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02-03-2014 BOS PKT0 ii /d:, l / BOARD PACKET BOARD OF SUPERVISORS REGULAR MEETING FEBRUARY 3, 2014 1767 P1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING MONDAY, FEBRUARY 3, 2014 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA 1. Call to Order — 7:00 p.m. 2. Roll Call Barber Blackstock Bowman Hagerman Harville Snead Barksdale 3. Pledge of Allegiance 4. Items to be Added to the Agenda MotionbyBarber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale (a) Presentation by Danville - Pittsylvania Chamber of Commerce; Update on 2014 Goals Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale (b) Audit Recommendations — Procurement of Fuel and Food - (Added by Mr. Blackstock) Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale (c) Appointment to the Beautification Committee — Westover District -Page 10 Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale (d) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiation and litigating posture of the public body— Pages Authority: §2- 2.3711(A)(7), Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson v. Pittsylvania County, Virginia and Board of Supervisors of Pittsylvania County, Virginia Purpose: Case Briefing by Legal Counsel APPROVAL OF AGENDA Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale HEARING OF CITIZENS CONSENT AGENDA Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 5(a) Minutes: January 06, 2014 — Re- organizational Meeting— Pages 13 -16 January 21, 2014 — Adjourned Meeting — Pages 17 -30 Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 5(b) Bill List — January 2014 (on line) Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 5(c) Proclamation — National Future Farmers ofAmerica (FFA) Week— Pages 31 -32 Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 5(d) Contract Amendments - Intrado — Pages 33 -36 Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 5(c) Proclamation — Black History Month — Pages 37 -38 PRESENTATIONS Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 6. nee ..: mlido by students from Ghath fflm- n,r:ddte Sy, t — Postponed Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 7. Expenditure Refunds — At their adjourned meeting on January 21, 2014, a motion was made by Mr. Harville, and seconded by Ms. Bowman, that required a 10 -Day Layover that has now been met. Roll Call Vote Required —Pages 40 -43 Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hage man Harville Snead (Roll Call Vote Y or N) Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 8. E911 Appropriation — At their adjourned meeting on January 21, 2014, a motion was made by Mr. Snead, and seconded by Mr. Barber, that required a 10 -Day Layover that has now been met. Roll Call Vote Required —Pages 44 -45 Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or N) NEW BUSINESS Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 9. Recommendations from Personnel Committee — The Personnel Committee will meet at 4: 00pm on Monday, February 3, 2014. Any recommendations from that committee meeting will be presented to the full Board. — Pages 47 -48 (a) Closed Session — Discussion, consideration, or interviews of prospective candidates for the appointment of specific public officers of any public body. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Review Applications received for County Administrator Vacancy Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 10. Recommendations from Finance Committee — The Finance Committee will meet at 5: 00pm on Monday, February 3, 2014. Any recommendations from that committee meeting will be presented to the full Board. — Pages 49 -50 (a) Presentation of 2013 Annual Financial Statements (b) Review Revenues Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale It. Annual Maintenance Contract — E911 /Twenty First Century Communications — Pages51-68 Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 12. Aid to Construction Agreement — Columbia Gas of Virginia — Pages 69 -70 Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 13. Expenditure Refunds for January 2014 — Requires a Motion and a 10 -Day Layover —Page 71 -72 Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale 14. Approval of Transfer of Funds — Building Inspections for Keystone Upgrade — Pages 73 -74 BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR (a) Building & Grounds — Completed Work Order —Jan 2014 (b) Animal Control Activity Report — Jan 2014 (c) Conservator of the Peace — Solid Waste Monitoring Report — Jan 2014 (d) Code Compliance Monthly Report / Fees — Jan 2014 Entered Closed Session: Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale CLOSED SESSION — 4(d) From Items to be Added 4(d) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiation and litigating posture of the public body. Authority: §2.2- 3711(A)(7) of the Code of Virginia, 1950, as amended Subject: Barbara Hudson v. Pittsylvania County, Virginia and Board of Supervisors of Pittsylvania County, Virginia Purpose: Case Briefing by Legal Counsel Be -enter Open Session: Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on Monday, February 3, 2014, the Board hereby certifies by a recorded vote that to the best of each committee 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. Adiournment CERTIFICATION Y N Blackstock Bowman Hagerman Harville Snead Barber Barksdale Motion by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Seconded by Barber Blackstock Bowman Hagerman Harville Snead Barksdale Time Adjourned: TO BE ADDED PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: Appointment to the Pittsylvania County Beautification 02 -03 -2014 Committee — Westover District Representative SUBJECT/PROPOSAL/REQUEST: Appointment STAFF CONTACT(S): Otis S. Hawker ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 4(c) INFORMATION: INFORMATION: BACKGROUND: Agencies, Boards, Commissions and Committees that operate under Pittsylvania County make nominations to the Board of Supervisors for appointments representing each election district within the County. The Pittsylvania County Road Viewers is a board in which a representative from each district is appointed by the Board of Supervisors. The Board of Supervisors has requested before any nominations for appointments are made to any committees, boards, agencies or commissions, that the name be submitted to the Board of Supervisors prior to the board meeting of the proposed candidate to be nominated for an appointment to that board, agency, committee, or commission. DISCUSSION: The Honorable Coy E. Harville has nominated Ms. Vickie Yarbourgh as the Westover District Representative on the Pittsylvania County Beautification Committee. This term would be for one year, beginning January 1, 2014 and ending on December 31, 2014. RECOMMENDATION: Staff submits this nomination to the Board of Supervisors for their review, consideration and approval. P10 HEARING OF CITIZENS il. CONSENT AGENDA P12 January 6, 2014 Re- organizational Meeting Pittsylvania County Board of Supervisors Re- Organizational Meeting January 6, 2014 VIRGINIA: The re- organizational meeting of the Pittsylvania County Board of Supervisors was held on Monday, January 6, 2014 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Otis S. Hawker, Interim County Administrator, called the meeting to order at 7:00 p.m. The following members were present: Tim R. Barber James H. Snead Coy E. Harville Jessie L. Barksdale Jerry A. Hagerman Brenda H. Bowman Elton W. Blackstock Tunstall District Dan River District Westover District Banister District Callands- Gretna District Chatham - Blairs District Staunton River District Mr. Otis S. Hawker, Interim County Administrator and Clerk of the Board; Mr. J. Vaden Hunt, County Attorney; and Rebecca Flippen, Deputy Clerk were also present. Mr. Hawker led the Pledge of Allegiance. Re- Or¢anization of the Board: Election of Chairman Mr. Hawker explained that under the By -laws adopted at the January 2013 Re- organizational Meeting, nominations for chairman and vice - chairman required both a nomination and a second, and that votes will be taken in the order that the nominations were made and it takes four votes, the majority of the board, in order to select a chairman. He further read the responsibilities of the Chairman, as per named in the Board's By -laws. Mr. Hawker opened the floor for nominations for Chairman of the Board of Supervisors for 2014. Nomination was made by Ms. Bowman, seconded by Mr. Harville, for Mr. Jessie L. Barksdale as Chairman. No further nominations were made. Motion was made by Mr. Harville, seconded by Mr. Snead, to close the nominations and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Barksdale -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead -Yes. Ms. Bowman's motion to elect Mr. Barksdale as the 2014 Chairman for the Board of Supervisors was unanimously approved by the Board. Mr. Hawker then turned the meeting over to Mr. Barksdale. Election of Vice - Chairman Nomination was made by Mr. Hagerman, seconded by Mr. Harville, to nominate Mr. Tim R. Barber as the 2014 Vice - Chairman for the Board of Supervisors. No further nominations were made. Motion was made by Mr. Snead, seconded by Mr. Harville, to close the nominations and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber - Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Hagerman's motion to elect Mr. Barksdale as the 2014 Vice - Chairman for the Board of Supervisors was unanimously approved by the Board. P13 Re- Organization Meeting January 6, 2014 By Laws and Rules of Order Motion was made by Ms. Bowman, seconded by Mr. Barber, to approve the Board of Supervisors' By -Laws, last revised by the Board on July 1, 2013. Ms. Bowman's motion passed by a 6 -1 majority vote of the Board, with Mr. Harville opposing. Motion was made by Mr. Blackstock, seconded by Ms. Bowman, to approve Robert's Rules of Order, Newly Revised l ls' Edition, as modified, by the Board of Supervisors to meet the necessary requirements of the Sate Code of the Commonwealth of Virginia as the official Rules of Order for Pittsylvania County, Virginia, which was unanimously approved by the Board. Set Day and Time of Regular Meeting Motion was made by Mr. Harville, seconded by Mr. Barber, to adopt the Day/Time of the Board meetings as presented, noting the adjourned meeting day in the months of April and July as the fourth Tuesday in each month respectively, which was unanimously approved by the Board. Appointments of Committees by Chairman: Mr. Barksdale appointed the following Board members to: Standing Committees (a) Finance /Insurance Committee: Mr. James H. Snead — Chairman, Mr. Jerry A. Hagerman; Mr. Coy E. Harville; and Mr. Elton W. Blackstock (h) Personnel Committee: Ms. Brenda H. Bowman- Chairman, Mr. Coy E. Harville, Mr. Tim R. Barber (c) Property /Building Committee: Mr. Elton W. Blackstock- Chairman, Mr. Coy E. Harville, Mr. James H. Snead (d) Legislative Committee: Ms. Brenda H. Bowman — Chairman, Mr. Jessie L. Barksdale, Mr. Coy E. Harville Special Committees (e) Solid Waste Committee: Mr. Coy E. Harville- Chairman, Mr. Jerry A. Hagerman, Ms. Brenda H. Bowman (fl Computer /Radio /Telecommunications Committee: Mr. James H. Snead- Chairman, Mr. Coy E. Harville, Mr. Tim R. Barber (g) Board of Supervisors /School Board Liaison Committee: Mr. James H. Snead - Chairman, Ms. Brenda H. Bowman, Mr. Elton W. Blackstock (h) Fire & Rescue Policies and Procedures Committee: Mr. Tim R. Barber- Chairman, Mr. Jerry A. Hagerman, Mr. Coy E. Harville (i) Economic Development Committee: Mr. Elton W. Blackstock- Chairman, Mr. Tim R. Barber, Mr. Jerry A. Hagerman c) Agricultural Development Board: Mr. Elton W. Blackstock (k) Animal Welfare Facility Committee: Mr. Coy E. Harville- Chairman, Mr. Tim R. Barber, Mr. James H. Snead (i) Beautification Committee : Ms. Brenda H. Bowman P14 Re-Organization Meeting January 6, 2014 Other Appointments by Mr. Barksdale were: (a) Dan River Business Development Center: Ms. Brenda H. Bowman (b) Fire/Rescue Emergency Medical Services Advisory Committee (EMAC): Mr. Tim R. Barber (c) Local Elected Officials (LEO): Mr. Jessie L. Barksdale (d) Metropolitan Planning Organization: Mr. Coy E. Harville, Ms. Brenda Bowman, Mr. Jessie L. Barksdale; Alternate: Mr. Otis S. Hawker (e) Pittsylvania County Community Action Agency: Mr. Jessie L. Barksdale 09 Pittsylvania County Planning Commission: Mr. Jerry A. Hagerman (g) Sara Title III (LEPC): Mr. Tim R. Barber, Mr. Elton W. Blackstock (h) Social Services Board: Mr. Jessie L. Barksdale (i) Tri- County AEP Relicensing Committee: Mr. Jerry A. Hagerman, Mr. Elton W. Blackstock (j) Tri-County Lake Administrative Commission: Mr. Jerry A. Hagerman (k) Virginia Association of Counties Committee: Mr. Jessie L. Barksdale (1) West Piedmont Planning Commission: Mr. Jessie L. Barksdale, Mr. James H. Snead (m) Roanoke River Basin Association: Mr. Jessie L. Barksdale Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the agenda with the referenced additions, deletions, and item moves, which was unanimously approved by the Board. Addition: Under Appointments to add 23(a)- Appointment of Regional Industrial Facility Authority members; One (1) Voting Board member to serve a four (4) year term; and One (1) Board member as an Alternate for a four (4) year term. Mr. Harville's motion was unanimously approved by the Board. Board Appointments Motion was made by Mr. Snead, seconded by Mr. Harville, to appoint Mr. Robert Anderson to the Joint Setback Study Sub - Committee, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Barber, to appoint Mr. Snead to serve a four (4) year term on the Regional Industrial Facility Authority as a voting member, which was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to appoint Ms. Bowman to serve a four (4) year term on the Regional Industrial Facility Authority as an alternate, which was unanimously approved by the Board. P15 Re- Organization Meeting January 6, 2014 Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda, with the addition of an appointment to the Dan River Alcohol Safety Action Program, which was unanimously approved by the Board. (a) Minutes: December 2, 2013 Regular Meeting December 17, 2013 Adjourned Meeting Motion was made by Mr. Snead, seconded by Mr. Barber, to appoint Sheriffs Deputy Ricky Luck to serve out the term vacated by Ms. Teresa Easley as a representative for Pittsylvania County on the Dan River Alcohol Safety Action Program Policy Board, for a tern beginning immediately until March 31, 2014, which was unanimously approved by the Board. Reports Interim County Administrator Mr. Hawker announced there would be a Finance Committee meeting held on January 21, 2014 at 3:30pm to adopt the budget calendar; and a joint meeting between the Virginia Department of Transportation and the Board of Supervisors at 4:00pm on that same date. Adiournment Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 7:40pm. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Clerk Pittsylvania County Board of Supervisors P16 Adjourned Meeting January 21, 2014 Pittsylvania County Board of Supervisors Tuesday, January 21, 2014 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January 21, 2014 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Jessie L. Barksdale, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Jessie L. Barksdale Banister District Tim Barber Tunstall District Coy E. Harville Westover District James Snead Dan River District Brenda H. Bowman Chatham - Blairs District Jerry A. Hagerman Callands- Gretna District Elton W. Blackstock Staunton River District Mr. Otis S. Hawker, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barksdale led the Pledge of Allegiance. Aonroval of Aeenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the agenda, with the following addition: Addition: Closed Session - Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: §2.2- 3711(A) (7) Code of Virginia, 1950, as amended Subject: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel Purpose: Discussion and review of Tobacco Regional Opportunity Fund Performance Agreement between the Virginia Tobacco Commission, Pittsylvania County, and Zeyuan Flooring International, Corp. Mr. Harville's motion was unanimously approved by the Board. Hearing of the Citizens Matthew Speck of the Staunton River District offered a word of prayer. Joyce Wright, Principal at Mt. Airy Elementary School, made comments supporting the Pittsylvania County Public Schools wanting to purchase and use the former Woodlawn/Carlisle Academy property for a STEM Academy in Pittsylvania County. Bob Harris, Chairman of the Board of Directors for Heritage Academy, made comments in favor of Heritage Academy's wish to purchase that same property; pointed out the County's current budget shortfalls and questioned the future cost to Pittsylvania County of running a STEM Academy. Tricia Siebert of the Chatham - Blairs District encouraged the Board to support the school's wish for the STEM program; believed it could attract new business and residents to the County; and add educational value to the County. P17 Adjourned Meeting January 21, 2014 Lori Humston of the Callands- Gretna District and resident of Climax Road voiced complains on the number of and speed of trucks coming through the Climax Road and feared for the safety of citizens living there and other drivers using that road. Chris Payne of the Tunstall District and Twin Springs PTO President made comments supporting the school's desire for a STEM Program and the school's desire to purchase the former Woodlawn/Carlisle Academy. Ginger Patterson of the Callands- Gretna District and a PTO President made comments supporting the school's desire for a STEM Program. Arlene Pilsar of the Callands- Gretna District and resident living on the Climax Road for the past 18 years made complaints about truck traffic; comments concerning safety issues; road damage from the trucks; and submitted photographs taken from her living room window of truck traffic that began at 4am and again after sunset. This concluded the Hearing of the Citizens. Consent Agenda (a) Enterprise Zone Resolution — City of Danville Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the Consent Agenda, which was unanimously approved by the Board. Vfttlplbaufa Couutp 30oarb of Ouperbfsiorl JOINT ENTERPRISE ZONE AMENDMENT — CITY OF DANVILLE PORTION OF ENTERPRISE ZONE #57 RESOLUTION 2014 -01 -02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Tuesday, January 21, 2014, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, in Chatham Virginia, the following resolution was presented and adopted: WHEREAS, the City of Danville and Pittsylvania County jointly created an Enterprise Zone in 2001 (Enterprise Zone #57), through the Virginia Department of Housing and Community Development, which offers both state and local economic development incentives; and WHEREAS, each locality participating in a joint Enterprise Zone may amend their local Enterprise Zone boundaries within its portion of the Enterprise Zone; and WHEREAS, the City of Danville has determined that it is advantageous to amend its local Enterprise Zone boundary to ensure utilization by businesses and effectiveness in attracting and expanding targeted business sectors within the City's portion of the zone; and WHEREAS, the City of Danville is authorized to submit all information needed to apply for an Enterprise Zone amendment and to carry out all program administrative and reporting requirements on its behalf, within its portion of the joint Enterprise Zone; then P18 Adjourned Meeting January 21, 2014 BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors acknowledges the City of Danville's right to amend its portion of the joint Enterprise Zone and supports the City's amendment application to the Virginia Department of Housing and Community Development; and BE IT FURTHER RESOLVED, that the Pittsylvania County Board of Supervisors authorizes the Interim County Administrator to sign the Joint Application Amendment Agreement, which is a requirement of the City of Danville's Enterprise Zone Amendment Application. Public Hearines Rezoning Cases Case 1: Roger Edwards & Brenda & Edwards— Callands/Gretna Election District: R -14-001 Mr. Barksdale opened the public hearing at 7:27pm. Mr. Shelton explained Roger & Brenda Edwards had petitioned to rezone 2.17 acres, located on SR 800/Rigney Circle, in the Callands /Gretna Election District from R -1, Residential Suburban Subdivision District to A- 1, Agricultural District (to combine with the adjacent parcel of land zoned A -1). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Edwards was present to represent the case. No one signed up to speak and Mr. Barksdale closed the hearing at 7:28pm. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve rezoning Case R -14 -001 from R -1 to A -1 and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Hagerman's motion to rezone Case R -14 -001 from R -1 to A -1 was unanimously approved by the Board. Case 2: Melvin Richard Harlow & Others — Westover Election District: R -14 -002 Mr. Barksdale opened the public hearing at 7:28pm. Mr. Shelton explained that Melvin Richard Harlow & Others had petitioned to rezone a total of 59.48 acres, three (3) parcels of land, located on SR 863/Moorefield Bridge Road and on SR 872/Meadowview Drive, in the Westover Election District from R -1, Residential Suburban Subdivision District and RC -1, Residential Combined Subdivision to A -1, Agricultural District (for agricultural use- horse). The Planning Commission, with opposition, recommended granting the petitioners' request. No one was present to represent the case, and no one signed up to speak. Mr. Barksdale closed the hearing at 7:30pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R -14 -002 from R -1 and RC -1 to A -1 and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Harville's motion to rezone Case R -14 -002 from R -1 & RC -1 to A -1 was unanimously approved by the Board. Case 3: Maxey Properties, LLC — Chatham/Blairs Election District: R -14 -003 Mr. Barksdale opened the public hearing at 7:31pm. Mr. Shelton explained that Maxey Properties, LLC, had petitioned to rezone a total of 1.47 acres, three parcels of land, located on U.S. Highway 57/Halifax Road, 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 adjacent parcels of land zoned A -1). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Maxey was present to P19 Adjourned Meeting January 21, 2014 represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:32pm. Motion was made by Ms. Bowman, seconded by Mr. Barber, to approve rezoning Case R -14 -003 from R -1 to AA and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Ms. Bowman's motion to rezone Case R -14 -003 from R -1 to A -1 was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearings Public Hearing to receive citizen input on proposed amendments of definitions and other text found in Chapter 17, Solid Waste Disposal, and Chapter 29, Waste Ordinance, of the Pittsylvania County Code Mr. Hawker explained that upon that at the Board of Supervisors' Adjourned Meeting on Tuesday, December 17, 2013 a motion came from the Solid Waste Committee to hold a public hearing for citizen input on Tuesday, January 21, 2014, on changes to the Solid Waste Ordinances, Chapters 17 and 29, of the Pittsylvania County Code, on proposed amendments of definitions and other text found in those chapters, which was unanimously approved by the Board. Mr. Hawker noted changes included that carpet would deemed household solid waste if disposed of by a Pittsylvania County resident who was the occupant/owner of the residential dwelling the carpet was removed from; that the word "rubbish" had been removed from the codes; that household "furniture" was now included to be accepted at compactor sites if the open top boxes located at the compactor sites were all full or would not fit into the compactor chamber. The first person to speak was Wayne Robertson of the Chatham - Blairs District who stated he just wanted to say that he still opposed the property owner who leased/rented property another of being the responsible party to ensure the Solid Waste Fee was paid to the County, instead of the renter. Don Scearce of the Chatham- Blairs District made comments concerning the proposed changes, stated he would like to have seen "brush" defined in the code; asked if new signs were going to be installed at the sites reflecting the new changes; asked of the officers writing tickets were going to be trained in what was acceptable and what was in violation; and stated that the penalty for violations should be reduced from a criminal charge and classified as a civil charge. No one else signed up to speak and Mr. Barksdale closed the hearing at 7:40pm. Motion was made by Ms. Bowman, seconded by Mr. Harville, to approve the proposed changes as presented and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -No; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Ms. Bowman's motion passed by a 6 -1 majority vote of the Board with Mr. Blackstock in opposition. 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 to include Lakeside located in the Banister Electoral District. Mr. Barksdale opened the public hearing at 7:57pm. Mr. Hawker explained that at the Board of Supervisors' Adjourned Meeting on Tuesday, December 17, 2013, the Board approved holding a public hearing to receive citizen input on a proposed amendment Section 2 -22; Running at Large Restrictions, of the Pittsylvania County Code that would include Lakeside P20 Adjourned Meeting January 21, 2014 Drive located in the Banister Electoral District. The public hearing notices had been lawfully advertised. No one was present to represent the petition and no one signed up to speak. Mr. Barksdale closed the public hearing at 7:57pm. Motion was made by Ms. Bowman, seconded by Mr. Harville, to approve the proposed changes as presented and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -No; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Ms. Bowman's motion passed by a 6 -1 majority vote of the Board with Mr. Barber in opposition. This concluded the public hearings. New Business Mr. Barksdale announced that "pursuant to authority in Section 2.2- 3712(B) of the Code of Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors hereby officially announces in a lawful open meeting that, within fifteen (15) days of this announcement, it will hold closed meetings at undisclosed locations for the purpose of interviewing candidates for the position of County Administrator, the Chief Administrative Officer of the County". Motion was made by Mr. Snead, seconded by Mr. Barber, to adopt the budget calendar as presented, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Blackstock, to adopt Resolution 2014- 01 -01, Hub Zone Designation, which was unanimously approved by the Board. Vittglbania Countp 36oarb of �&uperbigoro HUB Zone Designation RESOLUTION 2014 -01 -01 VIRGINIA: At an adjourned meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, January 21, 2014, the following resolution was presented and adopted: WHEREAS, the Historically Underutilized Business (HUB) Zones program was enacted into federal law as part of the Small Business Reauthorization Act of 1997, under the management of the U.S. Small Business Administration; and WHEREAS, the HUB Zone program was designed to help small businesses in urban and rural communities gain preferential access to federal procurement opportunities; and WHEREAS, a County can be designated as a HUB Zone based on being classified as a qualified Non - Metropolitan County and meeting specified household income and unemployment criteria; and WHEREAS, Pittsylvania County has previously met the economic criteria, but has been ruled ineligible for HUB Zone designation due to its connection to the City of Danville, Virginia, Metropolitan Statistical Area (MSA); and WHEREAS, the 2010 U.S. Census reclassified the City of Danville, Virginia as a Micropolitan Statistical Area, as defined by the United States Office of Management and Budget; and P21 Adjourned Meeting January 21, 2014 WHEREAS, this federal reclassification removed the Metropolitan classification and made Pittsylvania County eligible for HUB Zone designation as a Non - Metropolitan County; and WHEREAS, Pittsylvania County is committed to securing designation as a HUB Zone to assist and support the County's small businesses and recognizes that access to federal contracts can be critical to the survival of small businesses and the income and jobs they bring to our community; then BE IT RESOLVED, that the Board of Supervisors of Pittsylvania County respectfully requests that the U.S. Small Business Administration utilize the updated data from the U.S. Census Bureau, that classifies Pittsylvania County as a qualified Non - Metropolitan County, and designate the County as a Historically Underutilized Business Zone; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the U.S. Small Business Administration, and to the offices of Congressman Robert Hurt and Senator Tim Kaine with our appreciation for their assistance in this matter. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve Resolution 2014- 01 -03, Support for Virginia Department of Transportation Revised Rural Addition Program, which was unanimously approved by the Board. Vitt,Wbauia Countp 302oarb of 6uperbi on RESOLUTION 2014 -01 -03 SUPPORT FOR VIRGINIA DEPARTMENT OF TRANSPORTATION REVISED RURAL ADDITION PROGRAM VIRGINIA: At an adjourned meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, January 21, 2014, the following resolution was presented and adopted: WHEREAS, the Code of Virginia has provisions in §33.1 -72.1 that require the Virginia Department of Transportation to take streets into the secondary road system, subject to available funding; and WHEREAS, the Virginia Department of Transportation has developed a Rural Addition Policy that establishes the policies and procedures for road additions to the secondary road system; and WHEREAS, under current policies, a new street or road must be accepted into the State road system before public funds can be used to improve and stabilize a road surface; and WHEREAS, the current guidelines of Minimum Standards for New Rural Additions to Secondary System includes roadway design standards that must be met for road improvements that can be more stringent than necessary for the road conditions and unnecessarily expensive for both the Virginia Department of Transportation and the County; and WHEREAS, the Code of Virginia has provisions in §33.1 -70.1 for a Rural Rustic Road Program for low density development areas with average daily traffic volume of no more than 1,500 vehicles per day; and P22 Adjourned Meeting January 21, 2014 WHEREAS, roads or streets designated as a Rural Rustic Road may be paved and improved based on reduced and flexible design standards; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County supports a revision in the Code of Virginia or policies of the Virginia Department of Transportation to allow streets that qualify for Rural Rustic designation to be added to the secondary road system through the Rural Addition Program and then paved and improved in accordance with Rural Rustic design standards; and BE IT FURTHER RESOLVED that a copy of this resolution will be sent to the County's legislative representatives. Motion was made by Mr. Harville, seconded by Mr. Bowman, to the reappropriate funds as follows: $283.60 to Board of Supervisors - Telephone (100 -4- 011010 - 5230), $662.00 to Circuit Court-Books (100 -4- 021100 - 6012), $179.50 to J &D Court-Dues (100 -4- 021500- 5810), $199.67 to Clerk of Courts- Copier Lease (100 -4- 021600 - 60051), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $316.60 to Sheriff -Labor (100 -4- 031200 - 6031), $326.56 to VFD- United Way Contributions (100 -4- 032200 - 5667), $95.88 to Jail- Extradition (100 -4- 033100- 5550), $25.00 to Animal Control- Donations, $7,653.00 to E- 911 - Telephone (100 -4- 035500- 5230), $32.99 to VFIRS- Computer Capital Outlay (250 -4- 032402 - 8107), $11,280.10 to WIA -Other Operating (251 -4- 353853- 6014), $4,416.65 to Industrial Incentives (325 -4- 081500- 8222). This motion required a 10 -Day Layover. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve an appropriation of $28,177.25 from unappropriated surplus in the following manner: $7,577.25 for Fire Insurance (line item 100 -4- 035500 -5302) and $20,600 for Electricity (line item 100-4-035500-5110). This motion required a 10 -Day Layover. Motion was made by Mr. Harville, seconded by Mr. Blackstock, to approve and appropriate a total of $50,000 to the WIA fund, as the County had received a notice of obligation from the Virginia Community College System, state fiscal agent for the Workforce Investment Act for Business Services Capacity Building Initiative Grant funds. The total of these additional funds equates to $50,000. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Harville's motion was unanimously approved by the Board. Mr. Hawker explained that since January 2013, Pittsylvania County has collected funds from dangerous dog owners to streamline the process of their dog's registration with the state. These funds are currently being held in the Veterinary Expense Fund in a separate line item called dangerous dog fees. To date, these fees have not been appropriated because we have never received a billing from the Commonwealth for the registration of these animals. A total of $50 needs to be appropriated to the Misc- Dangerous Dog Fee line item 245 -4- 035200 -5899 so that this invoice may be paid. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve an appropriation of $50.00 from the Dangerous Dog Fee revenue line item (245 -3- 000000 - 130102) to the Misc- Dangerous Dog Fee expenditure line item (245 -4- 035200 - 5899). The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman- P23 Adjourned Meeting January 21, 2014 Yes; and Mr. Barksdale -Yes. Mr. Harville's motion was unanimously approved by the Board. Mr. Hawker explained that the Sheriff's Office recently received a check from the Office of the Attorney General of Virginia in the amount of $197,590. These funds were sent to the Sheriff as a one- time transfer from a settlement received by the State. These funds are to be used for law enforcement purposes only. The Sheriff intends to deposit these funds in the Federal Restricted Seizure Fund and purchase vehicles for his deputies. Therefore, a total of $197,590 needs to be appropriated to the Federal Restricted Seizure Fund so that these funds can be spent. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to appropriate and amend the Federal Restricted Seizure Fund- Sheriff in the amount of $197,590 (242 -4- 031710 - 8105). The following Roll Call Vote was recorded: Mr. Harville- Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Blackstock's motion was unanimously approved by the Board. Board Appointments Motion was made by Mr. Hagerman, seconded by Mr. Barber, to re- appointment John Lindsey as the Citizen Representative on the Tri- County Lake Administrative Commission to serve a one -year term, beginning January 1, 2014 through December 31, 2014, which was unanimously approved by the Board. Board Announcements Ms. Bowman announced there would be a Personnel Committee meeting on Monday, February 3, 2014 at 4pm. Mr. Snead announced there would be a Finance Committee meeting on Monday, February 3, 2014 at 5pm. Closed Session Motion was made by Mr. Harville, seconded by Mr. Barber, to enter into Closed Session for the purpose of: (a) Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held 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) of the Code of Virginia, 1950, as amended Subject: Consideration of the acquisition of real property for a public purpose Purpose: Discussion ofproposed acquisition (b) Closed Session — consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: §2.2- 3711(A)(7) Code of Virginia, 1950, as amended Subject: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Purpose: Discussion and review of Tobacco Regional Opportunity Fund Performance Agreement between the Virginia Tobacco P24 Adjourned Meeting January 21, 2014 Commission, Pittsylvania County, and Zeyuan Flooring International Corp Mr. Harville's motion was unanimously approved by the Board. The Board entered into Closed Session at 8:33pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on Tuesday, January 21, 2014 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. The Board returned to Open Session at 10:02pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to sign a Performance Agreement between the Industrial Development Authority of Danville, Virginia; the Danville - Pittsylvania County Regional Industrial Facility Authority; Zeyuan Flooring International Corporation and the County of Pittsylvania. Mr. Harville's motion passed by a 6 -1 majority vote of the Board with Mr. Hagerman in opposition. P25 Vote Jerry A. Hagerman Yes Brenda Bowman Yes Elton W. Blackstock Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session at 10:02pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to sign a Performance Agreement between the Industrial Development Authority of Danville, Virginia; the Danville - Pittsylvania County Regional Industrial Facility Authority; Zeyuan Flooring International Corporation and the County of Pittsylvania. Mr. Harville's motion passed by a 6 -1 majority vote of the Board with Mr. Hagerman in opposition. P25 Adjourned Meeting January 21, 2014 THIS PERFORMANCE GRANT AGREEMENT (this "Agreement ") is made as of the _ day of 2014, by and among the INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "IDA "); the DANVILLE- PITTSYLVANIA COUNTY REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"); ZEYUAN FLOORING INTERNATIONAL CORP., a Virginia corporation (the "Company "); and COUNTY OF PITTSYL VANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"). NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which me hereby acknowledged, the parties agree as follows: 1. Recitals. The parties recite the following facts (a) The Authority, the IDA, and the Company entered into that certain Memorandum of Agreement dated October 17, 2013 (the "MOA"), under which the parties agreed to negotiate and enter into a definitive agreement with respect to an incentive package for the Company to relocate its wood flooring and manufacturing business (the "Business ") to the Authority's Cane Creek Centre Industrial Park ( "Cane Creek "). (b) Under the MOA, the Authority agreed to convey Lot 8 in Cane Creek ( "Lot 8 ") to the IDA, so that the IDA may construct a building for the Company's use under a lease with the IDA as Landlord (the "Lease "). (c) The Authority, the IDA, and the Company entered into that certain Cane Creek Lot 8 Cooperation Agreement dated November 14, 2013, in connection with, and in furtherance of, the MOA, with respect to the terms and conditions of the conveyance by the Authority of Lot 8 to the IDA (such agreement, including any addenda thereto, being the "Lot 8 Cooperation Agreement"). (d) Because Lot 8 is located in Pittsylvania County, Virginia, the County, on behalf of the Authority, agreed under the MOA to apply for a Tobacco Commission Revitalization Opportunity Fund (TROF) giant for the project with the parameters of $15,000,000.00 capital investment, 100 new jobs with wages that we at least equal to applicable employment wage data provided by Virginia Workforce Connection (www.VaWorkCw=ct.com) fm the West Piedmont (LWIA XVII) Workforce Region ( "West Piedmont Wages "), plus health benefits, and a NAICS Code of 321214 (the "TROF Grant "). (e) In addition to the TROF Gram, the MOA also sets forth certain other incentives to be granted to the Company to induce the Company to relocate the Business to Lot 8 in Cane Creek, and also sets forth the obligations of the Company in connection therewith, to be incorporated into the performance grant agreement referenced therein. (t) The parties enter into this Agreement in connection with, and in furtherance of, the MOA, with this Agreement being the performance grant agreement referenced therein. 2. Conveyance of Lot 8. The Authority hereby agrees to convey Lot 8 to the IDA upon the written request of the IDA and pursuant to, and subject to the terns and conditions of, the Lot 8 Cooperation Agreement. P26 Adjourned Meeting January 21, 2014 3. Lease. The IDA and the Company hereby agree to enter into a lease for Lot 8 on substantially the same material terms and conditions set forth in the form of the Lease attached hereto as Schedule 3 and incorporated herein by reference. The Company hereby agrees to relocate the Business to Lot 8 in Cane Creek pursuant to, and subject to the terms and conditions of, the Lease. 4. Construction. The IDA hereby agrees to finance and construct on Lot 8 a 40,000 square foot building to the commercially reasonable specifications of the Company pursuant m, and subject to the terms and conditions of, the Lease. 5. TROF Grant. The County and the Company hereby agree to enter into an agreement for the TROF Grant on substantially the same material terms and conditions set forth in the form of such agreement attached hereto as Schedule 5 and incorporated herein by reference (the "TROF Grant Agreement"). 6. Enterprise Zone Grant Because Lot 8 is located in a County Enterprise Zone, the Company will be eligible for a one -time cash grant of $250.00 per new job created (the "Enterprise Zone Grant" and together with the TROF Grant, the "Grants "). The Enterprise Zone Grant will be disbursed annually based on the progress of job creation as set forth herein. Based on the creation of 100 new full time jobs, the cash grant would be worth $25,000.00. 7. Capital Expenditures; Job Requirements. In consideration ofthe incentives to the Company set forth herein (the "Incentives Package "), the purpose of which are to induce the Company to relocate the Business to Lot 8 in Cane Creek, the Company agrees to make new total taxable capital investments of at least $15,000,000.00 with wages at West Piedmont Market Wages, plus health benefits, between January 1, 2014 and January 1, 2017 (within thirty -six (36) months) with approximately seventy percent (70%) of the capital investment from machinery and equipment. The Company further agrees to create and maintain at least one hundred (100) new full time jobs at West Piedmont Market Wages, plus health benefits, between January 1, 2014 and January 1, 2017 (within thirty -six (36) months) with at least one hundred (100) jobs employed by the Business at Cane Creek. The Company will provide a business plan, together with updated financial documents /statements every six (6) months during the term of the Lease, to demonstrate that it will be a going concern now and in the future in the United States. 8. Conflicts (a) TROF Grant Agreement. To the extent the terms and conditions of this Agreement are different or in conflict with the terms and conditions of the TROF Grant Agreement, the terms and conditions of the TROF Grant Agreement shall control. (b) Lease. To the extent the terms and conditions of this Agreement me different or in conflict with the terms and conditions of the Lease, the terms and conditions of the Lease shall control. 9. Funds Extended to the Company. It is expressly understood that if all of the terms and conditions of the Incentives Package are satisfied in accordance with this Agreement, the TROF Grant Agreement and the Lease, then the Incentives Package shall be irrevocably deemed non - refundable. All funds paid as part of the Incentives Package must be used for the direct and exclusive benefit of the Company in the operation of the Business at Cane Creek. 10. Grant Termination if Tema are not Satisfied, If the Company fails to satisfy the terms of this Agreement, then all grant funds or incentives payments contemplated by the Incentives Package and P27 Adjourned Meeting January 21, 2014 not previously paid to the Company shall be forfeited by the Company. Also, if the Company fails to satisfy the terms of this Agreement, then the Company shall be required to repay any and all grant funds or incentives payments made to the Company under the Incentives Package and previously received by the Company. Such repayment most be made not later than thirty (30) days after the date on which the Company is notified that the Company is in breach of the terms of this Agreement. 11. Governing Law: Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties have participated jointly in the negotiation and drafting of this Agreement. If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumptions or burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the provisions of this Agreement. The parties hereby submit to the exclusivejurisdiction of the state court located in either Danville, Virginia or Pinsylvauia County, Virginia, or the U.S. District Court for the Western District of Virginia (Danville Division), in any action or proceeding arising out of, or related to this Agreement, and the parties hereby agree that all claims in respect of arty action or proceeding shall be heard or determined only in either of these courts. The parties agree that a final judgment in any action or proceeding shad, to the extent permitted by applicable law, be conclusive and may be enforced in other j Uri sdictions; by suit on the judgment, or in any other manner provided by applicable law related to the enforcement of judgments. 12. Notice. Any notice required or contemplated to be given to a party by the other party /any of the parties by any other parry shall be in writing and shall be given by hand delivery, facsimile, certified or registered United States mail, or a private courier service which provides evidence of receipt as part of its service, as follows: If to the IDA Industrial Development Authority of Danville, Virginia c/o City Attorney's Office P.O. Box 3300 Danville, VA 24541 Facsimile: If to the Authon Danville- Pittsylvania Regional Industrial Facility Authority Attention: Chairman c/o Director, Finance Department City of Danville 427 Patton Street Danville, Virginia 24541 Facsimile: 434 - 700.5041 If to the Comnan Zeyuan Flooring International Corp. Attention: President c/o Stephen G. Bass, Esq. 126 South Union Street Danville, Virginia 24541 Facsimile: P28 Adjourned Meeting January 21, 2014 If to the County: County of Pittsylvania, Virginia Attention: County Administrator 21 North Main Street Chatham, Virginia 24531 Facsimile: 434- 432 -7714 Any party may change the address to which notices hereunder me to be sent to it by giving written notice of such change in the manner provided herein. A notice given hereunder shall he deemed given on the date of hand delivery, deposit with the United States Postal Service properly addressed and postage prepaid, or delivery to a courier service properly addressed with all charges prepaid, as appropriate. 13. Entire Agreement. This Agreement and the schedules hereto contain the entire agreement and understanding of the parties to this Agreement with respect to the transactions contemplated hereby; and this Agreement and the schedules hereto supersede all prior understandings and agreements of the parties with respect to the subject matter, including without limitation the MOA which the IDA, the Authority and the Company hereby agree is temdnated effective as of the date of this Agreement. 14. Headings. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. 16. Other Documents. The parties agree that they shall execute, acknowledge, and deliver all such further documents as may be reasonably required to tarty out and consummate the transactions contemplated by this Agreement. 17. Non - Waiver. No waiver of any term or condition of this Agreement by any party shall be deemed a continuing or further waiver of the same term or condition or a waiver of any other term or condition of this Agreement. 18. Amendment- Modification and/or Suoulemen[. The parties may amend, modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties, provided such amendments, modifications, and/or supplements are reduced to writing and signed by the parties or their successors in interest. 19. Counterparts. This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. 20. Severability. The invalidity or mcnforceability of any particular provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 21. Due Authorization. The Company represents, warrants, and agrees that the execution and performance of this Agreement have been duly approved by all necessary corporate action and are not in violation of any other agreement such party has with any third parties; and that this Agreement is a valid, binding, legal obligation of each party, enforceable in accordance with its terms. [SIGNATURE PAGE FOLLOWS] P29 Adjourned Meeting January 21, 2014 WITNESS the following signatures to this PERFORMANCE GRANT AGREEMENT as of the date first above written. INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, apolitical subdivision of the Commonwealth of Virginia Richard L. Turner, Chairman DANVILLE- PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia Coy E. Harville, Chairman ZEYUAN FLOORING INTERNATIONAL CORP., a Virginia corporation COUNTY OFPITTSYLVANLA, VIRGINIA, a political subdivision of the Commonwealth of Virginia In Otis S. Hawker, Interim County Administrator Adiournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 10:04pm. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim County Administrator Pittsylvania County Board of Supervisors P30 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — National Future Farmers of America (FFA) Week SUBJECUPROPOSALBEOUEST: Proclamation STAFF CONTACT(S): Mr. Hawker AGENDA DATE: 02 -03 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 5(c) INFORMATION: INFORMATION: BACKGROUND: The week of George Washington's Birthday has been set aside since 1947 as National Future Farmers of Amercia (FFA) Week. Future Farmers of America celebrate the history and activities of the National FFA Program during this week. Attached hereto is a proclamation from the Pittsylvania County Board of Supervisors declaring the week of February 15 through February 22, 2014 as National FFA Week in Pittsylvania County. Ms. Jessica Jones, Agricultural Science Educator/FFA Advisor at Chatham Middle School will be present to accept a copy of the proclamation. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation declaring National FFA Week in Pittsylvania County and authorize the Interim County Administrator to forward it to the necessary news media and all schools in Pittsylvania County participating in the FFA Program. P31 JNROptbania (County Jgoarb of *uperbi oro Vrodamation NATIONAL FUTURE FARMERS OF AMERICA WEEK FEBRUARY 15 — 22, 2014 "Ignite: Leadership, Growth, Success" Whereas, Future Farmers of America (FFA) and agricultural education provide a strong foundation for the youth of America and the future of the food, fiber and natural resources systems; and Whereas, FFA promotes premier leadership, personal growth and career success among its members; and Whereas, agricultural education and FFA ensure a steady supply of young professionals to meet the growing demands in the science, business and technology of agriculture; and Whereas, the FFA motto — "learning to do, doing to learn, earning to live, living to serve " - gives direction of purpose to these students who take an active role in succeeding in agricultural education; and Whereas, FFA promotes citizenship, volunteerism, patriotism and cooperation; then Now, Therefore, We, the Pittsylvania County Board of Supervisors, do hereby proclaim February 15 -22, 2014 as National Future Farmers of America Week in Pittsylvania County, Virginia, and request all of the County's citizens to participate with the middle and high schools' FFA Chapters and the designated activities occurring between February 15 through February 22, 2013 in Pittsylvania County commemorating National Future Farmers ofAmerica (FFA) Week. Given under my hand this day 3rd day of February, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim County Administrator Pittsylvania County Board of Supervisors P32 AGENDA TITLE: Contract Amendments SUBJECT /PROPOSAL /REQUEST: Contract Amendments - Intrado STAFF CONTACT(S): Hawker, Hunt BACKGROUND: PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: ITEM NUMBER: February 3, 2014 5(d) ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: Yes ATTACHMENTS: Yes REVIEWED BY: In July 2008, The Department of Emergency Management and Communications received a grant ($150,000.00) from the Virginia Wireless Board for Next Generation Voice over Internet Phone Service for the delivery and receipt of E -911 calls and associated ANI/ALI (Automatic Number Identifier, Automatic Location Identification). This service replaced our existing Verizon/Embarq/Fairpoint Communications E -911 Delivery systems. DISCUSSION: Pursuant to contract requirements, Intrado was to obtain agreements with Verizon and Century Link Telephone to recognize that Intrado was our new sole E -911 telephone delivery service. Our contract with Intrado was to eliminate monthly service charges from Verizon and Century Link. The contract Amendment attached is to provide the County reimbursements from Intrado until these agreements are finalized. RECOMMENDATION: Staff recommends the Board of Supervisors to authorize the Interim County Administrator to sign the Contract Amendments to allow the County to continue receiving monthly reimbursements from Intrado. P33 Billing Agent Agreement This Billing Agent Agreement ( "Agreement ") by and between Intrado Inc. ( "Intrado ") and Pittsylvania County Board of Supervisors ( "Customer ") (Customer and Intrado collectively, the "Parties), is effective 2014, (the, "Effective Date "). RECITALS WHEREAS, the Parties have executed that certain Agreement for Services and 9 -1 -1 Routing and Automatic Location Information (ALI) Management State of Work dated September 18, 2008 (the "SOW ") which provides for the delivery of certain services by Intrado; and WHEREAS, Central Telephone Company of Virginia DBA CenturyLink ( "CenturyLink ") is requiring Customer pay for certain routing related fees; and WHEREAS, to facilitate the full migration of 9 -1 -1 related call traffic from CenturyLink to Intrado, Intrado will pay County directly for certain fees as enumerated herein. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Intrado hereby agrees to become the billing agent for Customer and to remit directly to Customer $1,247.64 monthly for fees charged Customer by CenturyLink for (1) bundled selective router services for company lines and (2) bundled selective router services for non - company lines (the "Covered Fees "). The assumption by Intrado and Customer is that the Covered Fees will not increase, and it is the expectation of the Parties that as the traffic migrates to Intrado's platform, the fees charged by CenturyLink will steadily decrease. Further, as such fees decrease; the Parties agree that the Covered Fees will decrease by like amounts. 2. Intrado agrees to pay Customer the Covered Fees for a term not to exceed 12 months ( "Covered Term "). Intrado agrees to remit the Covered Payments for the Covered Term only so long as Customer demonstrates vigilant attempts to do everything required to discontinue its use of CenturyLink's services. Specifically, Customer agrees to (1) immediately instruct CenturyLink to discontinue all services related to Customer's 911 related calls, (2) provide Intrado copies of monthly invoices from CenturyLink and assist Intrado with (a) a review of such invoices to ensure proper billing and (b) elimination of excess fees therein, and (3) otherwise do all things necessary to eliminate reliance on CenturyLink for routing and any other services related to 9 -1 -1 call traffic, or to services provided by Intrado. 3. Intrado may terminate this Agreement and all Covered Payments prior to expiration of the Covered Term if Intrado in its sole discretion determines that Customer is not acting in accordance with the terms herein, or Customer is not otherwise making reasonable efforts to decrease reliance on CenturyLink's services. Prior to such termination, Customers shall be given written notice ( "Notice ") and five (5) days to cure (the "Cure Period') any claim that Customer is (a) not acting in accordance with the terms herein, or (b) not otherwise making reasonable efforts to decrease reliance on CenturyLink services (each a "Claim "). Intrado shall determine at its sole discretion if Customer has effectively cured the Claim giving rise to the Notice upon expiration of the Cure Period. P34 The parties have indicated their acceptance and agreement to the terms of this billing Agent Agreement by the signature of the authorized individuals below. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Authorized Signature Printed Name and Title APPR OyE_D AS TO F•- O M— J. VADEN , ESQ. ATTORNEY, PITTSYLVANIA COUNTY INTRADO INC. Authorized Signature Printed Name and Title Date P35 2 Amendment #1 To the Billing Agent Agreement Between Intrado Inc. and Pittsylvania County Board of Supervisors This Amendment #1 ( "Amendment #P') is by and between Intrado Inc. ( "Intrado') and Pittsylvania County Board of Supervisors ( "Customer "), and amends that certain Billing Agent Agreement, effective November 27, 2012 ( "Agreement "). This Amendment #1 will be effective when duly executed by both parties. AMENDMENT 1. Term The Covered Term of the Agreement is extended until November 27, 2014. 2. Other Terms and Conditions This Amendment #1 is part of the Agreement and is governed by its terms. In all other respects the Agreement continues in full force and effect without modification. Accepted and agreed: Pittsylvania County Board of Intrado Inc. Supervisors Signature Printed Name and Title Date signed 122013 Intrado/Proprietary & Confidential P36 Signature Printed Name and Title Date signed PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — Black History Month SUBJECT /PROPOSAL /REQUEST: Proclamation for Black History Month STAFF CONTACT(S): Mr. Hawker AGENDA DATE: 02 -03 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 5(e) INFORMATION: INFORMATION: BACKGROUND: Each year the Pittsylvania County Board of Supervisors passes a Proclamation in the month of February to commemorate Black History Month. Attached hereto, you will find a Proclamation for Black History Month for February 2014. RECOMMENDATION: The staff recommends to the Board of Supervisors to approve the attached Proclamation for Black History Month and authorize the Interim County Administrator to notify the necessary news media. P37 J)ittoplbania Couutp JBoarb of 6uperbizorb proclamation BLACK HISTORY MONTH "Civil Rights in America" Whereas, February 2014 marks the 88`h Black History Celebration to be held to encourage understanding and appreciation among all Americans of the significant role that Black Americans have played in so many areas ofAmerica's success story; and Whereas, 2014 marks the 50'h anniversary of the Civil Rights Act of 1964; and Whereas, the theme of this year's celebration is "Civil Rights in America",- and Whereas, all citizens should join in gratefully honoring and recognizing the exceptional outstanding contributions which African Americans have made to their fellow citizens and to all humanity; and Whereas, Black Americans have made substantial contributions in human progress in the fields of Economics, Medicine, Law, Science, Technology, Literature, and in many other phases of human endeavors, and continue to have an important impact on technological advances in the information age and in every frontier of science and art; then Now, Therefore, We, the Pittsylvania County Board of Supervisors, do hereby proclaim February as Black History Month in Pittsylvania County, Virginia, and call to the attention of all our citizens the contributions of Black men and women to the advancement of all races, to the end that we may be more aware of the unity of humankind and our basic principles of freedom, equality, and democracy. Given under my hand this day 3rd day of February, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim County Administrator Pittsylvania County Board of Supervisors P38 UNFINISHED BUSINESS P39 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 1 2 -03 -14 Expenditure Refunds- Motion made by Mr. Harville ACTION: and seconded by Ms. Bowman and has now met the Yes 10 -day layover requirement. Roll Call Vote Required SUBJECT/PROPOSAL/REQUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 7 INFORMATION: INFORMATION: r� REVIEWED BY: DISCUSSION: Attached is a list of expenditure refunds for the month of December 2013 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: $283.60 to Board of Supervisors - Telephone (100- 4- 011010 - 5230), $662.00 to Circuit Court-Books (100 -4- 021100 - 6012), $179.50 to J &D Court-Dues (100 -4- 021500- 5810), $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600 - 60051), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $316.60 to Sheriff -Labor (100-4-031200-6031), $326.56 to VFD- United Way Contributions (100 -4- 032200 - 5667), $95.88 to Jail- Extradition (100-4-033100-5550), $25.00 to Animal Control- Donations, $7,653.00 to E -911- Telephone (100 -4- 035500 - 5230), $32.99 to VFIRS- Computer Capital Outlay (250 -4- 032402 - 8107), $11,280.10 to WIA -Other Operating (251 -4- 353853- 6014), $4,416.65 to Industrial Incentives (325 -4- 081500- 8222). MOTION MADE BY MR. HARVILLE AND SECONDED BY MS. BOWMAN AND HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. ROLL CALL VOTE REQUIRED. P40 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 1 1 -21 -14 Expenditure Refunds- Requires a motion and a 10 -day ACTION: layover Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: ACTION: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: ATTACHMENTS: Yes ITEM NUMBER: 12 INFORMATION: INFORMATION: REVIEWED BY:��. DISCUSSION: Attached is a list of expenditure refunds for the month of December 2013 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: $283.60 to Board of Supervisors - Telephone (100- 4- 011010- 5230), $662.00 to Circuit Court -Books (100 -4- 021100- 6012), $179.50 to J &D Court -Dues (100 -4- 021500-5810), $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600 - 60051), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $316.60 to Sheriff -Labor (100 -4- 031200- 6031), $326.56 to VFD- United Way Contributions (100 -4- 032200 - 5667), $95.88 to Jail - Extradition (100 -4- 033100 - 5550), $25.00 to Animal Control- Donations, $7,653.00 to E- 911 - Telephone (100 -4- 035500 - 5230), $32.99 to VFIRS- Computer Capital Outlay (250 -4- 032402 - 8107), $11,280. 10 to WIA -Other Operating (251 -4- 353853- 6014), $4,416.65 to Industrial Incentives (3254- 081500- 8222). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P48 P41 PITTSYLVANIA COUNTY VIRGINIA Otis S. Hawker Interim County Administrator P.O. Box 426 0 ` Chatham, Virginia 24531 J otis.bawker @pittgov.org MEMO TO: Otis S. Hawker, Interim County Administrator FROM: Kim Van Der Hyde > Finance Director SUBJECT: December Expenditure Refunds DATE: January 15, 2014 1 Center Street, Chatham, Virginia Phone (434) 432 -7710 Pax (434) 4327714 Website: www.oittm.or The list below shows all expenditure refunds that were sent to the Finance Department during the month of December. I am recommending that all of these expenditure refunds be reappropriated by the Board of Supervisors. 1004-011010 -5230 Board of Supervisors- Telephone 283.60 Reimbursement 100 -4- 021100 -6012 Circuit Court-Books 662.00 Refund - Overpayment 100-4- 021500 -5810 J &D Court-Dues & Subscriptions 179.50 Refund - Cancelled Subscription 100 -4 -021600 -60051 Circuit Ct Clerk- Copier Lease 199.67 Reimbursement 1004- 031200 -6030 Sheriff -Parts 60.00 Restitution 1004-031200 -6031 Sheriff -Labor 316.60 Insurance Claims 1004-032200 -5667 United Way Contribution 326.56 Contribution 100 -3- 000000- 189912 1004-033100 -5550 Jail- Extradition 95.88 1004-035100 -5883 Animal Control Donations 25.00 Donation 1004- 035500 -5230 E911- Telephone 7,653.00 Intmdo Reimbursement P49 P42 2504- 032402 -8107 VFIRS- Computer Capital Outlay Mt. Hermon Reimbursement 251 -4- 353853 -6014 WIA -Rent Rent Reimbursement (251 -3- 000000 - 150201) 3254-081500 -8222 Industrial Incentives KB Toys Bankruptcy Settlement TOTAL EXPENDITURE REFUNDS — DEC $25,531.55 PSO P43 32.99 11,280.10 4,416.65 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2 -03 -14 E911 Additional Appropriation- Motion made by Mr. Snead and seconded by Mr. Barber and has now met ACTION: the 10 -day layover requirement. Roll Call Vote Yes Required SUBJECT/PROPOSAL/REQUEST: Approval of additional appropriation for the E911 department for fire insurance and electricity STAFF CONTACT(S): Hawker, Van Der Hvde CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 8 INFORMATION: INFORMATION: BACKGROUND: The E911 department is in the process of upgrading the radio system and has installed new tower sites throughout the County. DISCUSSION: During the 2014 budget process, data did not exist to adequately budget for the cost of additional insurance required for the new tower sites nor the cost associated with the electricity to operate these sites. Therefore, additional funds are required by the E911 department for insurance and electricity expense in order to have adequate funds to complete the fiscal year. A total of $7,577.25 is needed for insurance to cover the tower sites and $20,600.00 is needed for electricity to operate the sites. RECOMMENDATION: Staff recommends that the Board of Supervisors approve an appropriation of $28,177.25 from unappropriated surplus in the following manner: $7,577.25 for Fire Insurance (line item 100 -4- 035500 -5302) and $20,600 for Electricity (line item 100 -4- 035500 - 5110). MOTION MADE BY MR. SNEAD AND SECONDED BY MR. BARBER AND HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. ROLL CALL VOTE REQUIRED. P44 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: E91 I Additional Appropriation - Requires a motion and a 10 -day layover SUBJECT/PROPOSAL/REQUEST: Approval of additional appropriation for the E91 I department for fire insurance and electricity STAFF CONTACT(S): Hawker, Van Der Hyde AGENDA DATE: 1 -21 -14 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: ITEM NUMBER: 13 INFORMATION: INFORMATION: BACKGROUND: The E911 department is in the process of upgrading the radio system and has installed new tower sites throughout the County. DISCUSSION: During the 2014 budget process, data did not exist to adequately budget for the cost of additional insurance required for the new tower sites nor the cost associated with the electricity to operate these sites. Therefore, additional funds are required by the E911 department for insurance and electricity expense in order to have adequate funds to complete the fiscal year. A total of $7,577.25 is needed for insurance to cover the tower sites and $20,600.00 is needed for electricity to operate the sites. RECOMMENDATION: Staff recommends that the Board of Supervisors approve an appropriation of $28,177.25 from unappropriated surplus in the following manner: $7,577.25 for Fire Insurance (line item 100 -4- 035500 -5302) and $20,600 for Electricity (line item 100 -4- 035500 - 5110). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. Psi P45 NEW BUSINESS P46 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Recommendations from Personnel Committee 1 02 -03 -2014 SUBJECT/PROPOSAL/REQUEST: Recommendations from Committee STAFF CONTACT(S): Mr. Hawker ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 9 INFORMATION: INFORMATION: The Personnel Committee of the Board of Supervisors will meet at 4:00pm on February 3, 2014 as per the approved budget calendar for the following: CLOSED SESSION: Discussion, consideration, or interviews of prospective candidates for the appointment of specific public officers of any public body. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Review Applications received for County Administrator Vacancy DISCUSSION: RECOMMENDATION: Recommendation, if any, will be received by the full Board of Supervisors from the Finance Committee on Monday, February 3, 2014. P47 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PERSONNEL COMMITTEE 4:00 P.M. MONDAY, FEBRUARY 3, 2014 MAIN CONFERENCE CAPTAIN MARTIN BUILDING 1 CENTER STREET CHATHAM, VIRGINIA AGENDA 1. Call to Order — 4:00 P.m. 2. Roll Call 3. Approval of Agenda CLOSED SESSION 4. Discussion, consideration, or interviews of prospective candidates for the appointment of specific public officers of any public body. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Review Applications received for County Administrator Vacancy ADJOURNMENT P48 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Finance Committee SUBJECT/PROPOSAL/REOUEST: Recommendations from Committee STAFF CONTACT(S): Mr. Hawker AGENDA DATE: 02 -03 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 10 INFORMATION: INFORMATION: F BACKGROUND: The Finance Committee of the Board of Supervisors will meet at 5:00pm on February 3, 2014 as per the approved budget calendar for the following: (a) Presentation of 2013 Annual Financial Statements (b) Review Revenues DISCUSSION: RECOMMENDATION: Recommendation, if any, will be received by the full Board of Supervisors from the Finance Committee on Monday, February 3, 2014. P49 FINANCE COMMITTEE Pittsylvania County Board of Supervisors Monday, February 3, 2014 5:00 PM Main Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Presentation of 2013 Annual Financial Statements (b) Review Revenues 5. Adjournment P50 AGENDA TITLE: Maintenance Contract SUBJECT/PROPOSAL/REQUEST: Annual Maintenance Contract E -911 Twenty First Century Communications STAFF CONTACT(S): Hawker PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: February 3, 2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Contract ITEM NUMBER: 11 INFORMATION: INFORMATION: BACKGROUND: In June 2008 Pittsylvania County Dept of Emergency Management applied for a Citizen Alert System (Reverse 911) grant. The Commonwealth of Virginia Department of Emergency Management awarded the grant for $50,000.00 to Pittsylvania County in October 2008. Subsequently, a contract was awarded to Twenty First Century Communications for this service. DISCUSSION: The annual maintenance contract for this service is in the amount of $15,000.00. Twenty First Century Communications provides, reverse 911 services and web based signup for citizens to receive weather related emergency notifications. RECOMMENDATION: Staff recommends the Board of Supervisors to authorize the Interim County Administrator to execute the annual maintenance agreement in the amount of $15,000.00 and is to be charged from the E -911 Service Contracts line item 100 -4- 035500- 332000. P51 TFCC COMMUNICATIONS SERVICES STATEMENT OF WORK No. 1 This is a TFCC Communications Services Statement of Work (this "SOW ") dated February 1, 2014 (the "SOW Effective Date ") to that certain Master Servicing Agreement dated February 1, 2014 (the "Agreement") between West Notifications, Inc. d/b /a Twenty First Century Communications and Pittsylvania County ( "Client ") and the Agreement is incorporated by reference herein. Upon execution by West Notifications, Inc. d/b /a Twenty First Century Communications ( "Provider ") and Client, this SOW forms a separate agreement between Provider and Client from any other SOWS. The terms of this SOW shall govern and control in case of conflict with the Agreement. Subject to the alterations and amendments contained in this SOW, Provider and Client ratify and confirm the Agreement as applicable to this SOW in all other respects. Provider and Client hereby further agree as follows: 1. Definitions. Capitalized terms used in this SOW not otherwise defined as set forth in Schedule 2 hereto or as otherwise set forth herein shall have the definitions specified in the Agreement. 2. Service Overview. Provider will operate, monitor and maintain the Platform in accordance with this Statement of Work and will accept calls presented to the Platform as defined by the Functional Requirements. Provider will also operate, monitor and maintain a multi - channel (i.e. phone, email, SMS, fax, etc.) communications solution that allows Client to deliver Content and Messages to Recipients in accordance with the Functional Requirements. Changes to the Functional Requirements or other changes to this SOW will be made from time to time by the parties through the creation of change orders mutually agreed to by the parties in the form of Exhibit A attached hereto (a "Change Order "). Change Orders will govern in case of conflict with this SOW. 3. Service Components 3.1. Applications. The Applications developed and programs deployed by Provider for the Client are defined by the Functional Requirements. If requested by Client, and in accordance with the Change Control Management process, Provider will develop new Applications or programs or enhance existing Applications or programs as the needs of the Client's business change. 3.2. Hours of Operation. Provider will maintain Services Sunday through Saturday, 24 Hours a day 7 days a week, or as designated by the Client's Functional Requirements for individual Applications. 3.3. Interface to Client System(s). Subject to applicable programming fees, Provider will: (a) cooperate with Client and /or Client third party providers in developing specifications for the Interfaces; (b) design and implement the software for the Client Interface(s); and (c) cooperate with the Clients and /or Client providers in testing the Interface(s). 3.4. Client Call Center or Third Party Provider. Provider will interact with any Client designated third party provider or Call Center as mutually agreed upon. Specific points of contact will be defined and maintained between all parties throughout the SOW Term. Client must participate in problem resolution between Provider and any designated third party or call center should conflict arise regarding the resolution of Application impacting conditions. Provider shall not be responsible for any actions or failure to act by such third party providers. 3.5. Monitoring, Administration & Reporting. Provider will provide near real time monitoring, administration, and standard reports to the Client on a near real time, daily, weekly and monthly basis detailing in the results of the Services as mutually agreed upon by the parties. If requested by Client, Provider will develop new reports or enhance existing reports as the needs of the business change in accordance with Change Management Process. TFCC SOW Version 12.31.12 Confidential Page 1 P52 3.6. Telecommunications Providers. Unless otherwise agreed to by the parties in writing, the network and telecommunication provider performing services in relation to this Statement of Work shall be AT &T. As agreed upon by the parties, Provider may be Customer of Record on the originating inbound toll free numbers supporting Applications. 3.7. Data Backup. Backup of data for 5.5 years is standard practice. 3.8. Business Continuity Plan and Procedures. At the Client's request the Provider's Business Continuity Plan will be provided and will detail Provider's procedures for transition to backup hardware and facilities, ongoing disaster mode operations, and transition back to normal operations. 3.9. Maintenance. Client agrees that should Platform maintenance be necessary Provider may request a two -hour maintenance window each month that will be scheduled out of peak processing hours and at the mutual agreement of the parties. Provider will use commercially reasonable efforts to provide Client with a 2 -day advance notice prior to such maintenance. Client must respond to Provider within 1- business day from date of receipt of such request with acceptance of maintenance window or it will be deemed accepted. Maintenance periods or activity will not be included in Performance Metrics. Notwithstanding the foregoing, Provider may perform emergency maintenance to the Platform in the event the Platform is at risk of material non - performance as long as notice to Client is provided to Client no later than 1 business day after the emergency maintenance has occurred. If Provider utilizes a third party to support any element of the Services, Provider will work with such third party to address maintenance requirements in accordance with the foregoing procedures; provided, however, that Provider may not always be able to dictate the schedule or notice with respect to such third party maintenance activities that may impact the Services. The parties agree that Client shall use commercially reasonable efforts to provide Provider with a 2 -day advance notice of Client's intention to perform maintenance on any Client managed system which supports the Services. Provider will respond to Client within 1 business day from date of receipt of notification to acknowledge the upcoming Client maintenance or to notify the Client if Client's maintenance activity may negatively affect call processing or it will be deemed accepted. 4. Responsibilities of Parties. 4.1. Provider will: 4.1.1. Provide personnel to manage all aspects of the Statement of Work pertaining to Provider. 4.1.2. Implement Applications and programs in accordance with the Functional Requirements as modified by any applicable Change Orders. 4.1.3. Provide applicable circuit information including such items as DNIS and routing assignments, number tracking and inventories, number turn up, and routing plan development to enable completion of provisioning by Client, if applicable. 4.1.4. Provide and maintain the software Interface between the Platform and all Interface providers under the direction of Client as defined by Functional Requirements. This may include redundant network connectivity between Provider and Client Interface destination as determined by Parties and documented in the Functional Requirements. 4.1.5. Deliver Acceptance forms to Client for Acceptance of the call flow, script, reports, and Application testing before an Application or Change Order Goes Live. 4.2. Client will: 4.2.1. Provide appropriate personnel and contact information to work in concert with Provider including the maintenance of a list of Client representatives: (a) authorized to deliver TFCC SOW Version 12.31.12 Confidential Paget P53 5. 6. Acceptance or execute Change Orders; (b) who should be contacted during business hours and after hours in the event of an emergency. 4.2.2. Participate in regularly scheduled status calls in support of Implementation schedule, Client Application deliverables and all life cycle support activities. 4.2.3. Manage any necessary changes to Interfaces to support the Functional Requirements. 4.2.4. If Client is COR, Client will manage all pre and post deployment coordination for ordering and provisioning of carrier circuits including advanced features and any subsequent changes to the foregoing that may occur from time to time. 4.2.5. Complete and /or coordinate any necessary switch configuration changes at Client call centers or Client designated third party providers. 4.2.6. Be responsible for providing and maintaining the hardware and software necessary for Provider to fulfill Functional Requirements relating to Interface connectivity from the Client or a Client designated third party provider. 4.2.7. Submit all necessary business requirements in order to formalize the Functional Requirements, including all business rules, call flows, scripts, reporting requirements and Go -Live Dates. 4.2.8. Complete testing to confirm that Application call flow, script, and reports are in compliance with Functional Requirements and sign Acceptance forms and Change Orders as set forth herein. Any Acceptance form or Change Order not executed or rejected by Client within 5 business days of request by Provider shall be deemed Accepted by Client. 4.2.9. Provide all Content required for the Message to be sent by Provider for Client. Notwithstanding any other provision of this SOW or the Agreement, Provider and Client acknowledge and agree that (i) Provider uses its Platform to provide the Services to the Client and Client receives the Services resulting from such use, (ii) Provider puts the Platform into service and controls the Platform and (iii) any rights of review and approval granted to Client hereunder relate to program content and the performance of Applications in accordance with the Functional Requirements, but not the Platform. Term. This SOW shall be effective on the SOW Effective Date and shall have an initial term of 12 months from SOW Effective Date (the "Initial Term "). This SOW shall automatically renew for successive 12 month terms after the Initial Term (each a "Renewal Term ") and the current term shall be referred to as the "SOW Term" herein. Termination. The SOW may only be terminated in writing by either Party if notice is received no less than ninety (90) days prior to the end of the SOW Term which termination will be effective at the end of the then current SOW Term (a "Termination Without Cause "), or as follows (each a "Termination For Cause "): 6.1. By either party upon the failure by the other party to perform any material obligation hereunder that is not cured within thirty (30) days after receipt of written notice and demand for cure from the affected party. 6.2. By either party upon the material violation by the other party of any applicable state or federal law, statute, rule or regulation in relation to its performance of this SOW; provided that such right to terminate shall only be available for thirty (30) days from the time that the non violating parry is aware or should have been aware of such breach. 6.3. By Provider, upon fourteen (14) days written notice if undisputed payments are in arrears. In addition, Provider may suspend the Services any time undisputed payments are fourteen (14) days in arrears. TFCC SOW Version 12.31.12 Confidential Page 3 P54 7. Effect of Termination. In the event of any termination hereunder Client shall compensate Provider for all Services provided and costs incurred in accordance with this SOW as well as all MC fees that may be due. Except for a Provider Termination For Cause, Provider shall, upon Client's reasonable request during a period not to exceed sixty (60) days (the "Termination Assistance Period ") after the Termination of this SOW, provide the Termination Assistance Services. The quality and level of performance during the Termination Assistance Period shall not be degraded. During the Termination Assistance Period, Provider shall (1) answer reasonable questions from Client regarding the terminated Services on an "as needed" basis and (2) deliver to Client any remaining Client owned reports and documentation relating to the terminated Services still in Provider's possession. During the Termination Assistance Period, Client shall pay the fees set forth herein for Services within the scope of this SOW and Provider's then current standard rates for services requested outside the scope of this SOW. S. Minimum Commitment. From and after the SOW Effective Date, Client shall meet the following minimum commitment: $15,000 annually (the "MC ") during the SOW Term. Upon any termination of this SOW for any reason other than a Termination For Cause by Client, Client shall pay the MC fees due for each month remaining in the SOW Term within thirty (30) days of such termination. The parties agree and acknowledge that Provider has made pricing concessions based on the provisions agreed to in this SOW and that any shortfall payments due under this SOW are a fair approximation of the damages that would be caused to Provider and does not constitute a penalty. 9. Responsibility For Content Transmitting Messages, and Accounts. Client represents and warrants that: 9.1 It is solely responsible for the Content and it has the legal right to use all Content and send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content, timing and purpose of all Messages, and Client's campaigns and programs are in compliance with all applicable laws, rules and regulations; 9.2 Client is the transmitter of all Content and Messages and Provider is merely acting at Client's direction as a technology conduit for the transmission of the Content and the Messages; 9.3 Provider's use of the Content shall not violate the rights of any third party or any law, rule or regulation; 9.4 Client has obtained prior express consent to contact each wireless phone number delivered by Client to Provider in connection with the provision of any Services delivering a prerecorded or text message ( "Notification Services "); 9.5 The intended contact recipient is the current subscriber to the wireless phone number; 9.6 Client has (a) incorporated an interactive opt -out mechanism as part of any program relating to any Services or (b) the contacts that are the subject of such Services are not initiated to induce the purchase of goods or services or to solicit a charitable contribution ( "Solicitations "); 9.7 Client has obtained from the recipient of any Solicitation an express written agreement that meets the requirements set forth in Section 310.4(b)(1)(v)(A) of the FTC's Telemarketing Sales Rule; and 9.8 Client will not transmit or allow to be transmitted any Content or Messages that: (a) it does not have a right to make available under any law or under contractual or fiduciary relationship; (b) are false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harmful to minors in any way; (c) infringe any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party; (d) utilize any unsolicited or unauthorized advertising, promotional materials, `junk mail ", "spam ", or any other forms of solicitation; or (e) interfere with or disrupts the Services or servers or network operator networks. TFCC SOW Version 12.31.12 Confidential Page 4 P55 Upon request, Client shall provide reasonable proof of compliance with the provisions set forth in this section and where Provider reasonably believes that Client may not have complied with such provisions or with all laws, rules and regulations, Provider may, at its option (i) scrub all numbers against any appropriate data base deemed necessary to remove all wireless phone numbers, (ii) insert an interactive opt -out mechanism and pass the resulting data to client or (iii) not provide any Services. To the extent allowed by Virginia law, client shall indemnify, defend and hold Provider, its affiliates and their officers, directors, employees and agents harmless from and against any and all claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from: Provider following Client's instructions in sending the Messages or Client's breach of any representation and warranty set forth in Section 9. 10. Fees. In consideration of Provider providing the Services, Client shall pay to Provider fees in U.S. Dollars, to a location in the United States of America designated by Provider, based on the pricing set forth in Schedule 1 hereto for the Services. On each twelve (12) month anniversary of this SOW, the parties agree that the pricing shall be increased by the CPI -U for all items, not seasonally adjusted, for Midwestern Size Class B/C cities (CPI) for the same period and such rate increases shall appear on Client's invoices in accordance with this SOW. IN WITNESS WHEREOF, Provider and Client have each caused this SOW to be signed and delivered by its duly authorized officer, all as of the date first set forth above. PITTSYLVANIA COUNTY WEST NOTIFICATIONS, INC. d /b /a TWENTY FIRST CENTURY COMMUNICATIONS in Name: Title: APPROVED STO FORM J. VADEN HUNT, ESQ. ATTORNEY, PITTSYLVANIA COUNTY a Name: Title: TFCC SOW Version 12.31.12 Confidential Page 5 P56 SCHEDULEI Pittsylvania County Fees Standard Pricing Plan — TFCC Alert Annual recurring fee $15,000 Unlimited weather alerts Included to Annual Fee Usage and Other Charges: Inbound calls (Notes la) $0.23 /minute Outbound calls (Notes 1-3) $0.20 /minute Prepaid outbound call minutes (Notes 1 -3) $0.16 /minute Fax (Note 3) $0.25/ a e Email (Note 4) $0.03 /email SMS Notification (Notes 4 -6) MonthlX Usa a Attainment Effective Rate/Attempt 0 to 250,000 $0.0350 250,001 to 500,000 $0.0300 500,001 to 1,500,000 $0.0275 1,500,001 to 2,500,000 $0.0250 2,500,001 + $0.0200 Custom programming charge (vote 7) $176 /hour Notes: 1. Voice charges are billed in one (1) second increments with a thirty (30) second minimum for each domestic call connected by Provider's IVR platform including operator intercepts. Connect time does NOT include call set -up, the time associated with logging call information, or busy ring/no answers. 2. Voice calls include support for dual- tone - multi- frequency (DTMF), also known as touch -tone, telephone keypad recognition and text -to- speech (TTS) services (synthesized speech for speaking retrieved information to a called party). 3. Usage charges for voice and facsimile notifications are for calls placed to domestic fixed line or mobile devices that operate under U.S. rate plans including Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, and American Samoa, and excluding Canada. A mobile device can be in the U.S. or roaming outside of the U.S. Fees for calls to fixed or mobile devices registered in countries outside of the U.S., including Canada, are available upon request. 4. Email and Short Message Service (SMS & FTEU SMS) notifications are billed per mobile terminated (MT) message attempted regardless if the end recipient acknowledges receipt or actually reviews the sent content. When two -way is enabled, notifications are billed on a per mobile terminated (MT) message attempted regardless if the end recipient acknowledges receipt or actually reviews the sent content, and the per mobile originated (MO) is received by the platform. 5. SMS notification pricing is based on an achieved -tier rate on a monthly basis. All notifications will be billed at the highest achieved volume tier for the billing month. As an example, if Provider processes 600,000 notifications, Client will be invoiced $16,500 for the month (600,000 notifications times $0.0275). TFCC SOW Version 12.31.12 Confidential P57 Page 6 6. SMS notification pricing includes the use of TFCC's short code. 7. Custom programming is provided on a project bid basis. 8. Out -of- pocket travel expenses related to the installation and maintenance of the Alert program are billed as incurred and invoiced at actual cost based on coach class airfare, midrange hotel and midrange car rental. TFCC SOW Version 12.31.12 Confidential Page 7 P58 SCHEDULE2 Definitions 1. "Acceptance" means written notification from the Client that the Application or Change Order meets the Functional Requirements and such Application or Change Order should Go -Live on the Platform. 2. "Advanced Speech Recognition' or "ASR" means the ability for a caller to speak directed dialogue within the IVR Application to navigate within the Application. 3. "Advanced Speech Recognition' software that allows computers to understand human speech. ASR can be programmed to understand virtually any word in the American /English dictionary, a series of letters and numbers, and any naturally spoken sentences that callers might speak. 4. "Answer Supervision' means the response provided by the Platform when it accepts a call offered to it by the carrier network. 5. "Application" means the unique software for a program associated with a defined set of Functional Requirements. 6. `Business Continuity Plan' means the formal plan maintained by the Provider detailing the facilities, procedures and personnel necessary to respond to an unplanned failure which significantly impairs the Platform. 7. "Change Control Management" means the formal process by which modifications to the Functional Requirements for an Application on the Platform or other supporting infrastructure are formally executed to ensure mutual approval, communication and notification between all parties. The Change Control Management process shall be as follows: upon receipt of written requests for change, Provider will provide a written time and cost to Client subject to the fees as defined by this SOW and shall only proceed with such change if a Change Order is approved by the parties in writing. 8. "Change Order" means a document executed by the parties that modifies existing, approved Functional Requirements or other supporting infrastructure for an Application on the Platform. 9. "Client of Record" or "COR" means the party responsible for inbound long distance charges, toll free transport, and related advanced features required by this SOW, including responsibility for the provisioning and troubleshooting of carrier services and features. 10. "Content" means personalized content made available by Client. 11. "Crew Callout" means a Web -based phone list calling tool that automates the crew callout and job -fill function. It is used to call field service and other employees to automatically track and fill available work opportunities. Using Crew Callout leads to faster service restoration by rapidly making calls through the automated process, freeing dispatchers from manually making dozens or even hundreds of phone calls. 12. "Database Cascade" means the Database Cascade is a secondary match process used within 14VCA in the event that a customer match cannot be found in the Direct Connect lookup in the CIS, or in the shadow database. It leverages two third -party databases, TransUnion (formerly Qsent) and Targus. In addition, a 'Patch Database' stores, on temporary basis, information on those customers who have previously matched through Database Cascade. 13. "Direct Connect" means TFCC's real -time connection service to its clients' outage management, customer information management, and workforce management systems over TFCC SOW Version 12.31.12 Confidential Page 8 P59 dedicated private frame relay circuits or the Internet through web service. Using Direct Connect results in providing utility customers with the most current information in HVCA and other TFCC applications, and in updating utility systems with outage and customer information real -time instead of in batches. 14. "DTMF" means Dual Tone Multi- Frequency; often also refered to as touch -tone. 15. "Field Connect' means TFCC's Field Connect provides a customized inbound calling application that enables utility field crews and /or "foreign" crews to call an automated system to update an event ETR, update an event cause code, confirm the device status or close the event. Internal systems are then updated automatically. Management is able to view and query call detail records as well as view summary data on the outageinfo.com website. 16. "Functional Requirements" means the set of written documents including applicable Change Orders mutually approved by the Client and Provider associated with each Application that defines the features, functionality, call flow, business rules, Script, reporting and Go -Live Date for each Application. The Functional Requirements become the official, defining documents upon which Application code is created, test plans are developed and validated and performance metrics are measured. 17. "Go -Live Date" means the date on which a Client Application or Application Change Order is moved to production on the Platform after Provider receives final, written Acceptance from Client. 18. "Grammar" means a set of structured rules that identify utterances in response to a prompt when collecting spoken input. 19. "HVCA" means Twenty First Century's High Volume Call Answering ( HVCAR) system designed specifically for utility companies to field the heavy incoming call traffic resulting from power outages and other emergencies. HVCAR routes calls away from the utility across its massive interactive voice response (IVR) platform, to minimize the impact on the call center. The system collects and feeds pertinent information into utilities' outage management, customer information, and workforce management systems. Not only that, it returns estimated restoration times to customers and performs call -backs via phone call or SMS text message for restoration verification. 20. "Implementation" means the initial set -up process by which a new Application is designed, developed, tested and ultimately Goes Live on the Platform. 21. "Interface" means the process associated with connecting a device or system on the Provider Platform to a device or system outside the Provider Platform for the purpose of exchanging data in accordance with Functional Requirements. The devices or systems may be resident within a Client premise or at a Client designated third party premise. 22. "IVR" means an Interactive Voice Response system. 23. "Maintenance" means the formal process by which modifications to the Platform are communicated and managed between Provider and Client during the normal course of business in order to sustain Services. 24. "MARS (Mutual Assistance Routing System)" The Mutual Assistance Routing System (MARS) is a Web -based service that makes it possible for utilities to assist each other with agent- answered calls during large outages or other crises. MARS is the next evolution of TFCC's industry- standard HVCAR system, which is widely used by utilities for high volume call answering in outage situations. While outsourcing outage calls to non - utility call centers has occurred for years, TFCC now makes it possible to outsource these same calls to actual TFCC SOW Version 12.31.12 Confidential Page 9 P60 utility CSRs with industry knowledge and experience. With MARS, utilities can maintain superior customer service, even in major events that impact their call centers. 25. "Messages" means messages transmitted regardless of channel by Provider on behalf of Client. 26. "Mobile Outage Reporting (MOBI)" means A mobile Web application that is yet another feature of our industry- standard High Volume Call Answering (HVCA) system. With mobile outage reporting, utility customers can easily report their outage, obtain restoration information, and more on their mobile phone's Web browser. 27. "Multi- channel interactive collections" means an automated, interactive means of contacting delinquent accounts - whether that means high -risk, lower threshold, or final customers. Our solution provides your customers with immediate payment options which can include: payment gateway, select payment arrangements, payment location information, assistance program information, and promise to pay. 28. "Natural Language" means a natural language understanding system takes a sentence (typically a recognized utterance) as input and returns a Tag (a representation of the meaning of the sentence). Natural language allows users to speak freely to an application and have their sentences interpreted by the Natural Language engine without having to write a complex static grammar that would cover the entire sentence. 29. "Performance Metrics" means the quantifiable set of metrics by which the Services delivered by the Provider as set forth in Schedule 1, incorporated herein by reference. Performance Metrics are reported and measured on a monthly basis. 30. "Platform" means the shared standard hardware, software, and facilities used by Provider to provide multi - channel automated services for its clients including but not limited to interactive voice response units, telecommunications access equipment, database servers, communication servers (to remote sites), LAN /WAN infrastructure, and power infrastructure, but shall not include anything provided by or through Client or its third party providers. 31. "Recipients" means Client's customers, partners or other recipients of Content or Messages. 32. "Script" means the documentation detailing the voice slots, messages and associated verbiage for the Application. 33. "Services" means the services set forth in this SOW. 34. "Shadow Database" means the batched database extract provided by TFCC clients to serve as backup to the Direct Connect process, should there be any latency or downtime on TFCC's end or the client's end. Not marketed as a product, but as part of HVCA. 35. "SOW Effective Date" means the date set forth in the introductory paragraph of this SOW. 36. "TFCC Alert" means TFCC's fully hosted, high speed, high volume multi - channel self - service outbound notification system that lets you send time- sensitive information to thousands of people anytime, anywhere, on any device. You can launch calls through TFCC Alert on the Web, your phone's keypad or mobile Web browser, via API, or by calling TFCC's 24x7x365 help desk. TFCC Alert even incorporates a GIS mapping function that's capable of using any of a utility's custom ESRI- compatible map layers. 37. "TFCC Search" means TFCC Search helps solve the age old problem of customer data accuracy and the benefits can impact the bottom line almost immediately. TFCC Search is a comprehensive nationwide telephone directory listing service containing 145 million telephone listing records and that uses only the highest quality data, directly from the source - over 700 telecommunications companies across the U.S. Contact information is updated daily, and every address is CASS corrected/USPS standardized. There are three access points: 1.) Batch: High TFCC SOW Version 12.31.12 Confidential Page 10 P61 volume file processing service that uses standard input and output formats. 2.) Interactive: Low volume manual entry into a Web form. 3.) Integrated: Machine -to- machine interface utilized within HVCA for non -match handling. 38. "Usage Charges" means the charges associated with any call received or made or content delivered by the Platform upon which an Answer Supervision response has been returned by the Platform to the carrier network or other such receiving end acknowledgement confirming acceptace or receipt of Content. 39. "Utterance" means a phrase or word spoken by a caller at a given recognition state in a speech application. 40. "Voice Recognition" means the process of a computer program to receive spoken words as input and understand and carry out the command. TFCC SOW Version 12.31.12 Confidential Page I 1 P62 EXHIBIT A Form of Change Order [Insert Client Name]— Change Order This Change Order is issued pursuant to that certain Statement of Work between West Notifications, Inc. d /b /a Twenty First Century Communications ( "Provider ") and ( "Client') dated _,20 . Application Name: Project No. Date of Priority: Request: Name ofRequestor: Desired Implementation Date: Solution Description: Solution Scope: Estimated Effort Summary Complexity: Total Effort: Duration: Project Governance: The following are prerequisites to finalizing project milestone dates: 1. A project start date will be determined once Provider receives signature from Client on this Change Order. 2. Provider will then work with Client to confirm detailed specifications. 3. A project delivery date will be determined once Provider receives sign -off from Client on business requirements. Development / Setup Fees: IN WITNESS WHEREOF, Provider and Client have each caused this Change Order to be signed and delivered by its duly authorized representative. Client. West Notifications, Inc. d /b /a Twenty First Century Communications By: By: Print: Print: Title: Title: Date: Date: APPROVED AS TO FO V4 I VADEN HUNT,,yEpSQ. TFCCSA,Q5NslohPflLT pl2NIACOUNTY Confidential P63 Page 12 iestl MASTER SERVICING AGREEMENT This Master Servicing Agreement ( "Agreement ") is entered into this 1st day of February, 2014, (the "Effective Date ") between Pittsylvania County ( "Client ") and West Notifications, Inc. d/b /a Twenty First Century Communications ( "Provider "). The parties hereby agree as follows: 1. Services and SOWs. The services are the automated and/or live agent call services, business process services, collection services, conferencing services or other related services agreed to in the applicable statement of work(s) (each an "SOW ") and provided by Provider (the "Services "). SOWs may be executed by Client and Provider or by Client and a Provider Affiliate (as defined in Rule 405 of the Securities Act of 1933) and must incorporate this Agreement by reference and in conjunction with this Agreement shall form a separate agreement between Client and Provider or between Client and the Provider Affiliate that executes the applicable SOW. Client shall look only to the Provider Affiliate that executes the SOW with respect to any right or obligation with respect to such SOW. 2. Term and Termination. 2.1. Term. This Agreement will continue from the Effective Date until the expiration or termination of the latest - ending SOW. Each SOW will specify its duration (each an "SOW Term "). The termination of any SOW shall not otherwise effect this Agreement or any other SOW. 2.2. Termination of an SOW For Cause. Any SOW may be terminated as follows: (a) by either party upon the failure by the other party to perform any material obligation related to such SOW that is not cured within thirty (30) days after receipt of written notice and demand for cure from the affected party; (b) by either party upon the violation by the other party of any applicable state or federal law, statute, rule or regulation in relation to its performance of the SOW; provided that such right to terminate shall only be available for 30 days from the time that the non violating parry is aware or should have been aware of such breach; or (c) by Provider, upon fourteen (14) days written notice if undisputed payments are in arrears. In addition, Provider may take any or all of the following actions any time undisputed payments are more than fourteen (14) days in arrears: (i) suspend the Services; or (ii) withhold data, materials or reports. Pricing is based on fees for the entire SOW Term. On early termination of an SOW (except due to Provider default), Client will pay for Services delivered and outstanding invoices, plus a termination fee equal to recurring fees times the remaining months of the SOW Term. "Recurring fees" will be the average monthly fee for the six months before the notice of termination. The parties agree that Provider has made pricing concessions based on the amount of recurring fees for the SOW Term, and the termination fees are a fair approximation of damages, not a penalty. 3. Char es. Client agrees to pay for the Services in accordance with the rates set forth in the applicable SOW in addition to all applicable taxes, fees and surcharges set forth on Client's invoice. Provider may increase the rates on each twelve (12) month anniversary of the applicable SOW by the CPI -U for West MSA v 08.06.13 all items, not seasonally adjusted, for Midwestern Size Class B/C cities (CPI) for the same period. Any sum due Provider hereunder will be due and payable via electronic funds (ACH, EFT or wire) thirty (30) days from the date of invoice. Invoices will be transmitted electronically. Client will pay interest on all past due sums at a rate which is the lesser of one and a half percent (1.5 %) per month, or the highest rate allowed by law. In the event part of an invoice is in dispute, Client agrees to pay the undisputed portion of the invoice and make a note on the invoice regarding the disputed portion within thirty (30) days from the date of invoice, otherwise Client will be deemed to agree to such charges and Provider will not be subject to making adjustments to charges or invoices. 4. Maintenance of Service. Provider agrees to provide and maintain the Services in a workmanlike manner customary for service providers in the industry. Provider does not warrant or guarantee in any way the results from the Services. Client agrees to provide and maintain systems and materials reasonably required by Provider to perform the Services, including as applicable, but not limited to: hiring profiles; scripts; program content and materials; conferencing content; Client or third party databases; forecasts; current process performance statistics; Client or third party software, hardware, systems, routing and network addresses and configurations; and key contacts for problem escalation (collectively the "Client Systems and Materials "). Provider shall not be liable hereunder relating to the Client Systems and Materials including the failure by Client to timely provide the Client Systems and Materials. 5. Representations And Warranties. 5.1. Each party represents and warrants to the other that: (a) its execution and performance of this Agreement and the applicable SOW will not violate any provision of law, rule, regulation to which such party is subject; and (b) such party will comply with all laws, rules and regulations pursuant to which such party conducts its business. 5.2. Each party represents and warrants to the other that: (a) it has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement and the applicable SOW; (b) the execution, delivery and performance of this Agreement and the applicable SOW have been duly authorized by such party; (c) no approval, authorization or consent of any governmental or regulatory authority is required to be obtained by it in order for it to enter into and perform its obligations under this Agreement and the applicable SOW; and (d) the signatory to this Agreement and the applicable SOW possesses all necessary authority to enter into the Agreement and applicable SOW. 5.3. Client represents and warrants that: (a) the Client Systems and Materials, all representations to be made by Provider as a part of Client's programs, and the content, timing, recipients and nature of all programs (including outbound communications and promotions and advertising to induce calls to Client's programs) will be in compliance with all laws, rules, regulations; and (b) Client is solely responsible for the content and rights to use the Client Systems and Materials and WEST CONFIDENTIAL P64 Page 1 Provider's use of the Client Systems and Materials shall not violate the rights of any third party or any law, rule or regulation. Client specifically acknowledges and agrees that Provider has not and is not expected to provide Client with any analysis, interpretation or advice regarding the compliance of any aspect of Client's Materials or programs with any third party rights or laws, rules, or regulations. Upon request, Client shall provide reasonable proof of compliance with the provisions set forth in this section and Provider shall have no obligation to provide Services where Provider reasonably believes that Client has not so complied. 6. License. Subject to Client's compliance with the terms and conditions of this Agreement, Provider hereby grants Client a non - exclusive license during the applicable SOW Term to use the Services set forth in the applicable SOW. Except as specifically set forth herein, Provider or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the Services, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to the Services. Client agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Other than using the Services for Client's internal business purposes, Client may not resell the Services or otherwise generate income from the Services. 7. Confidentiality and Proprietary Information. 7.1. Each party may disclose (the "Discloser ") confidential and proprietary information ( "Confidential Information ") to the other party (the "Recipient "). In each such case, the Recipient shall hold such Confidential Information in confidence and shall not disclose such Confidential Information except to a party's Affiliates, employees or agents who have a need to know such Confidential Information in order to perform such party's obligations under this Agreement. Client's Confidential Information shall include of all information relating to the trade secrets or business affairs of Client including consumer data, merchandising plans, marketing plans and product design and information. Provider's Confidential Information shall include the computers, systems and software operating the Service and all documentation, development tools, phone numbers, know- how and data related thereto, and any derivative works thereof as well as physical property, analytical procedures, techniques, skills, ideas, models, research, development, trade secrets or business affairs of Provider, its Affiliates or their employees, suppliers or agents. Neither party shall have any rights in the other party's Confidential Information and shall return or destroy all such Confidential Information upon the termination of the applicable SOW or the request of the Discloser. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Confidential Information residing on Recipient's backup, disaster recovery, or business continuity systems and the obligations hereunder with respect to such Confidential Information shall survive until such Confidential Information is destroyed. 7.2. Notwithstanding any other term hereof, the term "Confidential Information" shall not include information that: West MSA v 08.06.13 (a) was already in the lawful possession of the Recipient prior to receipt thereof, directly or indirectly, from the Discloser; (b) lawfully becomes available to Recipient on a non - confidential basis from a source other than Discloser that is not under an obligation to keep such information confidential; (c) is generally available to the public other than as a result of a breach of this Agreement by Recipient or its representative(s); or (d) is subsequently and independently developed by employees, consultants or agents of the Recipient without reference to the Confidential Information disclosed hereunder. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any request of a competent governmental body provided that, promptly upon receiving any such request and to the extent that it may legally do so, such party advises the other party of the request prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information. 8. Indemnification. 8.1. General Indemnity. To the extent allowed by Virginia law, client shall indemnify, defend and hold Provider, its Affiliates and their officers, directors, employees and agents harmless from and against any and all third party claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from: (a) a breach by Client of any term of this Agreement or an SOW; (b) the Client Systems and Materials; or (c) a claim relating to any defect in any product or service offered by Client, its Affiliates or any of their agents or customers. Provider shall indemnify, defend and hold Client, its Affiliates and their officers, directors, employees and agents harmless from and against any and all third party claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from a breach by Provider of any term of this Agreement or an SOW. 8.2. Provider Intellectual Property Indemnity. Provider will have the obligation and right at the entire expense of Provider to defend any claim, suit or proceeding brought against Client its Affiliates or their officers, directors, employees or agents so far as it is based on a third party claim that the Services supplied by Provider infringe a United States copyright or a United States patent issued as of the effective date of the applicable SOW, provided that Provider will have no indemnity obligation or other liability hereunder arising from: (1) Client's negligence, breach of the Agreement or an SOW or alteration of the Services as provided by Provider; (2) the Client Systems and Materials or Services that are based upon the Client Systems and Materials, or information, design, specifications, directions, instruction, software, data, or material not furnished by Provider; (3) combination of the Services with the Client Systems and Materials or any materials, products or services not provided by Provider; or any (4) third party products or services. If such a claim is or is likely to be made, Provider will, at its own expense and sole discretion, exercise one or the following remedies: (1) obtain for Client the right to continue to use, the Services consistent with this Agreement; (2) modify the Services so they WEST CONFIDENTIAL P65 Page 2 are non - infringing and in compliance with this Agreement; (3) terminate the applicable Services without liability for such termination other than the ongoing indemnity obligation hereunder. The foregoing states the entire obligation of Provider and its suppliers, and the exclusive remedy of Client, with respect to infringement of proprietary rights. 8.3. Indemnification Procedure. To the extent allowed by Virginia law, the party claiming indemnification shall: (a) notify the indemnifying party of any claim in respect of which the indemnity may apply; (b) relinquish control of the defense of the claim to the indemnifying party; and (c) provide the indemnifying party with all assistance reasonably requested in defense of the claim. To the extent allowed by Virginia law, the indemnifying party shall be entitled to settle any claim without the written consent of the indemnified party so long as such settlement only involves the payment of money by the indemnifying party and in no way affects any rights of the indemnified party. To the extent allowed by Virginia law, the indemnities set forth herein shall not apply to the negligence of the indemnified party. 9. Miscellaneous. 9.1. Entire Agreement and Integration. This Agreement, in conjunction with the applicable SOW constitutes the entire agreement between the parties to such SOW with respect to the subject matter of this Agreement and the applicable SOW and supersede all prior agreements, discussions, proposals, representations or warranties, whether written or oral. The Agreement and SOWS may be executed by fax, and /or in any number of counterparts, all of which shall together be considered an original and may be evidenced by a fax or scanned electronic (e.g..pdf, .tif) copy. 9.2. Notices. Any notice to be provided shall be in writing and shall be deemed given: (a) if by hand delivery, upon receipt thereof, (b) if mailed, three (3) days after deposit in the United States mail, postage prepaid, certified mail return receipt requested, or (c) if by next day delivery service, upon such delivery, or (d) if by facsimile transmission, upon receipt of such transmission, to the addresses or facsimile numbers set forth below the signature block or to such other addresses or facsimile numbers as either party may designate from time to time by written notice to the other party hereto. 9.3. Assignment. This Agreement and SOWS may not be assigned or transferred by a party thereto without the prior written consent of the other party thereto, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Provider may freely assign this Agreement and SOWS to an Affiliate or to an acquirer of all or part of Provider's business or assets, whether by merger or acquisition. 9.4. Waiver. No course of dealing or failure of a party to enforce strictly any term or provision or to exercise any right, obligation, or option provided, will waive such term, provision, right, obligation or option. 9.5. Independent Contractors. The Agreement and SOWS are not a joint venture or partnership, and each party is entering the relationship as a principal and not as an agent of the other. West MSA v 08.06. t 3 The parties hereto agree that Provider is an independent contractor in performing the Services. 9.6. Choice of Law. This Agreement and SOWS shall be governed under the laws of Virginia without regard for its choice of law principles. Client agrees that any legal action involving this Agreement or SOWS in any way will be instituted in a court of competent jurisdiction located in Virginia, and Client consents to jurisdiction of the state or Federal courts in the State of Virginia over Client's person for purpose of such legal action. 9.7. Change Management. Either party may request changes or enhancements to the Services. In such event, the following procedure shall be followed by the parties (the "Change Policy "). The requesting party shall provide a written description of the change and the parties shall meet in good faith to discuss the change and any additional costs or other required terms and any such change shall only become effective upon mutual agreement on a change order or amendment. For the avoidance of doubt, if the Agreement or an SOW otherwise allows either party to unilaterally alter the Services or any policies, rules or procedures applicable to this Agreement or the SOW, either party may implement the Change Policy prior to any such changes becoming effective or binding if such unilateral change will cause time or cost impact to such party. 9.8. Identification. Advertising & Publicity. Client agrees that it will not identify Provider as the provider of the Services to the media or any governmental, regulatory, or other official without prior notice to Provider and Provider's prior consent, unless required by legal process, law, rule or regulation, in which case Client shall still notify Provider of such requirement. Except for materials already made public, neither party will distribute any news releases, articles, brochures, speeches, or advertisements concerning this Agreement or SOWS, nor use the other party's name or trademarks (or any variation thereof), without the other party's prior written consent. Notwithstanding the foregoing, Provider may use Client's name and trademarks in a list of customers, or in connection with written sales or promotional materials. 9.9. Recording. Client agrees that all calls may be recorded or monitored by Provider at Provider's option. Such recording or monitoring shall not violate any state or federal law. 9.10. Increased Cost of Services. Notwithstanding the terms of this Agreement or any SOW, if at any time Provider's variable labor costs in providing the Services from a particular location increase by 5% or more (i) as a result of any law, regulation, order, arbitral or judicial award or negotiated agreement; or (ii) at the discretion of Provider provided (a) such increase is incurred within any thirty (30) day period and (b) Provider has given prior written notice to Client no less than thirty (30) days earlier that such increase is likely to occur, Client shall, within thirty (30) days of receipt of written notice of such cost increase from Provider under section (i) or (ii) above, either (x) execute an amendment to the applicable SOW to revise pricing to reflect such increased costs, (y) execute an amendment to the applicable SOW permitting Provider to provide the Services under the applicable SOW from one or more alternate locations, or (z) terminate the applicable SOW upon thirty (30) days written notice to Provider. In the event of WEST CONFIDENTIAL P66 Page 3 a termination in accordance with the foregoing sentence, any transition assistance and ramp down provisions under the applicable SOW shall be reduced to a period no longer than sixty (60) days. 9.11. Non - solicit. Without the prior written consent of the other party, during the applicable SOW Tenn and continuing through the first anniversary of the termination of the applicable SOW Term, neither party shall, and shall ensure that its Affiliates do not, directly or indirectly, solicit or attempt to solicit for employment any employees or agents of the other party who are directly involved in carrying out the obligations of such party related to the Services. If any employee or agent of a party, as a result of active recruitment solicitation by the other party, becomes employed by such other party within the time periods defined above, such other party agrees to pay the party at the time of such employment an amount equal to seventy -five percent (75 %) of the employee's or agent's estimated income during the first year of employment. This paragraph does not pertain to unsolicited individuals that voluntarily approach a party for employment or respond to general advertising. 9.12. Taxes. Provider shall add to each invoice and Client shall pay any sales, use, excise, value- added, gross receipts, services, labor related, consumption and other similar taxes or surcharges , however designated, that are levied by any taxing authority in connection with the provision or use of Services under this Agreement or any SOW. If at any time during the Term of this Agreement or any SOW, Provider believes that it is required by law to collect any new or additional taxes for which Client would be responsible for paying, Provider shall notify Client of such taxes, collect such taxes directly from Client and remit such taxes to the appropriate governmental authority. If any taxing authority determines at any time that Provider has incorrectly determined any tax liability regarding taxes for which Client is responsible pursuant to this Agreement or any SOW, Provider shall have the right to invoice Client for such taxes determined by such taxing authority to be due and owing. 9.13. Severability. If any provision of this Agreement or the applicable SOW is held invalid or unenforceable at law, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable and the remainder of this Agreement and the applicable SOW will continue in effect and be valid and enforceable to the fullest extent. 9.14. No Third party Beneficiaries. This Agreement and SOWS are for the sole benefit of the parties to such SOW and are not intended to, nor shall it be construed to, create any right or confer any benefit on or against any third party. 9.15. Interpretation. "Including" means "including, without limitation ", and "days" refers to calendar days. This Agreement and each SOW is the joint work product of the parties thereto, and no inference may be drawn or rules of construction applied against either party to interpret ambiguities. If any terms of this Agreement and an SOW conflict, the terms of the SOW will govern for that SOW only. No preprinted or form terms, including on any purchase order, will apply. 9.16. Force Maieure. Neither party shall be liable for delays West MSA v 08.06 13 and /or defaults in its performance (other than Client's obligation to pay fees for Services performed) due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing: acts of god or of the public enemy; fire or explosion; flood; stability or availability of the Internet; the elements; telecommunication system failure; war; technology attacks, epidemic; acts of terrorism; riots; embargoes; quarantine; viruses; strikes; lockouts; disputes with workmen or other labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or requests of any governmental authority; or any other cause beyond its reasonable control, whether or not similar to the foregoing. 9.17. Amendments. Each amendment, change, waiver, or discharge shall only be valid if made in writing by authorized representatives of all applicable parties. 9.18. Survival. All provisions of this Agreement or any SOWS which by their nature should survive termination shall survive termination including Sections 2, 3, 5, 6, 7, 8 and 9 of this Agreement. 10. Limited Warranty and Limitation of Liability. 10.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON - INFRINGEMENT. PROVIDER EXPRESSLY DENIES ANY REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR -FREE. 10.2. NO CAUSE OR ACTION WHICH ACCRUED MORE THAN TWO (2) YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED UNDER THIS AGREEMENT BY EITHER PARTY. 10.3. EXCEPT FOR THE PARTIES' INDEMNIFICATION AND PAYMENT OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER. THE TOTAL LIABILITY OF PROVIDER FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO PROVIDER BY CLIENT UNDER THE SOW APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. WEST CONFIDENTIAL P67 Page 4 IN WITNESS WHEREOF, The parties hereby execute and authorize this Agreement as of the date first set forth above. PITTSYLVANIA COUNTY Authorized Signature Name Typed or Printed Title Dated signed: Address for Notices: Attn: Fax APPRIE4DS TO. FOR J. VADEN HUNT, ESQ. ATTORNEY, PITTSYLVANIA COUNTY West MSA v 08.06.13 WEST NOTIFICATIONS, INC. D /B /A TWENTY FIRST CENTURY COMMUNICATIONS Authorized Signature Name Typed or Printed Title Date signed: Address for Notices: 11808 Miracle Hills Drive Omaha, NE 68154 Attn: General Counsel Fax: 402.963.1211 WEST CONFIDENTIAL P68 Page 5 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE• Aide to Construction Agreement — Columbia Gas of Virginia SUBJECT/PROPOSAL/REQUEST: Construction Agreement STAFF CONTACT(S): Mr. Hawker BACKGROUND: AGENDA DATE: February 3, 2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 12 INFORMATION: INFORMATION: DISCUSSION: The generator for the Pittsylvania County Sheriff's Office at the Moses Building has been installed in accordance with contract documents and completed. The factory representative has tested the generator for functionality to ensure the transfer stitch between public utilities is operating properly. At present, the County has a boiler system on the inside of the building that operates off gas and uses %2 pound of gas pressure. The generator, due to the extreme load starting up, uses up to 3 lbs of gas pressure. Therefore, the County has negotiated an agreement with Columbia Gas of Virginia to install a new rotary gas meter large enough to provide gas to the generator and to install a step down regulator to control the pressure on the boiler system. It will be necessary for the County to increase the size of the supply line coming from the street and under the sidewalk to the new meter in order to regulate both pieces of equipment. The total price is $6,854.21. The $1,632.35 identified in the agreement is a tariff charged by the State Cooperative Commission that has to be paid by all entities with no exemptions. Funding to cover the agreement has been identified in the Sheriff s budget. RECOMMENDATION: Staff recommends the Board of Supervisors: (1) approve the Aid to Construction Agreement with Columbia Gas of Virginia in the amount of $6,854.21; and (2) to authorize the Interim County Administrator to all necessary documents. P69 Columbia Gas- of Virginia AANOW"CDOWWW Rep. Melinda Bateman Opp ID 40250 Location No. 3760 PSID No. 500246519 AID TO CONSTRUCTION AGREEMENT This Agreement entered into as of the date of execution indicated herein below by and between Columbia Gas of Virginia, hereinafter called the "Company" whose mailing address is 1809 Coyote Drive, Chester, Virginia 23836 and the Pittsylvania County Board of Supervisors, whose mailing address is P.O. Box 426, Chatham, VA 24531, hereinafter called the "Applicant." Whereas Applicant has requested Company to install certain facilities, described below* ( "Facilities ") for service located at Moses Building, 21 N. Main St., Chatham, VA 24531. Now, therefore, the Applicant agrees to pay Company $6,854.21 (base $5,221.86 + tax $1,632.35) as an Aid to Construction towards the construction of the Facilities, which cannot be refunded. Company has no obligation to initiate scheduling of construction, installation and/or improvement of the Facilities unless and until such time as the aforementioned Aid to Construction has been paid and this Aid to Construction Agreement ( "Agreement') has been executed and returned to the Company. If Applicant does not execute and deliver this Agreement to Company by April 16 "i, 2014, this Agreement and its terms and conditions shall be deemed null and void. In such case, if Applicant still desires the installation of the Facilities it will be required to reapply to Company for a determination of the cost and feasibility the Facilities at that time. Applicant further agrees that at all times the Facilities are and shall remain the property of Company. *Facilities to be installed: Meter: upgrade service to 2 ", 10,000 series EFV, 3M Rotary meter, 2" FLG, Met 13 setting, 2" B- 34- IMR;1 /" orifice regulator (Silver/Red stripe color The Pittsylvania County Board of Supervisors and its authorized representative signing below represent and wan-ant that the Pittsylvania County Board of Supervisors has requisite authority to enter into this Agreement and that the representative of the Pittsylvania County Board of Supervisors signing this Agreement is authorized to bind or obligate the Pittsylvania County Board of Supervisors to the terms of this Agreement, and that, if applicable, the Pittsylvania County Board of Supervisors is acting in accordance with all procurement requirements applicable to the Pittsylvania County Board of Supervisors. Facsimile and pdf signatures shall be as legally binding and considered in all manner and respects as original signatures. COLUMBIA GAS OF VIRGINIA, INC. Pittsylvania County Board of Supervisors Authorized Representative Authorized Representative Signature Melinda Bateman Name New Business Sr Reo Title 1/16/14 Date P70 Signature Name Date APPROV�ErE AS TO FORM J. VADEN HUNT, ESQ. ATTORNEY, PITTSYLVANIA COUNTY PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Expenditure Refunds- Requires a motion and a 10 -day layover SUBJECT/PROPOSAL/REQUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: AGENDA DATE: 2 -03 -14 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 13 INFORMATION: INFORMATION: REVIEWED BY: Aw� DISCUSSION: Attached is a list of expenditure refunds for the month of January 2014 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: $199.67 to Clerk of Courts- Copier Lease (100 -4- 021600- 60051), $1,789.93 to Sheriff -Parts (100-4-031200-6030), $1,473.20 to Sheriff -Labor (100-4-031200- 6031), $100.00 to Recreation - Recreation Supplies (100 -4- 071100 - 6014), $13,283.74 to WIA -Other Operating (251 -4- 353853- 6014). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P71 Finance Department P.O. Box 426 Chatham, Virginia 24331 PITTSYLVANIA COUNTY VIRGINIA Phone (434) 432 -7740 Fax (434) 432 -7746 Gretna /Hurt (434) 656.6211 Bachelors lull/Whitmell (434) 797.9550 MEMO TO: Otis S. Hawker, Interim County Administrator FROM: Kim Van Der Hyde Finance Director SUBJECT: December Expenditure Refunds DATE: January 31, 2014 The list below shows all expenditure refunds that were sent to the Finance Department during the month of January. I am recommending that all of these expenditure refunds be reappropriated by the Board of Supervisors. 1004- 021600 -60051 Circuit Ct Clerk- Copier Lease 199.67 Reimbursement 100 -4- 031200 -6030 Sheriff -Parts 1,789.93 Restitution/insurance Claims 100 -4- 031200 -6031 Sheriff -Labor 1,473.20 Insurance Claims 1004- 071100 -6014 Recreation -Rec Supplies 100.00 Donation 2514- 353853 -6014 WIA -Rent 13,283.74 Rent Reimbursement (251 -3- 000000 - 150201) TOTAL EXPENDITURE REFUNDS — JAN $16,846.54 P72 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Approval of Transfer of Funds- Building Inspections for Keystone Upgrade SUBJECT/PROPOSAL/REQUEST: Approval of transfer of funds for upgrade to the Building Inspections' Keystone software STAFF CONTACT(S): Hawker, VanDerHyde AGENDA DATE: 2 -03 -14 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY:A ITEM NUMBER: 14 INFORMATION: INFORMATION: BACKGROUND: Keystone Information Systems has been upgrading the software for the Building Inspector's Office. This upgrade was necessary because Keystone was unable to continue to support the software being used by this office. Work began on this project in July. DISCUSSION: Monies for this upgrade project were not budgeted because this was an unforeseen upgrade that occurred after the budget process. Attached is a copy of the Statement of Work totaling $8,500 for this project. Nondepartmental funds exist to cover the expense of this project. RECOMMENDATION: Staff recommends that the Board of Supervisors approve a transfer of funds from the Nondepartmental budget in the amount of $8,500 to the Building Inspection's budget to cover this upgrade. P73 A KtEYMNE To: Kevin Bumper Pittsyloama Conroy 21 N Main St Chatham VA 24531 Re: Building Permirssoftware QUOTATION From: Michael Liggen Keystone Information $stems IOW Lenola Road Maple Shade, NJ 09052 mlieeera(alkev nfosys cons Building Permits - upgrade from character -based to Keystone Client (GUI- .111 WSW) Prams; integrated with PAAS It software. Upgrade fee waived, rcNucc the GV47 S Implementation services, including software installation and training. 60 Block purchase of60 hours of professional services, at discounted rate of $1251lu services. Includes two on -site trips of 2 days each (total of four days onsite)____ S 125 S 7,500 4 Round-trip travel fen for PAAS application staff (NC- based) for four (4) days onsite. S 250 S 1,000 Mess novel arpenrQ 10 b[ invoiced a<lncuned Note: See attached pricing notes. S'igrmmre below is Customer ' Buler's Acceptance amt order to proceed with the ptmchase, delivery andrequoed poymemfor obverquotedproduetaandservires llnlessotherwise.rtipulaiedby Keystoru. orderofpm*,Isandmnicesproposedi rein will constitute agreement that some will be added to the.49menwni for Purchase ofSofnvare Licenses andAssockned Services eseculed between Keystone Informatiao Systems, Ins• and ParrAwma Count), Government on June 22, 1999 and based on the rely nt terms contp6sed therein. With an Auflpffited Signature, this dogyment will/erve as an order. Date Corpente Hredgmten I IOW 1 enW. Rand I Mepie Shade NJ 0805218 35-4862185&234 -5871 fu www.ktvinfnsys cam P74 REPORTS FROM MEMBERS P7j REPORTS FROM LEGAL COUNSEL P76 REPORTS FROM INTERIM COUNTY ADMINISTRATOR P77 PITTSYLVANIA COUNTY VIRGINIA S Y L Darrell W. Dalton, Superintendent ¢ 9� Phone (434) 432 -1768 Building &Grounds Department o 5- �� p Fax (434) 432 -2294 51 N. Main St. a t �j ✓ o ti z Gretna /Hurt (434) 656 -6211 P.O. Box 426 .� Chatham, Virginia 24531 1767 Bachelors Hall /Whitmell (434) 797 -9550 E -mail: darrell.dalton @pittgov.org MEMORANDUM To: Otis S. Hawker, Interim County Administrator From: Kaylyn Giles, Administrative Assistant II, County Administration` Date: January 31, 2014 Subject: COMPLETED WORK ORDERS — January 2014 Attached please find a listing, by department, of completed work orders for the month of January. This list does not reflect work orders in progress but not yet completed, actual expenses incurred, or routine maintenance necessary for the smooth operation of the County facilities. However, it does reflect the total number of man- hours. Presently, there are approximately 26 work orders still outstanding. If you have any questions concerning this, please do not hesitate to contact me. KG Attachment cc: Darrell W. Dalton, Director of Buildings and Properties P78 BUILDING & GROUNDS MAINTENANCE WORK ORDERS COMPLETED FOR MONTH OF JANUARY 2014 NO. W/O MAN -HOURS ANIMAi.CONTROL ARMORY A S C S (EXTENSION /USDA -FSA BOARD OP SUPERVISORS UILDNG &GROUNDS l I BULLDNG NSPECTIONS CAPTAIN MAR11N BLDG CENTRAL ACCOIRING CENTRAL PURCHASMG CIXCUl1COUKT CLERK OF COURT 1 1 CODE COMPLIANCE (PLANNING COM MISSSION & ZONPIG COMMISSIONER OF REVENUE 3 3 COMMONWEALTH ATTORNEY 1 1 COMMUNITY PoLICY AND MGMT. BOARD COMPACTOR SITE COUNTYADME4USTRATORANDASST COUNTYADMIN. 3 6 COUNTY ATTORNEY 1 1 COURTHOUSE (1968 ANNEX) 1 1 COURTHOUSE (EDWNK SBBELDS) CSA -CPMB DEPOT HORDING ECONOMIC DEVELOPMENT EMERGENCY", FACRTIY ] 2 ENVMONMENTAL HEALTH FINANCE FIRE MARSHAL GENERAL DISTRICT COURT GRANTS ADMISTRATION HEALTH DEPARTMENT 1 1 HUMAN SERVICES FACOUTY NDUSTRLll. PARKS M ORMATION TECHNOLOGY ALL 20 ]9 IUVENILE & DOMESTIC COURT 1 N V ENLLE & DOMESTIC COURT SERV ICES UNR LANDFILL l LIBRARY 3 7 LTIERACY MAGISTRATE. MOSES BUB.DNG OLD DOMINION AG COMPLEX PIED BUBJ)NG REASSESSMENT RECREATTON: RAH.- TRAR.& WAYSWE PARK RECREATIONAL REGISTRAR - V OTNG PRECNCTS SHP,RIPF 2 2 90CMG SERVICES 2 2 TREASURER VICTIM WTTNESs OTHER, 4380BERRYHO RD RNGGOLD DEPOT CALLANDS CLERKS OFFICE OLD CHATHAM ELE84NTARY SCHOOL YATES TAVERN TOTXL WORK ORDERS COMPL6T&D -Jd URY2014 42 69 YEAR To DATE 07MIM13- 06/302014 502 992 P79 PITTSYLVANIA COUNTY VIRGINIA Otis Hawker, Interim County Administrator P.O. Box 426 Chatham, Virginia 24531 e -mail: dsleeper @pittgov.org uuV 0 MEMORANDUM To: Otis S. Hawker, Interim County Administrator From: Pete Boswell., Chief Animal Control Officer Date: January 31, 2014, Subject: Animal Control Activity Report Phone (434) 432 -7710 Fax (434) 432 -7714 Gretna /Hurt (434) 656 -6211 During the period of Januaryl, 2014 through January 30, 2014, the Animal Control Officers responded to 244 calls; _42_ follow up calls as per Pete Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custody: 77 Dogs 56 Cats 21 Other 0 Animals on hand at month end 10 Animals dispatched 23 1- cats 22- dogs Licenses checked 38 Court cases 13 Summons 4 Animals Adopted 3 Animals returned to owners 8 Cats taken to the Humane Society 20 Animals Transferred 21 FCHS -18 MHC- 3 Injured animals picked up 3 1 cat 2 dogs Animals found in traps 15 Cats - 13 Dogs - 2 Exposures: Human /Saliva 0 Exposures: Dogs/Cats/Wildlife 0 Dog Bites 1 Cat Bites 0 Cruelty Checks 1 Well -being Checks 24 Cat/Dog Fights 1 Investigated killings by dogs/cats 6 Investigate killings by Coyotes 0 If you have any questions concerning this, please do not hesitate to contact me. P80 PITTSYLVANIA COUNTY VIRGINIA ¢�� s L Ahi Otis HawkeyInterim ¢ 7� Phone (434) 432 -7710 County Administrator 0 o Fax (434) 432 -7714 P.O. Box 426 a ti o z Gretna /Hurt (434) 656 -6211 Chatham, Virginia 24531 e -mail: dsleeper @pittgov.org `o 1767 To: Otis S. Hawker, Interim County Administrator From: Pete Boswell., Chief Animal Control Officer Date: January 31, 2014, 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 Pete Boswell, Chief Animal Control Officer, for the period of January 1, 2013 through January 30, 2014 Description Number Remarks Total hours monitored 18.8hrs Vehicles entering sites 159 Vehicles checked 11 Summons' issued 0 Court Cases 0 Convictions 0 If you have any questions concerning this, please do not hesitate to contact me. P81 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES January 2014 TYPES OF PERMITS 58 BUILDING PERMIT FEES COLLECTED $7,508.40 58 LEVY COLLECTED $150.32 0 SUBDIVISION FEES COLLECTED $0.00 7 ZONING PERMIT FEES COLLECTED $30.00 0 REINSPECTION FEES COLLECTED $0.00 4 LAND DISTURBING FEES COLLECTED $215.00 127 TOTAL FEES COLLECTED $7,903.72 MONTHLY HTTTLDING VALTJES 1 NEW DWELLINGS $320,000.00 2 MOBILE HOMES /OFFICE TRAILERS 14,000.00 0 DOUBLE -WIDE MOBILE HOMES 0.00 1 MODULAR 266,597.00 18 COMMERCIAL CONSTRUCTION 1,460,250.00 36 MISCELLANEOUS 305,077.00 58 TOTAL $2,365,924.00 NONTAXABLE: $178,580.00 $2,365,924.00 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE 187 NUMBER OF REJECTIONS OF WORK 28 NUMBER OF E & S INSPECTIONS 48 NUMBER OF MILES INSPECTORS TRAVELED 3,165 MONTHT.Y ZONING FEES 0 REZONING FEES COLLECTED $0.00 0 SPECIAL USE PERMIT FEES COLLECTED 0.00 0 VARIANCE & APPEAL FEES COLLECTED 0.00 0 SIGN PERMIT FEES COLLECTED 0.00 0 TOTAL $0.00 Respectfully Submitted, Oddie H. Shelton, J . Director of Code Compliance/ Zoning Administrator P82 CLOSED SESSION P83 ADJOURNMENT P84