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05-07-2012 BOS Regular Meeting
~~ gOAR1~ PACKET BOARD pF SUPERVISORS REGULAR MEETING May ~, 2012 Q a 1767 a {_ ~k i c ~RG~ PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING MONDAY, MAY 7, 2012 7:00 P.M. GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION CHATHAM, VA 24531 AGENDA Call to Order - 7:00 p.m. 2. Roll Call 3. Pledge of Allegiance 4. Items to be added to the Agenda (a) Update on Danville Regional Medical Center by Eric Deaton -Page 7 (b) Request to Virginia Department of Transportation for Speed Limit Study on a portion of the Museville Road -Page 8-10 (c) County Owned Radio Towers -Pages 11-13 APPROVAL OF AGENDA HEARING OF THE CITIZENS CONSENT AGENDA 5(a) Minutes: Apri102, 2012 -Regular Meeting -Pages 18-24 April 10, 2012 -Public Hearing - FY2012/13 Proposed School Budget and County Budget -Pages 25-29 April 12, 2012 -Work Session with the Virginia Department of Transportation -Page 30 April 17, 2012 -Adjourned Meeting -Pages 31-41 (b) Bill List - Apri12012 (On County Website) (c) Resolution - Mt. Airy Elementary School Title IAward -Pages 42-43 (d) Music Festival Permit Application -Town of Gretna -Pages 44-49 (e) Proclamation -National Police Week, May 13-19, 2012 -Pages SO-52 (f) Ratify Letter of Appreciation -County-wide Clean-Up during Earth Week -Pages 53-54 PUBLIC HEARINGS 6. Public Hearing to receive citizen input on proposed amendment to Pittsylvania County Code Chapter 17. 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 propose to establish a Solid Waste Disposal Fee. -Pages 56-65 NEW BUSINESS 7. Recommendations from Finance Committee (The Board of Supervisors Finance Committee will meet at S: 30pm on Thursday, May 3, 2012) -Page 67-83 8. Approval for Deed of Bargain and Sale -Surplus of Rail Spur from Norfolk Southern Railway to Intertape Polymer Corporation -Pages 84-98 9. Agreement Between Pittsylvania County and Norfolk Southern Railway for Hurt Water Line -Pages 99-113 10. Request for Surplus Vehicle -River Bend Volunteer Fire Department -Page 114 11. Award Engineering for Orphanage Road/Jefferson Road Waterline -Pages 115-12D 12. Approve Reassessment Contract with Wingate Appraisal -Pages 121-128 13. Request the Virginia Department of Conservation and Recreation to Evaluate the Banister and Staunton Rivers as Scenic River Designations -Pages 129-133 14. Expenditure Refunds - Requires a Motion and a 10 Day Layover -Pages 134-135 15. Concession Fund - Requires a Roll Call Vote -Page 136 16. BrynelJustice Association Grant Appropriation - Requires a Rolt Call Vote -Page 137 17. Virginia State Fair/Gary Thomas - (At Mr. Hagerman's Request) -Pages 138-140 BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL TO BE ADDED P6 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: a Update on Danville Regional Medical Center I AGENDA DATE: OS-07-2012 ACTION: No ITEM NUMBER: 4(a) INFORMATION: SUBJECT/PROPOSAL/REQUEST: Update on Services in the County STAFF CONTACT(S): Mr. Sleeper INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors has been reviewing and providing documentation for increased medical services and support in Pittsylvania County throughout the year of 2012. DISCUSSION: Eric Deaton, Chief Executive Officer for Danville Regional Medical Center, will appear before the Board of Supervisors on Monday, May 7, 2012 to give the Board an update on activities from the Danville Regional Medical Center in Pittsylvania County. This will include the groundbreaking for the new medical center in Mt. Hermon sponsored by the Danville Regional Medical Center. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. CONSENT AGENDA: ACTION: ATTACHMENTS: No P7 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Resolution -Virginia Department of Transportation OS-07-2012 (VDOT) -Museville Road ACTION: SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: Resolution Requesting Speed Study -Museville Road ACTION• (SR 626) Yes STAFF CONTACT(S): ATTACHMENTS: Yes Mr. William D. Sleeper REVIEWED BY: ITEM NUMBER: 4(b) INFORMATION: INFORMATION: BACKGROUND: In order for speed limit changes to occur in residential areas or in special areas that require safety consideration, the Board of Supervisors must pass a resolution or a request to the VDOT to do a speed study and to reduce the speed as necessary in accordance with the request to the Board of Supervisors. DISCUSSION: Attached hereto, is a Resolution requested by Mr. Jerry Hagerman of the Callands-Gretna District requesting a speed study be performed by VDOT on Museville Road Road (SR 626), from the intersection of Sago Road (SR 969) and the Museville Road to the intersection of Anderson Mill Road (SR 649) and the Museville Road, approximately 1.5 miles. RECOMMENDATION: Staff recommends the Board of Supervisors approve this resolution and authorize the County Administrator to forward it to the VDOT for its review and consideration. P8 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-OS-03 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, May 7, 2012, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Virginia Department of Transportation is charged with the responsibility of insuring that the speed limits established on these secondary roads provide both the protection, consideration of the public and posting of those speeds; and WHEREAS, the Museville Road (SR 626), from the intersection of the Sago Road (SR 969) and Museville Road to the intersection of Anderson Mill Road (SR 649) and the Museville Road, a distance of approximately 1.5 miles, in the Callands-Gretna District appears to have a need for reduction in speed to 35 miles per hour due to safety factors, heavy traffic use and congestion in a residential area; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully request the Virginia Department of Transportation to review the speed limit on Museville Road (SR 626), from the intersection of the Sago Road (SR 969) and Museville Road to the intersection of Anderson Mill Road (SR 649) and the Museville Road, a distance of approximately 1.5 miles. Given under my hand this 7~' day of May, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P9 map of anderson mill road in pittsylvania county va - Google Maps Go.~gle Page 1 of 1 To see al! the details that are visible on the screen, use the "Print" link next to the map. http://maps.google.com/maps?h1=en&bav=on.2,or.rP ~ o~.r~w.,cf.osb&biw=1011 &bih=677... 5/2/2012 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: County Owned Radio Towers AGENDA DATE: OS-07-2012 ITEM NUMBER: 4(c) SUBJECT/PROPOSAL/REOUEST: Tower Exemption STAFF CONTACT(S): Mr. William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: INFORMATION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Section 35-50 of the Pittsylvania County Zoning Ordinance: Exemptions; Under 35-50, Subsection 3, of the Zoning Ordinance states "Property owned by Pittsylvania County or any designated agent of Pittsylvania County which is devoted to or intended for government uses is exempt from this Zoning Ordinance ". DISCUSSION: In order to insure that we have entered into the minutes that the Board of Supervisors agrees with the exemption under 35-50 of the new radio towers being placed on County property, it is Legal Counsel's opinion that the Board of Supervisors must invoke the exemption under 35-50 for the designated sites for the radio towers, which include: the Grit compactor site, the Mt. Airy compactor site; Rockford School Road compactor site; the Callands compactor site; the Cascade compactor site; and the Dan River Middle School site. Attached hereto is a map showing the locations of those sites. RECOMMENDATION: Staff recommends the Board of Supervisors pass a motion invoking the exemptions under Section 35-50 of the Pittsylvania County Zoning Ordinance in relation to the location of the required E911 radio towers at the referenced compactor sites. P11 Nothing contained herein shall require any change in the plans or construction of any building or structure for which a permit was granted prior, to the effective date of this ordinance. However, if such construction does not commence within thirty (30) days after this ordinance becomes effective, or if construction discontinued for a period of six (6) months or more, further construction shall be in conformity with the provisions of this Ordinance for the district in which the operation is located. SEC. 35-50. EXEMPTIONS. The following structures and uses shall be exempt from the regulations of this Ordinance. 1. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, water or the collection of sewage or surface water operated or maintained by a governmental entity or a public utility or public service corporation including customer, meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground or above ground, but only when such facilities are located in a street right-of--way or in an easement less that forty (40) feet in width. The exemption shall not include any substation located on or above the surface of the ground or any such distribution facility located in an easement of forty (40) feet or more in width. 2. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of--way, and maintenance and repair work on such facilities and equipment. 3. Property owned by Pittsylvania County or any designated agent of Pittsylvania County which is devoted to or intended for government uses is exempt from this Zoning Ordinance. The following structures shall be exempt from the minimum yard requirements set forth in this Ordinance: telephone booth and pedestals, underground utility equipment, mail boxes, or any similar structure or equipment which in the opinion of the Zoning Administrator is obviously intended to be otherwise located in the public interest, and are not incongruent with the aesthetic standards of the surrounding area. SEC. 35-51. USES EXEMPT FROM A ZONING PERMIT. The following uses are exempt from zoning permit requirements. Incidental agriculture is permitted in any district that allows residential uses provided that such agricultural use shall not occupy over five (5) acres and shall not be objectionable by reason of odor, dust, noise, pollution and erosion or drainage. 2. Within districts that agriculture is permitted by right, such agricultural uses shall not require a zoning permit, except as otherwise provided herein. Yard sales and garage sales by the resident owner, and sales conducted by non-profit organizations shall be exempt from zoning permit requirements, provided that such sales are limited to forty-eight (48) hours per sale and no more than two (2) such sales per year. P12 Scale -miles 0 20 n P13 LNG OF gEA CIT1zENs p16 CONSENT AGENDA p1~ Regular Meeting April 2, 2012 Pittsylvania County Board of Supervisors Monday, Apri12, 2012 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, April 2, 2012 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:05 p.m. The following members were present: Tim Barber James Snead Coy E. Harville Jessie L. Barksdale Jerry A. Hagerman Brenda H. Bowman Marshall Ecker Tunstall District Dan River District Westover District Banister District Callands-Gretna District Chatham-Blairs District Staunton River District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber recognized Boy Scout Troop#372 from Ringgold, Virginia that was attending the meeting to earn a merit badge. The Troop led the Pledge of Allegiance. Approval of Asenda Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve the agenda with the following additions/deletions: Additions: (a) Tri-County Relicensing Committee Appropriation (b) Purchase of Service Weapon by Retiring Sheriffls Deputy (c) Metropolitan Planning Organization Resolutions Deletion: Item #6-Local Representatives to the Virginia General Assembly Mr. Snead's motion was unanimously approved by the Board. Hearing of the Citizens Mr. Matthew Speck of the Staunton River District thanked the Board of Supervisors for all they do for the citizens of the County and said a word of prayer. Ms. Faith Crews of the Staunton River District and education at Chatham Elementary School asked the Board to re-visit and consider imposing a Business Property and License Tax to help generate revenue for the County. Ms. Ellen Mayhew of the Callands-Gretna District and second grade teacher at Mt. Airy Elementary School made comments concerning lost positions at her school that she felt this would negatively impact the children and asked the Board to re-consider increasing school funding in the FY2012/13 budget. Ms. Lisa Amos, also of the Staunton River District, supported the previous comments made on school funding. Ms. Barbara Hudson of the Callands-Gretna District, made comments concerning the County's ordinance on new waterlines requirements in comparison to how the Whispering Pines waterline was installed and; made comments concerning her opinion on how the Pittsylvania County Service Authority is not being properly managed. P18 Regular Meeting Apri12, 2012 Mr. Richard Shumate of the Westover District made comments opposing further development of the Mega Park, comments on the payback of grants funds that constructed the rail spur to Swedwood in the Cane Creek Industrial Park, comments opposing the proposed Solid Waste Fee, and comments opposing new waterline construction if people along the proposed waterline weren't made to connect to the waterline once it was completed. Ms. Nancy Smith of the Tunstall District felt the Pittsylvania County Service Authority would be self-sufficient if when a waterline was installed, everyone along that waterline was required to connect. Ms. Smith made further comments regarding accountability of Comprehensive Services Act funds and that the citizens of the County need to become more active in checking out what's going on with County government. Ms. Karen Maute of the Westover District thanked Mr. Hunt for promptly helping her with a Freedom of Information Request; asked if the County knew who was serving on the Department of Mines, Minerals and Energy's (DMME) uranium committee and would like the Board of Supervisors to consider talking to Ms. Karen France at DMME and see if DMME would consider putting someone from Pittsylvania County on the uranium committee. Ms. Maute also said she would like to see the Board of Supervisors form a citizen committee on studying what kind of impact uranium mining would have in the County, and to compile findings from all the studies done thus far from other groups, and report back to the Board their findings. This concluded the Hearing of the Citizens. Consent Agenda a) Minutes: March O5, 2012 -Regular Meeting March 13, 2012 -Retreat March 14, 2012 -Retreat March 15, 2012 -Work Session March 15, 2012 -Joint Meeting - Pittsylvania County Board of Supervisors &Pittsylvania County Service Authority March 20, 2012 -Adjourned Meeting (b) Bill List -March 2012 (online) (c) Resolution -Bobby Burnett Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the Consent Agenda, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-02 VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Monday, April 2, 2012, the following resolution was presented and adopted. WHEREAS, Mr. Bobby P. Burnett has served as the Chatham-Blairs District representative on the Pittsylvania County Service Authority Board of Commissioners; and WHEREAS, Mr. Bobby P. Burnett has served Pittsylvania County on the Service Authority Board of Commissioners for 8 years, providing faithful service, wise counsel and expertise in providing water and sewer services in Pittsylvania County from 2004 until April 2012; and P19 Regulaz Meeting Apri12, 2012 WHEREAS, not only has Mr. Bobby P. Burnett represented the Chatham-Blairs District as a Commissioner for the Pittsylvania County Service Authority, but has also previously served the citizens of Pittsylvania County as the Chatham-Blairs District Representative to the Pittsylvania County Planning Commission for 13 years, beginning in 1983 until November 1, 1996; and also served on the Consumer Rationing Board; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere appreciation to Mr. Bobby P. Burnett for his outstanding leadership, counseling and expertise on the behalf of the citizens of Pittsylvania County for his service as a Commissioner for the Pittsylvania County Service Authority; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Mr. Bobby P. Bumette on the behalf of the Pittsylvania County Board of Supervisors. New Business Motion was made by Mr. Ecker, seconded by Mr. Bazksdale, to approve the Operation and Maintenance Agreement between the Pittsylvania County Board of Supervisors and the Pittsylvania County Service Authority, and authorize the County Administrator to sign on the behalf of Pittsylvania County, which was unanimously approved by the Board. This agreement was a requirement for closing out the Economic Development Authority grants for the sanitary sewer project to serve Lot 3 and Lot 9 at the Cane Creek Centre Industrial Park. Motion was made by Ms. Bowman, seconded by Mr. Harville, to set a public hearing for April 17, 2012 for a proposed amendment to Chapter 2-22; Running at Large Restrictions, to the Pittsylvania County Code for citizen input to include a petition of 51 % of the property owners supporting a proposed animal controlled area of the Dogwood Estates Subdivision. Ms. Bowman's motion was unanimously approved by the Boazd. Motion was made by Mr. Barksdale, seconded by Mr. Ecker, to approve Resolution 2012-04-01; a resolution supporting Piedmont BioProducts, LLC's placement and construction of a full size bio refinery in Pittsylvania County. This resolution also conveys that should Piedmont BioProducts, LLC, apply for and receive research and development grant funds from the Tobacco Commission, Pittsylvania County would agree to serve as the required fiscal agent for the grant, with no fund being required from Pittsylvania County. Mr. Barksdale's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-01 At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Monday, April 2, 2012, the following resolution was presented and adopted. WHEREAS, Piedmont BioProducts, LLC is an existing renewable resource company that operates a model bioproducts research facility in the Callands-Gretna District of Pittsylvania County; and WHEREAS, Piedmont-BioProducts, LLC intends to build a full size operating bio- refinery within Pittsylvania County, Virginia; and P20 Regular Meeting Apri12, 2012 WHEREAS, the construction of this operating refinery will produce new jobs and additional tax base for Pittsylvania County, improving the economic vitality of the entire region; and WHEREAS, construction of this facility will open a new value added market for the agricultural sector of Pittsylvania County; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County confirms that it will support the building of this refinery on a site lawfully designated for such a facility in Pittsylvania County; and BE IT FURTHER RESOLVED, that the Board of Supervisors agree that this project is consistent with the Comprehensive Plan of Pittsylvania County; and BE IT STILL FURTHER RESOLVED, that in the event that Piedmont BioProducts, LLC applies for research and development funds from the Virginia Tobacco Commission, that Pittsylvania County will serve as the required local fiscal agent for the grant with no funds being required from Pittsylvania County. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve four (4) livestock claims that had been investigated by the County's Animal Control and found to be valid claims, that total $1,468.00, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve Resolution 2012- 04-03, Line of Duty Resolution, to Opt out of the Virginia Retirement System for the Line of Duty Act and approve VACORP as the provider for the Line of Duty Act coverage, and authorize the County Administrator to sign the resolution on the behalf of the Board of Supervisors, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-03 Irrevocable Election Not to Participate in Line of Duty Act Fund WHEREAS, pursuant to Item 258 of the 2010 Appropriation Act, paragraph B, the Virginia General Assembly has established the Line of Duty Act Fund (the "Fund") for the payment of benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1-400 et seq.); and WHEREAS, for purposes of administration of the Fund, a political subdivision with covered employees (including volunteers pursuant to paragraph B2 of Item 258 of the 2010 Appropriation Act) may make an irrevocable election on or before July 1, 2012, to be deemed a non-participating employer fully responsible for self-funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and WHEREAS, it is the intent of Pittsylvania County to make this irrevocable election to be a non- participating employer with respect to the Fund; NOW, THEREFORE, IT IS HEREBY RESOLVED that Pittsylvania County irrevocably elects to be deemed anon-participating employer fully responsible for self-funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and it is further P21 Regular Meeting Apri12, 2012 RESOLVED that the following entities: Pittsylvania County Sheriff's Office Bachelors Hall VFD Blairs VFD & Rescue Brosville VFD Callands VFD & Rescue Cascade VFD Chatham VFD Climax VFD Cool Branch VFD Dry Fork VFD Gretna VFD Hurt VFD Keeling VFD Kentuck VFD Laurel Grove VFD & Rescue Mt. Cross VFD & Rescue Mt. Hermon VFD & Rescue Renan VFD Riceville-Java VFD Ringgold VFD Riverbend VFD Tunstall VFD & Rescue 640 Rescue Chatham Rescue Cool Branch Rescue Gretna Rescue ~mitn iviountam nnanne Laze v r li to the best of the knowledge of Pittsylvania County, constitute the population of its past and present covered employees under the Line of Duty Act; and it is further RESOLVED, that as anon-participating employer, Pittsylvania County agrees that it will be responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit payments (relating to existing, pending or prospective claims) approved and made by the State Comptroller on behalf of Pittsylvania County on or after July 1, 2012 except for benefits paid on your behalf for FY 2012; and it is further RESOLVED, that as anon-participating employer, Pittsylvania County agrees that it will reimburse the State Comptroller an amount representing reasonable costs incurred and associated, directly and indirectly, with the administration, management and investment of the Fund; and it is further RESOLVED, that Pittsylvania County shall reimburse the State Comptroller no more frequently than on a monthly basis for amounts invoiced by the State Comptroller. Motion was made by Mr. Harville, seconded by Mr. Barksdale to amend the library's budget and appropriate a total of $4,828.00 collected in fax machine receipts during the period of July 2011 to February 2012 to the books and subscriptions line item (100-4-073100-6012). The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, for 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 motion required a 10-Day Layover. P22 Regulaz Meeting Apri12, 2012 Motion was made by Mr. Snead, seconded by Ms. Bowman, to authorize the purchase of twelve (12) cushions from Church Interiors of High Point, North Carolina, for the benches in the Circuit Courtroom, at a total cost of $2,720.00 that will come from General Funds. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by the Board. Added Items Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve an appropriation of $10,000 for Pittsylvania County's portion of committee operating funds for the Tri-County Relicensing Committee (line item 310-4-094150-818117). This motion required a 10-Day Layover. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Sheriff Taylor's request that retired Deputy Sheriff Larry Morris be allowed to purchase his issued service weapon, in accordance with §59.1-148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended, covers the circumstances pertaining to officers being allowed to purchase their issued service weapons and Sheriff Taylor's request meets all the requirements of the State code. Mr. Snead's motion was unanimously approved by the Board. Mr. Harville made a motion, seconded by Mr. Snead, to authorize the County Administrator to write letters of support to U.S. Congressman Robert Hurt; U.S. Senators Jim Web and Mark Warner; State Senators Bill Stanley and Frank Ruff; and State Delegates Danny Marshall, Don Merricks and Charles Poindexter, encouraging them to support keeping the Metropolitan Planning Organizations in place and funded. Mr. Harville's motion was unanimously approved by the Board. Annointments Motion was made by Ms. Bowman, seconded by Mr. Ecker, to appoint Herschel Stone as the Chatham-Blairs representative to the Pittsylvania County Service Authority Board of Commissioners, which was unanimously approved by the Board. Board Announcements Mr. Snead thanked the Boy Scouts for attending the Board's meeting; and thanked the teachers for their input. Mr. Harville also thanked the Boy Scouts for attending, and thanked their leaders for their contributions in shaping the lives of these young citizens. Mr. Harville also thanked the teachers for coming to the meetings and giving their views on budget concerns. Closed Meeting Motion was made by Mr. Snead, seconded by Mr. Harville, to go into Closed Meeting for the following purpose: Closed Session: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) Code of Virginia, 1950, as amended Subject Matter: Recreation Purpose: Negotiation of Purchase of Real Property P23 Regular Meeting Apri12, 2012 Mr. Snead's motion was unanimously approved by the Board. Closed Meeting began at 8:30pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to return to Open Meeting, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on April 2, 2012 the Board hereby certifies by a recorded vote that to the best of each boazd member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Jerry A. Hagerman Yes Marshall A. Ecker Yes Brenda H. Bowman Yes Coy E. Harville No James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board re-entered Open Meeting at 9:15pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Barksdale to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 9:Ibpm. P24 Public Hearing-School and Annual Budget FY2012/13 April 10, 2012 Pittsylvania County Board of Supervisors Monday, Apri110, 2012 Pu61ic Hearings FY2012/13 Pittsylvania County School and Annual County Budget VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Monday, April 10, 2012 in the Pittsylvania County School Educational and Cultural auditorium located at 39 Banks Street in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:1 lp.m. The following members were present: Tim Barber Tunstall District Coy E. Harville Westover District James Snead Dan River District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Marshall Ecker Staunton River District Brenda H. Bowman Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Ms. Kimberly Van Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber led the Pledge of Allegiance. APPROVAL OF AGENDA Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the agenda, which was unanimously approved by the Board. HEARING OF THE CITIZENS There were no sign ups to speak. PUBLIC HEARINGS FY2012/13 PROPOSED PITTSYLVANIA COUNTY SCHOOL BUDGET 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 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. SCHOOL BOARD Adopted Proposed P25 Public Hearing-School and Annual Budget FY2012/13 April 10, 2012 Budget Budget 2011-2012 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 $ 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 Mr. Barber opened the public hearing at 7:12pm. Mr. Sleeper gave a synopsis of the proposed FY2012/13 School Budget and how decisions made by the Commonwealth's General Assembly have greatly impacted local government in regards to their funding ability. The first person to speak was Ms. Anne Richards, of the Chatham-Blairs District and former county teacher, who made complaints about the county's pay-back of Comprehensive Services Act when it seemed apparent that the school system did not supervise their program property and doesn't think the County and taxpayers should be paying back this money; that it should come out of the school's budget. Next, Mr. Gary Thomas of the Callands-Gretna, made comments on potential state increases to the school budgets, VSRS proposals on stepped payments, and comments on the State of Virginia using VRS funds to balance their last year's budget. The Reverend Joan Tarpley-Robinson, of the Banister District and also a retired educator, stated that education is a must for the County and important for students who are competing in a global society; that students look to their adults to see they are able to compete in such a world so they can grow up to take care of us; and asked the Board to consider supporting a budget that will help children. Mr. Willie Fitzgerald, of the Callands-Gretna District and President of the local chapter of the NAACP, stated that even when economic times were good, past Boards only supported the schools with a minimum required budget and that at some point, new favorable jobs will not come into an area that doesn't support a good education system. Mr. Fitzgerald stated that when people run for the supervisor positions, they claim they support education in the County and now it's time to put up what they claimed during their campaigns and support the schools adequately. P26 Public Hearing-School and Annual Budget FY2012/13 April 10, 2012 2011-2012 2012-2013 REVENUES ADOPTED PROPOSED 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 Mr. Barber opened the public hearing at 7:44pm. Mr. Sleeper gave synopsis of the current County budget proposal, also noting impacts that the General Assembly has already made this year and that until the General Assembly voted on a State budget, it was highly likely the impacts would continue to occur on how localities would be able to fund their own budgets. Mr. Kerry Richards, of the Chatham-Blairs District, stated from the perspective of a senior citizen on a fixed income, many senior citizens in the County cannot afford a tax increase and the Board needed to take this into consideration before adopting a budget with tax increases. Mr. Gary Thomas of the Callands-Gretna District, made comments about County misfunding, referencing the Comprehensive Services Act pay-backs, concerned reassessments nothing but a real estate tax increase, and wanted more transparency in local government. Mr. Gerry Caprasio of the Staunton River District, was concerned about potential personal property tax increases, the potential Solid Waste Fees, and any overall tax/fee increases in the upcoming budget. Mr. George Stanhope of the Callands-Gretna District stated the schools should be paying back the CSA funds that were mishandled, questioned if the Industrial Development Authority was preparing to issue bonds and why aren't the citizens allowed to vote on authority issued bonds, and that the school board wasted a lot of money on the storage buildings at the four high schools that could have gone towards teacher salaries, positions and education. Mr. Darriel Burnett of the Chatham-Blairs District stated nothing could really be done until the State finalizes its budget and once that was done, and the Board needed to start running the County like a business. Mr. Richard Shumate of the Westover District stated the County needed to stop new projects and stop working on industrial parks like the Mega Park until economic times were better. Mr. Steve Matherly of the Chatham-Blairs District stated the Board had no vision and with a vision and mission statement, they could not carry the County into better economic times. Mr. Joe Spence of the Dan River District stated the Sheriff's Office and County were not providing adequate services to its citizens, and neither was the Health Department. Ms. Nancy Smith of the Tunstall District stated she felt the Solid Waste Fee would be double taxing since the citizens already paid taxes that were supposed to be helping support the landfill; that the Pittsylvania County Service Authority should be done away with and that department should come under the County government with a certified engineer as its director. Mr. James Dehart of the Westover District stated the County would have plenty of money if it would stop spending it on residential waterlines, industrial parks and other programs it didn't have funds to construct. P28 Public Hearing-School and Annual Budget FY2012/13 April 10, 2012 The citizens voted to improve the schools knowing it would result in increased taxes to pay those construction bonds and the supervisors should start imposing the taxes voted for. Mr. Fitzgerald concluded that financial times didn't appear to be as bad as everyone makes out since residents are still out spending money for things like eating out and shopping. Mr. Joe Spence of the Dan River District wondered where all the lottery money that was supposed to be supporting the school systems was going; and believed that perhaps instead of all the high technology, kids should be taught again from regular books. The last person to speak was Ms. Deborah Lovelace from the Callands-Gretna District, who was a strong supporter of the education system; that teachers needed to be adequately compensated for all the hard work and effort they spend educating the children of Pittsylvania County; that there should be a better funneling of funds to each school than was occurring; and that to save money, school systems should start trimming positions and salaries from top administration before they cut out teaching positions. No one else signed to speak. FY2012/13 PROPOSED PITTYSLVANIA COUNTY BUDGET 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. 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 P27 Public Hearing-School and Annual Budget FY2012/13 April 10, 2012 ADJOURNMENT Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:20pm. P29 Work Session March 15, 2012 Pittsylvania County Board of Supervisors Thursday, March 15, 2012 Work Session VIRGINIA: A Work Session of the Pittsylvania County Board of Supervisors was held on Thursday, March 15, 2012 in Conference Room 2 of the Captain Martin Building in Chatham, Virginia. Tim R. Barber, Chairman, called the Board of Supervisors meeting to order at 6:10 p.m. The following members were present: Tim R. Barber James H. Snead Jessie L. Barksdale Marshall A. Ecker Jerry A. Hagerman Brenda H. Bowman Coy E. Harville Tunstall District Dan River District Banister District Staunton River District Callands-Gretna District Chatham-Blairs District Westover District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Randy Hamilton, Director of Programming & Investment Management for the Virginia Department of Transportation (VDOT), Kenneth Martin, Residency Administrator -VDOT, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Motion was made by Mr. Ecker, seconded by Mr. Harville to approve the agenda with the addition of discussion of Derby Road, which was unanimously approved by the Board. New Business Mr. Randy Hamilton gave out handouts concerning the Virginia Department of Transportation's proposals for Pittsylvania County's VDOT 6-Year Plan, which included a draft of allocations and approved secondary system construction plans. Mr. Hamilton proposed to schedule a public hearing for citizen input in June 2012, so a list from the Board members on roads not on the list that they would like to be considered needed to be submitted to him as soon as possible. Bridges that were scheduled for work in Pittsylvania County in the upcoming weeks were discussed, as well as potential roads the Board members wanted considered for the 6-Year Plan. The issue with No Through Trucks on SR 734/Ringgold Road was discussed, and Mr. Martin and Mr. Hamilton suggested it be resubmitted to VDOT in order to get this issue cleared up. Mr. Sleeper told the Board of Supervisors to email him a list with the roads they wanted included in the plan so he could compile the information and send it on to Mr. Hamilton. Adiournment Motion was made by Mr. Harville, seconded by Mr. Hagerman, to adjourn, which was unanimously approved by the Board. P30 Adjourned Meeting April 1?, 2012 Pittsylvania County Board of Supervisors Tuesday, Apri117, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, April 17, 2012 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:07p.m. The following members were present: Tim Barber Coy E. Harville James Snead Jessie L. Barksdale Jerry A. Hagerman Marshall Ecker Brenda H. Bowman Tunstall District Westover District Dan River District Banister District Callands-Gretna District Staunton River District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, Odie H. Shelton, Jr., Director of Code Compliance, Kenneth L. Bowman, Director of Economic Development, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber led the Pledge of Allegiance. Aaaroval of Agenda Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the agenda with the following additionldeletion Addition (a) Roanoke River Basin Association -Membership Deletion Item 5(c) under Consent Agenda-Proclamation for Business Appreciation Week Mr. Ecker's motion was unanimously approved by the Board. Hearing of the Citizens Mr. Jason Andrews, of the Callands-Gretna District, thanked the Board for all they do for the County and offered a word of prayer. Mr. Phillip Lovelace, of the Callands-Gretna District, reminded everyone that on June 18`f' the Sub-Committee concerning the Uranium Mining Study would be back at Chatham High School and that the Board should start becoming more involved in this issue. Mr. Richard Shumate, of the Westover District, made comments concerning the County budget and that money should only be spent on necessity items and it was not a time to go into debt for projects that it didn't appear the County could afford at this time. This concluded the Hearing of the Citizens. Consent Agenda (a) Regional One -May 2012 (b) Resolutions for Community Service (Recreation) -David Bullins, George Henderson, Vernon Moon (d) Proclamation -Law Day, May 1, 2012 P31 Adjourned Meeting April 17, 2012 (e) Blairs Community Center -Statement of Accounts and Annual Lease -approval of annual lease to continue on a month to month basis with the Pittsylvania County Youth Sports League and to accept the Statement of Accounts for 2011 (f) Ratify Amendment to Tower Lease -Ratification of the signature of the first amendment to the Tower Lease by the County Administrator extending the Appalachian Power Company (APCO) lease for ten (10) years Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve the Consent Agenda with the exception of Item C, which had already been removed during the Approval of the Agenda. Mr. Harville's motion was unanimously approved by the Board. The Board of Supervisors then presented Mr. David Bullins, Mr. George Henderson, and Mr. Vernon Moon with Resolutions for Community Service, thanking them for their years of dedication and contribution towards youth recreation in Pittsylvania County. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-05 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, 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 years; and Whereas, David Bullins has coached youth football in Southside, Virginia for over 41 years, working 5 years with the Stanleytown Youth League in Bassett and 37 years in Danville and Pittsylvania County leagues, providing guidance, training and assistance for children participating in those leagues; and Whereas, during the 31 years David Bullins has coached the Pittsylvania County Youth Football League, his A Team has won the championship for the past 4 years, and during his tenure David has coached 455 games, winning 352 of them, making his career as a coach outstanding by achieving a 75% winning record; and Whereas, David Bullins' volunteering during the early years of the Pittsylvania County Youth recreation program helped to provide guidance to many children since the 1970s that have gone on to careers 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 Board 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 P32 Adjourned Meeting April 17, 2012 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. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 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 yeaz 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. P33 Adjourned Meeting April 17, 2012 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 Gretna High School Athletic Booster Program, particularly 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 spearheaded the projects that improved the football field's north end zone to improve the safety and appearance 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 Gretna 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 P34 Adjourned Meeting April 17, 2012 BE IT FURTHER RESOLVED that a copy of this resolution be presented to L. Vernon Moon of Gretna, Virginia. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION LAW DAY 2012 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. At this time, the Chairman moved introduced Ms. Stephanie Ferrugia from Get Fit Dan River Region, who gave a brief presentation promoting "Screen Free Week", which will be held April 30 -May 6, 2oi2, that is a partnership effort between "Get Fit Dan River Region" and the Virginia Foundation for Healthy Youth. Pittsylvania County was asked to adopt a resolution in support of Screen Free Week, which is an effort to encourage schools, families and communities to turn off screens of various devices (including televisions, computers, video game consoles and cell phones) and explore other ways of spending free time together. A motion was made by Mr. Snead, seconded by Mr. Barksdale, to adopt Resolution 2oi2-o4-04, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-04-04 VIRGINIA: At an 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 P35 Adjourned Meeting April 17, 2012 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. 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) Mr. Barber opened the public hearing at 7:32pm. Mr. Shelton explained that Christopher Doss had petitioned to rezone o.43 acre (part of 0.94 acres), located on SR 676/Taylors Mill Road, n the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjoining parcel, GPIN #2439-27-3878 zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Chris Doss was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:33pm. Mr. Hagerman made a motion, seconded by Mr. Ecker, to approve rezoning R-12-012 from R-1 to A-1. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. The Board unanimously approved Mr. Hagerman's motion to rezone R-12-012 from R-1 to A-1. Case 2: Joseph C. Heath; Callands-Gretna District: R-12-013 (R-1, Residential Suburban Subdivision District to A-1-, Agricultural District) Mr. Barber opened the public hearing at 7:34pm. Mr. Shelton explained that Mr. Joseph C. Heath had petitioned to rezone a total of 17.88 acres, more or less, three parcels of land, located on SR 612Banister Road, in the Callands-Gretna Election District, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use-horses and a horse stable). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Heath was present to represent the petition and no one signed up to speak. Mr. Barber closed the public hearing at 7:35pm. Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to approve rezoning R-12-013 from R-1 to A-1. The following Roll P36 Adjourned Meeting April 17, 2012 Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville- Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. The Board unanimously approved Mr. Hagerman's motion to rezone R-12-013 from R-1 to A-1. Case 3: MMB Properties, LLC; Callands-Gretna District: R-12-014 (R-1, Residential Suburban Subdivision District to A-1-, Agricultural District) Mr. Barber opened the public hearing at 7:36pm. Mr. Shelton explained that MMB Properties, LLC, had petitioned to rezone 1.20 acres, located on Cherokee Circle, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the adjacent parcels of land). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Doug Dalton was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:36pm. Motion was made by Mr. Hagerman, seconded by Mr. Ecker, to approve rezoning R-12-014 from R-1 to A-1. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Bazksdale- Yes; Mr. Hagerman-Yes; and Mr. Barber-Yes. The Board unanimously approved Mr. Hagerman's motion to rezone R-12-014 from R-1 to A-1. 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) Mr. Barber opened the public hearing at 7:37pm. Mr. Shelton explained that Mr. Christopher Robinson had petitioned to rezone a pazcel of land (no size on the Commissioner of Revenue's records), located on SR 947/Mountain Hill Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District and B-2, Business District, General to RMF, Residential Multi-Family District (for three (3) apartments in the existing structure). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Robinson was present to represent the petition and no one signed up to speak. Mr. Barber closed the public hearing at 7:39pm. Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve rezoning R-12-015 from DZ (R-1 and B-2) to RMF. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Mr. Snead's motion to rezone R-12- O15from DZ to RFM was unanimously approved by the Boazd. Case 5: Dorothy W. Myers; Chatham-Blairs District: R-12-016 (R-1, Residential Suburban Subdivision District to A-1-, Agricultural District) Mr. Barber opened the public hearing at 7:42pm. Mr. Shelton explained that Dorothy Myers had petitioned to rezone 1.01 acres, located on SR 839/Waller Lane, in the Chatham- Blairs Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the adjoin parcels of land). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Eleanor Jones, sister to Ms. Myers, was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:43pm. Motion was made by Ms. Bowman, seconded by Mr. Harville, to rezone R-12-016 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead- Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; and Mr. Barber-Yes. Ms. Bowman's motion was unanimously approved by the Board. P37 Adjourned Meeting April 17, 2012 Case 6: Jonathan Carroll Rigney & Others; Callands-Gretna District: R-12-017 (R-1, Residential Suburban Subdivision District to A-1-, Agricultural District) Mr. Barber opened the public hearing at 7:43pm. Mr. Shelton explained that Mr. Jonathan Carroll Rigney and Others have petitioned to rezone 20.19 acres, located off SR 799/Climax Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for future subdivision of the property for family members). The Planning Commission, with no opposition, recommended approved the petitioner's request. Mr. Justin Gane was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:44pm. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve rezoning R-12-017 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Hagerman's motion was unanimously approved by the Board. This concluded the Re-zoning Cased. 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 Lane, Maple Drive, John Drive and Allen Place. Mr. Barber opened the public hearing at 7:45pm. Mr. Sleeper explained that staff received a petition from residents of the Dogwood Estates Subdivision for the following roads within the subdivision: Dogwood Lane, 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. Mr. Harold Elixson, of 1920 Allen Place, stated there was a significant problem with dogs running unattended in within the subdivision; some residents actually drove their cars to their mailboxes because they were so afraid of some of the dogs who were running loose; and one resident actually had significant damage to a storage building (over $600) that dogs had torn the metal siding off of, apparently after a rabbit; some people had been bitten by dogs; and some owners of smaller dogs were unable to walk their dogs for the larger dogs trying to attack the smaller dogs. Mr. Elixson was in support of restricting the area. No one else signed up to speak and Mr. Barber closed the public hearing at 7:48pm. Motion was made by Ms. Bowman, seconded by Mr. Ecker, to approve the petitioners' request and amend Section 2-22; Running at Large Restrictions, of the Pittsylvania County Code, to include Dogwood Lane, Maple Drive, John Drive and Allen Place of the Dogwood Subdivision. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; and Mr. Barber-Yes. Ms. Bowman's motion was unanimously approved by the Board. 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. Mr. Barber opened the public hearing at 7:SOpm. Mr. Sleeper explained 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. The proposed changes for Chapter 12 redefined what a solicitor and peddler is and it establishes penalties for P38 Adjourned Meeting April 17, 2012 those who fail to comply with the requirements of the code; it also requires registration with the Sheriff s 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. Mr. Richard Shumate, of the Westover District, spoke in favor of the proposed amendment. No one else signed up to speak. Mr. Barber closed the public hearing at 7:51 pm. Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve the proposed amendment to Chapter 12.9-Solicitors and Peddlers, of the Pittsylvania County Code, and that the amendment would take effect immediately. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. This concluded the Public Hearings. Unfinished Business At the April 2, 2012 meeting of the Board of Supervisors, a motion was made by Mr. Harville, seconded by Mr. Snead, for 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 motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. At the April 2, 2012 meeting of the Board of Supervisors, a motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve an appropriation of $10,000 for Pittsylvania County's portion of committee operating funds for the Tri-County Relicensing Committee (line item 310-4-094150-818117). This motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Barksdales's motion was unanimously approved by the Board. New Business Ms. Paulette Dean, Executive Director for the Danville Area Humane Society (DAHS), appeared before the Board of Supervisors to give updates on both the DAHS and the newly opened E. Stuart James Grant Adoption Center for animals. The Board thanks Ms. Dean for all the work the Humane Society does for Pittsylvania County and the City of Danville. Motion came from the Legislative Committee to set a public hearing date to receive citizen input on a proposed amendment to the Pittsylvania County Code to incorporate a solid waste fee. The Board unanimously approved the Committee's motion and set a public hearing date of May 7, 2012. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve and appropriate $15,000 for a J.T. Minnie Maude Grant recently received by the Pittsylvania County Parks and Recreation Department that did not require a local match and was to be used towards "the youth sports fields". The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. P39 Adjourned Meeting April 17, 2012 Motion was made by Mr. Harville, seconded by Mr. Ecker, to 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. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Bazksdale- Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-yes; Mr. Harville-Yes; and Mr. Barber- Yes. Mr. Harville's motion was unanimously approved by the Board. Items 15 and 16, Annual School Budget for FY2012/2013 and Annual County Budget Resolution, were tabled. Motion was made by Mr. Harville, seconded by Ms. Bowman, to authorize the County Administrator to negotiate a contract with Wingate Appraisal Service to reassess the real estate of Pittsylvania County for the year 2013 and bring that contract back to the Board of supervisors for approval, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to accept a bid of $17,344.44 from TechaByte of Danville, Virginia as the lowest responsive bid for a telephone service system for the Captain Martin Building, and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Added Items Motion was made by Mr. Snead, seconded by Mr. Barksdale, to pay an annual dues membership fee of $100 for Mr. Ecker for membership with the Roanoke River Basin Association, which was unanimously approved by the Board. Board Announcements Mr. Hagerman made comments concerning the amounts of grant dollars that had been spent over the years on vazious industrial park projects, and waterline and sanitary sewer projects; of increased costs within the proposed parks and recreation budget and that all these item expenditures should be put on hold until economic times are better. Ms. Bowman reminded everyone of the countywide cleanup day on Saturday, April 21St ; that a major economic development announcement would be forthcoming at 11 am the following day; a new Dollar General Store was opening in the Mt. Hermon area; that she will be appearing on Chatmoss Cable; she would be holding a Town Hall meeting on May 31St; and that she now had a website constituents could contact her at and find County information: www.brendabowman.com. Mr. Ecker asked that a resolution for Mt. Airy School receiving the Title I Distinguished Award be placed on the May 7t" agenda. Mr. Barber reported he'd just received word from Delegate Danny Marshall that the General Assembly did not pass the State budget that day. Closed Meeting Motion was made by Mr. Snead, seconded by Mr. Barksdale, to go into Closed Meeting for the following purpose: Discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) Code of Virginia, 1950, as amended Subject Matter: old Chatham Elementary School Purpose: Discussion of Proposals P40 Adjourned Meeting April 17, 2012 Mr. Snead's motion was unanimously approved by the Board. The Board entered the Closed Meeting at 8:21 pm. Motion was made by Mr. Snead, seconded by Mr. Ecker, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on April 17, 2012 the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Marshall A. Ecker Yes Brenda H. Bowman Yes Jerry A. Hagerman Yes Coy E. Harville No James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes Mr. Harville stated that a parcel of land was discussed during Closed Meeting that was not on the agenda. The Board re-entered Open Session at 9:21 pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Ecker, which was unanimously approved by the Board. The meeting adjourned at 8:52pm. P41 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution - Mt. Airy Elementary School AGENDA DATE: OS-07-2012 ITEM NUMBER: 5(c) SUBJECT/PROPOSAL/REQUEST: Resolution of Recognition - Mt. Airy Elementary School Title I Distinguished School Award STAFF CONTACT(S): Mr. Sleeper ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: Title I of the federal Elementary and Secondary Education Act (ESEA), also known as the No Child Left Behind Act of 2001, provides funding to school divisions and schools for programs to raise the achievement of students identified as being as risk of academic failure. The federal education law requires schools and school divisions to meet annual objectives for increasing student achievement on statewide assessments in reading/language arts and mathematics. DISCUSSION: Attached hereto, is Resolution 2012-OS-02, recognizing and congratulating Mt. Airy Elementary School for being one of 92 schools in Virginia to achieve the Title I Distinguished School Award for the 2011-2012 school year. RECOMMENDATION: Staff recommends the Board of Supervisors approve and present this resolution to Ms. Joyce Wright, principal at Mt. Airy Elementary School, who will be representing the school at the Board's May 7, 2012 meeting. P42 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-OS-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, May 7, 2012, the following resolution was presented and adopted congratulating Mt. Airy Elementary School for receiving a 2012 Title I Distinguished School Award: WHEREAS, the Virginia Board of Education is honoring 92 of Virginia's 729 schools for raising the academic achievement of economically disadvantaged students, with the awards being based on student achievement on state assessments during the 2010-2011 and 2009-2010 school years; and WHEREAS, Mt. Airy Elementary School in Pittsylvania County has been recognized as a "Title I Distinguished School" for maintaining full state accreditation under the Commonwealth's Standards of Learning Program for two consecutive years, meeting federal benchmazks in reading and mathematics and having average test scores in both subjects at the 60`~ percentile or higher without using the safe harbor provision; and WHEREAS, the students and teachers of Mt. Airy Elementary School have brought recognition not only to themselves for the exemplary accomplishments and expertise, but to their school and to their County and its citizens and the Renan community; THEN BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration, and congratulations to Mt. Airy Elementary School for their dedication and achievement of academic excellence; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Mt. Airy Elementary School. Given under my hand this 7~' day of May, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P43 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Music Festival Permit -Town of Gretna SUBJECT/PROPOSAL/REQUEST: Town of Gretna Music Festival STAFF CONTACT(S): William D. Sleeper OS-07-2012 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: 5(d) INFORMATION: INFORMATION: BACKGROUND: The Town of Gretna has planned a music festival in conjunction with their Memorial Day Parade to be held on Saturday, May 26, 2012. DISCUSSION: Attached hereto, you will find a Music Festival Permit Application from the Town of Gretna, Virginia. This application has been reviewed and sent to the Department of Health, the Forestry Department, the Pittsylvania County Sheriff s Office and the Pittsylvania County Fire Marshal for their review and signatures. RECOMMENDATION: Staff recommends the Board of Supervisors approve the Music Festival Permit Application by the Town of Gretna for their music festival planned for May 26, 2012 and authorize the County Administrator to sign all necessary documents, pending the approval of the application and signatures by all departments as required in Chapter 10; Music Festivals, of the Pittsylvania County Code. P44 APPLICATION FOR PERMIT TO HAVE MUSICAL OR ENTERTAINMENT FESTIVAL CONDUCTED IN OPEN SPACE IN PITTSYLVANIA COUNTY, VA. Authority: Local Ordinance adopted June 30, 1973, pursuant to authority contained in Sections 15.2-1426 and 15.2-1427 of the Code of Virginia of 1950 as amended. Instructions: This application is to be filed in duplicate with the County Administrator's office at least twenty-one (21) days before the date of such festival. One copy of the application will be returned to the applicant after the Board of Supervisors passes on it and their decision is duly recorded thereon. If any portion of the application is omitted it will be automatically rejected. 1. (a) Name of Applicant TOvJ~ D-~ ~-tre `~-Ylt~, Age _ N~.Q (b) Address (local) '~. O. fix. t.,~p`'L . ~r~~{-r~.T~ la ~ 2~-~`7 (c} List any other address where applicant received mail: ty /~A (d) List all felony or moral turpitude criminal convictions of applicant with date and place, if any: ,l~l / A (e) Check the following descriptions which apply to applicant's interest: OCommercial OCharitable General Coordination ()Percentage Promoter (f) Financial Arrangements: List all persons, firms, or corporations, with addresses, who have any financial interest, with proposed costs, pro forma balance sheet or financial statements of promoters: ~9~W r-~ f?~ ~ ~fT ~-~CJh!~L~ ~C~OCJ1 C~ ~ ~ ~.~--1 P45 2. If persons other than applicant are to share in responsibility for conduct and liability of the Festival applied for list their names and addresses below: (If corporation or association, list officers and directors, State or Incorporation of place of association and attach certificate of good standing) 3. Location of Festival Site: (Be reasonably specific in size and description of site, and have owner of property sign two (2) copies of the application after filling in the blank space with his name) L--u.. ~-e.. C-~ ~-e~a I, Vy~d~ll 1f~~ ~CE1~c,~~' ,certify that the Festival Site in this application is located on property owned and/or controlled by me, and I fully understand that the granting of this permit by the Board of Supervisors of Pittsylvania County does not in any way obligate the County for damages to my property during the festival or as a result of the festival, and I guarantee the right of access to the festival site to all Federal, State, and Local regulatory, enforcement, or investigative officers in their duties to protect the public safety, health, and welfare. The nature and interest of the applicant in said property isT9wh t?F lafL'~+'1Ct-~~N+ne-r . Signed~Q ~l.l.~ •~~~-~ Date ~ 3 11- I endorse the above commitment: -, , . ~, Signed: -~ Date~~~ 4. (Total area accommodation plans should be limited to-not less than thirty (30) Sq. Ft. per person excluding area designated for parking) (a) Number of admission certificates (tickets, badges, buttons, or identification cards) to be offered for sale .......................................... (~~~ (b) Duplicate of wording to be used on such admission tickets: (If tickets are already printed a sample attached to this application is sufficient) (c) Best reasonable estimate of the number of p~sons expected to be in attendance at the festival '~/uJ I o~A 5 ('~-3 2 P46 5. A plan to provide food, water, sewerage, lodging and sanitation facilities, and medical first aid stations must be submitted to the jurisdiction's Health Department, with a copy of such plan attached to this application. If application is granted, the County land fill will provide garbage containers and pick up service. This application must have the Health Department approval of such plan, either in the form of a letter of approval or the proper signature below. APPROVAL OF HEALTH DEPARTMENT: This is to certify that provisions to supply food, water, sewerage and sanitation facilities, and medical first aid stations for the Festival planned in this application is apparently adequate. Signed: Date Director, Public Health Dept. 6. List special promoterslsponsors and addresses of this Festival, if any: ~~5 7. List the groups who will perform at this festival: Name of group Address Scheduled Time Date p.-, - ~ 6 2 12 ~ ~ - CQ < < ~~amoc,d lo~c~ _ to _ ~ , , 8. The Sheriff of Pittsylvania County or his designated representative must view the site, to determine feasibility and adequacy of the parking area, the stage for performances, lights, entrances and exits, and whether these locations may cause problems with lights and noises for the surrounding dwellings, also to determine if sufficient movement of traffic within the grounds has been planned; also to determine if the plans provide for adequate security or police protection. After his inspection and discussion of the plan his approval is necessary as indicated by his signature in the blank space following this paragraph. A copy of the plan for parking facilities and traffic control must be attached hereto. P47 8. (Continued) FOR THE SHERIFF'S APPROVAL: This it to certify that I have inspected the site for the Festival planned in this application and I find the provisions for traffic control and security seem to be adequate for approval. Signed: Sheriff or his designee Date 9. Agreeable by the County's representative of the Virginia Division of Forestry as not planned contrary to State Forestry Statutes and Regulations. Signed: Forestry representative Date 10. The planned Festival in this application is approved as not contrary to State and Local Fire control regulations. (A copy of the fire protection plan must be attached hereto) Signed: County Fire Marshal Signed: Captain, Vol. Fire Department serving area Date Date 11. If utilized, all outdoor lighting equipment will be installed by i~,~ ~1~ ~~ L , a licensed electrician, and will be in compliance with the jurisdiction's code for such use of electricity, and a plan showing location of lights and shielding devices or other equipment to prevent unreasonable glow beyond festival property is attached hereto. 12. An amplifying system will be furnished (each music group may furnish own system) by ~h+~... 11~1e'1~. i'~A..r~ and the applicant agrees to be responsible for keeping the audible volume within reasonable limits to serve the site and not be unreasonable audible beyond festival property. 13. RESPONSIBILITY: I, W eY1L~l./ ~'y . ~C 2a. r c.2, swear that all statements in this application as true to the best of my knowledge and belief and are in agreement with the Pittsylvania County ordinance on such festivals. Unless otherwise stated in item (2) of this application I assume full responsibility for the conduct of the festival. I further certify that I have read and been delivered a copy of the Pittsylvania County ordinance relating to Musical or Entertainment Festivals adopted June 30, 1973, and that approval by the Board of Supervisors is in no way to be considered or advertised as an endorsement, but only for purposes as set forth in said ordinance. I understand and agree that the said Board and county assume no liability of any kind, irrespective of cause, and I agree to save harmless said Board and County. I realize and have been WARNED, along with any others signing as applicants, that any willful material, false statement herein will constitute perjury with possible sentence if convicted. 4 P48 Signed: ~• DateZ If item (2) listed any names, each must sign below as concurring with the above responsibility item. Signed: Date Date Date STATE OF VIRGINIA County of Pittsylvania, to-wit: This is to certify that ~~~ g.~,-~ `~ , ~Ce C~ V~C Q ,whose signature is affixed to the foregoing appli ac ion personally appeared before me, a Notary Public, in my county and state aforesaid, and made oath on this ~ l ~ ~l, ~ day of ~ o - ~- that the facts set forth therein were accurate and tn{@-ttd~tHC~be,~t of his knowledge and belief. ```~~.`PG•~ H EDRIC~.,~'. - : 20 REG # l~~ : Q - - n : 355801 ~, = ~ ' COMMISSION ~ z = 3 :, ~PI~ S~ ..." .: ti~!3U.13. ;tip; Notary Pu is -'. cy • . My~sYbn expires the day of (' ~ ~~ 1d ~ 3 . 14. ACTION BY THE BOARD OF SUPERVISORS (To be duly executed and one copy returned to applicant) ()This application is approved by action of the Board of Supervisors. ()This application is rejected by action of the Board of Supervisors. As recorded in minutes of the meeting of the Board on Signed. Date County Administrator P49 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation -National Police Week AGENDA DATE: OS-07-2012 ITEM NUMBER: 5(e) SUBJECT/PROPOSAL/REOUEST: Proclamation STAFF CONTACT(S): Mr. Sleeper INFORMATION: INFORMATION: BACKGROUND: Each year, the Pittsylvania County Sheriff's Department, along with other law enforcement agencies of Pittsylvania County and Virginia, memorialize those officers who gave their lives in the line of duty to protect the citizens of Pittsylvania County and the Commonwealth of Virginia. DISCUSSION: Attached hereto, is a proclamation from the Pittsylvania County Board of Supervisors for National Police Week, May 13-19, 2012 in Pittsylvania County, thanking the law enforcement officers of Pittsylvania County for the service they provide in our community and honoring the memories of the officers who have given the ultimate sacrifice and been killed in the line of duty. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and authorize the County Administrator to distribute it to the local media. ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes P50 PITTSYLVANIA COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL POLICE WEEK May 13-19, 2012 Whereas, the Congress and President of the United States have designated May 1 S as Peace Officers Memorial Day, and the week in which it falls as Police Week; and Whereas, the members of the law enforcement agency of Pittsylvania County plays an essential role in safeguarding the rights and freedoms of the citizens of Pittsylvania County; and Whereas, it is important that all citizens know and understand the problems, duties and responsibilities of their sheriff department, and that members of our sheriff department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and Whereas, the Sheriff's Department of Pittsylvania County has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; then Now, Therefore, the Pittsylvania County Board of Supervisors call upon all citizens of Pittsylvania County and upon all patriotic, civil, and educational organizations to observe the week of May 13 through May 19, 2012, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens; and Furthermore, the Board of Supervisors calls upon all citizens of Pittsylvania County to observe Monday, May 14, 2012 as Peace Officers Memorial Day in Pittsylvania County in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. Given under my hand this day 7'~, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P51 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Ratify Letter of Appreciation AGENDA DATE: OS-07-2012 ITEM NUMBER: 5(f) SUBJECT/PROPOSAL/REOUEST: Letter of Appreciation -County Cleanup STAFF CONTACT(S): Mr. Sleeper INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Beautification Committee of the Pittsylvania County Board of Supervisors sponsored acounty-wide clean-up for Earth Week in April 2012. A number of clubs and agencies participated in that clean-up. DISCUSSION: Attached hereto was a letter that was forwarded to the news media on the behalf of the Pittsylvania County Boazd of Supervisors, showing the appreciation of the Board of Supervisor to the citizens, groups and clubs that worked on the county-wide clean-up during Earth Week. RECOMMENDATION: Staff recommends the Board of Supervisors ratify this Letter of Appreciation from the Board. ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes P53 ues as uiey suuggie • get children to .dopting a common- evelops our domes- aportantthings we nic recovery. 1 increase our demand. That will it will create thou- us freedom from it energy resources. taken the lead on allectively advances s the President's ges domestic pro- own resources here his alone. the House has he President will g gas prices have table ready to take ership in the Senate pen. policy should not ting the American fain Street busi- hatput food on off of 5th District -ore money at the for themselves; it's is great nation for you as I get back to ~r me, I refuse to another incumbent unless I see fiscal ibility, and these wnrkinu fir the in- Su ervisors t~~an~~ c~eanu~ vo=unteers p Congratulations to the citizens of Pittsylvania County for showing you care about our community. The response to the first project of the newly formed Beautification Committee was beyond expectations. The Pittsylvania Boazd of Supervi- sors could not be more proud of the team effort of so many individuals and groups who participated in our county-wide clean-up during the celebration of Earth Week. A big thank you to Hershel Stone, who spearheaded the clean-up ef- forts; to the members of the Beauti- fication Committee: Megan Evans, Mollie Holmes, Mauricca Doss, Bobby Jones, Vicky Collie, Mary Ellen and Jackie Forrest, and Grady Carrigan; to Linda Mills, Pittsylva- nia County's grants administrator; to Kevin Keys, for donating display banners; to our local radio stations, WAKG, WBTM, WDVA, WWDN, WKBY for public service announce- ments; and to the Chatham Star-Tri- bune and Danville Register & Bee for coverage of the clean-up efforts. The following groups, consisting of over 300 citizens, representing all seven county districts, along with the Beautification Committee members and their supervisors, cleaned miles of roadways and collected hundreds of trash bags. We know there are others who paz- ticipated and we apologize if anyone is omitted. Ross Electric Inc. - Pittsville Road, Catlands-Gretna District; Boy Scout Troop 377 - F.C. Bever- ly Road -Tunstall & Chatham Blairs Districts: Pleasant Gap residents -Pleasant Gap Road, Chatham-Blairs District; Ringgold Church Road residents -Ringgold Church Road, Dan River District; Mt. Olivet united Methodist Church - Mt. Cross Road, Westover District; Life, Inc. Volunteers -Chalk Level Rd., Ben Annie Rd., Rockford School Rd., and Moses Mill Road, Callands- Gretna District; Chatham-First -Main Street, Cha- tham-Blairs District; Tunstall High School -Tunstall High School Road, Tunstall & Cha- tham-Blairs District; Cub Scout Pack 386 -Mill Creek Rd., Walnut Creek Rd., Westover District; Westover Hills Pentecostal Holi- ness Church - Vandola Rd., Bennett St., Westover District; Residents -Deer View Rd., Staunton River District; Boy Scout Troop 175 - Callands- Gretna District; Cub Scout Pack 372 -Dan River District; Cub Scout Pack 452 -City of Danville; Cub Scout Pack 356 -City of Danville; North Danville Church of Christ - Iris Lane, Westover District; Ringgold residents -Shawnee Road, Dan River District; Faith Memorial Baptist Church - Rt. 58 -Tunstall District; Chatham Rotary Club -Old Mine Road, Callands-Gretna; Sarah Stewart and friends - Mazion Road, Banister District; Dr. and Mrs. Raymond Ramsey -Banister District; Brenda Robertson and friends - Java Road, Banister District; Sherrie Waller -Church Road, Banister District; Bob Bartlett and family -Spring Garden Road to Sandy Creek Bridge, Halifax Road to Slatesville Road. Banister District; Lawrence & Joyce Wilburn ^ Hawks Ridge Rd., Chatham-Blairs District;; Kentuck Elementary School stu- dents -Kentuck campus -Dan River District; Countryside residents -Countryside to Depot Road -Dan River District; Keeling Drive residents - Keeling Dr. to Paradise Lake Campground ^ Dan River District. Thank you from the Pittsylvania County Board of Supervisors Tim Barber, chairman, Tunstall District James Snead, vice chairman, Dan River District Coy Harville, Westover District Marshall Ecker, Staunton River District Brenda Bowman, Chatham-Blairs District Jessie Barksdale, Banister District Jerry Hagerman, Callands-Gretna District P54 PLBLIC xEa~vc P55 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing -Solid Waste Fee AGENDA DATE: OS-07-201 Z ITEM NUMBER: 6 SUBJECT/PROPOSAL/REOUEST: Public Hearing STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors has worked on a Solid Waste Fee for a number of months as additional income to the 2012/2013 annual budget. The current proposed budget is recommending a $5 per household monthly fee for Solid Waste. DISCUSSION: The Board of Supervisors is required to hold a public hearing in order to pass an ordinance that is authorized by § 15.2-2159 of the Code of Virginia, 1950, as amended. This will add Article III to Chapter 17 of the Pittsylvania County Code. Following the public hearing, the Board of Supervisors may approve the ordinance, which would require a Roll Call Vote. RECOMMENDATION: Staff recommends the Board of Supervisors approve the amendments to Chapter 17, establishing a Solid Waste Fee in Pittsylvania County. This requires a Rol[ Call Vote. P56 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 04-17-2012 ITEM NUMBER: 19 Set Public Hearing for Proposed Solid Waste Fee SUB,IECT/PROPOSAL/REQUEST: Set Public Hearing STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: REVIEWED BY: ~ 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. P57 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Monday, May 7, 2012, in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, to receive citizen input on proposed amendment to Pittsylvania County Code Chapter 17. 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 proposed to establish a Solid Waste Disposal Fee. Full text of the proposed amendment is available in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday, between the hours of 8:00 a. m. and 5:00 p. m., as well as on the County's website at www.pittgov.org. P58 Star-Tribune News May 2, 2012 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Monday, May 7, 2012, in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, to receive citizen input on proposed amendment to Pittsylvania County Code Chapter a7. 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 propose to establish a Solid Waste Disposal Fee. Full text of the proposed amendment is available in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday, between the hours of 8:00 a. m. and 5:00 p, m., as well as on the County's website at www.pittgov.org. P59 Star-Tribune News Apri125, 2012 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p. m. on Monday, May 7, 2012, in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, to receive citizen input on proposed amendment to Pittsylvania County Code Chapter 17. 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 propose to establish a Solid Waste Disposal Fee. Full text of the proposed amendment is available in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday, between the hours of 8:00 a. m. and 5:00 p. m., as well as on the County's website at www.pittgov.org. P60 PROPOSED PITTSYLVANIA COUNTY CODE CHAPTER 17 ARTICLE III Solid Waste Disuosal Fee Sec. 17-11. Title; Incorporation of State Code Sec. 17-12. Solid Waste Disposal Fee; Fee Schedule; Use of Fee; Effective Date Sec. 17-13. Payment of Solid Waste Disposal Fee Sec. 17-14. Collection of Solid Waste Disposal Fee; Commission Sec. 17-15. Due Date for Solid Waste Disposal Fee Sec. 17-16. Application of Solid Waste Disposal Fee to Towns in County Sec. 17-17. Late Payment Provisions, Lien Sec. 17-18. Partial Exemption for Qualified Elderly or Disabled Persons Sec. 17-19. Application of Solid Waste Disposal Fee to Rental Property; Affidavit of Vacancy Sec. 17-20. Solid Waste Disposal Regulations; Scavenging; Ownership of Solid Waste Sec. 17-21. Violations of Chapter Sec. 17-22. Severability 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; USE OF FEE; EFFECTIVE DATE. 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 shall not exceed the actual cost incurred by Pittsylvania County (the "County"} in procuring, developing, maintaining, and improving its Landfill and for such reserves as may be necessary for capping and closing such Landfill in the future. Such fee shall be deposited in a special account to be expended only for the purposes for which it was levied. The County's Solid Waste Disposal Fee shall be effective on or after July 1, 2012. Sec.17-13. PAYMENT OF SOLID WASTE DISPOSAL FEE. Every person owning or operating any house, apartment, rental house, rental residential unit, multiple residential units, trailer camp, or trailer court ("households") in the County or the Page 1 of 5 P61 Towns contained 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 percent (5%) of the amount of the fees due and collected. Sec. 17-15. DUE DATE FOR SOLID WASTE DISPOSAL FEE. Unless collected by a public service corporation pursuant to Section 17-14 supra, an invoice for said fee shall be included in the semi-annual real estate tax assessment mailings. Payment of said fee shall be made to the Pittsylvania County Treasurer's Office. Households assessed the Solid Waste Disposal Fee shall have the option of paying said fee annually or semi-annually. If collected by the County, the Solid Waste Disposal Fee shall be due and owing each year, no later than the fifth (5~') day of June and the fifth (5~') day of December of each year. Therefore, since the effective date of the County's Solid Waste Disposal Fee is July 1, 2012, the due date of the first payment of said fee shall be December 5, 2012, and payment thereafter shall be due on the aforementioned dates for each year thereafter. Said fee shall be pro-rated if verification of residency is less than twelve (12) months. 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 property owner(s) 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, owner, or household who fails to make payment of such fee or fails to make payment of such fee in a timely manner shall be required to pay penalty on said fee as set forth in § 58.1-3916 of the Code of Virginia, 1950, as amended. Page 2 of 5 P62 (c) Any person, owner, or household who fails to make payment of such fee or fails to make payment of such fee in a timely manner shall be required to pay interest on said unpaid fee as set forth in § 58.1-3916 of the Code of Virginia, 1950, as amended. (d) Any payment of the Solid Waste Disposal Fee shall be credited first against the most delinquent Solid Waste Disposal Fee account due and owing. (e) Payment of all due and owing Solid Waste fees, penalties, and accrued interest shall be required prior to approval of an application for rezoning, special exception, variance, or other land use permit. (f) Failure to pay the Solid Waste Disposal Fee can result, after due process, in the placement of a lien on the property in question in favor of the County. Sec. 17-18. PARTIAL EXEMPTION FOR QUALIFIED ELDERLY OR DISABLED PERSONS. As authorized by Section 15.2-2159(D)(6) of the Code of Virginia, 1950, as amended, there is a partial exemption of fifty percent (50%) from this Solid Waste Disposal Fee for households of the elderly and/or disabled who qualify for such exemptions. Said exemption shall be governed by the conditions and income criteria as set forth in Section 6-6 of the Pittsylvania County Code, as amended. Any and all information of or related to income or disability, 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 and/or the Pittsylvania County Commission of the Revenue's Office. Sec.17-19. APPLICATION OF SOLID WASTE DISPOSAL FEE TO RENTAL PROPERTY; AFFIDAVIT OF VACANCY. The owner(s) of record of any apartment, rental residential unit, rental house, multiple residential units, trailer camp, or trailer court, shall be responsible for payment of the Solid Waste Disposal Fee. Initially, a Solid Waste Disposal Fee shall be assessed, individually, to/for each rental unit. However, a Solid Waste Disposal Fee shall not be due and owing for/on any vacant rental unit. It shall be the responsibility of the owner(s) of record or operators of said rental property to notify the Pittsylvania County Commissioner of Revenue's Office of any vacancies in rental units within thirty (30) days of receipt of any Solid Waste Disposal Fee invoice/assessment. Following said notification, the burden of proof shall be on the owner(s) or operators of the rental property to demonstrate and prove to the reasonable satisfaction of the Commissioner of Revenue's Office the vacancies of/in any rental unit(s). The Solid Waste Disposal Fee shall be prorated accordingly for any vacancies in rental property proven to the reasonable satisfaction of the Commissioner of the Revenue's Office. Payment for said proration/reimbursement shall be made by the Pittsylvania County Treasurer's Office, after submission of an exoneration report and appropriate documentation by the Commissioner of Revenue's Office. Finally, said notice Page 3 of 5 P63 of vacancies shall be evidenced by a signed and sworn to Affidavit of Vacancy. The Affidavit of Vacancy form shall be provided by the Pittsylvania County Commissioner of Revenue's Office. Any misstatement, falsehood, or misrepresentation on the Affidavit of Vacancy shall be deemed fraud, prosecuted by the appropriate County entity to the fullest extent of the law, and may subject the Affiant(s) to criminaUcivil penalties, fines, and incarceration. Sec.17-20. SOLID WASTE DISPOSAL REGULATIONS: SCAVENGING• OWNERSHIP OF SOLID WASTE. It shall be unlawful to dump, destroy, or otherwise dispose of solid waste within the jurisdictional limits of the County of Pittsylvania, Virginia, except at approved and designated solid waste disposal facilities, subject to the following limitations and conditions: (a) Only household trash, residential waste, and compactible refuse shall be deposited at solid waste convenience centers. (b) No business, industrial, construction, demolition, medical, automotive, yard or landscaping, or commercial waste shall be deposited at solid waste convenience centers. (c) No solid waste shall be deposited at solid waste convenience centers by non-County residents, except as provided or by local, state, or federal anti-littering programs. (d) Unless subject to a special contract approved by the Pittsylvania County Board of Supervisors, no solid waste generated or originating from outside of the County shall be deposited in the Landfill. (e) The following items shall also not be deposited at solid waste convenience centers: (1) Explosives, gasoline, kerosene, and waste oil. (2) Furniture or other bulky residential items that will not fit into a compactor chamber. (3) Dead animals. (4) Materials which constitute a hazard to personnel handling solid waste or to the public. (f) 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. (g) 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. Page 4 of 5 P64 Sec.17-21. VIOLATIONS OF CHAPTER. A violation of the provisions of this Article shall constitute a Class 2 misdemeanor. Each day's continuance of a violation of this Ordinance is considered to be a separate offense. Sec.17-22. SEVERABILITY. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Page 5 of 5 P65 vEw BL sivESs P66 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Recommendations from Finance Committee SUBJECT/PROPOSAL/REOUEST: OS-07-2012 ACTION: Yes 7 INFORMATION: Recommendations on Annual Budget STAFF CONTACT(S): CONSENT AGENDA: ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Finance Committee will meet at 5:30 on Thursday, May 03, 2012 at One Center Street in the Captain Martin Building in Chatham, Virginia to discuss the annual budget. DISCUSSION: The Finance Committee met on Thursday, May 3, 2012 in the Captain Martin Building on Center Street. The Finance Committee agreed to take no action on the full County Budget until they held the public hearing on the Solid Waste Fee Ordinance. The Finance Committee agreed to recommend approval of the advertised School Budget and amend it in June. The Finance Committee agreed to recommend moving the due date for 2012 taxes from June 5~'to July 15, 2012 for the 2012 year only. RECOMMENDATION: (1) The Finance Committee recommends the full Board of Supervisors approve the advertised School Budget by classification, totaling $87,170,899 with $14,790,922 in local funds. (See attached letter). (2) The Finance Committee recommended that the full Board of Supervisors, in accordance with §58.1-3912 of the Code of Virginia, 1950, as amended, extend the current due date for Taxes under Section 6-1.2(A) of the Pittsylvania County Code from June 5~' until July 15`f', 2012 for the 2012 year only. (3) The Finance Committee recommends the full Board of Supervisors consider Budget Resolution 2012-OS-O1 after the public hearing on the Solid Waste Fee, Monday, May 7, 2012. P67 FINANCE COMMITTEE Pittsylvania County Board of Supervisors Thursday, May 3, 2012 5:30 pm Conference Room 2 Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:30 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Approve School Budget (b) Discussion of County Budget (c) Meet with Commissioner of Revenue and Treasurer on Tax Tickets (d) Meet with Constitutional Officers 5. Adjournment P68 PITTSYLVANIA COUNTY VIRGINIA Q~~~ S Y L V,q `~I William D. Sleeper ~, 9~ Phone (434) 432-7710 County Administrator ~ ~ ~ Fax (434) 432-7714 P.O. Box 426 d ~ ~ ~ z Gretna/Hurt (434) 656-6211 Chatham, Virginia 24531 ~ ,i t, Bachelors Hall/Whitmell (434) 797-9550 dan.sleeper@pittgov.org 1767 May 8, 2012 Mr. James E. McDaniel, Division Superintendent Pittsylvania County Schools P. O. Box 232 Chatham, VA 24531 Re: FY2012/2013 Approved School Budget Dear Mr. McDaniel: This is to notify you that on Monday, May 7, 2012 the Pittsylvania County Board of Supervisors approved the Pittsylvania County School Budget for FY2012/2013 by the following classifications: Instruction $60,43 5,200.00 Attendance/Health Services 3,296,594.00 Pupil Transportation Services 5,790,314.00 Operation and Maintenance Services 6,638,528.00 Non-Instructional Operations 2,877,459.00 Capital Expenses - Trigon Fund 648,229.00 Technology 2,527,263.00 Cafeteria 4,957,312.00 Total -School Operating Fund $87,170,899.00 The Board of Supervisors agreed they would amend the School Budget in June 2012 once the County receives all the final numbers from Richmond to approve the fina12012-2013 school budget. Sincerely, William D. Sleeper County Administrator WDS/rf Cc: Honorable Members of the Pittsylvania County Board of Supervisors J. Vaden Hunt, Esq., County Attorney Kim Van Der Hyde, Director of Finance P69 Presented: May 7, 2012 Adopted: May 7, 2012 RESOLUTION 2012-05-01 VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on Monday, May 7, 2012 in the General District Courtroom in the Edwin R. Shields Courthouse Addition in Chatham, Virginia, the following resolution on the annual budget for Fiscal Year 2013 was presented and adopted. WHEREAS, the laws of the Commonwealth of Virginia require the governing body to prepare and approve a budget for fiscal and planning purposes, not withstanding additional requirements for the schools, including revenues and expenditures for the ensuing year by May 1, 2012; and WHEREAS, the laws of the Commonwealth of Virginia control the distribution of funds by appropriations giving the Board of Supervisors authority to set such appropriations at such periodic basis as outlined in Section 15.2-2506 of the Code of Virginia, being further identified in this Resolution with Exhibit A and Exhibit B; and WHEREAS, a public hearing has been properly advertised and held on April 10, 2012, in accordance with state statute as shown by the affidavit of the publisher; then, BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of Pittsylvania, that there be hereby adopted and appropriated a budget for Fiscal Year 2013, the full and complete budget is contained in the document entitled: "PITTSYLVANIA COUNTY ADOPTED BUDGET" FISCAL YEAR 2013 JULY 1, 2012 -JUNE 30, 2013 TOTALING: $ 186,796,834 BE IT FURTHER RESOLVED, that the estimated budget total of $186,796,834 includes $14,790,922 total local effort for the Pittsylvania County Schools, and $2,010,002 in reallocated carryovers for Capital Improvements, $1,441,037 carryover for Industrial Development Local. Included in this budget is an approval of supplements for employees of the Sheriff's Department including the jail. In addition, it includes a continued supplement of $10,000 each for the Treasurer, Commissioner of Revenue and Clerk of Courts and $5,000 for the Commonwealth's Attorney for salary supplements. P70 BE IT STILL FURTHER RESOLVED, that the funds of the School Budget, the Library Board, and the Welfare Board shall be expended only by order and approval of those respective boards and that no money shall be paid out for such contemplated expenditures unless and until there has first been made an appropriation for such contemplated expenditures by the Board of Supervisors; and, BE IT STILL FURTHER RESOLVED that the School Budget estimate for FY 2012-2013 be set at $87,170,899 with the local funds provided by the Board of Supervisors set at $14,790,922 to be funded by classification as allowed by the Code of Virginia, 1950 as amended, and the school board to report back in amounts requested to be funded in each classification if different than shown in the approved budget. The local funds include the following: General Fund Local $14,790,922 (Includes $45,000 Solid Waste) BE IT STILL FURTHER RESOLVED, that the Board of Supervisors shall receive quarterly revenue and expenditure reports comparing receipts and expenditures to the approved budget from the Office of the County Administrator; and, BE IT STILL FURTHER RESOLVED, that the unit tax levy for the year commencing January 1, 2012 shall be as follows: Real Property: Mobile Homes and Barns: Machinery and Tools: Contract Carrier: $.56 per $100 of assessed value, 100% market value $.56 per $100 of assessed value, 100% market value $ 4.50 per $100 of assessed value at 10% of original cost $4.50 per $100 of assessed value at fair market value Personal Property: $8.75 per $100 of assessed value, 30% of market value. In accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly any qualifying vehicle sitused within the county commencing January 1, 2012, shall receive personal property tax relief in the following manner: ^ Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; P71 ^ Personal use vehicles valued at $1,001 to $20,000 will be eligible for 56% tax relief; ^ Personal use vehicles valued at $20,001 or more shall only receive 56% tax relief on the first $20,000 of value; and ^ All other vehicles which do not meet the definition of "qualifying" (business use vehicles, farm use vehicles, motor home, etc.) will not be eligible for any of tax relief under this program. Generating Equipment: Capital Merchant Tax: Consumer Utility Tax: $.56 per $100 of assessed value, 100% of market value $ 2.75 per $100 of assessed value, 30% of inventory value 20% of the first $15.00 monthly for residential users and 20% of the first $100.00 monthly for commercial or industrial users, except as required for Gas and Electricity, as defined by Chapter 6 Section 13 of the Pittsylvania County Code 1975 as amended AND BE IT FURTHER RESOLVED that the following fees will also be collected by Pittsylvania County for tax yeaz beginning January 1, 2012 and for the fiscal yeaz beginning on July 1, 2012: Motor Vehicle Fee: $38.75 per vehicle, except as specified by ordinance Solid Waste Fee: $5.00 per household, except as specified by ordinance AND BE IT FURTHER RESOLVED by the Pittsylvania County Board of Supervisors that, for the fiscal year beginning on July 1, 2012, and ending on June 30, 2013, the following sections aze hereby adopted. Section 1. The cost center shown on the attached table labeled Appropriations Resolution, Exhibit A, aze hereby appropriated from the designated estimated revenues as shown on the attached table labeled Appropriations Resolution, Exhibit A. This appropriation does include the unappropriated surplus. Funds may be appropriated by the Boazd of Supervisors as needed during FY 2013 subject to the Boazd's by-laws for appropriations. P72 Section 2. Appropriations, in addition to those contained in this general Appropriations Resolution, may be made by the Board of Supervisors only if there is available in the fund unencumbered or unappropriated sums sufficient to meet such appropriations. Section 3. All appropriations herein authorized shall be on the basis of cost centers for all departments and agencies excluding schools. The regular school fund is specifically appropriated by category as listed on Exhibit A. Section 4. The School Board and the Social Services Board are separately granted authority for implementation of the appropriated funds for their respective operations. By this resolution the School Board and the Social Services Board are authorized to approve the transfer of any unencumbered balance or portion thereof from one line item of expenditure to another within the same classification in their respective funds in any amount. Transfers between classification or funds require approval of the Board of Supervisors. Section 5. The County Administrator is expressly authorized to transfer any unencumbered balance or portion thereof from one line item of expenditure to another within the same cost center for the efficient operation of government. Section 6. All outstanding encumbrances, both operating and capital, at June 30, 2012 shall be reappropriated to the FY 2013 fiscal year to the same cost center and account for which they are encumbered in the previous year. A report of which shall be submitted to the Board. Section 7. At the close of the fiscal year, all unencumbered appropriations lapse for budget items other than the School Cafeteria Receipts Fund 209, the State Restricted Seizure Fund -Sheriff 241, the Federal Restricted Seizure Fund 242, the State Restricted Seizure Fund -Commonwealth's Attorney 243, the Federal Restricted Seizure Fund -Commonwealth's Attorney 244, the Animal Friendly Plates Fund 245, the Grants Fund 250, the Work Force Investment Act Fund 251, Law Library Fund 260, the Library Memorial Gift Fund 265, Cash Bonds Fund 305, the County Capital Improvements Fund 310, the Jail Inmate Management Fund 311, the Courthouse Maintenance Fund 312, the Jail Operating Fund 313, the Courthouse Security Fund 314, the Jail Processing Fund 315, the Rural Roads Fund 320, the Industrial Development Local Fund 325, the Industrial Development Cyclical P73 Fund 330, the School Bond Fund 410, the Landfill Bond Fund 415, the E911 Bond Fund 416, the Social Services Bond Fund 420, the Debt Service Reserve Fund 425, the Bond Fund-Schools 435, the Landfill Enterprise Fund 520, the Rescue Billing Fund 530, the Special Welfare Fund 733 and the Pittsylvania County Employees Health Plan 734. Thus, all cancelled cash balances shall revert back to the General Fund. Section 8. Appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation. Upon completion of a capital project, the County Administrator is hereby authorized to close out the project and transfer to the funding source any remaining balances. This section applies to all existing appropriations for capital projects at June 30, 2012 and appropriations in the FY 2013 Budget. The County Administrator is hereby authorized to approve construction change orders to contracts up to an increase of $10,000.00 and approve all change order for reduction of contracts. Section 9. The approval of the Board of Supervisors of any grant of funds to the County shall constitute the appropriation of both the revenue to be received from the grant and the County's expenditure required by the terms of the grant, if any. The appropriation of grant funds will not lapse at the end of the fiscal year but shall remain appropriated until completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. The County Administrator may increase or reduce any grant appropriation to the level approved by the granting agency during the fiscal year. The County Administrator may approve necessary accounting transfers between cost centers and funds to enable the grant to be accounted for the in correct manner. Upon completion of a grant project, the County Administrator is authorized to close out the grant and transfer back to the funding source any remaining balance. This section applies to appropriations for grants outstanding at June 30, 2012 and appropriations in the FY 2013 Budget. Section 10. The County Administrator may reduce revenue and expenditure appropriations related to programs funded all or in part by the Commonwealth of Virginia and/or the Federal Government to the level approved by the responsible state or federal agency. P74 Section 11. The County Administrator is authorized to make transfers to the various funds for which there are transfers budgeted. The County Administrator shall transfer funds only as needed up to amounts budgeted or in accordance with any existing bond resolutions that specify the matter in which transfers are to be made. Section 12. The Treasurer may advance monies to and from the various funds of the County to allow maximum cash flow efficiency. The advances must not violate County bond covenants or other legal restrictions that would prohibit an advance. Section 13. All purchases with funds appropriated herein shall be made in accordance with the County purchasing ordinance and applicable state statutes. Section 14. It is the intent of this resolution that funds be expended for the purposes indicated in the budget; therefore, budgeted funds may not be transferred from operating expenditures to capital projects or from capital projects to operating expenses without the prior approval from the Board of Supervisors. Also, funds may not be transferred from one capital project to another without the prior approval of the Board of Supervisors. Section 15. The County Administrator is authorized, pursuant to state statute, to issue orders and warrants for payments where funds have been budgeted, appropriated, and where sufficient funds are available. A warrant register shall be presented to the Board of Supervisors not less frequently than monthly. Section 16. Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum, conditional and proportionate appropriations -the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all the appropriations in full. Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Section 17. All revenue received by any agency under the control of the Board of Supervisors or by the School Board or by the Social Services Board not included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not P75 be expended by said agency under the control of the Board of Supervisors or by the School Board or by the Social Services Board without the consent of the Board of Supervisors being first obtained. Nor may any of these agencies or boazds make expenditures, which will exceed a specific item of an appropriation. Section 18. Allowances out of any of the appropriations made in this resolution by any or all county departments, bureaus or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the Internal Revenue Service and shall be subject to change from time to time to maintain like rates. Section 19. The County Administrator is directed to establish eight (8) petty- cash accounts under non-departmental from funds in this budget for central purchasing, the landfill, building inspections, zoning and recreationt in accordance with Section 15.2-1229 of the Code of Virginia as amended, 1950 with management plans as directed by the County Auditor. Section 20. All previous appropriation ordinances or resolutions to the extent that they are inconsistent with the provisions of this resolution shall be and the same aze hereby repealed. Section 21. This resolution shall be effective on July 1, 2012. Given under my hand this day May 7, 2012. Timothy R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P76 P77 EXHIBIT A May 7, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROPRIATIONS RESOLUTION, EXHIBIT A EXPENDITURES BY COST CENTERS FOR FY 2013 COST CENTERS TOTAL ADOPTED ADOPTED BUDGET BUDGET ADMINISTRATION AND MANAGEMENT OF GOVERNMENT: Board of Supervisors 115,645 County Administrator 272,992 County Attorney 203,426 Auditors 74,000 Commissioner of Revenue 564,420 Reassessment 360,060 Treasurer 636,155 Central Accounting 266,398 Fleet Management 116,500 Information Technology 320,986 Central Purchasing 112,338 Grants Administration 72,794 Boazd of Elections 87,519 General Registrar 137,461 Non-Departmental 122,500 Total Administration and Management of Government 3,463,194 PUBLIC WORKS: Public Works 156,782 Building and Grounds 976,363 Zoning 218,730 Public Works 1,351,875 ADMINISTRATION OF JUSTICE: Circuit Court 130,991 General District Court 14,161 Magistrates 4,827 Court Services 365,175 Halifax Court Services Unit 6,095 Juvenile & Domestic Relations Court 11,375 VJCCCA - J & D Court Services Grant 38,546 Misc -Records Preservation 5,000 Commissioner of Accounts 960 Clerk of Circuit Court 625,187 P78 EXHIBIT A May 7, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROPRIATIONS RESOLUTION, EXHIBIT A EXPENDITURES BY COST CENTERS FOR FY 2013 COST CENTERS Commonwealth Attorney State Restricted Seizure -Commonwealth Attorney Federal Restricted Seizure -Commonwealth Attorney Law Library Fund Byrne/JAG Criminal Justice Victim/Witness Grant Total Administration of Justice LAW ENFORCEMENT: Sheriff Corrections State Seizure - Sheriff Federal Seizure -Sheriff Medical Examiner Justice Assistance Grant (JAG) ABC Enforcement DMV Grant CVTS Traffic Enforcement Grant DMV Occupant Grant Checkpoint Strikeforce Mini-Grant USDA-Sheriff Grant BJA-Bulletproof Vest Partner Grant DCJS Internet Crimes Against Children Jail Inmate Management Fund Jail Processing Fund Courthouse Security Total Law Enforcement PUBLIC SAFETY: Volunteer Fire/Rescue Departments VA Fire Program Grant Four for Life - DMV Fire Marshal State Forestry E911 Wireless Grant Regional Wireless Consultant Grant VA Emergency Management VFSB Training Mini Grant Comm. Emer. Response Team (CERT) COPS Technology Grant VFIRS Computer Grant RSAF-ALSBLS Grant Fire Prevention & Safety PSAP-Wireless Education TOTAL ADOPTED ADOPTED BUDGET BUDGET 677,311 20,000 5,000 25,800 35,000 70,703 2,036,131 5,797,339 3,932,797 55,000 40,000 2,500 24,000 35,000 95,000 5,000 6,500 3,000 25,000 43,780 25,000 10,600 2,200 125,000 10,227,716 1,886,157 170,000 70,000 32,422 33,984 76,000 28,000 18,605 10,000 32,000 35,000 4,000 60,000 10,000 2,000 P79 EXHIBIT A May 7, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROPRIATIONS RESOLUTION, EXHIBIT A EXPENDITURES BY COST CENTERS FOR FY 2013 COST CENTERS EMPG-Alternate EOC Generator Animal Control Veterinary Fund Building Inspections Rescue Billing Emergency Management Services Total Public Safety ENVIRONMENTAL PRESERVATION AND PROTECTION: Solid Waste Collections Solid Waste Disposal Litter Control Grant VPI & SU Extension Resource Conservation Total Environmental Preservation and Protection HUMAN AND SOCIAL SERVICES: Public Health Mental Health Comprehensive Services Act -Pool Social Services AdministrationJAdministrative Expense Public Assistance Family Preservation Baby Care Grant Total Human and Social Services ECONOMIC DEVELOPMENT: Industrial Development -Local Agricultural Economic Development Specialist Economic Development Industrial Development Authority Workforce Investment Board Community & Industrial Development Total Economic Development TOTAL ADOPTED ADOPTED BUDGET BUDGET 150,000 249,742 700 282,773 100,000 1,259,096 4,510,479 1,048,546 823,074 19,000 69,771 106,912 2,067,303 490,000 152,318 6,365,818 4,419,786 1,246,170 45,000 52,798 12,771,890 10,256,870 76,385 152,181 23,800 3,023,435 320,825 13,853,496 P80 EXHIBIT A May 7, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROPRIATIONS RESOLUTION, EXHIBIT A EXPENDITURES BY COST CENTERS FOR FY 2013 COST CENTERS TOTAL ADOPTED ADOPTED BUDGET BUDGET PLANNING. HOUSING AND COMMUNITY DEVELOPMENT: Planning Commission 144 312 Chatham Train Depot Restoration 400,000 Welcome Center-Train Depot 35,500 CDBG - Clarkstown 3,000 IRP - Clarkstown 1,000 CDBG -Witcher Road Improvement 1,000 Total Planning, Housing and Community Development 584,812 PUBLIC LIBRARIES: Libraries 915,521 State Library Grant 149,432 Library Memorial Fund 65,000 Total Public Library 1,129,953 CULTURAL & RECREATIONAL PROGRAMS: Recreation Department 259,540 Total Cultural & Recreational Programs 259,540 CAPITAL INVESTMENTS: Debt & Interest 11,869,492 Computer Capital Outlay 200,000 Solid Waste -Capital Outlay 50,500 Landfill -Capital Outlay 20,000 Community & Industrial Development Capital Outlay 441,237 Landfill Expansion 1,500,000 School Renovation Project 10,000 E911 Radio System 13,000,000 Rural Road Capital Outlay 25,000 Total Capital Investments 27,116,229 P81 EXHIBIT A May 7, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROPRIATIONS RESOLUTION, EXHIBIT A EXPENDITURES BY COST CENTERS FOR FY 2013 COST CENTERS TOTAL ADOPTED ADOPTED BUDGET BUDGET PUBLIC EDUCATION: School Fund: Instruction 60,435,200 Admin./Attend & Health Services 3,296,594 Pupil Transportation 5,790,314 Operation & Maintenance 6,638,528 Non-Instructional Operations 2,877,459 Capital Expense 648,229 Technology 2,527,263 Cafeteria 4,957,312 87,170,899 Danville Community College 8,781 Total Public Education 87,179,680 TRANSFERS: Law Library Transfer 9,800 Social Services Department Transfer 888,483 School Board Transfer 14,790,922 General Fund Transfer to Debt Reserve Fund 821,832 School Bond Fund to General Fund (Excess Bond Proceeds) 2,360,112 Courthouse Maintenance Fund to General Fund 30,000 Economic Development Transfer 983,140 Landfill Fund Transfer 331,982 Capital Improvements Fund to General Fund (Project Ended) 28,265 Total Transfers 20,244,536 GRAND TOTAL ALL EXPENDITURES 186,796,834 P82 EXHIBIT B May 7, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROPRIATIONS RESOLUTION, EXHIBIT B REVENUES BY FUND FOR FY 2013 REVENUES Local Funds State Funds Federal Funds CIP Carryover Carryovers Lease Purchase School Bonds Transfers GRAND TOTAL ALL REVENUES Total Adopted Budget 48,148,390 82,549,453 16,758,304 3,451,039 75,000 13,200,000 2,370,112 20,244,536 $186,796,834 P83 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: OS-07-2012 ITEM NUMBER: 8 Approval of Deed of Bargain and Sale SUBJECT/PROPOSAL/REQUEST: Railway to Intertape -Ringgold West Industrial Park STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA• ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: j INFORMATION: BACKGROUND: Pittsylvania County Board of Supervisors agreed to provide a transfer of the rail spur from the Norfolk Southern Railway to the Intertape Polymer Corporation Building and the Ringgold West Industrial Park. The Board of Supervisors held the required public hearing on February 16, 2010 in the General District Courtroom of the Edwin R. Shields Courthouse Addition to receive citizen input in accordance with the requirements of § 15.2-1800 of the Code of Virginia, 1950, as amended. DISCUSSION: The required survey was done and completed. A Bargain and Sale deed was not created until the new County Attorney, J. Vaden Hunt, drafted the attached Deed of Bargain and Sale. RECOMMENDATION: It is the recommendation of Staff that the Board of Supervisors approve the Deed of Bargain and Sale transferring the railroad spur from the Norfolk Southern Railway to the Intertape Polymer Corporation Building in the Ringgold West Industrial Park and authorize the Chairman of the Board of Supervisors to sign on the behalf of Pittsylvania County in order to transfer this property. P84 This deed is exempt from the recordation taxes imposed by § 58.1-802 of the Code of Virginia, 1950, as amended, pursuant to § 58.1-811C. The existence of title insurance is unknown to the Preparer. This deed was prepared bX: J. Vaden Hunt, Esq. Pittsylvania County Attorney 34 N. Main St. P.O. Box 426 Chatham, Virginia 24531 VSB # 65574 Part of GPINs 2338-40-6095 & 2338-50-7339 DEED OF BARGAIN AND SALE THIS DEED OF BARGAIN AND SALE, made this th day of , 2012, by and between the BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA, (the "Board of Supervisors"), party of the first part, GRANTOR, to INTERTAPE POLYMER CORPORATION ("Intertape"), a Virginia Corporation, party to the second party, GRANTEE: WITNESSETH: WHEREAS, per § 15.2-1813 of the Code of Virginia, 1950, as amended, the Board of Supervisors duly and properly advertised a Public Hearing in the February 3, 2010, and February 10, 2010, issues of the Chatham Star Tribune, a newspaper published in and having general circulation in Pittsylvania County, Virginia, regarding the disposition, sale, and surplus of the rail spur from Norfolk Southern Railway to Intertape in the Ringgold West Industrial Park, in the Dan River Magisterial District of Pittsylvania County, Virginia (the "Property"); WHEREAS, per § 15.2-1800(B) of the Code of Virginia, 1950, as amended, the Board of Supervisors, on Tuesday February 16, 2010, at a regularly scheduled public meeting, conducted a public hearing (the "Public Hearing") regarding the disposition, sale, and surplus of the Property; Page 1 of 5 P85 WHEREAS, the Board of Supervisors, at said public meeting, via a motion, following an unanimous affirmative vote, agreed to dispose of the Property to Intertape, with any and all conditions listed below; and NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of the first party, the Boazd of Supervisors, does hereby BARGAIN, SELL, GRANT, and CONVEY with SPECIAL WARRANT OF TITLE to Intertape, the said party of the second part, the following described tract or pazcel of land, together with improvements thereon and appurtenances there unto belonging, lying in the Dan River Magisterial District of Pittsylvania County, Virginia, and more particulazly described as follows: Total railroad right of way of 3.464 acres, as shown on plat of survey entitled "Composite Plat Showing: Railroad Right of Way for Rail Spur Dan River Magisterial District Pittsylvania County, Virginia," by Robert H. Bengston, Land Surveyor, License Number 002491, of Dewberry & Davis, Inc., dated May 12, 2010, which plat is attached hereto and made a part hereof; said total conveyed acreage, as detailed on the aforementioned plat, is comprised as follows: Pazcel R1 is 0.286 acres, Pazcel R2 is 1.511 acres, Parcel R3 is 0.234 acres, Parcel R4 is 0.791 acres, and Pazcel RS is 0.642 acres. WHEREAS, this Property is conveyed in its "AS IS" condition, without warrant or representation as to its condition, value, or permitted use, including without limitation any warrant or representation with regard to the presence of any toxic or hazazdous substances or materials of any nature (including but not limited to petroleum, lead, radon, asbestos, or asbestos-related materials). WHEREAS, this conveyance is made expressly subject to (i) any and all rights, privileges, covenants, easements, conditions, restrictions, and agreements as are of record, insofar as they may be lawfully applicable to the Property, (ii) any unrecorded utility easements, Page 2 of 5 P86 including any relocated easements for utilities and any relocated utility lines and related facilities, on, under, or across the Property, (iii) any and all prior grants, conveyances and/or reservations of the coal, oil, gas, including coal methane gas, stone, sand, minerals, and/or other subsurface rights or interests, as are of record, insofar as they may be lawfully applicable to the Property; and, to the extent of any such prior grants, conveyances and/or reservations of coal, oil, gas, including methane gas, stone, sand, minerals and/or other subsurface rights and interests therein, the same are excluded from this conveyance. IN WITNESS WHEREOF, the Board of Supervisors of the County of Pittsylvania, Virginia, pursuant to a motion duly adopted, has caused Tim R. Barber, Chairman of the Pittsylvania Board of Supervisors, to affix his signature and seal hereto. Page 3 of 5 P87 GRANTOR BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA By: (SEAL) Tim R. Barber Chairman, Pittsylvania County Board of Supervisors To wit: COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA I, a Notary Public in and for the County of Pittsylvania, Virginia, do hereby certify that Tim R. Barber, Chairman of the Pittsylvania County Board of Supervisors of the County of Pittsylvania, Virginia, whose name is signed to the foregoing Deed bearing the date of of , 2012, has personally appeared before me and acknowledged the same. Given under my hand this th day of , 2012. My commission expires: Notary Public Notary Public Number APPROVED TO AS TO FORM J- U~ ~, N~ J. Vaden Hunt Pittsylvania County Attorney Page 4 of 5 P88 GRANTEE INTERTAPE POLYMER CORPORATION By: Title: To wit: (SEAL) COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA I, a Notary Public in and for the County of Pittsylvania, Virginia, do hereby certify that Intertape Polymer Corporation, Grantee, by its ,whose name is signed to the foregoing Deed bearing the date of of 2012, has personally appeared before me and acknowledged the same. Given under my hand this th day of My commission expires: 2012. Notary Public Notary Public Number Page 5 of 5 P89 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, February 16, 2010 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input for a proposal to convey the real estate upon which the rail service sets at the Ringgold West Industrial Park to private industry, in accordance with Section 15.2-1800, Code of Virginia, 1950, as amended. A full survey of the proposed easement is available in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing and on the County's website at www.pittgov.org. P90 Star -Tribune February 1Q 2010 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, February 16, 2010 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input for a proposal to convey the real estate upon which the rail service sets at the Ringgold West Industrial Park to private industry, in accordance with Section 15.2-1800, Code of Virginia, 1950, as amended. A full survey of the proposed easement is available in the Offiice of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m, for public viewing and on the County's website at www.pittgov.org. P91 Star -Tribune February 3, 2010 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, February 16, 2010 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input for a proposal to convey the real estate upon which the rail service sets at the Ringgold West Industrial Park to private industry, in accordance with Section 15.2-1800, Code of vrginia, 1950, as amended. A full survey of the proposed easement is available in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing and on the County's website at www.pittgov.org. P92 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Public Hearing SUBJECT/PROPOSAL/REQUEST: Rail Service-Ringgold West Industrial Pazk AGENDA DATE: 01-19-2010 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: 17 INFORMATION: INFORMATION: The Boazd of Supervisors, along with the Industrial Development Authority (IDA), installed a rail site at the Ringgold West Industrial Park, basically to serve Intertape, over 20 yeazs ago. DISCUSSION: The rail has been modified and moved twice. Some sections of that rail are owned and maintained by Intertape. Since there are sections that aze still owned by the Pittsylvania County Boazd of Supervisors, it would be advantageous of the Board to have a public heazing to have the rail, if possible, to be dedicated to the industry so that they may be responsible for maintain and upkeep, as well as insurance. RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing to Tuesday, February 16, 2010, to receive citizen input for a proposal to dedicate the remainder of the rail service at Ringgold West Industrial Pazk to private industry. P93 ,~ Q x~d ue :cq nn.,p ~ s ~ ~~ ~ I ~ x ~2 e~21- L'i e ha ~~''~'~~~'WCo S . rn ~ i Wia~o~~~aa~aiE~> Q ~ Z rn g W 1 1~~1 I I I I I I I I oo ~ ~' (n '~ ~ U 4 ~ ~o8e ITS ~ ~ ~ ~ ~ o ~- p t- ~ ~ ~o sZ I I ~ Q ~ Z W ~o A ~~ s°R ''N a ~ ~ v ~ a=~I _ ~ ~ o~ s~e~R o ff S-' ~° 5~~ tW^~ 8 Q ~ iA' 33S HlanH lr7d goPR W ~ 2 Q ~ Z ~ Lil -] 1- °rr3 H ~N~ a pe I Q U O Q X11 Q N1P ~ +. q $ 1 ~. 0. 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'~ =-~ ..M ~F?- ~~ ~~ P95 Public Hearings: Proposal to convey the real estate upon which the rail service sets at the Ringgold West Industrial Park to private industry, in accordance with §15.2-1800, Code of Virginia, 1950, as amended to receive citizen input on the Boazd directing the County Administrator and County Legal Counsel to negotiate a contract for Fee Simple Title for the transfer of the rail spur from Norfolk Southern Railway to Intertape Property in the Ringgold West Industrial Pazk and authorization the County Administrator to sign on the behalf of Pittsylvania County for a maintenance operation agreement. A deed would be brought back to the Boazd for final transfer and approval of the Boazd of Supervisors. Mr. Davis opened the public hearing at 7:25pm. No one signed up to speak and Mr. Davis closed the heazing at 7:25pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to direct the County Administrator and County Legal Counsel to negotiate a contract for Fee Simple Title for the transfer of the rail spur from Norfolk Southern Railway to Intertape Property in the Ringgold West Industrial Pazk and authorize the County Administrator to sign on the behalf of Pittsylvania County for a maintenance operation agreement. A deed will be brought back to the Boazd for final transfer and approval of the Board of Supervisors. The Boazd unanimously approved Mr. Harville's motion. P96 February i 6, 201.0 Adjourned Meeting Pritchett- Yes; Mr. Ecker - No, Mr. Harville- No; Mr. Ingram -Yes; Mr. Davis -Yes. Mr. Ingram's motion passed by a majority vote of 4- 3 of the Board. Public Hearings: Rezoning Cases Case 1, Brad Michael Compton -Callands-Gretna Election District; R-10-004 The public hearing on this case opened at 7:18p.m. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained Brad Michael Compton had petitioned to rezone 3.98 acres, located off Hollyberry Drive in the Callands-Gretna Election District from C-1, Conservation District to R-1, Residential Suburban Subdivision District (to combine with adjacent properties zoned R-1). The Planning Commission, with no opposition, recommended granting the petitioner's request. Brad Compton was there to represent the petition. Mr. Davis closed the public hearing at 7:19pm. Motion was made by Mr. Ingram, seconded by Mr. Ecker, to rezone Case R-10-004 from C-1, Conservation District to R-1, Residential Suburban Subdivision District. The following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Ingram's motion was unanimously approved by the Board. Case 2, Brenda Marshall White & Others-Dan River District; R-10-005. The public hearing on this case opened at 7:24pm p.m. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained Brenda Marshall White & Others had petitioned to rezone 33.79 acres, located off State Road 360/Old Richmond Road and Chickadee Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-l, Agricultural District (for future subdivision of property for family members). The Planning Commission, with no opposition, recommended granting the petitioners' request. Elizabeth Marshall was there to represent the petition. No one signed up to speak. Mr. Davis closed the public hearing at 7:23pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to rezone Case R-10-005, 33.79 acres, located off State Road 360/Old Richmond Road and Chickadee Road, in the Dan River Election District from R-l, Residential Suburban Subdivision District to A-l, Agricultural District. The following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett- Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Ingram-Yes; Mr. Davis-Yes. Mr. Snead's motion was unanimously approved by the Board. Public Hearings: Proposal to convey the real estate upon which the rail service sets at the Ringgold West Industrial Park to private industry, in accordance with §15.2-1800, Code of Virginia, 1950, as amended to receive citizen input on the Board directing the County Administrator and County Legal Counsel to negotiate a contract for Fee Simple Title for the transfer of the rail spur from Norfolk Southern Railway to Intertape Property in the Ringgold West Industrial Park and authorization the County Administrator to sign on the behalf of Pittsylvania County for a maintenance operation agreement. A deed would be brought back to the Board for final transfer and approval of the Board of Supervisors. Mr. Davis opened the public hearing at 7:25pm. No one signed up to speak and Mr. Davis closed the hearing at 7:25pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to direct the County Administrator and County Legal Counsel to negotiate a contract for Fee Simple Title for the transfer of the rail spur from Norfolk Southern Railway to Intertape Property in the Ringgold West Industrial Park and authorize the County Administrator to sign on the behalf of Pittsylvania County for a maintenance operation agreement. A deed will be brouP9~t back to the Board for final transfer and Memorandum To: Ken Bowman, Director of Economic Development From: William D. Sleeper, County Administrator Date: February 26, 2010 Subject: Rail Service -Intertape As you are aware, we have been discussing with the Pittsylvania County Board of Supervisors and Intertape of the transfer of the remainder of the rail owned by the County of Pittsylvania to the private industry of Intertape in order for the County to transfer the required liabilities and the maintenance and upkeep on that facility to the only industry that has been using it since its development in the early 1990s. Attached hereto, you will find plats showing the required rail service; a number of the plats are not correct. Please reference the Norfolk-Southern plat that shows Track "A" from the switch across Eagle Springs Road and across the Industrial Access Road to Tract "B" and Tract "C" and Track "A" as all owned by the Pittsylvania County Board of Supervisors. Tract "B" and Tract "C" are owned by Intertape. Tract "D" and Tract "E" are owned by Intertape as well as the end of Tract "A", is owned by Intertape from its current property line as shown on the Dewberry & Davis map dated August 20, 1997. I am requesting that you discuss this with the Honorable John P. Light, Legal Counsel, regarding the necessary documentation and the required mapping in order to transfer the rail from the Norfolk-Southern switch around to Tract "D" from the Intertape property. The Dewberry drawings show a railroad track survey from Eagle Springs Road on Route 730 around to Tract "D"; however, there are no engineering drawings that would show the 50 foot railroad right-of- way owned by Pittsylvania County from the switch to Route 730. In order to get this done, it will be necessary to do a request for proposals or a bid for the required survey through the Central Purchasing Department. I will work with you to develop these scopes of services necessary for that RFP. If you should have any questions concerning this contract negotiation, please do not hesitate to contact my office. WDS/kp Attachments Cc: Honorable John P. Light, Legal Counsel Otis S. Hawker, Assistant County Administrator Greg L. Sides, Assistant County Administrator P98 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY i AGENDA TITLE: AGENDA DATE: ITEM NUMBER: ~ OS-07-2012 9 Agreement Between Pittsylvania County and Norfolk Southern Railway for Hurt Waterline ACTION: INFORMATION: Yes SUBJECTIPROPOSAL/REOUEST: CONSENT AGENDA: Agreement for a Force Main Under the Norfolk ACTION: INFORMATION: Southern Railway ATTACHMENTS: STAFF CONTACT(S): Yes William D. Sleeper REVIEWED BY: BACKGROUND: The Pittsylvania County Board of Supervisors applied with the Tobacco Commission for funds to build a waterline along Route 29 Business to serve the propose Hurt Industrial Park in the future. This waterline would pass in front of Burlington Industries/Klopman Mills Plant. In addition, the sanitary sewer is also proposed to provide services from the Klopman Mills Plant to treatment facilities in Altavista. DISCUSSION: In order to provide the necessary sewage transfer from the Klopman Mills Plant to the Altavista Plant, a force main must go under the Norfolk Southern Railway to the Town of Altavista. The Norfolk Southern Railway is requiring a payment from the Pittsylvania County Board of Supervisors for an agreement to authorize this line to go under the Norfolk Southern Railway through the railways' right-of--way property. The proposed fee is $11,200 and a one time occupancy fee in the amount of $10,200, total $21,400 to the Norfolk Southern Corporation for the rights to cross the Norfolk Southern Railway. RECOMMENDATION: Staff recommends the Board of Supervisors approve this agreement, subject to legal review, with the Norfolk Southern Railway Company and authorize the Chairman to sign on the behalf of Pittsylvania County. Funds are provided from the grant fund for the Hurt Water and Sewer lines. P99 THIS AGREEMENT, dated as of the day of 20 is made and entered into by and between NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, whose mailing address is Three Commercial Place, Norfolk, Virginia, 23510 (hereinafter called "Railway"); and PITTSYLVANIA COUNTY, a political subdivision of the Commonwealth of Virginia, whose mailing address is 21 North Main Street, Chatham, Virginia 24531 (hereinafter called "Licensee"). WITNESSETH WHEREAS, Licensee proposes to install, maintain, operate and remove an 8-inch ductile iron sanitary sewer pipe in a 20-inch steel pipe (hereinafter called the "Facilities") located in, under and across the right-of--way or property and any tracks of Railway, at Milepost AC-197.43, Hurt Connection Line, at or near Hurt, Pittsylvania County, Virginia, the same to be located in accordance with and limited to the installation shown on print of drawings marked Exhibit A, B and C, dated February 14, 2012, and Pipe Data Sheet, attached hereto and made a part hereof; and WHEREAS, Licensee desires a license to use such right-of--way or property of Railway for the installation, construction, maintenance, operation and removal of the Facilities. NOW, THEREFORE, for and in consideration of the premises, the payment of a non- refundable, non-assignable one-time fee in the amount of ELEVEN THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($11,200.00) (hereinafter called the "Fee") to cover the Risk Financing Fee (as hereinafter defined) in the amount of $1,000, and aone-time occupancy fee in the amount of $10,200, and the covenants hereinafter set forth, Railway hereby permits and grants to Licensee, insofar as Railway has the right to do so, without warranty and subject to all encumbrances, covenants and easements to which Railway's title may be subject, the right to use and occupy so much of Railway's right-of--way or property as may be necessary for the installation, construction, maintenance, operation and removal of the Facilities (said right-of--way or property of Railway being hereinafter collectively called the "Premises"), upon the following terms and conditions: 1. Use and Condition of the Premises. The Premises shall be used by Licensee only for the installation, construction, maintenance, operation and removal of the Facilities and for no other purpose without the prior written consent of Railway, which consent may be withheld by Railway in its sole discretion. Licensee accepts the Premises in their current "as is" condition, as suited for the installation and operation of the Facilities, and without the benefit of any improvements to be constructed by Railway. 2. Installation of the Facilities; Railway Support. Licensee shall, at its expense, install, construct, maintain and operate the Facilities on a lien-free basis and in such a manner as will not interfere with the operations of Railway, or endanger persons or property of Railway. P100 Such installation, construction, maintenance and operation of the Facilities shall be in accordance with (a) the plans and specifications (if any) shown on the prints attached hereto and any other specifications prescribed by Railway, (b) applicable laws, regulations, ordinances and other requirements of federal, state and local governmental authorities, and (c) applicable specifications adopted by the American Railway Engineering and Maintenance-of--Way Association, when not in conflict with the applicable plans, specifications, laws, regulations, ordinances or requirements mentioned in (a) and (b), above. All underground pipes must have secondary pipe containment if the material flowing through the pipeline poses a safety or environmental hazard. Any change to the character, capacity or use of the Facilities shall require execution of a new agreement. 3. Railway Support. Railway shall, at Railway's option, furnish, at the sole expense of Licensee, labor and materials necessary, in Railway's sole judgment, to support its tracks and to protect its traffic (including, without limitation, flagging) during the installation, maintenance, repair, renewal or removal of the Facilities. 4. Electronic Interference. Licensee will provide Railway with no less than sixty (60) days advance written notice prior to the installation and operation of cathodic protection in order that tests may be conducted on Railway's signal, communications and other electronic systems (hereinafter collectively called the "Electronic Systems") for possible interference. If the Facilities cause degradation of the Electronic Systems, Licensee, at its expense, will either relocate the cathodic protection or modify the Facilities to the satisfaction of Railway so as to eliminate such degradation. Such modifications may include, without limiting the generality of the foregoing, providing additional shielding, reactance or other corrective measures deemed necessary by Railway. The provisions of this paragraph 4 shall apply to the Electronic Systems existing as of the date of this Agreement and to any Electronic Systems that Railway may install in the future. 5. Corrective Measures. If Licensee fails to take any corrective measures requested by Railway in a timely manner, or if an emergency situation is presented which, in Railway's judgment, requires immediate repairs to the Facilities, Railway, at Licensee's expense, may undertake such corrective measures or repairs as it deems necessary or desirable. 6. Railway Changes. If Railway shall make any changes, alterations or additions to the line, grade, tracks, structures, roadbed, installations, right-of--way or works of Railway, or to the character, height or alignment of the Electronic Systems, at or near the Facilities, Licensee shall, upon thirty (30) days prior written notice from Railway and at its sole expense, make such changes in the location and character of the Facilities as, in the opinion of the chief engineering officer of Railway, shall be necessary or appropriate to accommodate any construction, improvements, alterations, changes or additions of Railway. 7. Assumption of Risk. Unless caused solely by the negligence of Railway or caused solely by the willful misconduct of Railway, Licensee hereby assumes all risk of damage to the Facilities and Licensee's other property relating to its use and occupation of the Premises or business carried on the Premises and any defects to the Premises; and Licensee hereby 2 P101 indemnifies Railway, its officers, directors, agents and employees from and against any liability for such damage. 8. Entry Upon Premises. Prior to commencement of any work to be performed on or about the Premises, Licensee shall notify the appropriate Division Engineer for the scheduling of protection and inspection. Within seventy-two (72) hours after the Division Engineer's actual receipt of such notification, the Division Engineer shall review the necessity and availability of flagmen for the proposed work and advise Licensee of such matters and the estimated cost therefor. No work shall be permitted on or about the Premises without the presence of Railway's flagman or the Division Engineer's waiver of the requirement for flag protection. Entry on or about the Premises or any other Railway right-of--way without the Division Engineer's prior approval shall be deemed trespassing. Licensee agrees to pay Railway, within thirty (30) days after delivery of an invoice therefor, for any protection and inspection costs incurred by Railway, in Railway's sole judgment, during any such entry. 9. Liens; Taxes. Licensee will not permit any mechanic's liens or other liens to be placed upon the Premises, and nothing in this Agreement shall be construed as constituting the consent or request of Railway, express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises, nor as giving Licensee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that could give rise to any mechanic's liens or other liens against the Premises. In addition, Licensee shall be liable for all taxes levied or assessed against the Facilities and any other equipment or other property placed by Licensee within the Premises. In the event that any such lien shall attach to the Premises or Licensee shall fail to pay such taxes, then, in addition to any other right or remedy available to Railway, Railway may, but shall not be obligated to, discharge the same. Any amount paid by Railway for any of the aforesaid purposes, together with related court costs, attorneys' fees, fines and penalties, shall be paid by Licensee to Railway within ten (10) days after Railway's demand therefor. 10. Indemnification. Licensee hereby agrees to indemnify and save harmless Railway, its officers, directors, agents and employees, from and against any and all liabilities, claims, losses, damages, expenses (including attorneys' fees) or costs for personal injuries (including death) and property damage to whomsoever or whatsoever occurring (hereinafter collectively called "Losses") that arise in any manner from (a) the installation, construction, maintenance, operation, presence or removal of, or the failure to properly install, construct, maintain, operate or remove, the Facilities, or (b) any act, omission or neglect of Licensee, its agents, servants, employees or contractors in connection therewith, unless caused solely by the negligence of Railway or caused solely by the willful misconduct of Railway. 11. Insurance. (a) Without limiting in any manner the liability and obligations assumed by Licensee under any other provision of this Agreement, and as additional protection to Railway, Licensee shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (i) below and shall procure and maintain with insurance companies satisfactory to Railway, the insurance policies described in subparagraphs (ii) and (iii). 3 P102 (i) Upon execution of this Agreement, Licensee shall pay Railway a Risk Financing Fee of $1,000.00 to provide for such supplemental insurance (which may be self-insurance) as Railway, in its sole discretion, deems to be necessary or appropriate. (ii) Prior to commencement of installation or maintenance of the Facilities or entry on Railway's property, Licensee, and its contractor if it employs one, shall procure and maintain for the course of said installation and maintenance, a general liability insurance policy naming Railway as an additional insured, and containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $1,000,000 for each occurrence. (iii) Prior to commencement of any subsequent maintenance of the Facility during the term of this Agreement, Licensee, or its contractor if it employs one, shall furnish Railway with an original Railroad Protective Liability Insurance Policy naming Railway as the named insured and having a limit of not less than a combined single limit of $2,000,000 each occurrence and $6,000,000 aggregate. (b) All insurance required under preceding subsection (a) shall be underwritten by insurers and be of such form and content as may be acceptable to Railway. Prior to commencement of installation or maintenance of the Facilities or any entry on Railway's property, Licensee, or its contractor if it employs one, shall: furnish to Railway's Risk Manager, Three Commercial Place, Norfolk, Virginia 23510-2191 (or such other representative and/or address as subsequently given by Railway to Licensee in writing), for approval, the original policy described in subsection (a)(iii) and a certificate of insurance evidencing the existence of a policy with the coverage described in subsection (a)(ii). 12. Environmental Matters. Licensee assumes all responsibility for any environmental obligations imposed under applicable laws, regulations, ordinances or other requirements of federal, state and local governmental authorities relating to (a) the installation, construction, maintenance, operation or removal of the Facilities, including notification and reporting of any releases, and (b) any contamination of any property, water, air or groundwater arising or resulting, in whole or in part, from Licensee's operation or use of the Premises pursuant to this Agreement. In addition, Licensee shall obtain any necessary permits to install, construct, maintain, operate or remove the Facilities. Licensee agrees to indemnify and hold harmless Railway from and against any and all fines, penalties, demands or other Losses (including attorneys' fees) incurred by Railway or claimed by any person, company or governmental entity relating to (a) any contamination of any property, water, air or groundwater due to the use or presence of the Facilities on the Premises, (b) Licensee's violation of any laws, regulations or other requirements of federal, state or local governmental authorities in connection with the use or presence of the Facilities on the Premises or (c) any violation of Licensee's obligations imposed under this paragraph. Without limitation, this indemnity provision shall extend to any cleanup and investigative costs relating to any contamination of the Premises 4 P103 ~~ arising or resulting from, in whole or in part, Licensee's use of the Facilities or any other activities by or on behalf of Licensee occurring on or about the Premises. Licensee further agrees not to dispose of any trash, debris or wastes, including hazardous waste, on the Premises and will not conduct any activities on the Premises which would require a hazardous waste treatment, storage or disposal permit. 13. Assignments and Other Transfers. (a) Licensee shall not assign, transfer, sell, mortgage, encumber, sublease or otherwise convey (whether voluntarily, involuntarily or by operation of law) this Agreement or any interest therein, nor license, mortgage, encumber or otherwise grant to any other person or entity (whether voluntarily, involuntarily or by operation of law) any right or privilege in or to the Premises (or any interest therein), in whole or in part, without the prior written consent of Railway, which consent may be withheld by Railway in its sole discretion. Any such assignment or other transfer made without Railway's prior written consent shall be null and void and, at Railway's option, shall constitute an immediate default of this Agreement. Notwithstanding the foregoing, upon prior written notice to Railway, Licensee may assign this Agreement to a parent, a wholly-owned subsidiary of Licensee or a wholly-owned subsidiary of Licensee's parent without Railway's consent; provided, however, that no such assignment shall relieve Licensee of its obligations under this Agreement. (b) Railway shall have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder and in or to the Premises. From and after the effective date of any such assignment or transfer, Railway shall be released from any further obligations hereunder; and Licensee shall look solely to such successor-in-interest of Railway for the performance of the obligations of "Railway" hereunder. 14. Meaning of "Railway". The word "Railway" as used herein shall include any other company whose property at the aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers, directors, agents and employees, and any parent company, subsidiary or affiliate of Railway and their respective officers, directors, agents and employees. 15. Default; Remedies. (a) The following events shall be deemed to be events of default by Licensee under this Agreement: (i) Licensee shall fail to pay the Fee or any other sum of money due hereunder and such failure shall continue for a period of ten (10) days after the due date thereof; (ii) Licensee shall fail to comply with any provision of this Agreement not requiring the payment of money, all of which terms, provisions and covenants shall be deemed material, and such failure shall continue for a period of thirty (30) days after written notice of such default is delivered to Licensee; 5 P104 ~i (iii) Licensee shall become insolvent or unable to pay its debts as they become due, or Licensee notifies Railway that it anticipates either condition; (iv) Licensee takes any action to, or notifies Railway that Licensee intends to file a petition under any section or chapter of the United States Bankruptcy Code, as amended from time to time, or under any similar law or statute of the United States or any State thereof; or a petition shall be filed against Licensee under any such statute; or (v) a receiver or trustee shall be appointed for Licensee's license interest hereunder or for all or a substantial part of the assets of Licensee, and such receiver or trustee is not dismissed within sixty (60) days of the appointment. (b) Upon the occurrence of any event or events of default by Licensee, whether enumerated in this paragraph 15 or not, Railway shall have the option to pursue any remedies available to it at law or in equity without any additional notices to Licensee. Railway's remedies shall include, but not be limited to, the following: (i) termination of this Agreement, in which event Licensee shall immediately surrender the Premises to Railway; (ii) entry into or upon the Premises to do whatever Licensee is obligated to do under the terms of this License, in which event Licensee shall reimburse Railway on demand for any expenses which Railway may incur in effecting compliance with Licensee's obligations under this License, but without rendering Railway liable for any damages resulting to Licensee or the Facilities from such action; and (iii) pursuit of all other remedies available to Railway at law or in equity, including, without limitation, injunctive relief of all varieties. 16. Railway Termination Right. Notwithstanding anything to the contrary in this Agreement, Railway shall have the right to terminate this Agreement and the rights granted hereunder, after delivering to Licensee written notice of such termination no less than sixty (60) days prior to the effective date thereof, upon the occurrence of any one or more of the following events: (a) If Licensee shall discontinue the use or operations of the Facilities; or (b) If Railway shall be required by any governmental authority having jurisdiction over the Premises to remove, relocate, reconstruct or discontinue operation of its railroad on or about the Premises; or (c) If Railway, in the good faith judgment of its Superintendent, shall require a change in the location or elevation of its railroad on or about the location of the Facilities or the Premises that might effectively prohibit the use or operation of the Facilities; or (d) If Railway, in the good faith judgment of its Superintendent, determines that the maintenance or use of the Facilities unduly interferes with the operation and maintenance of the facilities of Railway, or with the present or future use of such 6 7 P105 property by Railway, its lessees, affiliates, successors or assigns, for their respective purposes. 17. Condemnation. If the Premises or any portion thereof shall be taken or condemned in whole or in part for public purposes, or sold in lieu of condemnation, then this Agreement and the rights granted to Licensee hereunder shall, at the sole option of Railway, forthwith cease and terminate. All compensation awarded for any taking (or sale proceeds in lieu thereof) shall be the property of Railway, and Licensee shall have no claim thereto, the same being hereby expressly waived by Licensee. 18. Removal of Facilities: Survival. The Facilities are and shall remain the personal property of Licensee. Upon the expiration or termination of this Agreement, Licensee shall remove the Facilities from the Premises within thirty (30) days after the effective date thereof. In performing such removal, unless otherwise directed by Railway, Licensee shall restore the Premises to the same condition as existed prior to the installation or placement of Facilities, reasonable wear and tear excepted. In the event Licensee shall fail to so remove the Facilities or restore the Premises, the Facilities shall be deemed to have been abandoned by Licensee, and the same shall become the property of Railway for Railway to use, remove, destroy or otherwise dispose of at its discretion and without responsibility for accounting to Licensee therefor; provided, however, in the event Railway elects to remove the Facilities, Railway, in addition to any other legal remedy it may have, shall have the right to recover from Licensee all costs incurred in connection with such removal and the restoration of the Premises. Notwithstanding anything to the contrary contained in this Agreement, the expiration or termination of this Agreement, whether by lapse of time or otherwise, shall not relieve Licensee from Licensee's obligations accruing prior to the expiration or termination date, and such obligations shall survive any such expiration or other termination of this Agreement. 19. Entire Agreement. This Agreement contains the entire agreement of Railway and Licensee and supersedes any prior understanding or agreement between Railway and Licensee respecting the subject matter hereof; and no representations, warranties, inducements, promises or agreements, oral or otherwise, between the parties not embodied in this Agreement shall be of any force or effect. 20. Attorneys' Fees. If Railway should bring any action under this Agreement, or consult or place the Agreement or any amount payable by Licensee hereunder, with an attorney concerning or for the enforcement of any of Railway's rights hereunder, then Licensee agrees in each and any such case to pay to Railway all costs, including but not limited to court costs and attorneys' fees, incurred in connection therewith. 21. Severability. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby; and it is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. 7 P106 22. Modifications; Waiver; Successors and Assigns. This Agreement may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this Agreement shall be deemed to have been waived by Railway unless such waiver shall be in a writing signed by Railway and addressed to Licensee, nor shall any custom or practice that may evolve between the parties in the administration of the terms hereof be construed to waive or lessen the right of Railway to insist upon the performance by Licensee in strict accordance with the terms hereof. The terms and conditions contained in this Agreement shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their respective successors in interest and Legal representatives, except as otherwise herein expressly provided. If there shall be more than one Licensee, the obligations hereunder imposed upon Licensee shall be joint and several. 23. Notice. Any and all other notices, demands or requests by or from Railway to Licensee, or Licensee to Railway, shall be in writing and shall be sent by (a) postage paid, certified mail, return receipt requested, or (b) a reputable national overnight courier service with receipt therefor, or (c) personal delivery, and addressed in each case as follows: If to Railway: c/o Norfolk Southern Corporation 1200 Peachtree Street, NE - 12~' Floor Atlanta, Georgia 30309-3504 Attention: Director Real Estate If to Licensee: Pittsylvania County 21 North Main Street Chatham, VA 24531 Attention: Asst. County Administrator Either party may, by notice in writing, direct that future notices or demands be sent to a different address. All notices hereunder shall be deemed given upon receipt (or, if rejected, upon rejection). 24. Miscellaneous. All exhibits, attachments, riders and addenda referred to in this License are incorporated into this Agreement and made a part hereof for all intents and purposes. Time is of the essence with regard to each provision of this Agreement. This Agreement shall be construed and interpreted in accordance with and governed by the laws of the State in which the Premises are located. Each covenant of Railway and Licensee under this Agreement is independent of each other covenant under this Agreement. No default in performance of any covenant by a party shall excuse the other party from the performance of any other covenant. The provisions of Paragraphs 7, 9, 10, 12 and 18 shall survive the expiration or earlier termination of this Agreement. 8 P107 25. Limitations of Grant. Licensee acknowledges that the license granted hereunder is a quitclaim grant, made without covenants, representations or warranties with respect to Railway's (a) right to make the grant, (b) title in the Premises, or (c) right to use or make available to others the Premises for the purposes contemplated herein. Railway is the owner and/or holder of the Premises subject to the terms and limitations under which it is owned or held, including without limitation conditions, covenants, restrictions, easements (including any pre-existing fiber optic easements or licenses), encroachments, leases, licenses, permits, mortgages, indentures, reversionary interests, fee interests, zoning restrictions and other burdens and limitations, of record and not of record, and to rights of tenants and licensees in possession, and Licensee agrees that the rights licensed hereunder are subject and subordinate to each and all of the foregoing. Licensee accepts this grant knowing that others may claim that Railway has no right to make it, and Licensee agrees to release, hold harmless and indemnify (and, at Railway's election, defend, at Licensee's sole expense, with counsel approved by Railway) Railway, its affiliated companies, and its and their respective officers, directors, agents and employees, from and against any detriments to, or liabilities of, any type or nature arising from such claims, including punitive damages and any forfeitures declared or occurring as a result of this grant. 26. Limitations Upon Damages. Notwithstanding any other provision of this Agreement, Railway shall not be liable for breach of this Agreement or under this Agreement for any consequential, incidental, exemplary, punitive, special, business damages or lost profits, as well as any claims for death, personal injury, and property loss and damage which occurs by reason of, or arises out of, or is incidental to the interruption in or usage of the Facilities placed upon or about the Premises by Licensee, including without limitation any damages under such claims that might be considered consequential, incidental, exemplary, punitive, special, business damages or loss profits. [Remainder of page intentionally left blank] 9 h P108 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, each part being an original, as of the date first above written. Witness: As to Railway Witness: As to Licensee NORFOLK SOUTHERN RAILWAY COMPANY Bv: Real Estate Manager PITTSYLVANIA COUNTY By: _ Title: APPROVED AS TO PORM Activity Number 1164118 JSM: April 13, 2012 File No. 562674v2 J. VADEN HUNT, ESO. ATTORNEY, PITTSYLVANIA COUNTY 10 b P109 PIPE DATA SHEET Revised 1-5-12 CARRIER PIPE CASING PIPE CONTENTS TO BE HANDLED Waste Water Sewer Pipe NORMAL OPERATING PRESSURE 25 PSI Atmosphere NOMINAL SIZE OF PIPE g ~~ 2 0 " OUTSIDE DIAMETER 9.05" 20" INSIDE DIAMETER g , 5 ~~ 18.93 6 " WALL THICKNESS , 2 ~ ~~ . 53 2 " WEIGHT PER FOOT 22 , 8 lbs . 80.50 lbs . MATERIAL Ductile Iron Structural Steel PROCESS OF MANUFACTURE ANSI AWWA ASTM 139 C151/A21.50 SPECIFICATION ANSI /AWWA ASTM A- 2 5 2 C150/A21.50 Grade 2 GRADE OR CLASS Class 50 2 TEST PRESSURE 200 PSI 35, 000 psi TYPE OF JOINT Push on Gasket Welded TYPE OF COATING Asphalt Coating N/A DETAILS OF CATHODIC PROTECTION NA. N/A DETAILS OF SEALS OR PROTECTION AT END OF CASING N`a'~ Cement Mortar CHARACTER OF SUBSURFACE MATERIAL Silty Clay Silt Clay APPROXIMATE GROUND WATER LEVEL > 10' >10' SOURCE OF INFORMATION ON ie urvey ie urvey SUBSURFACE CONDITIONS & Observation & Observation Proposed Method of Installation: ^ Bore and jack (per Section 5.1.3 of NSCE-8) ^ Jacking (per Section 5.1.4 of NSCE-8) ^ Tunneling (with Tunnel Liner Plate) (per Section 5.1.5 of NSCE-8) ^ Directional Bore/Horizontal Direction Drilling - Method A (per Section 5.1.6 of NSCE-8) ^ Directional Bore/Horizontal Direction Drilling - Method B (per Section 5.1.6 of NSCE-8) ^X Open Cut (per Section 5.1.2 of NSCE-8). All installations directly under any track must be designed as a bored installation: Open cut installations will be considered on a case-by-case basis by Norfolk Southern's Division Superintendent at the time of installation. ^ Other (Specify): Ac~,'OM is NORFBUC sOUn~~RN P110 ~rchrnl~ ~l,At.,r, ' 0 15 30 6i { W FEE"f ) ~ 1 inch = 30 ft. _ ~ / CROSSING ~~ ~ CONC. PIER ANGLE ~ . ` SIGN PER ~ ~- RR SPECS RAILROAD ~ INV.= 522 ~ ~ ~O RACKS o~ 2 C.~OOTING 9~ ~~ s. 1 •/ >~ ~ _ -` ,, .~ P ~~• ~. l~ ~ - ,'` ~~~'_ ~/;'' _:_==~1` ._ .x$:68'; `; _ •~ ~ `~ ~ , / ~ CTS/ \j ~/ ~ •/`~ ~~ " -- '\\\\ `;\\`\'~ ~ j1 - O 216'- 20" STEEL "'' - •~ ~1 ~ ~~`~ - . j-, ' " CARR/ER PIPE 3/8" --J' ' ±• ~ ~ ~"" CONC. `, ~ ~ ~~; ~ %; ,, ~ _ _-~ ~-"=,`" ABUTMENT ' i/ r Z. 4 ~, ' ;~ ~ ~ ~ , ! ~" ; ,; %'; - _ ~ _ ~ti~,I,TH Off. SIGN PER ' C n ~n :' ;~; % " RR SPECS ZO 1 ~ ' ~/~~~.-'~~ ~ ; v TER~PLE C. ~ECaRE ~ ._ .~~`- - i ~ , ' ~, ; " INV=523.95' Lic. No. 037078 ' O J 1 ~. ~'t~s aG1 • t.~.~ CONTR4CTOR SHALL FOLLOW ALL REQUIREMENTS OF NORFOLK SOUTHERN'S NSCE-8 SPEClf7CA170NS. P/PE LINE AND CROSSING TO BE INSTALLED ~4{AIIyTA/NED /N ACCORDANCE WITH LOST APPROVED AMER/CAN R4/LWAY ENGINEERING AND MAINTENANCE OF WAY ASS~Ad SPEC/f7CATlONS FOR PIPELINES CONVEYING fZAMMABLE AND NON-FLAMMABLE SUBSTANCES. - BLASTING NOT PERMITTED. SEWER L-NE PLAN @ ENGLISH PROPERl Y @ RAILROAD CROSSING I~~'i~~cII ~ 2. 'DOWN OF HURT S]EVVER LINE ~.s P.c. Z~l 1~1 PRO RFESSIO~ Offices-Suite B Pl~['['SYLVANlA COi;INT'Y, VIRGINIA, 110 Exchange St.-Danville, VA 24541 vvww.landeng.com HUR'L', VIRGINIA N.C. LICENSE: # C-2577 ~ / VA. LICENSE: # 0404-00 140 I 2- ~0-12 _------~i P111 ~~~ 'ES: !.. R.R. RETA/N/NG WALL FOOTING /S APPROX/MATED FROM HAND D/GG/NG TO TOP OF FOOTING AND ESTIMATED F0011NG DEPTH. CONTRACTOR SH,4LL FlELD VERIFY HORIZONTAL AND VERTICAL LOCr4TlON OF F0071NG PR/OR TO SETTING UP BORED CROSSING DEPTH. 2. F.O.C DEPTH lS ASSUMED FROM lYP/C.AL INSTALL DEP1N5 HORIZONTAL LOCA710N TAKEN FROM M/SS UTlU71ES MARK/NGS. CON71?ACTOR SHALL FIELD VER/FY HORIZONTAL AND VERTICAL LOCA770N OF ALL U17UT1ES PR/OR TO CONSTRUCTION. _, - .~tiALTH 0~, °'~~0~ L~,~„ :: v T~1~~`!~ C. t~~~3GORE `' l Lic. pia. 0 7078 ~- ~ 2 / O I.Z ,~~, ~' ~~ 1~ ;t '~=;,~ SS ~,~ ~.. 1 ~-~ ~' ,. GRAPHIC SCALE CENTER LINE 565 R.R. TRACKS TOP OF RAIL ~ 562.85' ~ 3 3 ~ ~ ~ O ~ 560 -~ - - ~~ ~ ~ O a O Q ~ ~ 555 ~ - - BOTTOM OF RAIL ~ ROAD TRESTLE BEAMS 55 .95' A SlG PER r! ~ ~- S/GN PER SP C ~ ~ SPEC- WARN/ VG ~ ~~ TAPE ?' ~' BELDI ± SURFACE W A~'PROX/ NAIF LOCATION EXlS71ti 530 -\ ~~_ ,~ 520 ( IN FEET inch = 50 f~ DATUM ELEV 500.00 VERlIC~IL SCALE 1 ~5' HORZONTAL SCALE 1"50' 3. ~ " RCF P/PE lA V. 52.~.48~ .__. / / ----C-- - AP'ROX/MATE LOCATION 15 ` CMP P/PE lN4. 520.84' ~ ~ ~ ~ EXH`~'~~~ ~ " ~ o+oo ao 6" M/N. CLEARAN ~E 216'- 20" S7FEL CASING 3/8" ~ o ~ h ~ ~ +o0 12+00 SEWER LINE PROFlLE @ EN6USH PROPERTY @ RAILROAD CROSSING I~I~ ~~c i ~ ~ T i ~ ]~ Z TOWN OF HURT S]EVVER LINE PROFESSIONALS P.C. 1 River Run Executive Offices-Suite B Pl~l 1-71 LVt'~t~~t'S1 ~Vl\ 1 i, • 11tG11rlti 110 Exchange St-Danville, VA 24541 www.landeng.com N.C. LJCENSE: # C-2577 HURT, VIRGINIA VA LICENSE # 0404-00 140 I 2-10-12 ~i P112 570 TOP OF RAIL 562.85' - ~~ 560 - STEEL BEAMS OF TRESTLE- ~~ ~ BOTTOM OF R4/L ROAD n?ESTLE BEAMS 55295' - !--' CONC. I 550 - ABUTMENT- -" - o~ ~ C,! ~~ v T~;~~; E C. fi~':?C~~E ~ Lic. No. 0 X70"78 ,~~ / ~~ 1 .~S ~~~` vERnr~u sc,~ ~ ~~o~ HoRZONra~ sr~ ~ ~so~ GRAPHIC SCALE ; z5 so goo 1 inch = 50 f~ LE.~11 W a Exisnac cRA; )E o - W -CONC. PIER ti - - _ - 540 ~ -- N n?ENCH I N ~W/DTH 1~ -.. ~ ~ 3 f- EX/S77NG ' ROAD 530 - ~ ~-- - l 8" FO CL~ W/20 CARR/ P/PE INV. 5 ~.19 520 ,~2s' 7s' - ~ TOP OF FOOTING / 514.45 510 7~ - BOTT. OF '1 L FOOTING / 1 J UNKNOWN 497.19 ELEV - I 500 1 - 471 00 DATUM ELEY ELEV o ao 0 ~ h h 0+00 1+00 1+39 PROfILE @ ENGUSN PROPERTY @ R4ILROAD CROSSING ~ ~ I ~.~ TOWN OF HURT SI~VVER LINE PROFESSIONALS P.C. ` River Run Executive Offices-Suite B P~V ~ ~.,VV1r 1 1, V~G~I~ 110 Exchange St.-Danville, VA 24541 www.landeng.com N.C. LICENSE: # C-2577 HURT, VIRGINIA VA LICENSE: # 0404-001401 2-10-12 490.00 0 N P113 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: OS-07-2012 ITEM NUMBER: 10 Request for Surplus Vehicle -River Bend Volunteer Fire Department SUB,IECT/PROPOSAL/REQUEST: Request for Surplus Equipment STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Pittsylvania County Board of Supervisors has approved the transfer of surplus vehicles to volunteer fire departments and rescue squads upon their request prior to authorizing those vehicles for sale to the public. DISCUSSION: River Bend Volunteer Fire Department has requested a surplus sheriff's vehicle to be utilized by the volunteer fire department for emergency and transportation needs. RECOMMENDATION: Staff recommends the Board of Supervisors approve this request to authorize the transfer of the first available surplus vehicle to the River Bend Volunteer Fire Department with the requirement that if the department no longer needs this vehicle, it is to be returned to the Pittsylvania County Board of Supervisors to be surplused to the public. P114 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: OS-07-2012 ITEM NUMBER: 11 Award Engineering for Orphanage Road/Jefferson Road Waterline ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REOUEST: Engineering Contract CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Pittsylvania County Board of Supervisors approved the Orphanage Road/Jefferson Road waterline currently funded in the Capital Outlay Account in the 2011/2012 Annual Budget. DISCUSSION: The Board of Supervisors approved for the County Administrator to solicit Request for Proposals (RFP) for the necessary engineering of the Orphanage Road/Jefferson Road waterline. This has been completed and six (6) firms responded to the RFP. Three (3) firms were selected for interviews and the committee unanimously selected Reynolds-Clark Development, Inc. of Gretna, Virginia, to the Board of Supervisors to provide the necessary engineering. RECOMMENDATION: Staffrecommends the Board of Supervisors authorize the County Administrator to sign the required contract dated Apri130, 2012 for the total of $29,950 with the firm of Reynolds-Clark Development, Inc. of Gretna, Virginia. P115 C Reyno ds C ar Apri130, 2012 Mr. Dan Sleeper, County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 RE: Proposal for Civil Engineering Design Services Orphanage Road and Jefferson Road Public Water Extension Pittsylvania County, VA Dear Mr. Sleeper: Reynolds-Clark Development, Inc. (R-C) is pleased to submit the following proposal to provide engineering services for the design of a public waterline extension along Orphanage Road and Jefferson Road for Pittsylvania County (County). Our understanding of the project and our proposed scope of services are described below. UNDERSTANDING OF THE PROJECT We understand that County desires to install a waterline from the intersection of Iris Lane and Orphanage Road to the intersection of Walnut Creek Road, as well as along Jefferson Road to the dead end. R-C understands that that design work includes approximately 3,300 linear feet of 8" waterline along Orphanage Road and Walnut Creek Road and approximately 7801inear feet of 6" waterline along Jefferson Road. The design will include the waterline and all appurtenances, as well as approximately twenty (20) taps to serve existing homes. SCOPE OF SERVICES Based on our present knowledge of the project, R-C proposes to provide the following scope of services. Any item not contained in the following scope of services will be deemed additional services and will be billed accordingly. 112 South Main Street PO BOX 556 Gretna, VA 24557 434.656.8961 p 434.656.8995f www.reynoldsclark.com P116 Apri130, 2012 Orphanage Road and Jefferson Road Public Water Extension Page 2 of 5 A. Preliminary Engineering Report - A Preliminary Engineering Report (PER) will be required by the Virginia Department of Health (VDH). The PER will include the scope of the project, projected service areas, design criteria, and proposed costs. The water demands will be estimated based existing users and proposed connections. B. Surveying -The survey will include approximately 4,100 linear feet from the intersection of Orphanage Road and Iris Lane to the end of the project R-C will utilize existing County GIS maps as a base map for the construction documents. . These base maps will be supplemented by field surveys to locate additional data such as utilities, driveways, culvert pipes, mailboxes, permanent structures, etc. For utility location, we intend to submit a "design" ticket to Miss Utility for in-field horizontal location. After marking by Miss Utility, our survey crews will locate these marks allowing us to illustrate the utility locations on the construction plans. The proposed route will be selected prior to surveying and only that side of the road will be surveyed. B. Additional Surveying - R-C will obtain additional topographical survey of approximately 1,000 linear feet from the intersection of Orphanage Road and Iris Lane to Route 41 if necessary. C. Easement Plat Preparation - If private easements become necessary, R-C can provide technical assistance in acquiring such easements. This will be deemed an additional service and additional fees will be required. Easement plats will be prepared and stamped by a surveyor certified in the State of Virginia if necessary. Plats will be prepared for temporary construction and permanent maintenance easements. D. Construction Document Preparation - R-C will design an appropriately sized waterline based on the PER. Construction Documents will include plan and profile drawings of the proposed waterline extension. R-C will prepare detailed construction drawings for different aspects of the waterline extension such as hydrant and valve installation and tie-in locations to the existing system. A construction cost estimate will be prepared based on the final drawings. We understand the County intends to place the waterline within existing state right- of-way and not acquire easements from private property owners. If private easements become necessary, R-C can provide technical assistance in acquiring such easements. This will be deemed an additional service and additional fees will be required. R-C intends to utilize Pittsylvania County Service Authority (PCSA) technical specifications for this project. These specifications will be reviewed to ensure compatibility with our design and will be modified as necessary. These specifications will be incorporated into the contract documents. 112 South Main Street PO BOX 556 Gretna, VA 24551 434.656.8961 p 434.656.8995 f www.reynoldsclark.com P117 Apri130, 2012 Orphanage Road and Jefferson Road Public Water Extension Page 3 of 5 R-C will prepare the bidding, contract and general requirement documents to accompany the technical specifications as part of the Project Manual. This Project Manual will be combined with the construction drawings to form the complete bidding package. R-C will submit preliminary plans to the County, the VDH and PCSA for review and comment. After receipt of all comments from the County and all applicable reviewing authorities, we will address comments, make any necessary drawing revisions, perform a final quality control review, and prepare final sealed plans to be used for bidding purposes. E. Bidding, Construction Administration & Project Management - R-C will assist the County with project advertisement and provide ten (10) sets of construction documents for bidding purposes. Questions from contractors will be addressed throughout the bidding process and addenda will be prepared as necessary. R-C will attend the pre-bid conference, bid opening, prepare a bid tabulation of received bids, and make a recommendation of award. R-C will prepare the Agreement, Notice of Award, Notice to Proceed and assist with procurement for the successful contractor to initiate the work. Five (5) additional sets of plans and specifications will be provided for construction purposes. Shop drawings and change orders will be reviewed. APre-construction Conference will be conducted to discuss and align project tasks and schedule. Up to four (4) site visits will be made to inspect the work during construction assuming a construction period four (4) months. One thorough visit will be made monthly for the purpose of reviewing contractor's pay requests. R-C will attend up to two (2) Community Meetings, if necessary, to meet with all stakeholders within the project area. Certification of completion of work will be provided to VDH to obtain approval to place the line(s) into service. R-C will provide project management services throughout the design and construction phases of the project. R-C will develop a schedule for the design phase of the project identifying all project tasks and project milestones and provide monthly Project Status Reports that will be submitted electronically in PDF format at the end of each month for the work completed through the last Friday of the respective month. R-C will provide a Communication Needs Plan (CNP) that will include all known project stakeholders and the means necessary to maintain open communication. Updates will be made accordingly and the CNP will be distributed via email in PDF format. Once the successful contractor is awarded the contract, R-C will generate a schedule for the construction phase of the project and submit monthly Project Status Reports 112 South Main Sheet PO BOX 556 Gretna, VA 2455 434.656.8961 p 434.656.8995 f www.reynoldsclark.com P118 Apri130, 2012 Orphanage Road and Jefferson Road Public Water Extension Page 4 of 5 throughout the construction phase of the project, assuming four (4) months for construction. The reports will be submitted electronically in PDF format via email at the end of each month for the work completed through the last Friday of the respective month. FEES & PAYMENT POLICY Reynolds-Clark Development, Inc, proposes to provide the services detailed above in the SCOPE OF SERVICES for the following fees: A. Preliminary Engineering Report B. Surveying C. Additional Survey (if necessary) ($1,0001fto Route 41) D. Easement Plat Preparation (if necessary) E. Construction Document Preparation E. Bidding, Construction Administration & Project Management Total (excluding additional survey and easement plat preparation) $ 3,000 Lump Sum $ 5,750 Lump Sum $ 1,440 Lump Sum $ 1,150 Each $ 17,400 Lump Sum $ 3,800 Lump Sum $ 29,950 Lump Sum All services will be progress billed monthly until complete. Payment term will be NET 30 days. Invoices not paid in fu1130 days from the date of invoice are subject to a suspension of work until the outstanding bill is paid, and a finance charge of 1 1/2% per month on the unpaid balance. SPECIAL CONDITIONS AND QUALIFICATIONS 1. Any items not specifically described in our Scope of Services above are not included in this proposal. 2. We anticipate the construction of the project scope to last four (4) months. If the construction extends beyond four (4) months, additional construction administration fees may be requested. Should the scope of services as described above increase, Reynolds-Clark Development, Inc. would negotiate additional fees for services beyond those originally proposed. 112 South Main Street PO BOX 556 Gretna, VA 24557 434.656.8961 p 434.656.8995 f wrww.reynoldsclark.com P119 Apri130, 2012 Orphanage Road and Jefferson Road Public Water Extension Page S of 5 4. The County is responsible for payment of all review and permit fees, if any. 5. The County is responsible for payment of all advertising fees. 6. This proposal does not include environmental or testing services of any nature. Again, we appreciate the opportunity to submit a proposal for your project. Please do not hesitate to call if you have any questions or wish to discuss this proposal further. Sincerely, Reynolds-Clark Development, Inc. Gretchen B. Clark, P.E. President ~~~~ G. Timothy C. Reynolds, P.E. Vice President This proposal of Reynolds-Clark Development, Inc. is accepted: Print (type) Individual, Firm, or Corporation Signature of Authorized Representative llate Print (type) Name of Authorized Representative Proposal }Orphanage Road }043012 APPROV~S TO 'ORM 1 ~ ~~ J. VADEN HUNT, ESQ. ATTORNEY, PITTSYLVANIA COUNTY 112 South Main SVeet PO BOX 55fi Gretna, VA 24557 434.656.8961 p 434.656.8995f www.reynoldsclark.com P120 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: OS-07-2012 ITEM NUMBER: 12 Approve Reassessment Contract with Wingate Appraisal i SUBJECT/PROPOSAL/REQUEST: Contract for County Reassessment •~ STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: n ATTACHMENTS: Yes REVIEWED BY: , BACKGROUND: The Pittsylvania County Board of Supervisors is required by State statute to reassess the County every four (4) years. In order to perform that work, it is necessary for the County to have a professional appraiser appraise and certify the value of the County. The State Tax Department's 2012 estimated ratio for Pittsylvania County, it is 98.6% of the current market value. This assessment was made by Wingate Appraisal Service over two (2) years ago. DISCUSSION: Request for Proposals (RFP) were submitted to the market. The County received three (3) responses to its proposal and interviews were held with all three (3) candidates. The County committee recommended the Board of Supervisors to negotiate a contract with Wingate Appraisal Service. That contact is attached hereto. RECOMMENDATION: Staff recommends the Board of Supervisors approve the reassessment contract with Wingate Appraisal Service for $11.50 per parcel of real estate in Pittsylvania County and $5.75 for manufactured mobile homes. This is the lowest cost proposed by all candidates. Total estimated costs for parcels and manufactured mobile homes $613,847. P121 April 27, 2012 ` , , ~,; APP 3 0 2a~2 ! %~ ~; ~,l __ William D. Sleeper County Administrator County of Pittsylvania P. 0. Box 426 Chatham, VA 24531 Re: General Reassessment Agreement Dear Dan: Transmitted herewith are two copies of the proposed Reassessment Agreement and a Certificate of Liability Insurance, showing Pittsylvania County as certificate holder. Should you have any questions or need clarification, please advise. Otherwise, please return one signed copy of the Reassessment Agreement for our files. We appreciate our continuing relationship with Pittsylvania County and took forward to working the upcoming General Reassessment. Sincerely, arold C. Wingate HCW:ca Enclosures Ulinget~ f~~~rt~is~l S~rvic~ 5111 Melrose Avenue, NW • Roanoke, VA 24017 • Voice (540) 986-0420 • Facsimile (540) 986-0927 • infoC~3wingateteam.com Reassessment Specialists P122 A O OR ® Doa 2~%20~) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE BOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate fiolder in Lieu of such endorsement(s). PRODUCER 1-757-648-1402 NAME CT Cynthia J. Confer Arthur J. Gallagher Riak Management Sorvicea, Inc. PsONrE o~~• (757) 353-4928 Fa .No): (757) 353-4929 150 Bouah Street, Suite 1010 Norfolk, VA 23510 Ruatin Godfrey INSURED Wingate Associates Ltd. t/a Wingate Appraisal Service PO Box 6014 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS IND CO OF AMER 25666 rusurecaa. TRAVELERS IND CO 25658 INSURERC: PBOENI% INS CO 25623 INSURER D INSURER E Roanoke, VA 24017 INSURER F COVERAGES CERTIFICATE NUMBER: 26870777 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L gU8 POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE ~~ J~Q. POLICY NUMBER (MM/DD/YYYYI (MMIDD/YYYY) LIMBS A GENERALLIABItJTY I-680-3081P622-TIA-12 O1/O1/li 01/01/13 EACH OCCURRENCE S 1,000,000 ~ M OR N ED 300,000 S COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) _ CLAIMS-MADE ~ OCCUR MEO EXP (Any one person) S 5, 000 PERSONAL & ADV INJURY S 1, 000, 000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S 2.000 , 000 _ ~ POLICY ~ ,PIE O- ~ LOC ~BA-3187P27A-12-SEL S1NGLEL{MIT ~~~~~ fi~ B i 1 000 000 A AUTOMOBILE LIABILITY aadenO ( aa , , 5 % BODILY INJURY (Per person) S ANY AUTO ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) S _ AUTOS -NON OWNED % I PROPERTY DAMAGE (Per aaidentl 5 HIRED AUTOS ~ AUTOS _ $ r-^i B % UMBRELLALUI6 % OCCUR CIIP-3249P379-12-42 01/01/13 EACH OCCURRENCE O1/O1/l: S 3,000,000 EXCESS LWB CLAIMS-MADE AGGREGATE 5 3, 000, 000 DED % RETENTIONE10,000 FOLLOW FORM OVER 5 LZABLINES _ _ _ _ C WORKERS COMPENSATION INO'B-3134P85-3-12 O1/O1/1: 01/01/13 % TORYTLIAMTT• OTH- ANO EMPLOYERS' LIABILITY YEN EACH ACCIDENT L E 5 500,000 ANY pROPRIETOR/PARTNER/EXECUTIVE NSA a . . OFFICER/MEMBER EXCLUDED? DISEASE - FA EMPLOYEE L E S 500 , 000 (Mandatory In NH) . . N ea, describe under DESCRIPTION OF OPERATIONS below __ i E.L. DISEASE -POLICY LIMIT S 500, 000 DESCRIPTION OF OPERATIONS / LOCA110NS /VEHICLES (Attach ACORD 101, Addlfionsl Remarks Schadula, If mon space Is raquirad) County of Pittaylvania, Virginia is additional insured with respects to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION County of Pittaylvania, Virginia PO Sox 426 Chatham, VA 24531 ACORD 25 (2010105) chughea 26870777 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IISA ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P123 SUPPLEMENT TO CERTIFICATE OF INSURANCE a4/2~//ZOIZ NAME OFINSURED: Wingate Associates Ltd. t/a ..,.....~t~ a,,.,r„i awl service P124 AGREEMENT THIS AGREEMENT, made and entered into this day of 2012, by and between PITTSYLVANIA COUNTY, VIRGINIA, party of the first part, hereinafter referred to as County, and WINGATE AND ASSOCIATES, LTD., a Virginia corporation trading as WINGATE APPRAISAL SERVICE, party of the second part, hereinafter referred to as Wingate: WITNESSETFi; THAT WHEREAS, pursuant to Virginia Code Section 58.1-3252 the Pittsylvania County Board of Supervisors has voted to carry out a general reassessment of locally taxable and tax- exempt real estate in the County, effective for the 2014 tax year, and to that end has issued requests for proposals from reassessment firms; and WHEREAS, Wingate submitted a proposal for the services requested, and, in compliance with the County's procurement ordinance and the Virginia Procurement Act, the County and Wingate have successfully negotiated for the performance by Wingate of said services; NOW THEREFORE, in order to memorialize the agreement between the parties hereto, and in consideration of the mutual covenants, promises, and undertakings herein, the parties agree as follows: 1. Wingate shat{ carry out a complete, uniform, general reassessment of all locally taxable and tax-exempt real property within Pittsylvania County, Virginia, in accordance with the terms set forth in Wingate's proposal submitted under date of February 28, 2012, with exhibits and insurance certificates thereto attached. The County's Request for Proposal dated February 8, 2012, is included herein by reference. In the event of a conflict between the above mentioned documents and this Agreement, then the signed Agreement prevails. 2. Wingate agrees to perform all of the work required in connection with the 2014 General Reassessment in accordance with the Statute Law of the Commonwealth Page 1 P125 of Virginia, and the generally accepted mass appraisal practices now prevailing in the Commonwealth of Virginia. Wingate certifies that its supervisors, appraisers, and technicians are qualified for such assignment or assignments as they may be given by Wingate. 3. In accordance with the Code of Virginia, Section 11-51, it is agreed that during the performance of this contract, the contractor agrees as follows: "The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. "The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. "Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section." 4. Work shall begin on or before June 1, 2012, and all appraisal work shall be completed by September, 2013. 5. To be furnished by Pittsylvania County: The County agrees to supply all computer hardware and software, including all maintenance and regular daily backups, and networking capability through the County's network. Also, the County agrees to furnish adequate clerical/data entry personnel, postage, office Page 2 P126 space, utilities, office furniture, telephones and lines, all necessary supplies, copies of current property record cards, copies of current photographs, property identification maps (including aerial photography), mailing costs for reassessment notices, photocopying, and all expenses in connection with the Board of Assessors. The County will be responsible for all expenses of the Board of Equalization. 6. To be furnished by Wingate: Wingate agrees to supply all appraisal and data collection personnel, including normal tools of the trade, such as calculators, measuring tapes, and transportation. Wingate will also provide reassessment notices and printing costs of door hangers. 7. Wingate agrees to cooperate with the Commissioner of the Revenue's Office in assessing new construction during the Reassessment, so as to avoid duplication of effort or omission by both offices. 8. In accordance with the specifications and this agreement, Wingate will complete all appraisal work for a total fee of ELEVEN DOLLARS AND FIFTY CENTS ($11.50) PER PARCEL OF REAL ESTATE AND FIVE DOLLARS AND SEVENTY-FIVE CENTS ($5.75) PER MANUFACTURED HOME ASSESSED AS PERSONAL PROPERTY Digital replacement photographs will be taken, as needed, for a fee of Three Dollars ($3.00) per photo. Wingate will supply digital cameras, with the County clerical personnel being responsible for downloading and attaching photographs to the correct property record. New replacement photographs will be taken if the current file photograph does not adequately depict the main building on the assessed property. Page 3 P127 9. Invoices will show an actual number of parcels and/or manufactured homes completed as of the billing date. Invoices will be submitted periodically, less a 10% retainage as a performance guaranty. The retainage and any other monies due will be paid in full after the Reassessment Book has been signed and delivered to the Clerk's Office and the Commissioner of the Revenue's Office. WITNESS the following signatures and seals this the day and year first above written. ATTEST: WINGATE AND ASSOCI TES, LTD. gy; (SEAL) Harold C. Wingate, Pr ident ATTEST: COUNTY OF PITTSYLVANIA, VIRGINIA By: Titl APPROVED S TO FO M f~ J. VADEN HUNT, ESQ. Al'TORNEY, PtTTSYLVANIA COUNTY Page 4 P128 (SEAL) PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request the Virginia Department of Conservation and Recreation to Evaluate for Scenic River Designations AGENDA DATE: OS-07-2012 ACTION: Yes SUBJECT/PROPOSAL/REOUEST: Scenic River Designations STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ITEM NUMBER: 13 INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Pittsylvania County Board of Supervisors supports the City of Danville in their request for a Scenic River Designation of the Dan River along the Mega Park area of Pittsylvania County near Berry Hill. The Honorable Marshall Ecker and the Honorable Jerry Hagerman have requested that the Department of Conservation and Recreation evaluate both the Banister River and the Staunton River as Scenic River Designations through Pittsylvania County. DISCUSSION: Attached hereto is a proposed letter to David A. Johnson, Director of the Department of Conservation and Recreation to evaluate the Staunton River from the Leesville Dam to the Halifax County line in Pittsylvania County and the Banister River from the intersection of Bearskin Creek and Strawberry Creek at the headwaters of the Banister River to the Halifax County line. RECOMMENDATION: Staff submits this request to the Board of Supervisors for their review, consideration and approval. P129 DRAFT May 3, 2012 David A. Johnson, Director Department of Conservation and Recreation 203 Governor Street Richmond, Virginia 23219-2010 Re: Proposed Scenic River Study of the Staunton River and Banister River/Pittsylvania County Dear Mr. Johnson: At the request of the Pittsylvania County Board of Supervisors on Monday, May 7, 2012, I am requesting that the Department of Conservation and Recreation develop the required evaluation for the river segments of the Staunton River from the Leesville Dam to the Halifax County line in Pittsylvania County as a Scenic River Review Study which would join in with the request of Halifax County for a Scenic River, as well as the Banister River from its headwaters at Bearskin Creek and Strawberry Creek, to the Halifax County line which would coordinate with Halifax County for their Scenic River designation of the Banister River. The Board of Supervisors of Pittsylvania County is requesting the Department of Conservation and Recreation to review these segments through Pittsylvania County through Halifax County. Your attention in this matter is greatly appreciated. Sincerely, William D. Sleeper County Administrator WDS/kp Cc: Honorable Members, Pittsylvania County Board of Supervisors J. Vaden Hunt, Esquire, County Attorney Otis S. Hawker, Assistant County Administrator Greg Sides, Assistant County Administrator P130 o~NTY ~~x cou~rY $o o~ suyiso~s G m: ~~ 134 South Main Street ° ' P. O. Box 699 Halifaz, VA 24558-0699 1 ~.. ~ (434) 476 3300 ,,,~.,~, Fax: (434) 476.3384 ~'~LIF~~ ~vww.haliraxcountwa.aov October 18, 2011 Virginia Department of Conservation and Recreation 203 Governor Street, Suite 326 Richmond, VA 23219 Attention: Lynn M. Crump, Environmental Program Planner Dear Lynn: At the October 17, 2011 Joint Meeting of the Halifax County Board of Supervisors with the Town Councils of Halifax and South Boston, I was directed to officially request that the Virginia Department of Conservation and Recreation study the segment of the Banister River beginning at the Pittrylvania/Halifax county line and ending at its confluence with the Dan River to determine if this section might meet the requirements to be designated a State Scenic River. The Board approved my submitting this letter and requesting this designation of the Banister River under the Virginia Scenic Rivers Act of 1970. . Please advise if you require additional information or if I might be of assistance in this matter. Sincerely, COUNTY OF HALIFAX George . Ne er, M, AICP County Administrator GWN/daf Cc: The Hon. James E. Edmunds, II Mr. Carl Espy, IV, Town Manager Halifax County Board of Supervisors P131 Gilbert F. Moore Town of Halifax Mayor Post Office Box 627 Halifax, Virginia 24558 Cari Espy, IV (434) 476-2343 Town Manager nil October 18, 2011 T.R. Brown W.E. Confmy 5.1. Dunavant, Jr. R.H. Evans P.1. Hammond, Jr. T.C. Lantor Virginia Department of Conservation and Recreation 203 Governor Street, Suite 326 Richmond, Virginia 23219 Attn: Lynn M. Crump, Environmental Program Planner rowr~ of ~-., 4;:, v~ m Re: State Scenic River Designation-Banister River, Halifax County Dear Lynn, Thank you again for your excellent presentation of the Virginia Scenic River Program at a previous joint meeting of the Halifax County Board of Supervisors and the Town Councils of Halifax and South Boston. During the October 17, 2011 joint meeting, the subject of pursuing Scenic River Designation for the Banister River was revisited by the Halifax County Board of Supervisors and the Town Council of Halifax when discussing the need for an updated Cooperative Agreement with the Virginia Department of Game and Inland Fisheries at the Banister Lake Boat Landing and the Banister River Gateway Project (EN# 09-230- 109) as access points for a potential blueway/canoe trail system. By unanimous vote, the Halifax Town Council directed me to officially request the Virginia Department of Conservation and Recreation to study the segment of the Banister River beginning at the Pittsylvania-Halifax County line and ending at its confluence with the Dan River to determine if it qualifies for designation as a State Scenic River pursuant to The Virginia Scenic Rivers Act of 1970. Similarly, Halifax County Administrator George Nester has been directed by the unanimous vote of the Board of Supervisors to make request for the study. As you are aware, in the 2007 Virginia Outdoors Plan, both the potential blueway development and the scenic river designation for the Banister River are referenced in Chapter X and highlighted on Map X-27 Region 13 (Southside Planning District) Outdoor Recreation as items #14 and #27 respectively. I would also like to note that the river retains especially interesting early bateaux sluices from its service as a commercial transportation route. These sluices are considered to be some of the best preserved in Virginia. The Banister River Navigation Improvements District (VDHR 041-5311), identified by the Virginia Department of Transportation encompassing approximately 16 miles along the waterway, has been determined to be eligible for listing on the Virginia and National Register. There are a number of interested groups and stakeholders in the community who may be of assistance as you conduct your research onsite and by copy of this letter I am making them aware of the study request. It is our hope that the report may be completed and presented to the local governing bodies with the opportunity for citizen input so that legislation may be introduced during the 2013 legislative session of the Virginia General Assembly. With Best Regards, Carl anager CE/ce Cc: Honorable James E. Edmunds, II, g alifax Co. Administrator, Linda Shepperd-Halifax Co. Tourism Director, Barbara Bass-Halifax County Historical Society, Jenny Edwards-DRBA VA Program Manager, Scott Murray-RRBA-Upper Reach Director, Ann Andrus-DHR, THPC, HTC-Current Affairs Committee Es Town M Geor a ter-H P132 Gilbert F. Moore Town of Halifax Town of ~., Mayor Post Office Box 627 ';' Halifax, Virginia 24558 Carl Espy, [V (434) 476-2343 Town Manager VI~ nii October 18, 2011 T.R. Brown W.E. Confroy S.J. Dumvant, Jr. R.H. Evans P.J. Hammond, Jr. T.C. Lamor Virginia Department of Conservation and Recreation 203 Governor Street, Suite 326 Richmond, Virginia 23219 Attn: Lynn M. Crump, Environmental Program Planner Re: State Scenic River Designation-Banister River, Halifax County Dear Lynn, Thank you again for your excellent presentation of the Virginia Scenic River Program at a previous joint meeting of the Halifax County Board of Supervisors and the Town Councils of Halifax and South Boston. During the October 17, 2011 joint meeting, the subject of pursuing Scenic River Designation for the Banister River was revisited by the Halifax County Board of Supervisors and the Town Council of Halifax when discussing the need for an updated Cooperative Agreement with the Virginia Department of Game and Inland Fisheries at the Banister Lake Boat Landing and the Banister River Gateway Project (EN# 09-230- 109) as access points for a potential blueway/canoe trail system. By unanimous vote, the Halifax Town Council directed me to officially request the Virginia Department of Conservation and Recreation to study the segment of the Banister River beginning at the Pittsylvania-Halifax County line and ending at its confluence with the Dan River to determine if it qualifies for designation as a State Scenic River pursuant to The Virginia Scenic Rivers Act of 2970. Similarly, Halifax County Administrator George Nester has been directed by the unanimous vote of the Board of Supervisors to make request for the study. As you are aware, in the 2007 Virginia Outdoors Plan, both the potential blueway development and the scenic river designation for the Banister River are referenced in Chapter X and highlighted on Map X-27 Region 13 (Southside Planning District) Outdoor Recreation as items #14 and #27 respectively. I would also like to note that the river retains especially interesting early bateaux sluices from its service as a commercial transportation route. These sluices are considered to be some of the best preserved in Virginia. The Banister River Navigation Improvements District (VDHR 041-5322), identified by the Virginia Department of Transportation encompassing approximately 16 miles along the waterway, has been determined to be eligible for listing on the Virginia and National Register. There are a number of interested groups and stakeholders in the community who may be of assistance as you conduct your research onsite and by copy of this letter I am making them aware of the study request. It is our hope that the report may be completed and presented to the local governing bodies with the opportunity for citizen input so that legislation may be introduced during the 2013 legislative session of the Virginia General Assembly. With Best Regards, Carl Es Town Manager CE/ce Cc: Honorable James E. Edmunds, II, George ter-Halifax Co. Administrator, Linda Shepperd-Halifax Co. Tourism Director, Barbara Bass-Halifax County Historical Society, Jenny Edwards-DRBA VA Program Manager, Scott Murray-RRBA-Upper Reach Director, Ann Andrus-DHR, THPC, HTC-Current Affairs Committee P132 ££4d ~', _ t ~~ ~. .{ t r' ,; ~~.. r b o • m `'t v y~~ t ~ ~ I ~ ` ^ ~ ~ a' V ~ ~ ~ s ~ 7. X. C ~. S y I ~~° ~ o N Ny" O O ~ 1. j X ~ o ~~~ amd m -p ~^^.. c 70 -1 -~ c. ~ i~+~ m ~ - '"~ n ~_ d. .~ W ~ -p N ,w M,r• ~ ~ ~ { as n S c> a ro O I.r. I (1y} . I ~ A ~ m m r.~! -1 ~v' G ~ R° ~ •• f / O. m ~ Sp ~ N ~ C~ m tD ~ 'i ~~'~~- ~ c ~ m '~ ~ I O m J ~ 1 ry N r'1C/ ~ • ~ \ :\ 1 r q ~1 ,o o r ~ ~ o o © o ~ Va zm ~ _ ®( O ~ ~ ~ y Nom.. x' ~ • ~ m ~ ~ ~ ~'+ c o ~ ~~ a' ro ~1 m O z+ a m w ~ 1 W ~ N s~` I 4' c 3 ~ v 9~. £ ~ N • ! °+ D _ O .. I ~ ~ K N !P 4t PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: ITEM NUMBER: AGENDA TITLE: 5-07-12 14 Expenditure Refunds-Requires a motion and a 10-day ACTION: INFORMATION: layover Yes SUBJECT/PROPOSAL/REOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): Sleeper, VanDerHyde CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of April, 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: $279.13 to Board of Supervisors-Travel (100-4- 011010-5500), $190.00 to Sheriff-Wrecker Service (100-4-031200-3170), $21.97 to Sheriff-Fuel (100-4- 031200-6008), $60.00 to Sheriff-Parts (100-4-031200-6030), $1,187.55 to Extradition (100-4-033100-5550), $260.00 to Library-Postage (100-4-073100-5210), $784.31 to Library-Computer Supplies (100-4-073100- 6021), $12,883.06 to WIA-Rent (251-4-353160-5420). THIS ITEM REQUIRES A MOTION AND A 10- DAY LAYOVER. P134 PITTSYLVANIA COUNTY VIftGI1~TIA * T ~~ Fiaaace Department * ~ P.O. Box 426 * * Chatham, Virginia 24531 * * o * * 1 *,, ng~ ~ / MEMO TO: William D. Sleeper, County Administrator FROM: Kim Van Der Hyde ' Finance Director SUBJECT: April Expenditure Refunds DATE: May 3, 2012 Phone (434) 432-7740 Fax (434) 43Z-?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 April. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4-011010-5500 Board of Supervisors-Travel 279.13 Meal Reimbursement 100-4-031200-3170 Sheriff-Wrecker Service 190.00 Reimbursement 100-4-031200-6008 Sheriff-Fuel 21.97 Fuel Reimbursement 100-4-031200-6030 Sheriff-Parts 60.00 Restitution 100-4-033100-5550 Extradition 1,187.55 100-4-073100-5210 Library-Postage 260.00 Friends of the Library aid 100-4-073100-6021 Library-Computer Supplies 784.31 Credit Balance returned 251-4-353160-5420 WIA-Rent 12,883.06 Rent Payments 251-3-000000-150201 TOTAL APRIL EXPENDITURE REFUNDS $15,666.02 P135 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 5-07-12 Concession Fund-Requires a Roll Call mate ACTION: Yes SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Appropriation of Concession Funds collected by the ACTION: Sheriff's Department ATTACHMENTS: No STAFF CONTACT(S): Sleeker, VanDerHyde REVIEWED BY: / ITEM NUMBER: 15 INFORMATION: INFORMATION: BACKGROUND: There is a Dodson Snack machine located on the Sally Port behind the Jail. This machine is used exclusively by the deputies. Pittsylvania County receives profit checks from Dodson for the use of this snack machine. On October 4, 2010, the Board of Supervisors approved to allow the Sheriff to use this money for the benefit of his employees since his employees are responsible for the profits earned. DISCUSSION: Currently, the Sheriff s office has received a total of $312.02 since July 1, 2011. The Sheriff has requested an appropriation of these funds to the 2012 Sheriff's budget. RECOMMENDATION: Staff recommends that the Board approve an appropriation of $312.02 to the Employee Fund line item in the Sheriff's FY 2012 budget (100-4-031200-6029). THIS ITEM REQUIRES A ROLL CALL VOTE. P136 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 5-07-12 ITEM NUMBER: 16 Byrne/Justice Assistance Grant Appropriation - Requires a Roll Call Vote ACTION: Yes INFORMATION: SUBJECTlPROPOSAL/REOUEST: Appropriation of Byrne/Justice Assistance Grant CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Sleeper, Van Der Hvde ATTACHMENTS: No REVIEWED BY: BACKGROUND: DISCUSSION: Pittsylvania County recently received notification of a grant awarded by the Department of Criminal Justice in the amount of $1,492 for the Sheriff's Department. This grant is to be used towards software support. This grant requires a local match of $166, which will come from the Sheriff s Grant Local Match line item (100-4-031200-8109). RECOMMENDATION: Staff recommends that the Board of Supervisors approve an appropriation of $1,492 for the Byrne Justice Assistance Grant. THIS MOTION REQUIRES A ROLL CALL VOTE. P137 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: OS-07-2012 ITEM NUMBER: 17 Virginia State Fair/Gary Thomas SUBJECT/PROPOSAL/REOUEST: ACTION: Yes INFORMATION: ', Proposal - Mr. Gary Thomas STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: BACKGROUND: The Pittsylvania County Agricultural Development Board and the Agricultural Development Director, Fred Wydner, had been working with the State during the year of 2012 to try to locate the Livestock Section of a Virginia State Fair. We were unsuccessful in that bid. DISCUSSION: Attached hereto, you will find a proposal from Mr. Gary Thomas of the Callands-Gretna District requesting the Board of Supervisors to consider hosting the Virginia State Fair at the Olde Dominion Agricultural Center on U.S. 29 in Pittsylvania County. The Honorable Jerry Hagerman has requested the Board of Supervisors to listen to Mr. Gary Thomas' proposal. Attached hereto is a printout of the proposal from Mr. Thomas that he will present to the Board of Supervisors. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P138 STATE FAIR OF VIRGINIA 2011- 259,000 people attended the Fair Financial Impact- Gate Receipts- $ 2,559,000 Business Impacts- Food- Hotdog=$ 2.50= $ 319,875- Polish Sausage- $ 6.00= $ 517,000 Hamburger- $ 4.00= $ 345,333- Pizza- $ 3.00= $ 258,899 Cotton Candy- $ 3.00= $194,250- Funnel Cake- $ 4.00= $ 207,200 Candy Apples- $ 3.00= $ 152,999- Snow Cones- $ 2.00= $ 103,600 Total Retail Impact- $ 2,099,156 Drinks- $ 3.00- 128,500= $ 385,000 Water- $ 2.00- 259,000= $ 518,000 Total Food & Drinks- $ 3,002,156 Rides- $ 21.00 Wristband All Day Rides- 129,500= $ 2,719,500 Concerts: Big Name Stars- Tickets- 14 Entertainers- $ 20.00= 1500 seats= $ 420,000 Livestock Shows- 35-Entry Fees- $ 10.00/ Animal= $ 35,000 Tables for Vendors- $ 50.00- 500= $ 25,000 Ice- $ 2.00= 42,833= $ 85,766 Advertisement- Radio,TV,internet = 6,000 hits- $ 75.00= $ 450,000 Employment- 1,000 people for 60 days- @ $ 8.00/ hour= $ 3,840,000 Hotel Business: Rooms- 43,166- @$ 89.00- 30 days= $ 3,841,774 Restaurants- Meals- 28,977 meals@ $15.00= $ 434,955 Fast Food- 28,997 meals @ 10.00- $ 289,000 Gas- Fuel- Fill up- 86,333- 15 gallons- $ 3.89- $ 5,037,530 Total Impact- Danville/Pittsylvania County- $ 22,739,681 P139 STATE FAIR OF VIRGINIA Place- Old Dominion Agricultural Complex on 29 Plus- 100 acres- Owner- Bill Rogers- Agreed To Lease Land For the Fair- 4/ 12/2013- "Anyway to get the State Fair " Plus- 50 acres- Owner- Doug Dalton English Construction " Great opportunity to have the State Fair" Sherman Saunders, Mayor City of Danville- "Yes we want the State Fair in Danville" Lease Potential- 100 acres-60 Days- $ 120,000 Lease Potential- 50 acres-60 Days- $ 60,000 Proposal: Pittsylvania County & Danville May 22,2012- Ashland, Virginia- Auction Name & New Home for the State Fair of Virginia Bar-1QUptcy Sale- Current Debt- $ 26,000,000 $ 13,000,000- 50 cents on the dollar $ 7,500,000- 25 cents on the dollar Funding Sources: Investors- 20- $ 10,000,000 Tobacco - $ 3,000,000 Pittsylvania County- $ 30,000 Danville- $ 30,000 Pittsylvania County- Sale of Chatham Elementary School & Whitmell- $ 30,000- NO COST TO CITIZENS FINANCIAL IMPACT LIFE OF THE STATE FAIR- 50 YEARS- $ 1,136,984,050- Billion P140 FRAM REp~RT R~ BpA MEMBEg5 p1A1 gEpORTS FgOM LEGAL COUNSEL p142 g~pORTS FRAM COUNTY ADMINIST~,TOR p143 PITTSYLVANIA COUNTY VIRGINIA William D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 24531 e-mail: dsleeper@pittgov.org /Q~ •r' w o Q ~-4~', o ~ ~ 1767 MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Phone (434) 432-7710 Fax (434) 432-7714 Grerna/Hurt (434) 656-6211 Date: May 2, 2012, Subject: Animal Control Activity Report During the period of March 30, 2012 through, April 30, 2012, the Animal Control Officers responded to 375 calls as per Henry Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custod 192 Dogs 104 Cats 85 Other 3 Crow, Opossum Animals on hand at month end 10 Animals dis atched 45 Cats-7 do s- 38 Licenses checked 103 Court cases 7 Balance of cases cont./no power Summons 52 Animals Ado ted 2 Animals returned to owners 13 Cats taken to the Humane Socie 76 Animals Transferred 40 FC-39 DAHS-1 Inured animals icked u 4 Animals found in tra s 60 Ex osures: Human/Saliva 2 Ex osures: Do s/Cats/Wildlife 0 Do Bites 8 Cat Bites 3 Cruel Checks 8 Well-being Checks 11 Cat/Do Fi hts 7 Investi ated killin s b do s/cats 2 Investi ate killin s b Co otes 0 if you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P144 PITTSYLVANIA COUNTY VIRGINIA l~,~SYLV9~ William D. Sleeper 4 y Phone 434 432-7710 County Administrator o o ( ) Fax 434 432-7714 P.O. Box 426 a ~ ~ ~ ( ) Chatham, Virginia 24531 ~ *4. o .o/ z Grerna/Hurt (434) 656-6211 e-mail: dsleepet@pittgov.otg `~' 1767 ~ `~' MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: May 2, 2012, 2012 Subject: Conservators of the Peace Solid Waste Monitoring Report The Animal Control Officers whom have been appointed to the position of Conservators of the Peace monitoring solid waste sites in Pittsylvania County, as per Henry (Pete) Boswell, Chief Animal Control Officer, for the period of April 1, 2012 through Apri130,2012. Description Number Remarks Total hours monitored 63 Vehicles entering sites 880 Vehicles checked 47 Summons' issued 5 Court Cases 0 Convictions 0 If you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P145 PITTSYLVANIA COUNTY VIRGINIA Qti~~SY LVA'j'! Darrell W. Dalton, Superintendent ~ ~ ~ Phone (434) 432-7958 Building & Grounds Deparmnent ~ ,L ,a~ p Fax (434) 432-2294 51 N. Main St. a . -~'~`i ~ y z Gretaa/Hurt (434) 656-6211 P.O. Box 426 ~ x ~'* ~ *~D'' _ ,.~ Bachelors Hall/Whitmell (434) 797-9550 Chatham, Virginia 24531 ~ 767 E-mail: darrell.dalton@pittgov.org `~Rr-,r1~P MEMORANDUM To: Otis S. Hawker, Assistant County Administrator ~~„~ ~~ From: Heather Inge, Secretary of Building & Ground ~ w` Date: May 3, 2012 Subject: COMPLETED WORK ORDERS -APRIL 2012 Attached please find a listing, by department, of completed work orders for the month of April. This list does not reflect work orders in progress but not yet completed, actual expenses incurred, or routine maintenance necessary for the smooth operation of the County facilities. However, it does reflect the total number ofman-hours. Presently, there are approximately 16 work orders still outstanding. If you have any questions concerning this, please do not hesitate to contact me. HI Attachment cc: William D. Sleeper, County Administrator Darrell W. Dalton, Superintendent of Building & Grounds P146 WORK ORDERS COMPLETED FOR MONTH OF APRIL 2012 NO. W/O MAN-HOURS ANIMAL CONTROL ARMORY A S C S /EXTENSION /USDA-FSA BOARD OF SUPERVISORS BUILDING & GROUNDS 1 20 BUILDING INSPECTIONS CAPTAIN MARTIN BLDG CENTRAL ACCOUTING CENTRAL PURCHASING CIRCUTI' COURT 1 2 CLERK OF COURT 3 $ CODE COMPLIANCE (PLANNING COMMISSSION & ZONING 2 4 COMMISSIONER OF REVENUE 4 $ COMMONWEALTH ATTORNEY COMPACTOR SITE 2 9 COUNTY ADMINISTRATOR AND ASST. COUNTY ADMIN. 1 1 COUNTY ATTORNEY COURTHOUSE (1968 ANNEX) COURTHOUSE (EDWIN R. SHIELDS) CSA - CPMB DEPOT BUII,DING EMERGENCY 911 FACII..ITY 1 2 ENVIRONMENTAL HEALTH FINANCE FIRE MARSHAL GENERAL DISTRICT COURT 3 4 GRANTS ADMISTRATION HEALTH DEPARTMENT $ 10 HUMAN SERVICES FACILITY INDUSTRIAL PARKS INFORMATION TECHNOLOGY 2 2 JUVENII..E & DOMESTIC COURT 4 $ JUVENII.E & DOMESTIC COURT SERVICES UNIT TAIL 34 44 LANDFILL 2 8 LIBRARY $ 6 LITERACY MAGISTRATE MOSES BUII.DING 1 1 OLD DOMINION AG. COMPLEX PCED BUII..DING 3 10 REASSESSMENT RECREATION: RAIL-TRAIL & WAYSIDE PARK REGISTRAR-VOTING PRECINCTS 2 1 RINGGOLD DEPOT SHERIFF SOCIAL SERVICES 6 24 TREASURER VICTIM WITNESS OTHER: REGIONAL PARK RINGGOLD DEPOT CALLANDS CLERKS OFFICE 1 16 TOTAL WORK ORDERS COMPLETED -APRIL 2012 83 179 YEAR To DATE 07/01/2011 - 0&/30/2012 86$ 1,798 P147 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES Apri12012 TYPES OF PERMITS 1 7 ILDIN P RMI FEES O LEC D 8,043.36 107 LEVY COLLECTED $160.84 0 SUBDIVISION FEES COLLECTED $0.00 23 ZONING PERMIT FEES COLLECTED $105.00 0 REINSPECTION FEES COLLECTED $0.00 10 LAND DISTURBING FEES COLLECTED $105.00 247 TOTAL FEES COLLECTED $8,414.20 MONTHLY BUILDING VALUES 3 NEW DWELLINGS $912,000.00 4 MOBILE HOMES/OFFICE TRAILERS 90,927.00 4 DOUBLE-WIDE MOBILE HOMES 184,500.00 1 MODULAR 99,000.00 17 COMMERCIAL CONSTRUCTION 2,232,379.00 78 MISCELLANEOUS 601,327.00 107 TOTAL $4,120,133.00 NONTAXABLE: $650,785.00 $13,671,916.00 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE 316 NUMBER OF REJECTIONS OF WORK 56 NUMBER OF E 8~ S INSPECTIONS 115 NUMBER OF MILES INSPECTORS TRAVELED 5,289 MONTHLY ZONING FEES 7 REZONING FEES COLLECTED $1,207.00 SPECIAL USE PERMIT FEES COLLECTED 213.50 0 VARIANCE & APPEAL FEES COLLECTED 0.00 0 SIGN PERMIT FEES COLLECTED 0.00 8 TOTAL $1,420.50 Respectfully Submitted, ~~ Odie H. Shelton, Jr. Director of Code Compliance/ Zoning Administrator P148 CLOSED vIEETI~TG P149