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04-17-2012 BOS Adjourned Meeting(J ~,~ ~1lCt~JlIU! J BOARD OF SUPERVISORS AD-OURI~TED MEETIl~TG APRIL 17, 2012 r • _ s _ ~. ti' P1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, APRIL 17, 2012 7:00 P.M. GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION CHATHAM, VA 24531 AGENDA 1. Call to Order - 7:00 p.m. 2. Roll Call 3. Pledge of Allegiance 4. Items to be added to the Agenda (a) Finance Committee Recommendation -Page 8 (b) Roanoke River Basin Association -Page 9 APPROVAL OF AGENDA HEARING OF THE CITIZENS CONSENT AGENDA 5(a) Regional One -May 2012 -Page 12 (b) Resolutions for Community Service (Recreation) -David Bullins, George Henderson, Vernon Moon -Pages 13-16 (c) l~e~e~-~i~~:n~~~~er~~eek, "~~-• '' ~, ''~ -STRIKE FROMAGENDA (d) Proclamation -Law Day, May 1, 2012 -Pages 17-18 (e) Blairs Community Center -Statement of Accounts -Pages 19-47 (f) Ratify Amendment to Tower Lease -Pages 48-54 PUBLIC HEARINGS Rezoning Cases Case 1: Christopher George Doss; Callands-Gretna District; R-12-012 (R-1, Residential Suburban Subdivision District to A-1, Agricultural District) Case 2: Joseph C. Heath; Callands-Gretna District: R-12-013 (R-1, Residential Suburban Subdivision District to A-1, Agricultural District) Case 3: MMB Properties, LLC; Callands-Gretna District: R-12-014 (R-1, Residential Suburban Subdivision District to A-1, Agricultural District) Case 4: Christopher M. Robinson; Dan River District: R-12-015 DZ (R-1, Residential Suburban Subdivision District & B-2, Business District, General to RMF, Residential Multi-Family District) Case 5: Dorothy W. Myers; Chatham-Blairs District: R-12-016 (R-1, Residential Suburban Subdivision District to A-1, Agricultural District) Case 6: Jonathan Carroll Rigney & Others; Callands-Gretna District: R-12-017 (R-1, Residential Suburban Subdivision District to A-1, Agricultural District) 6. Public Hearing to receive citizen input on the proposed amendment and ratification of the following animal control area to Chapter 2, Section 2-22; Running at Large Restrictions; of the Pittsylvania County Code for the following roads in the Dogwood Estates Subdivision: Dogwood bane, Maple Drive, John Drive and Allen Place -Pages 58-72 7. Public Hearing to receive citizen input on proposed amendment to Pittsylvania County Code Chapter 12, Offenses, Section 9, Solicitors and Peddlers. This amendment broadens and redefines solicitors and peddlers, requires permitting in most instances, and defines penalties for failure to comply with amended Code - Requires Roll Call Vote -Pages 73-80 UNFINISHED BUSINESS 8. Expenditure Refunds -Motion made by Mr. Harville, seconded by Mr. Snead that required a 10-Day Layover that has now been met. Roll Call Vote Required -Pages 82-85 9. Tri-County Relicensing Committee (TCRC) Appropriation -Motion made by Mr. Barksdale, seconded by Mr. Hagerman that required a 10-Day Layover that has now been met. Roll Call Vote Required -Pages 86-87 NEW BUSINESS 10. Stephanie Ferrugia -Get Fit Dan River Region -Resolution of Support -Pages 89-90 11. Paulette Dean -Danville Humane Society - E. Stuart James Grant Adoption Center - Page 91 12. Recommendations from Legislative Committee -Committee will meet at S: OOpm, Tuesday, April 17, 2012 -Page 92 (a) Discussion of Proposed Three (3) Year Dog Tag Option (b) Discussion of Elderly/Disabled Tax Reduction for One (1) Motor Vehicle (c) Discussion of Proposed Ordinance Concerning Political Signs on County Property (d) Discussion of Proposed Ordinance Increasing Division of Motor Vehicles Stop Fees 13. J. T. Minnie Maude Grant - Requires a Roll Call Vote -Pages 93-96 14. Animal Friendly Plate Appropriation - Requires a Roll Call Vote - Page 97 15. Annual School Budget - FY2012/2013 -Pages 98-103 16. Annual County Budget Resolution - FY2012/2013 -Pages 104-107 17. Recommendation for County Reassessment Services -Page 108 18. Award Telephone Service for Captain Martin Building -Pages 109-114 19. Set Public Hearing for Proposed Solid Waste Fee -Pages 115-118 BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR 20. Corrective Action Plan for Robinson, Farmer, Cox Associates Audit Recommendations - Pages -122-131 CLOSED SESSION 21. Discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the body. Authority: §2.2-3711(A)(3) Code of Virginia, 1950, as amended Subject Matter: old Chatham Elementary School Purpose: Discussion of Proposals ADJOURNMENT 'I'O ~E ADDED P7 PI'I'TSYL~Ali1IA C®~J1~1TY ~oarci of Supervisors E%EfCiJ'I'IVE SiJ1VI1VIA12Y AGENDA TITLE: Finance Committee AGENDA DATE: 04-17-2012 ITEM NUMBER: 4(a) SUBJECT/PROPOSAL/REI~UEST: Finance Committee Meeting STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No INFORMATION: INFORMATION: BACKGROUND: The Finance Committee of the Board of Supervisors has made recommendations to the full Board of Supervisors. The Board has held the required public hearings for both the School Budget and the County Budget. DISCUSSION: However, since the General Assembly has not voted to approve a final budget for the Commonwealth of Virginia, and there are proposed increases for the school systems' funding from the Commonwealth, the County will have to revise its budget based on the number approved and hold a new public hearing because the numbers are an increase. In addition, the Chairman of the Board of Supervisors has sent the budget back to the Finance Committee due to these issues that need to be resolved and discussion of the various revenue increases that are proposed in the FY2012/13 budget. RECOMMENDATION: Recommendations will come from the Finance Committee following their meeting on Tuesday, April 17, 2012. PS PITTSYI.,VAI0IIA C®U~TTY hoard of Supervisors EXECUTIVE SUMMARY AGENDA DATE: ITEM NUMBER: AGENDA TITLE: 04-17-2012 4(b) Roanoke River Basin Association ACTION: INFORMATION: Yes SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Contribution Membership ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: Mr. Sleeper No REVIEWED BV: ,~ ' BACKGROUND: The Pittsylvania County Board of Supervisors voted last month to eliminate certain committees and representations on those committees. One of those committees was the Roanoke River Basin Association where the County has not participated in donating funds for several years. DISCUSSION: Mr. Marshall Ecker was the representative from Pittsylvania County to the Roanoke River Basin Association. He has requested that the Board of Supervisors reinstate their participation in the Roanoke River Basin Association by paying an annual dues of $100 and reinstate Mr. Ecker back into the position of representing the County at the Roanoke River Basin Association. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review, consideration and approval; $100.00 will be charged to membership under Board of Supervisors and it does not require a roll call vote. P9 I3EA NG OF C~TIZEI~TS P10 CONSENT AGENDA P11 PIT'TSYLVAIr1IA C®UN'TY hoard of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 4-17-12 Consent Agenda: Regional One-May ~ ACTION: CONSENT AGENDA: SUBJECT/PROPOSAL/REQUEST: ACTION: Yes Approval of Contract Payment to Regional One for May 2012 ATTACIIMENTS: No REVIEWED BY: STAFF CONTACT(S): Sleeper, VanDerllyde ITEM NUMBER: 5(a) INFORMATION: INFORMATION: BACKGROUND: 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 May. 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 May 2012. P12 PIT'I'SYLVAl~tIA C®~JNTY hoard off Supervisors EXECIJ'I'IVE SIIMIVIAIdY AGENDA TITLE: Resolutions for Community Service in Recreation AGENDA DATE: 04-17-2012 ITEM NUMBER: 5(b) SUBJECT/PROPOSAL/REOUEST: Resolutions for Prior Service in Recreation STAFF CONTACT(S): Mr. Sleeper ACTION: CONSENT AGENDA: ACTION: Yes ATTACIIMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: Pittsylvania County has had programs for children in recreation within Pittsylvania County for a number of years. These were fully operated by volunteers and volunteer programs until the Board of Supervisors approved a Parks & Recreation Department in 2011. DISCUSSION: Therefore, the Board of Supervisors will be passing on resolutions and certificates of service to various individuals that have provided significant amount of volunteer assistance in the past to operate recreation programs in Pittsylvania County. Three of those individuals are David Bullins in the Dan River District, George Henderson in the Tunstall District, and Vernon Moon in the Callands-Gretna District. This represents at least three regions of Pittsylvania County for this type of service. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached service resolutions and present them to the to the individuals on April 17, 2012. P13 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-05 VIRGINIA: At the adjourned meeting of the Pittsylvania County Boazd of Supervisors held on Tuesday, April 17, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: Whereas, David J. Bullins has been a resident of Pittsylvania County for 37 years, and working with his wife, Connie, they have provided assistance to the children of Pittsylvania County participating in recreation in the southern end of the County; and Whereas, David Bullins has provided support, guidance and counseling to children participating in the Pittsylvania County Youth Football League for the past 31 yeazs; and Whereas, David Bullins has coached youth football in Southside, Virginia for over 41 yeazs, working 5 years with the Stanleytown Youth League in Bassett and 37 yeazs in Danville and Pittsylvania County leagues, providing guidance, training and assistance for children participating in those leagues; and Whereas, during the 31 yeazs David Bullins has coached the Pittsylvania County Youth Football League, his A Team has won the championship for the past 4 yeazs, and during his tenure David has coached 455 games, winning 352 of them, making his cazeer as a coach outstanding by achieving a 75% winning record; and Whereas, David Bullins' volunteering during the eazly yeazs of the Pittsylvania County Youth recreation program helped to provide guidance to many children since the 1970s that have gone on to cazeers that were influenced by their ability to participate in these sports programs; and Whereas, David J. Bullins is an assistance coach for varsity football at Dan River High School, where he continues to provide service for the citizens of Pittsylvania County; then BE IT HEREBY RESOLVED, that the Pittsylvania County Boazd of Supervisors would like to express their sincere gratitude and appreciation to David J. Bullins for his outstanding service and exemplary leadership in coaching under the Pittsylvania County Youth recreation programs for over 30 years, giving unselfishly to dedicate his service to the citizens of Pittsylvania County; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to David J. Bullins of Ringgold, Virginia. Given under my hand this the 17`f' day of April, 2012. Tim R. Bazber, Chairman Pittsylvania County Boazd of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P14 PITTSYLVANL~1 COUNTY BOARD OF SiTPERVISORS RESOLiJTION 2012-04-06 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, April 17, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: Whereas, George Henderson began coaching football, baseball and basketball in Pittsylvania County in 1980; and became the Commissioner of the Pittsylvania County Youth Football league in 1981; and was named the Commissioner of the Youth Basketball League in 1984; and Whereas, George Henderson was instrumental in the formation of the Pittsylvania County Girls Volleyball League in 2009 and he became the first Commissioner of the Volleyball League in 2009; and Whereas, George Henderson has mentored in excess of 1,000 young athletes each year through the various sports programs of Pittsylvania County, preparing them for high school sports in Pittsylvania County, and professional teams; and Whereas, George Henderson was instrumental in the beginning of an annual scholarship program through the Pittsylvania County Youth Sports Leagues, which provides ten scholarships each year in the amount of $500 each to deserving athletes in the football, volleyball and basketball youth sports each year; and said total scholarships awarded to date exceed over 54; and Whereas, George Henderson, has been a Virginia High School League Official for baseball, for thirty five (35) years, an ODAC College Official for twenty-five (25); has served one season as a Class A Professional Baseball Umpire in North Carolina; has volunteered as a basketball official for the Danville YMCA for thirty-five (35) years; and has served as an umpire and referee for thirty-five (35) years to the Pittsylvania County Youth Sports Leagues; and Whereas, on June 1, 2011, George Henderson retired as Commissioner of the Pittsylvania County Youth Basketball League and the Pittsylvania County Youth Football League, after serving in those capacities for thirty-one (31) years and twenty-eight (28) years, respectively; and THEREFORE, BE IT HEREBY RESOLVED, on behalf of the citizens of Pittsylvania County, the Board of Supervisors would like to express their sincere gratitude and appreciation for the many hours of volunteerism, dedication, mentorship, commitment and vision by George Henderson to the youth sports programs of the County of Pittsylvania. BE IT FURTHER RESOLVED that a copy of this resolution be presented to George Henderson, of Dry Fork, VA. Given under my hand this the 17a' day of April, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk P i 5 Pittsylvania County Board of Supervisors PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-07 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, April 17, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: Whereas, L. Vernon Moon, and his wife, Diane, have been working with the children of Pittsylvania County in the Gretna community for the past 25 years; and Whereas, L. Vernon Moon has contributed greatly to the community, enriching the lives of numerous students and has worked to enhance both academic and athletic opportunities for the residents in northern Pittsylvania County; and Whereas, L. Vernon Moon has devoted his personal resources to maximize the quality of life for those students and athletes who have participated in programs in northern Pittsylvania County and at Gretna High School; and Whereas, L. Vernon Moon is a major organizer and contributor to the Grefia High School Athletic Booster Program, particulazly in the development of a new weight room and field house for the football team, and dedicating additional land necessary to the school to provide practice fields and expansions of its athletic programs; and Whereas, L. Vernon Moon speazheaded the projects that improved the football field's north end zone to improve the safety and appeazance for the school's football stadium at Gretna High School, led the fundraisers necessary to support the construction of a new concession stand, and other football field improvements at this stadium; and Whereas, L. Vernon Moon has personally dedicated equipment and time, as well as his expertise, to the school's athletic programs for the development of new opportunities for the students at Grefia High School; and Whereas, L. Vernon Moon has dedicated many hours to serve the Gretna youth sports program, providing guidance, assistance and counseling to individuals participating in those programs; and Whereas, because of L Vernon Moon's contributions in providing students of the Gretna community and northern Pittsylvania County with opportunities that they otherwise may not have possessed both on and off the field, many of these athletes and students have received scholarships and other post-high school academic opportunities that they may not have otherwise enjoyed; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors would like to express their sincere gratitude and appreciation to L. Vernon Moon for his outstanding service to the community in the field of recreation and athletic support in the northern area of Pittsylvania County and Gretna High School, providing outstanding service and exemplary leadership to the young citizens of Pittsylvania County, giving unselfishly and dedicating himself to the success of this programs for the children of Pittsylvania County; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to L. Vernon Moon of Grefia, Virginia. Given under my hand this the 17~' day of April, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P16 PITTSYLVAI`TIA C®iJll1'~Y hoard of Supervisors EXEC'~JTIVE SiJM1VIA1tY AGENDA TITLE: AGENDA DATE: 04-17-2012 ITEM NUMBER: 5(d) Proclamation -Law Day ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Proclamation CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACI{GROUND: Each year the Pittsylvania County Board of Supervisors approves a Proclamation to celebrate Law Day in Pittsylvania County. DISCUSSION: Attached hereto, you will find a copy of a Proclamation from the Pittsylvania County Boazd of Supervisors declazing May 1, 2012, the observance of Law Day in Pittsylvania County and request all of the citizens of Pittsylvania County to review presentations concerning the control of law in their daily lives in Pittsylvania County. RECOMMENDATION: Staff submits this Proclamation for the approval of the Board of Supervisors. P17 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION LAW DAY 20fl2 Whereas, the American justice system is charged with upholding and protecting the rights, as well as the freedom and justice of all Americans; and Whereas, in 1961 Congress issued a joint resolution declaring May 1 Law Day; which is a national day to recognize and celebrate our justice system and the rule of law; and Whereas, the Law Day 2012 theme, "No Courts, No Justice, No Freedom," provides an opportunity to highlight the crucial role of our courts and to foster a better understanding of the judiciary; then Now, Therefore, the Pittsylvania County Board of Supervisors, in accordance with Public Law 87-20, as amended, does hereby proclaim May 1, 2012, as Law Day and urge all community residents, school administrators, teachers and students, business and civic leaders, and legal professionals and law students to support this national day by participating in Law Day activities. Given under my hand this day 17`x' day of April, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P18 PITTSYLVA1~tIA C®UN'I'Y Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 04-17-2012 ITEM NUMBER: 5(e) Blairs Community Center and Statement of Accounts SUBJECT/PROPOSAL/REOUEST: Annual Lease and Statement of Accounts STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors approved a lease of the Blairs Community Center for the Pittsylvania County Youth Sports, Incorporated, in the year 2004. Since that date, Pittsylvania County Youth Sports has operated youth recreation programs and private day school at that facility. DISCUSSION: March is normally the renewal month for the lease agreement with the Pittsylvania County Youth Sports. As we have changed Boards in order to give time and information to the new members, attached hereto is a copy of the existing lease for the Pittsylvania County Youth Sports and a copy of all of the statements of account from 2004, 2005 to the 2011 years for the operations that have occurred at the Blairs Community Center for both income and expenditures. RECOMMENDATION: Because of the uncertainty of activities and actions at this building, staff recommends the Board of Supervisors approve a continued month to month lease with the Pittsylvania County Youth Sports and accept the Statement of Accounts for the year 2011. P19 THIS LEASE AGREEMENT, made and entered into this 4~' day of April, 2005, by and between THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA, acting by and through its duly authorized County Administrator, Grantor, herein referred to as "Landlord", whose address is P.O. Box 426, Chatham, Virginia, 24531; and PITTSYLVANIA COUNTY YOUTH SPORTS, INCORPORATED, a non profit corporation, organized under the laws of the Commonwealth of Virginia, acting by and between its duly authorized President, . George Steven Stone, Grantee, herein referred to as "Tenant". --WITNESSETH-- WHEREAS, Landlord who is-the governing body of Pittsylvania County, Virginia, and desires to promote the health, safety and general welfare of the citizens of Pittsylvania County, Virginia, and in doing so desires to promote the recreational activities of the youth of Pittsylvania County, Virginia; and WHEREAS, Landlord has desires that the hereinafter described real property be used for recreational opportunities of its citizenry, not only the children but for all of her citizens; and WHEREAS, Tenant is a non-profit corporation duly organized to promote the educational and recreational activities of the citizens of Pittsylvania County, Virginia; and WHEREAS, Tenant desires to utilize the hereinafter described real property as a facility to promote and conduct recreational activities for the citizenry of Pittsylvania County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: P20 1. DESCRIPTI®N ®F TIIE PREMISES. All that certain tract or parcel of land, with improvements thereon and all appurtenances thereunto pertaining, lying and being situate in the Chatham-Blairs Magisterial District of the County of Pittsylvania, Virginia, containing 14.886 acres, by survey, and lying on the northern margin of State Road No. 719 and beginning 441 feet, more or less, west of the intersection of State Road No. 719 and U.S. Highway 29, with metes and bounds as shown on Plat of Boundary Survey for the Pittsylvania County School Board, made by William M. Burgess, C.L.S., dated October 11, 2003, a copy of which plat is attached hereto and made apart of this Lease, and being in all respects that same property declazed surplus by the Pittsylvania County School Board, pursuant to Section 22.1-129 of the Code of Virginia, by resolution duly adopted by said Pittsylvania County School Boazd on October 14, 2003. 2. TERM ®F LEASE. Tenant agrees to lease the above described premises for a term commencing on the last day of March, 2005 and terminating on the last day of March 2008. The term of this lease is, however, subject to annual reapproval by the Boazd of Supervisors at the adjourned meeting of the Board in March of each yeaz. 3. INIPR®VEMENTS. Tenant agrees and acknowledges that it is accepting the property in "as is -where is" condition. Tenant further acknowledges that property has been in the possession of the Pittsylvania County School Board, and not in the possession of Landlord for many yeazs. Landlord makes no representations as to the condition of the property, and none of Landlord's agents are authorized to make any representations in regazds to the quality or safety of any improvements existing on the property. Tenant agrees that he has had ample opportunity to fully examine the property in question, and accepts said property in the condition in which it now exists. 2 P21 Tenant agrees that it shall, at its sole expense, prepaze any and all improvements upon the property such that it is fit and proper for use by the citizens of Pittsylvania County for the purposes as stated herein, including but not limited to, the repair, preparation, firing and use of the existing boiler system, plumbing repairs and alterations, and the repair of electrical service in such of the facilities as may be utilized by Tenant and into which the citizenry shall be permitted to enter. Landlord agrees that it shall maintain the existing exterior walls and roof. Landlord agrees that it shall supply water and electrical service to the Improvements. Landlord further agrees that it shall maintain the existing hazard or casualty insurance on the improvements contained on the property. Tenant may make alterations to the facilities of a structural nature only upon prior written consent of Landlord's agent, the County Administrator, or his designee. Any such alteration shall be at the sole expense of Tenant, and any such alteration shall either remain as part of the structure upon termination of this Lease, or said structure shall be returned to its original state. 4. RENT. Tenant agrees to pay Landlord at P.O. Box 426, Chatham, Virginia, 24531, the sum of One Dollaz ($1.00) per yeaz for the lease of the premises. 5. USE OF PREMISES. The parties expressly agree that this Lease is executed in order that Tenant may conduct the activity of a recreational center for the benefit of the children of Pittsylvania County, Virginia, and that Tenant shall attempt during the term of this Lease to expand the recreational P22 use of the facility such to benefit adults and the elderly of Pittsylvania County. The facilities may also be used as a recreational facility for the children, adults and elderly from outside of Pittsylvania County, Virginia. The facilities may also be used to conduct adult services, educational programs, and community activities. The demised premises shall not be put to any other use without the prior written consent of Landlord. Furthermore, the failure of the Tenant to use the demised premises as a recreational facility as provided for herein shall be deemed as a breach of this Lease. 6. SERVICES. Except as otherwise provided herein, Tenant shall be responsible for providing all other services to the demised premises, including but not limited to heat, adequate garbage, dumpster or other trash collection receptacles; adequate and safe pazking spaces for the use of the demised premises; custodial and/or janitorial services; such security as may be appropriate under the circumstances of the use as the same may from time-to-time be necessary; and the prompt removal of all snow and ice from exterior walkways, stairways and pazking azeas. 7. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or transferred, and the premises may not be sublet, either in whole or part, by Tenant without Landlord's prior written consent. Landlord does hereby designate her County Administrator, or the Designee thereof, to approve or deny any and all subleases that purport to provide only recreational activity, adult services, educational programs, and community activities at the facility. Any proceeds, rent or other consideration received by tenant from any sublease shall be used solely to further the approved programs, to operate the facility, or to maintain 4 P23 and/or improve the facilities. Tenant agrees to keep and maintain accurate records in regards to any income received as a result thereof, and any disbursements of said funds, and that Landlord shall be given access to said records upon reasonable notice. 8. REPAIRS. Tenant hereby agrees that during the term of this Lease, it shall keep the building and demised premises in good repair, and take such steps as are necessary to provide for the safety of the users of said facility. 9. RIGHT OF ENTRY TO INSPECT. Landlord reserves the right for herself, her agents and employees to enter upon the premises at any reasonable time to make inspections, and if necessary, repairs and alterations should such repairs and alterations be necessary, in Landlord's sole opinion, to insure the safety and general welfaze of the users of said facility. Landlord, however, shall be under no obligation to make any such repairs or alterations, and should any condition persist upon written notice thereof to Tenant of any unsafe condition for more than fourteen (14j days following the mailing of such written notice, Landlord may, in its sole discretion, terminate this Lease. 10. BANKRUPTCY OR INSOLVENCY. It is expressly agreed that if any time during the term of this Lease, Tenant shall be adjudged bankrupt or insolvent by any Federal or State Court of competent jurisdiction, or should a judgment be entered against Tenant or any pre judgment attachment or levy be granted against Tenant for which the benefits of this Lease may serve to satisfy, Landlord may, at her option, declaze this Lease to be terminated and cancelled, and may take possession of the demised premises. 5 P24 11. DAMAGE OR DESTRUCTION BY FIRE OR NATURAL CAUSES. If, during the term of this Lease, any building on the demise premises is destroyed by fire, natural causes, or other casualty, or so damaged thereby that it is no longer useful for the purposes as provided for herein, this Lease may terminated as of the date of such damage or destruction at the option of Landlord. Landlord shall be under no obligation whatsoever to cause any repairs to be made to the premises in the event of such casualty, nor shall Tenant be deemed in any manner to be a third party beneficiary of any casualty insurance maintained by Landlord. Tenant's sole remedy in the event of damage or destruction of any buildings on the demised premises shall be to terminate this Lease. 12. SIGNS. Tenant may display signs and shingles advertising the use of the premises, or any school activities, or recreational activities which take place on said premises with the prior written consent of Landlord's agent, the County Administrator of Pittsylvania County, or his designee. 13. INDEMNIFICATION. Tenant does hereby agree to indemnify and hold harmless Landlord for any and all liability incurred as a result of the use or occupancy of the demised premises consistent with the provisions of this Lease. 14. BREACH. In the event of breach of any of the provisions of the terms and conditions of this Agreement, the non-defaulting parties' sole remedy shall be to terminate this Lease. 6 P25 15. INSURANCE. Tenant shall maintain a minimum of one million ($1,000,000.00) dollazs liability insurance coverage on all activities conducted at the facility. Tenant shall also provide documentation of the issuance of said policy to Landlord, and shall sign such documents as aze necessazy with any insurer such to pernut Landlord to confirm the existence of any such insurance. Any such policies shall have a provision contained therein which requires said insurer to notify Landlord in the event of lapse or cancellation or any other termination of said policy. 16. AUDIT. In the event it is requested by Landlord, Tenant shall produce for inspection all records and documents, and shall permit Landlord to interview any and all agents or employees of Tenant, in regards to all income received and expenditures made for the use of the facilities. IN WITNESS WHEREOF, the parties have executed this Lease on the '~ ~ day of April, 2005, following the holding of a public hearing as required by the provisions of Section 1.5.2-1800, Code of Virginia, 1950, as amended. BOARD OF SUPERVISORS OF PITTSYLV By: William D. Sleeper; County PITTSYLVANIA COUNTY YOUTH SPORTS, INCORPORATED By: George Steven one, President 7 P26 STATE OF VIRGINIA AT LARGE, to-wit ~ Twri2 ,200 ~ The foregoing instrument was acknowledged before me this ~~ day of Ag~1~665, by William D. Sleeper, County Administrator, THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY. My commission expires: ~~ ~ ~ ~ ~ ~0 6 ~ o vo ~' Notary is STATE OF VIRGINIA AT LARGE, to-wit ,~~ ~v~,ri,Q Zoo ~ The foregoing instrument was acknowledged before me this ~ day of ~il~ee~ by George Steven Stone, President of PITTSYLVANIA COUNTY YOUTH SPORTS, INCORPORATED. My commission expires: 1 ~ o a ~ ~C ~co No Pu lic P27 THIS AMENDMENT TO LEASE AGREEMENT, made and entered into this 16th day of May, 2006, by and between the Board of Supervisors of Pittsylvania County, Virginia, acting by and through its duly authorized County Administrator, Grantor, herein referred to as "Landlord"; Pittsylvania County Youth Sports, Incorporated, a non profit corporation, organized under the laws of the Commonwealth of Virginia, acting by and between its duly authorized President, George Steven Stone, Grantee, herein referred to as "Tenant"; and Mrs. Roy N. Ford, party of the third part, hereinafter referred to as "Licensor". --WITNESSETH-- WHEREAS, Landlord and Tenant have entered into a Lease Agreement dated the 4th day of April, 2005 for Lease of 14.886 acres, by survey, 'and lying on the northern margin of State Road No. 719 in the Chatham-Blairs Magisterial District of the County of Pittsylvania, Virginia; and WHEREAS, Tenant utilizes the leased property to promote the recreational activities of the youth of Pittsylvania County, Virginia; and It has been discovered that a portion of the property presently being utilized by the Tenant is actually on the property of the Licensor; and WHEREAS, Licensor has no objection to the Tenant continuing to utilize her property, provided she is held harmless for all activities conducted by the Tenant on her property. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. That all of the previous contents of that certain lease agreement between P28 Landlord and Tenant, dated the 4th day of April, 2045, not inconsistent with this Amendment shall remain in full force and effect under the terms and conditions as contained in the original Lease Agreement; and 2. The Licensor does hereby grant unto the Tenant a revocable license to conduct their activities as described in the Lease Agreement between Landlord and Tenant on so much of her property as has been used in the past and is currently being used as of the date of the execution of this Agreement. 3. Pittsylvania County Youth Sports, Incorporated does hereby agree to indemnify and hold harmless Licensor for any and all liability incurred as a result of the use or occupancy of Licensor's property consistent with the provisions of the Lease, including her reasonable attorneys fees and costs expended in defense of any suit brought against Licensor as a result of activities conducted by Tenant or any person authorized by Tenant to be on the property of Licensor. IN WITNESS WHEREOF, the parties have executed this Amendment to Lease on the day of June, 2006. BOARD OF SUP VISORS OF PITTSYLV COUNTY By: Villiam D. Sleepe , P29 PITTSYLVANIA COUNTY YOUTH SPORTS, ' ~ INCO TED By: ... George Steven tone, President STATE OF VIRGINIA AT LARGE, to-wit Mr Roy N. rd ~ I~l• ~p IZ ~u3g2 0,~ Cl ~~ n~ The foregoing instrument was acknowledged before me this ,~_day of ~) ~~ , 2006, by William D. Sleeper, County Administrator, BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY. My commission expires: S~ 3 a-o 0 No ublic STATE OF VIRGINIA AT LARGE, to-wit The foregoing instrument was acknowledged before me this ~_day of '5,,,,,~ , 2006, by George Steven Stone, President of PITTSYLVANIA COUNTY YOUTH SPORTS, INCORPORATED. My commission expires: .~,~~~~~ ~ 1 Zo a '~ .(U ~~ No P blic STATE OF VIRGINIA AT LARGE, to-wit e foregoing instrument was acknowledged before me this D day of ~ , 2006, by ~~,••, ~r ^ u. l~l r6 FO ~ • My commission expires: L 8 ZDD a ~.~ -~ Notary P lic P30 Blairs Community Center Income/Expense Accounting Year Ended December 31, 2011 INCOME: Hope Haven Southside Soccer Basketball League Rental Volleyball Total Income EXPENSES: Ground Maintenance and Supplies Maintenance and Repairs: Sewer Pump Lock Repair Boiler Repair Dempster Repair Gym Floor Repair Rebuild Wellhouse Gym Ceiling Basketball Goal Repair Total Maintenance First Piedmont Corp. (Dempster) Contract Workers Tax Preparation 56,451.00 2,000.00 .5,000.00 3,692.00 1,300.00 68,443.00 966.44 2,475.00 200.00 3,378.74* 475.00 750.00* 365.36 615.10 378.19 <9,603.83> 1,948.37 23,017.50 300.00 P31 Commonwealth of Va. Donation Janitorial Supplies Fuel (Oil, diesel, etc.) Telephone, Alarm, Monitoring Office Expenses Supplies General Miscellaneous Fire Extinguisher Inspection Insurance (Liability & Broiler} Installation of Volleyball System Equipment Purchase and Repair: Tractor repair Blower Purchase 2 Heaters General Equiprrient repair Total Expenses: Net Income Profit 65.00 200.00 282.91 14,378.04 2,455.11 938.58 1,218.89 253.00 167.42 1,957.97 3,683.64 (Includes Labor and drill rental) 466.93 275.57 802.27 134.68 <62,149.71> 6,293.29* *Boiler Maintenance was good in 2011, but projected start up maintenance to be costly. Gym floor will have to be totally redone in 2012 which is more costly than the 2011 bill. Due to the milder winter fuel consumption was lower than usual, although the cost was higher. P32 lairs Community Center Income/expense ~4ccounting Year ~'nded December 31, 2010 INCOME: Hope Haven Strategic Therapies Building/Field Rental Total Income EXPENSES: Ground Maintenance Maintenance and Repairs Security Monitoring First Piedmont Corporation (dumpster) Contract Workers Davenport Energy (fuel for boiler) ,ianitorial Supplies Telephone Office Small Equipment Purchased Insurance Miscellaneous Total Expenses Net Income (Loss) 3379.80 '~"'`Please note the annual premium for Liability Insurance and Boiler Insurance were due and paid in the first quarter of 2010. 62400.00 6750.00 9840.71 78990.71 1570.10 2290724 777.21 3569.65 25149.36 13221.86 1453.20 2865.82 1060.93 1002.72 1902.50 130.32 75610.91 N P33 BLAIRS COMMUNITY CENTER INCOME/EXPENSE ACCOUNTING YEAR ENDED DECEMBER 31, 2009 INCOME: Hope Haven 55400.00 Southside Soccer 750.00 Building Rent 4965.50 PCYB 5000.00 Strategic Therapy _ 4050.00 Total Income 70165..50 Ground Maintenance 1513.70 Maintenance & Repairs 10527.64 Security Monitoring 120.00 First Piedmont Corporation (dumpster) 1764.46 Contract Workers 23718.00 Davenport Energy (fuel for boiler) 19724.44 Janitorial Supplies 1044.89 Telephone 2028.58 Gas Expense (equipment) 806.58 Office Expense 23.55 Supplies 259.42 Computer 904.33 Accounting 300.00 Inspection 73.75 Miscellaneous 819.34 Total Expense 62114.98 Net Income/(Loss) $8050.52 **Please note the annual premium for Liability Insurance and Boiler Insurance were due and paid in the first quarter of 2010. ** It is projected that Centech will be billing in excess of $5,000 for boiler repairs during the first quarter of 2010. **The tractor currently used for grounds/field maintenance will need to either be replaced in the spring or have extensive repairs required. The items listed above are estimated to total approximately $8500. M P34 BLAIRS COMMUNITY CENTER VERIZON REFUND PEPSI ALTERNATIVE SCHOOL HOPE HAVEN SCHOOL SOUTHSIDE SOCCER CLUB RENT PCYFOOTBALL PCYSOFTBALL PCYBASKETBALL 2008 INCOME/ EXPENSES 208.31 125.38 10,095.00 64,000.00 3,175.00 545.00 750.00 250.00 3,000.00 TOTAL INCOME 82,148.69 PAYROLL TAX PREP DAVENPORT ENERGY CENTECH (BOILER) GYM FLOOR ROTO ROOTER INSURANCE VERIZON JAMES RIVER EQUIPMENT FIRST PIEDMONT (DUMPSTER) GENERAL MAINTENANCE SECURITY ALLIANCE UNIFIRST GENERAL SUPPLIES MISCELLANEOUS 23,241.25 350.00 31,267.22 6,118.40 650.00 663.00 1,828.14 2,313.09 555.52 3,866.27 2,506.96 120.00 193.31 1,279.02 5,474.01 TOTAL EXPENSES NET INCOME (LOSS) 83,726.19 (-1577.50) P35 ~Blairs C~omrriunity Center ~t~te~e~t ~~cvunts ~tTanuary 1, X007- ~ecember3l, X007 9ncome ~irtsy~vania L3ount~ fit: c~chool ~,9~5.DD c~o~e Craven cSchool 51.1-~1.~ 4~ob ~eainess i,SDO.DO ~arhrvays ro cSuccess 3,$~5.DD ~entai revenue 7,'~DD ~oncesswns i;75,06 ~orai 93,~10.3D P36 eflSPS ~Buixdin~ ~~(aintenance mound tena~ce C'entec~~orTer ~'rst GPiedntont Jnsurance has ~E:x~ense ~Ielee~DiDione ~u~bes ~ecut~'tp Spstem ~ookl ~ee~nrgr4~ccounhng ~Dave~port ®!I C~anitorial Misc. dotal 3,931,85 9,101.00 9,778.17 2553,3 1,790.OD 2800,00 1,8?3 88 ~,809.3T ?50.10 ®37.00 23,230,10 15,950.00 1,580.87 79,888.08 P37 ~$aIance Statement Balance GFonvm~d i5,57~,03 ~e~osits 93,210.30 G~otal 108,?$~.33 g:x~enses 7'9,383.08 Balmue ~arroard 28,9025 P38 ~i~ia-s CJrnunity ~'er~er statement f ~(ccounts ~7V(arch 2005 - 4~ebruary 2006 income: cNerv c~onaon ~1?ay c5chool 12,170.00 ~irrsylvania CJaunty alt school 21, 73.29 c.Xo~e maven ~3,060,Op fob ~eainess 3, 600, 00 C`'ommuniry ~crion 6,00,00 4Zenral revenue 7, 718, 76 Concessions 2,20..58 amoral 96, 752, 63 P39 eases ~Buildin9 J~aintenance 9,53,37 Qraund J~ainrenance 3,555,0 Boiler/Center 22, T03.0~ ~irsr ~-iedmonr/~asre removal 2,38, 03 ~Davenporr Oil 21,209,79 .insurance 6~0, 00 Concessions 3,239,67 2Lriiiries 1, 650, 6~ ~u~lies 5,010,82 ~anirorial 1~,~50,00 ~~- ,2,307.3 ~ora1 86,T38,83 P40 balance cjtatemenr ~3alance ~Fot-rvard 17,01 deposits 96,752.63 G~oral 96, 769.6 ,`~enses 86,738,83 Balance 4~arrvard 10, 030.81 C'urrentabilities C'entecr~boiler repair 3, 716.93 Balance ~er linbiliries 6,313.88 P41 ~--ojecrion for ~xr dear ~.xpenses are projected to be higher next year due to higher oil cost and9etCiny another boiler up and running as you can see in the report these hvo items were almost ~~~ooo.oo alone. die are .planning to add mare air condition units and do extensive yainh"ng and repairs. Our intention are to hook up to the county sewage system ruhich gam sure nn'll be a costly item and another added monthly expense. P42 ~lai~s Co~au~it~v Cente~° ~"~tts~l~a~~a ~'®nt~ ~'®t ,gyp®~ts~ I~~co Statement of Accounts 1 S 1Vda~ch 20D5 P43 Blairs Community Center Statement of Accounts January2D04 -February 2005 Income and Expense Statement Part I -Income Rental Receipts: New Horizon Day School 5630.00 Pittsylvania County Alt. School 9145.02 Hope Haven Day School 22819.00 Board of Supervisor (fuel) 5000.00 Rental Revenue 2509.00 Event Revenue 3900.00 Loan to BCC 1450.00 Total Income 50453.02 Rent in Arrears 7124.17 Total 57, 577.19 i P44 lairs Community Center Statement ®f Accounts .Tanuary2004 -February 2005 Income and Expense Statement Part II -Expense Building Improvements (attachment A) Building Maintenance (attachment A) Administrative Expense Fuel Oil Concession Expense Total Current Liabilities: Boiler Repair Plumbing Alarm Repair Fuel Oil Janitorial and Concession Total Expense Total Liabilities 71065.91 2 25661.41 6120.23 1740.44 12675.63 2599.49 48, 797.20 16184.93 3 75.00 1282.78 3500.00 926.00 22, 268.71 P45 Blairs Community Center Statement of Accounts January2004 -February 2005 Attachment A Building Improvements 1. Fire Alarm (Fyer Fyters) 1861.20 2. Plumbing (Roy Williams & Flow Fast) 9330.00 3. Signage (Power Signs) 797.40 4. Repairs (K Jamison, Jones & Sons) 4972.81 5. Floor Refinishing (Jim Gery) 8700.00 6. Boiler Repair (Centech) 16184.93 Building Maintenance 1. First Piedmont 692.48 2. Wilco 807.75 3. General Cleaning Services 4620.00 Listed above are the primary vendors. A complete check registrar is available upon request. 3 P46 Blairs Cornfnunity Center Statement of'Accounts ,Tanuary2004 -February 2005 Balance Statement Income 57, 577.19 Cash 17.02 Total 57594.21 Expenses 71065.91 <13, 471.14> 4 P47 PITTSYLVANIA COUNTY Board of Supervisors EXECiTTIVE SiJMMARY AGENDA TITLE: AGENDA DATE: 04-17-2012 ITEM NUMBER: 5(f) Ratify Amendment to Tower Lease ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Amendment to 911 Tower Lease CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: The Pittsylvania County Board of Supervisors approved a program to install new E-911 Radio Communication Equipment throughout Pittsylvania County and the installation of this equipment is the required number of documents to be approved by the Board of Supervisors, in order to insure that the administrative requirements of the lease program are carried out. Attached hereto, you will find copies of the first amendments to the Tower Lease concerning the Appalachia Power Company's (APCO) site at Smith Mountain. DISCUSSION: The Board has approved this Lease Agreement and the Assignment of this Lease Agreement to Banc of America. APCO has agreed to extend the lease for an additional ten (10) years in order to meet all the necessary requirements of the lease agreement on the 911 Equipment. Therefore, in accordance, with the Board's direction to sign all necessary documentation, the County Administrator has executed this document as the Lessee to extend the license agreement with APCO for the Smith Lake site for an additional ten (10) years. Requesting that the Board of Supervisors ratify this action to incorporate their approval into the minutes. RECOMMENDATION: Staff recommends the Board of Supervisors ratify the signature of the first amendment to the Tower Lease by the County Administrator extending the APCO lease for ten (10) years. P48 FIRST AMENDMENT TO TOWER LICENSE AGREEMENT This First Amendment to Tower License Agreement (this "First Amendment") is made as of this 4`" day of April, 2012 by and between Appalachian Power Company ("Licensor") and Pittsylvania County Boazd of Supervisors ("Licensee"). WHEREAS, on April 25, 2002, Licensor and Licensee entered into a Tower License Agreement (the "Agreement"); and WHEREAS, pursuant to the Agreement, Licensor licensed to Licensee a portion of that certain space on the Licensor's communications tower and the ground underneath such tower; and WHEREAS, Licensor and Licensee desire to modify the Agreement as provided herein. WHEREAS, any terms, conditions or provisions not specifically addressed or modified by this First Amendment shall remain in full force and effect as agreed to in the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Paragraph 3, "Term" shall be modified to reflect the extension of said License term for an additional ten (10) year term after the termination of the current License Agreement on April 25, 2017. All other terms and conditions contained within Pazagraph 3 shall remain in full force and effect. In the case of any inconsistencies between the terms and conditions in the Agreement and the terms and conditions contained in this Amendment, the terms and conditions of this Amendment shall control. Except as set forth in this Amendment, the Agreement remains unchanged and in full force and effect, and the parties hereto hereby ratify and affirm the same. IN WITNESS WHEREOF, the parties have caused this First Amendment to be signed,as of the date first above written. Licensor: Licensee: Appalachian Power Company Pittsylvani ounty Board of Supervisors "~ ~~,~ ~ S' ~ture Signature Jason D. Griffith Printed Name Director, IT Infrastructure En ineering Title ~~~ f,~. Date 1~/: l 1. ~,..- ~S. S/~~D~e /~ Pr~i lnted Na/me /~ ~ /~/ - - Title ~-~ f~- Date P49 Prepared by: F. Jesse Bausch Hunton & Williams LLP Riverfront Plaza, East Tower 951 East Byrd S[reet Richmond, Virginia 23219 (804)787-8068 Tax Map Parcel No. (This Assignment of Tower License Agreement is exempt from recording taxes under Section 58.1-811.A.3 of the Code of Virginia of 1950, as amended.) ASSIGNMENT OF TOWER LICENSE AGREEMENT dated April ~, 2012 ("Assignment") between the COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Assignor"), and BANG OF AMERICA PUBLIC CAPITAL CORD, a Kansas corporation ("Assignee"). INTRODUCTION Assignor has entered into a Tower License Agreement, dated April 25, 2002, (the "Tower License Agreement") with Appalachian Power Company, ("APCO"), as amended on , 2012, a copy of which Tower License Agreement, as amended, is attached hereto, providing for the installation of towers, shelters and generators to be located on property owned by APCO for Assignor with respect to certain E911 equipment to be financed by Assignor (the "Units"), under a Master Equipment Lease/Purchase Agreement dated as of Febnaazy 24, 2012 between Assignor and Assignee (the "Lease"; defined terms therein not otherwise defined herein being used herein as so defined). NOW, T)EIEREFORE, the parties hereto agree as follows: 1. Assignor hereby collaterally assigns to Assignee all of Assignor's right, title and interest in and to the Tower License Agreement. Assignee hereby accepts such assignment. Assignee hereby appoints Assignor as its agent solely for the purpose of enforcing Assignor's rights under the Tower License Agreement. 2. Assignor may not amend, modify, rescind, or terminate the Tower License Agreement without the prior express written consent of Assignee. 3. Notwithstanding this assignment, (a) Assignor shall at all times remain liable to APCO under the Tower License Agreement to perform all the duties and obligations thereunder to the same extent as if this Assignment had not been executed, and (b) the exercise by Assignee of any of the rights assigned hereunder shall not release Assignor from its duties or obligations to APCO under the Tower License Agreement. 4. Assignor represents and warrants that (a) consent has been obtained and is evidenced by APCO's signature and acknowledgment below, (b) the right, title and interest of Assignor in the Tower License Agreement so assigned is and shall be free from all claims, liens, security interests and encumbrances, (c) Assignor will warrant and defend the assignment against claims and demands of all persons, and (d) the Tower License Agreement is and, when this P50 Assignment is executed and delivered, it will be in full force and effect and enforceable in accordance with its terms, and Assignor is not and will not then be in default thereunder. 5. At any time and from time to time, upon the written request of Assignee, Assignor agrees to promptly and duly execute and deliver any and all such further documents and take such further actions as Assignee may reasonably request in order to obtain the full benefits of this Assignment and of the rights and powers herein granted. 6. This assignment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. P51 IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly executed as of the day and year first written above. THE COUNTY OF (ASSIGNOR) By: ~~.CL-G Print Name: l..! ~ ~ VANIA, VIRGINIA Address: 21 North Main Street City: Chatham State: Virginia Zip: 24531 Tel: (434) 432-7742 Fax: (434) 432-7746 STATE/COMMONWEALTH OF V ~' ) ss. COUNTY OF T' ~ ~'1 ~ / Q ~l t- alp ) On the ~0 day of u ~ ~ in the year of 2012, before me, the undersigned, a Notary Public in and for said tate/Commonwealth, personally appeared William D. Sleeper, as County Administrator of the County of Pittsylvania, Virginia, 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. WTI'NES my hand and official seal. Signature: ~'~-~ My Commission Expir s t oL 3~ /~ Commission Number: t ,~~.~ E.., Ty0 •, • •. P~ n : MY~p#~3B05f1 : Z EXP M~SSrpN ~~~ ~. 1y31~1q ~,:: 2Q- ~,'•. ~ ~~'•., q~TH 0~ J~~. •~• P52 BANC OF AMERICA PUBLIC CAPITAL CORP (ASSIGNEE) By: Name: Title: Address: City: State: Zip: Tel: Fax: STATE/COMMONWEALTH OF _ ) ss. COUNTY OF ) On the day of in the year of 2812, before me, the undersigned, a Notary Public in and for said State/Commonwealth, personally appeazed as of Banc of America Public Capital Corp, 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 hislher authorized capacity, and that by hislher 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. Signature: My Commission Expires: Commission Number: P53 CONSENT AND ACKNOWLEDGEMENT By signing below, the undersigned consents to and agrees to be bound by the assignment made by Assignor hereunder, and acknowledges the rights created in Assignee to the extent the undersigned has any interest, direct or indirect, in the Tower License Agreement. The undersigned further consents: (i) to the collateral assignment of the Tower License Agreement for the benefit of the Assignee pursuant to Section 15 of the Tower License Agreement; (ii) to the installation of the Units and that such Units may be removed at any time by the Assignee without recourse to legal proceedings, all in accordance with Section 11 of the Tower License Agreement; and (iii) to deliver notice of any default by the Licensee (Assignor hereunder) under the Tower License Agreement to Assignee at: 555 California Street, 4`h Floor, Mail Code CAS- 705-04-01, San Francisco, CA 94104; Attn: Contract Administration. APPALACHIAN POWER COMPANY (APCO) ~~ _. ~~~ Print Name: G•J..., D ,-~-. ~.4 rl, Title: Lip rc.cn, ' ~j fqy~_ ~ratc h. rf•, /Jh vl Address: ~ ~~ vQls,~t a2rt City: _ State: O f-4 Zip:~;~ i Tel: (2~k ~7/G ' /9~9 Fax: STATE/COMMONWEALTH OF ~~ ) ss. COUNTY OF 1~(CUr~ ~/~. ) On the ~` day of ~b /% ~ in the year of 2012, before me, the undersigned, a Notary Public in and for said State/Commonwealth personally appeared 6Y`. ~ ~' ~ as ~j~~. T/ `Yl~i~i>/1S~ ~i,~ of personally known to me or pro ed to me on~the basis of sati ctory evidence to be the indi tdual 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 Signature: My Commission xpl Commission Number: 55178.000281 EMF_US 39559631 v2 Karen $. Dy9f Notary Publ~, State of Ohio ~y Commission Expres 1x242015 P54 PUL~C ~IEAIZING P55 PI'TTS1'L,VANIA C®ITNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: 04-17-2012 6 Public Hearing -Dogwood Estates Subdivision ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Yes Proposed Amendment to Chapter 2-22; Running At I CONSENT AGENDA: Large Restrictions, of the Pittsylvania County Code ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pittsylvania County Board of Supervisors and Chapter 2-22; Running at Large Restrictions, of the Pittsylvania County Code note that homeowners of defined areas can request the Board of Supervisors to set an animal control area based on more than fifty (50%) percent of the landowners signing a petition for this service. DISCUSSION: Staff received a petition from residents of the Dogwood Estates Subdivision for the following roads within the subdivision: Dogwood Drive, Maple Drive, John Drive, and Allen Place. After reviewing and comparison to the recorded plat, fifty-one (51 %) percent of the landowners of the proposed controlled area of Dogwood Estates Subdivision had signed the petition in favor of establishing an animal controlled area. (96 parcels total for the 4 road listed, with 49 owners' signatures in favor of a controlled area). The petition meets the requirements of Chapter 2-22(b) of the Pittsylvania County Code to hold a public hearing for citizen input. At their regular meeting on April 2, 2012, the Board of Supervisors voted to hold a public hearing on April 17, 2012, to amend Section 2.22; Running at Large Restrictions, of the Pittsylvania County Code to add Dogwood Lane, Maple Drive, John Drive and Allen Place of the Dogwood Estates Subdivision as an animal controlled area, if the Board elects to do so. RECOMMENDATION: Staff submits this request to the Board of Supervisors for their review, consideration and approval. P56 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Public Hearing - Dogwood Estates Subdivision AGENDA DATE: 04-02-2012 ITEM NUMBER: 9 SUBJECT/PROPOSAL/REOUEST: Request to Amend Chapter 2-22; Running at Large Restrictions, of the Pittsylvania County Code STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: Pittsylvania County Board of Supervisors and Chapter 2-22 of the Pittsylvania County Code note that homeowners of defined areas can request the Board of Supervisors to set an animal control area based on more than fifty (50%) percent of the landowners signing a petition for this service. DISCUSSION: Staff received a petition from residents of the Dogwood Estates Subdivision for the following roads within the subdivision: Dogwood Drive, Maple Drive, John Drive, and Allen Place. After reviewing and comparison to the recorded plat, fifty-one (51%) percent of the landowners of the proposed controlled area of Dogwood Estates Subdivision had signed the petition in favor of establishing an animal controlled area. (96 parcels total for the 4 road listed, with 49 owners' signatures in favor of a controlled area). The petition meets the requirements of Chapter 2-22(b) of the Pittsylvania County Code to hold a public hearing for citizen input. RECOMMENDATION: Staff submits this request to the Board of Supervisors for their review, consideration and approval. P57 w~ W ~ N ~f..i ~~r C~' C!t W ^D rl n~.~ ~ ,Lr ~ C~ '`~ rrd^., ~1 r c~ n ~' `O ~' ~ ~' E c. _ E o c~ rn '3 ~p !E m _U •; D_ y= O C O J O r O 3 LL N p C 0 m c0 Iri 1'~ 7 O L ~U L~~~ ~ V O Q ~io~?oN ~ ~°'~3 eL ~ ~ ~ m N co •C p C N a C~ C lO C O h N'3 0 0 >. off, ~ m N ~ QI ~ ~ l~6 .y ~ ~ pp7 d •C ~ .C V N ~ ~ ~ ~ O ~ U LY_ ~°y ~ ~, T~ a mz ~~ a W o `~° o f a~i m a ~ b~ N ~ o y~ p m c p~ w?~ ;~ O c=o V ~n rns ~ m a~i c gQ ~.E~,3 ..1 0~~~ mo c ~~a> o°p ~ m v ~ o ~ ~ .~ m ~ ~ a a ~ =a n8~ ~o=g ao t o U' N N m m H m ~° > N L C O f0 ~ O !0 1 cS O 5 ~ d o ~~ a ~ m c C ~ E a L E° ~~ c '~ m o ,~ o U O . o ~ C ._ C m l0 10 (,~ 3 pa v N°~ °~ ~ U ~ m ~ O m :~ m ~' m C 'y F-- ~~~ ~_~N~ g, m m E m O ° A ~ > = N w O ~ ~ l6 ?i U m ~ ° N ° C O C m~ 0 0 0 ~ C p ~` r ~ W~~ m m>~ '~ ~ E 'o ~ ~~~ ~ Am•z~a m€,OtU ~/ c m = ~ o m Ii d ~~ ~cN~N ~ mZ ~~ aQ O ~^ E S c a m m a ° N=° o~$ E m~ a~ ~$ _LL W N N~ A E r m m~ N° L= °zm° ~a n U o 'c o rn V i s o. U m~ iii D a E~ ~ o c y c m~°~ o~ a `T° /~~ V '= Q O N O U ~~ O~ C U .+~ m m m v g= y m> Tc ~~ .a ~ O L ~ O` ~ m~ 'C . O 3 m ~ c¢ a ~ c 0 U i6 a o a ~~~ ~ ~ E rnv n~ m c° rn m -50 L o R ~ ~ g¢ 0 5 E a P58 EXIS'I'IN~ SEC. 2-22. RUNNING AT LARGE RESTRICTIONS IN DESIGNATED AREAS. (a) Notwithstanding the provisions of Section 2-13, it shall be unlawful for any dogs, licensed or unlicensed to run at lazge within certain designated subdivisions, towns, villages, or other defined areas. (B.S.M. 4/19/05) (b) A majority of the property owners in any subdivision, town, village, or other defined area within Pittsylvania County may petition the Board of Supervisors to be included among those areas within which it is unlawful for dogs to run at large. Upon receipt of such petition, the Board shall consider (1) whether the petition is signed by a majority of the property owners within the azea, and (2) whether the area is well enough defined to permit adequate enforcement by the Animal Control Officer. Thereafter, the Board shall vote upon the petition. If a majority of the members of the Board vote in favor of the petition, the area designated therein shall be added to those on file in the County Administrator's Office. (c) The following areas shall be designated areas restricting dogs running at large. (1) Quailwood Subdivision, off Orphanage Road in the Mt. Hermon area as recorded in Map Book 43, Page 67 H, Section 2, Lots 1-26, 28 and 29. (2) Fairfield Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 14, Pg. 84, Sec. A, B, C, D; Pg. 31, Map Book 20, Pg. 65; Map Book 31, Pg. 98. (3) Ridgecrest Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 15, Pg. 51, Sec. A, B, C, D, E; Map Book 22, Pg. 17, Sec. A, B, C; Map Book 33, Page 41, Sec. B, F; Map Book 33, Pg. 42, Sec. G. (4) Olde Hunting Hills Subdivision, off Mt. Cross Road, Secondary Highway 750 as shown on maps recorded in Map Book 23, Pg. 93, Sec. K., Sec. L-Lt. 7A, Sec. B-Lt. 18A; Map Book 13; Pg. 94 Sec's A-1 A-3A, B-1-6, C-1-3; Map Book 16, Pg. 8, Sec's A-4, 5, B-18-24, L-1-7; Map Book 26, Pg. 25, Sec's A, L, M; Map Book 37, Pg. 49, Sec's L, M, N; Map Book 39, Pg. 12, Sec's A, M, N, P; Map Book 40, Pg. 188, Sec's A, P; Map Book 14, Pg. 65, Sec's D, E. (5) Laurel Woods Subdivision, off Golf Club Road in the Mt. Hermon area as recorded in Map Book 21, Page 7, Sections A, B; Map Book 40, Page 17. (B.S.M. 7/19/05 effective 9/1/05) (6) Mountain View Place Subdivision, off R & L Smith Drive, State Route 863, as recorded in Deed Book 848, Page 748, Sections A & B, Plat Book 43, Page 148-L, Tax I.D. #125-A-47, Zoning R-l. (B.S.M. 9/20/05 effective 10/21/05). (7) Stoneridge Subdivision, off Pinecroft Road, State Road 747, as recorded in Deed Book 1176, Page 102; DB 1309, Pg 651; DB 1324, Pg 662; DB 1330, Pg 490; DB 1332, Pg 729; DB 1352, Pg 090; DB 1353, Pg 124; DB 1354, Pg 457; DB 1402, Pg 140; DB 1403, Pg 858; DB 1431, Pg 623; DB 1443, Pg 406; DB 1452, Pg 400; DB 1455, Pg 622; DB 1461, Pg 219; DB 1475, Pg 009; DB 1478, Pg 617; DB 1499, Pg 646; DB 1511, Pg 605; DB 1513, Pg 488; DB 1522, Pg 850. (B.S.M. 7/18/06) P59 (8) A portion of Stony Mill Road, beginning at the intersection of SR 869 & SR 844 and ending at the Stony Mill Bridge at Sandy River. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (9) Mt. Hermon Place Subdivision, from Samuel Road to the end of Pepper Lane, and the cul-de- sacs of Samuel Road, Samuel Ct., Samuel Bend, and Franklin Place as recorded in MB 39, Pg 199; DB 840, Pg 323; MB 40, Pg 84; MB 43, Pg 139B; MB 43, Pg 26J; MB 39, Pg 55; MB 40, Pg 13; MB 42, Pg 193; MB 43, Pg 21C; MB 43, Pg 30G; MB 43, Pg 170B; MB 42, Pg 142. (B.S.M. 10/21/08 effective 11/03/08) (10) Huckleberry Hills Subdivision, from Blue Ridge Drive/SR 634 to end of Banley Street/SR 980, as recorded in DB 1191, Pg 581; DB 1191, Pg 578; DB 606, Pg 164; DB 587, Pg 113; DB 1268, Pg 052; DB 1463, Pg 643; DB 1202, Pg 782; DB 586, Pg 46; DB 998, Pg 609; DB 533, Pg 583; DB 557, Pg 487; DB 1025, Pg 004; DB 894, Pg 124; DB 551, Pg 547; WF 09, Pg 00134; including 250 feet azound 125 Banleys Street #2532-73-2915 in the Staunton River District, A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 5/19/09) SEC. 2-23. FEMALES IN SEASON RUNNING AT LARGE. It shall be unlawful for the owner of any female dog to permit such dog to stray from his premises, while such dog is known to such owner to be in season. During the entire time such dog is in season she shall be confined, restricted or penned up in a building or a secure enclosure adequate to prevent the animal from running at lazge. Tethering of a female dog in season not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement. For authority of this section, refer to Section 3.2-6538, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC. 2-24. IMPOUNDMENT WHERE RUNNING AT LARGE. (a) It shall be the duty of the Animal Control Officer or other officer to cause any dog found running at lazge in violation of any provisions of this Chapter to be caught and confined in the County animal shelter. Every effort shall be made on the part of such officer to determine ownership of the confined dog and to notify the owner of its whereabouts. If the owner is known by the virtue of a nametag, license or other identification on the dog, such owner shall be notified forthwith by the person taking the dog into custody. (b) A dog confined, pursuant to this Chapter may be claimed by the rightful owner, after displaying proof of ownership, a current dog tag and current rabies inoculation proof. No dog shall be released to any person claiming ownership, unless such tag and proof are displayed. Any owner claiming a dog impounded under this Chapter shall pay to the person in chazge of the animal shelter a fee in an amount equal to the actual expenses incurred in keeping the dog impounded. Such fee shall be in addition to any penalty imposed for the violation of this article and shall be paid prior to release of the dog from the shelter. The person collecting such fee shall P60 furnish the owner of the dog with a written receipt, in a form and manner approved by the County Administrator, and shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the County Treasurer when the book is filled and shall be subject to audit by representatives of the Board of Supervisors whenever requested. All such fees shall be disposed of in the same manner as dog license taxes. (c) Dogs impounded under this Chapter may be disposed of after a waiting period of seven (7) days from the time notice was given to the owner or, if the owner cannot be located, seven (7) days after impoundment. Nothing herein shall be construed to prohibit the destruction of critically ill or critically injured dogs for humane purposes. SEC. 2-25. EVIDENCE SHOWING INOCULATION FOR RABIES PREREOUISTE TO OBTAINING DOG LICENSE. No license tag shall be issued for any dog unless there is presented, to the Treasurer or other officer of the county charged by law with the duty of issuing license tags for dogs at the time application for license is made, evidence satisfactory to him showing that such dog has been inoculated or vaccinated against rabies by a currently licensed Veterinarian or currently licensed Veterinary Technician who was under the immediate and direct supervision of a licensed Veterinarian on the premises. For authority of this section, refer to Section 3.2-6526, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC. 2-25.1. RABIES INOCULATION. OF DOGS; AVAILABILITY OF CERTIFICATE The owner or custodian of all dogs four (4) months of age and older shall have them currently vaccinated for rabies by a licensed Veterinarian or licensed Veterinary Technician who is under the immediate and direct supervision of a licensed Veterinarian on the premises. The supervising Veterinarian on the premises shall provide the owner of the dog with a certificate of vaccination. The owner of the dog shall furnish within a reasonable period of time, upon the request of an Animal Control Officer, Humane Investigator, Law-enforcement Officer, State Veterinarian's Representative, or official of the Department of Health, the certificate of vaccination for such dog. The vaccine used shall be licensed by the United States Department of Agriculture for use in that species. P61 ?z ~~ ~~ Qd E s- ira ~ ,-~ ~~; , reT ~-,t r ~ $3 ~ as ni - _ - 5k ~.,J =,- ~ P~ ~.-kr ( •qiv' Nt ~~`, ~ } fib', - Y ~ ^ +`_At!",. ~~ ~a . ~ J a y ~ ns~. ' ;; L 5.~r ' t' r"+` i ss: ~x° Yt ~ f ~ ` *~' iR '} x .. ( !!!"t.. j. 1l E ~ ce'', i _ } i~.: i ~ f ; • ~~~~~ t _ ,k `7P~ ~)i K ~~ as ~ 4 .ix ac (?,> a eft ~' '~. ~ ~..-.r-~..,~ ~ v r. ~~ y4. ~~'i 11}t1~ as a•x ` n ..,,w,~r .. !+~ ..~ a•" ~ l , r,• ~'~ <~ G j' r "' s n: ax >t^ a y i ~ / ~ i,f ~ 1 .\ f j f , ~ - :. as ll.. . S~ ~ec~ Yt ~_ t(,ti. d~ ~4 1 xf "' "... _-~.,.... z.r....~- ,~.:r`.+._.~ ~, rJ ~ f~ ti~A •ax i a ."" C .l `3~~.. --•~ ~:_....-..",~ '^....-_._.~~ ...x .......... ~•;,,, '`+.~,gl' ~. ~ ~ ,, ys ,. ~ - ae t ~`.~~ ea a ~. a 4 z ax ~~~ ~ ~ ns+ r J~,.,~ ~ f j } ~,-";.~r f `~ 1 };1 1 , r ; ~ a ~~ ~ ~,~~. ^i' - ~ f ~ti ~ _.-'c---'~~ '~r ~.: n~,..ir~+ . s"~. ~ ,`.~ __ 1 ~ ~ ~jY r y. ~\•+,~,~~~ ~~r,%'`» ~~ -. .'r~„'", if ,, 1~ '~ nx~ ~ i 'vu~ ax~'~~>~.~~,:u./ ~ ~ ~~'"-,~S"` ~F~, ~ b ~ ~ _ tr re .~„y~ 734ar ' tea..-~-_-'__..~, -' - ~ ~~ x "1 rr ~'~ ~,.~r~ ~ ~ ~.4 j ~ ~~~.~-_.. ~ ~`'' ~,{ i '.~ ~.' ~d~~~riE ~.-- •rx a : r ri i rxs axe a+ !~ p ~. ~ y ~-w: re 1 ~ ~ ~.3- 7~ r.t. 'wa T"°. is ~`~' ~~ ~ P'l'~_~~/' • -~ey~:a ~A ~,rp~ ~ i :+~»"y~~i~ `~ .-._.!{'~ ..r!:.. i ~ ~ l l-_.:.s.~ t .Y.~JJ!! 1 ' ' / _ `.~ x ~ J °'r~i-h'."~" + '`' r ~. ~' ~i3 . _ ~~,T `~ ~ ~' ~ ~ ,~.~3'z~Y4~"S•Xfi~ t"^ °-'a ~'^` j x.° ~.`•.6a1 f.~t ~ j cr . y~'~ ~~$ : ~s rxy.:~,,.-.~ »_t _m,a ru rir Rxr `k .. ,a,~r a •`~ _ ~,r.',, ' 4 ~"7+"~ _ ~ati. ti Ij',r.. ~. - (,.', ~ V .# (! SMIr t 1 y~A t ~~ 1 .t,.l ~ ~ ~_ 1 1' ~ \ s, ~\`~,~ ~.a 3 rt rF {-=~ ~'~,`UP t+~ ~ r ;; ', i+ ax a rl ~ ~~6 ' '"~s.y4ay' ~j'Rk'~ i~1, 1 +} ~t ~~ _ #r~ t • . _,: .~ ~ -s A Y sa ~~,.,,w „'~°~. a~,,..s+w y~ ~ ~- . a> ;. ~ Qs2 I PETITION FOR CONTROLLED AREA We the undersigned residents of ~nnr~/t~~an~~~A~S ~ in Pittsylvania County, Virginia hereby petition the ittsylvania County Board of Supervisors for a controlled area from o v- to V~ ~ q rl 2 e in accordance with Chapter 2, Section -22 of the Pittsylvania County Code. Petitioner Witness 1 • ~ l . SQ i „~ Print Name Print N e Sign Name Sign Name 2. - 83b-~ Address & Telephone Number s° ^ H dl I~ ~ I' Print Name Sign Name N- ~c.~.r i--- ~i ~3~~~3~-5133 Address & Telephone Number Address 4. ~~ ~ ~-E~ R O ~ 4. ~ C ~. r' t Name Print Name i N e Sign Name lC~ll M~l,~ Dl2,cVE ~~--.T V 1~Lt,~ 7 ~I ~ 2454-b ~ !~P ~T~~~~~ 1~~3~1r,P ~ Address & Telephone Number Address -to in c~u c1~, ~.n'~i r e. S'~reet-s o~ po5woo~ ~~~~ 'f3 ~~g 36 - S f 3 3 Address 2. C'.A.Ro L ~! Pmt Name Sign Name 1(o f 7 1'i1 AEG \, I~ZY~ 4 Petitioner `Ct.:. ;.: ..._ , „ ~ Address ~ "Telephone Number Address 8. ~V E~ s 8.ri c 1 Print N Print Nam Sign Name Sign Name QRr~~~~ v~. Zcc.,~~o ~~-Z /-8627 Address & Telephone Number Address J Witness P64 Address & Telephone Number Address ~ ~ - V 11. Print Name 11. S~,n,d.r~ A dk~~ Print Name Sign Name ~~ ter- ~~, - ~ ~ , d-- Address & Telephone Number Address 12. ~ ~ 12. S rC ~~'RS Print Nam Print Name ~ C~ , Sign N e Sign Name ~ ~~' / ~~ ,~ , ~ avl ~; Ilt , Vag a4 S4D H34- e~3ig~21 Address & Telephone Number Address 13. ~ IC.~IS 13, r ~ ,5 rmt Print Name Sign N e Sign Name ~ ' Gt N1A'P L~ DiZ. /7 $I ~ 3 -) S' Address & Telephone Number Address J 14. ~ C`J ~ C • ~ ~ V L b 14. s q, R. r ~ ~ P ~ Name Print Name ~~ - 17 1 ~~ Sign Name Sign Name °~ ~` 3~ .3~ o Address & Telephone Number Address P65 Petitioner Witness ,,`~ ~~~`. ~+ ice, Petitioner ~'~,J' Witness 15. ~ / / 15. ~4 ~n Print Name Print Name CJ~ Sign Name Sign Name ~~ / ~/ Address & Telephone Number ff~ Address Address ~ Telephone Number Address L~,~ ~~-~~g5~ 17. s ~~ 17. ~ 4 .~ ~ , s Print Name Print Name C ~ , Si N Sign Name \ "~`~ cJ ~ av ~ Address & elephone Number Address " t 8• Glrvl n Ci 18. S 1 Print Name o~o~~/ Print Name c Sign Name Sign Name ~ 7 1 ~ ~wrN cQ.~ , 1f o~ d ~ 1~ `f 3~ aS/ ~~ S? Address & Telephone Number Address ~~~ 19. ~ ~e~ I yl S 19. S t r1 ~• 1~ / Print Name i Print Name Sign Name Sign Name Dr a , i vim. a / 3~~- ~~s~[~ Address & Teleph ne Number Address ~ -~ ~"~!n P66 Peti ' er Witness J 20. rJS 20. S ' f {'~ Pr' Print Name ^~ Sign ame Sign Name (~ Jg~B o (?~~ m~ le.r pr a ~ , JA ~ 5 ~ ~3 ~ o)~~' Address & Telephone Number Address ~1 21. ~Q JI S 21. Sat Y7 r• /~ Print ame Print Name • ~~/ ' Sign Name Sign Name ~W~ ~~ ~ G J ~ Address & Telephone Number Address 22. ~., ~ r 0 22. S t' / ~. int Name Print Name ^G /~ Sign Name Sign Name (~, ~i ~ ~~ ~ J ~I,~ ~„- 171 )'I7~,o% ~ f ~~~~.t1-~., ~A a~sy~ f~3~ )y~5 Address & Telephone Number Address ~ ,. 23. ~O 23. S ~{, r / n rin N ~~ Print Name Sign Name Sign Name ~~ ~ t~ l~ ~. /e r ~ ~1 ~- `k Address & Telephone Number Address J 24. `~` ~ t ~ ( 24. ~ S Print N e ~ Print Name t Sign Name .~ Sign Name 3~ ~~~,~ r 7 ~~ g ~r' Address & Telephone Number Address P67 Petitioner WitrDess 25. 25. 5 Print Name Print Name Sign Name ~~Q 9~,~. ~~~`'~}~~~~i~ `a~ Sign Name '-''7 ~( y~ ~wwi/ d' ( I / Cpl /I Address & Telephone Number Address ~ ' 26. 26. ( Pint ~a~e ~ Print Name Sign Name Sign Name C d ~ ~ ~~~ ~ ~ ~ - ~~ - ~~~. Address & Telephone Number Address 27. ~ C ~ / ~ o ~/ 27. S~ ~ r Prin e ~ Print Name a~-~, Sign Na ~ ~., t,~: `~`' ~ =u s. Si Name ~3~i ~ Address & Telephone Number Address ' ~ 28. 28. 4 Print Nam r~~ Print Name Sign Name Sign Name ~~ ~,,,~.~~~ 1. ~Gt',C~- V~ , Ad-dress & Telephone Number t ~ I~~ 2y' 1~ 1 s & Telephone Number ~~ Address 29. Print Name Sign Name ~~i ns ~~ r c~ ~ S %%I !~L a~l~ ,~ i 'ei ~~ ~r Address P68 r ,, p Petitio(n~e/~r~ Pr~ a ~ Na~e a ~ ~-~ ~- (dress & Telephone 31. Print Sign Address & Telephone J Wit:~ess ~ s 30. S t ~ Print Name A ~ ~~~ Sign Name ~r1,o~ n ~ o ~ 7~ 1 ~~~-QP ~d ~ -- Address 31. S Print Name Sign Name ~~~ Address Address & Telephone Number Aaoress 33. ~ 33. Sc~ mt Nam Print Name ~n Sign N e Sign Name ~- o o ~ Address & Telephone Number Address 34. ~ f ~ L 34. ~ ~L rl (~ Print Name Print Name Si Name Sign Name ~ ~~ ~c ~_ '~,~Q~,~;,~..e ~~ . i ~y- ?a,~a Address & Telephone Number Address P69 Petitioner Witrsess 35. ~ ~ 0 35. S0. a ~ Print Na a Print Name d~~ Sign Name Sign Name ~~~ i Address & Telephone umber Address 36. Lt/'~l~~q~c ~/1~G~6ti 36. S 4 ~~ ~t ns Print N~~~/ Print e J Sign Name Sign Name SigtYName ~ (sl ~ 0 ~-GCJ o 0 7~ ~.. ~ ~~~~~~ ~~, ~~~~J~` Address & Telephone Number ~ '~~' k'j~ ~ ~~~ t, S~,n~~4 8. ~ / J ~ ,; r Print ame . ~ ~~u I~c6~ Si Name Address .~ t(~.% \~ '~0- ti, ,~~~ ~~ ~$ ~~ ~, ~~~~ r: Address & Telephone Number 39. ~11~/ ~~ Print me Sign N me Address 37. Sq .'` Ot'P g 1'"C. ~ l.C~ l~l S Print Nat C'r ~ ~ , Sign Name ~~ Address & Telephone Number - wI~ P70 Sign Name Address `~ Petitioner Witness 40 ~/ ~ 40. j 'nt Nam Pint Name S' Name Sign Name r Address & Telephone Number Address 41. ~ 41. Sq-~ ~r`r lens d~ Print N Print e Sign Name Sign Name Address & Telephone Number Address J42. Sign Name 1 ~5~~ ~I/t-~ ~ .~ ~jgsiv : ~LG, ~w ~fF6"~+~d Address & Telephone Number J 43. ~d 0 ~d ~_ /~.~le t P ' t Name Sign Name ~~Sg ~ ~ . a~.2~r.L~. .(/a ~ ysy0 Address & Te ephone Number ~Y3y~ ~ 3 s-o3S ~ 44. ~c..t, (y ~ '`1 ~ `L Print ~~~ Sign Name ~? l G ~ .~~ G~ ~~ v~ - 0~, x.11 ~ V~ ~~ ~ yv Address & Telephone Number y~ `~ ' Z ~~`~~~ ~ 42. J Q C Print ame Sign Name Address 43. 'N ~ Pr D Sign Name Address 44. Cl9'leo L l.~ LI "f"~h rint Name Sign Name 4 )'~ ~hl~.n DD. ~!-Q~ . Address ~~ D P71 / ~ Petitioner Print N e Sign Name 3~ ~~ W~~ .D~,~v ~~~~,1~ Address & Telephone Number '`~ 46. ir, rint Name Sign Name 11~y Address & lee phone Number 47.~~(~ ~~S1~Y P mt Nama en Name Witness 45. 50. ~C~ ~t~S Print Name Q ~ G Sign NamenY Address 46. S~ h c~T ct ttG~~l1 5 Print Name I ~ ~' ~ ~'l~P ~r Sign Name Address _ ~.J 47. S~ h ~ li ~ /( ~-1 G~ Print Name I ~~ ~ n„ „~ Q r Sign Name 49. 49. . _. Print Name Print Name .. Sign Name Sign Name Address & Telephone Number Address - -- -__.~. ._ .. __ -.r. P72 Address & Telephone Number - Address PI'I'TSYLVANIA C®UNTY Board of Supervisors EXECUTIVE SUIVIIVIAI2Y AGENDA TITLE: AGENDA DATE: 04-17-2012 ITEM NUMBER: 7 Public Hearing -Amendments to Chapter 12, Solicitors and Peddlers SUBJECT/PROPOSAL/REQUEST: ACTION: Yes CONSENT AGENDA: ACTION: Public Hearing STAFF CONTACT(S): Mr. Sleeper ATTACIIMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Legislative Committee of the Board of Supervisors met and reviewed with the Sheriff's Department the need to change Chapter 12, of the Pittsylvania County Code under Section 9, in order to establish a permitting process for solicitors that go door-to-door in Pittsylvania County. DISCUSSION: Attached hereto is a copy of the proposed changes for Chapter 12 of the Pittsylvania County Code under Section 9, Solicitors and Peddlers. It redefines what a solicitor and peddler is and it establishes penalties for those who fail to comply with the requirements of the code; it also requires registration with the Sheriffs Department. And in addition, it does require a bond requirement for those who receive money in advance for the delivery of their merchandise or materials. RECOMMENDATION: Staff submits this for a Public Hearing of the Board of Supervisors and recommends the Board approve it and adopt it effective immediately. Requires a Roll Call Vote. P73 I O ~ N ~ ~ C~ T/~~ V1 ~ N O ~ N r~ p'i . i.iy F ~. ~ TT~^ vl ~ N C N .rl~ VJ N ~ .OC O y N~ ~N dj C rN+'ci" y O N W Nt.~Uv~ m ~ ° o.N .~~U d ~~ Rv W }}~~~ ~~ aai V ~ •c ~ ~ ~ ~ p m ~ O t ~' fn Z O >: W~ c L~ N 8~~ ~ O QQO 6 /6 m tO ~ ~ N C ~ C.~ ^ ~ y ~ Crn CZ_ y .~y9 ~ m ~ C ~/ ~ 7 C G' ~ ~ ~F C E l0 C ~L- Z °~ ya ~ m•m1O ~ ~ ~coE gaid`$~m~a~o o E~ fi m~ m 5 n c o~ m W ~ o U U c~ aci ,c E E Z ~i 3 ~orn,~i ~ ~ •O ~ o°cNt m m rn~ ¢ ~~ c ~ ~ ~ ~ ~ ~~~v mm,i° c~^no W > y d m `O N 'O '> O~ E a p> ^ L N G O.~ N O N Q O In O1 I.i 4. .n m ~ O .d-. N ~ ~ ~ ~' ~ C d N Q_" O 2 L '~ m C 1C... C C U m ~ U ~ U~ v n o U rn E p N? 0 'O ~ C 0~ m ~ l6 N LJ.1 to m N O m m c may N ;C '~ U~ d K O V ~^~ ~ ca A~~i $ m°wa _ F~ m f" ~ c c g Cg ~~ c~ p X 0 3 Z m T W O C L~ pp U U~p~ m L~ D_ R ~ O N c 0 C m V ~ L~ry3 o c c mbN c m Z o~'~y-ate m- ~~ _ ~~ ~ c ~ o of ~ o ~ ~ ~ ~ c a m a w m E ~i 10 ~ d c ° is c W ~ oo U U c~ m c E E?~ 3 v ~ . m rn0 ~ m ro ~ ~ ~ ~ ~° ° E m N L yc ~ G~ C ~ ~ ~~ C ~ O a m $~, La o~n ~ a ~° m ~t ° ~ A " n~'~ v a m a ~~ 5 m _m @ R m o c c FL-- m c 0 ~~~ v n `o o 'rn E P74 cxA~TEx i 2 SECTION 9 SOI.,ICITOItS AND I'EDDI.ERS Sec. 12-9.1. Definitions. Sec. 12-9.2. Certificate of Registration Required. Sec. 12-9.3. Permit-Application Generally. Sec. 12-9.4. Standards for Granting of Certificate of Registration; issuance or denial of same. Sec. 12-9.5. Applicant's Photograph, Identification, References, and Fingerprints. Sec. 12-9.6. Applicant's Bond. Sec. 12-9.7. Misrepresentation in Application. Sec. 12-9.8. Application Fee. Sec. 12-9.9. Application Term. Sec. 12-9.10. Permit as Solicitation Identification Card. Sec. 12-9.11. Exhibition or Use of Another Person's Permit or Altered Permit. Sec. 12-9.12. Permit Denial; Application for Relief. Sec. 12-9.13. Supervision of Permittee; Revocation of Permit. Sec. 12-9.14. Penalty. Sec. 12-9.15. Severability. Sec. 12-9.1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Canvasser or solicitor. Any individual, whether a resident of the County or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance from house-to-house, or from street-to-street, taking or attempting to take orders for sales of goods, wares, or merchandise, subscriptions, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future whether such individual has, carries, or exposes for sale, a sample of such sale or whether he/she is collecting advance payments on such sales This definition shall include any person who, for himself/herself or for any other person, corporation or organization, hires, leases, uses, or occupies any building, structure, lodging house, apartment, shop, or any other place within the County for the sole purpose of exhibiting samples and taking orders for future delivery. House. Any single or multifamily private dwelling. Peddler. Any person, whether a County resident or not, traveling by foot, wagon, automotive vehicle, motor truck, or any other type of conveyance, from house-to-house, or from street-to- street, carrying, conveying, or transporting goods, wares, and merchandise, offering and exposing the same for sale, or making sales or delivering articles to purchasers, or who, by traveling from house-to-house, shall sell or offer the same for sale from a wagon, automotive vehicle, motor truck, railroad car, or other vehicle or conveyance; provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of the scheme or 1 P75 design to evade the provisions of this chapter, shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall also include the words "hawker" and "huckster." Peddler, solicitor, or canvasser. The terms "peddler," "solicitor," or "canvasser" shall not be construed to include the following: (1) Farmers or traveling gardeners selling, offering for sale, or soliciting orders for any products grown, raised, or produced by them. (2) Vendors of milk, butter, eggs, poultry, fish, oysters, game, meat, ice, wood, charcoal, or other family supplies of a perishable nature. (3) Persons peddling, soliciting, or canvassing, where the proceeds derived therefrom are to be used for charitable purposes on behalf of a nonprofit charitable, civic, or religious organization, who have means of official identification provided by such organization. (4) Persons peddling, soliciting, or canvassing, or on behalf of qualified and filed candidate(s) for public office, a political party, or referendum. (5) Salesmen or agents for wholesale houses or firms who solicit orders from or sell to retail dealers in the County for resale or other commercial purposes, or to manufacturers for manufacturing or other commercial purposes. (6) Children of or under seventeen (17) years of age, except when they are acting as agents of adults covered by this article. (7) Newspaper delivery men/women on a regular route. (8) Route deliverymen/deliverywomen who make regular deliveries to regular customers and whose solicitation is only incidental to their regular deliveries. (9) Persons licensed under the provisions of Title 38.2, Code of Virginia, 1950, as amended. (10) Persons who visit residential premises at the request or invitation of the owner or occupant thereof. Sec. 12-9.2. Certificate of Registration Required. It shall be unlawful for any solicitor, canvasser, or peddler, as defined in section 12-9.1, to engage in such activity within the meaning and application of this chapter within the County limits without first obtaining and possessing a valid registration certificate therefor in compliance with the provisions of this chapter. Sec. 12-9.3. Permit-Application Generally. (a) An application for a permit required by this chapter shall be made to the Sheriff for the County of Pittsylvania, Virginia ("Sheriff '), or his/her designee. Such application shall be sworn to and filed with the Sheriff, or his/her designee, at least fifteen (15) days prior to the time at which the permit applied for shall become effective. The application shall contain the following information, or in lieu thereof, a detailed statement of the reasons why such information cannot be furnished: (1) The name, address, or headquarters of the person applying for the permit. (2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, P76 certified to as a true and correct copy of the original by the office having charge of the applicant's records. (3) The make, model, vehicle identification number, and license plate of any vehicle used in conducting the solicitation. (4) The kinds of goods, wares, or merchandise offered for sale, and whether such applicant, upon any such order obtained, will demand, accept, or receive payment or deposit of money in advance of final delivery. (5) The period of time the applicant wishes to solicit to take orders in the County, giving the preferred dates for the beginning and ending of such solicitation. (6) The names and addresses of the person(s) who will be in direct charge of conducting the solicitation, and the names of all promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation. (7) An outline of the method or methods to be used in conducting the solicitation. (8) A statement to the effect that, if a permit is granted, it will not be used or represented in any way as an endorsement by the County, or by any department or officer thereof. (9) A statement as to whether the applicant, or all promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation has ever been convicted of a felony or a misdemeanor involving moral turpitude and, if so, under what circumstances. (10) Such other information as maybe reasonably required by the Sheriff, or his/her designee, in order to determine the kind and character of the proposed solicitation, and whether such solicitation is in the interest of and not inimical to the public welfare. (b) If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the administrator in writing thereof within twenty-four (24) hours after such change. Sec. 12-9.4. Standards for Granting Certificate of Registration; Issuance or Denial of Same. (a) A certificate of registration shall be granted unless the Sheriff, or his/her designee, finds: (1) That the criminal record of the applicant, or any promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation, shows that he/she/they has been convicted (including pleas of polo contendere and forfeitures) of a crime involving moral turpitude or of a felony. (2) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation has been convicted (including pleas of polo contendere and forfeitures) of more than one (1) misdemeanor, excluding motor vehicle code violations. (3) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation has made a false, fraudulent, or misleading material statement in his/her/their application. (4) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation, has been convicted (including pleas of polo 3 P77 contendere and forfeitures) of a violation of the laws of any jurisdiction relating to selling, vending, soliciting, peddling, hawking, or canvassing. (5) That the applicant, or any promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation, has been convicted of a crime involving a fraud upon any person, whether or not such fraud was perpetrated in the course of his/her/their conducting a solicitation activity. (b) The Sheriff, or his/her designee, shall file in his/her office, for public inspection, and shall serve upon the applicant, by registered mail, a written statement of facts and his/her decision upon each application. Sec. 12-9.5. Applicant's Photograph, Identification, References, and Fingerprints. (a) All applications for a permit under this chapter shall be accompanied by a photograph of the applicant, and any and all other promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation, two (2) forms of official U.S. government identifications for each of the aforementioned persons, and two (2) written references as to his, her, or their, good character; all photographs of the aforementioned persons shall be attached to the application. (b) All applicants, or any promoters, peddlers, solicitors, or canvassers connected, or to be connected, with the proposed solicitation, for a permit under this chapter shall be fingerprinted by the Pittsylvania County Sheriff's Office, which department shall send the prints to the Federal Bureau of Investigation for checking. Sec. 12-9.6. Applicant's Bond. If the application filed pursuant to this chapter shows that the applicant filing the same will receive, demand, or accept the payment or deposit of money in advance of final delivery of goods, wares, merchandise, magazines, photographs, or other articles, such application shall be accompanied by a bond in the penal sum of one thousand five hundred dollars x$1,500:00), or by a certified check in the same amount. Such bond shall be executed by the applicant as principal, and a surety company licensed to do business as such in the state, and shall be approved as to form by the County Attorney. Such bond shall be conditioned upon making final delivery of such goods, wares, merchandise, magazines, photographs, or other articles in accordance with the terms of any order(s) obtained. Such bonds shall be for the use and benefit of all persons who pay in advance or make an advance deposit on the purchase price of such order(s), and the terms of such bond shall so stipulate; any such bond or check shall be held to a period not to exceed sixty (60) days after final delivery of all such goods, wares, merchandise, photographs, or other articles. Sec. 12-9.7. Misrepresentation in Application. No person shall make any false or misleading statement or misrepresentation in any application filed under this chapter. Violations of this provision shall be a Class 1 misdemeanor punishable in accordance with section 18-14 of this chapter. 4 P78 Sec. 12-9.8. Fee. The fee for a permit required by this chapter shall be twenty dollars ($20.00), which shall be paid at the time the permit application is filed. Such fee is nonrefundable. Sec. 12-9.9. Term. No permit granted under this chapter shall be issued for a longer period than ninety (90) days. Sec. 12-9.10. Permit as Solicitation Identification Card. In the event a permit is obtained under this chapter, such permit shall constitute an identification card, and shall be carried and prominently displayed on the outermost layer of clothing by all person(s) obtaining such permit at all times while engaged in soliciting or taking orders pursuant thereto. It shall be the duty of the permittee to have sufficient copies of the permit made in order to provide one (1) to each employee soliciting under the permit and each employee shall carry such copy while soliciting. It shall be the duty of each person soliciting pursuant to such permit to exhibit the same when requested by any County resident, law enforcement officer, or prospective customer. Sec. 12-9.11. Exhibition or Use of Another Person's Permit or Altered Permit. No person shall exhibit or use any permit that has been issued to another person under this chapter. This prohibition does not apply to an employee using or exhibiting a copy of such a permit pursuant to section 12-9.12. Nor shall any person exhibit or use a permit issued under this chapter that has been altered. Sec. 12-9.12. Permit Denial; Application for Relief.. (a) Upon denying a permit applied for under this chapter, the Sheriff, or his/her designee, shall promptly notify the permit applicant. (b) Within five (5) days after receiving notification that the application for a permit to solicit under this chapter has been denied, the applicant may file a written request for a hearing on the application before the Board of Supervisors of the County of Pittsylvania, Virginia (the "Board of Supervisors"), together with written exceptions to the findings of fact upon which the Sheriff, or his/her designee, based the denial. Upon the filing of such a request, the Board of Supervisors shall fix a time and place for the hearing and shall notify the applicant thereof. The hearing shall be held within thirty (30) days after the request is filed. At the hearing, the applicant may present evidence in support of the application. Any interested person may, in the discretion of the Board of Supervisors, be allowed to participate in the hearing and present evidence in opposition to or support of the application. (c) Within twenty-one (21) days after the conclusion of the hearing provided for in subsection (b), the Board of Supervisors shall either grant or deny the application for a permit. 5 P79 Sec. 12-9.13. Supervision of Permittee; Revocation of Permit. Whenever it shall be shown, or whenever the Sheriff, or his/her designee, has knowledge, that any person to whom a permit has been issued under this article has engaged in any fraudulent practice or misrepresentation, has violated any of the provisions of this chapter, or that any person, employee or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Sheriff, or his/her designee, shall immediately suspend the permit and give the permit holder written notice, by registered or certified mail, of a hearing to be held within five (5} working days of such suspension to determine whether the permit should be revoked. The notice shall contain a statement of the facts upon which the Sheriff, or his/her designee, based the suspension of the permit, and any other facts which may aid the Sheriff, or his/her designee, in determining whether this chapter has been violated and whether the purpose of the solicitation has been misrepresented. If, after such hearing, the Sheriff, or his/her designee, finds that this chapter has been violated, or the purpose of the. solicitation misrepresented, he/she shall, within five (5) days after the hearing, file in his/her office for public inspection and serve upon the permit holder and all interested persons participating in the hearing, a full written statement of the facts upon which he/she based such finding and shall immediately revoke the permit, and refer the.: matter ~to the Pittsylvania Commonwealth's Attorney's Office for it to determination as to whether or not to- proceed with criminal prosecution for violation of the terms of this Ordinance or any and all other pertinent laws of the Commonwealth of Virginia. If, after such hearing, the Sheriff, or his/her designee, finds the chapter has not been violated, the Sheriff, or his/her designee, shall, within two (2) days after the hearing, give to the permit holder a written statement canceling the permit suspension and stating that no violation or misrepresentation was found. Sec. 12-9.14. Penalty. Any person who shall violate any of the provisions of this chapter shall be guilty of a Class 1 misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine up to two thousand five hundred dollars ($2,500.00) or undergo imprisonment for not more than twelve (12) months, or both. Sec. 12-9.15. Severability. If any provision of this chapter, or the application of such provision to any person or under any circumstances shall be invalid, the remainder of this chapter, or the application of such provisions to persons or under circumstances, other than those 6 P80 UNFiI~dI~hIED BiJSIl~TESS P81 ~~~~sY~VA~~A c~u~~Y hoard of Supervisors EXECiJTIVE SLTMIVIAItY AGENDA TITLE: AGENDA DATE: 4-17-12 ITEM NUMBER: 8 Expenditure Refunds-Motion made by Mr. Harville, seconded by Mr. Snead and has now met the 10-day layover requirement. ROLL CALL VOTE REQUIRED. SUBJECT/PROPOSAL/REOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): Sleeper, VanDerHvde ACTION: Yes CONSENT AGENDA: ACTION: INFORMATION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: (~~ BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of March, 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: $60.00 to Sheriff-Parts (100-4-031200-6030), $65.00 to Sheriff-Wrecker Service (1 00-4-03 1 200-3 1 70), $146.52 to J&D Court-Copier Lease (100-4- 021500-6005), $130.50 to Jail-Capital Outlay-Vehicle (100-4-033100-8105), $5.00 to Animal Control- Donations (100-4-035100-5883), $1,725.00 to Library-Bldg. Maint. Supplies (100-4-073100-6007), $8,595.58 to Library-Computer Supplies (100-4-073100-6021), $12,883.06 to WIA-Rent (251-4-353160- 5420), $170.00 to Industrial Development (325-4-081500-8223). MOTION MADE BY MR. HARVILLE, SECONDED BY MR. SNEAD AND HAS NOW MET THE 10-DAY LAYOVER REQUIREMENT. ROLL CALL VOTE REQUIRED. P82 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 4-02-12 ITEM NUMBER: 14 Expenditure Refunds-Requires a motion and a 10-day ACTION: layover Yes SUBJECT/PROPOSAL/REOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): Sleeper. VanDerHvde CONSENT AGENDA: ACTION: ATTACIiMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACI{GROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of March, 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: $60.00 to Sheriff-Parts (100-4-031200-6030), $65.00 to Sheriff-Wrecker Service (100-4-031200-3170), $146.52 to J&D Court-Copier Lease (100-4- 021500-6005), $130.50 to Jail-Capital Outlay-Vehicle (100-4-033100-8105), $5.00 to Animal Control- Donations (100-4-035100-5883), $1,725.00 to Library-Bldg. Maint. Supplies (100-4-073100-6007), $8,595.58 to Library-Computer Supplies (100-4-073100-6021), $12,883.06 to WIA-Rent (251-4-353160- 5420), $170.00 to Industrial Development (325-4-081500-8223). THIS ITEM REQUIRES A MOTION AND A 10-DAY LAYOVER. P83 PITT~YI,VANIA C®UNTY Finance Department P.O. Sox 426 Chatham, Virginia 24531 VIRGINIA ~~ * ~ *~ ~ *~°*~ ,, ns~ L / MEMO TO: William D. Sleeper, County Administrator FROM: Kim Van Der Hyde Finance Director SUBJECT: March Expenditure Refunds DATE: March 29, 2012 Phone (434) 432-7740 Fax (434) 432-?746 Gretna/Hurt (434) 656-6211 Bachelors Hall/Whitmell (434) 797-9550 The list below shows all expenditure refunds that were sent to the Finance Department during the month of March. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4-031200-6030 Sheriff-Parts 60.00 Insurance Reimbursement/Restitution 100-4-031200-3170 Sheriff-Wrecker Service 65.00 Reimbursement 100-4-021500-6005 J&D Court-Copier Lease 146.52 Copier Term Ended 100-4-033100-8105 Jail-CapitalOutlay-Vehicle 130.50 Cage Recycling 100-4-035100-5883 Animal Control-Donations 5.00 Donation 100-4-073100-6007 Library-Bldg. Maint Supplies 1,725.00 DCC's share of the cost of replacing A/C unit at the Crretna Library (100-3-000000-190103) 100-4-073100-6021 Library-Computer Supplies 8,595.58 Computer purchase reimbursement by Virginia Commonwealth University 251-4-353160-5420 WIA-Rent 12,883.06 Appropriation of Rent Income 251-3-000000-150201 P84 325-4-081500-8223 Industrial Development Prospects 170.00 Reimbursement by RIFA TOTAL MARCH EXPENDITURE~REFUNDS $23,780.66 P85 PIT'I'S~'I.VANIA C®~JN'I'Y Board of Supervisors EXECIJ'I'IVE SUMIVIARY AGENDA TITLE: AGENDA DATE: 4-17-12 ITEM NUMBER: 9 Tri-County Relincensing Committee Appropriation- Motion made by Mr. Barksdale, seconded by Mr. ACTION: Hagerman and has now met the 10-day layover Yes requirement. ROLL CALL VOTE REQUIRED. SUBJECT/PROPOSAL/REQUEST: Approval by the Board of Supervisors to appropriate an additional $10,000 for the Tri-County Relincensing Committee STAFF CONTACT(S): Sleeper, Van Der Hyde CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Tri-County Relicensing Committee (TCRC) is made up of four counties: Bedford, Franklin, Pittsylvania and Campbell. This committee exists to protect the water quality and water levels when Appalachian Power applies for relicensing. DISCUSSION: A total of $10,000 was budgeted for the TCRC in 2007 for the operation of the committee. Each year, funds aze carried over to support this function. This fund has currently exhausted all but $597.50 of this original 2007 appropriation. We have received a new invoice for the operation of this committee in the amount of $3,031.84. RECOMMENDATION: Staff recommends that the Board of Supervisors approve an appropriation of $10,000 for the TCRC (line item 310-4-094150-818117. These funds will be carried over to the FY 2013 budget. MOTION MADE BY MR. BARKSDALE, SECONDED BY MR. HAGERMAN AND HAS NOW MET THE 10-DAY LAYOVER REQUIREMENT. ROLL CALL VOTE REQUIRED. P86 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE• AGENDA DATE: 4-02-12 ITEM NUMBER: 4(a) Tri-County Relicensing Committee Appropriation- This item requires a motion and a 10-day layover ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Approval by the Board of Supervisors to appropriate an additional $10,000 for the Tri-County Relicensing Committee CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(Sl: Sleeper, Van Der Hyde ATTACHMENTS: No BACKGROUND: The Tri-County Relicensing Committee (TCRC) is made up of four counties: Bedford, Franklin, Pittsylvania and Campbell. This committee exists to protect the water quality and water levels when Appalachian Power applies for relicensing. DISCUSSION: A total of $10,000 was budgeted for the TCRC in 2007 for the operation of the committee. Each year, funds are carried over to support this function. This fund has currently exhausted all but $597.50 of this original 2007 appropriation. We have received a new invoice for the operation of this committee in the amount of $3,031.84. RECOMMENDATION: Staff recommends that the Board of Supervisors approve an appropriation of $10,000 for the TCRC (line item 310-4-094150-818117. These funds will be carried over to the FY 2013 budget. THIS ITEM REQUIRES A MOTION AND A 10-DAY LAYOVER. P87 P88 PITTSYI.VANIA C®LTNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Presentation by Stephanie Ferrugia from Get Fit Dan 04-17-2012 River Region and Resolution of Support SUBJECT/PROPOSAL/REQUEST: ACTION: Yes Resolution #2012-04-04, Screen Free Week - Apri120, CONSENT AGENDA: 2012 thru May 6, 2012 ACTION: STAFF CONTACT(S): I ATTACHMENTS: William D. Sleeper Yes ITEM NUMBER: 10 INFORMATION: INFORMATION: REVIEWED BY: ~~ BACKGROUND: DISCUSSION: Ms. Stephanie Ferrugia from "Get Fit Dan River Region" will give a brief presentation on the Screen Free Week to be held Apri130-May 6, 2012 that is a partnership effort between "Get Fit Dan River Region" and the Virginia Foundation for Healthy Youth. Pittsylvania County is asked to adopt the attached resolution, #2012-04-04, supporting Screen Free Week in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors to adopt Resolution #2012-04-04, supporting Screen Free Week, and forward a copy to all local media. P89 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-04 VIRGINIA: At a adjourned meeting of the Pittsylvania County Board of Supervisors on Tuesday, April 17, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition the following resolution was presented and adopted: WHEREAS, youth 8 to 18 years of age spend an average of 7.5 hours a day viewing entertainment media on a variety of devices, including televisions, computers, video game consoles and cell phones; and WHEREAS, "screen time" is a contributing factor to childhood obesity because it decreases the time children spend in physical activities; leads to increased caloric intake through snacking and eating meals in front of the TV; and influences children to make unhealthy food choices through exposure to food advertisements; and WHEREAS, Screen Free Week is an annual celebration encouraging schools, families and communities to turn off screens and explore other ways to spend free time together; and WHEREAS, Get Fit Dan River Region is partnering with the Virginia Foundation For Healthy Youth to engage local, regional and state partners to promote 2012 Screen Free Week; and WHEREAS, the Virginia Foundation for Healthy Youth is charged by the Virginia General Assembly with reducing and preventing childhood obesity across the Commonwealth. In addition, Get Fit is charged by the Danville Regional Foundation with reducing obesity among all residents within the Dan River Region; and WHEREAS, during Screen Free Week, schools, childcare centers, faith-based organizations, afterschool centers and other partners will promote alternatives to screen time for children and families such as instant recess activities and community events encouraging families to spend time together away from the screen; then NOW, THEREFORE be it resolved, that the Pittsylvania County Board of Supervisors does hereby recognize April 30-May 6, 2012, as SCREEN FREE WEEK in Pittsylvania County and I call this observance to the attention of all our citizens; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to all local media sources. Given under my hand this 17th day of April, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P90 PITTSYI,VANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: Paulette Dean -Danville Area Humane Society 04-17-2012 SUBJECT/PROPOSAI,/REOUEST: ACTION: Updates on The Danville Area Humane Society and the No E. Stuart James Grant Adoption Center STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: ITEM NUMBER: 11 INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: Ms. Paulette Dean, Executive Director for the Danville Area Humane Society (DAHS), will appear before the Board of Supervisors to give updates on both the DAHS and the E. Stuart James Grant Adoption Center. RECOMMENDATION: Staff submits this to the Board of Supervisors for their consideration. P91 PITTSYLVAIVIA COUNTY Board of Supervisors EXECiTTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 04-17-2012 Recommendations from Legislative Committee ACTION: Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: Proposed Changes to Pittsylvania County Code ACTION: STAFF CONTACT(S): I ATTACHMENTS: Mr. Sleeper No REVIE ITEM NUMBER: 12 INFORMATION: INFORMATION: BACKGROUND: The Legislative Committee of the Board of Supervisors will meet at S:OOpm in Conference Room #2 in the Captain Martin Building at One Center Street, Chatham, Virginia. The Legislative Committee will be discussing Three (3) Year Dog Tags, Elderly/Disabled Tax Reduction for One (1) Motor Vehicle, Political Signs on County Property and a Proposed Increase in DMV Stop Fees for the Treasurer's Office. DISCUSSION: RECOMMENDATION: Recommendations will be brought to the Board of Supervisors following the Legislative Committee meeting. P92 PI'I"I'SYLVAI~IIA C®U~1'TY hoard of Seapervisors EXECiT'I'IVE SiJ1VIlVIARX AGENDA TITLE: AGENDA DATE: 4-17-12 ITEM NUMBER: 13 J.T. Minnie Maude Grant - Requires a Roll Call Vote SUBJECT/PROPOSAI./REOUEST: ACTION: Yes INFORMATION: Appropriation of J.T. Minnie Maude Grant Funds STAFF CONTACT(S): Sleeper, Van Der Hvde CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: DISCUSSION: Mark Moore, Pittsylvania County Recreation Director, recently received notification of a grant awarded by the J.T. Minnie Maude Charitable Trust in the amount of $15,000 for the Recreation Department. This grant is to be used towards "the youth sports fields." This grant does not require a local match. RECOMMENDATION: Staff recommends that the Board of Supervisors approve an appropriation of $15,000 for J.T. Minnie Maude Grant. THIS MOTION REQUIRES A ROLL CALL VOTE. P93 App# 3540 March 23, 2012 a z ti, Mark Moore ~I`.,~ Pittsylvania County Parks & Recrea~BW ng the means to succeed PO Box 426 Chatham, VA 24531 Dear Mr. Moore: We are pleased to inform you that the Trustees of the J.T. -Minnie Maude Charitable Trust have reviewed your recent grant request and have made an award to your organization in the amount of $15,000.00. It is the intention of the Trustees that this grant be used towards "the youth sports fields". Enclosed you will find a Grant Agreement formalizing our grant relationship. This Grant Agreement explains the responsibilities and expectations of both parties. In order to acknowledge receipt of this agreement, accept its conditions, and be eligible to receive payment of grant funds, PLEASE RETURN TWO SIGNED COPIES TO THE TRUST. A countersigned copy of the Agreement will be returned with the check payment for your organization's records. Once the Grant Agreement is received in our office, the grant monies will be dispersed according to the following schedule: $15,000.00 --around May 15, 2012 As the Grant Agreement indicates, the Trust requests that the enclosed Post-Grant Report be completed and returned within one year following the receipt of grant funds. Supporting documentation for expenditures should be included with the report. On behalf of the Board of Trustees, the office staff and the late James T. Emerson, whose generosity makes all our awards possible, please know that we are proud to support the important work you are doing to benefit the residents of Danville/Pittsylvania County, Virginia. We wish you much success in your efforts as you undertake the responsibilities ofthis grant. Sincerely, Fre K. Webb, Jr. Executive Director Enclosures 223 Riverview Drive, Suite G • Danville, VA 24541 •434-797-3330 • Fax 434-797-3343 www jtmm.org P94 GRAflI T AC~EEAl1 EIV T App# 3,54® Ser# 2260 The grant to Pittsylvania County Parks & Recreation from the J.T. -Minnie Maude Charitable Trust is for the purpose(s) described below and is subject to your organization's acceptance of the terms and conditions herein. To acknowledge this agreement, to accept its conditions, and to be eligible to receive payment of the grant funds, PLEASE RETURN TWO SIGNED COPIES TO THE TRUST. A countersigned copy will be returned to you for your organization's records. GRANTEE: Amount of Grant: $15,000.00 Grant Request Date: 2/1/2012 Grant Purpose: the youth sports fields Payment Schedule: $15,000.00 --around May 15, 2012 Grantee further agrees: 1. The grant monies must be spent within one year of award, for the grant purposes stated within this grant agreement and must be for the benefit of the residents of Danville/Pittsylvania County, Virginia. 2. The Trust requires documentation of three (3) bids for every construction/renovation project and copies of permits where required by local jurisdictions. 3. To repay to Grantor any portion of the grant funds not used within one year or which were not used for the purpose(s) stated above. 4. To submit to Grantor a "Post-Grant Report", with supporting documentation such as purchase receipts, paid invoices, deposit slips, cancelled checks, etc., within one year following the receipt of grant funds awarded under this agreement, concerning the matter in which said funds were spent and the progress made in accomplishing the purpose(s) herein. 5. To keep adequate records of expenditures to enable such records to be readily reviewed. 6. To keep records of such expenditures, as well as copies of any and all reports submitted to Grantor, for at least four years following the completion of the expenditure of grant funds. 7. To notify Grantor if any changes occur which could lead to a change in the Grantee's tax exempt status or public charity classification and to repay to Grantor any unspent grant funds if the Grantee's tax exempt status is revoked or it ceases to be a public charity. 8. To notify Grantor if any changes occur in the program or project for which funding is given, as specifically set out in the purposes and conditions of this grant agreement. P95 9. To fully cooperate with a representative of Grantor in evaluation of the effective use of the funds awarded. 10. To use no portion of the grant funds to: 1) influence the outcome of any specific public election, or to carry on directly or indirectly any voter registration drive; 2) carryon propaganda otherwise to attempt to influence legislation (within the meaning of the IRC Section 4945 (d)(1); or 3) undertake any activity for any purpose other than a charitable, educational, etc. purpose described in IRC Section 170 (c)(2)(B). 11. To repay to Grantor upon demand the full amount of the grant funds if there is a failure to comply with any provision of this Grant Agreement. 12. Grantee understands that renewal of this grant is not automatic. 13. The Grantee may acknowledge the Trust's support of this project in any or all announcements and written materials. Please list any such acknowledgements as the "J.T. -Minnie Maude Charitable Trust." Grantor: J.T. -Minnie Maude Charitable Trust By (Fred K. Webb Jr., Executive Director) Date: The terms and conditions of this Grant Agreement have been read, are understood and are accepted, and it is confirmed that there has been no change in the tax exempt status and public charity classification of Grantee. Grantee: Name of organization: Pittsylvania County Parks & Recreation By (signature of Officer or Trustee): Printed Name: Title Date: P96 PITTSYLVAI~IIA C®~11~'TY hoard o~ ~upervesors EXECiJTIVE SiJNIIVIARY AGENDA TITLE: AGENDA DATE: 4-17-12 ITEM NUMBER: 14 Animal Friendly Plate Revenue Fund Appropriation- Requires aRoll Call Vote ACTION: Yes SUBJECT/PROPOSAL/REQUEST: Appropriation of funds received for the Animal Friendly Plate Revenue Fund STAFF CONTACT(S): Sleeper. VanDerl~Ivde INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: ~~ BACKGROUND: The Board of Supervisors approved to use proceeds from the sale of animal friendly plates to reimburse Pittsylvania County citizens $25 per animal for having their animals spayed or neutered. DISCUSSION: A total of $1,253.46 needs to be appropriated to the Veterinary Expense Fund. These funds have been received by the County from the Commonwealth of Virginia for the sale of animal friendly plates. Of this amount, $209.56 will be returned to the General Fund to cover the funds that were transferred to cover the overage experienced in this fund in December 2011. RECOMMENDATION: Staff recommends that the Board of Supervisors approve and appropriate $1,253.46 to the Veterinary Expense Fund (Fund 245-4-035200-5849) from the Animal Friendly Revenue received from the Commonwealth of Virginia and approve a transfer of $209.56 to the General Fund. REQUIRES A ROLL CALL VOTE. P97 PITTSYLVAl®1IA C®Ul~TY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 04-17-2012 ITEM NUMBER: 15 Annual School Budget - FY2012/2013 ACTION: No INFORMATION: SUBJECT/PROPOSAL/REQUEST: Annual Budget CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: The Board of Supervisors of Pittsylvania County had a public hearing on Tuesday, April 10, 2012 in the Education Cultural Center in Chatham, Virginia, to receive citizen input on the School Budget for the year 2012/2013. DISCUSSION: The County advertised the budget of $87,178,099 for the Pittsylvania County Schools for Fiscal Year 2012/2013. Currently, the General Assembly is reviewing to approve a budget for the Years 2012 through 2014. This is proposing to change House Bill 1301which introduced the requirements of funding for the Pittsylvania County Schools to increase the amount advertised at the April 10, 2012 by $825,945. If this is approved by April 18, 2012, there will have to be additional money amended for the Pittsylvania County local match and the Pittsylvania County Board of Supervisors will have to re-advertise the new figures in the budget because they are higher than the current budget. RECOMMENDATION: Staff recommends the Board of Supervisors set another public hearing for Monday, April 30, 2012 at 7:00 p.m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition. Please see citizen input on the revised budget as amended by the General Assembly. This will allow seven (7) days prior to the Board meeting on May 7, 2012 for the Board of Supervisors to approve a School Budget seven (7) days after the required public hearing. P98 NOTICE OF PUBLIC HEARING The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing in the Pittsylvania County School Educational and Cultural auditorium located at 39 Bank Street in Chatham, Virginia Tuesday, April 10, 2012 at 7:00 p.m. to heaz citizen input on the proposed school budget for fiscal year 2013. This budget proposes two (2) changes to the tax rate and two (2) new service fees. This budget proposes a 50¢ increase in personal property from $8.50 to $9.00 per $100 of assessed value, an increase of 4¢ on the real estate rate from 52¢ to 56¢ per $100 of assessed value, a new solid waste fee of $5.00 per month per household, a 25% increase in building permit fees, and new fire inspection fees. Separate public hearings will be held on the proposed solid waste fee, the proposed increase in building permit fees, and the proposed fire inspection fees. A summary copy of the proposed school budget is available for public examination at the County Administrator's Office, 21 North Main Street, Chatham, Virginia, Monday through Friday, 8:00 a.m. to 5:00 p.m. An electronic copy of the summary will be available on the County's website at www.pittgov.org. SCHOOL BOARD Adopted Budget 2011-2012 Proposed Budget 2012-2013 REVENUES From Sales Tax 8,678,101 9,065,767 From State Funds 44,040,696 45,781,292 From Federal Funds 10,590,369 8,372,272 From Local Funds 13,696,012 14,790,922 Cafeteria Receipts 4,899,467 4,957,312 From Other Funds 1,778,631 4,203,334 Total $ 83,683,276 S 87,170,899 EXPENDITURES Instruction 56,211,097 60,435,200 Admn./Attend & Health Svcs 3,190,947 3,296,594 Pupil Transportation 5,983,750 5,790,314 Operation & Maintenance 6,601,876 6,638,528 Non-Instructional Operations 2,805,478 2,877,459 Facilities 1,563,363 648,229 Technology 2,427,298 2,527,263 Cafeteria 4,899,467 4,957,312 Total $ 83,683,276 $ 87,170,899 P99 • ~ Cata star-Tribune News NO~')~G:IE~ C~~E' PUBLIC HEARING. a r~ h 2 ~ 2 012 ..., ,, . 9 The Bb~r~`t~~'~u~p'ervi'sors of P~'cl~var-:a' County;: Virginia', will hold a publ~'hearin , in ~~a<, ty t~p~d'~~~~~tai~t~~ona1 end; Cul'tU:ra'T: audiforum l~oc~[ted`at' 3'9~ B:ank '~~t~:eet~:i~i`-~,~~`• ,:~'ixi •iaT`~~ -: :~ . , .gam,. , . ..s;y~;A'pri~~" 10, 2412.at'7:.00 .m: to' 17eaT,:ci'~i'z~ in . ut' on ;~:~;' ~ ~o ` :i~liis'": ~'iliil' ' t: ,,r . 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' ~k._ .s;:'aa:~,i.A' '"~'f:;:`~;"1!,?;.' .; ..' ~. ,''r~ •f t~~.1 rry,l `.y Y~ .,ld,... ter..;;;>•.all; :r'f~i. ?.`fs',',~..'i" :;fi;:~:x (?~ ~{Lw,',p,x.~:. .:~. ~. ,~ X .~t" ,kPy >a°!`;`;,i. .L. L, :Y:~''~h-; I;' •.>~: ,•~'rr •. ..;+ `6. i ' y Siaw' I ?,t? firs t; ~'~ ff:,~1`,.'y,:; ~-~4; P100 Danville Register & Bee News April 1, 2012 P101 d m 3 3 G a a 3 °: S ~-O°' Do ~a -1 -~TZOvG)5 ~ ~ m ~ TTT-nT o 0 0 0 o ~ m N 3 DW o~v-~_c 0 D ~ ~~ ~~ ~c-~=mc ~ m ~ D X3333 m ~ y ~~ ~ m m c~ a, c' =1 ~~ m m N m 0 ~ Oaffla fD O~ ~I C O 30~ 7 O C ~ -nT0) TIC C C C y x C N (7 7 ..~ = N N d fA O N A d j• ~ l ~ Q a a N N y O N ~ O (D O = C a N ~ 7 ' Q J N N ~ d y 07~ ' ~i o ° o a~ ~ ~ O • ~ y ~ ~ ~ ~ ~ 3 .N o ~ ~ cn~~Q~o O ~ . d ~ A ~ Cn N a Q o~aQ~ ~ _I N O O O fR .. pp 7 '' -~ OD O (r N N O S W t0 OD O + + A W A O A OD N W O ~ O4? ~~- c ~ th to ~Oo W ~O A JOOtrO ~ + C O O a ~o O -OO ~. f0 W v f0 ~ cnorncnao ~ O W W W W ~ U1 rnw<no N (D t0 t0 ~ m ~ N + 00'O y 0 p~ ~ Cr 3 O V _ W 1 O~OACJ~tO V OCT O~+ V N _ OO~+AO +O(TODp~ N ~ + ( ~ W O V N NOOfON O V W ANA d ~ Oj C7~ OO O O Vy^- - ° ~ V O ~ y' OJD N+NO>11~W~ V ~ __ +W 000 N W ~~ ~ n ~pp ~ O SIC ~`p ODA 0 _ ~l A(TODT(O+N ~ ~!O(T~ppO dIC + N 0 'Efl V- ~ N ~ W O) W NOOOOD(O+ ~! 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N ~. ~O (Ap rt ~y O O D O W GH r' ~~~~ W~ N O N _ A N ~WO O$ O p~C N N NO6TiW fT~ V O>JN(r ~ AAODf A~O N V W CIO Nam ~p N O X00 N O .., ~. ~ + W Ndp10 W V fDN v_ ~O dD (Ji 0 V W O(O~I0~0 W O N+ (T N{p O O ~p ~ Ol 0~ ~ D ~NtONW(7iA O W Nv~~ WIC. n ~ y~ - ~ D O V W O A 07 A A (T V W (~ A N N N V C •~ o pM~ ~ ~ n (r ~ ~ ~ N r ^ + .-. + N ~ N --` W m 0 °D~' ~ v ~°i rnrn ~ ~ ~ O ~ Ny d Ey N i i~ p~ ~ OA AN O 1 y ~ c~ O p ~ J ~ ~ A W ~ O Niv ~ p p J ~ A O ~ N ~ M w O O.. -. . > m v o~in~ad°co ~ - - W~~ o ter o ~ y ~ ~ ~ w m ~ o ~ . ~ y d 1 ~p N + O N O~ •OO N ~ ~ ~ OD T W A ~~ ~1 - O 7 C \° 0 OD O V .A V W W \° \° \ \° \ \° \° 0 0 0 0 0 0 0 O \ 0 A O tD ~I Vt \° \° \° \ \° 0 0 0 0 0 ~ ~ N V f°'F` Q N ~ 0 W ~• 0 T~ rti W ~ ~A rF O 'O V I P102 P-TTSYLVAN/A COUNTY SCHOOLS SCHOOL NUTRITION PROGRAM BUDGET FOR 2012-13 RECEIPTS Lunch, Breakfast, Milk Sales $1,940,004.25 ($ 1,874,356.65 + $ 65,647.60)* A La Carte & Adult Sales $280,378.34 ($ 275,126.84 A La Carte + ($ 5,251.50 Adult)' Rebates $23,000.00 Interest Earned $666.00 Other Revenue (Catering, ect.) $25,000.00 Other Revenue (Misc.) $3,600.00 Program Reimbursement (Federal) $2,594,656.72 State Funds $90,006.00 Total Receipts $4,957,311.31 EXPENDITURES Personal Services $1,306,713.50 Employee Benefits $679,540.00 Purchased Services $337;162.50 Other Charges $54,500.00 Materials & Supplies $233,000.00 Food Products $2,326,395.31 Capital Outlay $20,000.00 Total Expenditures $4,957,311.31 'Includes $.10 increase for all meals Subject to School Board approval KDr.-Sch. Nut.-FS-Budgetl2-13 P103 PIT'I'S~'LVA~TIA C®1J1~1TY Board of Supervisors EXECUTIVE SU1VIlVIAIt~' AGENDA TITLE: Annual County Budget Resolution SUBJECT/PROI'OSAL/REQUEST: Approval of the County's Annual Budget STAFF CONTACT(S): Mr. Sleeper AGENDA DATE: 04-17-2012 ACTION: No CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 16 INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors held a required public hearing for the Pittsylvania County Annual Budget on Tuesday, April 10, 2012 in the Education Cultural Center in Chatham, Virginia, to receive citizen input on a proposed increase for personal property tax, real estate tax and increases in building permit and fire inspection fees, as well as a $5.00 per month solid waste fee. DISCUSSION: Due to changes by the General Assembly and proposed increases for the Pittsylvania County School Budget for additional money from the Commonwealth and requiring additional SOQ match from the County, the Board of Supervisors must set another public hearing to receive citizen input on an amended County Budget Resolution for 2012/2013. RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing for Monday, April 30, 2012 at 7:00 p.m. the General District Courtroom of the Edwin R. Shields Courthouse Addition. Please see input on amended annual County Budget Resolution for 2012 and 2013. in an P104 NOTICE OF PUBLIC HEARING The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing in the Pittsylvania County School Educational and Cultural auditorium located at 39 Bank Street in Chatham, Virginia Tuesday, April 10, 2012 at 7:00 p.m. to hear citizen input on the proposed 2012-2013 County Budget. This budget will not be considered for adoption until seven (7) days after the public hearing. This notice is published pursuant to Sections 15.2-2503, 15.2-2506, and 22.1-93 of the Code of Virginia, 1950, as amended. The following is a brief synopsis of the budget, which does include the school budget. This budget proposes two (2) changes to the tax rate and two (2) new service fees. This budget proposes a 50¢ increase. in personal property from $8.50 to $9.00 per $100 of assessed value, an increase of 4¢ on the real estate rate from 52¢ to 56¢ per $100 of assessed value, a new solid waste fee of $5.00 per month per household, a 25% increase in building permit fees, and new fire inspection fees. Separate public hearings will be held on the proposed solid waste fee, the proposed increase in building permit fees, and the proposed fire inspection fees. A full text is available for public viewing at the County Administrator's Office at 21 North Main Street, Chatham, Virginia, Monday -Friday, 8:00 a.m. - 5:00 p.m. An electronic copy will be available on the County's website at www.pittgov.org. GOVERNMENT 2011-2012 2012-2013 EXPENDITURES ADOPTED PROPOSED General Gov't Expense 2,900,947 3,412,087 Judicial Admin. Expense 1,445,559 1,536,586 Public Safety 13,407,527 14,336,272 Health Dept./Social Services 14,533,843 12,862,488 Public Works 2,889,652 3,024,856 Education Expense 83,691,808 87,179,680 Parks, Rec. & Cultural 1,170,464 1,383,537 Grants 5,488,920 4,672,995 Community Dev. Expense 8,377,992 11,478,891 Capital Projects 43,664,250 41,240,002 Debt Service 10,615,708 11,047,660 School Renovations - 10,000 Transfers 18,213,400 19,482,937 Misc/Non-Departmental 122,056 122,500 TOTAL $ 206,522,126 $ 211,790,491 2011-2012 2012-2013 REVENUES ADOPTED PROPOSE) Local Funds 42,531,082 47,877,120 State Funds 81,998,846 82,531,158 Federal Funds 16,652,502 16,828,125 CIP Carryover 830,450 469,502 Carryover 1,387,984 3,031,537 Bond/Loan Proceeds 42,539,000 39,200,000 School Bonds 2,368,862 2,370,112 Transfers 18,213,400 19,482,937 TOTAL $ 206,522,126 $ 211,790,491 P105 ,Ku~:, ,~;7~f>;i~~ ,~j~,:. - ' "~`~'~`E ~Y~"~'C7~LIC ~-LEA~IIVG ~~ ..:,,~. ~ ,~ :J Chatham The Board of S:uporv~~or~ of i~tt~lvana County.;: V~rgiraa~ w:l~ hold; a p~b}rc Bearing in. tl~,e=.Psttsylvanra CQ~ $ehn tt~t:onal and Gult~,ra~ a~~drton~m ;,~a~ated at 39 Bank St~ r°Tr~ u ,~t~~~t sn Chaff ~ -~'~`' Ynia;~'~~~,~r, Apnl 10, 2012 at ~~~~arn to lid e~t~~en input on ,~ 1 ~"p'.~-~~qs~d'~~~~~ ~ ,M~` ` ~ y ~1~~e~: 'his butt ~~~ric'tpt be com~~~~~Jfo~ adoption N ~~~ 3 s ~ u it '$'r ~x.-~ f Yu h. ~ + { Y 9r ~' '. ~~`t~=~K~e,tV~'~)t~~t~ :' ~ ~~° ~'~ ~`-~'ar~tng ~ '~~;~ .~~~~ i$ pt~,~;~~, ;~,,~t~t~s~tanC to: ,~ :, ~.~ r~~; Y~+ , ~~ ~ ~ ~:~ °?;~ ° ~~~~~ ~~ ~~~~ r ~~ ~,~~;~~~~,~~~~~;~ ; ~~" ~~~d arch 2, ~ '~F r .ti ~ 7' '~ 9 '~.d~.,@t' tit g~F ~'~al~ .k l~'~d.~~t' Y ,. d !, 4 ,~J~ r' y. J :~' j .3 T,j~'/~!~P,pT1E'~ \C$~l,~ y } fp ~ },~M41i ~' 4 ~~((F; n. /A/ 1 U~ . .. , • r ~ 1 A .~i ~, ~y x C~'.~'~¢\~~` ;."d ~ i ~ ~~~~ ' ri;r. ~1?Si ~~~1~. ®® ^ s< ~~ '~, ' ` ,:: ,,~ ~~~ >~ :, ~` ~, ~ _, ,.-~a~ -. =~`'Fr~day; hwe~sYt~'~~f r;.. ~~ ~,~J~ ,~,5 ~0 A ti `:,ir. ,~,-:. Tpt I '.1 1 ~;. ~ 7~ ~ ,v,4r ; rt 4~ t 7 4 f t• 5 ~? L i~~ fi~~ Y~7 ~k ~t ,'ss 1 .., t~^ ~~~~~ ., y ... ri~) I. , ~~ P106 ]Danville lZe~ister & Bee News April 1, 2012 P107 PIT'TSYI,~~41~1IA C®IJ1~1'I'Y Board of Supervisors EXECUTIVE SIJIVIMARY AGENDA DATE: AGENDA TITLE: 04-17-2012 Recommendation for County Reassessment Services ACTION: Yes SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Reassessment Contract ACTION: STAFF CONTACT(S): I ATTACHMENTS: Mr. Sleeper No RE ITEM NUMBER: 17 INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors is required by State law to reassess Pittsylvania County every four (4) years. Because Pittsylvania County is so large, it states approximately eighteen (18) months to two (2) years to actually do the reassessment before it goes into effect. The County Office of Central Purchasing solicited requests for qualifications for general reassessment of real estate. The County received three (3) responses from professional firms authorized to do reassessments in Virginia. DISCUSSION: The County staff held interviews with Pearson Appraisal Service, Wampler and Eanes Appraisal Service and Wingate Appraisal Service. It was an unanimous recommendation of the committee to select Wingate Appraisal Service to negotiate a contract for the reassessment of Pittsylvania County due January 2014. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the County Administrator to negotiate a contract with Wingate Appraisal Service to reassess the real estate of Pittsylvania County for the year 2014 and bring that contract back to the Board of Supervisors for approval. P108 PITTSYI..VAI~IIA C®iJ1o1T'Y Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 04-17-2012 Award Telephone Services for Captain Martin ACTION: Building Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: ACTION: Bid Award ATTACIIMENTS: STAFF CONTACT(S): Yes Mr. Sleeper ITEM NUMBER: 18 INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors approved necessary renovations to the Captain Martin Building and moving of County Administrative offices into that facility by June 30, 2012. DISCUSSION: A number of construction projects, electrical service projects, computer services and communication services were incorporated in the requirements for that move. Attached hereto, you will find the bids for a telephone service system for the Captain Martin Building. The County received three (3) bids: TechaByte of Danville, Virginia $17,344.44; Advanced Logic Industries, Inc. of Blacksburg, Virginia $19,206; SyCom Connected of Richmond, Virginia $22,967. RECOMMENDATION: Staff recommends low bidder of TechaByte of Danville, Virginia, for a total of $17,344.44 and authorize the County Administrator to sign all necessary documentation. P109 1311 Piney Forest Road, Suite D T Danville, VA 24540 ~®~~ Phone 434-836-3455 ~ ~7 Fax: 434-836-3411 Ship To: Pittsylvania County IT PO Box 426 Chatham, VA 24531 Project: Bill To: Pittsylvania County IT 18 Depot St Chatham, VA 24531 Quote # Q840 Net 15 4/6/2012 TS ~ s Cisco UC560 1 ` 2,999.00 2,999.00 - Voicemail and automated attendant - Voicemail to a-mail notification - Supports up to 138 telephones - Single number reach (rings cell phone simultaneously with desk phone) - 12 hours of voicemail - Wireless access point - Music on Hold - Remote teleworker - Supports IP Communicator (PC-based soft phone) MSRP: $4,245.00 SmartNet 24X7 4-Hour 3-Year 1 725.00 725.00 Cisco 7965G Six Line Phone 22 ' 399.00 8,778.00 MSRP: $595.00 SmartNet 8x5 Next-Business-Day Replacement -Phones (1 Year) 22 6.85 150.70 Cisco Unified IP Conference Station 7937G 3 869.00 2,607.00 MSRP: $1,295.00 SmartNet 8x5 Next-Business-Day Replacement -Phones (1 Year) 3 43.00 129.00 Installation, configuration and training 24 75.00 1,800.00 - Install and configure telephone system - Install and configure telephones - Install and configure Conference Stations - Coordinate with telco to have lines moved - Testing - Staff Training CATSe Network Patch Cable 26 5.99 155.74 Note: This quote assumes that the cabling infrastructure is in place and capable of handling a VoiP solution. This also assumes that all CO lines from the telco will be installed and configured for testing purposes. Because of conditions beyond our control, this quotation is effective for a period of Thirty Days from the above Subtotal $17,344.44 date. Taxes now in effect or if and when levied on any sale based on this quotation must be added to the price, unless specifically provided for in the quotation. All equipment & labor is guaranteed for one year unless otherwise stated. All additions and changes will be billed separately and are exclusive of this quotation. If invoice is not paid Sales Taz (o.o~/) $0.00 within 30 days interest will be charged from date of invoice. Annual percentage rate of 24% or maximum allowed by law. In the event you fail to pay as agreed, you agree to pay our expenses, including, without limitation, any and all costs incurred by us related to default, court costs, out-of-pocket collection expenses and attorneys' fees, Total $17,344.44 whether suit is brought or not, incurred in collecting any unpaid amounts. the undersigned, agree to the above terms and conditions and do hereby authorize TekaByte to procure and deliver the product(s) listed herein and to proceed with any configuration and installation covered herein. Signature Date P110 ~~ A~vai~~~~ L~i~ ~amwwmamw~rrerw gram A1J...9bemns~'il~am,~A~a TLr~r Advanced Logic Industries, Inc. 1750 KRAFT DRIVE SUITE 1200 BLACKSBURG, Virginia 24060 United States http://www.ali-inc.com _,IMar 26, 2012 4:13 PM EDT g~I Doc # 'f'122294 -rev 2 of 2 Description '.~UC 540 for Pittsylvania County ~SalesRep ~;~Shield5, Frank `a (P) 540-443-3562 F 540-443-3367 :: Customer Contact t`; Budd, Scott i~` ~F~ ~434~ 432-7746 ~'rt~ scott.budd@pittgov.org Customer Bill To Ship To County of Pittsylvania (P13893) County of Pittsylvania County of Pittsylvania 21 N Main St Budd, Scott Budd, Scott PO Box 426 21 N Main St 21 N Main St Chatham, Virginia 24531 PO Box 426 PO Box 426 (P) (434)-432-7769 Chatham, Virginia 24531 Chatham, Virginia 24531 P 4 (P) (434)-432-7769 ) ( ( 34)-432-7769 Customer PO: i Terms: ~ ShiPP Via: ~' None ;Net 30 Days ; FedEx Ground Special Instructions: 'Carrier Accou nt #: None I __ - -----------_--- - - -- - _ ----- - - - - - - - - - - .. - - - ;None _.. ___ _ _ _ - ---- - ------- -------- - --_..------- -------i UC 540 Cisco Unified Communications 540 1 VoIP gateway - 0 / 1 - 24 users - Ethernet, Fast Ethernet - 802.1 lb/g - UC540W-FXO-K9 $2,630.00 1 No $1,600.00 $1,600.00 1.5U Cisco Small Business Pro Service Rapid Replacement 2 Extended service agreement -replacement - 3 years - 24x7 - 4 h -for P/N: CON-5854-SVCl $999.00 1 No $675.00 $675.00 SPA525G,SPA525G-EU 3 Cisco Unified Communications License - 8 additional users -delivered via electronic distribution L-UC-PRO-8U= $930.00 1 No $615.00 $615.00 Cisco NlultiFlex Trunlc Voice/WAN Interface Card 2nd Generation 4 Expansion module - T-1/E-1 -for Cisco 1841 2-pair, 1921 4-pair, 1921 VWIC2-IMFT-Tl/E1= $1,430.00 1 No $845.00 $845.00 ADSL2+, 19XX, 2811 2-pair, 28XX 4-pair, 29XX, 39XX 5 Cisco Rack mounting kit -for Unified Communications 520 for Small Business ACS-UCSOORM-19= $200.00 1 No $125.00 $125.00 Subtotal ;3,860.00 Phones 6 Cisco Unified IP Conference Station 7937G Conference VoIP phone -SCCP -silver, dark gray Cisco SMARTneE 7 Extended service agreement -replacement - 8x5 -NBD -for P/N CP-7937G, CP-7937G= 8 Cisco Unified IP Phone 7965G VoIP phone -SCCP, SIP - 6-line operation -silver, dark gray 9 Cisco SMARTnet Extended service agreement -replacement - 1 year -NBD 10 Cisco Unified IP Phone 7945G VoIP phone -SCCP, SIP - 2-line operation -silver, dark gray 11 Cisco SMARTrief Extended service agreement -replacement - 8x5 -NBD CP-7937G= $1,295.00 3 No $770.00 $2,310.00 CON-SNT-CP7937 $48.00 3 No $0.00 $0.00 CP-7965G= $595.00 23 No $358.00 $8,234.00 CON-SNT-CP7965 $B.00 23 No $0.00 $0.00 CP-7945G= $465.00 1 No $280.00 $280.00 CON-SNT-CP7945 $8.00 1 No $0.00 $0.00 Subtotal ;10,824.00 tabor & Configuration for Install of UC540 + 23 Phones + 3 Conference Phones 12 Labor for Install, Configuration, and Knowledge Transfer of UC540 SVC-ENG $152.00 34 No $133.00 $4,522.00 24 Hours of Senior Time + 3 Days Travel per COOP Subtotal ;4,522.00 Subtotal: $19,206.00 Assuming the UC 540 will be rack mounted. This quote is provided under our Martinsville City PS Cooperative Agreement Tax (0.000%): $0.00 Shipping: $0.00 Note that the 540 includes 24 licenses, an additional 8 pack of licensing will be needed Total: ;19,206.00 We appreciate your business and look forward to the opportunity to serve you! These prices do NOT include applicable taxes, insurance, shipping, delivery, setup fees, or any cables or cabling services or media, or material unless specifically listed above. All prices are subject to change without notice. Supply subject to availability. By submitting this order you are agreeing to Advanced Logic Industries terms and conditions. For a copy of our terms and conditions, please contact your ALI representative or visit the following link: http://www.ali-inc.corn/termsconditionsproduct.html P111 ~'~ ~ SyCom Technologies 1802 Bayberry Court COI'11'12CteC~. Richmond, VA 23226 tel. 804262-7100 fax. 804262-5157 March 26, 2012 Pittsylvania County Attn: Scott Budd Phone: 434-432-7769 Email: scott.budd@pittgov.org Quoteak Pittsylvania 2901 CME 032612sp Qty Description Part q Price Ext Price 1 2901 UC Bundle w/ PVDM3-16,FL-CME-SRST-25, UC License PAK C2901-CME-SRST/K9 51,981.00 $1,981.00 1 Communication Manager Express or SRST - 25 seat license FL-CME-SRST-25 $0.00 $0.00 1 Cisco Config Pro Express oo Router Flash ISR-CCP-EXP $0.00 S0.00 1 iP Base License for Cisco 2901-2951 SIr29-ll'B-K9 50.00 $0.00 1 Unified Communication License for Cisco 2901-2951 SL•29-UC-K9 $0.00 $0,00 1 256MB to 1GB Compact Flash Upgrede for Cisco 1900,2900,3900 MEM-CF-256U1GB $248.00 5248.00 1 1-Port 3rd Gen Multifle:Trunk VoicelVVAN Int. Card - Tl/El VWIC3-IMFT-Tl/EI 5887.00 S887.00 1 Four-Port Voice Interface Card - FXS and DID VIC3-4FXS/DID $546.00 S546.00 1 Services Ready Engine 300 (512MB MEM, 4GB Flesh,lC CPU) ISM-SRE-300-K9 5620.011 $620.00 1 SW APP SUPP+ UPGR Internal Services Module ((SM) with SRE CON-SAU-ISRE300 $93.00 593.00 1 Cisco Unity Express Release 8.6 SCUE-ISM-8.6-K9 50.00 $0.00 5 Unity Express License - 5 Mailbox - CUCM and CUCME FL-CUE-MBX-S $62.00 5310.00 1 Unity Express License -Non Re-hostable - 2 Port FL-CUE-NR-PORT-2 $0.00 50.00 3 Unity Express License - 2 Port FLrCUE-PORT-2 $310.00 5930.00 1 Cisco Unity Express -North American English CUE-LANG-ENU $0.00 $0.00 1 PVDM3 16-channel to 64chamel factory upgrade PVDM3-16U64 $1,395.00 S1,395.00 I Cisco 2901 AC Power Supply PWR-2901-AC $0.00 $0.00 1 AC Power Cord (North America), C13, NEMA S15P, 2.1m CAB-AC $0.00 $0.00 1 Cisco Communications Manager Express License FL-CME 50.00 $0.00 1 Cisco 2901-2921 IOS UNIVERSAL S29UK9-15202T 50.00 S0.00 1 SMARTNET BXSXNBD 2901 Voice Bundle w/ UC License PAK CON-STLOC 50.00 50.00 Subtotal: 57,010.00 Cisco Phones 3 Cisco UC Conference Station 7937 Global CP-7937G-- $803.00 52,409.00 3 SMARTNET SXSXNBD Cisco IP Conference Station 7937 Global CON-STLOC $0.00 $0.00 22 Cisco UC Phone 7945, Gig Ethernet, Color, spare CP-7945G= $289.00 56,358.00 22 SMARTNET BXSXNBD Cisco Unified IP Phone 7945 CON-STLOC $0.00 50.00 Subtotal: 58,767.00 Total: 815,777.00 These items quoted in compliance with end under VASCUPP Contracdl UCP-3491557JC Notes: Quotc Vatid for 30 days Prices subject to change Net 30 Terms Products included in this quote are subject to the original manufacturer's terms and conditions on returns, which typically include a re-stocking tee and original, factory-sealed packaging. SyCom Technologies must be notified of any RMA rcquest within 15 days of receipt of equipment. Quote prepared by Sarah Peachee. (Phone) 804-074-5243 (Fax) 804262-5157, email: speachee@sycomtech.com If your organiration does not use purchase orders, please sige and fax signed copy of quote to SyCom @ 804262-5157 Signature: Date: 1 Sycom Technologies Confidential P112 S® Connected. STATEi1AENT OF WORK Project Name~Description: Administration Office VOIP System Client Name: Pittsylvania County Client Contact: Scott Bud (434) 432-7769 SyCom Account Manager: Heather Schaub Scope of Work: Pittsylvania County has requested SyCom Technologies help in implementing a VOIP phone system for their new Administration office. SyCom will perform the following tasks to implement the new VOIP solution • Unbox rack and power up one 2901 router o Configure Data connectivity between the local LAN and router • Configure the Unified Communications Manager Express Service on the router to include the following tasks o Configure up to 25 phones in CUCME o Configure up to 4 pickup groups o Configure up to 4 hunt groups o Configure up to 25 extension lines o Configure up to 1 IP Phone template o Configure directories and call routing o Configure internal and external dial plan o Configure up to 4 analog (Fax) Devices) Note: Cabling and patching is not included in this SoW. o Configure up to 1 PRI port for connectivity to the PSTN o Configure Centrex dialing to other offices (Verizon must support this feature on their PRI) o Test configuration • Configure the Cisco Unity Express voice mail services engine to include the following tasks o Configure up to 25 voice mail boxes o Configure up to 1 auto attendant o Configure the Telephony service on router to route calls to Voice Mail o Configure auto attendant to be able to route calls to Verizon Centrex service • Configure Cisco IP Phones to include the following tasks o Scan phones and MAC Addresses into CUCME service on router o Write names of users and extensions on phone boxes and hand over to the Pittsylvania County IT staff for physical deployment • Unbox rack and power up two 2960S 24 port POE switches o Configure up to one voice VLAN on each switch o Configure up to one data VLAN on each switch o Use Cisco best practices configurations to configure the switch to handle voice and data traffic o Configure QoS on the switch and on the router a Document the configuration as built to provide the following deliverables o CUCME configuration and version o CUE configuration and version o Usernames and passwords o IP Addresses and access information SyCom Technologies will train up to 25 users in two, one hour training sessions © 2011 SyCom Technologies. All rights reserved. This document and the information contained herein is proprietary and confidential. It may not be duplicated, redistributed, reused or displayed to any other party without the expressed written consent of SyCom Technologies. P113 Connected. Estimated Hours and Cost: Scheduled Work Hours: Monday through Friday 8:30 AM to 5:00 PM, excluding holidays Travel: On-site work performed over thirty (30) miles from a SyCom office will be billed at one-half (1/2) the billing rates shown above based on the billable role performed. Travel expenses are not included in this Statement of Work. Time 8~ Material Investment: The estimated cost of the services defined in this Statement of Work is provided above and will be billed by as the work is performed at the rates shown. Any work performed outside of this scope of work will be billed separately at the rate of $175 per hour during normal business hours and $225 per hour at all other times and must be pre-approved by the customer. Payment Terms: Payment is due in full upon receipt of the invoice. Agreed to and accepted by: Signature: Signature: Name: Name: Title: Title: Date: Date: Pittsylvania County SyCom Technologies © 2011 SyCom Technologies. All rights reserved. This document and the information contained herein is proprietary and confidential. It may not be duplicated, redistributed, reused or displayed to any other party without the expressed written consent of SyCom Technologies. Rote I Task Estimated Hours RatelHour Extended Cost Advanced Engineering 40 $ 175.00 $ 7,000.00 Systems Engineering -After Hours 0 $ 225.00 $ - Basic Engineering 0 $ 85.00 $ - Project Coordination 2 $ 95.00 $ 190.00 $ 150.00 $ - Total $ 7,190.00 P114 PITTSYI,VAl®TIA C®IJ1v1TY hoard of Supervisors EXECUTIVE SUIVIMARY AGENDA TITLE: AGENDA DATE: 04-17-2012 ITEM NUMBER: 19 Set Public Hearing for Proposed Solid Waste Fee ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Set Public Hearing CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACIIMENTS: Yes BACKGROUND: The Board of Supervisors has discussed for some time a proposal for a solid waste fee throughout Pittsylvania County. The proposed 2012/2013 budget is recommending a $5.00 per household per month fee for solid waste. DISCUSSION: In order to set the required solid waste fee, Pittsylvania County must amend the Pittsylvania County Code to incorporate the authorization, set by the General Assembly, to establish a solid waste fee in Pittsylvania County. Attached hereto is a draft developed by legal counsel to meet the criteria set by the Board of Supervisors. RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing for Monday, May 7, 2012, to receive citizen input on a proposed amendment to the Pittsylvania County Code to incorporate a solid waste fee. P115 '';tl. ~ ,o ~ U PITTSYLVANIA COUNTY CODE CHAPTER 17 ARTICLE III Solid Waste Disposal Fee Sec.17-11. TITLE; INCORPORATION OF STATE CODE. This ordinance shall be known as the "Solid Waste Disposal Fee Ordinance" of the County of Pittsylvania, Virginia. The terms and provisions of Section 15.2-2159 of the Code of Virginia, 1950, as amended, are adopted and incorporated herein by express reference and deemed a part of this Article. Sec.17-12. SOLID WASTE DISPOSAL FEE; FEE SCHEDULE. Pursuant to the provisions of and authority contained in Section 15.2-2159 of the Code of Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors does hereby establish a Solid Waste Disposal Fee. A Solid Waste Disposal Fee Schedule shall be adopted annually by the Board of Supervisors, via Resolution, following a duly advertised and conducted public hearing. Said fee schedule shall not exceed the actual cost incurred by Pittsylvania County (the "County") in procuring, developing, maintaining, and improving its landfill. Sec.17-13. PAYMENT OF SOLID WASTE DISPOSAL FEE. Every person owning or operating any apartment, rental residential unit, multiple residential unit, house, trailer camp, or trailer court ("households") in the County shall pay said Solid Waste Disposal Fee based on said Solid Waste Disposal Fee Schedule. Sec.17-14. COLLECTION OF SOLID WASTE DISPOSAL FEE; COMMISSION. The County may either collect the fee itself, or enter into a contractual agreement to be negotiated by the County Administrator, or his/her designee, with a public service corporation as set forth and authorized in Section 15.2-2159 of the Code of Virginia, 1950, as amended, for the collection of the fee. The commission for such collection service shall not exceed five (5) percent of the amount of the fees due and collected. Sec.17-15. DUE DATE FOR SOLID WASTE DISPOSAL FEE. The Solid Waste Disposal Fee shall be due and owing each year, no later than the (_tn) day of of each year. Therefore, shall be the due date of this Solid Waste Disposal Fee and payment hereunder shall commence and be due on Page 1 of 3 P116 L.. ,t.:a~ ~ ~ for each year thereafter. Said fee will be assessed for all households located in the County as of the (_St) of of each billing year. Said fee shall be pro- rated if verification of residency is less than twelve (12) months. An invoice for said fee shall be included in the annual real estate tax assessment mailing. Payment of said fee shall be made to the Pittsylvania County Treasurer's Office. Sec. 17-16. APPLICATION OF SOLID WASTE DISPOSAL FEE TO TOWNS IN COUNTY. Households located in the Towns of Hurt, Gretna, and Chatham shall also be assessed the Solid Waste Disposal Fee in accordance with the provisions of this Article. Sec. 17-17. LATE PAYMENT PROVISIONS; LIEN. (a) If payment of the fee is not made, then a notice of delinquency will be mailed to each household not having paid the fee, advising that collection proceedings will begin in thirty (30) days. Supplemental assessments may be issued after the due dates and such assessments will be due thirty (30) days after mailing. (b) Any person or household who fails to make payment of such fee shall be required to pay penalty on said fee beginning often percent (10%) and interest at three-fourths of one percent (0.75%) per month upon any fee found to be overdue and unpaid. (c) Any payment of the Solid Waste Disposal Fee shall be credited first against the most delinquent Solid Waste Disposal Fee account due and owing. (d) Failure to pay the Solid Waste Disposal Fee can result, after due process, in the placement of a lien on the household in question in favor of the County. Sec.17-18. PARTIAL EXEMPTION FOR QUALIFIED ELDERLY OR DISABLED PERSONS. There is a partial exemption of percent (_%) from this landfill use fee for households of the elderly and/or disabled who qualify for such exemptions. Said exemption shall be governed by the conditions set forth in Sections 58.1-3210 through Section 58.1-3218 of the Code of Virginia, 1950, as amended. Further, Section 15.2-936 of the Code of Virginia, 1950, as amended, allows an exemption based on the income criteria as set forth and provided in Section 58.1-3211 of the Code of Virginia, 1950, as amended. Any and all information of income, and verification of same, shall be provided upon application for said exemption in accordance with the policy and procedures set forth by the Pittsylvania County Board of Supervisors. Sec. 17-19. RENTAL RESIDENTIAL UNIT; MULTIPLE RESIDENTIAL UNIT. Page 2 of 3 P117 Every person owning or operating any apartment, rental residential unit, multiple residential unit, house, trailer camp, or trailer court, shall, on or before of each year, upon request of the Commissioner of Revenue of the County, in accordance with Section 58.1-3901 of the Code of Virginia, 1950, as amended, f le with such Commissioner of the Revenue, a list giving the name and address of every tenant in such apartment, rental residential unit, multiple residential unit, trailer camp, or trailer court as of the _ day of of each billing year. Further, the landlords shall incur the responsibility for payment of the Solid Waste Disposal Fee if the above-tenant list is not provided to the Commissioner of Revenue of the County within sixty (60) days of said request. Sec.17-20. SCAVENGING; OWNERSHIP OF SOLID WASTE. (a) It shall be unlawful to scavenge or attempt to salvage materials from waste delivered to or deposited at a convenience center site or the Landfill. (b) Upon delivery of solid waste to an approved disposal site, all rights of ownership and exclusive possession to lawfully deposited solid waste shall vest in Pittsylvania County. Sec.17-21. VIOLATIONS OF CHAPTER. A violation of the provisions of this Article shall constitute a Class 2 misdemeanor. Page 3 of 3 P118 ItEPOI~TS FROM BOARD MEMBEitS P119 REPORTS FROM LEGAL COUNSEL P120 REP012'I'S FROM COIJI~TY AI)1VIIll~TTIS'I'TOR P121 PIT~'~YLVAI~IA C®~JNTY VIRGINIA William D. Sleeper ~,~` `'`'~ County Administrator o o Phone (434) 432-7710 o Fax (434) 432-7714 P.O. Box 426 a ~ Q a ~, z Grerna/Hurt (434)656-6211 Chatham, Virginia 24531 ~, -- ~ ,~ Bachelors Hall/Whitmell (434) 797-9550 dan.sleeper@pittgov.otg i~e~ MEMORANDUM TO: Honorable Members of the Board of Supervisor FROM: William D. Sleeper, County Administrator DATE: April 17, 2012 RE: Corrective Action Plans requested at the February 6, 2012 Finance Committee Meeting At the February 6, 2012 Finance Committee Meeting of the Board of Supervisors, Robinson, Farmer, Cox Associates presented the 2011 annual audit along with management comments suggesting various changes and suggestions for departments contained in the County audit. At this meeting, the Board requested a corrective action plan from each affected department mentioned in the management comments. Attached hereto are the corrective action plans of each affected department. Please let me know if you have any questions regarding these plans. P122 CERTIFIED PUBLIC ACCOUNTANTS A PROFESSIONAL LIMITED LlABII1TY COMPANY Date: November 30, 2011 Memorandum to: William D. Sleeper, County Administrator Kim Van Der Hyde, Finance Officer From: Robinson, Farmer, Cox Associates Regarding: Audit Recommendations In planning and performing our audit of the financial statements of the County of Pittsylvania, Virginia for the year ended June 30, 2011, we considered the County's internal structure to plan our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the intemal control structure. However, during our audit, we noted certain matters involving internal control structure and other operational matters that are presented for your consideration. Our comments and recommendations, all of which have been discussed with appropriate members of management, are intended to improve the internal control structure or result in other operating efficiencies. We will be pleased to discuss these comments in further detail at your convenience. Coun Virginia Security for Deposits Act: Our review of risk related to deposits and compliance with the Virginia Security for Public Deposits Act, we noted that the Sheriff's bank accounts are not held as a public deposit. All accounts should be reported as public deposits. Procurement: Our review of compliance related to the Virginia Public Procurement Act disclosed that monthly gasoline purchases with Davenport Energy were not put out to bid in accordance with the Act. Our review of compliance related to the Virginia Public Procurement Act disclosed a check was written to E- One, Inc. for a fire truck as a contribution to the Riverbend Volunteer Fire Department. The fire truck was not properly procured. We recommend a check be issued to Riverbend Volunteer Fire Department instead of the vendor, requiring the Fire Department be responsible for compliance with procurement policies. CHRLSTIANSBURG OFFICE GORDON B. JONES; C.P.A, MF.hIBLsR STRF.E"I'ADDRESS.~ MAILING ADDRESS.• 1580 NORTH FRANKLQV STREEI: SUITE 1 P.O. BOX 727 TF.LEPHONE• 1540/ 382-OS02 CHRISTIANSBURG, VIRGINIA 2407) CHRISI7ANSBURG, VIRGINIA 24068 FAX.•1540/ 382-OS07 E-MAILr ®onet@dca. com INTERNET.• rn+1+:r(ca.mm P123 County: (continued) Procurement: (continued) Our review of compliance related to the Virginia Public Procurement Act disclosed that the contract competitively negotiated with Dewberry and Davis related to the Mega Park Sewer Line project lacked documentation supporting the scoring of the proposals. Vendors: Our discussion with Kim Van Der Hyde, Finance Officer, disclosed that a vendor list is not generated and approved by the Board of Supervisors. We recommend that the Board of Supervisors review the vendor listing for unauthorized additions periodically and at least annually. Income Tax Items: Our discussion with Kim Van Der Hyde, Finance Officer, disclosed that investigators in the Sheriff's Office receive a clothing allowance. We recommend any clothing allowance used to buy clothes that are "adaptable or worn to general usage as ordinary clothing" should be included in the employee's W-2. Credit Card Purchases: Our test of credit card purchases disclosed that numerous purchases of meals were lacking a detailed receipt describing the items purchased. We recommend that all purchases be fully documented with receipts. Statements of Economic Interest: Our review of Conflict of Interest forms disclosed that 5 of 30 forms were not completed on time. We recommend that these forms be filled out completely, accurately, and timely, as they are public record and available upon request. Board Minutes: Our review of minutes for the Board of Supervisors meetings disclosed that they are not being appropriately signed. We recommend that board minutes be signed to document their authenticity. School Board Credit Card Purchases: Our test of credit card purchases disclosed cafeterias not paying their invoices in a timely manner. We recommend all invoices be paid timely to eliminate late fees. CHRISTIANSBURG OFFICE CORDON B. JONES: C.P.A, MEMBER STRF.F7• ADDRESS.• MAILING ADDRESS. 1580 NORTH FRANKLIN STREI:"I: SU/TE 1 P.O. BOX 727 TELEPHONE.• !5401382-OS02 CHRISTIANSBURG VIRGINIA 24073 CHRLS"I7ANSBURG. VIRGINIA 24068 FAX.•(S401382-OS07 E-MAIZ: ®oner@dca.com W!L'RNEI; wwr~:rfca.com P124 Workforce Investment Board: Unallowable Costs: Our review of expenditures of the Workforce Investment Board disclosed unallowable costs. In a review of 98 invoices totaling $352,831.27 in expenses, there were two invoices including finance charges or late fees for a combined $11.01. Social Services: Credit Card Purchases: Our test of credit card purchases disclosed that numerous purchases of meals were lacking a detailed receipt describing the items purchased. We recommend that all purchases be fully documented with receipts. Our test of credit card purchases disclosed that numerous purchases included sales tax. We recommend that sales tax be avoided since the County is tax exempt. Gift Card Purchases: Our audit revealed that gift cards were purchased as a Christmas bonus. All gift card purchases must be documented properly including the signature of the gift card recipient. Income Tax Items: Our audit revealed that gift cards were purchased as a Christmas bonus. These gift cards are the equivalent of cash and should be included on the W-2 of the proper employees. Special Welfare: Our audit revealed of Special Welfare accounts revealed that interest is not being posted timely to sustained balances. We recommend that the accounts be reconciled monthly and the appropriate interest credited to each child's account. CHRISTIANSBURG OFFICE GORDONB. JONES C.P.A, MEMBER STREET ADDRESS• MAILING ADDREfS• ISBO NORTH FRANKLIN STREET, SUITE 1 P.O. BOX 727 TELEPHONE.' 15401382-OS02 CHRISTL4NSBURG, VIRGINL9 24073 CF~2ISTL9NSBURG, VIRGINIA 24068 FAX.d540/ 382-OS07 E-MAIL: ®onu@rfca.mm DVTERNEI: ww~vrlca.com P125 PITTSYLVANIA C®UNTY Finance Department P.O.' Box 426 Chatham, Virgiaia 24531 VIRGINIA T ~~ ~ * ~ * ~ ~ ~ »s~ ~ / Phone (434) 432-7740 Fax (434) 432-7746 Gretaa/Hurt (434) 656-6211 Bachelors Hall/Whitmell (434) ?97-9550 MEMORANDUM TO: William D. Sleeper, County Administrator FROM: Kim Van Der Hyde, Finance Director '~~ DATE: February 23, 2012 RE: Response to Management Comments This memo serves to inform you of the corrective action plan developed by the Finance Department to address concerns contained in the 2011 Management Comments provided by our auditors, Robinson, Farmer, Cox and Associates. Each action is outlined per affected area as it was presented in the letter from RFC. Virginia Security for Deposits Act: This item pertained to the bank accounts held by the Sheriff s office. The auditor stated that these accounts should be reported as public deposits. The Sheriffs office will be contacting the bank to have these accounts listed as public deposits. Procurement: The first procurement item pertained to compliance with the Virginia Public Procurement Act. The auditors pointed out that gasoline purchases were not put out to bid in accordance with the Act. The purchasing manager has received sample documents from other localities and is in the process of correcting this issue. She hopes to find a locality with a cooperative procurement agreement to speed up this process. The second procurement item also pertained to compliance with the Virginia Public Procurement Act in relation to a check that was written to E-One, Inc. for a fire truck as a contribution for Riverbend Volunteer Fire Department. In the future, contributions made to fire or rescue agencies will be written directly to the agencies instead of to a vendor. This will eliminate the appearance that the procurement act was not followed properly. Contributions do not have to follow the procurement act. P126 The final procurement item pertained to the lack of documentation supporting the scoring of proposals for the Mega Park Sewer Line project. Management will ensure that scoring sheets are properly turned in to the purchasing department so that this issue will not occur in the future. Vendors: In checking internal controls, it was noted by the auditors that a vendor listing is not periodically reviewed and approved by the Board of Supervisors. The Finance Department is in the process of reviewing the current vendor list and a listing will be sent the Board of Supervisors in the near future for review and approval. We plan to have this list reviewed and approved by the Board on an annual basis. Income Tax Items: The auditors pointed out that clothing allowances distributed to Sheriffs Office investigators must be included on the employee's W-2. The reason that this allowance is considered taxable income to the employee is because the clothing purchased by investigators can be "adaptable or worn to general usage as ordinary clothing". The Finance Department will be including clothing allowances for investigators in their regular paychecks and in turn, will be included on their W-2 starting with calendar year 2012. Credit Card Purchases: During the test of credit card purchases, it was noted that some purchases did not show a detailed receipt. A memo will be sent to all departments requiring a detail receipt be turned in for all credit card purchases. Statements of Economic Interest: It was noted that 5 of 30 Economic Interest Forms were not completed in a timely manner. County Administration mails these forms out annually with instructions in November. The deadline for these forms is January 15th. In addition, a reminder letter is mailed to each recipient who has not responded by the deadline. This practice will continue in the future. Board Minutes: The auditors found that minutes of the Board of Supervisors were not being appropriately signed. Minutes are now being taken to meetings so that they may be appropriately signed by the chairman after they are approved by the full board. P127 Kim Van Der Hyde From: Donald Johnson [donald.johnson@pcs.k12.va.us] Sent: Thursday, April 12, 2012 4:33 PM To: Kim Van Der Hyde Cc: Tracey Worley; James McDaniel; Rhonda Yates; Dawn Anderson; Kara Scott; Lillian Holland Subject: Timely Payment of Cafeteria Invoices In response to the only School System management correction item in the annual audit. The Pittsylvania County School Nutrition Department will make every effort to pay invoices in a timely manner to avoid late fees. Sincerely, Donald R. Johnson Pittsylvania County Schools Assistant Superintendent for Business Phone: 434-432-2761 Ext. 5012 Fax: 434-432-9560 P128 -- !N®RKF®RCE INVESTMENT BOARD 73o East Church Street, Suite zy PO Box4o43 MartinsviUe.lrrginia 24i15-4o43 Phone (27~ 6566igo fax (z76) 656.6ogZ inFo®urpwin.org www.wpwin.org March 29, 2012 Mr. William D. Sleeper County Administrator Pittsylvania County P. O. Box 426 Chatham, VA 24531 Dear Mr. Sleeper: v,la,uis monitor of the w'v~l~orce IIp11G On February 22, 2012, you notified the board that your auditors reported that we had unallowable costs of $11.01 due to two credit card invoices having finance charges or late fees. The board recognizes that federal dollars cannot be used to pay these expenses and had directed that our non-federal unobligated program funds would be used to cover these expenses. Regardless, we agree that a[1 finance charges or late fees should be avoided. Therefore, we propose the following corrective action plan to avoid incurring finance charges or late fees from credit card bills in the future: When credit card bills arrive at the board office, staff will process and email the request for payment (with all of the appropriate support documentation) to the finance department immediately. There will be no delay with the processing of credit cazd payments in the future. The normal routine consists of board staff processing all invoices once week, then mailing over night all requests for payment on a Monday of each week, knowing that checks will be cut every Wednesday by the county's finance office. This routine has worked really well over the past year, but we now recognize that if there is ever a delay in this routine (i.e., out of the office for a conference, vacation or illness), finance charges or late fees may occur with credit card bills. We hope you accept this recommended corrective action plan, which was formally adopted by the board's finance and audit committees. Sincerely, Kim Adkins Executive Director cc: The board's finance and audit committee members P129 PITTSYLVANIA COUNTY ~ ~ ^ ~~ -- ~~~ ~-~~- - ,, - ®EPARTMENT OF SOCIAL SERVICES ~ .~_ ~- _----- ' ~; ~','`~,i 220 H.G. McGhee Drive ~ MAR 1 6 2012 ` ~ ' 1 POST OFFICE DRAV~ER E CHATHAM, VIRGINIA 24531 : ~ ~ _ --~---~--_--- . _ . _-' -'~' Telephone (434) 432-7281 FAX (434) 432-0923 Sherry R. Flanagan Director March 12, 2012 William D. Sleeper County Administrator Pi.ttsylvania County PO Box 426 Chatham, VA 24531 Mr..Sleeper: Danville (434) 792-8635 Gretna (434) 656-8407 This is in response to your memorandum of February 22, 2012 regarding the Robinson, Farmer, Cox Associates Management Comments. The following is submitted for your review. Credit Card Purchases: RFC "Our test of credit card purchases disclosed that numerous purchases of meals were lacking a detailed receipt describing the items purchased. We recommend that all purchases be fully documented with receipts." Corrective Action: Purchases for meals require a detailed receipt. This issue has been addressed with staff and will be monitored more closely. RFC "Our test of credit card purchases disclosed that numerous purchases included sales tax. We recommend that sales tax be avoided since the County is tax exempt." Corrective Action: It has been noted numerous purchases included sales tax. Being a tax exempt agency, purchases for agency use are tax exempt. Items purchased for a client, child or family are subject to sales tax. P130 March 12, 2012 Page 2 Mr. William D. Sleeper County Administrator Pittsylvania County Gift Card Purchases: RFC "Our audit revealed that gift cards were purchased as a Christmas bonus. All gift card purchases must be documented properly including the signature of the gift card recipient." Corrective Action: This agency has discontinued the use of gift cards as Christmas bonuses. It is agency policy that in the case of gift cards being purchased for clients the worker-of-record has the responsibility of obtaining a signed receipt from the gift card recipient. Income Tax Items: RFC "Our audit revealed that gift cards were purchased as a Christmas bonus. These gift cards are the equivalent of cash and should be included on the W-2 of the proper employees." Corrective Action: This agency has discontinued the use of gift cards as Christmas bonuses. Special Welfare: RFC "Our audit of Special Welfare accounts revealed that interest is not being posted timely to sustained balances. We recommend that the accounts be reconciled monthly and the appropriate interest credited to each child's account." Corrective Action: Interest is now being posted monthly and accounts reconciled monthly. I trust this is sufficient for your purposes. Should you have any questions or require additional information, please let me know. Thank you, Sherry R. anagan Director P131 ,r~ eowr ,~ ~ I ~ ~ ° ~ ~~~® C'®1VIM®1 ~`AL Tl~ ®f Vlll (~INIA Douglas W. Domenech Secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY Lynchburg OfTtce Blue Ridge Regional Office 7705 Timberlake Road www.deq.virginia.gov Lynchburg, Virginia 24502 (434)582-5120 Fax (434)582-5125 April 3, 2012 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24532 NO DEFICIENCY LETTER Re: Pittsylvania County Landfill -SWP 571 Unannounced Compliance Inspection -March 12, 2012 Dear Mr. Hawker: ~~~ David K. Paylor Director Robert J. Weld Regional Director Roanoke Office 30] 9 Peters Creek Road Roanoke, Virginia 24019 (540)562-6700 Fax (540)562-6725 On March 12, 2012 the Virginia Department of Environmental Quality Blue Ridge Regional Office in Lynchburg conducted an inspection of the solid waste management facility operating under SWP 571. During this inspection, the facility was evaluated for compliance with the Virginia Solid Waste Management Regulations (9VAC20-81-10 et seq,) and SWP 571. During the inspection no apparent violations of your 5WP 571, or the 9VAC20-81-10 et seq were observed. A copy of the inspection checklist is enclosed. If you have any questions, please contact me at (434) 582-6248 or by a-mail at Malvin.Lafoon(a~deg.virginia.gov. ' cerely, ~.~--- ~~ Mal Lafoo Jr. Solid Waste Inspector cc: BRRO Solid Waste Files SWP 571 Inspection Reports P132 Dominion Resources Services, Inc. Law Department P.O. Box 26532, Richmond, VA 23261 i~~ Apri12, 2012 :, ee~®®° _. =~~ -. - APR 5 2012 NOTICE OF VIRGINIA ELECTRIC AND POWER COMPANY OF INTENT TO FILE APPLICATIONS OR PETITIONS PURSUANT TO § 56-585.1 A 6 OF THE CODE OF VIRGINIA To: Local Government Officials Pursuant to Rule 10 (20 VAC 5-201-10) of the State Corporation Commission's Rules Governing Utility Rate Applications and Annual Informational Filings (20 VAC 5-201-10, et seq.), Virginia Electric and Power Company is providing you a copy of its Notice of Intent to File Applications or Petitions Pursuant to § 56-585.1 A 6 of the Code of Virginia with the State Corporation Commission of Virginia on or after June 1, 2012. ~~ i'JC-' . Lisa S. Booth Senior Counsel Attachment P133 Dominion Resources Services, Inc. Law Department P.O. Box 26532, Richmond, VA 23261 Lisa S. Booth Senior Counsel Direct: (804) 819-2488, Facsimile (804) 819-2183 Email: lisa.s.booth(u~dom.com VIA HAND DELIVERY Apri12, 2012 Mr. Joel H. Peck, Clerk c/o Document Control Center State Corporation Commission Tyler Building -First Floor 1300 East Main Street Richmond, Virginia 23219 1 ®®n~ini®n® Notice of Virginia Electric and Power Company of Intent to File Applications or Petitions Pursuant to § 56-585.1 A 6 of the Code of Virginia Dear Mr. Peck: Please find enclosed for filing the Notice of Virginia Electric and Power Company d1b/a Dominion Virginia Power of Intent to File Applications or Petitions Pursuant to ~ 56-585.1 A 6 of the Code of Virginia. Should you have any questions, please do not hesitate to contact me. Sincerely, - .__-- ~! Lisa S. Booth Senior Counsel Attachment cc: William H. Chambliss, Esq. Joseph K. Reid, III, Esq. Kristian M. Dahl, Esq. P134 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION NOTICE OF ) VIRGINIA ELECTRIC AND POWER COMPANY ) Of intent to file applications or petitions ) pursuant to § 56-585.1 A 6 of the Code of Virginia ) NOTICE OF VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION VIRGINIA POWER OF INTENT TO FILE APPLICATIONS OR PETITIONS PURSUANT TO § 56-585.1 A 6 OF THE CODE OF VIRGINIA Pursuant to 20 VAC 5-201-10 A, Virginia Electric and Power Company d/b/a Dominion Virginia Power, by counsel, hereby submits its Notice of Intent to File Applications or Petitions Pursuant to § 56-585.1 A 6 of the Code of Virginia with the State Corporation Commission of Virginia on or after June 1, 2012. VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION VIRGINIA POWER Co sel P135 Mark O. Webb Lisa S. Booth Dominion Resources Services, Inc. 120 Tredegar Street Richmond, Virginia 23219 (804) 819-2140 (telephone) (804) 819-2488 (telephone) (804) 819-2183 (facsimile) markwebb@dom. com lisa.s. booth@dom. com Joseph K. Reid III Kristian M. Dahl McGuireWoods LLP One James Center 901 East Cary Street Richmond, Virginia 23219-4030 (804) 775-1198 (telephone) (804) 775-4730 (telephone) (804) 698-2204 (facsimile) jreid@mcguirewoods. com kdahl@mcguirewoods. com Counsel for Virginia Electric and Power Company Apri12, 2012 P136 Mayor 16 Court Place Town Council JOSEPH H. ROGERS PO Box 370 JANET BISHOP Towo Manager Chatham VA 24531 WILLIAM BLACK EDMUND GILES 434-432-8153-0ffice ROY BYRD JR Clerk-Treasurer 434ft32~817-Facsimile , . J. DAVID COTHRAN chathamva c comcast.nct ALVIN R. CRIDER www.chatham-va.gov ROBERT B. THOMPSON Director of Public Works ANDREW WALL ROBERT H. HANSON Apri16, 2012 Sheriff Mike Taylor Sheriff of Pittsylvania County P.O. Box 426 Chatham, VA 24531 Re: Town of Chatham Sewage Blockages Dear Sheriff: Yesterday the Sewer plant was receiving debris that again appeared to be coming from the County jail as you see from the attached photos. The crew was able to remove the debris before any major overflow occurred. It appears that prison uniforms, sheets and food wrappers are what is being placed in the sewer. Also we have been receiving a lot of the plastic tooth brushes which flow through and this is posing a problem with the pumps at the plant when they get into them. I realize that your staff is trying to keep this problem to a minimum and keep it from happening at all and I realize they cannot watch each individual 24 hours a day. Since it appears that the County does not want to help the Town by installing a grinder for this problem would it be possible for the County to place a screen or some other device somewhere in the line before it gets to the Town sewer system to stop this debris? As you know this seems to be an ongoing problem and if you have any solution to this we will be glad to work with you on arriving at an agreeable solution. I would like to thank you for your continued support and cooperation in helping the Town and should you have any questions please do not hesitate to contact me. Sincerely, Edmund Giles Town Manager Cc: Honorable Members of the Town Council Honorable Members of the Pittsylvania County Board of Supervisors Mayor Joseph H. Rogers Mr. William D. Sleeper -County Administrator P137 1 -V H': L.`q:.. ~le ~~rr, 5, ~~~a P139 .JL ® ®~ ~~ JL.11~ Mayor 16 Court Place Town Council JOSEPH H. ROGERS PO Box 370 JANET BISHOP Town Manager Chatham VA 24531 WILLIAM BLACK EDMUND GILES 434-432-8153-Office Clerk-Treasurer 434-432-4817-Facsimile ROY BYRD,IR. J. DAVID COTHRAN chathamva~~comcastnet ALVIN R. CRIDER Director of Public Works www.chatham-vagov ROBERT B. THOMPSON ANDREW WALL ROBERT H. HANSON January 19, 2011 Mr. Otis Hawker Asst. County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 Re: Town of Chatham Sewer Blockages Dear Mr. Hawker: I would like to thank you for the opportunity to meet with you and Sheriff Taylor yesterday regarding the sewer blockages that the town has been experiencing over the last few years. As we all agreed, and inspection of the material causing the blockages has led to the conclusion that the primary source of the problem seems to be from the county jail. It has entered the lines despite best efforts by jail staff to prevent it. Past blockages have been cleared at town expense using our crews. This process is costly and typically may take a crew of several men most of a day with follow up work off and on for most of a week. In one case we had to contract for having the line cleared and repaired. The most recent clog occurred in December, which resulted in raw sewage being discharged near a stream and only timely work by the town staff prevented a serious violation and possible fine by Virginia DEQ. The town has had an engineering firm look into possible solutions to this issue. After looking at various alternatives, the recommended solution involves installing a new manhole with a grinder in the existing line downstream of the jail. The use of a grinder is now common practice for most confinement facilities. A cost estimate for this has not been determined yet. The Town along with the engineering firm, (Dewberry), believes the manhole and grinder would be the best option for fixing this problem. Since the installation of this structure is P140 primarily due to items from the jail, we would like to ask the County to participate in the cost of installing the manhole and grinder. If the County can fund the manhole and grinder the town would be willing to assume the design costs and the cost of operating and maintaining the equipment. We respectfully request that funding to help solve this problem be provided in the County`s FY 2012 budget. Again I would like to thank you for your continued support and cooperation in helping the Town of Chatham not only with this but with other issues that have faced the Town. Should you have any questions please don't hesitate to contact me. Sincerely, Edmund Giles Town Manager -Chatham Cc: Sheriff Mike Taylor Mayor Joseph Rogers P141 Edmund Giles From: Edmund Giles [edmund.giles@Chatham-va.govj Sent: Tuesday, December 07, 2010 1:11 PM To: 'mike.taylor@pittgov.org' Cc: Joe Rogers (kwjhrogers@verizon.net); Roy Byrd (roy.p.byrd@dom.com); Robert "Bobby" Thompson (rbthompson@verizon.net) Subject: Sewer Line Debris Attachments: Sewer Stopped up 2009.jpg; Sewer Stopped up 12-3-10 #2.jpg; Sewer Stopped up 12-3-10 # 3.jpg; Sewer Stopped up 12-3-10.jpg; Sewer Stopped up 2009 #2.jpg Sheriff Taylor As you know I have been talking with Captain Motley about the problem with the Town's sewer system. It appears to be an excessive amount of debris that may be coming from the County Jail that is stopping up the line. Within the last three week the sewer line has stopped up and overflowed on 2 different occasions. The first time Lt. Lewis went with me to the sewer plant and saw the debris that we removed from the line which consisted of potato chip wrappers and other food wrappers along with toothbrushes and material that looked like sheets and clothing. The most recent time was last Friday (12/3/10). On this occasion it overflowed just on the east side of Route 29 bypass near Davis Rd. and we were required to contact DEQ of this since it was flowing into and near the creek. I have attached some pictures that we took of the debris which consisted of some of the same type wrappers and orange clothing and sheets. We still have this debris should you want to see it. Would it be possible to meet with you to discuss some options as to how to relieve this problem? Maybe you could discuss the possibility of installing a grinder at some point in or near the jail to grind this up before it gets into the system. What the Town wants is to find a solution that will work for both the County Jail and the Town. We are certainly open to any suggestions you or anyone else may have because this is not only an inconvenience to us but it is becoming an expense to the Taxpayers that they don't need. I will be out of the office Thursday and Friday of this week but should be here any time after that. Thanks in advance for your help in this matter and I look forward to meeting with you. Edm4urd ~ee Town Manager -Chatham Phone: (434} 432-9515 Fax: (434) 432-4817 email: edmund. ig les(a~chatham-va.gov P142 tc, ~~ .r,A ~,~ ~^~ h,i. 't. ~.x `"~ ii`~y~,~i^y.. ^'~~. ~ ` .rG a "~. (. •~"~ f~ t :~ a x ~ F`Y Fes`!. 1 y*.y ri ~ ' ~~'Y i~ ,~.. 'V' 'a. .. ~.f'Yr~~. 'i, r t f,4~~. v,^u'' •~. ta.}y' N-"4. i,:'-.L ' '.2 .•' r'~44~?~,f%.`r~,.;- ,r~ ~1~ „~\j` r;^~t ! Sy';- • tiA'•'~~, .~ _ 6. a: ,.~~r t„ _ F u'f; ,,("+~ ~ 'lt` 3 -. ;.t ,s raJ 'f i ' f ~ ~' ,! ~ , , {x , ~ ~ ...ti 'r;i~.%~,~ ~ J. ,yi+ air t7 `rte ~~ _ ii+-:4~,3 i '} t .xi ~ -~`" '~ ::e• i;"'., ~ 7i"r r % 'c 'f ~° °, 4' d~a, _ P„{..'Y. 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(:; , ~ ~) `, \ .t, _ •hFFF , k~l.'1~ ~.,+ ~ ., jK .i -''~ 1 } ~ fit, _ 5(( ~4: k ~ `T+~ y,yy ~ _t S ~ a , t \t ` ~ ) i P ' ~4' y~ { [:) - 4, ~. r~Y,~x ~ ~ +. - ~~I .~t" "~ ' jE ~~ ": ' a '~4 .y roc`" ,~~ ~ ~ ~"~ ;~„'~.~ 1 ~' r ~ h, 1 E ~(y . `' `'~ 0'v ~ ~ ~: r it :. ~, s~'; ~ k t ~~a~fd i () X34 1 '~' ' : ,,4 ~ ,z? t j . j °i( 1 M , `" a f 3 5ti .. ~ i' " f ` n ~.~ ~F T ~. . l ~. ? ~'' r i .y >, {y ~ t ~ E ,~ ~ r% ;~ 'Er''~v. 4 1~ 'R,: °$3 f~ ''V' s~ ~ }m 2.' r' FF ' . '~s r D ~ 02 p~45 DVerF Io of ~as-~ Side l~ ~e Z 9 ~NNiearJe,aef Pla~~ 12-3-1 P146 Edmund Giles From: bob hanson [electbob2003@yahoo.com] Sent: Monday, December 06, 2010 9:27 AM To: dan sleeper Cc: edmund giles Subject: Overflow/stoppage In an effort to keep you infromed we once again had a major stoppage and overflow. The material again causing same was from jail. This is a reportable overflow and I must infrom DEQ. We once again ask for any help you can give us. Thanks Robert H. Hanson Director of Public Works P147 Edmund Giles From: Edmund Giles [edmund.giles@chatham-va.gov] Sent: Tuesday, November 09, 2010 2:56 PM To: Joe Rogers (kwjhrogers@verizon.net); Roy Byrd (roy.p.byrd@dom.com) Cc: David Cothran (chathamva@comcast.net) Subject: FW: Sewer problems FYI Edeoueaed Town Manager -Chatham Phone: (434) 432-9515 Fax: (434) 432-4817 email: edmund. ig lesna,chatham-va. og_v -----Original Message----- From: bob hanson [mailto:electbob2003Ca~yahoo.com] Sent: Tuesday, November 09, 2010 2:25 PM To: edmund giles; JOSEPH H ROGERS; roy Subject: FW: Sewer problems FYI BOB ROBERT H. HANSON BSEE DIRECTOR OF PUBLIC WORKS TOWN OF CHATHAM 434-432-9515 OR 432-8153 FAX 434-432-4817 --- On Tue, 11/9/10, Mike Taylor «raike.Paylo~apiBtQOV.opg> wrote: From: Mike Taylor <mike.ta~(a,pitt og vorg> Subject: FW: Sewer problems To: "Dan Sleeper" <Dan.Sleeper(a~pitt og vorg>, "Otis Hawker" <Otis.Hawkernu,pitt og`v_org> Cc: electbob2003(a~yahoo.com Date: Tuesday, November 9, 2010, 1:14 PM Otis.. the idea of the in-line grinder that would process these materials being found in the Town's sewer lines has been discussed in the past .. I know this is something you are familiar with and familiar with how it would have to be incorporated within the existing sewer system, not to mention the cost of the hardware and installation ... We have charged, and will continue to charge inmates that we determine are placing items in the commode to deliberately cause a sewer back-up .. however we are dealing with people who have sentences that range from 30 days incarceration to a life sentence, a facility designed for 36 inmates with a daily average population of 140, not adding the employees and staff ... in talking to Lieutenant Crews this morning he brought up that the latest back-up could be from materials being torn out of mattresses that inmates sleep on ... Crews called our supplier and a new product line of mattresses are out that do not have any material inside that can be removed... we are checking on the prices for this new product, which looks like an increase of about $30 per unit ... also with the number of inmates, some have to sleep on the concrete P148 floor... for those inmates, jail staff has been giving out 2 mattresses ... Crews will take these up today and just issue one mattress to the inmates on the floor... it may be we should look at that technology to prevent the back-up in the sewer lines ... I've called several other jails and they experience the same problems with their inmates in the facilities.. their solution was the grinder ... it didn't stop the inmates from stopping up the lines but it did reduce the problems to some degree ...maybe by incorporating this it may help but I can't help but think we may be having issues similar to the ones discovered at from the Moses Building with the lines themselves ...I know it has got to be a headache for the Town's employees ... let me know if you would like to proceed in this direction... best, Mike From: Dan Sleeper Sent: Tuesday, November 09, 2010 10:26 AM To: Mike Taylor Cc: Otis Hawker Subject: FW: Sewer problems Mike: Can you have this investigated, because the last time they claimed this it was not proven to be from the jail. From: bob hanson [mailto:electbob2003Ca~yahoo.com] Sent: Tuesday, November 09, 2010 10:15 AM To: Dan Sleeper Cc: edmund giles; JOSEPH H ROGERS; roy Subject: Sewer problems Just a note to let you know the the problem we have experience with solid waste coming from jail is on going . We spent the last two days unstopping and removing items from line that can most certainly be identified as solid waste from jail. Any help you can give us would be greatly appreciated. Thanks BOB ROBERT H. HANSON BSEE DIRECTOR OF PUBLIC WORKS TOWN OF CHATHAM 434-432-9515 OR 432-8153 FAX 434-432-4817 P149 Edmund Giles From: bob hanson [electbob2003@yahoo.com] Sent: Tuesday, November 09, 2010 10:15 AM To: dan sleeper Cc: edmund giles; JOSEPH H ROGERS; roy Subject: Sewer problems Just a note to let you know the the problem we have experience with solid waste coming from jail is on going . We spent the last two days unstopping and removing items from line that can most certainly be identified as solid waste from jail. Any help you can give us would be greatly appreciated. Thanks BOB ROBERT H. HANSON BSEE DIRECTOR OF PUBLIC WORKS TOWN OF CHATHAM 434-432-9515 OR 432-8153 FAX 434-432-4817 P150 CLOSED 1~YEETIl\TG P151 ADJOURNMENT P152