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11-19-2019 Business Meeting Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, November 19, 2019 – 7:00 PM Pittsylvania County General District Courtroom Edwin R. Shields Courthouse Addition, 11 Bank Street Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (7:00 PM) 2. ROLL CALL 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. AGENDA ITEMS TO BE ADDED 6. APPROVAL OF AGENDA 7. CONSENT AGENDA a. Minutes Approval: October 15, 2019, Fire and Rescue Policies and Procedures Committee Meeting, Work Session, and Business Meeting (Staff Contact: Kaylyn M. McCluster) b. Jail Commissary Services RFP Award (Staff Contact: Kimberly G. Van Der Hyde) c. Adams Green Box Site Lease Agreement Approval (Staff Contact: Richard N. Hicks) d. Final Jail and Courthouse Assessment Approval (Staff Contact: Richard N. Hicks) e. Dam Study RFP Award (Staff Contact: Richard N. Hicks) f. Resolution # 2019-11-01 (Danville Economic Development Enterprise Zone Support) Adoption (Staff Contact: Matthew D. Rowe) g. Opioid Negotiation Class Opt Out Submittal Authorization (Staff Contact: J. Vaden Hunt, Esq.) h. West Piedmont Regional Hazard Mitigation Plan Letter of Intent Submittal Authorization (Staff Contact: Christopher C. Slemp) Business Meeting - November 19, 2019 i. Intrado 911 Phone Service Contract Extension Approval (Staff Contact: Christopher C. Slemp) j. Edwards Rollback Taxes Exoneration Authorization (Staff Contact: Shirley Y. Hammock) k. Resolution # 2019-11-03 (Voluntary Benefits Adoption Resolution) Adoption (Staff Contact: Holly E. Stanfield) 8. PRESENTATIONS a. Shields Resolution Presentation (Presenter: Delegate Les R. Adams) b. Annual Report; Danville-Pittsylvania Community Services (Presenter: Kimberly G. Van Der Hyde) 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. Case 1: Public Hearing: Rezoning Case R-19-032; Sarah Wilson Smith; Tunstall Election District; A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Contact: Supervisor Barber) B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an Business Meeting - November 19, 2019 audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) b. Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde) 13. APPOINTMENTS a. Appointment: WVEMS (Staff Contact: David M. Smitherman) b. Appointment: Planning Commission (Banister District); (Supervisor Miller) c. Appointment: Industrial Development Authority (Westover District); (Contact: Supervisor Scearce) 14. MATTERS FROM WORK SESSION (IF ANY) 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes Approval: October 15, 2019, Fire and Rescue Policies and Procedures Committee Meeting, Work Session, and Business Meeting (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 19, 2019 Item Number: 7.a Attachment(s): 10-15-2019 Fire-Rescue Committee Meeting Minutes - DRAFT 10-15-2019 Work Session - DRAFT 10-15-2019 Business Meeting - DRAFT Reviewed By: 7.a Packet Pg. 4 Fire and Rescue Policies and Procedures Committee October 15, 2019 Pittsylvania County Board of Supervisors Fire and Rescue Policies and Procedures Committee Tuesday, October 15, 2019, Meeting VIRGINIA: The Fire and Rescue Policies and Procedures Committee of the Pittsylvania County Board of Supervisors was held on Tuesday, October 15, 2019, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Ronald S. Scearce, Chairman, called the Meeting to Order at 3:32 p.m. The following Committee Members were present: Charles H. Miller, Jr. Ronald S. Scearce The following Board of Supervisors Members were also present: Joe B. Davis Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Richard Hicks, Assistant County Administrator for Operations; Mrs. Kaylyn McCluster, Deputy Clerk; Christopher C. Slemp, Director of Public Safety, were also present. Approval of Agenda Motion was made by Dr. Miller, seconded by Mr. Scearce, to approve Agenda, which was unanimously approved by the Committee Members present. New Business Review Chapter 11 Public Safety Ordinance and Discussion of Characteristics of Ideal Commission Member: Mr. Slemp facilitated discussion regarding nominations for the Commission. He stated the County had been divided into four (4) quadrants for the nominations to be received from. He would like for the nominations to be back for review no later than the November Board Meeting and requested consensus of the Committee to send out a letter from Mr. Scearce with an attached Commission Interest Application. Rescue 1 Apparatus Update: Mr. Slemp stated, to date, there has been about $25,000 in repairs to this vehicle. They are trying to explore other options for funding due to it being a County asset. Robert W. Warren entered the Meeting at 3:40 p.m. Staff Reports Mr. Slemp stated he went through a lot of old records at the Depot Building and looked at the costs of replacement of fire trucks and apparatus, and these costs keep escalating. Mr. Slemp thinks there 7.a.a Packet Pg. 5 Attachment: 10-15-2019 Fire-Rescue Committee Meeting Minutes - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Fire and Rescue Policies and Procedures Committee October 15, 2019 needs to be some changes in the periods the Departments can spend the money that is allotted to them. Also, he would like to create a vehicle rotation to assist with these issues. The major goal of the Commission is to help develop a Strategic Plan to help with these big-ticket items. Adjournment Mr. Scearce adjourned the Meeting at 4:08 p.m. 7.a.a Packet Pg. 6 Attachment: 10-15-2019 Fire-Rescue Committee Meeting Minutes - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and October 15, 2019 Work Session Pittsylvania County Board of Supervisors Work Session October 15, 2019 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on October 15, 2019 in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, called the Meeting to Order at 4:30 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Joe B. Davis Chairman - Dan River District Present 4:18 PM Charles H. Miller Vice Chairman - Banister District Present 4:15 PM Tim R. Barber Supervisor - Tunstall District Present 4:21 PM Elton W. Blackstock Supervisor - Staunton River District Present 4:21 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:24 PM Ronald S. Scearce Supervisor - Westover District Present 4:21 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 4:15 PM AGENDA ITEMS TO BE ADDED APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren PRESENTATIONS STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. New Solid Waste Convenience Sites Timeline and Engineering Cost Update (Staff Contact: Richard N. Hicks); (15 minutes) Mr. Hicks presented the Board with an update on the proposed timeline for design and construction of the new County Convenience Centers. The first convenience center would be the Climax Road Neighborhood Convenience Center with a total of $37,900.00The projected completion date is August 18, 2020. The second site is the Level Run Road Neighborhood Convenience Center with a total of $37,900 and a projected completion date of August 18, 2020. The third site is the US Highway 29 Road Regional Convenience Center with a total of $63,960 and a projected completion date of March 19, 2020. The projected FY 19/20 capital funds available is $525,000 and the site evaluation, permitting and final design costs for the three (3) sites is $82,190. Complete paving at the Mount Hermon Convenience Center is $39,485. 7.a.b Packet Pg. 7 Attachment: 10-15-2019 Work Session - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors October 15, 2019 Work Session Installation of a second driveway at Smith Mountain Lake Convenience Center is $7,480 and installation of a second gate at the Smith Mountain Lake Convenience Center is $2,500. The base bid for Brosville/622 Paving and Improvements is $95,000. The Change Order to adjust the existing concrete pad is $1,700. The Change Order for the rock base at the site entrance is $3,200. The existing compactor repairs and renovations totals $50,000 and the total projected capital costs for FY 19/20 totals $281,555. b. Wayside Park Update and Discussion of Potential Playground Award (Staff Contact: Mark W. Moore); (15 minutes) Mark Moore updated the Board on the Wayside Park Project and discussed awarding a contract for playground installation at the park. The playground is $192,000, completely paid for with Grant money. This will be a destination playground and park once it is complete. Students from the Skills USA program at the Career and Technical Center will be partnering with Parks and Recreation to create a “LOVE” sign for Wayside Park. There is a Grant for “Love” signs and Mr. Moore plans to submit that to the Tourism Corporation. c. Review of CSA Year-End Financials (Staff Contact: Cheryl J. Boswell); (15 minutes) Cheryl Boswell presented to the Board the CSA Year-End Financial Report. Fiscal year 2018 savings was $941,718.52 and Fiscal Year 2019 savings was $682,051.81. $1,623,770.33 has been saved over the past two years. Mrs. Boswell stated that CSA is continuing to work on strategies to continually be responsible and serve the children and families in our community. The Board commended her for her hard work and efforts. d. Discussion of SVMP Timber Harvesting (Contact: Supervisor Barber); (15 minutes) Mr. Barber led discussion about timber at the Berry Hill Park. He suggested talking with a timber consultant and consider putting this in a management plan, due to there being a lot of marketable timber there. Mr. Warren stated that the land is owned by RIFA and they are looking into this and are planning to attempt something such as this. e. Fire and Rescue Policies and Procedures Committee Recommendations (Contact: Supervisor Scearce); (10 minutes) Mr. Scearce briefed the Board on the earlier Fire and Rescue Policies and Procedures Committee Meeting. He stated the County was split into four (4) quadrants and are requesting each quadrant to submit nominees for the Fire and Rescue Commission. There will be a letter with an interest application attached sent out for those interested in serving. The applications will be reviewed at the November Work Session and then recommended to the full Board for approval. Mr. Slemp also suggested developing a long term strategic plan to help fund fire and rescue apparatus. f. Other Reports BUSINESS MEETING DISCUSSION ITEMS CLOSED SESSION Motion to enter Closed Session and add projects MEP and 500 to Closed Session. 7.a.b Packet Pg. 8 Attachment: 10-15-2019 Work Session - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors October 15, 2019 Work Session The Board entered Closed Session at 5:44 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren a. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: David M. Smitherman) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Projects AF and Uniform Purpose: Discussion of Prospective Business/ Economic Development Update RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification (Staff Contact: J. Vaden Hunt, Esq.) The Board returned to Open Session at 6:14 PM, and the following Certification was recorded: CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on October 15, 2019, 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 (the “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 Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board’s Minutes. Vote Tim R. Barber Yes Elton W. Blackstock Yes Joe B. Davis Yes Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes ADJOURNMENT Mr. Davis adjourned the Meeting at 6:15 PM. 7.a.b Packet Pg. 9 Attachment: 10-15-2019 Work Session - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee October 15, 2019 Business Meeting Pittsylvania County Board of Supervisors Business Meeting October 15, 2019 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on October 15, 2019 in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Joe B. Davis Chairman - Dan River District Present 7:00 PM Charles H. Miller Vice Chairman - Banister District Present 7:00 PM Tim R. Barber Supervisor - Tunstall District Present 7:00 PM Elton W. Blackstock Supervisor - Staunton River District Present 7:00 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 7:00 PM Ronald S. Scearce Supervisor - Westover District Present 7:00 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 7:00 PM AGENDA ITEMS TO BE ADDED APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren a. Minutes: September 17, 2019 Economic Development Committee, Work Session, and Business Meeting (Staff Contact: Kaylyn M. McCluster) b. Victory Academy Building Modification Approval Ratification (Staff Contact: Richard N. Hicks) c. Approval of Revisions to Board's Recognitions Policy (Staff Contact: Kaylyn M. McCluster) 7.a.c Packet Pg. 10 Attachment: 10-15-2019 Business Meeting - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors October 15, 2019 Business Meeting d. Resolution # 2019-10-01 (Drought Disaster Declaration); (Staff Contact: Christopher C. Slemp) e. Approval of Resolutions 2019-10-02 – 2019-10-13 (Fire and Rescue Volunteers with Forty (40) or More Years of Service) (Staff Contact: Christopher C. Slemp) f. Authorization to Advertise for Public Hearing to Remove PCC Chapters 27 and 31 Due to Recent Adoption of PCC Chapter 11 (Staff Contact: Christopher C. Slemp) g. DMV User Agreement (Staff Contact: Christopher C. Slemp) h. Wayside Park Playground Award (Staff Contact: Mark W. Moore) ITEMS REMOVED FROM CONSENT AGENDA PRESENTATIONS a. Recognition of Fire and Rescue Volunteers with Over Forty (40) Years of Service (Staff Contact: Christopher C. Slemp) Christopher C. Slemp recognized Fire and Rescue Volunteers with over forty (40) years of service. b. Census Presentation (Staff Contact: Gregory L, Sides); (Presenter: Valerie A. Warner) Valerie A. Warner, U.S. Census Bureau Partnership Specialist, briefed the Board on general information regarding the upcoming Census. HEARING OF THE CITIZENS Bryan Haskins, Westover District, was present to recognize the current Boy Scouts from Troops 372, 374, and 377. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-19-028 Victoria M. Truitt; Tunstall Election District, RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Contact: Supervisor Barber) Mr. Davis opened the Public Hearing at 7:38 PM. Ms. Truitt was present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:40 PM. Motion to rezone 0.861 of an acre from RC-1, Residential Combined Subdivision District, to A- 1, Agricultural District (to combine with the adjacent farm). 7.a.c Packet Pg. 11 Attachment: 10-15-2019 Business Meeting - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors October 15, 2019 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Case 2: Public Hearing: Rezoning Case R-19-029 Robin Taylor; Callands-Gretna Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Farmer) Mr. Davis opened the Public Hearing at 7:41 PM. Ms. Taylor was present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:42 PM. Motion to rezone 21.41 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for a single-wide mobile home, a cabin, and for agricultural purposes). RESULT: ADOPTED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Case 3: Public Hearing: Rezoning Case R-19-030 Colleen Altice; Chatham-Blairs Election District, R-1, Residential Suburban Subdivision District, to B-2, Business District, General (Contact: Supervisor Warren) Mr. Davis opened the Public Hearing at 7:43 PM. Ms. Altice was present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:44 PM. Motion to rezone 1.65 acres from R-1, Residential Suburban Subdivision District, to B-2, Business District, General (for future commercial development). RESULT: ADOPTED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Case 4: Public Hearing: Rezoning Case R-19-031 Craig and Kristin Worsham; Chatham- Blairs Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Warren) Mr. Davis opened the Public Hearing at 7:45 PM. Kristen Worsham was present to represent the Petition. Claire Worsham signed up to speak but requested to pass. Jeffrey Conner and Marybeth Rogers declined. Mr. Davis closed the Public Hearing at 7:48 PM. Motion to rezone 5.00 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses - horses), with proffers as stated. 7.a.c Packet Pg. 12 Attachment: 10-15-2019 Business Meeting - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors October 15, 2019 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Other Public Hearings 1. Public Hearing: Amendment to PCC § 6-3.1, Local County Tax Exemption (Staff Contact: J. Vaden Hunt, Esq.) At recent Legislative Committee Meetings, County Staff presented proposed revision to Pittsylvania County Code (“PCC”) § 6-3.1, Local County Tax Exemption, for consideration and potential adoption. Said revisions are supported by recent changes to Virginia Code § 58.1- 3505 made by the General Assembly effective July 1, 2019. At the September Business Meeting, the Board unanimously voted to advertise the same for a Public Hearing for potential adoption at the October Business Meeting. Said Public Hearing has been duly advertised in the Chatham Star Tribune. Mr. Davis opened the Public Hearing at 7:53 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:53 PM. Motion to adopt the revisions to PCC § 6-3.1 as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren 2. Public Hearing: Amendment to PCC § 35-122, Commercial Kennel, Veterinary, Animal Hospital; PCC § 35-179 A-1, Special Use Permits; and PCC § 35-347 B-1, Special Use Permits (Staff Contact: Gregory L. Sides) Currently, in the Pittsylvania County Code (“PCC”) § 35-122 Commercial Kennel, Veterinary, Animal Hospital, there are specific setback and housing requirements that do not consider varying site and area characteristics. This may prevent new or expansion projects that cannot meet said requirements. On September 3, 2019, the County’s Planning Commission (“PC”) held a Public Hearing and unanimously voted to remove PCC § 35-122 and add Commercial Kennels, Veterinary and Animal Hospitals as a Special Use Permit (“SUP”) in the following Zoning Districts: A-1, Agricultural District, and B-1, Business District, Limited. Provisions already exist in B-2, Business District, General, M-1, Industrial District, Light Industry, and M-2, Industrial District, Heavy Industry. Mr. Davis opened the Public Hearing at 7:56 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:56 PM. 7.a.c Packet Pg. 13 Attachment: 10-15-2019 Business Meeting - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors October 15, 2019 Business Meeting Motion to amend PCC § 35-122, Commercial Kennel, Veterinary, Animal Hospital, PCC § 35- 179, A-1, Special Use Permits, and PCC § 35-347, B-1, Special Use Permit as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren UNFINISHED BUSINESS NEW BUSINESS a. Award of RFP for Outreach Program and Electronic Monitoring Services for J&D Court (Staff Contact: Kimberly G. Van Der Hyde) The County’s Juvenile & Domestic (“J&D”) Court Services has an Outreach Program that provides supervision and intervention of youth before the Court. The goals of the Outreach and Electronic Monitoring Programs are to reduce the number of new law violations while awaiting trial, reduce the need for secure detention or other out of home placements, and to ensure Court appearances for juveniles in the Program by providing close monitoring, crisis intervention, and referral for services. The County’s Purchasing Department issued a Request for Proposals (“RFP”) for said services. Said RFP was advertised on the County’s website, Virginia Business Opportunity’s website, and the State’s Public Procurement Board. The County received two (2) responses to the related RFP. The County’s Evaluation Committee ranked Youth Connect of Virginia as the top scoring vendor and recommend the award of the contract to the same. Motion to award the contract to Youth Connect of Virginia. RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren APPOINTMENTS MATTERS FROM WORK SESSION (IF ANY) a. Authorization to Begin Design of Future Solid Waste Convenience Centers (Staff Contact: Richard N. Hicks) Mr. Hicks stated the Board had discussion earlier in the Work Session regarding construction of three (3) new convenience centers. Motion to move forward with the items as presented in the Work Session today as explained by Mr. Hicks. 7.a.c Packet Pg. 14 Attachment: 10-15-2019 Business Meeting - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors October 15, 2019 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren BOARD MEMBER REPORTS Mr. Barber stated it was great to see firefighters and boy scouts in the room. Mr. Blackstock stated that Dennis Carter is retiring from WSET and would like to congratulate him on his retirement. Mr. Farmer stated he spoke this past weekend at the Leesville lake association membership banquet, and he thanked Matt Rowe for his presence at meeting. He also stated the Old Timers Jubilee is this coming Saturday in Gretna. He also stated that Stephen Barts, Extension Agent, was in the crowd and thanked him for looking out for the farmers with the drought declaration. Dr. Miller thanked the young men in attendance with the Boy Scouts. Mr. Scearce stated the Riverbend Fire Department fundraiser stew would be held on Saturday. Mr. Warren echoed sentiments for the youth being in attendance and he thanked the Fire and Rescue volunteers for their efforts and time. He reminded everyone to please keep an IDA member, Ronnie Haymore, in prayer due to serious health issues. Mr. Davis thanked Mr. Haymore for his work on the Planning Commission and he also thanked Bryan Haskins and the Boy Scouts for their attendance and Staff for their hard work. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated how far the County has come in twenty-four (24) months. He also stated that the Fire and Rescue Policies and Procedures Committee will be looking at interest citizens to sit on the Commission and the Board will be appointing members to the Commission to help make very important decisions. He attended the Callands Festival and was very thankful to attend. ADJOURNMENT Mr. Davis adjourned the Meeting at 8:10 PM. 7.a.c Packet Pg. 15 Attachment: 10-15-2019 Business Meeting - DRAFT (1821 : Minutes : October 15, 2019 Fire and Rescue Policies and Procedures Committee Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Jail Commissary Services RFP Award (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Connie M. Gibson Agenda Date: November 19, 2019 Item Number: 7.b Attachment(s): Contract Reviewed By: SUMMARY: The County’s Purchasing Department issued a Request for Proposals (“RFP”) for County Jail Commissary Services. The Purchasing Department ran the RFP in the Chatham Star Tribune, posted it on the Virginia Business Opportunity’s website, posted it on the County’s website, and posted it on the County’s Public Bulletin Board. The County received three (3) RFP responses. Each response was evaluated independently by the Evaluation Committee, which determined the top two (2) ranking responses to be from Oasis Commissary and Keefe Commissary. Said firms then were then invited to make presentations to the Evolution Committee, which found Oasis Commissary to be the County’s best choice. FINANCIAL IMPACT AND FUNDING SOURCE: There is no cost to the County on this Contract. The County Jail will make 42% commission on all sales. This commission goes into a fund for inmate needs. RECOMMENDATION: County Staff recommends the Board award the County Jail Commissary Services RFP to Oasis Commissary. MOTION: “I make a Motion to award the County Jail Commissary Services RFP o Oasis Commissary.” 7.b Packet Pg. 16 County of Pittsylvania, VA Contract Number: 20191120 This contract entered into this 20th of November, by Oasis Management Systems, Inc, hereinafter called the “Contractor” and County of Pittsylvania called the “Purchasing Agency.” WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF SERVICES: The Contractor shall provide the services to the County of Pittsylvania as set forth in the RFP 2019-08-07, Commissary Services for Pittsylvania County Jail and proposal received. PERIOD OF PERFORMANCE: PERIOD OF PERFORMANCE: From: 11/20/19 through 11/19/24 with two (2) one- year optional renewals. The contract documents shall consist of and incorporated herein: A. This signed form; B. The following portions of the Request for Proposals: (1) Scope of services, RFP 2019-08-07 (2) Pittsylvania County General Terms and Conditions (3) Pittsylvania County Special Terms and Condition C. The Provider’s Proposal dated 9/10/19 and; D. The negotiated modifications, attachment A IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. CONTRACTOR: PURCHASING AGENCY: By: _________________________________________ By: _______________________________ Title: _________________________________________ Title: _______________________________ Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. 7.b.a Packet Pg. 17 Attachment: Contract (1800 : Jail Commissary Services FRP Award (Staff Contact: Kimberly G. Van Der Hyde)) ATTACHMENT A Amendment OWNER: Pittsylvania County Board of Supervisors CONTRACTOR: Oasis Management Systems, Inc. SERVICES: Commissary Services for Jail DATE: November 20, 2019 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Contractor and Purchasing Agency agree to the negotiated items listed below which shall be incorporated as part of the original Request for Proposals and the Contractor’s response (collectively, the “Contract”): 1. Oasis agrees to provide Pittsylvania County with the Lockdown Software, a deposit kiosk, commissary ordering by inmate telephone, inmate tablets, and an ordering website. 2. Oasis will provide the Cat 6 cabling to be run by the maintenance staff at the facility for the inmate tablets. 3. Oasis will offer a commission rate of 42% of all net sales. 4. County agrees to a five (5)- year contract term with two (2) one (1) year renewals. Both parties have agreed that every November within the initial five (5) year period, negotiations will be allowed for commissary rates, prices on the menu and any other cost within the contract. 5. Terms and Conditions added listed below: a. RIGHT: Oasis is hereby given and granted the exclusive right to operate all commissary services on the premises located in Chatham. Virginia. All profits or losses from the commissary operations will be for Oasis’ account. b. .RELATIONSHIP OF PARTIES. The parties intend that Oasis will be an independent contractor to Client. Nothing herein will be construed to create a partnership or relationship between the parties, and neither will have the authority to bind the other in any respect. c. .DUTIES OF OASIS. (a) Inmate Commissary: Oasis will provide scheduled weekly inmate commissary service to the inmates of the Client. (b) Oasis shall operate from an off-site location. (c) Oasis shall package all orders in sealed clear plastic bags, contain a packing list in two copies, and list inmate balance remaining. (d) Compliance with Laws and Obtaining Licenses. Oasis will comply with all 7.b.a Packet Pg. 18 Attachment: Contract (1800 : Jail Commissary Services FRP Award (Staff Contact: Kimberly G. Van Der Hyde)) applicable ordinances, laws of Virginia, and regulations pertaining to the operations covered by this Agreement and will obtain licenses. (e) Property Insurance. Oasis will maintain insurance policies and client will maintain insurance on its premises, including all Client’s property contained therein; for loss or damage by fire or other casualties. Each party hereby waivers its respective rights of recovery, including subrogation, against the other’s property as a result of fire or other casualties normally covered under standard broad form property insurance. (f) Insurance. Oasis will maintain in force at all times during the term hereof; worker’s compensation insurance and public liability insurance. d. TECHNOLOGY HARDWARE (a) Oasis will continue to support and maintain one (1) Deposit Kiosk for the purpose of depositing funds to individual inmate accounts with a transaction fee not to exceed $3.50 for cash deposits and $3.50 for credit card transactions up to $35.00 and a 10% fee for credit deposits over $35.00. Oasis will be granted the exclusive right to operate the deposit kiosk in the facility lobby. (b) Oasis will continue to support and maintain a Debit Card release solution that will allow client to release inmate funds to a debit card with no transaction cost or card cost to the county. (c) Oasis shall continue to integrate with the current phone provider to allow commissary ordering by inmate telephone. If the facility enables the debit calling feature, the inmate will incur a $1.00 fee to transfer money to their phone account. (d) Oasis shall install and maintain Inmate Tablets for inmate commissary ordering, inmate grievances, inmate handbook posting, secure messaging with fees per message not to exceed $0.50 and other functions, as they become available. The secure messaging feature of the inmate tablets must be enabled throughout the duration of the contract. Oasis will be granted the exclusive right to secure messaging at the facility. (e) Oasis will offer to inmate’s friends and family the opportunity to purchase commissary by web ordering exclusively through Oasis. Oasis will be responsible for the website, payments, web maintenance, packaging and shipment of the commissary order. The Client has the right to cancel this program at any time. e. ACCOUNTING SOFTWARE. Oasis will continue to support and maintain a complete inmate accounting software program. Oasis will provide training on the software installed in the facility without charge. Oasis will integrate with the current jail management system at no cost to the Client. f. TITLE OF SOFTWARE. The Lockdown accounting software and any other improvements are and will remain the property of Oasis. This accounting software shall comply with Generally Accepted Accounting Principles. New software releases shall be provided to Client without charge. Oasis will retain all proprietary rights to software and software will remain the property of Oasis upon termination of this Agreement. Client will not permit its employees or agents to remove or in any way tamper with or change said software. g. REMOVAL OF PROPERTY. Within ninety (90) days after the termination of this Agreement, Oasis will remove its software and property from Client’s premises upon agreement of both parties. 7.b.a Packet Pg. 19 Attachment: Contract (1800 : Jail Commissary Services FRP Award (Staff Contact: Kimberly G. Van Der Hyde)) h. SAFETY STANDARDS. Oasis ensures that all of its employees will maintain proper sanitary practices. Client will be allowed to do background checks in pre- qualifying Oasis employees. i. . RECORDS. Oasis agrees to keep an accurate record of all sales in connection with the operation of the commissary and will permit Client to examine such records during normal business hours upon reasonable notice to Oasis. j. CONTINGENCIES. Neither party will be liable for any nonperformance, in whole or part, of its obligations under this Agreement caused by the occurrence of any contingencies beyond the control of the party such as war, sabotage, riot or other acts of civil disobedience, acts of third parties not within the control of the party, shortages of fuel, failures of power, accidents, fires, explosions, floods, or other acts of God. In the event that any contingency occurs, the party whose performance is affected will have a reasonable time in which to resume performance. k. CHANGE OF SCOPE. In the event the Client adopts a future policy that affects the amount of commissary revenue, such as the facility charging a booking fee, daily rate for being in jail, room and board rate, telephone commissary connection fees or any other process that would debit an inmate’s account over and beyond what is currently in place, Oasis and Client will negotiate new financial arrangements within ten (10) days after written notice to Client. l. INDIGENT PACKAGES. If the Client would like to procure indigent kits from Oasis, Oasis agrees to provide indigent packages to Client at an agreed upon price. This cost will be deducted from Client’s gross commission. Oasis agrees to provide Client with all indigent billing information. m. NEW PRODUCTS, PROGRAMS, PRICING. Oasis shall offer a large selection of items and quality brand-name products. Selection and variety may be adjusted as mutually agreed upon by both parties. Any and all new products and/or specialty programs must be reviewed and approved by Client before being placed on menu or into service. Prices for the commissary items may not be higher than comparable items offered for retail sale in a sampling of drugstores, grocery stores, and convenience stores in the local area. Oasis agrees to maintain prices for the first year of the agreement term. Commencing with the first anniversary date and subsequent anniversaries of the contract, the prices may be increased to reflect the current local market prices with the approval of the client. n. MODIFICATION. No modification of any of the terms and conditions of this Agreement will be effective unless such modification is expressed in writing and signed by both parties. o. NOTICE. Notice means written notice, by certified mail or verified facsimile or personally delivered, to the address as either party may designate for itself by written notice to the other. 7.b.a Packet Pg. 20 Attachment: Contract (1800 : Jail Commissary Services FRP Award (Staff Contact: Kimberly G. Van Der Hyde)) p. FINANCIAL ARRANGEMENTS. (a) Commissions to Client: Oasis will offer commissary once per week and pay a commission rate of 42% of net commissary sales. "Net Sales" is defined as total commissary sales minus any applicable taxes, licenses, postal products, and refunds. If at any point during the contract the secure messaging feature is disabled on the tablets, commission will be reduced to a rate of XX% net sales. (b) Accounting and Reporting. After the end of each week, Oasis will submit a report of Net Sales and an itemization of the Client Commission during the preceding week period. The Client agrees to pay Oasis weekly for all items purchased through the Inmate Commissary. An interest rate of 1 1/2 % will be assessed to all accounts in excess of forty-five days. (c) Offset. Oasis will be entitled to withhold from any amounts due to Client any past due amounts owed to Oasis by Client. (d) Oasis reserves the first right of refusal to match any financial offers proposed to the Client by alternate commissary service providers during the course of this agreement. 7.b.a Packet Pg. 21 Attachment: Contract (1800 : Jail Commissary Services FRP Award (Staff Contact: Kimberly G. Van Der Hyde)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Adams Green Box Site Lease Agreement Approval (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 19, 2019 Item Number: 7.c Attachment(s): Adams Dumpsite Lease Reviewed By: SUMMARY: For years, the County has utilized a vacant parcel beside the Old Java Store as a Green Box Solid Waste Collection Site (the “Site”). Carl Adams (“Mr. Adams”), the Site owner, contacted Supervisor Miller and expressed a concern about the volume of traffic being generated by the site and the potential for loose trash. Mr. Adams had allowed the County to use this site at no charge for the entire time. County Staff recently contacted Mr. Adams and discussed a long- term Lease (the “Lease”) of the Site and a monthly lease fee of $50 per month. This Lease fee was in line with existing Leases for Green Box Sites. Mr. Adams was agreeable to the proposed Lease, a copy of which is attached for your review and consideration. FINANCIAL IMPACT AND FUNDING SOURCE: The Lease’s annual cost would be $600.00 and will be covered in the County’ Solid Waste Budget. RECOMMENDATION: County Staff recommends approval of the attached Lease as presented. MOTION: “I make a Motion to approve the execution of the attached Lease as presented.” 7.c Packet Pg. 22 Page 1 of 5 REAL ESTATE LEASE This Real Estate Lease (“Lease”) is dated December 1, 2019, by and between Carl F. Adams (‘Landlord”), and the Board of Supervisors of Pittsylvania County, Virginia (“Tenant”). The parties agree as follows: 1. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant all that certain tract or parcel of land, with improvements thereon and all appurtenances thereunto pertaining, lying, and being situated in the Blairs Magisterial District in Pittsylvania County, Virginia, more fully described as follows: Parcel # 2476-04-0459, approximately 7.5 total aces, physical address of 2900 Java Road, Java, Virginia 24565, located on State Road 640, containing Lots 7 (partial) and 8-9, more fully detailed in Deed Book 1493, Page 291 and Map Book 16, Page 13 (“Premises”). 2. TERM. The Lease Term (“Term”) will begin on December 1, 2019, and continue indefinitely unless and until terminated in accordance with Lease Paragraph 8. 3. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of $50.00, payable in advance on the first (1st) day of each month, for a total annual lease payment of $600.00. Lease payments shall be made to Landlord at the address contained in Lease Paragraph 15. 4. POSSESSION. Tenant shall be entitled to possession on the first (1st) day of the Least Term and shall yield possession to Landlord on the last day of the Lease Term, unless otherwise agreed by both parties in writing. At the Term’s expiration, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered Tenant, ordinary wear and tear expected. 5. USE OF PREMISES. Tenant may use the Premises only for purposes of solid waste collection, transportation, and removal. The Premises may not be used for any other purpose without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first (1st) day of the extended absence. 6. QUIET ENJOYMENT. Upon the Tenant's payment of the lease payments, and upon the Tenant's observance and performance of all the covenants, terms, and conditions to be observed and performed pursuant to this Lease, the Tenant shall peaceably and quietly hold and enjoy the Leased Premises for the Term(s) hereby demised without hindrance or interruption by Landlord or any other person or 7.c.a Packet Pg. 23 Attachment: Adams Dumpsite Lease (1809 : Adams Green Box Site Lease Agreement Approval (Staff Contact: Richard N. Hicks)) Page 2 of 5 persons lawfully or equitably claiming by, through or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. 7. LIABILITY INSURANCE. Tenant shall maintain of one million dollars ($1,000,000.00) liability insurance coverage on all activities conducted on the Premises. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. 8. RENEWAL TERMS. This Lease shall automatically renew for additional periods of one (1) year renewal terms (“Renewal Term”), unless either party gives written notice of its desire to terminate the Lease no later than ninety (90) days prior to the end of any Renewal Term. The lease terms during any such Renewal Term shall be the same as those contained in this Lease. 9. MAINTENANCE. Tenant shall always maintain the Premises in good repair during the Lease Term. 10. TAXES ON PREMISES. Landlord shall pay all applicable taxes on the Premises during the Lease Term. 11. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within ten (10) days (or any other obligation within ten (10) days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord’s rights to damages. Alternatively, Landlord may elect to cure any default and the cost of such action shall be added to Tenant’s financial obligations under this Lese. Tenant shall pay all costs, damages, and expenses (including reasonable attorney’s fees and expenses) suffered by Landlord by reason of Tenant’s defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether such sums or charges are designated as additional rent. The rights provided by this Paragraph are cumulative in nature and are in addition to any other rights afforded by law. 12. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease (“Holdover Period”), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the normal payment rate set forth in the Lease Paragraph #7. 13. CUMULATIVE RIGHTS. 7.c.a Packet Pg. 24 Attachment: Adams Dumpsite Lease (1809 : Adams Green Box Site Lease Agreement Approval (Staff Contact: Richard N. Hicks)) Page 3 of 5 The rights of the parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law. 14. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by Virginia law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against and any all losses. Claims, liabilities, and expenses, including reasonable attorney’s fee, if any, which Landlord may suffer or incur in connection with Tenant’s possession, use or misuse of the Premises, except Landlord’s acts or negligence. 15. NOTICES. All notices sent or required to be sent under this Lease shall be sent in writing by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth below: Landlord: Carl F. Adams 1880 Stone Road Java, Virginia 24565 Tenant: The Board of Supervisors of Pittsylvania County, Virginia P.O. Box 426 Chatham, Virginia 24531 Such addresses nay be changed from time-to-time by either party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deem received on the third (3rd) day after posting. 16. GOVERNING LAW. The Lease shall be construed in accordance with the laws of the Commonwealth of Virginia. 17. ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understanding, or other agreements, whether oral or written, relating to the Lease’s subject matter. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. 18. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Lease is invalid or unenforceable, but that by limiting 7.c.a Packet Pg. 25 Attachment: Adams Dumpsite Lease (1809 : Adams Green Box Site Lease Agreement Approval (Staff Contact: Richard N. Hicks)) Page 4 of 5 such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 19. COUNTERPARTS. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 20. FORCE MAJEURE. No liability shall result to either party from such party's delay in performance or non- performance under this Lease caused by circumstances beyond such party's control, including, but not limited to, acts of God, war, terrorism, riot, fire, explosion, accident, flood, sabotage, strike, lockout, injunctions, catastrophic breakage, or failure of machinery or apparatus, national defense requirements, or compliance with or change in applicable law. The non-performing party shall be diligent in attempting to remove any such cause and shall promptly notify the other party of the extent and probable duration of such cause. 21. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease. 22. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns. WITNESS the following signatures and seals: [THE REMAINEDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 7.c.a Packet Pg. 26 Attachment: Adams Dumpsite Lease (1809 : Adams Green Box Site Lease Agreement Approval (Staff Contact: Richard N. Hicks)) Page 5 of 5 LANDLORD: ____________________________________________ CARL F. ADAMS Date: _______________ TENANT: THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA By: ____________________________________________ Joe B. Davis, Chairman Date: ________________ APPROVED AS TO FORM: _______________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 7.c.a Packet Pg. 27 Attachment: Adams Dumpsite Lease (1809 : Adams Green Box Site Lease Agreement Approval (Staff Contact: Richard N. Hicks)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Final Jail and Courthouse Assessment Approval (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 19, 2019 Item Number: 7.d Attachment(s): 571552_Pittsylvania Comp Just Assess_2019-10-26 Reviewed By: SUMMARY: The Board contracted with Moseley Architects to prepare a Comprehensive Justice Needs Assessment of the County’s Courts and Jail Facilities (the “Assessment”). The Assessment final draft is attached for your review and consideration. Tony Bell, with Moseley Architects, will present the Assessment at the Board’s Work Session. The next step in the process, after approval of the Assessment, will be to complete a Community Based Corrections Plan Planning Study (the “Planning Study”), which will provide detail as to what the County will construct to meet its jail needs and will consist of floor plans, site plans, narratives, cost estimate, and a staffing plan. FINANCIAL IMPACT AND FUNDING SOURCE: Funds for the completion of the Assessment are included within the existing County Budget. Additional funds for the Planning Study will be requested in the FY 20/21 County Budget. RECOMMENDATION: County Staff recommends the Board to accept and approve the Assessment as presented. MOTION: “I make a Motion to accept and approve the Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities prepared for the County by Moseley Architects and dated October 16, 2019.” 7.d Packet Pg. 28 PITTSYLVANIA COUNTY Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities DRAFT October 16, 2019 7.d.a Packet Pg. 29 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: 7.d.a Packet Pg. 30 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page i CONTENTS Page Executive Summary 1 Experience 2 Purpose and Scope 2 Site Analysis/Characteristics 2 Site Options 4 Conceptual Site Plan 7 Courts Facility 8 Space Needs Analysis 8 Impact of Court Facility Caseload 10 Conceptual Plans/Master Plan 10 Considerations for Option Development and Evaluation 11 Budget Estimates 12 Jail Facility 15 Needs Assessment 15 Site Options 17 Conceptual Plans 20 Budget Estimates 20 Appendices: A Space Allocations at Existing Courts Building 24 B Courts Facility Space Needs Analysis 27 C Court Case Filing Trends 50 D Courts Facility Conceptual Plans 63 E Courts Facility Conceptual Budget Estimates 67 F Jail Facility Needs Assessment 77 G Jail Facility Conceptual Plans 79 H Jail Facility Conceptual Budget Estimates 84 I Community Based Corrections Plan Needs Assessment 86 7.d.a Packet Pg. 31 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: 7.d.a Packet Pg. 32 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 1 bub`rqfsb=prjj^ov= The Pittsylvania County Board of Supervisors (BOS) solicited the services of Moseley Architects, as a consultant to the County, to prepare a Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities, so as to assist the County in planning for the design and construction of new or renovated facilities. Moseley Architects prepared a space needs analysis summarizing space needs for current, 5-, 10-, and 20-year milestones for all courts and functions currently occupying the existing courthouse. It was determined to plan for a New Courts Facility to house all court functions and those directly associated with the courts in this new facility and provide expansion potential to provide growth beyond the 20-year planning horizon. Similarly, Moseley Architects prepared a needs assessment for projected bed space for the County’s jail facility space needs summarizing space identifying strategies for both a full-size facility and a reduced-size facility. Summaries and detailed breakdowns of the respective space analyses are provided in the body of the study. Upon development and approval of building concepts, Moseley Architects prepared preliminary budget estimates based on a four-level New Courts Facility, and on either a one-story or a three- story New Jail Facility. This preliminary information will assist the County with capital project budget planning and development of the Capital Improvements Plan (CIP) for these projects. There are limited County-owned parcels in downtown Chatham, and the County will endeavor to provide as many services as possible in this location. In addition to the New Court and the New Jail Facilities, space would be needed for the following: relocation/renovation of School Board, Commissioner of Revenue, Treasurer, and Planning Department; communications tower relocation; New 911 Center; and New Maintenance facility. Preliminary budget estimates and projected construction dates have also been developed for these projects. The County will consider its options and opportunities for the individual projects’ design, funding, and scheduling/timing in order to select the best implementation plan to move forward. = 7.d.a Packet Pg. 33 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 2 bumbofbk`b== Moseley Architects is a full-service architectural, engineering, planning, and interior design firm that was founded in 1969 and is headquartered in Richmond, Virginia. Over our 50-year history, we have earned a reputation for quality, reliability, and responsiveness among our more than 190 local government clients. Moseley Architects has extensive experience in designing courts and jail facilities, and we understand that these facilities are not “just another building”. Courts and jail facilities have special operational requirements and serve unique and special functions within the community that they serve. Moseley Architects has developed an extensive understanding of these unique requirements through work on more than 125 courthouse planning and design projects resulting in more than 90 constructed courthouse facilities and on more than 240 jail planning and design projects resulting in more than 115 constructed jail facilities, including new, renovation, and expansion projects. We utilized the Virginia Courthouse Facilities Guidelines and the Virginia Board of Corrections Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities, and have relied upon our knowledge and experience with these documents in developing the report. This information should assist Pittsylvania County to make informed decisions about meeting its current and future courts and jail facility space needs. mromlpb=^ka=p`lmb= The space needs analysis was performed to gain an understanding of the amount of additional space that will be required for Pittsylvania County’s Courts and Jail Facilities to eliminate current space deficiencies, to provide for anticipated growth through an approximate twenty-year planning horizon, and to develop the preliminary information necessary to assist with capital project budget planning. The space projections are based on space needs questionnaires and interviews with the individual departments within the County court system, departments housed in the Courthouse, and other stakeholder agencies. A detailed space program was prepared for the New Courts Facility and conceptual building layouts (block and stack diagrams) were prepared to meet those projected space needs. Conceptual building layouts for Jail Facilities based on options selected by the County to meet the projected bed counts determined by the Community Based Corrections Plan Needs Assessment. Cost estimates were prepared based on the conceptual site and building layouts. The conclusions of the analysis are useful as tools for preliminary planning and budgeting. Upon County approval of the conceptual options, more detailed and refined development of the project can proceed as well as definition for future capital Improvement projects. pfqb=^k^ivpfpL`e^o^`qbofpqf`p= Pittsylvania County facilities occupy approximately 6.51 acres of County-owned property in downtown Chatham. The existing Courthouse/Annex/Addition occupies the southwest portion of the site and accommodates the County court system and support agencies, and other County components. The existing Jail is attached to north side of the existing Courthouse Addition, and the Sheriff’s Office occupies the Moses Building to the west. Other County facilities on the site include Planning Department/911 Center facility, Maintenance facility, communications tower, and School Board facilities. The site has a grade change drop of approximately 52 feet from Main Street at the western most edge to the south east corner of the site. Multiple options were developed for New Courts and Jail Facilities during the course of the study, with the goal to provide both facilities within downtown Chatham. Site parcels/features, site options, and a conceptual site plan selected for development are illustrated on the following pages. 7.d.a Packet Pg. 34 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 3 páíÉ=m~êÅÉäë= páíÉ=cÉ~íìêÉë= 7.d.a Packet Pg. 35 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 4 lmqflk=NKN= lmqflk=NKO= 7.d.a Packet Pg. 36 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 5 lmqflk=OKN= = lmqflk=OKO= 7.d.a Packet Pg. 37 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 6 lmqflk=PKN= Multiple options were developed to provide both the New Courts Facility and the new Jail Facility within the downtown Chatham property. However, setback requirements, parking/access requirements, stormwater requirements, and topographic issues prevented both facilities and the required parking from being adequately accommodated on the site. The selected conceptual site plan indicating the New Courts Facility is illustrated on the following page. The Sheriff’s Office would remain in the Moses Building, and the Planning Department and School Board function would relocate to other facilities – possibly the renovated existing courthouse. A new Maintenance facility would be provided. Once construction of the New Courts Facility is completed, the existing Courthouse/Annex/Addition could be renovated to accommodate relocated County components and School Board components. A green space could be provided along Main Street, and the communications tower would be relocated to the southeast corner of the site. The New Courts Facility would be planned for future expansion as needed, and this could include accommodate a 911 Center at the first floor. The grade change allows for the provision of Sheriff’s Office Court Security sallyport and central holding on the lower level of the Courts Facility, with connections to secure access at all floors. Use of the existing jail facility is discussed on Page 14 of this study. 7.d.a Packet Pg. 38 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 7 =`lk`bmqr^i=pfqb=mi^k= =7.d.aPacket Pg. 39Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 8 `lroqp=c^`fifqv= Courts functions included in the analysis are grouped into the following categories:  Circuit Court  Circuit Court Clerk  General District Court  General District Court Clerk  Juvenile and Domestic Relations District Court  Juvenile and Domestic Relations District Court Clerk  Juvenile and Domestic Relations Court Services Unit  Probation and Parole  Sheriff’s Office Court Security  Commonwealth’s Attorney/Victim Witness Services `lroqp=c^`fifqv=pm^`b=kbbap=^k^ivpfp= jÉíÜçÇçäçÖó=Ñçê=bëíáã~íáåÖ=pé~ÅÉ=kÉÉÇë= The consultant team, with the assistance of County staff, reviewed data on current staffing levels and space allocations for each department. 5-, 10-, and 20- year staffing projections were provided by the County. Each departments’ necessary support spaces were also identified, and total space needs for each department were developed in accordance with the Virginia Courthouse Facility Guidelines. For many functions included in the analysis, the space assigned is substantially higher than the current space allocations. This is an indication of significant space deficits for those departments that currently exist. For example, many spaces within the existing Pittsylvania County Courthouse do not meet modern standards for accessibility to persons with disabilities, or the Virginia Courthouse Facility Guidelines. Compliance with standards such as these requires additional space than currently exists. Summaries of the current space allocation for the existing Pittsylvania County Courthouse is attached as Appendix A for reference. eçï=pé~ÅÉ=kÉÉÇë=tÉêÉ=aÉíÉêãáåÉÇ= Court facility space needs cannot be determined solely by analysis of estimated population growth, case filing statistics, and corresponding estimates of staffing levels. To more fully understand the amounts and types of spaces needed now and in the future for each function, the consultant team distributed questionnaires to representatives of the each of the departments housed in the existing Pittsylvania County Courthouse facility. The questionnaires addressed issues that have an impact on the type and amount of space required for the effective daily operation of each function. After reviewing the questionnaire responses, the consultant team individually interviewed representatives of each department in person and toured the space currently allocated to each function. The information thus gathered was considered along with the statistical data and projections previously discussed, and a detailed assessment of anticipated space needs for each function was developed by the consultant team. The resulting tabulation of space needs, detailed in Appendix B, includes not only courtrooms and staff office space but also the various support spaces such as file and equipment space, meeting space, customer service areas, and other spaces 7.d.a Packet Pg. 40 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 9 required to meet anticipated needs through 2038. This analysis confirms that the existing court facilities do not meet the current space needs of many court functions in either quality or quantity, so the space needs analysis addresses not only additional space required for future growth, but also additional space needed immediately to address current deficiencies. These are identified in Appendix B in the “2018 Needs” column. Space Needs Analysis dated November 14, 2018 indicated a need for a New Courts Facility of 87,400 square feet. Only courts functions will be accommodated within the facility. It was determined that the Commissioner of the Revenue, Treasurer, and Magistrate components would be relocated to another County facility such as the renovated existing Courthouse/Annex/Addition. The sizes of each type of space were quantified by applying consistent standards based on the Virginia Courthouse Facility Guidelines and the study team’s experience with numerous court facility planning and design projects. The standards fall within a range that is appropriate for Pittsylvania County based on court facility construction completed in other localities around Virginia in recent years. The space standards that were used are listed at the end of Appendix B. Once the individual size requirements for each space were determined and totaled, an internal circulation factor was applied to account for the space needed for aisles and internal corridors connecting offices, courtrooms, and other spaces. The internal circulation factor selected varies for different functions based on the consultant’s experience with actual space layouts for new court facilities in other localities. Application of this factor yields a departmental net area requirement for each court function. Only by developing detailed space layouts for each function, which is beyond the scope of this study, can the actual departmental net areas required be precisely determined. However, the factors utilized reflect reasonable expectations about space utilization efficiency and provide an appropriate degree of accuracy for this study. Departmental net areas do not include spaces shared by all functions housed in a building, such as public toilet rooms, corridors, mechanical equipment space, electrical rooms, communications rooms, stairs, elevators, walls, and structural elements that are required in every building. When an estimate for the combined area of such spaces is added to the combined departmental net area of all functions, the estimated gross building area is determined. The gross building area is the total area of the entire building and is of course larger than the combined departmental net area. It is the gross building area that is used to estimate building construction costs when a “per square foot” estimating methodology is employed. An estimated building efficiency factor (the ratio of combined departmental net area to gross building area) of 65% was used for this analysis. That figure is based on the consultant team’s experience designing numerous court buildings; however, the actual gross building area needed is dependent on many variables and can only be precisely determined after completion of this study and during more detailed design and planning phases. The table on the first page of Appendix B summarizes the results of the space needs analysis process described above. It indicates estimated staffing and space needs for current, 5-, 10-, and 20- year planning horizons for each departmental category, compared to existing staffing and space occupied. Departmental space figures are expressed in terms of net square feet, which is the amount of space directly occupied by a given department or agency, but not including unassigned or shared building areas such as stairs, common corridors and lobbies, and mechanical equipment space. Total required gross square feet, to include these unassigned or shared spaces is also indicated. The space needs results indicate that additional space will be required for all departments, to enhance security, provide increased accessibility to persons with disabilities, improve circulation, improve privacy for attorney client consultation, provide adequate waiting areas, eliminate current space deficits and to accommodate continued growth over the next twenty years. A detailed breakdown of the analysis results is included in Appendix B. 7.d.a Packet Pg. 41 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 10 fjm^`q=lc=`lroq=c^`fifqv=`^pbil^a= Because the space and staffing needs of the courts are so strongly related to their caseloads, case filing trends in the Pittsylvania County Courts (Circuit, General District, and Juvenile & Domestic Relations) were analyzed to assist in establishing criteria for court space needs projections. Historical case filing statistics for each court from 1992 to 2017 were obtained from the Virginia Supreme Court. Three different trend models were then utilized to develop forecasts of future case filing trends, as follows: iáåÉ~ê=oÉÖêÉëëáçå= This approach uses historical changes in the number of case filings to project a linear case filing trend into the future, based on the assumption that the historical trend will continue into the future. Historical case filing data are the sole criteria for projections of future filings. County population projections are not a factor in this approach, except to the extent that past population changes may have been related to changes in court case load. cáñÉÇ=o~íáç=çÑ=`~ëÉ=cáäáåÖë=íç=mçéìä~íáçå= This model projects future case filings on the assumption that they will maintain a fixed ratio to combined County populations, i.e., that the number of filings per 1,000 population will remain constant over time. Projected filings therefore increase or decrease in proportion to the projected population change. For this study, the ratio used was the average ratio of filings per 1,000 population for the years 1992 through 2017. `Ü~åÖáåÖ=o~íáç=çÑ=`~ëÉ=cáäáåÖë=íç=mçéìä~íáçå== The changing ratio model is a combination of the first two models. A trend in the ratio of filings to population is first projected by linear regression. The projected future ratio for each year is then applied to the projected population for the corresponding year in order to forecast case filings. The results of the case filing analysis are included in Appendix C with the County’s population projection for the next twenty years. Each analysis model is based on different assumptions, and there can be no certainty that any of the three is entirely accurate. The accuracy of any of the models should be assumed to be progressively less reliable for projections farther into the future. Factors such as future changes in court, clerk or law enforcement staffing or priorities, new legislation, and changes in population demographics can have a significant impact on case filing trends. Depending on case filing history, the projections resulting from one or more models can sometimes be unrealistic. For certain case types that have trended down in recent years, some models may project a decline to zero cases at some point in the future, which is an unlikely scenario. Once such issues are identified and taken into account, however, the analysis as a whole is useful as a tool for confirming future space needs. Conclusions drawn from the analysis for each court are also summarized in Appendix C. The findings are used as a confirmation of the space needs determined through the questionnaires and interviews of the space needs assessment process. `lk`bmqr^i=mi^kpLj^pqbo=mi^k= lîÉêîáÉï= After the Space Needs Analysis for the Courts was approved by the County, conceptual block and stack floor plans were developed and are included as Appendix D. Block and stack floor plans illustrate the overall gross area for each department based on the Space Needs and each 7.d.a Packet Pg. 42 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 11 department’s location within the building and its spatial relationship to the other departments and circulation paths for the public, staff, and in-custody detainees throughout the building. The block and stack floor plans illustrate certain critical elements within a single department, such as the judge’s chambers in proximity to the courtrooms, or other major individual spaces; however, each individual office or workstation is not indicated. Detailed floor plans that illustrate the layout of every individual room and space within each department will be developed in future stages of design. aÉîÉäçéãÉåí=çÑ=`çåÅÉéíì~ä=aÉëáÖå=léíáçåë= The conceptual design for the New Courts Facility is provided in Appendix D in the form of conceptual block and stack floor plans. The conceptual block and stack floor plans indicate the areas of departments for each floor of the building that are required in order to meet the space needs assessment’s twenty-year planning horizon. Major individual spaces are indicated on the floor plans such as courtrooms and public and staff corridors, but each individual office or workstation is not indicated. These individual offices and workstation would be planned and indicated in future floor plan development. The floor plans locate those functions requiring the most citizen traffic – the Circuit Court Clerk and the General District Court and Clerk – on the first floor. The second floor houses the Juvenile & Domestic Relations Court and Clerk, the Juvenile & Domestic Relations Court Services Unit, and the Commonwealth’s Attorney’s Office. The third floor houses those functions having the least amount of citizen traffic by volume - the Circuit Court. The lower level accommodates Sheriff’s Office court security functions consisting of a vehicle sallyport, central holding, and secure access to holding areas on all upper floors. Preliminary massing images will be developed to indicate the major building forms and scale proposed for the New Courts Facility. Further refinement of the design will include preliminary conceptual exterior images to indicate fenestration, doors, materials, and other major building features to be developed. Freestanding columns at an entry portico and brick detailing will make reference to the existing Circuit Courthouse. These features, along with the use of brick, cast stone, standing seam metal roofing, and trim materials will be indicative of traditional Virginia courthouse design. The downtown Chatham property will accommodate the New Courts Facility, existing Moses Building, renovated Courthouse/Annex/Addition to accommodate relocated County and School Board components, and the relocated communications tower. The New Courts facility is designed and sited to accommodate a future expansion, which could house a 911 Center at the first floor. `lkpfabo^qflkp=clo=lmqflk=absbilmjbkq=^ka=bs^irqflk= hÉó=`êáíÉêá~= The following was developed in consultation with the County and the Pittsylvania County Courts facility stakeholders as key criteria that a courthouse that will serve Pittsylvania County for the next 20 plus years must include: 1. Provide adequate space for current and future (twenty-year minimum) space needs. 2. Enhance security with only one public entry into the courthouse to include a Sheriff’s Office security screening area for visitors. 3. Be fully accessible to persons with disabilities (ADA compliant) 7.d.a Packet Pg. 43 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 12 4. Maintain separation of internal circulation (provide separate circulation routes for the public, staff (judges), and in custody defendant) in accordance with VCFG 5. Allow adequate circulation and courtroom waiting space to maintain separation between adversarial parties. 6. Provide a strategy for future expansion for meeting space needs beyond 20 years. 7. Adhere to Virginia Courthouse Facility Guidelines to the greatest extent feasible. 8. Accommodate adequate on-site parking with separate public and staff parking areas; and provide secure enclosed parking for judges and Constitutional officers. 9. Have convenient and efficient site access. pÉé~ê~íÉ=`áêÅìä~íáçå=oçìíÉë= A fundamental element of modern courthouse design is the incorporation of three separate and distinct circulation routes that separate judges and authorized staff, the public, and in-custody defendants. For security reasons, these circulation routes should never cross until each reaches the various courtrooms within the building. This required separation cannot be achieved in a single- story courthouse that has multiple courtrooms. The detainee circulation path must be a continuously secure route from transport vehicle or connection to the existing jail to the courtroom holding areas. cáêÉ=mêçíÉÅíáçå= The Virginia Uniform Statewide Building Code limits the maximum allowable area and height based on a combination of the Use and Occupancy Classification, and the type of construction. The Code allows increases in building area and height based on certain features such as having an open perimeter around the building and for being fully sprinkled with a fire suppression system. The Pittsylvania County Courthouse will likely continue to include the following three primary functions: A-3 Assembly (courtrooms), B-Business (judge’s and clerks’ office areas), and I-3 Institutional (holding areas). Based on the programmed size of this building, and because there are multiple Use Classifications, for the purposes of this study it has been assumed that all options will need to be fully sprinkled to comply with the height and area limitations of the Building Code. Having a fully sprinkled building provides several additional benefits regarding Code compliance such as increasing the allowable egress travel distances, and avoiding the need to provide Fire Barriers, or Fire Walls between the different Occupancy Classifications which would add to the construction costs. _radbq=bpqfj^qbp== Preliminary budget estimates including construction costs were prepared based on the conceptual design. The estimates are not quantitative, as the design documents required for that level of estimate are beyond the scope of this study. The estimates are intended to serve as a tool for preliminary capital budget planning. They will need to be reviewed and updated as more detailed planning and design is undertaken. Estimated capital costs include allowances for building construction, site construction where applicable, and non-construction project costs such as furnishings, design services, and budget contingencies. No land acquisition costs are included. Construction costs allowances were developed on a per-square-foot basis utilizing the consultant team’s experience with similar types of facilities. 7.d.a Packet Pg. 44 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 13 The summary on the following page summarizes estimated capital costs to provide for the projected 2038 space needs of the Courts and its support functions. Budget estimates for other facility improvements associated with the New Court Facility are included in Appendix E. The New Jail Facility that is included is based on a new facility located on a greenfield site outside of Chatham. Refer to the next section of the report beginning on page 15 for other options that were investigated. The construction costs included in Appendix E have been escalated to the anticipated midpoint of construction, based on a notice to proceed with design in the 1st quarter of 2020 and with construction midpoint by the 3rd quarter 2021. These can be adjusted accordingly based on the County’s anticipated start date for each project. The SUMMARY OF PROJECTED BUILDING TOTAL PROJECT BUDGET document indicates a plan for one option of aligning the individual projects to a Capital Improvement Plan (CIP) funding schedule. This can be adjusted and modified based on the County’s priorities, goals, and funding opportunities. 7.d.a Packet Pg. 45 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 14 mfqqpvis^kf^=`lrkqv=`lroqp mobifjfk^ov=_radbq=bpqfj^qb g~åì~êó=NMI=OMNV kÉï=`çìêíë=c~Åáäáíó `lkpqor`qflk=`lpqp Åçëí=éÉê kÉï=`çìêíë=c~Åáäáíó UTIQMM pc=] APVUKOR APQIUMTINMN páíÉïçêâ=~ääçï~åÅÉ SKNU ~ÅêÉë ARSUIVOV APIRNRIVUQ m~êâáåÖ=ÅçåëíêìÅíáçå=~ääçï~åÅÉ=fåÅäìÇÉÇ=~ÄçîÉ `çåëíêìÅíáçå=`çëí=pìÄíçí~ä APUIPOPIMUR lqebo=`lpqp cìêåáíìêÉ=~ääçï~åÅÉ==EAORLpc=Ñçê=åÉï=ÄìáäÇáåÖ=çåäóF AOINVMIMMM dÉçíÉÅÜåáÅ~ä=ëíìÇó APRIMMM _çìåÇ~êó=~åÇ=íçéçÖê~éÜáÅ=ëìêîÉó AQRIMMM qÉëíáåÖ=~åÇ=áåëéÉÅíáçåë==ENB=çÑ=ÅçåëíêìÅíáçå=ÅçëíF APUQIMMM ^êÅÜLbåÖLcìêåáíìêÉ=ÇÉëáÖå=ëÉêîáÅÉë=EUB=çÑ=ÅçåëíêìÅíáçå=Åçëí=C=ÑìêåáíìêÉ=~ääçï~åÅÉF APIOQNIMMM `çããáëëáçåáåÖ=ëÉêîáÅÉë ARMIMMM a~í~LqÉäÉéÜçåÉ=~ääçï~åÅÉ==EOB=çÑ=ÄìáäÇáåÖ=ÅçåëíêìÅíáçå=ÅçëíF ASVTIMMM jçîáåÖ=ÉñéÉåëÉë=~ääçï~åÅÉ AOMIMMM i~åÇ=~Åèìáëáíáçå åçí=êÉèìáêÉÇ ^êÅÜ~ÉçäçÖó åçí=áåÅäìÇÉÇ mÉêãáííáåÖ=~åÇ=ìíáäáíó=ÅçååÉÅíáçå=ÑÉÉ=~ääçï~åÅÉ ANMMIMMM lÑÑëáíÉ=salq=êç~Ç=áãéêçîÉãÉåíë==~ääçï~åÅÉ ANMMIMMM lÑÑëáíÉ=ìíáäáíó=áãéêçîÉãÉåíë==åçí=áåÅäìÇÉÇ iÉÖ~ä=ÉñéÉåëÉë åçí=áåÅäìÇÉÇ cáå~åÅáåÖ=ÉñéÉåëÉë åçí=áåÅäìÇÉÇ líÜÉê=`çëíë=pìÄíçí~ä=ASIUSOIMMM mêçàÉÅí=`çëí=pìÄíçí~ä AQRINURIMUR oÉÅçããÉåÇÉÇ=mêçàÉÅí=_ìÇÖÉí=`çåíáåÖÉåÅó=ENMBF AQIROMIMMM qlq^i AQVITMRIMUR qÜáë=Éëíáã~íÉ=áë=Ñçê=g~åì~êó=OMOQ=Ççää~êë=~åÇ=áë=áåíÉåÇÉÇ=Ñçê=éêÉäáãáå~êó=ÄìÇÖÉíáåÖ=éìêéçëÉë=çåäóK= jçëÉäÉó=^êÅÜáíÉÅíë=Ü~ë=åç=Åçåíêçä=çîÉê=íÜÉ=Åçëí=çÑ=ä~Äçê=~åÇ=ã~íÉêá~äë=çê=çíÜÉê=ÅçåëíêìÅíáçå=ã~êâÉí= ÅçåÇáíáçåë=~åÇ=Å~ååçí=Öì~ê~åíÉÉ=íÜÉ=~ÅÅìê~Åó=çÑ=íÜáë=çê=~åó=çíÜÉê=ÅçåëíêìÅíáçå=Åçëí=Éëíáã~íÉK=^åó= ~ÇÇáíáçå~ä=éêçàÉÅí=Åçëíë=~åíáÅáé~íÉÇ=Äó=máííëóäî~åá~=`çìåíó=ëÜçìäÇ=ÄÉ=~ÇÇÉÇ=íç=íÜÉ=íçí~ä=~ãçìåí= áåÇáÅ~íÉÇK 7.d.a Packet Pg. 46 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 15 g^fi=c^`fifqv= Jail functions included in the analysis are grouped into the following categories:  Administration  Community Custody  Control  Food Service / Laundry  General Housing  Intake / Booking  Magistrate / Visitation  Medical Services  Public / Lobby  Recreation  Secure Cell Housing  Vehicle Sallyport g^fi=c^`fifqv=kbbap=^ppbppjbkq= jÉíÜçÇçäçÖó=Ñçê=bëíáã~íáåÖ=fåã~íÉ=mçéìä~íáçå== The Pittsylvania County Jail, a three-story brick structure, is located in downtown Chatham adjacent to the Courthouse and the Sheriff’s Administrative Offices. Construction of the jail was completed in 1981. The structure consists of between 20,324 square feet (SF) and the rated capacity as set by the Virginia Board of Corrections is 36 inmates. The jail is supervised and operated by the Pittsylvania County Sheriff’s Office, and the Sheriff’s Office is responsible for safety and security of the facility similar to that of the Courthouse.  The Jail is operating with an average daily population that far exceeds its design capacity. As such, practically every area of the Jail is crowded, congested, and deficiencies are noted in virtually all areas referenced in the Virginia Standards for local correctional facilities.  At the time that the study was initiated, the percentage of crowding in the Jail, as measured by the number of inmates for whom the Jail is responsible and the rated capacity of the Jail as established by the Virginia Department of Corrections (VDOC), the jail system was operating over 400% capacity (including inmates housed in other jails due to crowding) – one of the most crowded jails in the Commonwealth.  The existing jail facility contains insufficient space to accommodate the number of persons incarcerated in jail today. The Jail is experiencing overcrowding that is expected to increase in the future. Pittsylvania County requires additional jail space due to inmate overcrowding. Currently, the Jail has a maximum rated capacity from the Virginia Department of Corrections of 36 inmates. The average daily inmate population (ADP) housed at the Jail for January, 2018 was 110. When the inmate population exceeds 100, the Sheriff’s Office coordinates with the County Administrator to transfer inmates to the Blue Ridge Regional Jail. That number has been an average of 50 inmates per day for January, 2018. Total average daily responsible population for the Jail for January 2018 was 160. 7.d.a Packet Pg. 47 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 16 Moseley Architects has prepared a Community Based Corrections Plan (CBCP) Needs Assessment for the Pittsylvania County Jail in compliance with the Virginia Board of Corrections Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities dated July 1994. The planning, design and reimbursement process for local and regional jail construction is governed by state statutes and regulations. The Commonwealth of Virginia will reimburse up to twenty-five percent (25%) of the approved cost of construction for expansion of a local or regional jail. The development of a CBCP Needs Assessment is the first step in the process for requesting State reimbursement for the new construction or jail expansion. The CBCP is also required by any locality seeking to expand the capacity of its jail, regardless of whether or not State reimbursement is being requested. The planning forecast projected a need for an operating capacity of 160 general population beds, an additional 12 community custody beds, and 18 special purpose beds in the New Jail Facility, for a total of 190 beds. The New Jail Facility is expected to have a mix of minimum, medium, and maximum security housing, with the potential for community custody housing and medical services as needed. Once complete, the current jail facility can be demolished to provide for a more-efficient use of the County property. The required number of general population beds, the security mix, temporary holding spaces, special purpose cells, visiting spaces, multipurpose and recreational space, and food service area for a given general population capacity are detailed in the Virginia BOC Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities - Part V. A breakdown of the beds analysis is included in Appendix F. The Space Needs Analysis presented to the County on November 28, 2018 indicated a need for a New Jail Facility of 80,000 square feet with an operating capacity of 190 beds based on the CBCP. Of that total, 67,500 square feet is for housing, support, and program space, and 12,500 square feet is for recreation yards. Multiple options were developed for the New Jail Facility to be located either on-site in downtown Chatham or off-site at a County location outside of Chatham. Conceptual options illustrated on the following pages indicate a one-story facility on-site, a three- story facility on-site, and a one-story facility off-site. The off-site facility would need an approximately 15 to 20 acres site for setbacks, security, and parking requirements. The efficiency and operations of a jail facility is improved as a one-story facility, as there is no need for accessing different levels for control and transporting. However, the one-story configuration requires more land area than a three-story configuration. 7.d.a Packet Pg. 48 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 17 = lkbJpqlovI=NVM=_bapI=lkJpfqb=il`^qflk=J=`e^qe^j= = = = qeobbJpqlovI=NVM=_bapI=lkJpfqb=il`^qflk=J=`e^qe^j= 7.d.a Packet Pg. 49 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 18 lkbJpqlovI=NVM=_bapI=lccJpfqb=il`^qflk=Ó=lrqpfab=`e^qe^j= = = 7.d.a Packet Pg. 50 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 19 Current operations indicate an average daily inmate population of 110 at the existing jail and a average daily inmate population of 50 at the Blue Ridge Regional Jail (BRRJ), for a total of 160 beds. Beds at BRRJ are rented as needed, with the current contract that is in place. Further discussion determined that Moseley Architects develop an option that housed 100 inmates at the Blue Ridge Regional Jail, and the remaining 60 inmates at a smaller New Jail Facility in Pittsylvania County for those awaiting trial, on local work release, or having other needs benefitting the inmate and the County in stay in Pittsylvania County as opposed to requiring transport costs to send to Blue Ridge Regional Jail. The updated Space Needs Analysis presented to the County on May 2, 2019 indicated a need for a New Jail Facility of 35,216 square feet with an operating capacity of 45 secure housing (minimum, medium, and maximum security) beds and 15 community custody beds (constructed to minimum security standards) in the New Jail Facility, for a total of 60 general population beds. Of that total, 30,943 square feet is for housing, support, and program space and 4,273 square feet is for recreation yards. The option shown below is for a New Jail Facility to be located off-site at a County location outside of Chatham. The conceptual option illustrated below indicates a one- story facility off-site that would require a site of approximately 5 acres to accommodate constructed facilities, setbacks, security, and parking requirements. = lkbJpqlovI=SM=_bapI=lccJpfqb=il`^qflk=Ó=lrqpfab=`e^qe^j= = 7.d.a Packet Pg. 51 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 20 `lk`bmqr^i=mi^kp= lîÉêîáÉï= After the various Space Needs Analyses were reviewed and approved by the County, conceptual block and stack floor plans were developed and are included as Appendix G. Block and stack floor plans illustrate the overall gross area for each department based on the Space Needs and each departments location within the building and its spatial relationship to the other departments and circulation paths for the public, staff, and in-custody detainees throughout the building. The floor plans illustrate certain critical elements within a single department or other major individual spaces. Detailed floor plans illustrating the layout of every individual room and space within each department will be developed in future stages of design. aÉîÉäçéãÉåí=çÑ=`çåÅÉéíì~ä=aÉëáÖå=léíáçåë= Conceptual design for the New Jail Facility is provided in Appendix G in the form of conceptual floor plans. The conceptual floor plans indicate the areas of departments for each floor of the building that are required to meet the space needs assessment’s twenty-year planning horizon. Major individual spaces are indicated on the floor plans such as general housing, intake/booking, public and staff areas, but each individual office or work area is not indicated. These individual areas would be planned and indicated in future floor plan development. The floor plans locate those functions requiring the most visitor interaction near the building entry, as well as community custody areas. General housing dayrooms are provided with separate recreation yards, and modularity of dayroom configuration will allow for population mix by gender and level of security. Floor plans are illustrated for one-story and three-story190-bed facilities, and for a one-story 60-bed jail facility. The County will identify possible sites for development of the one-story 60-bed facility. Preliminary massing images will be developed to indicate the major building forms and scale proposed for the New Jail Facility. Further refinement of the design will include preliminary conceptual exterior images to indicate materials and other building features to be developed. _radbq=bpqfj^qbp== Preliminary budget estimates including construction costs were prepared based on the conceptual design. The estimate is not quantitative, as the design documents required for that level of estimate are beyond the scope of this study. The budget estimate is intended to serve as a tool for preliminary capital budget planning. It will need to be reviewed and updated as more detailed planning and design is undertaken. Estimated capital costs include allowances for building construction, site construction where applicable, and non-construction project costs such as furnishings, design services, and budget contingencies. No land acquisition costs are included. Construction costs allowances were developed on a per-square-foot basis utilizing the consultant team’s experience with similar types of facilities. The summaries on the following pages summarize estimated capital costs to provide for the projected 2038 space needs of the 190-bed and 60-bed configurations for the Jail and its support functions. The construction costs that follow were based on May 2019 construction cost and would need to be escalated to the anticipated midpoint of construction when determined. Based on a notice to proceed with design in the 1st quarter of 2020 and with construction midpoint by the 3rd quarter 2021. Four options were reviewed and compared with regard to initial capital cost and 7.d.a Packet Pg. 52 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 21 operating cost over 30 years. The results of that analysis are indicated in Appendix H including preliminary budget estimates for 1) New 190-bed County Jail Facility on a site in Chatham (would preclude constructing a new Courts Facility on same site unless a structured parking desk were constructed), 2) New 190-Bed County Jail Facility County Jail on a site within the County outside Chatham, 3) New 60-bed Pittsylvania County Jail on site within the County outside of Chatham and continue renting Blue Ridge Regional Jail beds, and 4) New 60-bed Pittsylvania County Jail on site within the County outside of Chatham and join the Blue Ridge Regional Jail. The option of joining the Blue Ridge Regional Jail versus continuing to rent beds prevents the Blue Ridge Regional Jail from closing its doors to the County due to lack of space due to bed needs required by its members. 7.d.a Packet Pg. 53 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 22 7.d.a Packet Pg. 54 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities October 16, 2019 Page 23 7.d.a Packet Pg. 55 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=^=====pm^`b=^iil`^qflk=^q=bufpqfkd=`lroqp=_rfiafkd=October 16, 2019 Page 24 ==cfopq=cillo=7.d.aPacket Pg. 56Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=^=====pm^`b=^iil`^qflk=^q=bufpqfkd=`lroqp=_rfiafkd=October 16, 2019 Page 25 = pb`lka=cillo=7.d.aPacket Pg. 57Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=^=====pm^`b=^iil`^qflk=^q=bufpqfkd=`lroqp=_rfiafkd=October 16, 2019 Page 26 ==== qefoa=cillo=7.d.aPacket Pg. 58Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREMENTS2018SUMMARYNEEDS**PAGENET SQ FT (NSF) PERS NSF PERS NSF PERS NSF PERS NSF NET SQ FT (NSF) GROSS SQ FT (GSF)COURTS CIRCUIT COURT286,594 3 8,688 3 8,688 6 14,466 6 14,466 +7872 +12111CIRCUIT COURT CLERK295,936 12 7,241 13 7,559 14 7,933 16 8,374 +2438 +3751COMMONWEALTH'S ATTORNEY322,112 11 3,487 11 3,420 14 3,892 15 4,095 +1983 +3051COURTS - SHARED321,000 2,172 2,172 2,172 2,172 +1172 +1804GENERAL DISTRICT COURT335,280 1 5,589 1 5,589 1 5,589 1 5,589 +309 +476GENERAL DISTRICT COURT CLERK 342,880 6 2,812 6 2,812 6 2,812 6 2,812 -68 -105J & DR COURT 353,744 2 7,578 2 7,578 2 7,578 2 7,578 +3834 +5899J & DR COURT CLERK362,016 7 2,426 8 2,403 8 2,363 9 2,408 +392 +604J&DR CSU 371,960 8 2,429 9 2,591 9 2,591 10 2,769 +809 +1245PROBATION AND PAROLE39126 2 743 2 743 2 743 2 743 +617 +949SHERIFF - COURT SECURITY42100***10 4,887 10 4,887 10 5,805 10 5,805 +5705 +8777TOTAL PERSONNEL / NSF31,748 62 48,051 65 48,441 72 55,942 77 56,810 25,062 38,562CURRENT / REQUIRED GROSS SQ FT48,843 73,925 74,524 86,065 87,400Required gross square footage calculation above is determined using an efficiency of 65%. COUNTY ADMINISTRATION COMMISSIONER OF THE REVENUE 302,648 11 4,221 11 4,254 12 4,459 14 4,680 +2032 +3127TREASURER432,772 10 4,568 10 4,568 10 4,568 11 4,720 +1948 +2997TOTAL PERSONNEL / NSF5,420 21 8,790 21 8,822 22 9,027 25 9,400 3,980 6,124CURRENT / REQUIRED GROSS SQ FT7,743 12,557 12,603 12,896 13,429Required gross square footage calculation above is determined using an efficiency of 70%. 911 CENTER 911 CENTER442,349 7 3,190 10 3,642 12 3,933 14 4,216 +1867 +2873TOTAL PERSONNEL / NSF2,349 7 3,190 10 3,642 12 3,933 14 4,216 1,867 2,873CURRENT / REQUIRED GROSS SQ FTN/A N/A N/A N/AMAGISTRATE MAGISTRATE382,000 2 1,002 2 1,002 3 1,164 3 1,164 -836 -1287TOTAL PERSONNEL / NSF2,000 2 1,002 2 1,002 3 1,164 3 1,164 -836 -1,287CURRENT / REQUIRED GROSS SQ FTN/A N/A N/A N/ASHERIFF'S OFFICE (NOT COURT SECURITY)SHERIFF - ADMIN/LAW ENFORCE/CIVIL 40N/A 73 4,081 73 4,081 78 4,115 88 4,655 Does not include all needsSHERIFF - CORRECTIONS41N/A 48 2,345 48 2,345 48 2,345 48 2,345 Does not include all needsTOTAL PERSONNEL / NSF121 6,426 121 6,426 126 6,460 136 7,000CURRENT / REQUIRED GROSS SQ FTN/A N/A N/A N/ANEEDS& PERSONNEL** CURRENT SPACE AND PERSONNEL indicates the amount of NSF (net square feet) currently occupied by a department with its current staff. The current staffing level indicated is the number of personnel currently staffing the department which needs to be housed in its space. It does not account for any current staffing deficiencies or excesses. *** SHERIFF - COURT SECURITY current area does not include any of existing jail space which currently fulfills these space requirements.** CURRENT NEEDS NSF indicates the amount of NSF (net square feet) required to meet the needs of the current staff based on appropriate space standards. The difference between CURRENT NEEDS NSF and CURRENT SPACE NSF is the deficiency or excess of space for the current staff.ADDITIONAL SQUARE FOOTAGE NEEDED BY 20382023 2028 2038CURRENT SPACENEEDS NEEDSOctober 16, 2019Page 277.d.aPacket Pg. 59Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FTCIRCUIT COURTPERSONNEL SPACEJudgepo8350 1 350 1 350 2 700 2 700Includes private toilet, closet and conference space in office; lcoated near rear of suiteAdministrative judicial assistant po4175 1 175 1 175 2 350 2 350Includes 2 guest chairs (judge's waiting), copier, fax, L-shaped workstation, scanner, lateral file cabinet, wall mounted monitor for CCTV security camera; located between suite entry and judge's chamberCircuit court reporterpo1100 1 100 1 100 2 200 2 200Includes 25 SF of storage for court recordingsSUPPORT SPACESheriff's Office head bailiff office po2120 1 120 1 120 2 240 2 240Refer to Sheriff's Office - court security; located near the suite entryCourtroom waiting - seat 20vis20400 1 400 1 400 2 800 2 800Jury courtroom - seat 75crj752400 1 2,400 1 2,400 2 4,800 2 4,800Require improved HVAC; improved recording equipment; relocated witness stand; relocated jury box; video presentation for spectators during court cases Courtroom entry vestibulecrv70 1 70 1 70 2 140 2 140Witness room - seat 6cnf6150 2 300 2 300 4 600 4 600Open off the courtroom with access to toilet room without entering courtroom; Like Henry CountyWitness room - toilet roomstlt150 1 50 1 50 2 100 2 100One for every pair of two witness roomsAttorney conference room - seat 6 cnf6150 2 300 2 300 4 600 4 600Open off vestibule or lobby/court waitingStorage - electronicsst125 1 25 1 25 1 25 1 25 Judge's conference room - seat 8 cnf8175 1 175 1 175 1 175 1 175Shared with Circuit Court Clerk; LexisNexis video conferencing connected to jailLaw libraryn/a50 1 50 1 50 1 50 1 50Open off the lobbyJury assembly room - seat 80tr81200 1 1,200 1 1,200 1 1,200 1 1,200On same floor as courtroomToilet room for jury assemblytoil2120 2 240 2 240 2 240 2 240Jury deliberation roomjur2450 1 450 1 450 2 900 2 900Includes M&F restrooms, coffee niche and coat closetPrisoner holding cell - vestibule vest120 1 120 1 120 1 120 1 120Secured gun lockersPrisoner holding cell - seat 5hc5120 2 240 2 240 2 240 2 240Prisoner holding cell - seat 2hc270 2 140 2 140 2 140 2 140Attorney - prisoner interview booth int1100 1 100 1 100 2 200 2 200Breakroom - seat 4kit4160 1 160 1 160 1 160 1 160Seat 4, refrig, counter with sink, microwave, coffee, office supply storageToilet room for staff/visitorstlt150 1 50 1 50 1 50 1 50Copiercpy525125125125125TOTAL PERSONNEL3 3 6 6SUBTOTAL SPACE REQUIRED7,240 7,240 12,055 12,055INTERNAL CIRCULATION FACTOR20%1,4481,4482,4112,411Need improved heating and cooling controlTOTAL DEPARTMENT NET SPACE REQ'D8,688 8,688 14,466 14,466Secured access control2038NEEDS2018NEEDS2023NEEDS2028NEEDSOctober 16, 2019Page 287.d.aPacket Pg. 60Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSCIRCUIT COURT CLERKPERSONNEL SPACECircuit Court Clerkpo6250 1 250 1 250 1 250 1 250 Deputy clerk (Probate)po2120 1 120 1 120 1 120 1 120 Deputy clerkws364 9 576 10 640 11 704 13 832located behind front counter but in view of records roomDeputy clerk (part-time)ws364 1 64 1 64 1 64 1 64SUPPORT SPACEVisitor waiting - seat 6vis6120 1 120 1 120 1 120 1 120Public counter shared workstations ws136 4 144 4 144 4 144 4 144Walk-upCustomer service countercs636 4 144 4 144 4 144 4 144One unit for each public counter workstationCustomer public info terminal - general cs315 7 105 7 105 8 120 9 135Records roomn/an/a 1 2890 1 3040 1 3200 1 3360Existing is 30'x44' and 42'x44' less HD files and Clerk's Office; added 5% for current needs and 5% per milestoneFiles - high density n/an/a1 400 1 440 1 500 1 5508'x10', 6'x24', 8'x14', plus 10% growth per period Files - archive st6200 1 200 1 200 1 200 1 200currently off-site plus basementDeed room st35100 1 100 1 100 1 100 1 100Could be combined with records roomServer roomst380 1 80 1 80 1 80 1 80 Storage - office suppliesst380 1 80 1 80 1 80 1 80 Evidence room st380 1 80 1 80 1 80 1 80 Conference room - seat 8cnf8175Shared with Circuit Court; refer to Circuit CourtImaging workstationwss25 1 25 1 25 1 25 1 25 Plat scannerscn225 1 25 1 25 1 25 1 25Plat scanner workstationws15 1 15 1 15 1 15 1 15Copiercpy525 3 75 3 75 3 75 3 75At Records Room, front counter, clerk's officeShredderpsh15 1 15 1 15 1 15 1 15Faxfax115 1 15 1 15 1 15 1 15Staff Toilettlt150 2 100 2 100 2 100 2 100StaffBreakroom - seat 4kit4160 1 160 1 160 1 160 1 160Seat 4, refrig, counter with sink, microwave, coffee Coat closetclos110110110110110TOTAL PERSONNEL12 13 14 16SUBTOTAL SPACE REQUIRED5,793 6,047 6,346 6,699INTERNAL CIRCULATION FACTOR25%1,4481,5121,5871,675TOTAL DEPARTMENT NET SPACE REQ'D7,241 7,559 7,933 8,374October 16, 2019Page 297.d.aPacket Pg. 61Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSCOMMISSIONER OF THE REVENUE PERSONNEL SPACECommissioner of the Revenue po6250 1 250 1 250 1 250 1 250Conference table in officeChief Deputy Commissioner of the Revenue po3150 1 150 1 150 1 150 1 150u-shaped desk, two guest chairs, 2-drawer file cabinet, 2 bookshelvesDeputy Commissioner of the Revenue ws364 6 384 6 384 7 448 8 512Deputy Commissioner of the Revenue ws480 1 80 1 80 1 80 1 80"Transfer"; permanent workstation at front counter, glass separation from public at least to 6'-0" above floor with deal trays Land use clerkws364 1 64 1 64 1 64 2 128Business compliance officerpo2120 1 120 1 120 1 120 1 120One guest chair, lockable file drawersSUPPORT SPACEVisitor waiting - seat 5vis5100 1 100 1 100 1 100 1 100 Conference room - seat 12cnf12260 1 260 1 260 1 260 1 260Can be sharedPublic customer service counter - 12' long cs1272 1 72 1 72 1 72 1 728' for the transfer Dep Comm of Rev and 4' for walk up workstationCustomer service counter - citizen side cs636 2 72 2 72 2 72 2 72To serve the public counter workstationsCustomer public information terminal cs315 2 30 2 30 2 30 2 30Real estate assessor/scanning workstation ws3641 64 1 64Dual purpose workstationMail workstationws364 1 64 1 64 1 64 1 64Postage machine, letter openerFiles - Activewall415 7 105 7 105 7 105 7 105Currently rotating files in work areaFiles - Activelat12 53 636 53 636 53 636 53 636Currently 10 lateral and 43 vertical cabinets; in shared workroomFiles - active - real estate books wall312 6 72 7 84 8 96 10 120In shared workroomFiles - active - land books wall312 7 84 7 84 7 84 7 84In shared workroomFiles - Inactivelat1213 156 14 168 15 180 16 192In shared workroomStorage - map station cs848 1 48 1 48 1 48 1 48With storage below; in shared workroomStorage - office suppliesst380 1 80 1 80 1 80 1 80 Shredderpsh15 1 15 1 15 1 15 1 15Copiercpy525 3 75 3 75 3 75 3 75Breakroom - seat 6kit6200 1 200 1 200 1 200 1 200Full refrigerator, sink, microwave, coffee maker, seat 6Coat closetclos110110110110110TOTAL PERSONNEL11 11 12 14SUBTOTAL SPACE REQUIRED3,127 3,151 3,303 3,467Need to be close to Circuit Court Clerk for map researchINTERNAL CIRCULATION FACTOR35%1,0941,1031,1561,213Need additional electrical recepticalNeed improved heating and cooling controlTOTAL DEPARTMENT NET SPACE REQ'D4,221 4,254 4,459 4,680Need designated staff parkingOctober 16, 2019Page 307.d.aPacket Pg. 62Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSCOMMONWEALTH'S ATTORNEY PERSONNEL SPACECommonwealth's attorneypo6250 1 250 1 250 1 250 1 250Conference table in officeDeputy commonwealth's attorney po3150 1 150 1 150 1 150 1 150u-shaped desk, and two guest chairsAssistant commonwealth's attorney po3150 4 600 4 600 5 750 6 900u-shaped desk, and two guest chairsAdministrative assistantpo1100 3 300 3 300 4 400 4 400With VCIN workstation; one serves as receptionist with securable window to waiting areaParalegalpo11001 100 1 100Victim/witness staff - full-timepo2120 1 120 1 120 2 240 2 240Victim/witness staff - part-timepo2120 1 120 1 120SUPPORT SPACEVisitor waiting - seat 4vis480 1 80 1 80 1 80 1 80With door and window that is viewed by receptionistConference room - seat 8cnf8175 1 175 1 175 1 175 1 175Files - Activewall415 9 135 9 135 9 135 9 135Currently 6 rotating and 2 open shelf units and 2 lateralsFiles - Inactivewall415 7 105 7 105 7 105 7 105Currently 6 rotating and 2 open shelf unitsFiles - InactiveApproximately 100 boxes located off siteStorage - demonstrative evidence st250 1 50 1 50 1 50 1 50 Storage - office suppliescab115 1 15 1 15 1 15 1 15 Worktablewrk125 1 25 1 25 1 25 1 25Located in workroomMail machinepm15 1 15 1 15 1 15 1 15Located in workroomShredderpsh15 1 15 1 15 1 15 1 15Located in workroomScannerscn118 1 18 1 18 1 18 1 18Connected to Electronic case management systemServer/workstation electronic case management wss25 1 25 1 25 1 25 1 25 Copiercpy525 2 50 2 50 2 50 2 50One in workroom, one next to conference roomFaxfax115 1 15 1 15 1 15 1 15Located in workroomStaff toilet room tlt150 2 100 1 50 1 50 1 50Breakroomkit160 1 60 1 60 1 60 1 60Full refrigerator, sink, microwave, coffee maker, no seatingCoat closetclos110110110110110Witness/atty conf room cnf6 150 1 150 1 150 1 150 1 150Located on the floor of the building not occupied by the Commonwealth's Attorney's suiteTOTAL PERSONNEL11 11 14 15Dedicated, secured parking is not requiredSUBTOTAL SPACE REQUIRED2,583 2,533 2,883 3,033Segregated staff parking is desiredINTERNAL CIRCULATION FACTOR35%9048871,0091,062Prefer to remain in courthouseTOTAL DEPARTMENT NET SPACE REQ'D+1105:137 3,487 3,420 3,892 4,095Need secondary entrance to exteriorOctober 16, 2019Page 317.d.aPacket Pg. 63Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSCOURTS - SHAREDSUPPORT SPACESafe roomcnf6150 3 450 3 450 3 450 3 450One per floor; bullet resistant door and wallsIT room - MTR (main telecommunications equipment room)200 1 200 1 200 1 200 1 200IT room - TSCR (telecommunication and security controls room)60 1 60 1 60 1 60 1 60IT room - TR (telecommunications equipment rooms)150 2 300 2 300 2 300 2 300Electrical room 200 1 200 1 200 1 200 1 200Mechanical room 600 1 600 1 600 1 600 1 600Parking for constituional officers, judges, staff, and jurorsTo be determined on quantity and configurationTOTAL PERSONNEL SUBTOTAL SPACE REQUIRED1,810 1,810 1,810 1,810INTERNAL CIRCULATION FACTOR20%362362362362TOTAL DEPARTMENT NET SPACE REQ'D2,172 2,172 2,172 2,172October 16, 2019Page 327.d.aPacket Pg. 64Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSGENERAL DISTRICT COURTPERSONNEL SPACEJudgepo8350 1 350 1 350 1 350 1 350Includes private toilet, closet and conference space in officeSUPPORT SPACECourtroom waiting - seat 20vis20400 1 400 1 400 1 400 1 400Courtroom entry vestibulecrv70 1 70 1 70 1 70 1 70Non-jury courtroom - seat 175 cr1752600 1 2,600 1 2,600 1 2,600 1 2,600Also doubles as Board of Supervisors Meeting Room; need video presentation for spectatorsWitness/attorney conference room - seat 6 cnf6150 4 600 4 600 4 600 4 600Two off courtroom vestibule; two off courtroomFine and cost corridor fcor200 1 200 1 200 1 200 1 200 Clerks' cashier stationws136Refer to General District Clerk's spacePrisoner holding cell - vestibule vest120 1 120 1 120 1 120 1 120Secured gun lockersPrisoner holding cell - seat 6hc6140 3 420 3 420 3 420 3 4203, larger capacity requested by Sheriff's OfficeAttorney - prisoner interview booth int11001100110011001100TOTAL PERSONNEL1 1 1 1SUBTOTAL SPACE REQUIRED4,860 4,860 4,860 4,860INTERNAL CIRCULATION FACTOR15%729729729729TOTAL DEPARTMENT NET SPACE REQ'D5,589 5,589 5,589 5,589October 16, 2019Page 337.d.aPacket Pg. 65Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSGENERAL DISTRICT COURT CLERKPERSONNEL SPACEClerkpo4175 1 175 1 175 1 175 1 175Conference space in office; Clerk currently also serves Franklin CountyDeputy clerksws364 4 256 4 256 4 256 4 256Clerk - part-time - wage employee ws248 1 48 1 48 1 48 1 48 SUPPORT SPACEVisitor waiting - seat 3vis360 1 60 1 60 1 60 1 60UnsecuredVisitor waiting - seat 3vis360 1 60 1 60 1 60 1 60Secured within clerk's areaLaw enforcement waiting - seat 6 vis6120 1 120 1 120 1 120 1 120Secured within clerk's areaPublic counter shared workstation ws136 3 108 3 108 3 108 3 108All three walk up, one serve fine corridorCustomer service countercs636 3 108 3 108 3 108 3 108One unit for each public counter workstationCustomer public info terminalws15 1 15 1 15 1 15 1 15 Typewriter workstationws15 1 15 1 15 1 15 1 15Conference room - seat 10cnf10200 1 200 1 200 1 200 1 200Shared with CourtStorage - office suppliesst380 1 80 1 80 1 80 1 80 Computer serverws15 1 15 1 15 1 15 1 15Mailboxes for lawyersws15 1 15 1 15 1 15 1 15Files - pending docketsbin16 3 18 3 18 3 18 3 18Records roomExisting space is 420 and includes the below as indicatedFiles - activelat12 6 72 6 72 6 72 6 72In records roomFiles - activewall312 9 108 9 108 9 108 9 108In records roomFiles - activewall415 9 135 9 135 9 135 9 135Rotating; in records roomStorage - paperst125 1 25 1 25 1 25 1 25 Postage machinepm15 1 15 1 15 1 15 1 15 Worktablewrk125 2 50 2 50 2 50 2 50 Copier/printercpy525 1 25 1 25 1 25 1 251 in records roomCopier/printercpy525 4 100 4 100 4 100 4 1001 in open office, 1 front counter (1 in clerk's office and 1 in courtroom not counted)Staff Toilettlt150 1 50 1 50 1 50 1 50Breakroom - seat 6 kit6200 1 200 1 200 1 200 1 200Seat 6, refrig, counter with sink, microwave, coffee Coat closetclos110110110110110TOTAL PERSONNEL6 6 6 6SUBTOTAL SPACE REQUIRED2,083 2,083 2,083 2,083INTERNAL CIRCULATION FACTOR35%729729729729TOTAL DEPARTMENT NET SPACE REQ'D2,812 2,812 2,812 2,812October 16, 2019Page 347.d.aPacket Pg. 66Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSJUVENILE AND DOMESTIC RELATIONS COURTPERSONNEL SPACEJudgepo75325 2 650 2 650 2 650 2 650Includes private toilet, closet and conference space in office; video connection to conference roomSUPPORT SPACECourtroom waiting - seat 35vis35700 2 1,400 2 1,400 2 1,400 2 1,400Provide separate segregated waiting areas ; with good visibility for bailiff; one room with door and window similar to existingCourtroom entry vestibulecrv70 2 140 2 140 2 140 2 140Non-jury courtroom - seat 30cr31250 2 2,500 2 2,500 2 2,500 2 2,500Would prefer 7' long clerk workstation at bench with copierWitness/attorney conference room - seat 6 cnf6150 4 600 4 600 4 600 4 600Two per courtroomConference room - seat 4cnf4100 1 100 1 100 1 100 1 100Video testimony roomFine and cost corridor fcor200 1 200 1 200 1 200 1 200Preferred, but not required, one proposedStorage - evidence and electronics st125 1 25 1 25 1 25 1 25 Prisoner holding cell - vestibule vest120 1 120 1 120 1 120 1 120Secured gun lockersPrisoner holding cell - seat 5hc5120 2 240 2 240 2 240 2 240Prisoner holding cell - seat 2hc270 2 140 2 140 2 140 2 140Attorney - prisoner interview booth int11002200220022002200TOTAL PERSONNEL2 2 2 2SUBTOTAL SPACE REQUIRED6,315 6,315 6,315 6,315Seven courtroom days every third week of the monthINTERNAL CIRCULATION FACTOR20%1,2631,2631,2631,263Six courtroom days all other weeksTOTAL DEPARTMENT NET SPACE REQ'D7,578 7,578 7,578 7,578October 16, 2019Page 357.d.aPacket Pg. 67Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSJUVENILE AND DOMESTIC RELATIONS COURT CLERKPERSONNEL SPACEClerkpo4175 1 175 1 175 1 175 1 175Existing office size sufficient (160 SF)Chief deputy clerkpo2120 1 120 1 120 1 120 1 120Deputy clerksws364 3 192 4 256 4 256 5 320Clerk - part-time - wage employee ws364 1 64 1 64 1 64 1 64CASApo2120 1 120 1 120 1 120 1 120With direct access ot lobbySUPPORT SPACEVisitor waiting - seat 4vis480 1 80 1 80 1 80 1 80Public counter shared workstation ws136 3 108 3 108 3 108 3 108All three walk up, one serve fine corridor; two cashierCustomer service countercs636 3 108 2 72 2 72 2 72To serve the public counter workstationsCustomer public info terminalws15 1 15 1 15 1 15 1 15 Computer serverws15 1 15 1 15 1 15 1 15Mailboxes for lawyersws15 1 15 1 15 1 15 1 1532 mailboxesFiles - pending on 15' long workcounter cs1590 1 90 1 90 1 90 1 904 buckets for dockets; mail; postage machine; behind service counterFiles - activewall415 19 285 16 240 14 210 12 180Rotating filesSafefls10 1 10 1 10 1 10 1 10Rotating filesStorage - office supplies, paper, and financials st380 1 80 1 80 1 80 1 80 Copier/printercpy525 2 50 2 50 2 50 2 50One at front counter; one near clerksStaff Toilettlt150 2 100 2 100 2 100 2 100Shared with CSUBreakroom - seat 4kit4160 1 160 1 160 1 160 1 160Seat 4, refrig, counter with sink, microwave, coffee; could be combined with CSUCoat closetclos110110110110110House Bill 1310 effective July 1, 2018 TOTAL PERSONNEL7 8 8 9can destoy case files after three years once case endedSUBTOTAL SPACE REQUIRED1,797 1,780 1,750 1,784and scanned; after 10 years for new; INTERNAL CIRCULATION FACTOR35%629623613624after 50 years for criminal cases TOTAL DEPARTMENT NET SPACE REQ'D2,426 2,403 2,363 2,408Access control to the suiteOctober 16, 2019Page 367.d.aPacket Pg. 68Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSJ&DR COURT SERVICES UNITPERSONNEL SPACESupervisorpo4175 1 175 1 175 1 175 1 175Can be combined with conf room below Intake officerpo3150 1 150 1 150 1 150 1 150Probation officerpo2120 4 480 5 600 5 600 6 720Two guest chairs per officeAdministrative staffws248 2 96 2 96 2 96 2 96At front public counterSUPPORT SPACEVisitor waiting - seat 10vis10200 1 200 1 200 1 200 1 200Customer service countercs636 2 72 2 72 2 72 2 72One unit for each public counter wkstation, one accessibleDrop box 5 1 5 1 5 1 5 1 5Mailbox for dropping fiels securelyFileslat12 4 48 4 48 4 48 5 60Storage - office supplies, miscst125 1 25 1 25 1 25 1 25 Conference room - seat 8cnf8175 1 175 1 175 1 175 1 175Files - activelat12 4 48 4 48 4 48 4 48Currently 2 laterals, 2 open shelf units; in workroomFiles - activewall415 3 45 3 45 3 45 3 45Rotating files; in workroomCustomer toiletn/a70 1 70 1 70 1 70 1 70Used for drug screeningStaff toilettlt150Shared with J&DR Court ClerkCopiercpy525 1 25 1 25 1 25 1 25In workroomShredderpsh15 1 15 1 15 1 15 1 15In workroomBreakroom - seat 4kit4160 1 160 1 160 1 160 1 160Seat 4, refrig, counter with sink, microwave, coffee ; Courl be combined with J&DR Court ClerkCoat closetclos110110110110110TOTAL PERSONNEL8 9 9 10SUBTOTAL SPACE REQUIRED1,799 1,919 1,919 2,051INTERNAL CIRCULATION FACTOR35%630672672718Connected to J&DR Clerk's officeTOTAL DEPARTMENT NET SPACE REQ'D2,429 2,591 2,591 2,769Requested outside door to suiteOctober 16, 2019Page 377.d.aPacket Pg. 69Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSMAGISTRATEPERSONNEL SPACEChief magistratepo4175 1 175 1 175 1 175 1 175Video connection to Pittsylvania and Franklin County JailsMagistratepo2120 1 120 1 120 2 240 2 240Video connection to Pittsylvania and Franklin County JailsSUPPORT SPACEVisitor waiting - seat 3vis360 1 60 1 60 1 60 1 60Public counter windowcs636 2 72 2 72 2 72 2 72With bulet proof glass; one to waiting and one to jail/holding if adjacentConference room - seat 8cnf8175 1 175 1 175 1 175 1 175Could be shared; currently use File storagevert10 3 30 3 30 3 30 3 30Staff toilettlt150Shared with courtsCopiercpy525 1 25 1 25 1 25 1 25Faxfax115 3 45 3 45 3 45 3 45Coffee nichecof130 1 30 1 30 1 30 1 30Small refrig, counter with sink, microwave, coffee Coat closetclos110110110110110TOTAL PERSONNEL2 2 3 3SUBTOTAL SPACE REQUIRED742 742 862 862INTERNAL CIRCULATION FACTOR35%260260302302TOTAL DEPARTMENT NET SPACE REQ'D1,002 1,002 1,164 1,164On generator, 24/7 function; secured, monitored accessOctober 16, 2019Page 387.d.aPacket Pg. 70Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSPROBATION AND PAROLEPERSONNEL SPACEProbation and parole officerpo2120 2 240 2 240 2 240 2 240SUPPORT SPACEVisitor waiting - seat 3vis6120 1 120 1 120 1 120 1 120Interview room - seat 6cnf6150 1 150 1 150 1 150 1 150 Coffee nichecof130 1 30 1 30 1 30 1 30Small refrig, counter with sink, microwave, coffee Coat closetclos110110110110110TOTAL PERSONNEL2 2 2 2SUBTOTAL SPACE REQUIRED550 550 550 550INTERNAL CIRCULATION FACTOR35%193193193193TOTAL DEPARTMENT NET SPACE REQ'D743 743 743 743On generator, 24/7 function; secured, monitored accessOctober 16, 2019Page 397.d.aPacket Pg. 71Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSSHERIFF - ADMIN/LAW ENFORCEMENT/CIVIL PROCESS - staff to remain located in Moses BuildingPERSONNEL SPACESheriffpo6250 1 250 1 250 1 250 1 250Majorpo3150 2 300 2 300 2 300 3 450Admin and OperationsCaptainpo2120 3 360 3 360 3 360 4 480Record Prop Evid, Civil Process, Admin/JailLieutenantws480 3 240 3 240 3 240 4 320In shared office; Spec Ops, IA, Crimes Against ChildrenFirst sergeantws364 1 64 1 64 1 64 1 64In shared officeSergeantws248 4 192 4 192 4 192 4 192In shared officeCorporalws136 4 144 4 144 4 144 4 144In shared officeDeputy39 39 44 51No dedicated workspaceNon-sworn staffws248 16 768 16 768 16 768 16 768 SUPPORT SPACEBreakroomkit4160 1 160 1 160 1 160 1 160Seat 10, refrig, counter sink, microwave, coffee Conference room - seat 12cnf12260 1 260 1 260 1 260 1 260White board, encrypted internet, conf telephoneReport taking room Need undetermined, not included in study, required to support to Court Security and Corrections divisionsReport writing roomNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsFitness roomNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsToilet-shower roomsNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsRoll call roomNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsFingerprint laboratoryNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsEvidence StorageNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsFitness roomNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsToilet-shower roomsNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsEmergency operations centerNeed undetermined, not included in study, required to support to Court Security and Corrections divisionsLockerslkr1557285572856231072360One locker for each sworn staff memberTOTAL PERSONNEL73 73 78 88ONLY the Court Security and Corrections divisions were included in the study; the Administrative, General Investigations, Cyber-crimes, Civil process, and Property and Evidence divisions were only included to identify components required by Court Security and Corrections divisions that would be housed in Administrative or other divisionsSUBTOTAL SPACE REQUIRED3,023 3,023 3,048 3,448INTERNAL CIRCULATION FACTOR35%1,0581,0581,0671,207TOTAL DEPARTMENT NET SPACE REQ'D4,081 4,081 4,115 4,655Sheriff's office requires generator powerOctober 16, 2019Page 407.d.aPacket Pg. 72Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSSHERIFF - CORRECTIONSPERSONNEL SPACEFirst SergeantRefer to Sheriff Court SecuritySergeantws248 4 192 4 192 4 192 4 192Corporalws136 4 144 4 144 4 144 4 144Deputy40 40 40 40No dedicated workspaceSUPPORT SPACELockerslkr15 48 240 48 240 48 240 48 240One locker for each deputyPublic entry security officepo1100 1 100 1 100 1 100 1 100With gun lockerBreakroomkit6200 1 200 1 200 1 200 1 200Seat 6, refrig, counter sink, microwave, coffee Sallyportn/a1000 1 1,000 1 1,000 1 1,000 1 1,00020'x50'; capable of housing bus from Green Rock Correctional CenterTOTAL PERSONNEL48 48 48 48SUBTOTAL SPACE REQUIRED1,876 1,876 1,876 1,876INTERNAL CIRCULATION FACTOR25%469469469469TOTAL DEPARTMENT NET SPACE REQ'D2,345 2,345 2,345 2,345October 16, 2019Page 417.d.aPacket Pg. 73Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSSHERIFF - COURT SECURITYPERSONNEL SPACEFirst sergeant1 1 1 1Refer to Circuit Court for workspaceDeputy9 9 9 9No dedicated work space required; currently 2 at main Court checkpoint, 1 at Circuit Court checkpoint, 2 in each of three courtroomsSUPPORT SPACECourt security shared officews136 6 216 6 216 6 216 6 216Shared workstations, one file drawer for each deputyBreakroomkit2120 1 120 1 120 1 120 1 120Law enforcement waiting room cnf10200 1 200 1 200 1 200 1 200Conference roomcnf10200Share with Clerks or use Law Enforcement Waiting Room Visitor waiting - court security checkpoint - waiting 15 vis15300 1 300 1 300 1 300 1 300Gun lockers for citizensbk112 1 12 1 12 1 12 1 12For securing guns or items prohibited in courthouseLockerslkr15 10 50 10 50 10 50 10 50One locker for each deputyPublic entry security officews248 1 48 1 48 1 48 1 48With gun lockerPublic entry security officepo1100 1 100 1 100 1 100 1 100With gun lockerPublic entry security stationn/a120 1 120 1 120 1 120 1 120Two magnetometers, one x-ray machine, CCTV and access control monitors; bullet resistant enclosureCourthouse information deskws364 1 64 1 64 1 64 1 64Indicate power and data in securable cabinets. No BR materials at the desk. Central prisoner holding area~Holding cell - seat 1 or 2hc270 4 280 4 280 4 280 4 280~Holding cell - seat 6hc6140 2 280 2 280 4 560 4 560~Holding cell - seat 10hc10200 2 400 2 400 4 800 4 800~Holding cell sallyportsn/a50 2 100 2 100 2 100 2 100For cells seating 10~Holding area vestibulen/a300 1 300 1 300 1 300 1 300Secured gun lockers~Holding area sallyportn/a50 2 100 2 100 2 100 2 100For connection to unsecured portion of courthouse and to vehicle sallyport~Security control roomcnt1250 1 250 1 250 1 250 1 250CCTV and access control monitors; with toilet room~Security equipment roomst380 1 80 1 80 1 80 1 80For CCTV, access control head end equipment~Vehicle sallyportsal1600 1 600 1 600 1 600 1 60015'x40'; two vans nose to tail; door tall enough for Ambulance - 14' clearFire provisions - stack identification and operational plan TOTAL PERSONNEL10 10 10 10Can we housed make ot trea;until we make ti back.SUBTOTAL SPACE REQUIRED3,620 3,620 4,300 4,300Indicate Electronic docketing to indicate courtroom B and BINTERNAL CIRCULATION FACTOR35%1,2671,2671,5051,505TOTAL DEPARTMENT NET SPACE REQ'D4,887 4,887 5,805 5,805October 16, 2019Page 427.d.aPacket Pg. 74Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT2038NEEDS2018NEEDS2023NEEDS2028NEEDSTREASURERPERSONNEL SPACETreasurerpo6250 1 250 1 250 1 250 1 250Conference space in officeChief deputy treasurerpo3150 1 150 1 150 1 150 1 150View to front public counterDeputy treasurerpo2120 3 360 3 360 3 360 3 360Directly adjacent to front public counter areaDeputy treasurerws364 5 320 5 320 5 320 6 384Permanent workstation at front public counter, some high and some low (one low for ADA), glass separation from public with deal trays; would prefer to sit on regular chair on the eye level with ramp up to the counterSUPPORT SPACEWaiting area - for 12vis12240 1 240 1 240 1 240 1 240Shared front counter workstations ws364 2 128 2 128 2 128 2 128Walk-up (high) and accessible workstations(one low) at public counter; one high and one low workstationCustomer service countercs848 7 336 7 336 7 336 8 384One for each workstation including shared front counter workstations and deputy treasurersCustomer public information terminal cs315 2 30 2 30 2 30 2 30Temporary workstations ws15 2 30 2 30 2 30 2 30Shared workstations for temporary seasonal staffConference room - seat 10cnf10200 1 200 1 200 1 200 1 200Can be sharedVault room st35100 1 100 1 100 1 100 1 100Secured storage, cash counting workstation, card reader on entry door, safe, metal cabinet for storage, CCTV Security head end equipment (six months video storage)Mail/check roomwrk11120 1 120 1 120 1 120 1 120Letter opening machine, postal meter machine, check/bill scanning equipmentCopier/printing roomwrk11120 1 120 1 120 1 120 1 120Copier and work counter Storage - office suppliesst380 1 80 1 80 1 80 1 80Printerprn215 1 15 1 15 1 15 1 15Behind front counterShredderpsh15 1 15 1 15 1 15 1 15Files - activelat12 30 360 30 360 30 360 30 360Current divided between 4 lats, 21 verts, and 4 open shelfFiles - inactive320 1 320 1 320 1 320 1 32016'x20' room; remote storage is accetable.Breakroom - seat 6 kit6200 1 200 1 200 1 200 1 200Full refrig, counter with sink, microwave, coffee, seat 6Coat closetclos110110110110110Indicate security checkpoint; indicate drive through windowTOTAL PERSONNEL10 10 10 11Would prefer to be across hall from CommissionerSUBTOTAL SPACE REQUIRED3,384 3,384 3,384 3,496Would prefer to be not adjacent to CommissionerINTERNAL CIRCULATION FACTOR35%1,1841,1841,1841,224Controlled access to suite via acccess contol cardNeeds more accessible parkingTOTAL DEPARTMENT NET SPACE REQ'D4,568 4,568 4,568 4,720Prefers to be in Courthouse, close to bankOctober 16, 2019Page 437.d.aPacket Pg. 75Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS SPACE REQUIREDREMARKSSPACE SQ FTDESCRIPTIONCODE EACH QTY SQ FT QTY SQ FT QTY SQ FT QTY SQ FT911 CENTERPERSONNEL SPACEDirectorpo4175 1 175 1 175 1 175 1 175Supervisorpo2120 1 120 2 240 2 240 2 240Shared officeDispatchern/an/a 5 7 9 11 Refer to support space belowSUPPORT SPACE0Supervisor workstationws5100 1 100 1 100 1 100 1 100Also used as training consoleDispatcher workstationws5100 5 500 7 700 9 900 11 1,100NSF reflects one workstation per staffLockerslkr15 7 35 10 50 12 60 14 70One locker per dispatcher and staffStorage - shift storage for comm officers lkr15 2 10 2 10 3 15 3 1512"x12"x12" cubby for each dispatcher during shiftCustomer service counter cs636 1 36 1 36 1 36 1 36For after hours visitor assistanceFiles - Activelat12 2 24 2 24 2 24 2 24Adjacent to supervisor workspaceFiles - Inactivelat12 4 48 4 48 4 48 4 48Adjacent to supervisor workspaceEOC~Conference room - seat 16 cnf16300 1 300 1 300 1 300 1 300~Kitchenkit2120 1 120 1 120 1 120 1 120~Showersn/a60 2 120 2 120 2 120 2 120~Toiletsn/a100 2 200 2 200 2 200 2 200~Storagest4120 1 120 1 120 1 120 1 120Communications equipment room n/a375 1 375 1 375 1 375 1 375Radio and telephone equipmentCopiercpy525 1 25 1 25 1 25 1 25 Faxfax115 1 15 1 15 1 15 1 15Coffee nichecof130 1 30 1 30 1 30 1 30Coat closetclos110110110110110TOTAL PERSONNEL7 10 12 14SUBTOTAL SPACE REQUIRED2,363 2,698 2,913 3,123INTERNAL CIRCULATION FACTOR35%8279441,0201,093TOTAL DEPARTMENT NET SPACE REQ'D3,190 3,642 3,933 4,2162018 2023 2028 2038NEEDS NEEDS NEEDS NEEDSOctober 16, 2019Page 447.d.aPacket Pg. 76Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS - LEGEND Space Code Description SF COURTROOMS cr2 Non-jury, 20 spectators 1100 cr3 Non-jury, 30 spectators 1250 cr4 Non-jury, 40 spectators 1400 cr10 Non-jury, 100 spectators 2200 cr12 Non-jury, 120 spectators 2300 cr14 Non-jury, 140 spectators 2400 cr175 Non-jury, 175 spectators 2600 crj5 Jury, 50 spectators 2200 crj75 Jury, 75 spectators 2400 crj10 Jury, 100 spectators 2600 crv Courtroom entry vestibule 70 fcor Fine and cost payment corridor 200 CONFERENCE ROOMS cnf4 Conference room for 4 100 cnf6 Conference room for 6 150 cnf8 Conference room for 8 175 cnf10 Conference room for 10 200 cnf12 Conference room for 12 260 cnf14 Conference room for 14 280 cnf16 Conference room for 16 300 cnf20 Conference room for 20 350 cnf24 Conference room for 24 375 PRISONER HOLDING FACILITIES hc2 Holding cell, 1 or 2 prisoners 70 hc5 Holding cell, 5 prisoners 120 hc6 Holding cell, 6 prisoners 140 hc10 Holding cell, 10 prisoners 200 vest Holding cell control vestibule at courtroom(s) 120 cnt1 Security control room 250 int1 Attorney - prisoner interview booth 100 sal1 Vehicle sallyport - 1 van 600 EQUIPMENT cpy5 Standard copier 25 cpy10 Large copier 50 atm1 ATM machine 35 fax1 Fax machine 15 blu1 Blueline machine 25 las1 laser plotter 55 ink1 Inkjet plotter 30 drl1 Drill press 25 scn1 "B" size scanner 18 scn2 "E" size scanner 25 prn1 Desktop printer 10 prn2 Floor printer 15 crt1 Rolling cart 10 tel1 Wall telephone unit 6 pct Paper cutter 20 psh Paper shredder 15 pm Postage meter 15 rcy Recycle Bin 6 October 16, 2019 Page 45 7.d.a Packet Pg. 77 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS - LEGEND Space Code Description SF fls Floor safe 10 mcr1 Microfilm reader 25 mcr2 Microfiche reader 15 FILES lat Lateral file 12 vert Vertical file 10 dwg Drawing flat file 32 rolv Vertical rolled drawing file 15 hng Hanging drawing files 15 plat Plat storage cabinet 10 wall3 Side tab wall unit 36" wide 12 wall4 Side tab wall unit 48" wide; rotating unit 3'-0" wide 15 JURY ROOM jur1 Jury Deliberation Rm, seat 12 400 Includes M&F toilets, coffee niche jur2 Jury Deliberation Rm, seat 16 450 Includes M&F toilets, coffee niche LOCKERS lkr1 metal 12"wx18"dx6'h 5 lkr2 18"wx18"dx6'h 8 lkr3 24"wx24"dx6'h 10 lkr4 custom 24"x48"x6'20 chg1 Changing area 5'x5'25 PRIVATE OFFICES po1 Private Office 100 po2 Private Office 120 po3 Private Office 150 po4 Private Office 175 po5 Private Office 200 po6 Private Office 250 po7 Private Office 300 po75 Private Office 325 po8 Private Office 350 SERVICE COUNTERS cs3 Customer public info term. 15 cs5 Customer public info term. 25 cs6 Customer counter 6' long 36 cs8 Customer counter 8' long 48 cs10 Customer counter 10' long 60 cs12 Customer counter 12' long 72 cs15 Customer counter 15' long 90 cs20 Customer counter 20' long 120 ctr1 Single public counter workstation 50 October 16, 2019 Page 46 7.d.a Packet Pg. 78 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS - LEGEND Space Code Description SF STAFF FACILITIES toil1 Single toilet 50 toil2 Toilet 2 WC's, 2 Lav's 120 toil3 staff toilet 2 showers, 2 wc's, 2 lav's 240 shw1 Single shower 35 smk1 Smoking area 80 cof1 Coffee niche 30 kit1 Small kitchenette 60 kit2 Kitchen/breakroom 120 Seat 2, refrig, counter sink, microwave, coffee kit4 Kitchen/breakroom 160 Seat 4, refrig, counter sink, microwave, coffee kit6 Kitchen/breakroom 200 Seat 6, refrig, counter sink, microwave, coffee kit8 Kitchen/breakroom 260 Seat 8, refrig, counter sink, microwave, coffee kit10 Kitchen/breakroom 320 Seat 10, refrig, counter sink, microwave, coffee cot1 Coat rack 20 STORAGE ROOMS/CLOSETS st1 Storage room 25 st2 Storage room 50 st3 Storage room 80 st35 Storage room 100 st4 Storage room 120 st5 Storage room 160 st6 Storage room 200 st7 Storage room 250 st8 Storage room 300 st9 Storage room 400 clos1 Small closet 10 STORAGE UNITS cub1 Wall cubicles 5'x5'x18" 25 rck1 Wall rack for dwgs 4'x24" 20 rck2 Wall rack for dwgs 12'x30" 60 rck3 Wall rack for dwgs 15'x30" 82 rck4 Wall rack for forms 5' long 15 bin1 Floor bins 24"x36"6 bk1 Bookshelf unit 3' wide 12 car1 Carrel 3' wide 15 car2 Absentee Voting Booth 50 cab1 Metal storage cabinet 15 shv4 Metal storage shelving 4'x24" 20 TOILETS tlt1 single toilet 50 tlt2 public toilet 3 wc's, 2 lav's 160 October 16, 2019 Page 47 7.d.a Packet Pg. 79 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS - LEGEND Space Code Description SF TRAINING ROOMS tr1 Training for 10 200 tr2 Training for 20 375 tr25 Training for 25 425 tr3 Training for 30 450 tr35 Training for 35 525 tr4 Training for 40 600 tr5 Training for 50 750 tr6 Training for 60 900 tr65 Training for 65 975 tr7 Training for 70 1050 tr75 Training for 75 1125 tr8 Training for 80 1200 tr85 Training for 85 1275 tr9 Training for 90 1350 tr10 Training for 100 1500 tr12 Training for 120 1875 tr15 Training for 150 2250 tr20 Training for 200 3000 VISITOR WAITING AREAS vis2 Visitor Waiting for 2 50 vis3 Visitor Waiting for 3 60 vis4 Visitor Waiting for 4 80 vis5 Visitor Waiting for 5 100 vis6 Visitor Waiting for 6 120 vis8 Visitor Waiting for 8 160 vis10 Visitor Waiting for 10 200 vis12 Visitor Waiting for 12 240 vis15 Visitor Waiting for 15 300 vis20 Visitor Waiting for 20 400 vis30 Visitor Waiting for 30 600 vis35 Visitor Waiting for 35 700 vis40 Visitor Waiting for 40 800 WORKROOMS lgt1 Light table 25 cut1 Cutting table 5'x5'40 ml1 Mail station 15 wrk1 Worktable - 1 side 25 wrk2 Worktable - small, 4 sides 80 wrk3 Worktable - large, 4 sides 170 wrk9 Workroom 9x9 81 wrk10 Workroom 10'x10'100 wrk11 Workroom 11'x11'120 wrk12 Workroom 12'x12'144 wrk14 Workroom 14'x14'196 wrk15 Workroom 15'x15'225 wrk17 Workroom 17'x17'289 wrk18 Workroom 18'x18'324 October 16, 2019 Page 48 7.d.a Packet Pg. 80 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: PITTSYLVANIA COUNTY JUSTICE NEEDS ASSESSMENT SPACE NEEDS ANALYSIS - LEGEND Space Code Description SF WORKSTATIONS ws 3'x5' Workstation 15 wss 5'x5' Workstation 25 ws1 6'x6' Workstation 36 ws2 6'x8' Workstation 48 ws25 7'x8' Workstation 56 ws3 8'x8' Workstation 64 ws4 8'x10' Workstation 80 ws5 10'x10' Workstation 100 ws6 10'x12' Workstation 120 ws7 12'x12' Workstation 144 October 16, 2019 Page 49 7.d.a Packet Pg. 81 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 50 =0100002000030000400005000060000700001990 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040YEARPITTSYLVANIA COUNTY HISTORICAL AND PROJECTED POPULATION USING 2019 WELDON COOPER CENTER ESTIMATES AND PROJECTIONS AND INTERPOLATING 2019-20407.d.aPacket Pg. 82Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 51 =mfqqpvis^kf^=`lrkqv=`fo`rfq=`lroq=`^pb=cfifkd=qobkap1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 203856,300 56,500 57,100 58,100 58,800 60,300 60,300 61,100 61,789 62,182 62,081 61,669 61,640 61,670 62,645 62,410 63,51663,644 63,535 62,986 63,125 63,167 63,545 63,255 62,614 62,166 61,640 61,122 60,694 60,049 59,259LINEARNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 2038Civil: General District Appeals 12 14 21 20 43 43 14 23 12 7 9 10 12 1112 12 6 8 12 6 5 5 3 7 4 2 5 0 0 0 0Civil: Other Law 243 240 240 337 375 370 185 208 200 212 173 211 188 174 279 290 278 299 274 297 245 244 245 283 102 106 164 188 174 160 146Civil: Divorce 211 216 207 208 343 275 230 232 168 205 197 225 251 296 313 309 285 291 329 315 325 296 248 215 237 262 217 290 300 310 319Civil: Other Equity 89 112 76 94 114 129 89 71 92 83 87 88 79 108 16 2115 14 18 11 10 9 13 8 18 15 17 0 0 0 0Civil: J&DR Appeals 86 79 81 105 109 87 99 176 167 192 119 52 89 64 103 70 117 87 56 64 48 76 127 102 151 151 123 105 106 106 107Total Civil Filings 641 661 625 764 984 904 617 710 639 699 585 586 619 653 723 702 701 699 689 693 633 630 636 615 512 536 526 584 580 576 572Criminal: Class 1&2 Felony 35 52 38 28 39 64 66 43 39 40 43 74 51 58 3444 50 40 132 8 29 29 0 0 2 0 0 12 4 0 0Criminal: Other Felony 569 757 866 718 860 950 871 1228 1095 812 893 1056 867 1015 897 861 841 819 1004 1035 992 933 864 939 1131 1012 1091 1075 1116 1158 1199Criminal: Misdemeanors 251 200 296 280 335 540 479 536 411 364 413369 331 368 383 439 392 318 341 357 318 342 289 400 372 355 423 384388 393 398Total Criminal Filings 855 1009 1200 1026 1234 1554 1416 1807 1545 1216 1349 1499 1249 1441 1314 1344 1283 1177 1477 1400 1339 1304 1153 1339 1505 1367 1514 1470 1509 1551 1597Grand Total Filings 1496 1670 1825 1790 2218 2458 2033 25172184 1915 1934 2085 1868 2094 2037 2046 1984 1876 2166 2093 1972 1934 1789 1954 2017 1903 2040 2054 2089 2127 2169FIXED RATIO OF CASE FILINGS TO POPULATIONCase Filings Per 1,000 PopulationAvgNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 92-18 2023 2028 2033 2038Civil: General District Appeals 0.21 0.25 0.37 0.34 0.73 0.71 0.23 0.38 0.19 0.11 0.14 0.16 0.19 0.18 0.19 0.19 0.09 0.13 0.19 0.10 0.08 0.08 0.05 0.11 0.06 0.03 0.08 0.21 13 13 12 12Civil: Other Law 4.32 4.25 4.20 5.80 6.38 6.14 3.07 3.40 3.24 3.41 2.79 3.42 3.05 2.82 4.45 4.65 4.38 4.70 4.31 4.72 3.88 3.86 3.86 4.47 1.63 1.71 2.66 3.91 239 237 235 232Civil: Divorce 3.75 3.82 3.63 3.58 5.83 4.56 3.81 3.80 2.72 3.30 3.17 3.65 4.07 4.80 5.00 4.95 4.49 4.57 5.18 5.00 5.15 4.69 3.903.40 3.79 4.21 3.52 4.16 254 253 250 247Civil: Other Equity 1.58 1.98 1.33 1.62 1.94 2.14 1.48 1.16 1.491.33 1.40 1.43 1.28 1.75 0.26 0.34 0.24 0.22 0.28 0.17 0.16 0.14 0.20 0.13 0.29 0.24 0.28 0.92 56 56 55 55Civil: J&DR Appeals 1.53 1.40 1.42 1.81 1.85 1.44 1.64 2.88 2.703.09 1.92 0.84 1.44 1.04 1.64 1.12 1.84 1.37 0.88 1.02 0.76 1.20 2.00 1.61 2.41 2.43 2.00 1.68 103 102 101 99Total Civil Filings 11.39 11.70 10.95 13.15 16.73 14.99 10.23 11.62 10.34 11.24 9.42 9.50 10.04 10.59 11.54 11.25 11.0410.98 10.84 11.00 10.03 9.97 10.01 9.72 8.18 8.62 8.53 10.87 665 660 653 644Criminal: Class 1&2 Felony 0.62 0.92 0.67 0.48 0.66 1.06 1.09 0.70 0.63 0.64 0.69 1.20 0.83 0.94 0.54 0.71 0.79 0.63 2.08 0.13 0.46 0.46 0.00 0.00 0.03 0.00 0.00 0.63 38 38 38 37Criminal: Other Felony 10.11 13.40 15.17 12.36 14.63 15.75 14.44 20.10 17.72 13.06 14.38 17.12 14.07 16.46 14.32 13.80 13.24 12.87 15.80 16.43 15.71 14.77 13.60 14.84 18.06 16.28 17.7015.04 920 913 903 891Criminal: Misdemeanors 4.46 3.54 5.18 4.82 5.70 8.96 7.94 8.77 6.65 5.85 6.65 5.98 5.37 5.97 6.11 7.03 6.17 5.00 5.37 5.67 5.045.41 4.55 6.32 5.94 5.71 6.86 5.96 365 362 358 353Total Criminal Filings 15.19 17.86 21.02 17.66 20.99 25.77 23.48 29.57 25.00 19.56 21.73 24.31 20.26 23.37 20.98 21.5320.20 18.49 23.25 22.23 21.21 20.64 18.14 21.17 24.04 21.99 24.56 21.64 1322 1313 1299 1282Grand Total Filings 26.57 29.56 31.96 30.81 37.72 40.76 33.71 41.19 35.35 30.80 31.15 33.81 30.31 33.96 32.52 32.78 31.24 29.48 34.09 33.23 31.24 30.62 28.15 30.89 32.21 30.61 33.10 32.51 1987 1973 1952 1927CHANGING RATIO OF CASE FILINGS TO POPULATIONCase Filings Per 1,000 PopulationNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 2038Civil: General District Appeals 0.21 0.25 0.37 0.34 0.73 0.71 0.23 0.38 0.19 0.11 0.14 0.16 0.19 0.18 0.19 0.19 0.09 0.13 0.19 0.10 0.08 0.08 0.05 0.11 0.06 0.03 0.08 0.00 0.00 0.00 0.00Civil: Other Law 4.32 4.25 4.20 5.80 6.38 6.14 3.07 3.40 3.24 3.41 2.79 3.42 3.05 2.82 4.45 4.65 4.38 4.70 4.31 4.72 3.88 3.86 3.86 4.47 1.63 1.71 2.66 2.79 2.48 2.17 1.86Civil: Divorce 3.75 3.82 3.63 3.58 5.83 4.56 3.81 3.80 2.72 3.30 3.17 3.65 4.07 4.80 5.00 4.95 4.49 4.57 5.18 5.00 5.15 4.69 3.903.40 3.79 4.21 3.52 4.45 4.54 4.62 4.70Civil: Other Equity 1.58 1.98 1.33 1.62 1.94 2.14 1.48 1.16 1.491.33 1.40 1.43 1.28 1.75 0.26 0.34 0.24 0.22 0.28 0.17 0.16 0.14 0.20 0.13 0.29 0.24 0.28 0.00 0.00 0.00 0.00Civil: J&DR Appeals 1.53 1.40 1.42 1.81 1.85 1.44 1.64 2.88 2.703.09 1.92 0.84 1.44 1.04 1.64 1.12 1.84 1.37 0.88 1.02 0.76 1.20 2.00 1.61 2.41 2.43 2.00 1.61 1.59 1.57 1.56Total Civil Filings 11.39 11.70 10.95 13.15 16.73 14.99 10.23 11.62 10.34 11.24 9.42 9.50 10.04 10.59 11.54 11.25 11.0410.98 10.84 11.00 10.03 9.97 10.01 9.72 8.18 8.62 8.53 8.86 8.61 8.36 8.11Criminal: Class 1&2 Felony 0.62 0.92 0.67 0.48 0.66 1.06 1.09 0.70 0.63 0.64 0.69 1.20 0.83 0.94 0.54 0.71 0.79 0.63 2.08 0.13 0.46 0.46 0.00 0.00 0.03 0.00 0.00 0.15 0.02 0.00 0.00Criminal: Other Felony 10.11 13.40 15.17 12.36 14.63 15.75 14.44 20.10 17.72 13.06 14.38 17.12 14.07 16.46 14.32 13.80 13.24 12.87 15.80 16.43 15.71 14.77 13.60 14.84 18.06 16.28 17.7016.58 17.00 17.43 17.86Criminal: Misdemeanors 4.46 3.54 5.18 4.82 5.70 8.96 7.94 8.77 6.65 5.85 6.65 5.98 5.37 5.97 6.11 7.03 6.17 5.00 5.37 5.67 5.045.41 4.55 6.32 5.94 5.71 6.86 5.90 5.89 5.87 5.86Total Criminal Filings 15.19 17.86 21.02 17.66 20.99 25.77 23.48 29.57 25.00 19.56 21.73 24.31 20.26 23.37 20.98 21.5320.20 18.49 23.25 22.23 21.21 20.64 18.14 21.17 24.04 21.99 24.56 22.63 22.91 23.30 23.71Grand Total Filings 26.57 29.56 31.96 30.81 37.72 40.76 33.71 41.19 35.35 30.80 31.15 33.81 30.31 33.96 32.52 32.78 31.24 29.48 34.09 33.23 31.24 30.62 28.15 30.89 32.21 30.61 33.10 31.49 31.52 31.66 31.83Total Case FilingsNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 2038Civil: General District Appeals 12 14 21 20 43 43 14 23 12 7 9 10 12 1112 12 6 8 12 6 5 5 3 7 4 2 5 0 0 0 0Civil: Other Law 243 240 240 337 375 370 185 208 200 212 173 211 188 174 279 290 278 299 274 297 245 244 245 283 102 106 164 171 151 130 146Civil: Divorce 211 216 207 208 343 275 230 232 168 205 197 225 251 296 313 309 285 291 329 315 325 296 248 215 237 262 217 272 275 277 319Civil: Other Equity 89 112 76 94 114 129 89 71 92 83 87 88 79 108 16 2115 14 18 11 10 9 13 8 18 15 17 0 0 0 0Civil: J&DR Appeals 86 79 81 105 109 87 99 176 167 192 119 52 89 64 103 70 117 87 56 64 48 76 127 102 151 151 123 98 97 95 107Total Civil Filings 641 661 625 764 984 904 617 710 639 699 585 586 619 653 723 702 701 699 689 693 633 630 636 615 512 536 526 541 523 502 572Criminal: Class 1&2 Felony 35 52 38 28 39 64 66 43 39 40 43 74 51 58 3444 50 40 132 8 29 29 0 0 2 0 0 9 1 0 0Criminal: Other Felony 569 757 866 718 860 950 871 1228 1095 812 893 1056 867 1015 897 861 841 819 1004 1035 992 933 864 939 1131 1012 1091 1013 1032 1047 1058Criminal: Misdemeanors 251 200 296 280 335 540 479 536 411 364 413369 331 368 383 439 392 318 341 357 318 342 289 400 372 355 423 361357 353 347Total Criminal Filings 855 1009 1200 1026 1234 1554 1416 1807 1545 1216 1349 1499 1249 1441 1314 1344 1283 1177 1477 1400 1339 1304 1153 1339 1505 1367 1514 1383 1391 1399 1405Grand Total Filings 1496 1670 1825 1790 2218 2458 2033 25172184 1915 1934 2085 1868 2094 2037 2046 1984 1876 2166 2093 1972 1934 1789 1954 2017 1903 2040 1925 1913 1901 1977COUNTY POPULATIONHistorical population data and estimates were obtained from the Weldon Cooper Center based on on the actual census data for 1990, 2000, and 2010 and the July 1 intercensal estimates for other years.Future population projections were calculated based on the population projections dated 2019 obtained from the University of Virginia Weldon Cooper Center, Demographics Research Group. (2019) for 2020, 2030, and 2040.Historical case filing data was obtained from the Virginia Supreme Court. 7.d.aPacket Pg. 83Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 52 7.d.aPacket Pg. 84Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 53 CIRCUIT COURT CASE FILINGS2008 2013 2018 2023 2028 2033 2038Projected Change 2015 - 2035County Population63,516 63,167 61,640 61,037 60,694 60,049 59,259 -4%Case Filings Linear Trend1,984 1,934 2,040 2,061 2,089 2,127 2,1696% Fixed Ratio to County Population1,984 1,934 2,040 1,984 1,973 1,952 1,927-6% Changing Ratio to County Population1,984 1,934 2,040 1,922 1,913 1,901 1,977-3%Average of three models1,989 1,992 1,993 2,024-1%Average Case Filings per year Pittsylvania County (2014-2018)1,941Average Case Filings per Judge 22th Judicial Circuit (2018)1,435Average Case Filings per Judge Statewide (2018)1,282Average Case Filings per Judge for Planning1,552Actual Projected(4682 filings/1 judge in 2018 using Virginia Supreme Court's new calculation methodology to include special case and other special case activities; 2040 filings/1 judge using pre-2014 methodology)(13,170 filings/4 judges (5 authorized) in 2018 using Virginia Supreme Court's new calculation methodology to include special case and other special case activities; then applying 2018 Pittsylvania ratio to pre-2014 methodology)(470,884 filings/160 judges (171 authorized) in 2018 using Virginia Supreme Court's new calculation methodology to include special case and other special case activities; then applying 2018 Pittsylvania ratio to pre-2014 methodology)7.d.aPacket Pg. 85Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 54 =mfqqpvis^kf^=`lrkqv=`lroq=`^pb=cfifkd=qobkapCIRCUIT COURT2018Case FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredBased on 2014-2018 Average Case Filings per Judge in Pittsylvania County (1 Judge)Average Pittsylvania County 1,941Linear2,054 1.1 2 2,089 1.1 2 2,127 1.1 2 2,169 1.1 2Fixed Ratio to Population 1,987 1.0 2 1,973 1.0 2 1,952 1.02 1,927 1.0 1Changing Ratio to Population 1,925 1.0 1 1,913 1.0 1 1,901 1.0 1 1,977 1.0 2Based on 2018 Average Case Filings per Judge in 22nd CircuitAverage 22nd Circuit 1,435Linear2,054 1.4 2 2,089 1.5 2 2,127 1.5 2 2,169 1.5 2Fixed Ratio to Population 1,987 1.4 2 1,973 1.4 2 1,952 1.42 1,927 1.3 2Changing Ratio to Population 1,925 1.3 2 1,913 1.3 2 1,901 1.3 2 1,977 1.4 2Based on 2018 Average Case Filings per Judge StatewideAverage Statewide 1,282Linear2,054 1.6 2 2,089 1.6 2 2,127 1.7 2 2,169 1.7 2Fixed Ratio to Population 1,987 1.5 2 1,973 1.5 2 1,952 1.52 1,927 1.5 2Changing Ratio to Population 1,925 1.5 2 1,913 1.5 2 1,901 1.5 2 1,977 1.5 2Average of 2018 Pittsylvania, 2018 22nd Circuit, and 2018 State case filings per judge1,552Case Filings for Planning1,552 1,989 1.3 2 1,992 1.3 2 1,993 1.3 2 2,024 1.3 220232033202820387.d.aPacket Pg. 86Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 55 mfqqpvis^kf^=`lrkqv=afpqof`q=`lroq=`^pb=cfifkd=qobkap1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 203856,300 56,500 57,100 58,100 58,800 60,300 60,300 61,100 61,789 62,182 62,081 61,669 61,640 61,670 62,645 62,410 63,51663,644 63,535 62,986 63,125 63,167 63,545 63,255 62,614 62,166 61,640 61,122 60,694 60,049 59,259LINEARNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 20142015 2016 2017 2018 2023 2028 2033 2038Criminal: Misdemeanor 1148 1044 1227 1513 1354 1273 1460 14521421 1437 1117 1323 1236 1172 1106 1376 1497 1437 1555 1619 1381 1285 1234 1151 829 862 791 1121 1080 1038 997Criminal: Felony 186 200 229 174 214 193 210 213 214 187 169 236 222 222 275 209 326 310 330 335 291 269 265 316 267 339 274 341 367 394 420Criminal: Capias/Show Cause 314 387 317 158 131 165 157 199 138 128 104 84 119 108 133 119 114 125 135 162 207 181 177 218 203 143173 119 105 91 76Total Criminal Filings 1648 1631 1773 1845 1699 1631 1827 1864 1773 1752 1390 1643 1577 1502 1514 1704 1937 1872 2020 2116 18791735 1676 1685 1299 1344 1238 1582 1552 1523 1493Traffic: Infraction 6022 5888 5598 5139 5314 6452 7710 7802 6265 7422 5689 7925 8150 7962 8461 7673 7695 7873 8306 6110 6028 8952 9556 8347 7239 8375 7451 8915 9380 9846 10312Traffic: Misdemeanor 1578 1861 1789 1683 2177 2479 2594 2565 2542 2687 2308 2490 2185 2037 1880 1959 1577 1558 1369 1021 913 1255 1356 1180 1088 1234 1314 969 738 506 275Traffic: Felony 24 23 15 25 38 38 45 50 70 53 59 43 45 53 57 64 46 35 3639 24 13 17 16 27 14 23 27 24 21 18Traffic: Capias/Show Cause 216 1049 347 114 125 181 162 191 146 137 105 145 212 210 186 221 211 162 181 111 73 83 106 105 114 112 13612 0 0 0Total Traffic 7840 8821 7749 6961 7654 9150 10511 10608 9023 10299 8161 10603 10592 10262 10584 9917 9529 9628 9892 7281 7038 10303 11035 9648 8468 9735 8924 9922 10142 10374 10606Civil: CW, UD, Det, Etc. 2364 2320 1727 1627 1531 1555 1767 1814 1758 2015 1942 2124 2025 1978 2153 2112 2315 2219 1934 20561741 1558 1342 1195 1905 1944 2015 1792 1765 1738 1711Civil: Garnishments 828 880 951 801 700 627 734 854 865 992 966 872 842 836 768 714 815 853 682 661 630 641 530 764 449 422 560 524 462 399 337Civil: Motions for Judgment 57 5 7 2 6 2 1 2 5 6 1 9 2 10 2 11 2 8 2 1 1 5 1 72 0 1 0 0 0 0Total Civil 3249 3205 2685 2430 2237 2184 2502 2670 2628 3013 2909 3005 2869 2824 2923 2837 3132 3080 2618 2718 2372 2204 1873 1966 2356 2366 2576 2317 2227 2137.36 2048Grand Total Filings 12737 13657 12207 11236 11590 12965 14840 15142 13424 15064 12460 15251 15038 14588 15021 14458 14598 14580 14530 12115 11289 14242 14584 13299 12123 13445 12738 13821 13922 14034 14146FIXED RATIO OF CASE FILINGS TO POPULATIONCase Filings Per 1,000 PopulationAvgNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 20142015 2016 2017 2018 92-18 2023 2028 2033 2038Criminal: Misdemeanor 20.39 18.48 21.49 26.04 23.03 21.11 24.21 23.76 23.00 23.11 17.99 21.45 20.05 19.00 17.65 22.05 23.57 22.58 24.47 25.70 21.88 20.34 19.42 18.20 13.24 13.87 12.83 20.70 1265 1256 1243 1227Criminal: Felony 3.30 3.54 4.01 2.99 3.64 3.20 3.48 3.49 3.46 3.01 2.72 3.83 3.60 3.60 4.39 3.35 5.13 4.87 5.19 5.32 4.61 4.264.17 5.00 4.26 5.45 4.45 4.01 245 244 241 238Criminal: Capias/Show Cause 5.58 6.85 5.55 2.72 2.23 2.74 2.60 3.26 2.23 2.06 1.68 1.36 1.93 1.75 2.12 1.91 1.79 1.96 2.12 2.57 3.28 2.87 2.79 3.45 3.24 2.30 2.81 2.81 171 170 168 166Total Criminal Filings 29.27 28.87 31.05 31.76 28.89 27.05 30.30 30.51 28.69 28.18 22.39 26.64 25.58 24.36 24.17 27.30 30.50 29.41 31.79 33.59 29.77 27.47 26.38 26.64 20.75 21.62 20.0827.52 1682 1670 1652 1631Traffic: Infraction 106.96 104.21 98.04 88.45 90.37 107.00 127.86 127.69 101.39 119.36 91.64 128.51 132.22 129.11 135.06 122.94 121.15 123.70 130.73 97.01 95.49 141.72 150.38 131.96 115.61 134.72 120.88 117.56 7186 7135 7059 6967Traffic: Misdemeanor 28.03 32.94 31.33 28.97 37.02 41.11 43.0241.98 41.14 43.21 37.18 40.38 35.45 33.03 30.01 31.39 24.83 24.48 21.55 16.21 14.46 19.87 21.34 18.65 17.38 19.85 21.32 29.49 1802 1790 1771 1747Traffic: Felony 0.43 0.41 0.26 0.43 0.65 0.63 0.75 0.82 1.13 0.85 0.95 0.70 0.73 0.86 0.91 1.03 0.72 0.55 0.57 0.62 0.38 0.21 0.27 0.25 0.43 0.23 0.37 0.60 36 36 36 35Traffic: Capias/Show Cause 3.84 18.57 6.08 1.96 2.13 3.00 2.693.13 2.36 2.20 1.69 2.35 3.44 3.41 2.97 3.54 3.32 2.55 2.85 1.76 1.16 1.31 1.67 1.66 1.82 1.80 2.21 3.16 193 192 190 188Total Traffic 139.25 156.12 135.71 119.81 130.17 151.74 174.31 173.62 146.03 165.63 131.46 171.93 171.84 166.40 168.95 158.90 150.03 151.28 155.69 115.60 111.49 163.11 173.66 152.53 135.24 156.60 144.78 150.81 9218 9153 9056 8937Civil: CW, UD, Det, Etc. 41.99 41.06 30.25 28.00 26.04 25.79 29.30 29.69 28.45 32.40 31.28 34.44 32.85 32.07 34.37 33.8436.45 34.87 30.44 32.64 27.58 24.66 21.12 18.89 30.42 31.27 32.69 30.85 1885 1872 1852 1828Civil: Garnishments 14.71 15.58 16.65 13.79 11.90 10.40 12.1713.98 14.00 15.95 15.56 14.14 13.66 13.56 12.26 11.44 12.83 13.40 10.73 10.49 9.98 10.15 8.34 12.08 7.17 6.79 9.09 12.25 749 744 736 726Civil: Motions for Judgment 1.01 0.09 0.12 0.03 0.10 0.03 0.02 0.03 0.08 0.10 0.02 0.15 0.03 0.16 0.03 0.18 0.03 0.13 0.03 0.02 0.02 0.08 0.02 0.11 0.03 0.00 0.02 0.10 6 6 6 6Total Civil 57.709 56.726 47.023 41.824 38.044 36.219 41.49343.699 42.532 48.454 46.858 48.728 46.545 45.792 46.660 45.457 49.311 48.394 41.206 43.152 37.576 34.892 29.475 31.08137.627 38.059 41.791 43.197 2640 2622 2594 2560Grand Total Filings 226.23 241.72 213.78 193.39 197.11 215.01246.10 247.82 217.26 242.26 200.71 247.31 243.97 236.55 239.78 231.66 229.83 229.09 228.69 192.34 178.84 225.47 229.51210.24 193.61 216.28 206.65 221.53 13540 13445 13302 13127CHANGING RATIO OF CASE FILINGS TO POPULATIONCase Filings Per 1,000 PopulationNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 20142015 2016 2017 2018 2023 2028 2033 2038Criminal: Misdemeanor 20.39 18.48 21.49 26.04 23.03 21.11 24.21 23.76 23.00 23.11 17.99 21.45 20.05 19.00 17.65 22.05 23.57 22.58 24.47 25.70 21.88 20.34 19.42 18.20 13.24 13.87 12.83 16.91 15.85 14.80 13.74Criminal: Felony 3.30 3.54 4.01 2.99 3.64 3.20 3.48 3.49 3.46 3.01 2.72 3.83 3.60 3.60 4.39 3.35 5.13 4.87 5.19 5.32 4.61 4.264.17 5.00 4.26 5.45 4.45 5.29 5.64 5.99 6.35Criminal: Capias/Show Cause 5.58 6.85 5.55 2.72 2.23 2.74 2.60 3.26 2.23 2.06 1.68 1.36 1.93 1.75 2.12 1.91 1.79 1.96 2.12 2.57 3.28 2.87 2.79 3.45 3.24 2.30 2.81 1.69 1.38 1.07 0.76Total Criminal Filings 29.27 28.87 31.05 31.76 28.89 27.05 30.30 30.51 28.69 28.18 22.39 26.64 25.58 24.36 24.17 27.30 30.50 29.41 31.79 33.59 29.77 27.47 26.38 26.64 20.75 21.62 20.0823.88 22.87 21.86 20.85Traffic: Infraction 106.96 104.21 98.04 88.45 90.37 107.00 127.86 127.69 101.39 119.36 91.64 128.51 132.22 129.11 135.06 122.94 121.15 123.70 130.73 97.01 95.49 141.72 150.38 131.96 115.61 134.72 120.88 137.64 143.21 148.79 154.37Traffic: Misdemeanor 28.03 32.94 31.33 28.97 37.02 41.11 43.0241.98 41.14 43.21 37.18 40.38 35.45 33.03 30.01 31.39 24.83 24.48 21.55 16.21 14.46 19.87 21.34 18.65 17.38 19.85 21.32 14.10 9.83 5.56 1.28Traffic: Felony 0.43 0.41 0.26 0.43 0.65 0.63 0.75 0.82 1.13 0.85 0.95 0.70 0.73 0.86 0.91 1.03 0.72 0.55 0.57 0.62 0.38 0.21 0.27 0.25 0.43 0.23 0.37 0.41 0.36 0.30 0.25Traffic: Capias/Show Cause 3.84 18.57 6.08 1.96 2.13 3.00 2.693.13 2.36 2.20 1.69 2.35 3.44 3.41 2.97 3.54 3.32 2.55 2.85 1.76 1.16 1.31 1.67 1.66 1.82 1.80 2.21 0.00 0.00 0.00 0.00Total Traffic 139.25 156.12 135.71 119.81 130.17 151.74 174.31 173.62 146.03 165.63 131.46 171.93 171.84 166.40 168.95 158.90 150.03 151.28 155.69 115.60 111.49 163.11 173.66 152.53 135.24 156.60 144.78 152.15 153.40 154.65 155.90Civil: CW, UD, Det, Etc. 41.99 41.06 30.25 28.00 26.04 25.79 29.30 29.69 28.45 32.40 31.28 34.44 32.85 32.07 34.37 33.8436.45 34.87 30.44 32.64 27.58 24.66 21.12 18.89 30.42 31.27 32.69 27.12 26.08 25.04 24.01Civil: Garnishments 14.71 15.58 16.65 13.79 11.90 10.40 12.1713.98 14.00 15.95 15.56 14.14 13.66 13.56 12.26 11.44 12.83 13.40 10.73 10.49 9.98 10.15 8.34 12.08 7.17 6.79 9.09 7.73 6.47 5.21 3.96Civil: Motions for Judgment 1.01 0.09 0.12 0.03 0.10 0.03 0.02 0.03 0.08 0.10 0.02 0.15 0.03 0.16 0.03 0.18 0.03 0.13 0.03 0.02 0.02 0.08 0.02 0.11 0.03 0.00 0.02 0.00 0.00 0.00 0.00Total Civil 57.71 56.73 47.02 41.82 38.04 36.22 41.49 43.70 42.53 48.45 46.86 48.73 46.54 45.79 46.66 45.46 49.31 48.39 41.21 43.15 37.58 34.89 29.48 31.08 37.63 38.06 41.79 34.84 32.55 30.26 27.96Grand Total Filings 226.23 241.72 213.78 193.39 197.11 215.01246.10 247.82 217.26 242.26 200.71 247.31 243.97 236.55 239.78 231.66 229.83 229.09 228.69 192.34 178.84 225.47 229.51210.24 193.61 216.28 206.65 210.87 208.82 206.77 204.72Total Case FilingsNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 20142015 2016 2017 2018 2023 2028 2033 2038Criminal: Misdemeanor 1148 1044 1227 1513 1354 1273 1460 14521421 1437 1117 1323 1236 1172 1106 1376 1497 1437 1555 1619 1381 1285 1234 1151 829 862 791 1033 962 889 814Criminal: Felony 186 200 229 174 214 193 210 213 214 187 169 236 222 222 275 209 326 310 330 335 291 269 265 316 267 339 274 323 342 360 376Criminal: Capias/Show Cause 314 387 317 158 131 165 157 199 138 128 104 84 119 108 133 119 114 125 135 162 207 181 177 218 203 143173 103 84 64 45Total Criminal Filings 1648 1631 1773 1845 1699 1631 1827 1864 1773 1752 1390 1643 1577 1502 1514 1704 1937 1872 2020 2116 18791735 1676 1685 1299 1344 1238 1460 1388 1313 1236Traffic: Infraction 6022 5888 5598 5139 5314 6452 7710 7802 6265 7422 5689 7925 8150 7962 8461 7673 7695 7873 8306 6110 6028 8952 9556 8347 7239 8375 7451 8413 8692 8935 9148Traffic: Misdemeanor 1578 1861 1789 1683 2177 2479 2594 2565 2542 2687 2308 2490 2185 2037 1880 1959 1577 1558 1369 1021 913 1255 1356 1180 1088 1234 1314 862 597 334 76Traffic: Felony 24 23 15 25 38 38 45 50 70 53 59 43 45 53 57 64 46 35 3639 24 13 17 16 27 14 23 25 22 18 15Traffic: Capias/Show Cause 216 1049 347 114 125 181 162 191 146 137 105 145 212 210 186 221 211 162 181 111 73 83 106 105 114 112 1360 0 0 0Total Traffic 7840 8821 7749 6961 7654 9150 10511 10608 9023 10299 8161 10603 10592 10262 10584 9917 9529 9628 9892 7281 7038 10303 11035 9648 8468 9735 8924 9300 9310 9287 9238Civil: CW, UD, Det, Etc. 2364 2320 1727 1627 1531 1555 1767 1814 1758 2015 1942 2124 2025 1978 2153 2112 2315 2219 1934 20561741 1558 1342 1195 1905 1944 2015 1657 1583 1504 1423Civil: Garnishments 828 880 951 801 700 627 734 854 865 992 966 872 842 836 768 714 815 853 682 661 630 641 530 764 449 422 560 472 393 313 234Civil: Motions for Judgment 57 5 7 2 6 2 1 2 5 6 1 9 2 10 2 11 2 8 2 1 1 5 1 72 0 1 0 0 0 0Total Civil 3249 3205 2685 2430 2237 2184 2502 2670 2628 3013 2909 3005 2869 2824 2923 2837 3132 3080 2618 2718 2372 2204 1873 1966 2356 2366 2576 2130 1976 1817 1657Grand Total Filings 12737 13657 12207 11236 11590 12965 14840 15142 13424 15064 12460 15251 15038 14588 15021 14458 14598 14580 14530 12115 11289 14242 14584 13299 12123 13445 12738 12889 12674 12416 12131COUNTY POPULATIONHistorical population data and estimates were obtained from the Weldon Cooper Center based on July 1 intercensal estimates.Future population projections were calculated based on the population growth of the County from 2010 to 2015 at a rate of approximately 0.29% per year.Historical case filing data was obtained from the Virginia Supreme Court. Historical population data and estimates were obtained from the Weldon Cooper Center based on July 1 intercensal estimates.Future population projections were calculated based on the population growth of the County from 2010 to 2015 at a rate of approximately 0.29% per year.Historical case filing data was obtained from the Virginia Supreme Court. Historical population data and estimates were obtained from the Augusta County Planning Department.Future population projections were obtained from the Augusta County Planning Department.Historical case filing data was obtained from the Virginia Supreme Court. Historical population July 1 intercensal estimates were obtained from the Weldon Cooper Center based on the actual census data for 1990, 2000, and 2010.Future population projections were calculated based on the population projections dated 2019 obtained from the University of Virginia Weldon Cooper Center, Demographics Research Group. (2019) for 2020, 2030, and 2040.Historical case filing data was obtained from the Virginia Supreme Court. 7.d.aPacket Pg. 87Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 56 7.d.aPacket Pg. 88Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 57 GENERAL DISTRICT COURT CASE FILINGS2008 2013 2018 2023 2028 2033 2038Projected Change 2018 - 2038County Population63,516 63,167 61,640 61,122 60,694 14,034 59,259 -4%Case Filings Linear Trend14,598 14,242 12,738 13,821 13,922 14,034 14,14611% Fixed Ratio to County Population14,598 14,242 12,738 13,540 13,445 13,302 13,1273% Changing Ratio to County Population14,598 14,242 12,738 12,889 12,674 12,416 12,131-5%Average of three models13,417 13,347 13,251 13,1353%Average Case Filings per year Pittsylvania County (2014-18)26,476(13,238 filings/0.5 judges)Average Case Filings per Judge 22nd District (2018)23,023(46,046 filings/2 judges)Average Case Filings per Judge Statewide (2018)23,220(2,786,432 filings/120 judges)Average Case Filings per Judge for Planning24,240(average of Pittsylvania County, 22nd District, and State)Actual Projected7.d.aPacket Pg. 89Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 58 =====GENERAL DISTRICT COURT2018Case FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredBased on 2018 Average Case Filings per Judge in Pittsylvania County (0.5 Judges)Average Pittsylvania County 26,476Linear13,821 0.5 1 13,922 0.5 1 14,034 0.5 1 14,146 0.5 1Fixed Ratio to Population 13,540 0.5 1 13,445 0.5 1 13,3020.5 1 13,127 0.5 1Changing Ratio to Population 12,889 0.5 1 12,674 0.5 1 12,416 0.5 1 12,131 0.5 1Based on 2018 Average Case Filings per Judge in 22nd DistrictAverage 22nd District 23,023Linear13,821 0.6 1 13,922 0.6 1 14,034 0.6 1 14,146 0.6 1Fixed Ratio to Population 13,540 0.6 1 13,445 0.6 1 13,3020.6 1 13,127 0.6 1Changing Ratio to Population 12,889 0.6 1 12,674 0.6 1 12,416 0.5 1 12,131 0.5 1Based on 2018 Average Case Filings per Judge StatewideAverage Statewide 23,220Linear13,821 0.6 1 13,922 0.6 1 14,034 0.6 1 14,146 0.6 1Fixed Ratio to Population 13,540 0.6 1 13,445 0.6 1 13,3020.6 1 13,127 0.6 1Changing Ratio to Population 12,889 0.6 1 12,674 0.5 1 12,416 0.5 1 12,131 0.5 1Average of 2015 Pittsylvania, 2013 22nd District, and 2013 State case filings per judge24,240Case Filings for Planning24,240 13,417 0.6 1 13,347 0.6 1 13,251 0.5 1 13,135 0.5 120382033202820237.d.aPacket Pg. 90Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 59 ==mfqqpvis^kf^=`lrkqv=gCao=afpqof`q=`lroq=`^pb=cfifkd=qobkap1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 203856,300 56,500 57,100 58,100 58,800 60,300 60,300 61,100 61,789 62,182 62,081 61,669 61,640 61,670 62,645 62,410 63,51663,644 63,535 62,986 63,125 63,167 63,545 63,255 62,614 62,166 61,640 61,122 60,694 60,049 59,259LINEAR1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 2038Juvenile: Traffic 389 331 373 437 365 445 485 528 382 436 380 282 247 278 268 224 151 200 156 140 102 105 149 115 102 148 103 0 0 0 0Juvenile: Delinquency (DF,DM) 333 322 301 344 413 473 386 453412 406 444 546 443 532 481 469 424 300 274 259 205 260 285 243 291184 159 229 194 159 123Juvenile: Custody/Visitation 1385 1327 1335 1322 1267 1132 1251 1503 1494 1468 1395 1275 976 1208 1442 1400 1770 1455 1501 1643 1679 1643 1609 1473 1827 1430 1676 1712 1788 1864 1939Juvenile: Abuse/Neglect 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 109 83 107 77 92 73 89 105 120Juvenile: Status/Other 81 51 88 122 115 110 129 97 111 137 125 106 135 105 134 68 101 71 49 214 130 175 135 129 241 181 172 180 195 211 227Total Juvenile 2188 2031 2097 2225 2160 2160 2251 2581 2399 2447 2344 2209 1801 2123 2325 2161 2446 2026 1980 2256 2116 21832287 2043 2568 2020 2202 2195 2266 2338 2410Adult: Criminal Misdemeanor 305 394 485 616 641 648 704 677 611 693 509 648 597 564 548 533 519 477 438 411 421 346 331 377 356 415 492 379 343 306 270Adult: Criminal Felony 30 49 61 82 97 72 55 56 83 93 73 93 105 89 6859 50 56 103 73 61 66 69 108 84 73 66 83 86 88 91Adult: Capias 515 621 794 780 705 582 678 574 643 629 650 676 685627 810 818 834 886 869 897 825 825 97 70 58 78 66 329 252 176 100Adult: Show Cause 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 736 587 440 619386 430 521 612 702Adult: Civil Support 892 880 853 917 922 910 1150 1153 1104 1141 935 874 857 962 1050 1018 1074 977 958 1088 1007 871 733 591 589 555 573 713 658 603 548Adult: Prot Order - Fam Abuse 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 111 123 124 98 116 90 109 128 148Adult: Other 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 43 57 58 22 38 34 41 48 56Total Adult (Domestic) 1742 1944 2193 2395 2365 2212 2587 2460 2441 2556 2167 2291 2244 2244 2476 2428 2477 2396 2368 24692314 2108 2120 1913 1709 1860 1737 2058 2010 1962 1914Grand Total Filings 3930 3975 4290 4620 4525 4372 4838 5041 4840 5003 4511 4500 4045 4367 4801 4589 4923 4422 4348 4725 44304291 4407 3956 4277 3880 3939 4253 4277 4300 4324FIXED RATIO OF CASE FILINGS TO POPULATIONCase Filings Per 1,000 PopulationAvgNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 92-2018 2023 2028 2033 2038Juvenile: Traffic 6.91 5.86 6.53 7.52 6.21 7.38 8.04 8.64 6.18 7.01 6.12 4.57 4.01 4.51 4.28 3.59 2.38 3.14 2.46 2.22 1.62 1.66 2.34 1.82 1.63 2.38 1.67 4.47 273 271 268 265Juvenile: Delinquency (DF,DM) 5.91 5.70 5.27 5.92 7.02 7.846.40 7.41 6.67 6.53 7.15 8.85 7.19 8.63 7.68 7.51 6.68 4.71 4.31 4.11 3.25 4.12 4.49 3.84 4.65 2.96 2.58 5.83 356 354 350 345Juvenile: Custody/Visitation 24.60 23.49 23.38 22.75 21.5518.77 20.75 24.60 24.18 23.61 22.47 20.67 15.83 19.59 23.02 22.43 27.87 22.86 23.62 26.09 26.60 26.01 25.32 23.29 29.18 23.00 27.19 23.43 1432 1422 1407 1389Juvenile: Abuse or Neglect 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.72 1.31 1.71 1.24 1.49 0.28 17 17 17 16Juvenile: Other 1.44 0.90 1.54 2.10 1.96 1.82 2.14 1.59 1.80 2.20 2.01 1.72 2.19 1.70 2.14 1.09 1.59 1.12 0.77 3.40 2.06 2.772.12 2.04 3.85 2.91 2.79 1.99 122 121 120 118Total Juvenile 38.86 35.95 36.73 38.30 36.73 35.82 37.33 42.24 38.83 39.35 37.76 35.82 29.22 34.43 37.11 34.63 38.51 31.83 31.16 35.82 33.52 34.56 35.99 32.30 41.01 32.49 35.72 36.00 2200 2185 2162 2133Adult: Criminal Misdemeanor 5.42 6.97 8.49 10.60 10.90 10.75 11.67 11.08 9.89 11.14 8.20 10.51 9.69 9.15 8.75 8.54 8.17 7.49 6.89 6.53 6.67 5.48 5.21 5.96 5.69 6.68 7.98 8.31 508 505 499493Adult: Criminal Felony 0.53 0.87 1.07 1.41 1.65 1.19 0.91 0.92 1.34 1.50 1.18 1.51 1.70 1.44 1.09 0.95 0.79 0.88 1.62 1.16 0.97 1.04 1.09 1.71 1.34 1.17 1.07 1.19 73 72 71 70Adult: Capias 9.15 10.99 13.91 13.43 11.99 9.65 11.24 9.39 10.41 10.12 10.47 10.96 11.11 10.17 12.93 13.11 13.13 13.92 13.68 14.24 13.07 13.06 1.53 1.11 0.93 1.25 1.07 9.85 602 598 592 584Adult: Show Cause 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11.58 9.28 7.03 9.96 6.26 1.63 100 99 98 97Adult: Civil Support 15.84 15.58 14.94 15.78 15.68 15.09 19.07 18.87 17.87 18.35 15.06 14.17 13.90 15.60 16.76 16.31 16.91 15.35 15.08 17.27 15.95 13.79 11.54 9.34 9.41 8.93 9.30 14.88 909 903 893 882Adult: Prot Order - Fam Abuse 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.75 1.94 1.98 1.58 1.88 0.34 21 21 20 20Adult: Other 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.68 0.90 0.93 0.35 0.62 0.13 8 8 8 8Total Adult (Domestic) 30.94 34.41 38.41 41.22 40.22 36.68 42.90 40.26 39.51 41.10 34.91 37.15 36.41 36.39 39.52 38.9039.00 37.65 37.27 39.20 36.66 33.37 33.36 30.24 27.29 29.92 28.18 36.34 2221 2205 2182 2153Grand Total Filings 69.80 70.35 75.13 79.52 76.96 72.50 80.23 82.50 78.33 80.46 72.66 72.97 65.62 70.81 76.64 73.53 77.51 69.48 68.43 75.02 70.18 67.93 69.35 62.54 68.31 62.41 63.9072.34 4421 4390 4344 4287CHANGING RATIO OF CASE FILINGS TO POPULATIONCase Filings Per 1,000 PopulationNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 2038Juvenile: Traffic 6.91 5.86 6.53 7.52 6.21 7.38 8.04 8.64 6.18 7.01 6.12 4.57 4.01 4.51 4.28 3.59 2.38 3.14 2.46 2.22 1.62 1.66 2.34 1.82 1.63 2.38 1.67 0.00 0.00 0.00 0.00Juvenile: Delinquency (DF,DM) 5.91 5.70 5.27 5.92 7.02 7.846.40 7.41 6.67 6.53 7.15 8.85 7.19 8.63 7.68 7.51 6.68 4.71 4.31 4.11 3.25 4.12 4.49 3.84 4.65 2.96 2.58 3.40 2.72 2.05 1.37Juvenile: Custody/Visitation 24.60 23.49 23.38 22.75 21.5518.77 20.75 24.60 24.18 23.61 22.47 20.67 15.83 19.59 23.02 22.43 27.87 22.86 23.62 26.09 26.60 26.01 25.32 23.29 29.18 23.00 27.19 26.29 27.08 27.88 28.67Juvenile: Abuse or Neglect 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.72 1.31 1.71 1.24 1.49 1.17 1.42 1.67 1.92Juvenile: Other 1.44 0.90 1.54 2.10 1.96 1.82 2.14 1.59 1.80 2.20 2.01 1.72 2.19 1.70 2.14 1.09 1.59 1.12 0.77 3.40 2.06 2.772.12 2.04 3.85 2.91 2.79 2.80 3.03 3.25 3.48Total Juvenile 38.86 35.95 36.73 38.30 36.73 35.82 37.33 42.24 38.83 39.35 37.76 35.82 29.22 34.43 37.11 34.63 38.51 31.83 31.16 35.82 33.52 34.56 35.99 32.30 41.01 32.49 35.72 33.66 34.26 34.85 35.44Adult: Criminal Misdemeanor 5.42 6.97 8.49 10.60 10.90 10.75 11.67 11.08 9.89 11.14 8.20 10.51 9.69 9.15 8.75 8.54 8.17 7.49 6.89 6.53 6.67 5.48 5.21 5.96 5.69 6.68 7.98 5.70 4.98 4.25 3.52Adult: Criminal Felony 0.53 0.87 1.07 1.41 1.65 1.19 0.91 0.92 1.34 1.50 1.18 1.51 1.70 1.44 1.09 0.95 0.79 0.88 1.62 1.16 0.97 1.04 1.09 1.71 1.34 1.17 1.07 1.28 1.30 1.33 1.35Adult: Capias 9.15 10.99 13.91 13.43 11.99 9.65 11.24 9.39 10.41 10.12 10.47 10.96 11.11 10.17 12.93 13.11 13.13 13.92 13.68 14.24 13.07 13.06 1.53 1.11 0.93 1.25 1.07 4.72 3.29 1.87 0.44Adult: Show Cause 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11.58 9.28 7.03 9.96 6.26 6.86 8.31 9.76 11.21Adult: Civil Support 15.84 15.58 14.94 15.78 15.68 15.09 19.07 18.87 17.87 18.35 15.06 14.17 13.90 15.60 16.76 16.31 16.91 15.35 15.08 17.27 15.95 13.79 11.54 9.34 9.41 8.93 9.30 10.68 9.51 8.34 7.17Adult: Prot Order - Fam Abuse 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.75 1.94 1.98 1.58 1.88 1.44 1.75 2.05 2.36Adult: Other 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.68 0.90 0.93 0.35 0.62 0.54 0.66 0.77 0.89Total Adult (Domestic) 30.94 34.41 38.41 41.22 40.22 36.68 42.90 40.26 39.51 41.10 34.91 37.15 36.41 36.39 39.52 38.9039.00 37.65 37.27 39.20 36.66 33.37 33.36 30.24 27.29 29.92 28.18 31.21 29.79 28.37 26.94Grand Total Filings 69.80 70.35 75.13 79.52 76.96 72.50 80.23 82.50 78.33 80.46 72.66 72.97 65.62 70.81 76.64 73.53 77.51 69.48 68.43 75.02 70.18 67.93 69.35 62.54 68.31 62.41 63.9064.88 64.05 63.22 62.39Grand Total Filings60.83162.506760.83162.506754.324757.176961.868960.399562.685456.199649.428653.663860.83162.506754.324757.176961.868960.399562.685456.199649.428653.6638Total Case FilingsNew Filings 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2028 2033 2038Juvenile: Traffic 389 331 373 437 365 445 485 528 382 436 380 282 247 278 268 224 151 200 156 140 102 105 149 115 102 148 103 0 0 0 0Juvenile: Delinquency (DF,DM) 333 322 301 344 413 473 386 453412 406 444 546 443 532 481 469 424 300 274 259 205 260 285 243 291184 159 208 165 123 81Juvenile: Custody/Visitation 1385 1327 1335 1322 1267 1132 1251 1503 1494 1468 1395 1275 976 1208 1442 1400 1770 1455 1501 1643 1679 1643 1609 1473 1827 1430 1676 1607 1644 1674 1699Juvenile: Abuse or Neglect 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 109 83 107 77 92 72 86 100 114Juvenile: Other 81 51 88 122 115 110 129 97 111 137 125 106 135 105 134 68 101 71 49 214 130 175 135 129 241 181 172 171 184 195 206Total Juvenile 2188 2031 2097 2225 2160 2160 2251 2581 2399 2447 2344 2209 1801 2123 2325 2161 2446 2026 1980 2256 2116 21832287 2043 2568 2020 2202 2058 2079 2093 2100Adult: Criminal Misdemeanor 305 394 485 616 641 648 704 677 611 693 509 648 597 564 548 533 519 477 438 411 421 346 331 377 356 415 492 348 302 255 209Adult: Criminal Felony 30 49 61 82 97 72 55 56 83 93 73 93 105 89 6859 50 56 103 73 61 66 69 108 84 73 66 78 79 80 80Adult: Capias 515 621 794 780 705 582 678 574 643 629 650 676 685627 810 818 834 886 869 897 825 825 97 70 58 78 66 288 200 112 26Adult: Show Cause 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 736 587 440 619386 419 504 586 664Adult: Civil Support 892 880 853 917 922 910 1150 1153 1104 1141 935 874 857 962 1050 1018 1074 977 958 1088 1007 871 733 591 589 555 573 653 577 501 425Adult: Prot Order - Fam Abuse 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 111 123 124 98 116 88 106 123 140Adult: Other 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 43 57 58 22 38 33 40 46 53Total Domestic 1742 1944 2193 2395 2365 2212 2587 2460 2441 2556 2167 2291 2244 2244 2476 2428 2477 2396 2368 2469 2314 2108 2120 1913 1709 1860 1737 1908 1808 1703 1597Grand Total Filings 3930 3975 4290 4620 4525 4372 4838 5041 4840 5003 4511 4500 4045 4367 4801 4589 4923 4422 4348 4725 44304291 4407 3956 4277 3880 3939 3965 3887 3796 3697COUNTY POPULATIONHistorical population July 1 intercensal estimates were obtained from the Weldon Cooper Center based on the actual census data for 1990, 2000, and 2010.Future population projections were calculated based on the population projections dated 2019 obtained from the University of Virginia Weldon Cooper Center, Demographics Research Group. (2019) for 2020, 2030, and 2040.Historical case filing data was obtained from the Virginia Supreme Court. 7.d.aPacket Pg. 91Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 60 =7.d.aPacket Pg. 92Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 61 JUVENILE AND DOMESTIC RELATIONS COURT CASE FILINGS2008 2013 2018 2023 2028 2033 2038Projected Change 2018 - 2038County Population63,516 63,167 61,640 61,122 60,694 60,049 59,259 -4%Case Filings Linear Trend4,923 4,291 3,939 4,253 4,277 4,300 4,32410% Fixed Ratio to County Population4,923 4,291 3,939 4,421 4,390 4,344 4,2879% Changing Ratio to County Population4,923 4,291 3,939 3,965 3,887 3,796 3,697-6%Average of three models4,213 4,185 4,147 4,1034%Average Case Filings per year Pittsylvania County (2014-18)2,923(4,092 filings/1.4 judges)Average Case Filings per Judge 22nd Judicial District (2018)3,003(12,012 filings/4 judges)Average Case Filings per Judge Statewide (2018)3,737444,645 filings/119 judgesAverage Case Filings per Judge for Planning3,221(average of Pittsylvania County, 22nd District, and State)Actual Projected7.d.aPacket Pg. 93Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities==^mmbkafu=`=====`lroq=`^pb=cfifkd=qobkap=October 16, 2019 Page 62 =====J&DR DISTRICT COURT2018Case FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredCase FilingsJudges Courtrooms RequiredBased on 2014-2018 Average Case Filings per Judge in Pittsylvania County (1.4 Judges)Average Pittsylvania County 2,923Linear4,253 1.5 2 4,277 1.5 2 4,300 1.5 2 4,324 1.5 2Fixed Ratio to Population 4,421 1.5 2 4,390 1.5 2 4,344 1.51 4,287 1.5 2Changing Ratio to Population 3,965 1.4 2 3,887 1.3 2 3,796 1.3 2 3,697 1.3 2Based on 2018 Average Case Filings per Judge in 22nd DistrictAverage 22nd District 3,003Linear4,253 1.4 2 4,277 1.4 2 4,300 1.4 2 4,324 1.4 2Fixed Ratio to Population 4,421 1.5 2 4,390 1.5 2 4,344 1.42 4,287 1.4 2Changing Ratio to Population 3,965 1.3 2 3,887 1.3 2 3,796 1.3 2 3,697 1.2 2Based on 2018 Average Case Filings per Judge StatewideAverage Statewide 3,737Linear4,253 1.1 2 4,277 1.1 2 4,300 1.2 2 4,324 1.2 2Fixed Ratio to Population 4,421 1.2 2 4,390 1.2 2 4,344 1.22 4,287 1.1 2Changing Ratio to Population 3,965 1.1 2 3,887 1.0 2 3,796 1.0 2 3,697 1.0 1Average of 2014-2018 Pittsylvania, 2018 22nd District, and 2018 State case filings per judge3,221Case Filings for Planning3,221 4,213 1.3 2 4,185 1.3 2 4,147 1.3 2 4,103 1.3 22028 2033 203820237.d.aPacket Pg. 94Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=a=====`lroqp=c^`fifqv=`lk`bmqr^i=mi^kë=October 16, 2019 Page 63 7.d.aPacket Pg. 95Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=a=====`lroqp=c^`fifqv=`lk`bmqr^i=mi^kë=October 16, 2019 Page 64 =7.d.aPacket Pg. 96Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=a=====`lroqp=c^`fifqv=`lk`bmqr^i=mi^kë=October 16, 2019 Page 65 =7.d.aPacket Pg. 97Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=a=====`lroqp=c^`fifqv=`lk`bmqr^i=mi^kë=October 16, 2019 Page 66 =7.d.aPacket Pg. 98Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=b=====`lroqp=c^`fifqv=`lk`bmqr^i=_radbq=bpqfj^qbp= October 16, 2019 Page 67 = = = = mfqqpvis^kf^=`lrkqv=`lroqp molgb`qba=_rfiafkd=`lkpqor`qflk=`lpq=bpqfj^qbp mobifjfk^ov=_radbq=bpqfj^qb g~åì~êó=NMI=OMNV kÉï=`çìêíë=C=g~áä=c~ÅáäáíáÉë `roobkq OMOO OMOQ OMOV `çãéçìåÇ=bëÅ~ä~íáçå=EéÉê=óÉ~êF MB PKPMB NKSMB NKMMB _ìáäÇáåÖ=`çåëíêìÅíáçå kÉï=`çìêí=c~Åáäáíó APMIRVMIMMM PPITNVIQQTA= PQIUMTINMNA= PSIRUOISNPA= kÉï=g~áä=c~Åáäáíó APMIMMMIMMM PPIMSVIMUUA= PQINPRITSRA= PRIUTTIMPOA= páíÉ=fãéêçîÉãÉåíë APIMVMIMMM PIQMSINNSA=== PIRNRIVUQA=== PISVRIPPQA=== kÉï=VNN=`ÉåíÉê ANIQTMIMMM NISOMIPURA=== NISTOISROA=== 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prjj^ov=lc=molgb`qba=_rfiafkd=qlq^i=molgb`q=_radbq mobifjfk^ov=_radbq=bpqfj^qb g~åì~êó=NMI=OMNV kÉï=`çìêíë=C=g~áä=c~ÅáäáíáÉë `roobkq OMOO OMOQ OMOV `çãéçìåÇ=bëÅ~ä~íáçå=EéÉê=óÉ~êF MB PKPMB NKSMB NKMMB _ìáäÇáåÖ=`çåëíêìÅíáçå kÉï=`çìêí=c~Åáäáíó QVITMRIMURA== kÉï=g~áä=c~Åáäáíó QSIRTQIMPOA== páíÉ=fãéêçîÉãÉåíë fåÅäìÇÉÇ=áå=`çìêí kÉï=VNN=`ÉåíÉê OIOSRISROA==== pÅÜççä=_ç~êÇ=Ñ~ÅáäáíáÉë= oÉäçÅ~íáçåLoÉåçî~íáçå TINSSIOORA==== `çããáëëáçåÉê=çÑ=íÜÉ=oÉîÉåìÉ=L= qêÉ~ëìêÉê=oÉäçÅ~íáçåLoÉåçî~íáçå OISRRIRMPA==== `çããìåáÅ~íáçåë=qçïÉê= oÉäçÅ~íáçå TPUINRNA====== mä~ååáåÖ=aÉé~êíãÉåí= oÉäçÅ~íáçåLoÉåçî~íáçå SNNIUOVA====== kÉï=j~áåíÉå~åÅÉ=c~Åáäáíó NIMQNIPUOA==== AM ANOIONPIMVM ARNIVTMITPU AQSIRTQIMPO 7.d.a Packet Pg. 100 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=b=====`lroqp=c^`fifqv=`lk`bmqr^i=_radbq=bpqfj^qbp= October 16, 2019 Page 69 = = = mfqqpvis^kf^=`lrkqv=`lroqp mobifjfk^ov=_radbq=bpqfj^qb g~åì~êó=NMI=OMNV kÉï=`çìêíë=c~Åáäáíó `lkpqor`qflk=`lpqp Åçëí=éÉê kÉï=`çìêíë=c~Åáäáíó UTIQMM pc=] APVUKOR APQIUMTINMN páíÉïçêâ=~ääçï~åÅÉ SKNU ~ÅêÉë ARSUIVOV APIRNRIVUQ m~êâáåÖ=ÅçåëíêìÅíáçå=~ääçï~åÅÉ=fåÅäìÇÉÇ=~ÄçîÉ `çåëíêìÅíáçå=`çëí=pìÄíçí~ä APUIPOPIMUR lqebo=`lpqp cìêåáíìêÉ=~ääçï~åÅÉ==EAORLpc=Ñçê=åÉï=ÄìáäÇáåÖ=çåäóF AOINVMIMMM dÉçíÉÅÜåáÅ~ä=ëíìÇó APRIMMM _çìåÇ~êó=~åÇ=íçéçÖê~éÜáÅ=ëìêîÉó AQRIMMM qÉëíáåÖ=~åÇ=áåëéÉÅíáçåë==ENB=çÑ=ÅçåëíêìÅíáçå=ÅçëíF APUQIMMM ^êÅÜLbåÖLcìêåáíìêÉ=ÇÉëáÖå=ëÉêîáÅÉë=EUB=çÑ=ÅçåëíêìÅíáçå=Åçëí=C=ÑìêåáíìêÉ=~ääçï~åÅÉF APIOQNIMMM `çããáëëáçåáåÖ=ëÉêîáÅÉë ARMIMMM a~í~LqÉäÉéÜçåÉ=~ääçï~åÅÉ==EOB=çÑ=ÄìáäÇáåÖ=ÅçåëíêìÅíáçå=ÅçëíF ASVTIMMM jçîáåÖ=ÉñéÉåëÉë=~ääçï~åÅÉ AOMIMMM i~åÇ=~Åèìáëáíáçå åçí=êÉèìáêÉÇ ^êÅÜ~ÉçäçÖó åçí=áåÅäìÇÉÇ mÉêãáííáåÖ=~åÇ=ìíáäáíó=ÅçååÉÅíáçå=ÑÉÉ=~ääçï~åÅÉ ANMMIMMM lÑÑëáíÉ=salq=êç~Ç=áãéêçîÉãÉåíë==~ääçï~åÅÉ ANMMIMMM lÑÑëáíÉ=ìíáäáíó=áãéêçîÉãÉåíë==åçí=áåÅäìÇÉÇ iÉÖ~ä=ÉñéÉåëÉë åçí=áåÅäìÇÉÇ 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Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities ^mmbkafu=f=====`ljjrkfqv=_^pba=`loob`qflkp=mi^k=J=kbbap=^ppbppjbkq= October 16, 2019 Page 86 = = 7.d.a Packet Pg. 118 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: PITTSYLVANIA COUNTY Community Based Corrections Plan Needs Assessment May 31, 2018 7.d.a Packet Pg. 119 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 2 Table of Contents Section Page Summary of Findings 2 Section 1: Criminal Justice Trends 9 Section 2: Jail Population 28 Section 3: Jail Facility Layout and Jail-Based Programs 38 Section 4: Community Based Programs 52 Section 5: Inmate Population Forecast 66 Section 6: Summary and Recommendations 73 7.d.a Packet Pg. 120 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 3 Summary of Findings Scope This Community Based Corrections Plan (CBCP) was prepared for the Pittsylvania County Jail This document presents summaries of criminal justice trends, programs and services in Pittsylvania County; the physical layout of existing jail; jail population trends; descriptions of persons confined in the existing jail; an inmate population forecast through the year 2032 Background The planning, design and reimbursement process for local and regional jail construction is governed by state statutes and regulations. The Commonwealth of Virginia will reimburse up to twenty-five percent (25%) of the approved cost of construction for expansion of a local or regional jail. The development of a Community-Based Corrections Plan is the first step in the process for requesting State reimbursement for the new construction or Jail expansion. The Plan is also required by any locality seeking to expand the capacity of its jail, regardless of whether or not State reimbursement is being requested. This plan has been initiated as part of the CBCP and Planning Study process. The requirements that govern the content and required analysis of a Community-Based Corrections Plan are defined in the Board of Corrections’ Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities. As a review of this report will support, this Plan meets the standards set forth in that document. The Community-Based Corrections Plan is required to contain “A statement identifying which Board of Corrections priority or priorities the plan and jail project addresses.” The funding priorities are provided in § 2.12 Funding Priorities of the Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities.  Based on the information contained in this document, this project satisfies the criteria for Priority 3 funding. Priority 3 funding is defined as the “Expansion of an existing local or regional jail correctional facility experiencing overcrowding which is expected to continue based upon factors described in the Community-Based Corrections Plan.” Findings The Pittsylvania County Jail, a three-story brick structure, is located in Chatham adjacent to the Court complex and the Sheriff’s Administrative Offices. Construction of the jail was completed in 1981. The structure consists of between 20,324 square feet (SF) and the rated capacity is thirty- six inmates. The jail is supervised and operated by the Pittsylvania County Sheriff’s Department, and the Sheriff is responsible for safety and security of the facility.  The Jail is operating with an average daily population that far exceeds its design capacity. As such, practically every area of the Jail is crowded, congested and deficiencies are noted in virtually all areas referenced in the Virginia Standards for local correctional facilities.  At the time that this study was initiated, the percentage of crowding in the Jail, as measured by the number of inmates for whom the Jail is responsible and the rated capacity of the Jail as established by the Department of Corrections the jail system was 7.d.a Packet Pg. 121 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 4 operating over 400% capacity (including inmates housed in other jails due to crowding) – one of the most crowded jails in the Commonwealth.  With a rated capacity of 36, the existing jail facility contains insufficient space to accommodate the number of persons incarcerated in jail today. The Jail is experiencing overcrowding that is expected to increase in the future. Criminal Justice Trends Reported Crime  The total number of criminal offenses reported to law enforcement has trended downward each year since 2012, by an average of 3.6% per year. There were fewer crimes reported to law enforcement in 2016 than reported in 2012. There were 1,498 crimes reported in 2012, and 1,264 crimes reported in 2016 – a decline of 234 offenses (-15.6%).  The number of crime incidents reported to law enforcement in the County decreased from 1,498 in 2012, to 1,264 in 2016 – a decline of 234 incidents and a 15.6% decrease. Adult Arrests  A total of 6,726 adult arrests were made by law enforcement in Pittsylvania County over the five year period ending 2016 – an average of approximately 1,350 per year.  Overall, adult arrests reported in 2016 were 15.7% below the number reported in 2012; there were 1,544 adult arrests in 2012, and 1,302 (242 fewer arrests) in 2016.  Between 2012-2016, the number of adults arrested in the County declined by an average of 3.4% per year; arrests in 2016 were 15.7% below the number reported in 2012. Arrests for all offense categories except violent crimes and vandalism declined between 2012- 2016.  Arrests for all offense categories (except violent crimes and vandalism) decreased between 2012 – 2016.  Arrests for the most serious offenses involving crimes against persons (murder, manslaughter, forcible rape, robbery and aggravated assault) increased modestly between 2012-2016 by 20.0% over the last five years. There were 35 arrests in 2012, and 42 arrests in 2016. Circuit Court Caseload Trends  Between 2009-2013, the number of commenced and concluded felony cases in the Circuit Court were approximately the same.  Criminal reinstatement cases are associated with felony and misdemeanor probation violation hearings. Between 2009-2013, the number of reinstatement hearings increased by 62.0%; the number of hearings associated with misdemeanor cases doubled between 2009-2013.  The Circuit Court appears to be processing criminal cases in an efficient manner. Based on the 60 day,120 day and 180 day felony and misdemeanor case processing benchmarks 7.d.a Packet Pg. 122 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 5 established by the Supreme Court, the Pittsylvania Court is concluding felony and misdemeanor cases faster than reported Statewide averages. Jail Population Trends  If the number of Pittsylvania County inmates housed in other jails is taken into account, the County is presently operating a local jail “system” that is at over 400% of rated capacity - likely the most overcrowded jail in the Commonwealth. On average, during the first seven months of FY-18, the County jail system has operated at 433% capacity.  Based on the number of inmates housed in the local facility alone, the County has operated a local jail that has been approximately 300% of rated capacity since at least 2013.  In January 2018, the Pittsylvania County jail was responsible for 160 inmates - 110 inmates in the Pittsylvania facility and 50 inmates incarcerated in Blue Ridge Regional Jail and Western Virginia Regional Jail.  Since July 2013, the number of persons incarcerated in the Pittsylvania Jail facility coupled with inmates held in other local jails due to crowding has not increased.  Since July 2012, the number of inmates confined in other jails (primarily Blue Ridge Regional Jail) due to crowding has ranged from a high of 76 in November 2014, to a low of 36 in February 2017.  While the County’s jail population is well above capacity, it has not increased over the last seven years. 0 50 100 150 200 250 Jun-12Sep-12Dec-12Mar-13Jun-13Sep-13Dec-13Mar-14Jun-14Sep-14Dec-14Mar-15Jun-15Sep-15Dec-15Mar-16Jun-16Sep-16Dec-16Mar-17Jun-17Sep-17Dec-17Pittsylvania County Total County Jail Population (2012-2018) Total County Jail Population Linear (Total County Jail Population) 7.d.a Packet Pg. 123 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 6 Confined Population Characteristics  On average, since 2014 the pretrial population confined in the local jail has represented approximately 37% of the jail population and 100% of the rated jail capacity; in FY-18 20.2% of the local jail population was in pretrial status.  The number of local responsible inmates (including misdemeanor, pretrial and local responsible categories) varied between 76 – 90 persons (between 68-79% of the total population) over the past five fiscal years.  The State Responsible inmate population as a proportion of the total population in the local jails has varied between 18% - 28% of over the past five years.  In FY-17 (the last full fiscal year where data were available), 23.2% of the inmate population in the local jail were State Responsible (sentenced State felon) inmates; 28.7% were in pretrial status. Existing Jail Facility  The Jail is operating with an average daily population that far exceeds its design capacity. As such, practically every area of the Jail is crowded, congested and deficiencies are noted in virtually all areas referenced in the Virginia Standards for local correctional facilities.  The existing facility if operated near the rated capacity of 36, generally does not pose any significant physical limitations relative to operations or security. The flow of arrestees from the sallyport to the booking/intake area is secure. The movement into and out of the jail from the transportation vehicle is within enclosed sallyports. The movement of inmates from the intake to the housing units and the movement from the cell block to the transportation area for movement to the courts is also secure.  Administrative space and ancillary resources are inadequate; the density of the detainees in general population housing, combined with the lack of program space contributes to the potential for management problems.  The program space, for an operating capacity of 36, is adequate. For the operating capacity, approximately 1,080 SF is required under the existing standards (including recreation space). However, for the number of inmates normally incarcerated, the existing program space is significantly undersized. For an inmate population of 110, 3,300 SF would be required.  For non-contact visiting, 3 spaces are provided and for contact (professional) visiting, 0 spaces are provided. The non-contact and contact visiting spaces are inadequate for both the rated capacity and for the existing leveling of crowding.  The intake/booking areas and holding cells are adequate (based on the Standards) for the rated capacity, but are not adequate for the number of inmates held in the facility. The areas devoted to the intake and processing of inmates do not pose any security concerns. 7.d.a Packet Pg. 124 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 7 Jail Based Programs  Jails across Virginia that operate the most robust jail-based programs have several important characteristics in common, they have: (1) sufficient space to provide programs and services (in both housing and support areas); (2) formed viable collaborations with community volunteer and community agency groups; (3) demonstrated commitments to providing programs and services to offenders through their jail operations, and (4) program options that have the support of key decision makers in their communities.  Due to space limitations associated with jail crowding, the Jail provides programs as space allows.  Programming is conducted in the program room/library. This space is approximately 8 x 10 SF and seats 20 people. Three linear tables accommodating five people each, a large wall chalk board, desk, podium and file cabinets are located in the space. Due to the visitation schedule, all programming is scheduled only on Monday, Tuesday and Wednesday each week. Inmate Population Forecast  The goal of the forecasting effort for the Pittsylvania County Jail is to provide a reasonable estimate of future population levels for planning purposes based on documented and defensible methods that minimize the probability of either under-projecting or over- projecting. In developing the forecast of the incarcerated population, a number of factors were considered. It is reasonable to expect that existing demand for jail bed space will continue in the future.  While the jail population significantly exceeds the rated capacity of the existing jail, the general trend in the population has a “downward drift.” The overall population has been relatively stable over the past six fiscal years and it is reasonable to assume that decision makers should plan a facility which will accommodate a jail population of 160 inmates. Conclusions and Recommendations The success of the operational personnel in overcoming the design and space problems are a credit to the Sheriff, jail administrators and the personnel working in the jail. However, the jail needs to be expanded to provide sufficient space to accommodate existing crowding that is expected to continue into the future, and to provide sufficient support and administrative space.  The need for an expansion of the jail capacity available to the Pittsylvania County Jail is documented in this report. The County does not have the operating capacity required to support the future incarceration needs.  The population forecast developed for the Jail does not indicate that the jail population will increase through the year 2032. However, a jail, designed and built in the early 1980’s is inadequate for the current and projected incarceration needs of Pittsylvania County. It does not contain sufficient space for the number of offenders incarcerated there to meet the current program and operational standards of the Board of Corrections. Virtually all areas of the facility are congested. 7.d.a Packet Pg. 125 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 8  County decision makers should focus on providing sufficient space to accommodate an operating capacity of 160 general population beds and expand local programming in the areas of Alternative Sentencing, Work Release, Reentry and Pre-trial to better ensure that any future jail population growth will not exceed the planning projections. The required number of general population beds, the security mix, temporary holding spaces, special purpose cells, visiting spaces, multipurpose and recreational space and food service area for a given general population capacity are detailed in the Standards for Design, Construction and Reimbursement of Local Correctional Facilities - Part V. For a facility with a general population capacity of 160), the following cell/bed counts and other areas are required by the Standards, unless documentation can be provided that supports deviations from these security level breakouts. General Population Cell/Bed Count for Operating Capacity of 160 Item Security Level Total Maximum Medium Minimum (20%) (40%) (20%) Beds/Cells 32 64 64 160 Allowable range 29-35 58-71 58-71 Maximum Beds/Housing unit 12 24 24 n/a % multiple occupancy (maximum) 0% 50% 100% n/a In addition, should decision makers decide to continue to operate a local jail to house its total jail population, the following recommendations are offered for consideration:  At least 50% of the minimum security general population beds should be dormitory style. Consideration should be given to 75% - 100% of the minimum security general population beds in dormitory style.  A maximum of 50% of the medium security capacity can be designed as multiple occupancy cells or rooms; at least 50% of the general population housing for medium security detainees must be single occupancy cells.  Outdoor and indoor recreation areas must be provided.  A Work Release Housing Unit should be included in the expansion of the Jail. The work release component should be separated from the general population to minimize the opportunities for introduction of contraband into general population housing units.  Consideration should be given to requesting approval for creating part of the capacity as a community custody facility. This facility (or section of the new facility) would accommodate work release offenders and individuals serving weekend sentences. 7.d.a Packet Pg. 126 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 9  Not less than 15,000 SF should be devoted to program space (multipurpose rooms, classrooms, counseling, recreation, etc.).  Attention should be given to designing space for the jail’s various existing and anticipated education, counseling and training programs. While the standards do not specify any percentage breakdown between the male and female general population capacity, typically designs for females are between 13% - 15% of the total operating capacity of a new facility. 7.d.a Packet Pg. 127 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 10 Section 1 Criminal Justice System Trends 7.d.a Packet Pg. 128 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 11 Criminal Justice System Trends This section of the report presents an analysis of the criminal justice system data associated with reported crime, crime rates, adult arrests and circuit court caseloads for Pittsylvania County. The information in this section of the report was obtained primarily from the Crime in Virginia report published annually by the Virginia State Police and the Commonwealth of Virginia’s Circuit Court Caseload Reporting System maintained by the Office of the Executive Secretary, Supreme Court of Virginia. Both the annual reports from the State Police and the Circuit Court Caseload Reporting System are based on information submitted by County Sheriff's Department and Circuit Court. This section is organized as follows:  Section A, presents an overview of crime trends and law enforcement resources for the five year period ending in calendar year 2016.  Section B, presents trends in adult arrests over a five year period for both Group A (more serious) and Group B (less serious) offenses.  Section C, presents a review of the Circuit Court criminal caseload activity and case processing times between 2009 - 2013. (Note: these years were the most recent data available in the form required by the Standards) Section A – Reported Crime, Crime Rates & Law Enforcement Personnel The State Police reports both “Crime Incidents” and “Crime Offenses.” Multiple offenses can be associated with a single incident. When the number of incidents are expressed as a "rate/100,000 population", it is referred to as the incident rate. The difference is that the rate, by incorporating the civilian population into the calculation, allows comparisons with prior years (by adjusting for population changes) and to other jurisdictions (by adjusting for differences in the total civilian population). Reported Crime  Significant Finding: The total number of criminal offenses reported to law enforcement has trended downward each year since 2012, by an average of 3.6% per year. There were fewer crimes reported to law enforcement in 2016 than reported in 2012. There were 1,498 crimes reported in 2012, and 1,264 crimes reported in 2016 – a decline of 234 offenses (-15.6%). Summaries of crime trends are displayed for Pittsylvania County in the text, tables and Exhibits that follow. Pittsylvania County  Five offense categories represented approximately 75% of all reported crime in Pittsylvania County in 2016 – the most recent year for which data are available. The top five most frequently reported criminal offenses in 2016 were: Simple Assault (24.6% of 7.d.a Packet Pg. 129 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 12 offenses); Drugs (17.7%); Vandalism (11.2%), Larceny (10.4%), and Burglary (9.3% of offenses).  Reported Drug and Narcotic offenses represented 12.6% of reported offenses in 2012 and 17.7% of reported offenses in 2016.  The number of crime incidents reported to law enforcement in the County decreased from 1,498 in 2012, to 1,264 in 2016 – a decline of 234 incidents and a 15.6% decrease.  Reported crime decreased over the five year period ending 2016 in most offense categories. Noteworthy increases in reported offense categories over the past five years are observed in the categories of Fraud (N=117) (+216.2%), “Other” Forcible Sex Offenses (N=46) (+84.0%), Pornography (N=15) (+114.3%) and Drug/Narcotic Offenses (N=224) (+18.5%). 0 100 200 300 400 500 2012 2013 2014 2015 2016 Pittsylvania County Trends in Most Frequent Reported Criminal Offenses (2012-2016) Larceny Simple Assault Drugs Burglary Vandalism 7.d.a Packet Pg. 130 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 13  While the general population of the County declined by 7.4% between 2012-2016, reported crime declined by half this growth; taking into account the change in population in the County, the reported crime rate per 100,000 persons living in the County declined by 7.4% between 2012 – 2016.  The number of Drug/Narcotic offenses reported to law enforcement increased from 189 in 2012, to 224 in 2016 – an increase of 18.5% over the five year period.  The number of violent criminal offenses (murder, rape, robbery, kidnapping, forcible sex offenses and arson) reported to law enforcement increased from 70 in 2012, to 106 in 2016 – an increase of 51.4%. 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 2012 2013 2014 2015 2016 Pittsylvania County Crimes Reported to Law Enforcement 2012-2016 Crimes 0 500 1,000 1,500 2,000 2,500 2012 2013 2014 2015 2016 Pittsylvania County Crime Rate per 100,000 Residents 2012-2016 Crime Rate 7.d.a Packet Pg. 131 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 14  Detailed crime data for the year five year period ending in 2016 is displayed in the following tables. 0 50 100 150 200 250 300 2012 2013 2014 2015 2016 Pittsylvania County Violent Crime and Drug Crimes (2012-2016) Drug/Narcotic Offenses Violent 7.d.a Packet Pg. 132 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 15 Pittsylvania County 2012 - 2016 Crimes Reported to Law Enforcement 2012 2013 2014 2015 2016 Population 59,323 59,140 59,520 59,253 58,611 Incident Rate/100,000 2,185 2,340 1,934 2,007 2,024 Total Incidents 1,339 1,466 1,238 1,267 1,156 Murder/Manslaughter 1 1 0 8 2 Kidnapping/Abduction 9 3 1 8 4 Forcible Rape 6 11 8 11 10 Other Forcible Sex Offenses 25 53 36 34 46 Robbery 8 4 6 5 2 Aggravated Assault 15 32 22 35 29 Simple Assault 379 386 294 294 311 Arson 6 14 13 8 13 Extortion 0 0 0 0 1 Burglary 192 197 144 137 118 Larceny 358 322 261 254 132 Auto Theft 31 35 23 25 30 Forgery 9 16 13 8 14 Fraud 37 108 107 98 117 Embezzlement 5 6 2 1 4 Stolen Property 0 2 1 3 3 Vandalism 170 163 158 132 142 Drug/Narcotic Offenses 189 221 204 269 224 Non-forcible Sex Offenses 1 0 1 0 3 Pornography 7 14 12 10 15 Gambling 0 0 0 0 0 Prostitution 0 0 8 1 1 Bribery 0 0 0 1 0 Weapon Law Violation 50 44 36 44 43 Total 1,498 1,632 1,350 1,386 1,264 Change -- 8.9% -17.3% 2.7% -8.8% 7.d.a Packet Pg. 133 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 16 Pittsylvania County 2012 - 2016 Percent of Crimes by Category Reported to Law Enforcement 2012 2013 2014 2015 2016 Population 59,323 59,140 59,520 59,253 58,611 Incident Rate/100,000 2,185 2,340 1,934 2,007 2,024 Total Incidents 1,339 1,466 1,238 1,267 1,156 Murder/Manslaughter 0.1% 0.1% 0.0% 0.6% 0.2% Kidnapping/Abduction 0.6% 0.2% 0.1% 0.6% 0.3% Forcible Rape 0.4% 0.7% 0.6% 0.8% 0.8% Other Forcible Sex Offenses 1.7% 3.2% 2.7% 2.5% 3.6% Robbery 0.5% 0.2% 0.4% 0.4% 0.2% Aggravated Assault 1.0% 2.0% 1.6% 2.5% 2.3% Simple Assault 25.3% 23.7% 21.8% 21.2% 24.6% Arson 0.4% 0.9% 1.0% 0.6% 1.0% Extortion 0.0% 0.0% 0.0% 0.0% 0.1% Burglary 12.8% 12.1% 10.7% 9.9% 9.3% Larceny 23.9% 19.7% 19.3% 18.3% 10.4% Auto Theft 2.1% 2.1% 1.7% 1.8% 2.4% Forgery 0.6% 1.0% 1.0% 0.6% 1.1% Fraud 2.5% 6.6% 7.9% 7.1% 9.3% Embezzlement 0.3% 0.4% 0.1% 0.1% 0.3% Stolen Property 0.0% 0.1% 0.1% 0.2% 0.2% Vandalism 11.3% 10.0% 11.7% 9.5% 11.2% Drug/Narcotic Offenses 12.6% 13.5% 15.1% 19.4% 17.7% Non-forcible Sex Offenses 0.1% 0.0% 0.1% 0.0% 0.2% Pornography 0.5% 0.9% 0.9% 0.7% 1.2% Gambling 0.0% 0.0% 0.0% 0.0% 0.0% Prostitution 0.0% 0.0% 0.6% 0.1% 0.1% Bribery 0.0% 0.0% 0.0% 0.1% 0.0% Weapon Law Violation 3.3% 2.7% 2.7% 3.2% 3.4% Total 100.0% 100.0% 100.0% 100.0% 100.0% 7.d.a Packet Pg. 134 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 17 Law Enforcement Personnel Trends The number of law enforcement personnel in a locality has been shown to be related to arrest volume. In general arrest volume organically varies with the number of officers available to make arrests.  The number of law enforcement personnel in Pittsylvania County has not increased significantly since 2012.  The number of sworn law enforcement personnel in the County (including the Sheriff’s Office and Chatham, Gretna and Hurt Police Departments) increased from 121 officers in 2012, to 130 in 2016 – an increase of 7.4%. Pittsylvania County Total Sworn Officers Changes in Law Enforcement Resources (2012 - 2016) Change Jurisdiction 2012 2013 2014 2015 2016 Number Percent Pittsylvania County Sheriff's Office 112 114 118 118 122 10 8.9% Chatham PD 3 3 3 3 3 0 0.0% Gretna PD 4 4 4 4 3 -1 -25.0% Hurt PD 2 2 2 2 2 0 0.0% Total 121 123 127 127 130 9 7.4% Section B - Arrest Data Arrest data for calendar years 2012 through 2016 for Pittsylvania County is reported in Crime in Virginia reports issued by the Virginia State Police. Total adult arrests are reported by offense and summarized by Group A and Group B categories in the tables and exhibits that follow. Significant Finding: Between 2012-2016, the number of adults arrested in the County declined by an average of 3.4% per year; arrests in 2016 were 15.7% below the number reported in 2012. Arrests for all offense categories except violent crimes and vandalism declined between 2012-2016. Pittsylvania County  A total of 6,726 adult arrests were made by law enforcement in Pittsylvania County over the five year period ending 2016 – an average of approximately 1,350 per year.  Between 2012 – 2016, the number of adults arrested in the County decreased by an average of 3.4% per year. 7.d.a Packet Pg. 135 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 18  Overall, adult arrests reported in 2016 were 15.7% below the number reported in 2012; there were 1,544 adult arrests in 2012, and 1,302 (242 fewer arrests) in 2016.  Over the last five years the most frequently occurring specific reported arrest offense categories have been: (1) “All Other” (36.1% of the total); (2) Simple Assault (18.3% of the total); Drunkenness (7.6% of the total), and (3) Drug and Narcotic Crimes (7.5% of the total), and Drug Offenses (7.5% of total arrests). 0 200 400 600 800 1,000 1,200 1,400 1,600 2012 2013 2014 2015 2016 Pittsylvania County Total Adult Arrests (2012-2016) Total Adult Arrests 14.9% 18.3% 5.5% 7.5% 3.0% Most Frequest Arrest Groups Between 2012 - 2016 (Excluding "All Other" Arrests) Alcohol Simple Assault Larceny Drug/Narcotic Offenses Violent 7.d.a Packet Pg. 136 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 19  As seen in the chart that follows, the five year trend in Group A (more serious) adult arrests and Group B (less serious) arrests is nearly identical. For ease of analysis and presentation, the arrests for 2012-2016 are grouped into 10 broad categories.  Violent Crimes - Murder/Manslaughter, Kidnapping/Abduction, Forcible Rape, Other Forcible Sex Offenses, Robbery and Aggravated Assault.  Simple Assault  Burglary  Larceny  Destruction/Damage/Vandalism of Property  Drug/Narcotic Offenses  Other Property - Arson, Extortion/Blackmail; Motor Vehicle Theft, Counterfeiting/Forgery, Fraud, Embezzlement, Stolen Property, Bribery, and Bad Checks.  Other Sex Offenses - Non-forcible Sex Offenses, Pornography, Prostitution, and Family Offenses  Alcohol Related – DUI, Drunkenness, and Liquor Law Violations  All others - Gambling, Weapon Law Violations, Curfew, Disorderly Conduct, Peeping Tom, Runaway, Trespass, Conspiracy and all others (except traffic). The number of arrests and the percent of the total represented by each crime type for the County are presented in the two tables and exhibits that follow. 0 200 400 600 800 1,000 2012 2013 2014 2015 2016 Pittsylvania County Five Year Trends in Group A and Group B Arrest Categories TOTAL GROUP A TOTAL GROUP B 7.d.a Packet Pg. 137 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 20 Pittsylvania County Adult Arrests by Category (2012-2016) Number Percent Offense Category 2012 2013 2014 2015 2016 TOTAL Change Change Violent 35 34 45 46 42 202 7 20.0% Simple Assault 303 291 222 196 218 1,230 -85 -28.1% Weapon Law Violations 26 25 12 20 21 104 -5 -19.2% Burglary 39 34 29 24 34 160 -5 -12.8% Larceny 89 85 65 62 70 371 -19 -21.3% Vandalism 37 25 21 13 40 136 3 8.1% Drug/Narcotic Offenses 120 89 108 85 103 505 -17 -14.2% All Other (Except Traffic) 500 541 432 477 480 2,430 -20 -4.0% Alcohol 242 230 206 132 190 1,000 -52 -21.5% Other 153 149 112 70 104 588 -49 -32.0% Total 1,544 1,503 1,252 1,125 1,302 6,726 -242 -15.7%  Arrests for the most serious offenses involving crimes against persons (murder, manslaughter, forcible rape, robbery and aggravated assault) increased modestly between 2012-2016 by 20.0% over the last five years. There were 35 arrests in 2012, and 42 arrests in 2016.  Arrests for all offense categories (except violent crimes and vandalism) decreased between 2012 – 2016.  The percentage of arrests by major category for the five year study period are depicted in the table that follows. The “all other offenses” arrest category, which accounts for about a third of all arrests in Pittsylvania County is the single largest category. This category generally includes less serious offenses such as (but not limited to) abduction, bigamy, blackmail, contempt of court, probation/parole violations, perjury, possession of burglary tools and trespassing. Pittsylvania County Adult Arrests by Category (2012-2016) Offense Category 2012 2013 2014 2015 2016 TOTAL Violent 2.3% 2.3% 3.6% 4.1% 3.2% 3.0% Simple Assault 19.6% 19.4% 17.7% 17.4% 16.7% 18.3% Weapon Law Violations 1.7% 1.7% 1.0% 1.8% 1.6% 1.5% Burglary 2.5% 2.3% 2.3% 2.1% 2.6% 2.4% Larceny 5.8% 5.7% 5.2% 5.5% 5.4% 5.5% Vandalism 2.4% 1.7% 1.7% 1.2% 3.1% 2.0% Drug/Narcotic Offenses 7.8% 5.9% 8.6% 7.6% 7.9% 7.5% All Other (Except Traffic) 32.4% 36.0% 34.5% 42.4% 36.9% 36.1% Alcohol 15.7% 15.3% 16.5% 11.7% 14.6% 14.9% Other 9.9% 9.9% 8.9% 6.2% 8.0% 8.7% Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 7.d.a Packet Pg. 138 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 21 Pittsylvania County 2012 - 2016 Adult Arrests by Offense Offense 2012 2013 2014 2015 2016 Total Murder/Manslaughter 1 2 2 1 4 10 Kidnapping/Abduction 6 3 4 8 11 32 Sex Offenses, Forcible 8 8 4 9 2 31 Robbery 4 5 3 0 0 12 Aggravated Assault 16 16 32 28 25 117 Simple Assault/Intimidation 303 291 222 196 218 1,230 Arson 1 2 0 1 3 7 Extortion/Blackmail 0 0 0 0 0 0 Burglary 39 34 29 24 34 160 Larceny 89 85 65 62 70 371 Motor Vehicle Theft 5 3 2 3 1 14 Counterfeiting/Forgery 3 2 1 7 1 14 Fraud 1 3 5 5 3 17 Embezzlement 3 2 0 3 1 9 Stolen Property 1 0 0 2 2 5 Vandalism 37 25 21 13 40 136 Drug/Narcotic Offenses 120 89 108 85 103 505 Sex Offenses, Nonforcible 0 2 0 1 3 6 Pornography 1 1 1 1 1 5 Gambling 2 0 0 0 0 2 Prostitution 0 0 10 0 2 12 Bribery 0 0 0 0 0 0 Weapon Law Violations 26 25 12 20 21 104 TOTAL GROUP A 666 598 521 469 545 2,799 Bad Checks 38 11 17 3 8 77 Curfew/Loitering/Vagrancy 0 0 0 0 0 0 Disorderly Conduct 5 10 4 3 2 24 Driving Under the Influence 96 95 82 73 101 447 Drunkenness 138 122 116 56 80 512 Family Offenses, Nonforcible 48 69 44 20 30 211 Liquor Law Violations 8 13 8 3 9 41 Peeping Tom 2 0 0 0 1 3 Runaway 0 0 0 0 0 0 Trespass of Real Property 43 44 28 21 46 182 Conspiracy 0 0 0 0 0 0 All Other (except Traffic) 500 541 432 477 480 2,430 TOTAL GROUP B 878 905 731 656 757 3,927 Grand Total 1,544 1,503 1,252 1,125 1,302 6,726 7.d.a Packet Pg. 139 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 22 Pittsylvania County 2012 - 2016 Adult Arrests by Offense Percentages Offense 2012 2013 2014 2015 2016 Total Murder/Manslaughter 0.1% 0.1% 0.2% 0.1% 0.3% 0.1% Kidnapping/Abduction 0.4% 0.2% 0.3% 0.7% 0.8% 0.5% Sex Offenses, Forcible 0.5% 0.5% 0.3% 0.8% 0.2% 0.5% Robbery 0.3% 0.3% 0.2% 0.0% 0.0% 0.2% Aggravated Assault 1.0% 1.1% 2.6% 2.5% 1.9% 1.7% Simple Assault/Intimidation 19.6% 19.4% 17.7% 17.4% 16.7% 18.3% Arson 0.1% 0.1% 0.0% 0.1% 0.2% 0.1% Extortion/Blackmail 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Burglary 2.5% 2.3% 2.3% 2.1% 2.6% 2.4% Larceny 5.8% 5.7% 5.2% 5.5% 5.4% 5.5% Motor Vehicle Theft 0.3% 0.2% 0.2% 0.3% 0.1% 0.2% Counterfeiting/Forgery 0.2% 0.1% 0.1% 0.6% 0.1% 0.2% Fraud 0.1% 0.2% 0.4% 0.4% 0.2% 0.3% Embezzlement 0.2% 0.1% 0.0% 0.3% 0.1% 0.1% Stolen Property 0.1% 0.0% 0.0% 0.2% 0.2% 0.1% Vandalism 2.4% 1.7% 1.7% 1.2% 3.1% 2.0% Drug/Narcotic Offenses 7.8% 5.9% 8.6% 7.6% 7.9% 7.5% Sex Offenses, Nonforcible 0.0% 0.1% 0.0% 0.1% 0.2% 0.1% Pornography 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% Gambling 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% Prostitution 0.0% 0.0% 0.8% 0.0% 0.2% 0.2% Bribery 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Weapon Law Violations 1.7% 1.7% 1.0% 1.8% 1.6% 1.5% TOTAL GROUP A 43.1% 39.8% 41.6% 41.7% 41.9% 41.6% Bad Checks 2.5% 0.7% 1.4% 0.3% 0.6% 1.1% Curfew/Loitering/Vagrancy 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Disorderly Conduct 0.3% 0.7% 0.3% 0.3% 0.2% 0.4% Driving Under the Influence 6.2% 6.3% 6.5% 6.5% 7.8% 6.6% Drunkenness 8.9% 8.1% 9.3% 5.0% 6.1% 7.6% Family Offenses, Nonforcible 3.1% 4.6% 3.5% 1.8% 2.3% 3.1% Liquor Law Violations 0.5% 0.9% 0.6% 0.3% 0.7% 0.6% Peeping Tom 0.1% 0.0% 0.0% 0.0% 0.1% 0.0% Runaway 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Trespass of Real Property 2.8% 2.9% 2.2% 1.9% 3.5% 2.7% Conspiracy 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% All Other (except Traffic) 32.4% 36.0% 34.5% 42.4% 36.9% 36.1% TOTAL GROUP B 56.9% 60.2% 58.4% 58.3% 58.1% 58.4% Grand Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 7.d.a Packet Pg. 140 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 23 Section C - Circuit Court Data This section of the document presents a summary of annual Circuit Court case processing data associated with the Pittsylvania Circuit Court. The Circuit Courts are the trial courts in Virginia and have jurisdiction over felony trials, misdemeanor appeals and misdemeanor cases originating from grand jury indictments. Data concerning the judicial workload in the Pittsylvania Circuit were collected, analyzed, and the findings and conclusions are presented in this section of the report. Caseload Reporting by the Supreme Court changed in 2014. As the Standards associated with Community Based Corrections Plans are specific as to the type of data required, it was decided to present statistical data for the five year period 2009 through 2013 – the most recent years for which consistent data were available for the report. Circuit Court case processing times impact the amount of time that pretrial prisoners and persons awaiting probation revocation hearings remain incarcerated awaiting the outcomes of their trials or hearings, as well as the serving times for sentenced offenders awaiting appeals. Significant Finding: Criminal reinstatement cases are associated with felony and misdemeanor probation violation hearings. Between 2009-2013, the number of reinstatement hearings increased by 62.0%; the number of hearings associated with misdemeanor cases doubled between 2009-2013. Significant Finding: Case processing times for both misdemeanor and felony cases are well below Statewide averages the Circuit Court processes cases faster than the State average). 0 200 400 600 800 1,000 1,200 2009 2010 2011 2012 2013 Pittsylvania Circuit Court Commenced versus Concluded Felony Cases 2009-2013 Commenced Concluded 7.d.a Packet Pg. 141 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 24 Pittsylvania County - Circuit Court Caseload Statistics Five Year Change Category 2009 2010 2011 2012 2013 # % Commenced Cases Felony 1& 2 40 132 8 29 29 -11 -27.5% Other Felony 819 1,004 1,035 992 933 114 13.9% Misdemeanor 318 341 357 318 342 24 7.5% Total 1,177 1,477 1,400 1,339 1,304 127 10.8% Concluded Cases Felony 1& 2 43 91 85 28 18 -25 -58.1% Other Felony 790 992 957 1,096 947 157 19.9% Misdemeanor 302 343 316 315 316 14 4.6% Total 1,135 1,702 1,358 1,439 1,281 146 12.9% Reinstatement Cases Felony 246 423 340 364 377 131 53.3% Misdemeanor 41 53 53 72 88 47 114.6% Total 287 476 393 436 465 178 62.0% Number of Defendants Felony 329 260 299 306 242 -87 -26.4% Misdemeanor 143 171 115 119 140 -3 -2.1% Total 472 431 414 425 382 -90 -19.1% Number of Jury Trials Felony 20 13 11 13 12 -8 -- Misdemeanor 0 0 1 1 2 2 -- Total 20 13 12 14 14 -6 -- Commenced Criminal Cases  Between 2009 – 2013, the number of criminal cases commenced in the Circuit Court increased from 1,177 to 1,304 – an increase of 127 cases per year and 10.8% growth; since 2010 when a total of 1,477 commenced criminal cases were reported, the number of cases each year has varied between 1,400 – 1,304 cases.  The number of commenced felony criminal cases declined each year between 2010 – 2013 from 1,136 cases in 2010, to 962 cases in 2013 – a decrease of 174 cases.  The number of commenced misdemeanor cases commenced each year has remained fairly steady between 2009-2013.  Approximately 75% of commenced criminal cases are felony cases. Concluded Criminal Cases  The number of concluded felony and misdemeanor cases combined declined between 2010 and 2013 from 1,702 cases in 2010, to 1,281 in 2013.  Between 2009-2013, there was a 10.8% increase in total new criminal cases, and a 12.9% increase in concluded cases.  Between 2010-2013, the number of concluded criminal cases declined by 24.7%. Number of Defendants  There were 90 more circuit court criminal defendants reported in 2009 than were reported in the year 2013 – a 19.1% decrease in criminal defendants. 7.d.a Packet Pg. 142 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 25 Number of Criminal Reinstatement Cases  Probation Violators and persons admitted to jail for violating conditions of supervision represent one of the largest category of offenders admitted and confined in jail.  Criminal reinstatement cases are associated with felony and misdemeanor probation violators; between 2009 and 2013 the number of reinstatement cases increased from 287 in 2009, to 465 in 2013 – an increase of 62.0%.  The number of Misdemeanor reinstatement cases in Circuit Court nearly doubled between 2009 – 2013. The information presented in the following table displays caseload percentage statistics for the Pittsylvania Circuit Court. Pittsylvania County - Circuit Court Caseload Statistics Category 2009 2010 2011 2012 2013 Commenced Cases Felony 1& 2 3.4% 8.9% 0.6% 2.2% 2.2% Other Felony 69.6% 68.0% 73.9% 74.1% 71.5% Misdemeanor 27.0% 23.1% 25.5% 23.7% 26.2% Total 100.0% 100.0% 100.0% 100.0% 100.0% Concluded Cases Felony 1& 2 3.8% 5.3% 6.3% 1.9% 1.4% Other Felony 69.6% 58.3% 70.5% 76.2% 73.9% Misdemeanor 26.6% 20.2% 23.3% 21.9% 24.7% Total 100.0% 83.8% 100.0% 100.0% 100.0% Reinstatement Cases Felony 85.7% 88.9% 86.5% 83.5% 81.1% Misdemeanor 14.3% 11.1% 13.5% 16.5% 18.9% Total 100.0% 100.0% 100.0% 100.0% 100.0% Number of Defendants Felony 69.7% 60.3% 72.2% 72.0% 63.4% Misdemeanor 30.3% 39.7% 27.8% 28.0% 36.6% Total 100.0% 100.0% 100.0% 100.0% 100.0% Number of Jury Trials Felony 100.0% 100.0% 91.7% -- -- Misdemeanor 0.0% 0.0% 8.3% -- -- Total 100.0% 100.0% 100.0% -- -- 7.d.a Packet Pg. 143 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 26 Age of Concluded Felony Cases The age of concluded felony cases and the percentage represented by each case processing time category are presented in the following tables, followed by the data for misdemeanor cases.  The voluntary case processing time guidelines developed by the Supreme Court of Virginia suggest that 90% of all felony cases should be adjudicated or otherwise concluded within 120 days from the date of arrest, 98% within 180 days, and 100% within one year. Age of Concluded Felony Cases - Pittsylvania County Days 2009 2010 2011 2012 2013 0 to 60 368 438 360 403 445 61 to 120 165 339 286 266 212 121 to 180 138 146 215 156 138 181 to 365 128 136 145 236 152 365+ 34 24 27 63 18 Total 833 1,083 1,033 1,124 965  The percentage of felony cases concluded within 120 days has varied from between 59.5% in 2012, to 71.7% in 2010. These reported percentages are well above the reported statewide average.  In 2009, the Court concluded 80.6% of felony cases within 180 days. The percentage of felony cases concluded within 180 days in Pittsylvania County Circuit has consistently been ten to fifteen percent above the statewide average. Age of Concluded Felony Cases (%) - Pittsylvania County Days 2009 2010 2011 2012 2013 0 to 60 44.2% 40.4% 34.8% 35.9% 46.1% 61 to 120 19.8% 31.3% 27.7% 23.7% 22.0% 121 to 180 16.6% 13.5% 20.8% 13.9% 14.3% 181 to 365 15.4% 12.6% 14.0% 21.0% 15.8% 365+ 4.1% 2.2% 2.6% 5.6% 1.9% Total 100.0% 100.0% 100.0% 100.0% 100.0% The following two tables display the percentage of felony cases concluded within 120 and 180 days in the Pittsylvania Court compared to the State average and State benchmarks. Felony Cases Adjudicated or Otherwise Concluded Within 120 Days from the Date of Arrest Statistic/Year 2009 2010 2011 2012 2013 Guidelines 90.0% 90.0% 90.0% 90.0% 90.0% State Average 45.3% 45.2% 43.2% 41.9% 41.7% Pittsylvania 64.0% 71.7% 62.5% 59.5% 68.1% 7.d.a Packet Pg. 144 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 27 Felony Cases Adjudicated or Otherwise Concluded Within 180 Days from the Date of Arrest Statistic/Year 2009 2010 2011 2012 2013 Guidelines 98.0% 98.0% 98.0% 98.0% 98.0% State Average 64.6% 64.6% 63.3% 61.0% 61.2% Pittsylvania 80.6% 85.2% 83.3% 73.4% 82.4% Age of Concluded Misdemeanor Cases The voluntary case processing time guidelines developed by the Supreme Court of Virginia suggest that 90% of all misdemeanor cases should be adjudicated or otherwise concluded within 60 days from the date of arrest, and 100% within 90 days.  In 2013, 71.5% of misdemeanor cases were concluded within 60 days of arrest. Age of Concluded Misdemeanor Cases - Pittsylvania County Days 2009 2010 2011 2012 2013 0 to 60 205 221 191 175 226 61 to 120 64 71 77 67 53 121 to 180 14 13 25 18 15 181 to 365 11 28 13 47 11 365+ 8 10 10 8 11 Total 302 343 316 315 316 The percentage of misdemeanor cases concluded within 60 days of commencement is displayed in the following table and compared to the Statewide average.  Based on available data, the Pittsylvania Circuit Court misdemeanor case processing times are well above the reported statewide averages. Age of Concluded Misdemeanor Cases (%) - Pittsylvania County Days 2009 2010 2011 2012 2013 0 to 60 67.9% 64.4% 60.4% 55.6% 71.5% 61 to 120 21.2% 20.7% 24.4% 21.3% 16.8% 121 to 180 4.6% 3.8% 7.9% 5.7% 4.7% 181 to 365 3.6% 8.2% 4.1% 14.9% 3.5% 365+ 2.6% 2.9% 3.2% 2.5% 3.5% Total 100.0% 100.0% 100.0% 100.0% 100.0% 7.d.a Packet Pg. 145 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 28 Misdemeanor Cases Adjudicated or Otherwise Concluded Within 60 Days from the Date of Arrest Statistic/Year 2009 2010 2011 2012 2013 Guidelines 90.0% 90.0% 90.0% 90.0% 90.0% State Average 50.7% 48.6% 46.7% 45.8% 45.6% Pittsylvania 67.9% 64.4% 60.4% 55.6% 71.5% 7.d.a Packet Pg. 146 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 29 Section 2 Confined Jail Population 7.d.a Packet Pg. 147 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 30 Pittsylvania County Jail Inmate Population Trends The other sections of this report summarize the condition and incarceration capacity of the Jail, review crime and arrest trends, and quantify the changes in Circuit Court Criminal caseloads. This section will summarize changes in the number of persons held in the Jail, and documents changes in the composition of the confined population. Significant Finding: If the number of Pittsylvania County inmates housed in other jails is taken into account, the County is presently operating a local jail “system” that is at over 400% of rated capacity - likely the most overcrowded jail in the Commonwealth. On average, during the first seven months of FY-18, the County jail system has operated at 433% capacity.  The Pittsylvania County Jail has a rated capacity of 36 inmates as established by the Virginia DOC. The facility has consistently operated at well over rated capacity for many years.  Pittsylvania County is responsible for an inmate population confined in the Pittsylvania County Jail as well as County inmates confined in other jails due to crowding. Currently, upwards of 110 inmates are housed in the local facility.  Based on the number of inmates housed in the local facility alone, the County has operated a local jail that has been approximately 300% of rated capacity since at least 2013. Pittsylvania County Jail Population by Month: In House Population Percentage of Rated Capacity (FY 2013 - FY 2018) FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 342.2% 330.5% 334.5% 289.3% 311.8% 248.2% August 339.2% 314.1% 298.3% 284.8% 317.9% 313.3% September 336.1% 319.5% 312.0% 310.0% 287.7% 309.9% October 333.1% 289.8% 311.3% 312.4% 309.4% 308.7% November 330.0% 294.2% 286.2% 326.2% 300.1% 306.2% December 327.0% 284.9% 277.3% 322.9% 295.8% 294.4% January 323.9% 303.8% 292.8% 302.5% 284.3% 305.6% February 320.9% 307.5% 293.9% 321.3% 310.3% -- March 317.9% 314.3% 326.7% 349.6% 326.3% -- April 314.8% 321.6% 326.5% 343.9% 314.2% -- May 308.7% 332.4% 318.0% 306.7% 305.4% -- June 308.7% 341.4% 302.4% 294.3% 288.6% -- Average 325.2% 312.8% 306.7% 313.7% 304.3% 298.0% 7.d.a Packet Pg. 148 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 31  In January 2018, the Pittsylvania County jail was responsible for 160 inmates - 110 inmates in the Pittsylvania facility and 50 inmates incarcerated in Blue Ridge Regional Jail and Western Virginia Regional Jail.  On average, during the first seven months of FY-18, the County jail system has operated at 433% capacity, based on total jai population. Pittsylvania County Jail Population by Month: Total Population Percentage of Rated Capacity (FY 2013 - FY 2018) FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 499.3% 480.7% 529.1% 414.0% 458.4% 418.4% August 500.7% 476.7% 497.0% 417.0% 461.7% 440.4% September 512.0% 473.4% 501.6% 471.7% 437.6% 436.9% October 513.0% 429.7% 515.2% 466.0% 468.6% 431.5% November 519.8% 426.1% 497.8% 475.7% 474.7% 431.3% December 514.7% 419.1% 468.9% 483.7% 477.6% 428.6% January 524.8% 431.4% 471.8% 452.8% 424.3% 444.1% February 502.3% 424.5% 461.2% 456.6% 411.6% -- March 495.7% 438.8% 475.9% 469.2% 447.5% -- April 487.9% 463.5% 480.5% 469.3% 437.0% -- May 461.0% 477.1% 461.7% 441.7% 440.6% -- June 441.3% 505.2% 431.4% 435.3% 422.2% -- Average 497.7% 453.9% 482.7% 454.4% 446.8% 433.0%  Since July 2013, the number of persons incarcerated in the Pittsylvania Jail facility coupled with inmates held in other local jails due to crowding has not increased. The following tables present monthly average populations for: (1) inmates housed in the Pittsylvania County Jail, (2) inmates housed in other jails due to crowding, and the total Pittsylvania County-responsible population. 7.d.a Packet Pg. 149 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 32 Local Jail Facility Inmate Population Trends  The number of persons confined in the local Jail has remained steady since the beginning of FY-13. Pittsylvania County Jail Population by Month: In House Population FY 2013 - FY 2018 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 123.2 119.0 120.4 104.1 112.3 89.4 August 122.1 113.1 107.4 102.5 114.5 112.8 September 121.0 115.0 112.3 111.6 103.6 111.6 October 119.9 104.3 112.1 112.5 111.4 111.1 November 118.8 105.9 103.0 117.4 108.0 110.2 December 117.7 102.6 99.8 116.3 106.5 106.0 January 116.6 109.4 105.4 108.9 102.4 110.0 February 115.5 110.7 105.8 115.7 111.7 -- March 114.4 113.2 117.6 125.9 117.5 -- April 113.3 115.8 117.5 123.8 113.1 -- May 111.1 119.7 114.5 110.4 109.9 -- June 111.1 122.9 108.9 105.9 103.9 -- Average 117.1 112.6 110.4 112.9 109.6 107.3 Change -- -4.5 -2.2 2.5 -3.4 -2.3 Maximum 123.2 122.9 120.4 125.9 117.5 112.8 Minimum 111.1 102.6 99.8 102.5 102.4 89.4  At the end of fiscal year 2013, there were 111 inmates incarcerated in the main jail; at the end of January 2018, there were 110 prisoners incarcerated. . 0 20 40 60 80 100 120 140 Jun-12Sep-12Dec-12Mar-13Jun-13Sep-13Dec-13Mar-14Jun-14Sep-14Dec-14Mar-15Jun-15Sep-15Dec-15Mar-16Jun-16Sep-16Dec-16Mar-17Jun-17Sep-17Dec-17Pittsylvania County Jail Inmates Housed in the Local Jail (2012-2018) 7.d.a Packet Pg. 150 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 33 Pittsylvania County Inmates Confined in Other Local Jails  Since July 2012, the number of inmates confined in other jails (primarily Blue Ridge Regional Jail) due to crowding has ranged from a high of 76 in November 2014, to a low of 36 in February 2017. Pittsylvania County Jail Population by Month: Population in Other Jails FY 2013 - FY 2018 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 56.5 54.1 70.1 44.9 52.8 61.3 August 58.1 58.5 71.5 47.6 51.8 45.8 September 63.3 55.4 68.2 58.2 54.0 45.7 October 64.8 50.4 73.4 55.3 57.3 44.2 November 68.3 47.5 76.2 53.8 62.9 45.0 December 67.6 48.3 69.0 57.9 65.5 48.3 January 72.3 46.0 64.4 54.1 50.4 49.9 February 65.3 42.1 60.3 48.7 36.5 -- March 64.0 44.8 53.7 43.0 43.6 -- April 62.3 51.1 55.4 45.1 44.2 -- May 54.8 52.1 51.7 48.6 48.7 -- June 47.7 59.0 46.4 50.8 48.1 -- Average 62.1 50.8 63.4 50.7 51.3 48.6 Change -- -11.3 12.6 -12.7 0.6 -2.7 Maximum 72.3 59.0 76.2 58.2 65.5 61.3 Minimum 47.7 42.1 46.4 43.0 36.5 44.2  Over the past six fiscal years the annual average number of detainees housed in other local jails has varied between 48 and 63 per year. There were fewer Pittsylvania inmates confined other jails due to crowding in FY-18, then were reported in FY-13. 7.d.a Packet Pg. 151 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 34 Pittsylvania County Total Inmate Population The tables and graphs that follow display monthly population levels for the total Pittsylvania County inmate population, excluding federal inmates, for the period FY 2013 through FY 2018. Pittsylvania County Jail Population by Month: Total Population FY 2013 - FY 2018 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 179.8 173.1 190.5 149.0 165.0 150.6 August 180.2 171.6 178.9 150.1 166.2 158.5 September 184.3 170.4 180.6 169.8 157.5 157.3 October 184.7 154.7 185.5 167.8 168.7 155.3 November 187.1 153.4 179.2 171.3 170.9 155.3 December 185.3 150.9 168.8 174.1 171.9 154.3 January 188.9 155.3 169.8 163.0 152.7 159.9 February 180.8 152.8 166.0 164.4 148.2 -- March 178.5 158.0 171.3 168.9 161.1 -- April 175.6 166.9 173.0 168.9 157.3 -- May 166.0 171.7 166.2 159.0 158.6 -- June 158.9 181.9 155.3 156.7 152.0 -- Average 179.2 163.4 173.8 163.6 160.9 155.9 Change -- -15.8 10.4 -10.2 -2.7 -5.0 Maximum 188.9 181.9 190.5 174.1 171.9 159.9 Minimum 158.9 150.9 155.3 149.0 148.2 150.6  On average in FY-13 the total inmate population was 23 inmates higher than was reported over the first seven months of FY-18. The total population declined by an average of 4.7 inmates per year between FY-13 and FY-18. 0 20 40 60 80 Jun-12Oct-12Feb-13Jun-13Oct-13Feb-14Jun-14Oct-14Feb-15Jun-15Oct-15Feb-16Jun-16Oct-16Feb-17Jun-17Oct-17Pittsylvania County Inmates Housed in Other Jails (2012-2018) Housed in Other jails 7.d.a Packet Pg. 152 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 35 The monthly trend in inmate population growth (including Blue Ridge and Western VA inmates) from 2012-2018 is displayed in the following exhibit.  While the County’s jail population is well above capacity, it has not increased over the last seven years. 0 50 100 150 200 250 Jun-12Sep-12Dec-12Mar-13Jun-13Sep-13Dec-13Mar-14Jun-14Sep-14Dec-14Mar-15Jun-15Sep-15Dec-15Mar-16Jun-16Sep-16Dec-16Mar-17Jun-17Sep-17Dec-17Pittsylvania County Total County Jail Population (2012-2018) Total County Jail Population Linear (Total County Jail Population) 7.d.a Packet Pg. 153 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 36 Persons Confined in the Jail This section of the report contains trends in the average daily population of the Jail by confinement status for the fiscal years 2014-2018 (through November 2017) as reported by the State Compensation Board database. Inmate Population Trends by Confinement Status The data that follows provides a summary breakout of Jail population in the local jail for the years 2014 – 2018 (through November 2017) as required by the Standards. Note that this data does not include inmates housed in other jails due to crowding and only reflects the characteristics of offenders incarcerated at the main Jail. Pittsylvania County Jail Inmate Population by Confinement Status by Year Fiscal Year Category 2014 2015 2016 2017 2018 Rated Capacity 36 36 36 36 36 Pretrial 41.6 38.9 49.7 42.1 31.4 Local Responsible (LR) 27.1 20.8 21.1 27.2 25.7 Pending LR 5.6 7.4 6.5 5.6 7.1 Sentenced Misdemeanor 15.9 9.4 8.7 5.5 9.2 State Responsible (SR) 20.3 29.0 22.3 25.3 29.6 Pending SR 3.4 6.4 6.3 3.1 1.1 Total Ave. Daily Population 113.8 111.9 114.6 108.8 104.1  On average, the number of pretrial detainees housed in the local jail has averaged between 31 – 50 between FY-14 and FY-18.  The number of local responsible inmates (including misdemeanor, pretrial and local responsible categories) varied between 76 – 90 persons (between 68-79% of the total population) over the past five fiscal years. 7.d.a Packet Pg. 154 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 37  The unsentenced awaiting trial population (pretrial), as a percentage of the total jail population has varied between 30.2% - 43.4% of the total local jail population over the past five years. 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 2014 2015 2016 2017 2018 Pittsylvania County Jail In-House Population by Sentenced Status (2014-2018) Pretrial Sentenced 25.0 26.0 27.0 28.0 29.0 30.0 31.0 32.0 33.0 2014 2015 2016 2017 2018 Pittsylvania County Jail Local Responsible (LR) Inmate Population (2014-2018) 7.d.a Packet Pg. 155 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 38 Pittsylvania County Jail Inmate Population Breakdown by Year Fiscal Year Category 2014 2015 2016 2017 2018 Rated Capacity 36 36 36 36 36 Pretrial 36.5% 34.7% 43.4% 38.7% 30.2% Local Responsible (LR) 23.8% 18.6% 18.4% 25.0% 24.7% Pending LR 4.9% 6.6% 5.7% 5.1% 6.8% Sentenced Misdemeanor 14.0% 8.4% 7.6% 5.0% 8.8% State Responsible (SR) 17.8% 25.9% 19.5% 23.2% 28.4% Pending SR 3.0% 5.7% 5.5% 2.8% 1.1% Total 100.0% 100.0% 100.0% 100.0% 100.0%  The pretrial population, as a percentage of the total jail population has not substantially changed over the five year period ending November 2017; this population comprised 36.5% of the total population in FY-14 and comprised 30.2% in FY-18.  The State Responsible inmate population as a proportion of the total population in the local jails has varied between 18% - 28% of over the past five years.  In FY-17 (the last full fiscal year where data were available) 23.2% of the inmate population in the local jail were State Responsible (sentenced State felon inmates); 28.7% were in pretrial status. 25% 23% 39% 5% 8% Pittsylvania County Jail FY-17 Inmate Population by Status Local Responsible (LR)State Reponsible (SR) Pretrial Sentenced Misd Other 7.d.a Packet Pg. 156 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 39 Section 3 Jail Facility Layout and Jail-Based Programs 7.d.a Packet Pg. 157 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 40 This chapter of the Community-Based Corrections Plan presents a description of the existing County jail facility and a summary of jail-based programming. Significant Finding: The Jail is operating with an average daily population that far exceeds its design capacity. As such, practically every area of the Jail is crowded, congested and deficiencies are noted in virtually all areas referenced in the Virginia Standards for local correctional facilities. Significant Finding: Administrative space and ancillary resources are inadequate; the density of the detainees in general population housing, combined with the lack of program space contributes to the potential for management problems. County Jail - General Description The Pittsylvania County Jail, a three-story brick structure, is located in Chatham adjacent to the Court complex and the Sheriff’s Administrative Offices. Construction of the jail was completed in 1981. The structure consists of between 17,500 – 20,324 square feet (SF) and the rated capacity is thirty-six inmates. The first floor of the jail contains the intake area, visiting area (three non- contact visitation spaces), administrative areas, laundry and kitchen. The second floor contains six jail blocks (6 cells each), and three segregation cells. The third level includes an outdoor recreation area (enclosed), and general storage areas. Pittsylvania County Jail Square Footage Area Indoor Enclosed First Floor 6,822 SF Vehicle Salleyport 729 SF Second Floor 6,822 SF Second Floor 2nd level cell blocks and walkway) 4,584 SF Third Floor 2,096 SF Recreation 1,142 SF Total 20,324 SF 1,871 SF The Jail houses pretrial and sentenced inmates (both local and state responsible awaiting transfer to the state system). Entrance for visitors and staff at the facility is from the front of the structure and is controlled by a separate “control room.” Inmates are moved into and out of the jail from an enclosed salleyport directly adjacent to the intake/holding area. Currently there approximately 110 inmates incarcerated in the Jail. In addition, over 50 Pittsylvania County inmates are held in the nearby Blue Ridge Regional Jail under a leased-bed arrangement. Date of Construction and Expansions/Renovations The Jail was opened in 1981. There have been no expansions. 7.d.a Packet Pg. 158 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 41 Operating Capacity and Facility Overview The Department of Corrections rated operating capacity for the Jail is 36. The capacity by cell block (no dormitories) and the occupancy on December 10, 2017 are presented in the tables that follows. Pittsylvania County Jail Operating Capacity Floor Block Usage # of Cells OC 2nd A Male 6 6 B Male 6 6 C Male 6 6 D Male 6 6 E Male 6 6 F Male 6 6 Male Operating Capacity 36 Female Operating Capacity 0 Total Operating Capacity 36 General Purpose Housing General purpose housing units are located on the 2nd floor.  6 cell blocks (no dormitories) are designated for general purpose housing.  4 intake cells and 3 isolation cells serve special purpose cells and are available for isolation/segregation assignment. Pittsylvania County Jail Capacity, Beds and Occupancy on 12-10-17 Cell Block Rated Capacity Beds Occupancy (12-10-17) A 6 12 15 B 6 12 20 C 6 12 19 D 6 12 13 E 6 12 18 F 6 12 15 Sub-Total 36 72 100 Holding 2 Medical 2 Total 104 7.d.a Packet Pg. 159 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 42 A breakout of the inmate population by floor, housing unit and cell block is displayed in the table that follows. Pittsylvania County Jail - Square Footage - Cell Blocks Cell Block Rated Capacity Square Footage SF/Inmate Capacity Occupancy (12-10-17) SF/Inmate Population (12-10-17) Cell Dayroom Cell Dayroom Cell Dayroom A 6 80.4 322 80.4 53.7 15 32.2 21.5 B 6 80.4 322 80.4 53.7 20 24.1 16.1 C 6 80.4 322 80.4 53.7 19 25.4 16.9 D 6 80.4 322 80.4 53.7 13 37.1 24.8 E 6 80.4 322 80.4 53.7 18 26.8 17.9 F 6 80.4 322 80.4 53.7 15 32.2 21.5 Special Purpose Cells There are a total of four intake cells and 3 segregation/isolation cells. Each segregation cell is approximately 75 SF and designed for inmates that require separation from the general population. Pittsylvania County Jail Special Purpose - Isolation/ Segregation Floor Current Usage Capacity1 # of Cells Occupancy SF/Cell Purpose Cell Designation (12-10-17) 1st Intake H-1 3 1 1 73.5 H-2 3 1 1 74 H-3 5 1 0 115 H-4 1 1 0 51 Total 12 4 2 n/a 2nd Segregation - Isolation I-1 1 1 1 78 I-2 1 1 0 72 I-3 1 1 1 71 Total 3 3 2 n/a Administrative, Operating and Inmate Program Space The administrative area is inadequate for the rated capacity and is significantly undersized for the administrative work required for the number of inmates who are normally incarcerated. Any 7.d.a Packet Pg. 160 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 43 expansion of the jail will require additional space for administrative, support and operational functions. The program space, for an operating capacity of 36, is adequate. For the operating capacity, approximately 1,080 SF is required under the existing standards (including recreation space). However, for the number of inmates normally incarcerated, the existing program space is significantly undersized. For an inmate population of 110, 3,300 SF would be required. For non-contact visiting, 3 spaces are provided and for contact (professional) visiting, 0 spaces are provided. The non-contact and contact visiting spaces are inadequate for both the rated capacity and for the existing leveling of crowding. The intake/booking areas and holding cells are adequate (based on the Standards) for the rated capacity, but are not adequate for the number of inmates held in the facility. The areas devoted to the intake and processing of inmates do not pose any security concerns. Program, administration, intake, food service, medical, visitation and laundry spaces are all inadequate for the number of inmates confined in the jail. All areas of the jail are crowded and congested. The following table displays the primary administrative and operating space by functional area and square footage. Pittsylvania County Jail Administration Space Function Sq. Ft. Administration 547 Intake/Booking 522 Central Control 442 Medical 280 Programs 498 Food Service 641 Recreation 1,142 Laundry 240 Public Lobby 357 Visitation 125 Facility Certification While extremely overcrowded, the facility is well maintained and is secure. The jails in the Commonwealth are audited for compliance with the Board of Corrections operating standards every third year. In the intervening years, the jails are inspected by the Department of Corrections. Jail operations was found to be in compliance with the Standards. There are presently no action plan requests, and the facility was unconditionally certified on March 2016 for holding adult male and female inmates. 7.d.a Packet Pg. 161 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 44 Impact of Physical Plant Limitations Relative to Operations and Security The existing facility if operated near the rated capacity of 36, generally does not pose any significant physical limitations relative to operations or security. The flow of arrestees from the salleyport to the booking/intake area is secure. The movement into and out of the jail from the transportation vehicle is within enclosed salleyports. The movement of inmates from the intake to the housing units and the movement from the cell block to the transportation area for movement to the courts is also secure.  The cell blocks are secure and provide for adequate observation.  The facility contains an enclosed vehicular salleyport.  Entrance and exit from the jail provides for separation of movement of inmates from the “arrest vehicle” into the jail from the inmates exiting the jail for court or for release.  The configuration allows for separation of the inmate movement to/from the jail from the public and staff entrance to the jail.  A secure passageway provides for movement of inmates to/from the court related functions – however, movement to/from the Circuit Court does require movement into a public corridor.  The configuration of the jail and the “crowding” of the jail does not allow for separation of the work release, weekend and trustee inmates from the general population inmates. The work release, weekend and trustee inmates are in a separate cell block and adequate intake area is provided for “searching” work release, weekend and trustees.  The medical area is inadequate for the current level of crowding.  The facility only allows non-contact visiting and adequate space is available for processing visitors.  Program space is inadequate for the level of crowding.  Administrative space is adequate for the operating capacity.  That said, the jail is operating well above its capacity and, as such, deficiencies are noted in a multitude of areas. The jail is operating at approximately three times rated capacity and approximately over 100 inmates are confined in a facility intended to house 36. The density of the detainees in general population housing, combined with the lack of program space contributes to the potential for management problems. Jail-Based Programs and Services A summary of jail-based programs is provided in this section of the report along with available program participation data. 7.d.a Packet Pg. 162 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 45 The Jail operates with a contingent of over approximately 42 authorized sworn and civilian personnel. Due to extreme crowded conditions the Jail does not have adequate program support space and program staff to provide more than the most basic programs for detainees. All existing programs are managed by jail staff, local agencies and volunteers under the supervision of jail personnel. Programming is conducted in the program room/library. This space is approximately 8 x 10 SF and seats 20 people. Three linear tables accommodating five people each, a large wall chalk board, desk, podium and file cabinets are located in the space. Due to the visitation schedule, all programming is scheduled only on Monday, Tuesday and Wednesday each week. Class size at the end of calendar year 2017 was limited to no more than 15 participants and church services are provided for no more than 15 participants at a time. A list of the existing jail-based programs is displayed in the table that follows. Pittsylvania County Jail Jail-Based Programs Program Frequency Number of Participants Provider Church Services Weekly 20-25 Volunteers Bible Study Monday 7-10 Volunteers Mentoring Weekly 10-12 Volunteers Child Support Enforcement Weekly 3-5 DCS College Prep Weekly 5-7 DCC Veterans Administration Weekly 1-3 VA Alcoholics Anonymous Weekly 5-7 Volunteers Reformers Unanimous Weekly 12 Volunteers Parenting Tuesday 8-10 Grant Southwest C.A.R.E.S Weekly 12-15 Volunteers GED Wednesday 5-8 School Board Weekender Program, Work Release and Work Force Weekender Program A Weekender Program is provided at the Pittsylvania County Jail, whereby offenders serve their sentences on weekends (non-consecutive days) and maintain employment in the community. 7.d.a Packet Pg. 163 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 46 Pittsylvania County Jail Number of Split Sentenced (Weekenders) FY-15 FY-16 FY-17 Participants 32 34 30 Jail Days 1,741 924 656 Work Release Nearly all jails in the Commonwealth operate work release. Work Release programs offer inmates the opportunity to maintain employment or seek new employment while incarcerated. Many programs work with employers, probation officers, family members and the court system. Global positioning system (GPS) units and random drug testing are used to monitor inmates on the program may be component of the program. Often participants are required to attend programs such as AA, NA and various life skills classes, and have other responsibilities as assigned by the Court. A small work release program is available at the jail. Pittsylvania County Jail Work Release Program FY-15 FY-16 FY-17 Participants 4 3 4 Jail Days 391 258 274 Ave. Daily Pop. 1.1 0.7 0.8 County Work Program Many jails in the Commonwealth maintain a Work Force Program consisting of inmates who have been screened and meet the criteria to perform community-based work under the supervision of correctional officers. Daily work activity for the Work Force may include such activities as seasonal mowing, landscaping, painting and maintenance projects. Some programs are responsible for responsible for some janitorial services in the County or City as well as trash pickup details along roadways. The Pittsylvania County Jail operates a “County Work Program”. This “outside of secure confinement” work involves janitorial functions within the court complex, maintenance work on county facilities and ground work on county property. Inmates are “paid an hourly” rate which is devoted to reduce/eliminate court costs and fines and to defer medical costs. The program assigns two deputies and a Workforce Coordinator to the program. Recommendations for Jail-Based Programming The current degree of crowding at the County Jail, and the lack of program space, does not allow for more than the most basic programs and services. The following information on jail-based programs and program examples in other jails in the Commonwealth is provided to highlight the benefits of adequate space for detainees. Work Release (WR) Program 7.d.a Packet Pg. 164 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 47 Nearly all jails in the Commonwealth operate work release. There is presently no space available to operate a program. Work Release programs offer inmates the opportunity to maintain employment or seek new employment while incarcerated. Many programs work with employers, probation officers, family members and the court system. Global positioning system (GPS) units and random drug testing are used to monitor inmates on the program may be component of the program. Often participants are required to attend programs such as AA, NA and various life skills classes, and have other responsibilities as assigned by the Court. The Prince William County reports that approximately 1,000 offenders are placed in their adult detention Work Release program each year. The City of Richmond jail has operated a WR program since 1998. Two staff are assigned to the Richmond program that provides programming for an average of approximately 20 offenders per month. The Henrico County Regional Jail maintains an active work release program. With the approval of the court, inmates who meet the following criteria are allowed to leave jail, go to work and report back to jail at the end of the work day. Participants must (1) have a full time job; (2) work a minimum of 36 hours each week; (3) work not more than 12 hours per day, including travel time; (4) must have their own reliable transportation and (5) are required to pay $10 per day for each day of work. Based on the most recent data available to the Consultant, between 200-250 inmates per year participate in the Henrico work release program. Public Work Force Program Many jails in the Commonwealth maintain a Work Force Program consisting of inmates who have been screened and meet the criteria to perform community-based work under the supervision of correctional officers. Daily work activity for the Work Force may include such activities as seasonal mowing, landscaping, painting and maintenance projects. Some programs are responsible for responsible for some janitorial services in the County or City as well as trash pickup details along roadways. Prince William County operates a fairly large program out of its regional adult detention center. In addition to normal maintenance tasks in public spaces, the Prince William County program provides services to maintain the grounds of government offices and a number of historical cemeteries. During inclement weather work force participants assist in the removal of debris, snow and ice. It is estimated that this program provides between 8,000 – 10,000 hours of service to the community. Five correctional officers typically manage their large program and supervise the inmates assigned to it. The City of Richmond operates two alternative sentencing programs that are not technically “Inmate Work Force” programs: (1) the New Environmental Action Team (NEAT), and (2) the Misdemeanor Community Service Program (MCSP). MCSP is designed to allow sentenced misdemeanants who are employed to remain employed while completing their sentences and performing community service work on the weekends. NEAT is designed as a daily work program (detail) whereby sentenced misdemeanors work eight hours per day. Based on the most recent data available a total of 1,637 offenders participate in NEAT (an average of 31 per week), and a total of 3,085 offenders (an average of 59 per week) participate in MCSP. 7.d.a Packet Pg. 165 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 48 The Pamunkey Regional Jail (in Hanover County) Work Force program consists of inmates who have been screened and meet the criteria to perform community- based work under the supervision of correctional officers. Daily work activity for the program includes work at the landfills, the Bowling Green waste treatment plant, the public parks in both counties and with various non-profit organizations. Electronic Monitoring (EM) Programs The use of these programs across the Commonwealth is more sporadic. While most jails operate work release, educational release and public work force programs, the implementation of electronic monitoring or “electronic incarceration” programs managed by jail personnel requires a degree of cooperation between local decision makers that may be difficult to attain. The Prince William Adult Detention Center maintains one of the largest electronic incarceration programs in the Commonwealth. An extension of its Work Release Program, inmates on this program are able to remain at home and work in the community. All participants are monitored by GPS units to ensure compliance with program rules and regulations. In the consultant’s experience the jails across Virginia that operate the most robust jail-based programs have several important characteristics in common: (1) sufficient space to provide programs and services (in both housing and support areas); (2) they have formed viable collaborations with community volunteer and community agency groups, (3) they have demonstrated commitments to providing programs and services to offenders through their jail operations, and (4) programming has the support of key decision makers in their communities. The following three jails offer jail-based programming that exhibit these characteristics. Henrico County Regional Jail (rated capacity = 787) Medical and Mental Health Services Medical and Mental Health services are available at two jails (Jail East and Jail West) operated by the County facilities 24 hours per day, and seven days per week by both employed and contracted personnel. A minimum of three nurses are on duty daily, in addition to support staff, and medical services are supervised by a full time Medical Director who is an employee of the Sheriff’s Office. All other staff in the medical department are contract staff. A Nurse Practitioner and Primary Physician rotate schedules between the two facilities. Sick call is held daily at both facilities and pharmaceuticals are provided by contracts with local pharmacies. While there are two examination rooms at Jail West, there is no infirmary; all inmates requiring infirmary care are transported to Jail East. Medical staff include a Medical Director, Nurse Practitioner, a full-time Registered Nurse Health Administrator, one Registered Nurse, four part-time and 13 full time LPNs. Mental health services include the traditional management of psychotropic medications, individual and group counseling and extensive formal substance abuse treatment and counseling. The Henrico County Department of Mental Health provides a Psychologist and two Mental Health Counselors onsite at Jail West 40 hours per week; additional personnel schedule regular visits to the facility. Mental health personnel at Jail East 7.d.a Packet Pg. 166 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 49 include a Psychiatrist, a Mental Health Specialist, three Mental Health Clinicians and various substance abuse treatment specialists. Educational and Vocational Programs Henrico County Jail Education Service provides an array of academic and vocational programs at both facilities. The teachers and instructors are all licensed with the Virginia Department of Education and are Henrico County public schools teachers contracted by the Sheriff’s office to work with jail programs. Education staff include one administrative assistant and nine teachers. Jail West has two academic instructors; Jail East has four teachers, and three vocational education instructors. A special education coordinator works at both sites. The education program includes literacy and general education as well as ABD, pre-GED, GED preparation and testing, special education instruction, and “English as a Second Language”. Vocational instruction includes instruction in Automotive technology, Computer technology, Keyboarding, Business Computer Applications and Cosmetology. Substance Abuse Treatment Henrico County operates a large and nationally recognized Residential Substance Abuse Program for inmates that includes substance abuse counseling, both individual and group, as well as AA, NA programming. In addition, at Jail East there are 152 beds dedicated to the “Recovery In a Secure Environment” (RISE) program. This phased residential substance program is provided for both male and female detainees. Begun in August 2000, in a 36 bed direct supervision housing pod, the program consists of separate housing for participants, a 12-14 hour per day schedule of activities and in-house substance treatment. Upon release from jail, graduates participate in twice-a-week follow- up aftercare sessions. Approximately 1,100 offenders per year enter the RISE program each year. Home Electronic Monitoring (HEM) The Jail has an Electronic Home Monitoring program that allows participants to serve their sentences in the confines of their home. Home Incarceration must be ordered by sentencing court, and HEM must be granted on each charge before the offender is placed in the program. As of 2011, participants must sign a behavior contract, have an operable telephone, pay an initial $25 processing fee, and are required to reimburse the County at a rate of $10 per day. Alternative Non-consecutive Sentencing (Weekend Sentencing) There are a large number of offenders who report to jail to serve their sentences on weekends. As with work release and home incarceration, non-consecutive sentences must be ordered by the Court. Approximately 70-80 offenders are housed in the jail serving weekend sentences – typically from Friday at 6:00 pm, to Sunday at 6:00 pm. Jail personnel report that as many as 120 additional offenders may report to jail each weekend under this program. 7.d.a Packet Pg. 167 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 50 Pamunkey Regional Jail (rated capacity = 290) The Pamunkey Regional Jail has four major program areas: Educational, Substance Abuse, Religious Services and Self Improvement Programs. In addition to classroom space, additional program space is provided adjacent to each housing unit. A given program may be offered in the multipurpose space adjacent to the housing units in a classroom depending on the number of inmates participating in the program. Programs are conducted/coordinated by Jail staff, Gospel Jail Ministries, volunteers and by Offender Aid and Restoration (OAR). Educational Programs. Classes meet year-round and inmate attendance is voluntary. Instruction in the various classes is provided by the Jail staff which includes one full time certified teacher (funded by the Hanover School Board). The programs include: General Equivalency Diploma (GED) – GED preparatory classes combining class room instruction with self study modules. Special Education (SPED) – for inmates who are 18 to 22 years old and who have special education needs. Inmate Programs. Offender Aid and Restoration (OAR) OAR of Richmond, Inc. is a nonprofit, private organization that provides services and referrals to inmates. An OAR case manager is available three days per week to provide the following services:  Intake interviews and “service needs assessments”  Pre-release planning group  AA/NA and parenting educational groups  Literacy/Education tutors  Drug and alcohol treatment referrals  Forms for social security cards and birth certificates  Job training and placement assistance A variety of self improvement programs and services are also provided to detainees at the Pamunkey Regional Jail, including: Alcoholics Anonymous and Narcotics Anonymous: Brings weekly 12-step meetings to detainees. Anger Management: Helps inmates explore the nature and impact of anger in order to establish a life free of violence. Healthy Relationships: Teaches inmates relationship-building skills that lead to positive, violence-free relationships. Life Without a Crutch (8 weeks): Educates offenders on different types of addition and how to recover from them. Male Responsibility (10 weeks): Teaches males how to develop healthy attitudes and behaviors regarding relationships, marriage, employment and family. Parenting Education Group (8 weeks): Provides group support for incarcerated mothers while separated from their children. The program goals are to help mothers maintain relationships with their children and improve parenting skills. Productive Citizenship (6 weeks): The goal is to prepare offenders for their release by discussing topics such as dealing with emotions, substance abuse, employment, money management, housing and community resources. Responsibilities of Fatherhood (6 weeks): The goal is to help offenders learn financial and emotional responsibilities of fatherhood while developing positive communication skills. 7.d.a Packet Pg. 168 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 51 Resume Workshop: The program assists offenders to complete resumes for employment. Finally, the Pamunkey Regional Jail has is planning to implement in-house “therapeutic community” that will require intensive program development by substance abuse professionals trained in substance abuse counseling. The State Compensation Board, County officials and the Community Services Board are coordinating the effort to implement this program. Prince William Manassas (ADC) Adult Detention Center (rated capacity = 667) With a total of 276 authorized sworn staff and 63 authorized civilian personnel, the ADC offers a robust number of programs and services to incarcerated offenders. The ADC has 17 authorized in-house medical staff; assigns 6 staff to work release, and 4 staff to the public work force program. In addition to a large number of volunteers, there are currently 13 Classification personnel assigned to inmate programs. The facility offers a broad array of educational services, substance abuse counseling, religious programming and recidivism prevention. Classification Department Inmate Programs A variety of programs and services is provided for inmates. They include General Education Development (GED), AA/NA, Parenting Skill classes, Church Services and Bible Study. Supervised by an Inmate Programs Coordinator who is responsible for overseeing volunteer services, volunteers attend a three-hour orientation session giving them information on the inmate population, classification levels, rules and regulations. Medical Services Medical staff include Registered and Licensed Practical Nurses Correctional Health Assistants as well as two Mental Health Therapists. The medical section has examination rooms, a nurse’s station and a negative pressure room designed to accommodate inmates with respiratory diseases. The ADC also contracts for medical services and includes one Physician Assistant on site for 8 hours per week; maintains three tele-psychiatry sessions per week, and on-site psychiatric counseling. The ADC also contracts for dental and mobile x-ray services on as “as needed” basis. Work Release The ADC maintains a viable Work Release program for eligible inmates. The program offers inmates the opportunity to maintain employment or seek new employment while incarcerated. This program works with employers, probation officers, family members and the court system. Global positioning system (GPS) units and random drug testing are used to monitor inmates on the program. Many participants are required to attend programs such as AA, NA and various life skills classes. Chaplain Services and Programs Chaplaincy services inside the ADC are provided by the Good News Jail and Prison Ministry. The Chaplain oversees a broad array of inmate programs in conjunction with a number of local volunteer agencies, and: (1) recruits volunteers for services; (2) plans, 7.d.a Packet Pg. 169 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 52 schedules and oversees all religious services; (3) coordinates pastoral visitation services, and (4) oversees all faith-based programming. Life Skills and Behavioral Change A life skills program is managed by D&A Behavioral Solutions, Inc. The goal of the program is to reduce recidivism by equipping inmates to understand and identify “flawed thinking, beliefs, attitudes and values that have caused their problems, as well as learned personal self-management, general social skills, and personal responsibility, e.g., accountability vs. excuses.” The emphasis is on developing “personal dignity, which is the vital catalyst to changing aberrant behavior.” Participation is voluntary and the program claims a successful completion rate in excess of 80%. Summary The success of the operational personnel in overcoming the design and space problems are a credit to the Sheriff, jail administrators and the personnel working in the jail. However, the jail needs to be expanded to provide sufficient space to accommodate existing crowding that is expected to continue into the future and to provide sufficient support and administrative space. Within the constraints of the existing physical plant, the Sheriff’s Office operates programs that have had the effect of reducing the number of individuals incarcerated. Several examples of robust programs existing in other localities were described in this section of the report to highlight the benefits of adequate jail space. A jail, designed and built in the early 1980’s is inadequate for the current and projected incarceration needs of Pittsylvania County. 7.d.a Packet Pg. 170 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 53 Section 4 Existing Community Based Programs 7.d.a Packet Pg. 171 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 54 Community Programs Process and Structure Overview Jails provide the judicial system with two types of confinement services. Jails provide secure confinement for individuals awaiting trial on criminal charges, and offenders sentenced by the court to serve time as a part of their sentences. Alternative detention and diversion programs are designed to provide these services in a manner other than by confinement in jail. These programs can be conceptually divided into: (1) pretrial programs, and (2) post-sentence alternative programs. Both provide the system with options other than secure confinement. Recognizing the high cost of secure confinement and the potential cost effectiveness of alternatives, the 1994 Special Session of the Virginia General Assembly enacted the Pretrial Services Act, and the Comprehensive Community Corrections Act for Local Responsible Offenders. Each of these Acts provide the statutory framework and funding pipeline for local development of “alternatives to incarceration” programs. Program options can be implemented that target both pre- and post-trial populations. Presently nearly all localities in the Commonwealth operate pretrial and community corrections programs that are largely funded through State grants. The Halifax/Pittsylvania Court Services program provides pretrial and community corrections services throughout the local area. The Department of Criminal Justice Services (DCJS) administers general appropriation funds designated for the purpose of supporting the Comprehensive Community Corrections Act for Local-Responsible Offenders (CCCA) and the Pretrial Services Act (PSA) as discretionary grants to local units of government. Approximately 80% of expenses are paid by the Commonwealth. Agencies are encouraged to work with each other and within their local criminal justice system to increase the efficiency and effectiveness of their services. Agencies are also encouraged to create partnerships with community organizations beyond the criminal justice system for the purpose of education, collaboration, and inclusion in the decision-making and planning process. Each local government is required to have an active Community Criminal Justice Board (CCJB) to serve as an advisory body to the local governing body on matters pertaining to local criminal justice issues. The composition of the CCJB is specified in §9.1-178 of the Code of Virginia. Pretrial Diversion and Related Services were first created in Virginia in 1989, pursuant to authorizing language in the Appropriations Act. In 1995, Pretrial Services were authorized by statute with the passage of the Pretrial Services Act (PSA, § 19.2-152.2 COV). Pretrial services agencies provide information and investigative services to judicial officers (judges and magistrates) to help them decide whether persons charged with certain offenses and awaiting trial need to be held in jail or can be released to their communities subject to supervision. Local community-based probation agencies were created in 1995 by the Comprehensive Community Corrections Act (CCCA, §9.1-173 COV). They were created to provide an alternative to incarceration for persons convicted of certain misdemeanors or non-violent felonies for which sentences would be 12 months or less in a local or regional jail. Local community-based probation services agencies provide the following services: community service; home incarceration with or without electronic monitoring; electronic monitoring; and substance abuse screening, assessment, testing and treatment. 7.d.a Packet Pg. 172 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 55 Non-Confinements Alternatives Pretrial Programs The primary role of pretrial services agencies in Virginia is to provide information to judicial officers to assist with bail decisions and to monitor conditions of bail and provide supervision services to defendants. Pretrial services agencies also provide judicial officers with alternatives to detention by identifying detained defendants that can be safely released to the community. There are currently 31 pretrial services agencies in Virginia, providing services in 97 of the 133 localities in the Commonwealth. Pretrial services programs perform two important functions in the effective administration of local criminal justice systems:  They gather and present information about newly arrested defendants and about available release options for use by judicial officers in deciding what (if any) conditions are to be set for defendants’ release before trial.  They supervise the defendants released from custody during the pretrial period by monitoring their compliance with release conditions and helping ensure they appear for scheduled court events. When both functions are performed well, localities can minimize “unnecessary” pretrial detention, reduce jail crowding, protect the public and ensure appearance at court hearings. Pretrial services programs are specifically designed to reduce the number of individuals held in jail awaiting trial. The only reasons for holding an individual in secure confinement until trial are: (1) to ensure that the individual appears for all scheduled court appearances, or (2) to remove an accused from society if that individual poses a threat to the public safety, or to himself. Persons considered a threat to themselves include those individuals who are intoxicated or under the influence of drugs. This type of threat to oneself is normally a short term condition, and is generally followed by release on a non-secure or secure bond. The threat to public safety is a subjective determination that is initially established by the magistrate and reviewed by the bench. For the individuals in this category (flight risk/nonappearance for future court dates), pretrial services programs provide valuable information that may assist a judge in reviewing the magistrate's bail decision. Magistrate The Magistrate office serving the County is located at within the courthouse addition at 11 Bank Street in Chatham. Over the years in Virginia, the magistrates’ discretion (certainly as a lone decision maker) has been reduced, and there are two statutes associated with the initial detain/release decision that can "drive" the size of the incarcerated pretrial detained population. Section 19.2-120, first enacted in its present from in 1996, had less than a half dozen offenses for which a denial of bail, subject to rebuttal, by a magistrate is required (a translation of "no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public..."). Over the past eight years starting in 1999 the number of offenses has been increased to 86. A second statute also requires "[a]ny person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released only upon a secure bond. This provision may be 7.d.a Packet Pg. 173 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 56 waived with the approval of the judicial officer and with the concurrence of the attorney for the Commonwealth..." This amendment was also introduced in 1999 so the court at the initial appearance must get concurrence from the Commonwealth Attorney if the intent is to release on other than a secured bond. The Magistrate Manual directs the magistrate under Sections D and F, specifically the second paragraph of each, to "...hold a defendant without bail" if arrested for any of the "trigger" offenses and that under 19.2-123 a magistrate can "release on a simple recognizance or unsecured bond only with the concurrence of the Commonwealth Attorney."  Existing statutes and guidelines serve to reinforce the importance of coordinating informed decision making early in the processing of defendants through the justice system. Early release decision making can have a substantial impact on the size of the pretrial jail populations. Information available to the magistrate at an initial hearing is at best minimal and the magistrate often does not have verified information on the arrestee's prior criminal, employment, or residential/community histories. Often limited to self-reported information from the arrestee, and from the arresting officer, and with minimal reliable information available, the judicial officer may lean to minimizing the risk to the public safety by committing the individual to incarceration.  Increasing the availability of reliable information to inform magistrate decision making should be a priority. When the accused appears in court on the following morning, the information available to the District Court Judge, without a pretrial services program, will generally not have improved significantly from the information available to the magistrate. At arraignment, a Judge reviews the conditions of bail established by the magistrate, and may amend any conditions by raising or lowering the level of a secure bond, or converting a secure bond to a non-secure bond. The review of the conditions of bail is the second point in the criminal justice system when pretrial services can be instrumental in reducing the number of individuals incarcerated while awaiting trial. The availability of pretrial services programming increases the probability that reliable information is used in decision making. Alternative Detention Programs For some crimes, sanctions that involve community service, restitution, continuation of employment and maintenance of family connections are acceptable to the public and are more cost effective than jail incarceration. Alternative-to-confinement programs provide the judiciary with sentencing options. After an offender has been found guilty, the bench has a number of sentencing options. If the individual is found guilty of a felony, sentencing is normally delayed until completion of the pre- sentence investigation (PSI) report. Often the pretrial conditions of bail/incarceration are continued until the completion of the pre-sentence report. PSI reports generally take approximately 60 days to complete and, upon completion, a sentence is normally imposed. The sentence may involve incarceration, a suspended sentence, some level of probation, fines, restitution or any combination of these. If designed to allow continuation of employment, provide some level of community service, provide counseling and/or provide an opportunity for victim restitution, alternatives can be 7.d.a Packet Pg. 174 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 57 effective in providing the desired level of punishment while ensuring that the public safety function is not compromised. These programs can be effective in assisting those convicted of nonviolent crimes in maintaining family and community ties. If an offender’s sentence involves incarceration, normally that individual will be released back to society at some future date. Transition services, job training programs, halfway houses and residential programs can assist in the return to society and can have a positive impact on released inmates remaining “crime free” after release. The Comprehensive Community Corrections Act for Local-Responsible Offenders provides the legal authority and funding authorization for establishing a community-based probation program. For localities that establish a community corrections program and seek state funding for the operation of such a program, the Act mandates the provision of certain services and programs. The mandated programs and services are:  community service,  home incarceration with or without electronic monitoring,  electronic monitoring, and  substance abuse assessment, testing and treatment. In addition, the Act provides for the establishment of optional programs that are identified below:  local day reporting center programs and services  local halfway house programs and services for the temporary care of adults placed on probation, and  law enforcement diversion into detoxification center programs Localities, establishing community corrections programs, are required to establish a community criminal justice board, and submit biennial plans to the Department of Criminal Justice Services identifying the components of the local correctional program and specifying the funding required to operate them. An overview of community-based programs available within the Pittsylvania County service area is displayed in the table that follows. 7.d.a Packet Pg. 175 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 58 Pittsylvania County Service Area Community Based Programming Program/Service Administrative Responsibility Pretrial Services Halifax/Pittsylvania Court Services Community Corrections Halifax/Pittsylvania Court Services Electronic Monitoring (EM) Not Available Home Incarceration Not Available Probation Supervision/ substance abuse assessment, testing & treatment Local Halifax/Pittsylvania Court Services State P&P District 14 Day Reporting Center (optional) Not available Halfway House Programs and Services (optional) Not available Law Enforcement Diversion - Detox Center Programs (optional) Not available Adult Drug Court Not available Reentry Programming Local Local Reentry Council State Department of Corrections Halifax/Pittsylvania Court Services Unit The Halifax/Pittsylvania Court Services program provides pretrial and local probation supervision services to the counties of Pittsylvania and Halifax. Located at 129 South Main Street in Halifax, the agency provides pretrial, probation and related services to approximately 350 adult offenders/defendants annually (average caseload in fiscal year 2017). 7.d.a Packet Pg. 176 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 59 Halifax/Pittsylvania Pretrial Services Since fiscal year 2015 there have been between approximately 90 – 100 persons from Pittsylvania County placed in the pretrial services program each year – approximately eight persons per month. Halifax/Pittsylvania Court Service Pretrial Placements by Fiscal Year FY- 15 FY- 16 FY- 17 FY- 18 Jurisdiction Pittsylvania County 88 89 104 50 Halifax County 172 160 155 92 City of Danville 59 92 90 64 Note: FY-18 figures are through 2/28/18. The table that follows displays key statistics for the pretrial services program over the past three fiscal years. Halifax/Pittsylvania Court Services - Pretrial Services Statistic Misdemeanants Felons Total FY- 15 FY- 16 FY- 17 FY-15 FY-16 FY-17 FY-15 FY-16 FY-17 Total Placements for the Year 60 78 75 253 243 277 313 321 352 Total Placements in Last Month of FY 5 5 5 21 22 21 26 27 26 Active Caseload Last Day of FY 12 9 11 93 89 96 105 98 107 Total Supervision Days for the Year 5,262 5,577 4,148 36,868 34,346 34,942 42,130 39,923 39,090 Average Daily Caseload for the Year 14 15 11 101 94 96 115 109 107 Average Length of Supervision (Days) 88 72 55 146 141 126 234 213 181  Overall, the number of pretrial placements has increased since the end of FY-15, from 313 in FY-15 to 352 in FY-17 – an increase of 12.5%.  The pretrial program operates with an average daily caseload approximately 110 people. 7.d.a Packet Pg. 177 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 60  The average annual caseloads of pretrial services have varied between approximately 105-115 per year over the past three fiscal years.  The majority of the active pretrial caseload are persons with felony charges; 10.3% of the caseload at the end of FY-17 had misdemeanor charges. 60 78 75 253 243 277 0 50 100 150 200 250 300 FY-15 FY-16 FY-17 Halifax/Pittsylvania Court Services Number of Placements to Pretrial Services FY-15 through FY-17 Misdemeanors Felons 115 109 107 102 104 106 108 110 112 114 116 FY-15 FY-16 FY-17 Total Average Daily Pretrial Caseload FY-15 through FY-17 7.d.a Packet Pg. 178 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 61  Services are primarily targeted toward those arrested for non-violent crimes or those offenders who receive a bail but remain detained in jail following an initial bond hearing. Services provided in FY-17 were primarily associated with substance abuse testing – 62.7% of all services provided.  220 of 351 reported services provided FY-17 were periodic drug tests of offenders. Halifax/Pittsylvania Court Services FY-17 Pretrial Services Provided New Service Placements Number Percent 1. Substance Abuse Testing 220 62.7% 2. Alcohol Testing 131 37.3% 3. Substance Abuse Screening 0 0.0% Total 351 100.0% Halifax/Pittsylvania Local Probation Services This program is intended to provide dispositional alternatives, for consideration by the courts, for the non-violent offender population. Offenders sentenced to any term of incarceration in an adult facility are eligible for the program. The entire sentence of incarceration may be suspended, or if the court elects, may include a split sentence. “State Responsible Felons” are not eligible for this program and placements in the Community Corrections Program are made by the sentencing judge. In addition to ordering specific periods of local probation supervision, the Court may order offenders to comply with other conditions that are monitored by probation officers. Statewide, additional conditions may include community service, payment of restitution, participation in 10.3% 89.7% FY-17 Pretrial Caseload by Charge Type Misdemeanor Felony 7.d.a Packet Pg. 179 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 62 mental health counseling, anger management, substance abuse counseling or treatment programs, or drug testing.  Between 30-35 offenders from Pittsylvania County per year have been placed on local probation since fiscal year 2015 – fewer than five offenders per month. Halifax/Pittsylvania Court Service Local Probation Placements by Fiscal Year FY-15 FY-16 FY-17 FY-18 Jurisdiction Pittsylvania County 32 30 34 13 Halifax County 295 270 256 174 City of Danville 109 124 93 101 Note: FY-18 figures are through 2/28/18.  The number of misdemeanor cases placed on supervision in the local probation program (from all jurisdictions) declined from 579 in FY-12, to 548 in FY-14 – a decline of just over 5%; the number of felons placed in the program is very small and has remained at 10-11 per year.  The local probation program received from offenders $70,213 in court ordered restitution; $21,887 in court costs and fines, and $36,368 in program fees. Halifax/Pittsylvania Court Services - Local Probation Services Statistic Misdemeanants Felons Total FY-15 FY-16 FY-17 FY-15 FY-16 FY-17 FY-15 FY-16 FY-17 Total Placements for the Year 415 384 386 35 36 21 450 420 407 Total Placements in Last Month of FY 29 28 41 0 3 1 29 31 42 Active Caseload Last Day of FY 245 233 228 38 32 19 283 265 247 Total Supervision Days for the Year 106,045 84,583 82,967 12,806 12,818 10,145 118,851 97,401 93,112 Average Daily Caseload for the Year 291 231 227 35 35 28 326 266 255 Average Length/Supervision (Days) 256 220 215 366 356 483 622 576 698 Total Community Service Hours 9,231 7,569 6,686 Restitution $15,243 $23,633 $16,322 Court Costs and Fines $12,380 $11,122 $8,566 Program Fees $25 $0 $0 7.d.a Packet Pg. 180 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 63  End-of-year local probation caseloads decreased between FY-15 and FY-17, from 283 in FY-15, to 247 in FY-17 – a decrease of 36 offenders and a 12.7% decline.  In FY-17, a total of 407 local responsible offenders were placed in the local probation Court Services program. The table that follows displays the services that were provided. Halifax/Pittsylvania Court Services FY-17 Local Probation Services Provided New Service Placements Number Percent 1. Community Service 162 35.8% 2. Substance Abuse Testing 131 29.0% 3. Substance Abuse Screening 64 14.2% 4. Anger Management 22 4.9% 5. Substance Abuse Education 20 4.4% 6. Substance Abuse Assessment 18 4.0% 7. Shoplifters Group 14 3.1% 8. Substance Abuse Counseling 7 1.5% 9. Mental Health Treatment 3 0.7% 10. Alcohol Testing 2 0.4% 11.Other 9 2.0% Total 452 100.0%  Of 452 specific services reported to have been provided to offenders in FY-17, 162 (35.8% of the total) were associated with Community Service; substance abuse testing, screening, assessment, counseling or education accounted for over half of the services provided in FY-17. 300 320 340 360 380 400 420 440 460 FY-15 FY-16 FY-17 Halifax/Pittsylvania Court ServicesTotal Placements on Local Probation 7.d.a Packet Pg. 181 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 64 State Probation and Parole District 14 State Probation and Parole District #14, located at 220 Deer Run Road in Danville probation and parole services to State Responsible (SR) offenders residing in the Pittsylvania County area. This agency is responsible for supervising offenders receiving felony sentences or felony probation. Alcohol Safety Action Program (ASAP) The Dan River ASAP program is located at 135 East Market Street in Martinsville, and provides services to Cities of Danville & Martinsville, and the Counties of Pittsylvania, Franklin, Henry, & Patrick. It is staffed by a Director, 3 Case Managers, an Enrollment Officer, an Office Manager and a Special Programs Clerk. This program provides an alternative to conviction and a post-conviction punishment alternative for any person convicted of a first or second offense D.U.I. (or similar offense), drug possession, or other alcohol or drug related offense. It’s stated Mission is to: Reduce threats to transportation safety caused by the use of alcohol and their drugs in the service area of Dan River ASAP (which includes the Cities of Danville & Martinsville, and the Counties of Pittsylvania, Franklin, Henry, & Patrick). This agency provides probation and intervention services for people referred by the courts after they are convicted of Driving Under the Influence (DUI), Boating Under the Influence (BUI), or First Offense Drug Offenses. The agency also provides intervention and probation services for people referred by the courts and/or Department of Motor Vehicles for the Driver Improvement Program or for Habitual Offender Evaluation/Intervention. This criminal justice system agency exists to serve the local communities and to network with community groups; such as courts, schools, colleges, businesses, industry, and law enforcement to increase awareness to reduce alcohol and drug abuse in our community. The stated objectives of the Dan Ricer ASAP program is to:  Reduce the level of accidents, injuries, fatalities, and property damage as a result of drunk drivers by evaluating such drivers as referred by the court and appropriately placing them in an education or counseling program, which is designed to change driving while intoxicated behavior.  Prevent the citizens of our community from driving while intoxicated by increasing the awareness of the problem, modifying the general public's attitude and beliefs about driving while intoxicated to a position where they choose not to drive while intoxicated. Probationers are placed under the supervision of the ASAP program for twelve months for a first offense, and up to thirty-six months for subsequent offenses. After intake and classification, the probationer is required to be involved in one or more of the following interventions:  Education – 20 hour education program and random breath testing.  Intensive Education - Ten 2 hour sessions (total 20 hours) closely monitored, small groups, breath testing at every session.  Ignition Interlock  Young Offender Program  Driver Improvement  Driver Suspended Program 7.d.a Packet Pg. 182 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 65 Other services in the ASAP programs include:  Reinstatement Evaluation  Habitual Offender Interventions Recommended Jail-Based and Community-Based Programs Pittsylvania County should initiate a long range planning strategy to investigate, develop and implement a continuum of jail-based programs and community-based sanctions and programs. Based on an initial review of the available data, decision makers may wish to initially focus on jail- based programming options, programs and services for persons with mental health and substance abuse issues, and programs and services which target the probation violator population. In Virginia, a large array of programs, policies, procedures and practices associated with alternatives to incarceration exist. A summary overview is provided in the table below. Law Enforcement Diversion Instead of arrest, law enforcement may counsel, reprimand, handle administratively issue a summons, or refer. Specialized Judicial Dockets and Courts Specialized court dockets for managing special populations such as defendants with mental health needs, and specialized courts such as drug court, DUI court and mental health court exist throughout the State. Release on Recognizance Person brought before Virginia magistrates can be released on their promise to appear on unsupervised release; local authorities may implement policies broadening authority to implement. Probation Diversion/Supervision Person receives supervised or unsupervised probation in lieu of confinement; like pretrial diversion, is State funded, and exists in nearly all localities for sentenced local offenders. Pretrial Release/Supervision Exists in nearly all Virginia localities; State funded program that includes pretrial screening, release recommendations and supervision. Day Reporting Person required to appear at the reporting center to provide daily schedules; may include the requirement to attend programs and participate in activities; may include a number of structured requirements. House Arrest Person required to remain confined at home during specified times; may include GPS or electronic monitoring as well as day reporting. Deferred Prosecution (Diversion) Commonwealth's Attorney agrees to defer prosecution of charges if the person agrees to certain conditions. Community Service The court orders the person to provide unpaid time in lieu of confinement. Electronic Monitoring Tracking device attached to person to monitor movement. Job Programs A myriad of programs are intended to provide vocational training, placement, readiness or reentry. Counseling Also a component of many programs and takes many forms. 7.d.a Packet Pg. 183 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 66 Mediation As an alternative to court, a trained mediator helps to resolve disputes. Restitution Restitution programs require offenders to repay victims and/or the community through payment of fines or community service. Intensive Supervision This program/service takes many forms in Virginia; is aimed at providing a higher level of supervision and monitoring than regular supervision. Work/Educational Release This program exists in nearly all localities in some form and allows participants to work or pursue their education while reporting to jail at night. Split Sentences Also widespread in Virginia and alternatively called weekend or alternative sentences; allows person to maintain employment while typically serving a sentence on weekends. Halfway House Associated with State sentenced offenders; more structured than Day Reporting and less structured than jail or prison; 7.d.a Packet Pg. 184 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 67 Section 5 Planning Inmate Population Forecast 7.d.a Packet Pg. 185 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 68 Population Forecast This section of the report presents the forecasting methodology and a forecast of the confined population for the Pittsylvania County Jail through the year 2032. Also included is a description of the data upon which the forecast is based; the methodology used, and the outcomes of the forecasting procedures. The requirements for a Community-Based Corrections Plan forecast specify a forecast of the expected inmate population for a period of no less than 10 years beyond the expected date of occupancy of the new or expanded facility. Consequently, the planning forecast is for the expected population in July 2032. Significant Finding: While the jail population significantly exceeds the rated capacity of the existing jail, the general trend in the population has a “downward drift.” The overall population has been relatively stable over the past six fiscal years and it is reasonable to assume that decision makers should plan a facility which will accommodate a jail population of 160 inmates. Background Methods used to produce the forecast contained in this document are based on analyzing historical population trends and projecting those trends into the future. The assumption has been made that history provides a sound basis upon which to build planning estimates. Historical data reflects a set of conditions that existed during a given time period and these conditions (sentencing practices, sentence guidelines, correctional policy, community altitudes towards non-incarceration alternatives, state and local responsibility definitions) may be significantly different from the conditions experienced in the future. Changes to the local and state responsibility definitions often complicate the use of the historical data. In the mid-to-late 1990’s, these problems were exacerbated by the changes in local and state responsibility definitions for inmates convicted for crimes committed prior to and after January 1995. In addition, the opening of new state facilities results in “short term decreases” in the historical number of state responsible felons incarcerated at the local level. In general, projections based on historical data are based on the assumption that State capacity increases and decreases will continue in the future. Forecasting most future criminal justice populations is at best a difficult task, and estimating future jail population levels is no exception. While forecasts that are too “high” can lead to costly and unnecessary construction projects, forecasts that are too “low” can result in poorly managed systems, overcrowding and facilities that are unsafe for offenders and jail personnel. Forecast Database To develop the forecast, historical monthly average daily population figures from the Local Inmate database compiled by Jail personnel and submitted to the Virginia Compensation Board were prepared for the period July 2012 through January 2018. Historical monthly populations include inmates housed in other jails as reported by jail personnel. The detailed forecast database is displayed in the following tables. 7.d.a Packet Pg. 186 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 69  The total inmate population for whom the County is responsible has varied over the last six fiscal years from an average of 179 inmates in FY-13, to 156 in FY-18.  While the population far exceeds the capacity of the local jail it has remained fairly constant since the beginning of FY-13. Pittsylvania County Jail Population by Month: Total Population FY 2013 - FY 2018 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 179.8 173.1 190.5 149.0 165.0 150.6 August 180.2 171.6 178.9 150.1 166.2 158.5 September 184.3 170.4 180.6 169.8 157.5 157.3 October 184.7 154.7 185.5 167.8 168.7 155.3 November 187.1 153.4 179.2 171.3 170.9 155.3 December 185.3 150.9 168.8 174.1 171.9 154.3 January 188.9 155.3 169.8 163.0 152.7 159.9 February 180.8 152.8 166.0 164.4 148.2 -- March 178.5 158.0 171.3 168.9 161.1 -- April 175.6 166.9 173.0 168.9 157.3 -- May 166.0 171.7 166.2 159.0 158.6 -- June 158.9 181.9 155.3 156.7 152.0 -- Average 179.2 163.4 173.8 163.6 160.9 155.9 Change -- -15.8 10.4 -10.2 -2.7 -5.0 Maximum 188.9 181.9 190.5 174.1 171.9 159.9 Minimum 158.9 150.9 155.3 149.0 148.2 150.6 The calculated monthly database used to generate the population forecast included the local jail inmate population and the population of Pittsylvania County inmates incarcerated in other jails. These populations are displayed in the two tables that follow.  In January 2018 there were, on average, 110 inmates housed in the Pittsylvania County jail. Through January 2018 (the first seven months of FY-18) there were an average of 107 inmates confined the local jail.  Over the last six fiscal years, the number of inmates housed in the local jail ranged from a high of 126 in FY-16 to a low of 89 in FY-18.  Since FY-13, there average annual number of inmates in the local facility has varied between 107 – 113  Over the last six years there has been an average of 55 Pittsylvania County inmates per month housed in other local jails du to crowding in the local jail. Nearly all of these inmates have been confined in the Blue Ridge Regional Jail. 7.d.a Packet Pg. 187 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 70 Pittsylvania County Jail Population by Month: In House Population FY 2013 - FY 2014 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 123.2 119.0 120.4 104.1 112.3 89.4 August 122.1 113.1 107.4 102.5 114.5 112.8 September 121.0 115.0 112.3 111.6 103.6 111.6 October 119.9 104.3 112.1 112.5 111.4 111.1 November 118.8 105.9 103.0 117.4 108.0 110.2 December 117.7 102.6 99.8 116.3 106.5 106.0 January 116.6 109.4 105.4 108.9 102.4 110.0 February 115.5 110.7 105.8 115.7 111.7 -- March 114.4 113.2 117.6 125.9 117.5 -- April 113.3 115.8 117.5 123.8 113.1 -- May 111.1 119.7 114.5 110.4 109.9 -- June 111.1 122.9 108.9 105.9 103.9 -- Average 117.1 112.6 110.4 112.9 109.6 107.3 Change -- -4.5 -2.2 2.5 -3.4 -2.3 Maximum 123.2 122.9 120.4 125.9 117.5 112.8 Minimum 111.1 102.6 99.8 102.5 102.4 89.4 Pittsylvania County Jail Population by Month: Population in Other Jails FY 2013 - FY 2018 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 July 56.5 54.1 70.1 44.9 52.8 61.3 August 58.1 58.5 71.5 47.6 51.8 45.8 September 63.3 55.4 68.2 58.2 54.0 45.7 October 64.8 50.4 73.4 55.3 57.3 44.2 November 68.3 47.5 76.2 53.8 62.9 45.0 December 67.6 48.3 69.0 57.9 65.5 48.3 January 72.3 46.0 64.4 54.1 50.4 49.9 February 65.3 42.1 60.3 48.7 36.5 -- March 64.0 44.8 53.7 43.0 43.6 -- April 62.3 51.1 55.4 45.1 44.2 -- May 54.8 52.1 51.7 48.6 48.7 -- June 47.7 59.0 46.4 50.8 48.1 -- Average 62.1 50.8 63.4 50.7 51.3 48.6 Change -- -11.3 12.6 -12.7 0.6 -2.7 Maximum 72.3 59.0 76.2 58.2 65.5 61.3 Minimum 47.7 42.1 46.4 43.0 36.5 44.2 7.d.a Packet Pg. 188 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 71 Forecast Methodology – Pittsylvania County Jail A number of different forecast models were developed for projecting the future confined population. Forecasts were generated using Exponential Smoothing models (Simple, Holt and Winters), and a number of different ARIMA models (commonly called Box Jenkins models). Using available diagnostic information, the three best models were selected and compared. In addition, a linear regression model was generated to provide a graphic long term trend line. All models used to project the population are based upon the assumption that long term historical trends in population levels can be extrapolated into the future. The various models were developed using a software program titled Forecast Pro, developed by Business Forecast Systems. A series of criteria were reviewed in selecting a method for forecasting the population. These criteria included the Adjusted R-squared value, the Durbin-Watson and the BIC (Schwarz Information Criterion), with primary emphasis on the BIC. Interpretation of Comparative Statistical Measures Adjusted R-Square: higher values are desired; this statistic measures “how certain” we can be in making predictions with a model; the proportion of variability in the data set that is accounted for by a model. MAD (Mean Absolute Deviation): lower values are desired; this statistic measures the size of error (the difference between the predicted and actual historical monthly population in the database); measures “how accurate” a model predicts historical data; unlike the forecast error, this statistic does not take into account positive (+) and negative (-) signs. Durban-Watson (DW): values close to 2.0 are desired; this statistic measures problems with a model’s capacity to result in good projections (it measures serial correlation problems); as a rule of thumb values of less than 1.2, or greater than 3.7 indicate serial correlation issues; however, empirical research seems to indicate that making a model more complex in order to obtain a non-significant Durbin-Watson statistic does not result in increased forecasting accuracy. Standardized BIC: lower values are desired; rewards goodness of fit to the historical data and penalizes model complexity; the model with a lower BIC will generally be the more accurate. For criminal justice data, the BIC is generally a more appropriate statistic upon which to base a selection, due to the less stable aspects in the criminal justice data series caused by one-time events and other factors. Forecast Models – Pittsylvania County Jail Diagnostic information associated with one Exponential Smoothing model and two ARIMA (Box Jenkins) models is presented below. These three models displayed superior diagnostic information and represent the three “best” models. For comparison purposes, information associated with a linear regression model is also presented. It should be stressed that the statistical properties associated with the regression model are extremely weak, and this model was not given any serious consideration. It is displayed in tables that follow merely to illustrate the long term straight trend in the historical data. 7.d.a Packet Pg. 189 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 72 Pittsylvania County Jail Jail Population Forecast Model Options Statistic Linear Regression Alternate 1 Exponential Smoothing Box-Jenkins Alternate 2 (1,0,2)*(1,1,1) Alternate 3 (1,0,1)*(1,1,1) Adj. R-Square 0.15 0.42 0.62 0.63 Durbin-Watson 0.69 1.97 2.01 2.00 Forecast Error 9.42 7.74 6.25 6.18 MAD 7.34 5.75 4.28 4.28 Standardized BIC 9.92 7.94 7.1 6.84  Overall, based on the comparative statistics displayed in the table above, the Box-Jenkins Alternate 3 model (1,0,1)*(1,1,1) demonstrated the superior diagnostic statistics. This model demonstrated smaller forecast error, MAD and Standardized BIC values. The resulting forecasts for each of the models are presented in three year intervals, for June of the year identified in the table that follows. Pittsylvania County Jail: Comparison of Model Forecasts Projected Jail Population June Each Year Box-Jenkins Linear Regression Alternate 1 Exponential Smoothing Alternate 2 (1,0,2)*(1,1,1) Alternate 3 (1,0,1)*(1,1,1) Average (Excluding Regression) 2020 151 160 160 160 160 2023 142 160 159 159 159 2026 134 160 159 159 159 2029 126 160 159 159 159 2032 117 160 159 159 159  The resulting forecasts for the three models under consideration were nearly identical. In the projected year 2032, the models projected a population of 159- 160 inmates – essentially “no growth” population projections. The jail population forecast is displayed in the chart that follows. 7.d.a Packet Pg. 190 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 73 Forecast Selection While the jail population significantly exceeds the rated capacity of the existing jail, the general trend in the population has a “downward drift.” The overall population has been relatively stable over the past six fiscal years and it is reasonable to assume that decision makers should plan a facility which will accommodate a jail population of 160 inmates. 60 80 100 120 140 160 180 200 Feb-13Dec-13Oct-14Aug-15Jun-16Apr-17Feb-18Dec-18Oct-19Aug-20Jun-21Apr-22Feb-23Dec-23Oct-24Aug-25Jun-26Apr-27Feb-28Dec-28Oct-29Aug-30Jun-31Apr-32Pittsylvania County Jail Historical and Projected Inmate Population Historical Forecast Linear (Historical)Linear (Forecast) 7.d.a Packet Pg. 191 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 74 Section 6 Summary and Recommendations 7.d.a Packet Pg. 192 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 75 The success of the operational personnel in overcoming the design and space problems are a credit to the Sheriff, jail administrators and the personnel working in the jail. However, the jail needs to be expanded to provide sufficient space to accommodate existing crowding that is expected to continue into the future, and to provide sufficient support and administrative space.  The need for an expansion of the jail capacity available to the Pittsylvania County Jail is documented in this report. The County does not have the operating capacity required to support the future incarceration needs. The population forecast developed for the Jail does not indicate that the jail population will increase through the year 2032. However, a jail, designed and built in the early 1980’s is inadequate for the current and projected incarceration needs of Pittsylvania County. It does not contain sufficient space for the number of offenders incarcerated there to meet the current program and operational standards of the Board of Corrections. Virtually all areas of the facility are congested.  County decision makers should focus on providing sufficient space to accommodate an operating capacity of 160 general population beds and expand local programming in the areas of Alternative Sentencing, Work Release, Reentry and Pre-trial to better ensure that any future jail population growth will not exceed the planning projections. Local Jail Configuration for 160 Inmates The required number of general population beds, the security mix, temporary holding spaces, special purpose cells, visiting spaces, multipurpose and recreational space and food service area for a given general population capacity are detailed in the Standards for Design, Construction and Reimbursement of Local Correctional Facilities - Part V. For a facility with a general population capacity of 160), the following cell/bed counts and other areas are required by the Standards, unless documentation can be provided that supports deviations from these security level breakouts. General Population Cell/Bed Count for Operating Capacity of 160 Item Security Level Total Maximum Medium Minimum (20%) (40%) (20%) Beds/Cells 32 64 64 160 Allowable range 29-35 58-71 58-71 Maximum Beds/Housing unit 12 24 24 n/a % multiple occupancy (maximum) 0% 50% 100% n/a In addition, should decision makers decide to continue to operate a local jail to house its total jail population, the following recommendations are offered for consideration: 7.d.a Packet Pg. 193 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Pittsylvania County Jail Community Based Corrections Plan 76  At least 50% of the minimum security general population beds should be dormitory style. Consideration should be given to 75% - 100% of the minimum security general population beds in dormitory style.  A maximum of 50% of the medium security capacity can be designed as multiple occupancy cells or rooms; at least 50% of the general population housing for medium security detainees must be single occupancy cells.  Outdoor and indoor recreation areas must be provided.  A Work Release Housing Unit should be included in the expansion of the Jail. The work release component should be separated from the general population to minimize the opportunities for introduction of contraband into general population housing units.  Consideration should be given to requesting approval for creating part of the capacity as a community custody facility. This facility (or section of the new facility) would accommodate work release offenders and individuals serving weekend sentences.  Not less than 15,000 SF should be devoted to program space (multipurpose rooms, classrooms, counseling, recreation, etc.).  Attention should be given to designing space for the jail’s various existing and anticipated education, counseling and training programs. Operating Capacity Split – Male and Female While the standards do not specify any percentage breakdown between the male and female general population capacity, typically designs for females are between 13% - 15% of the total operating capacity of a new facility. 7.d.a Packet Pg. 194 Attachment: 571552_Pittsylvania Comp Just Assess_2019-10-26 (1811 : Final Jail and Courthouse Assessment Approval (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Dam Study RFP Award (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 19, 2019 Item Number: 7.e Attachment(s): FR proposal - Froehling & Robertson Dam Proposal Client Agreement - Cherrystone Dams Reviewed By: SUMMARY: Through the efforts of the Town of Chatham, the sponsors of the Cherrystone Lake Dam and the Roaring Fork Lake Dam (the “Sponsors”) were provided a State Grant of $100,000 to explore alternative dam rehabilitation options. The Board recently approved the NCRS Rehabilitation Plans (the “Plans”) for both dams. Both Plans are being submitted to the various federal agencies for final approval. Once final approval is obtained, the Sponsors will request funding for the design of the proposed rehabilitation projects. In the meantime, the Sponsors solicited proposals from Engineering firms to review the reports and evaluate potential less costly or improved options. Proposals were submitted by Froehling & Robertson, Inc. and Hurt & Proffitt. Both firms demonstrated extensive experience in dam rehabilitation projects. A committee consisting of Tom Kelley (Solid and Water Conservation District), Joe Rogers (Town of Chatham), and Richard Hicks (the County) interviewed both firms and recommended negotiating a contract with Froehling & Robertson, Inc. The Pittsylvania County Solid and Water Conservation Board approved the proposed Agreement on October 22, 2019, and the Town of Chatham approved the proposed Agreement on November 12, 2019. For your review and consideration, a copy of original proposal and a copy of the proposed Agreement is attached. FINANCIAL IMPACT AND FUNDING SOURCE: The total cost of the Project will be funded with the State Grant Funds of $100,000. This will be a reimbursable Grant, so the County may need to serve as the Fiscal Agent for the Grant Funds and cover the initial costs. Should the County become Fiscal Agent, a total of $100,000 needs to be appropriated to the Grants Fund to cover these expenditures. There would be no local match for this Grant. RECOMMENDATION: County Staff recommends the Board approve and accept Froehling & Robertson, Inc.’s Proposal and approve the appropriation of $100,000 to the Grants Fund, should the County become the Grant’s Fiscal Agent. 7.e Packet Pg. 195 MOTION: “I make a Motion to approve and accept Froehling & Robertson, Inc.’s Proposal in the amount of $95,000 for the Cherrystone and Roaring Fork Dams Cost Reduction Study and authorize the County Administrator to execute the Agreement on behalf of the Board. I further make a Motion to appropriate a total of $100,000 to the Grants Fund should the County serve as the Grant’s Fiscal Agent.” 7.e Packet Pg. 196 Request for Proposal RFP# 20190722 Cherrystone and Roaring Fork Dams Cost Reduction Study Prepared for Pittsylvania County 1734 Seibel Drive, N.E. Roanoke, Virginia 24012 540.344.7939 &FROEHLING ROBERTSON Engineering Stability Since 1881 ® 7.e.a Packet Pg. 197 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 3 In Compliance with this Request for Proposal the named party hereby submits a proposal in response to Pittsylvania County to furnish services described in this RFP. The entire proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the RFP, constitute the entire proposal. The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address of Firm: ___________________________________________ Date: ________________________________ ___________________________________________ By: _________________________________ (Signature in Ink by Officer of the Corporation) ___________________________________________ Name: _________________________________ (Please Print) _________________________Zip Code___________ Title: _________________________________ Phone: (____) _______________________________ Fax: (_____) ____________________________ E-mail: _____________________________________ State of Incorporation: ___________________ State Corporation Commission #: __________ Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate and a list of officers Addendum No. ____________, dated____________ (Please note all addenda’s) (Return this Form) Froehling & Robertson, Inc. 1734 Seibel Drive, N.E. Roanoke, Virginia 24012 540 344-7939 DSipher@fandr.com Regional Vice President 540 344-3657 Virginia 0027211-2 #1 08/08/2019 Donald J. Sipher, P.E. September 4, 2019 7.e.a Packet Pg. 198 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Signed and Sealed at Richmond on this Date: «DATE» Joel H. Peck, Clerk of the Commission CISECOM Document Control Number: «O2» CERTIFICATE OF GOOD STANDING I Certify the Following from the Records of the Commission: That «Entity Name» is duly incorporated under the law of the Commonwealth of Virginia; That the date of its incorporation is «Date of Formation/Registration»; That the period of its duration is perpetual [or expires on {date}]; and That the corporation is in existence and in good standing in the Commonwealth of Virginia as of the date set forth below. Nothing more is hereby certified. That FROEHLING & ROBERTSON, INCORPORATED is duly incorporated under the law of the Commonwealth of Virginia; That the date of its incorporation is October 11, 1924; That the period of its duration is perpetual; and That the corporation is in existence and in good standing in the Commonwealth of Virginia as of the date set forth below. Nothing more is hereby certified. May 10, 2019 1905105476 7.e.a Packet Pg. 199 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) FROEHLING & ROBERTSON, INC. Engineering Stability Since 1881 1734 Seibel Drive, NE Roanoke, Virginia 24012 T 540.344.7939 | F 540.344.3657 Corporate HQ: 3015 Dumbarton Road Richmond, Virginia 23228 T 804.264.2701 F 804.264.1202 www.fandr.com VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA A Minority-Owned Business September 4, 2019 Ms. Connie Gibson Pittsylvania County Purchasing Department 1 Center Street Chatham, Virginia 24531 RE: Request for Proposal #20190722 Cherrystone and Roaring Fork Dams Cost Reduction Study Professional Services Dear Ms. Gibson: Froehling & Robertson, Inc. (F&R) is pleased to submit this package to express our interest in and enthusiasm for providing professional engineering services for Pittsylvania County. F&R is ideally suited to perform these services for the following reasons: THE RIGHT EXPERIENCE. Our team’s dam project portfolio is unmatched by our competition. Backed by the resources of an engineering firm with over a century of experience, F&R’s dam services professionals have worked under contract with the Virginia Department of Conservation and Recreation (DCR) and the Virginia Department of Game and Inland Fisheries (VDGIF). Furthermore, our team has been closely aligned with dozens of private property owners association and HOAs, providing consultation and guidance in support of their dam management programs. THE RIGHT PROFESSIONALS. The managing engineer to be assigned to this project is a former manager of the VDGIF dam safety program with a broad background of varied dam services experience, and as such, knows precisely what it takes to get your plan approved by regulatory agencies. THE RECOGNIZED and LOCAL EXPERTS. F&R Roanoke will be your partner throughout the process with a full staff and suite of equipment ready to mobilize at a moment’s notice. F&R offers a locally knowledgeable staff of engineers and scientists that are committed to assisting the Pittsylvania County in staying on schedule and within budget. SWaM CERTIFIED. F&R is a third generation, minority-owned business enterprise and is certified as such by the Commonwealth of Virginia (SWaM #649650) PERSONAL SERVICES. F&R has an organizational structure that will assure rapid response for each assignment. Mr. David Krisnitski, P.E. will be your partner and single point of contact for all work under this contract. Mr. Krisnitski directs F&R’s Dam Engineering Section; he will manage each phase of work and respond fully to all of Pittsylvania County’s requests. 7.e.a Packet Pg. 200 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Pittsylvania County RFP #20190722 F&R Record No.: 1962-00837 2 September 4, 2019 F&R is responding as the lead A/E and will focus on:  Review of existing engineering reports and confirmation of the available H&H and Geotechnical data  F&R’s drilling crews will obtain additional Geotechnical site data and samples  Exploration of alternative design options (PER) As part of the project team, we are pleased to continue our collaboration with Dewberry and Davis Engineers. Dewberry’s local experience will be an invaluable asset to help serve the needs of Pittsylvania County for:  Environmental reporting and preparation of permit  Identification of design submittal and permitting requirements to satisfy Dam Safety and NRCS. We appreciate your consideration of F&R as your resource for professional engineering services. We look forward to getting started. Sincerely, FROEHLING & ROBERTSON, INC. Donald J. Sipher, P.E. Regional Vice President E: DSipher@fandr.com / T: 804.264.2701 7.e.a Packet Pg. 201 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Table of Contents Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services ® Section 1 Firm Qualifications, Experience, & References Section 2 Project Organization, Personnel & Staffing Section 3 Project Approach, Work Plan, Timeline & Cost Section 4 Appendix PRECISION. PROFESSIONALISM. PROGRESS. 7.e.a Packet Pg. 202 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 1. Firm Qualification, Experience & References ® PRECISION. PROFESSIONALISM. PROGRESS. Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services 7.e.a Packet Pg. 203 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Froehling & Robertson, Inc. has been serving the design and construction communities for more than 137 years. Established in 1881, with offices in Roanoke since 1961, F&R is a leading multi-disciplinary engineering firm offering clients a full range of services including our core competencies of geotechnical engineering, construction materials testing, special inspections and environmental services. Our mid-Atlantic footprint enables us the local resources needed for moments-notice mobilization and the efficient cost-effective services and regional know-how our clients rightfully demand. F&R has proudly provided multi-disciplinary engineering services not only for some of the mid-Atlantic region’s most transformational construction projects, but also for many of the smaller, municipal quality-of-life projects that are so important to maintaining efficient and liveable communities. F&R’s design and administrative approach to projects strives to identify, assess and solve our clients’ environmental, geotechnical and construction issues, while working with them to evaluate risk management decisions. Below are descriptions of our abilities and qualifications in each of the service areas that will be required throughout the life of this contract. Dam Consulting That Won't Hold Your Projects Back The engineers and technicians that comprise F&R's dam consulting team bring decades of experience to Pittsylvania County, including years of experience serving as governmental regulators. This wealth of knowledge and hands-on experience allows F&R to effectively provide Pittsylvania County with a full suite of dam consulting services. Having conducted investigations of over 100 dams throughout the mid-Atlantic region, our engineering staff has successful working relationships with all of the DCR Regional Dam Safety engineers and helps public and private dam owners understand and navigate state dam safety regulations. An overview of the specific dam related services we can provide includes: Planning F&R works with owners and government agencies to provide preliminary engineering reports (PER) and project scoping, as well as prioritization when remedial action is needed for multiple impounding structures. Dam Safety Inspections and Condition Assessments F&R performs site observations and visual assessment of embankment and spillway structures to identify deficiencies and potential problems such as excess seepage, erosion, settlement, slope instability, valve and conduit operation, and structural deterioration. Flood Inundation Studies and Mapping F&R has been a leader in Virginia performing Inundation Studies since they first became a requirement for state regulated dams. A properly completed inundation study is critical to identify potential impacts downstream of a dam for use in the Cherrystone & Roaring Fork Dams Cost Reduction StudyProfessional Engineering Services Firm Overview Pittsylvania County Firm Snapshot • Established in 1881 • Headquartered in Richmond, Virginia • Third Generation Family Owned • Minority/SWaM Certified • 400 Employees • 15 Offices from Maryland to South Carolina • In-House Drilling • AASHTO Accredited Laboratories Officers: Samuel S. Proctor, CEO Michael W. Matthews, PE, PresidentTimothy Glynn, CPA, CFO Donald J. Sipher, PE, Regional Vice President Daniel K. Schaefer, PE, Vice President Gary A. Bruce, PE, Vice President Froehling & Robertson, Inc. 1734 Seibel Drive, Roanoke, Virginia 24012 540.344.7939 7.e.a Packet Pg. 204 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) EAP. F&R maintains a staff of highly experienced hydrology/hydraulic modelers, engineers, GIS and graphics professionals. We use our experience along with the most up to date hardware and modeling software to accurately and efficiently complete our inundation study. Emergency Action Plans (EAPs) This services includes development of action plans for implementation by dam owners and emergency response personnel in the event of a potential dam break. F&R has developed an EAP template that has been embraced by the Virginia Dam Safety regulators. If requested, F&R also facilitates tabletop exercises of the EAP with local emergency services personnel. This is a required step for the dam owner and local emergency services personnel to be familiar with the EAP and refine it to meet their needs and capabilities. Incremental Damage Assessments (IDA) An IDA is an accepted procedure to allow a dam owner to have a reduced dam spillway requirement bases on incremental damage due specifically to the dam. This analysis can be performed separately after an inundation study, but F&R automatically includes this service within our typical inundation study procedure. Hazard Classification Assessments Utilizing topographic maps, aerial photographs, and GIS data together with our visual reconnaissance of downstream areas, F&R staff evaluates potential damages and flooding within the Dam Break Inundation Zone to determine each dams' hazard class. Design Documents Preparation When a construction project is required, F&R's engineers and technicians endeavor to provide detailed and comprehensive design documents. F&R has received excellent comments on our plan submittals from the DCR reviewers and bidding contractors. Bid Phase Services During a construction bidding process F&R works with owners to help answer questions about the design documents and ensure that the intent of the project in clearly communicated. Once recieved, F&R assists the owner with review of bids and provides advice and recommendations on awarding projects to contractors. Construction Phase Services During construction, F&R regularly provides oversight and inspection services on behalf of the owner and the design. F&R also provides construction administration to assists with RFI's, payment applications, and other project management duties. Public Relations For projects that are in the public spotlight, F&R assists the owner by providing facts and information requested by the media. F&R's graphics designers produce excellent still renderings and even moving clips to help the public understand how the project will look. Dam Removal F&R supports client efforts to restore historic up-river passage (or to remove public hazards) by providing bathymetry profiling, sediment transport analysis, sediment profiling, environmental studies, permitting, and construction plans and specifications. Cherrystone & Roaring Fork Dams Cost Reduction StudyProfessional Engineering Services Pittsylvania County Froehling & Robertson, Inc. 1734 Seibel Drive, N.E., Roanoke, Virginia 24012 540.344.7939 7.e.a Packet Pg. 205 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Cherrystone & Roaring Fork Dams Cost Reduction StudyProfessional Engineering Services Pittsylvania County Froehling & Robertson, Inc. 1734 Seibel Drive, N.E. Roanoke, Virginia 24012540.344.7939 Remedial Design In response to identified dam safety deficiencies, F&R staff provides designs needed for principal spillway valves and conduits, erosion protection, slope and channel armoring, tree removal, seepage collection and control, draw-down siphons, and auxiliary spillway capacity upgrades. Structural Design We assess existing spillway structures (risers, conduits, box spillways, earth channels, outlet structures) for hydraulic capacity and structural conditions and design new structures as needed for required capacity and/or maintenance improvements. Geotechnical Analysis With over 70 years of geotechnical experience, F&R is an undisputed leader in the geotechnical field. Using intrusive subsurface and non-intrusive geophysical techniques, F&R's professionals can obtain the subsurface data needed to perform analyses of slope stability, settlement, erosion potential, and seepage of earth embankment dams. Our team is comprised of registered professionals with practical experience in all phases of foundation design and earthwork construction. F&R also has complete in-house drilling and laboratory capabilities, thus making it easier to coordinate needed site explorations and keep Pittsylvania County projects on schedule. Subcontracted Services When specialty services are required that cannot be provided by F&R, we work with our network of business associates to subcontract those services. For the purposes of this contract, we anticipate that subcontracted services will be limited to surveying and design of structural concrete features. We have partnered with Dewberry and Davis for these projects in keeping with a long history of cooperative effort between these firms. Dewberry is a multidiscipline engineering firm that is well versed in the design of earth embankment and concrete gravity dams including the associated spillway structures. Through their experience designing both new dams and dam rehabilitation projects, they will bring their expertise in understanding and complying with design and safety criteria to reinforce the project team. 7.e.a Packet Pg. 206 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Project Profile Virginia Department of Game and Inland Fisheries Burke Lake Dam Repair Fairfax County, Virginia Froehling & Robertson, Inc. provided engineering services relating to regulatory dam safety issues for Burke Lake, a 207 acre reservoir used for recreational purposes. Categorized as a High Hazard, Burke Lake dam is constructed of earth and is approximately 44 feet tall. F&R performed the Inundation Study using the Army Corps of Engineers HEC–HMS and HEC-RAS hydraulic models determined the Auxiliary Spillway capacity was 0.6 PMF and did not qualify for any spillway reduction. With several hundred homes in the impact area, this dam became the highest priority for DGIF. After the initial investigation, F&R’s dam specialists studied the grass spillway using the SITES model developed by the National Resource Conservation Service to determine a spillway design that would not fail. F&R’s design included the following repairs to mitigate the potential hazards posed to the surrounding areas: • Installation of graded aggregate filters to control seepage and grit chambers to monitor sediment transport; • Increase the existing earthen auxiliary spillway capacity with a vinyl sheet pile parapet wall, and Turf Reinforcement Matting (TRM) in the spillway for stability; • Re-grading and “riprapping” of principal spillway outlet channel; • Replacement of the inoperable bottom drain sluice gate with a hydraulically actuated knife gate (Bander Smith); • Maintaining an existing walking trail and water intake; • Clearing of trees and bushes from within 25 feet of embankment Precision. Professionalism. Progress. Client Contact Information Virginia Department of Game and Inland Fisheries 4010 West Broad Street Richmond, Virginia 23230 Kateri Shreve 804.367.0141 F&R Services Dam Consulting Services Geotechnical Engineering &FROEHLING ROBERTSON Engineering Stability Since 1881 ® Client Praise “F&R’s work…has been impressive. Due to scheduling constraints, geotechnical and environmental investigations, permitting, a preliminary engineering report and final engineering and construction plans had to be completed in a compressed amount of time. It is clear that hard work and commitment enabled the F&R team to keep this project on track and to develop the most cost effective solutions. DGIF is more than satisfied with F&R’s work on this project.” ‐Kateri Shreve, PE Dam Safety Program Coordinator (VDGIF) 7.e.a Packet Pg. 207 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Project Profile Virginia Department of Game and Inland Fisheries Laurel Bed Dam Russell County, Virginia The Virginia Department of Game and Inland Fisheries (VDGIF), Had long identified the seepage at the Laurel Bed Dam as their number one safety concern. This badly leaking dam is designated as a High Hazard – which meant that if the dam, located in the mountains at an elevation of 3,560 feet, were to break, a massive wave of water and debris would be sent barreling down a steep mountain stream, destroying everything for miles. The VDGIF called on F&R to perform a dam break inundation study, subsurface exploration at the dam and design and oversee a re-design program to restore the dam to safe conditions. One of the most intriguing aspects of this project was F&R’s use of Aquatrack Technology to energize the water-bearing zone with an AC current, identify seepage paths, and develop contour maps of the subsurface water footprint. This activity – combined with a detailed geophysical investigation – enabled F&R to determine that two distinct, shallow seepage paths beneath the emergency spillway, which subsequently merged, saturating the left abutment area. A chemical and cement grout curtain was then designed and installed to target the identified seepage paths. Thanks in large part to the design work made possible by the Aquatrack system, the project cost the Virginia taxpayers just $1.2 million, a savings of $600,000 from initial cost estimates. F&R subsequently performed the newly required Inundation Study which showed the need for larger spillway for this High Hazard dam. F&R designed and is currently managing construction of the required concrete spillway expansion. Due to F&R’s innovative design work, the company was recognized by the ACEC of Virginia with an Engineering Excellence Grand Award. Precision. Professionalism. Progress. Client Contact Information Virginia Department of Game and Inland Fisheries 4010 West Broad Street Richmond, Virginia 23230 Kateri Shreve 804.367.0141 F&R Services Dam Consulting Services Geotechnical Engineering &FROEHLING ROBERTSON Engineering Stability Since 1881 ® 7.e.a Packet Pg. 208 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Project Profile Lake Merriweather Dam Auxiliary Spillway Design Rockbridge County, Virginia Froehling & Robertson, Inc. (F&R) was retained by the Boy Scouts of America to perform dam break flood inundation mapping for Lake Merriweather located in Goshen, Virginia. Lake Merriweather proved to be one of the more difficult studies completed by F&R, but we were still able to meet the deadline laid out by the client and DCR dam safety. The Lake Merriweather drainage area was 82.4 square miles while the entire project study area encompassed more than 3,000 square miles of drainage area. F&R studied the inundation area for approximately 49.4 miles downstream from Lake Merriweather Dam. The resulting inundation zone impacted eight bridges, nearly 900 homes, and multiple roadways. F&R also conducted an Incremental Damage Assessment to reduce the required capacity to 0.43 PMF. F&R then prepared a Preliminary Engineering Report showing several options and associated costs for bringing this dam into compliance. Ultimately, the Boy Scouts requested F&R to develop the design for an open cut Auxiliary spillway on the east end of the dam and a parapet wall on top of the dam to further increase the capacity. Pre-design work included an extensive survey and a significant geotechnical investigation including 20 borings down to and into the bedrock and a Geophysical survey performed to determine the durability of the rock. The design uses a 550 foot wide spillway control section to pass 89,000 cfs of storm water and makes use of the bedrock layer for cutback protection. Precision. Professionalism. Progress. Client Contact Information Boy Scouts of America 9190 Rockville Pike Bethesda, Maryland 20814 Les Baron 301.219.9153 F&R Services Geotechnical Engineering Dam Consulting Services &FROEHLING ROBERTSON Engineering Stability Since 1881 ® 7.e.a Packet Pg. 209 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Pittsylvania County References F&R's dam services team has conducted investigations and provided solutions for over 100 dams throughout Virginia. The following reference contacts will attest to the superior quality of F&R's dam consulting services. Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012 540.344.7939 Cherrystone & Roaring Fork Dams Cost Reduction StudyProfessional Engineering Services Virginia Department of Game and Inland Fisheries 4010 West Broad Street Richmond, Virginia 23230 John Fogg, P.E. john.fogg@dgif.virginia.gov 804.367.2087 Boy Scouts of America, National Capital Area 9190 Rockville Pike Bethesda, Maryland 20814 Les Baron les.baron@scouting.org 301.219.9153 Virginia Department of Conservation & Recreation 600 East Main Street, 24th Floor Richmond, Virginia 23219 Dan Cox daniel.cox@dcr.virginia.gov 804.786.7966 Montclair Property Owners Association 3561 Waterway Drive Montclair, Virginia 24219 Phillip Webber operations@montclairva.com 703.670.6187 Virginia Department of Conservation & Recreation Dam Safety and Floodplain Management 8 Radford Street, Suite 102A Christiansburg, Virginia 24073 Tom Roberts, P.E., CFM 540.394.2550 7.e.a Packet Pg. 210 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 2. Project Organization, Personnel & Staffing ® PRECISION. PROFESSIONALISM. PROGRESS. Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services 7.e.a Packet Pg. 211 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) This project will be managed by David A. Krisnitski, P.E. who will be available to Pittsylvania County at any time needed. Mr. Krisnitski has been working in Virginia Dam Safety since 2004. For six years he represented the largest single owner of dams in Virginia with 62 impoundments as the Engineer and Dam Safety Program Manager for the Virginia Department of Game and Inland Fisheries. Mr. Krisnitski initiated the PER study of the entire DGIF owned system of dams and managed the design and construction of the highest priority dams on the list. F&R completed four of the top five priority dams that have been constructed and several other lower priority projects were also completed under his watch. He managed the first inundation studies performed on DGIF dams as the owner and still more in his position as the Dam Engineering Section Manager at F&R. At this point all VDGIF dam inundation studies are now complete. Furthermore, Mr. Krisnitski also served on the Technical Advisory Committee that updated Virginia’s DCR Dam Safety Regulations in 2007 and 2008 where the Inundation Studies first became a statewide requirement. Assisting Mr. Krisnitski are Staff Engineers Amber Kidwell, M.S., EIT and Samuel Barnes, EIT. Ms. Kidwell is our GIS Analyst and is also a geotechnical engineer that also performs the SITES modeling analysis to determine the erosive potential of vegetated spillways. Mr. Barnes works with the hydraulic computer models to develop our inundation studies, incremental damage assessments, and EAP documents. He also develops design alternatives and creates our dam plans and specifications. Rounding out our immediate project team is Kevin Hylton. Mr. Hylton is proficient in AutoCAD programs used to produce our plan documents and also the graphic representations included in our inundation studies and EAPs. Furthermore, F&R is well equipped with the computer hardware and software, HEC-HMS and HEC-RAS modeling programs, SITES for spillway erosion analysis needed to complete our investigations, and AutoCAD Civil 3D to develop project plans for construction. Additionally, Pittsylvania County will benefit from executive level project involvement and senior review. F&R’s Regional Vice President, Donald Sipher, P.E., provides final review for our Dam Services Division. It is leadership, vision, and love of water resources engineering that not only drove Mr. Sipher to start this division over 20 years ago but to also foster its growth over the years. Adhering to F&R’s robust internal QA program, Mr. Sipher has senior review of each and every deliverable and report issued by our Dam Services Division. And finally, our dam services team is augmented by more than 75 geotechnical, environmental and construction engineering professionals on F&R’s staff. Dewberry and Davis is an excellent addition to our team for several reasons. Dewberry is a well-respected and supremely capable engineering firm that is perfectly located to serve Pittsylvania County, the Town of Chatham, and the Cherrystone dams. A long standing and successful professional relationship between the two firms has been developed over many years. Dewberry also brings a very seasoned Dam Safety Engineer in Mr. Geoffrey Cowan, P.E. to provide any additional water resources engineering services as they are needed and has had previous experience with the Town of Chatham and the Cherrystone Dam. Also Mr. Fred Tucker, P.E. with Dewberry joins the team to provide any additional geotechnical engineering services as needed. Resumes for the above key team members can be found in the Appendix of this proposal. F&R would be pleased to provide Pittsylvania County with a full listing of all available personnel in the Roanoke office and corresponding licensure and registrations, if desired. Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012 540.344.7939 7.e.a Packet Pg. 212 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 3. Project Approach, Work Plan, Timeline & Cost ® PRECISION. PROFESSIONALISM. PROGRESS. Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services 7.e.a Packet Pg. 213 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services Project Approach F&R’s goal is to create the most thorough and cost effective solution possible for these dams. We would like to maintain open communications with Pittsylvania County and encourage their participation in the process. We also have the capability to deliver any of our work electronically for your review as well as printed copies. Furthermore, our team can easily visit your offices to meet with you face to face to discuss the aspects of the design concepts. The following scope of services, schedule, and fees are based on the Pittsylvania County solicitation requirements. We are happy to provide consultation prior to beginning any work on the steps we believe are necessary in order of their importance. We understand that the sponsors for Cherrystone Dam #1 and #2a have received proposed design concepts from the National Resource Conservation Service (NRCS) to upgrade both dams. We understand that the concepts presented to the sponsors had a potential cost share of 65/35 (Federal to local) and that the local share is over $7 million. We also understand the NRCS design requirements necessary to use NRCS funds are extensive. In some cases these requirements are far more stringent than may be required by the Virginia Dam Safety requirements which translates into higher costs for both design and construction. However, we further understand that even at the NRCS level a safe design does not have to be the most extreme example in order to still meet the NRCS requirements. We were also informed that the original construction of these dams, including all of the individual features, should also have met the NRCS requirements. If any features or characteristics of the dams were not in compliance, then we must also explore the possibility that the correction costs should be paid 100 percent by the NRCS. For the purposes of this RFP we will focus on saving design and construction costs regardless of the share split because we believe in getting the most benefit from monies that are expended. We have reviewed the proposed NRCS concepts and believe that there are very likely to be less expensive options that can achieve the desired results for these dams. The NRCS requirements include that during the design level flood event the dam and spillways may exhibit only minimal damage that would need to be repaired. This is a vague description that leaves much to interpretation. However if we accept that the current dam configuration meets this criteria for what is “allowable damage” during the design event, then the NRCS should consider the new design acceptable. This acceptance would be based on similar damages resulting from a larger design event. In order to provide a design concept that is less robust than the currently proposed NRCS solution the NRCS may be required to accept this definition of allowable damage in order for the sponsors to provide their cost share. We believe this will be of particular importance if the alternate proposed concept utilizes the existing auxiliary spillway alignment. As such we believe it will be necessary to define this with the NRCS and the sponsors prior to commencing additional work. We believe that the NRCS program should allow waivers of certain design elements. Beginning with the Cherrystone Dam #1, we believe the proposed NRCS design is overly costly and also brings with it certain additional risks that the current dam configuration does not represent. The NRCS has identified several features of the Cherrystone Dam #1 that require modification. Each of them presents a legitimate concern, but the most severe consequences would result from the currently insufficient spillway capacity. The Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012 540.344.7939 7.e.a Packet Pg. 214 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services existing spillway capacity is insufficient for the 1.0 Probable Maximum Precipitation (PMP) design event which could result in failure by overtopping. While it is an exceptionally rare possibility for this dam, even in its current configuration, an overtopping type failure would result in the most extreme devastation downstream so it must be prevented. The next concern identified by NRCS is that the embankment slopes were constructed at 2.5:1 both upstream and downstream. While a 2.5:1 downstream slope is relatively common practice, dam designs dating well before the construction of Cherrystone Dam #1 would often use 3:1 on the upstream slope. The upstream slope remains saturated up to the normal pool elevation most of the time and is expected to become almost entirely underwater during the design level event. In their recent study NRCS has identified the 2.5:1 upstream slope as potentially unstable during a rapid water level drawdown resulting in a potential sliding failure. While this is significant and costly damage to repair it would occur only after a rare event in which the pool level fluctuates significantly. While it does not necessarily represent an embankment failure condition that would result in an uncontrolled release of the impounded water, we agree that the slope configuration does need to be addressed. We are more concerned with the NRCS determination that the downstream slope is inadequate. During a maximum pool event the wall of water on the embankment tries to push all, or at least some portion, of the embankment height downstream. For earthen dams if any portion of the embankment is moved it will open a path for water to escape. Once water finds an open path through the dam it will quickly erode the soils adjacent to that outlet resulting in a total failure of the embankment that would be nearly as severe as an overtopping failure. As noted, the 2.5:1 downstream slope at Cherrystone Dam #1 is quite commonly used in earthen dam design. If this configuration is currently insufficient it is imperative that we determine if something has changed since the original construction. The NRCS proposal to correct the slope issues includes flattening both the upstream and downstream slopes from 2.5:1 to 3:1 and to also add an additional resistance mass at the toe of each. Per the NRCS, this increases the resistance that the slopes provide against the forces acting on them as well as increases the Factor of Safety calculations sufficiently to meet their minimum requirements. For the upstream slope, a 3:1 configuration allows the embankment’s saturated surface adequate time to drain internally during rapid drawdown conditions to prevent a localized slide failure. It also adds to the overall mass of the dam to resist a global failure. For the downstream side the flatter slope provides several benefits as well. Primarily it adds additional resistive mass. It also better controls seepage by extending the length it has to travel before it can erupt on the surface. The flatter slope also makes it easier to perform routine mowing and other maintenance. The NRCS also proposes to widen the top of the dam slightly which provides additional resistance mass and distance for seepage to travel. We agree with the NRCS conclusion that the use of less expensive earth is appropriate to satisfy these goals instead of using a structural solution. However, we are concerned that the NRCS proposed upstream slope modifications require completely draining the lake which introduces a number of significant consequences. We will therefore explore the potential to achieve the desired slope stability with less severe impacts to the lake and its community. After considering overtopping and potential slope failures, we believe the most likely potential failure mode for this dam is the loss of auxiliary spillway integrity. For overtopping to occur during the design storm event the auxiliary spillway must behave as if it were non-erosive, at least up to the maximum pool level, for the design Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012 540.344.7939 7.e.a Packet Pg. 215 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services event. However, the NRCS has already demonstrated using the SITES erosion prediction model that the auxiliary spillway will have eroded through the control section before the dam embankment could be overtopped. This would result in an uncontrolled release of the impounded water down to the existing bedrock, but not the full height of the dam, so it is a far less severe event downstream. One geotechnical boring was taken in the center top of the dam’s auxiliary spillway with four more along the center of the spillway alignment to the bottom. This is a minimal amount of geotechnical investigation that at best is only suitable for performing the SITES analysis. The SITES model analysis shows that the erosion of the current spillway does breach the control section so it qualifies as a failure of the spillway integrity under the guidelines of both the NRCS and the Virginia Department of Conservation and Recreation (DCR). However, what we find very encouraging is that the model also shows the erosion stops on the bedrock at approximately 10 to 12 feet below the auxiliary spillway surface. We intend to perform additional geotechnical investigations to determine the actual rock surface across the spillway. We believe it is likely that competent rock can be confirmed at reasonable depths and that a structural solution in the form of a cutback protection wall in the existing spillway is a very real and cost effective possibility. We have recently completed successful cutback protection projects at Ivy Hill Dam in Bedford County using a mass gravity wall (less than $500,000) and at Montclair Dam in Prince William County with a reinforced concrete wall ($1.3 million). The Montclair dam spillway in particular is a similar size to Cherrystone Dam #1. The NRCS noted that the existing seepage drains, and in particular the metal pipes used for them, are failing. The potential for seepage failure is reasonably addressed since the proposed additional earth fill on the downstream slope provides the opportunity to install a new toe drain system. These filter drains will be installed at the interface of the existing slope and the added fill section. They will be designed to prevent migration of the soil material while allowing the seepage water to pass through and will be installed using non-corrosive collection and discharge pipes. Finally the NRCS has identified the principal spillway tower, and in particular its foundation, as not meeting the required seismic criteria. Tower failure due to seismic activity, while significant, will at most lead to a rapid drawdown failure of the upstream slope and not a loss of the dam embankment. The NRCS proposal involves demolition of this tower and reconstruction of a new tower further upstream which is an expensive proposition and requires draining the lake for an extended period. They justify this measure in part due to their proposed flattening of the upstream slope that would necessitate relocating the tower. We believe there is potential to address the slope issue without moving the tower so this item may be one that warrants requesting a waiver from the NRCS criteria. However, we will endeavor to determine if any steps can be taken to improve the tower in place without completely draining the lake. Another concern we have with relocating the tower is that it requires the need to drain the lake, then to investigate the area where it would be placed, and then perhaps further adjust the design to match the needs of that location. This unknown would require the lake to be drained for an extended period and may also require much more significant measures (i.e. cost) to build a new tower in the new location. Regarding a schedule for services, we assume that this RFP will be awarded by November 1, 2019. We will ask for a start-up meeting to discuss our plans and to obtain any comments the stakeholders wish to provide. In order to maximize efficiencies, we will also perform a new dam inspection visit on the same day. We intend to keep communications as open as possible among the sponsors, NRCS, and DCR. We will also want to ensure that the neighboring property owners will be amenable to widening the auxiliary spillway otherwise our planned Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012 540.344.7939 7.e.a Packet Pg. 216 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services approach will need to be modified. Since our work plan includes additional geotechnical investigation we plan to mobilize F&R’s drill rigs to the site early and complete the drilling in the existing auxiliary spillway by early December. The crew’s primary goal will be to obtain enough rock surface elevation points to determine a 3 dimensional rock surface that we can work within our CAD file. We anticipate this will require approximately $12,000 to $15,000 of the budget. While our geotechnical department is working on the additional drilling our engineering team will begin confirming the accuracy of the H&H modeling and other data provided by the NRCS. Once the design flood hydrographs are confirmed and we have a rock surface representation we will begin developing the size and position of the proposed auxiliary spillway cutback protection wall. This will likely start in December, 2019 and extend into January, 2020 with an estimated cost of $15,000 to $18,000. With the spillway concept set we will move onto developing the embankment stability concepts. While the drill crews are mobilized to the site we will also use them to identify potential borrow locations and available quantities. The borrow material would be used as additional mass and to flatten the slopes of the dam to achieve the required Factor of Safety for both upstream and downstream. We believe this can be achieved without completely draining the lake for an extended period by adding embankment fill material only on the downstream side. We will perform stability models of the proposed changes to determine at least one alternate configuration that could meet the requirements. We anticipate those engineering costs to be between $8,000 and $12,000. This work would be at least partially concurrent with the spillway concept development and is anticipated to be completed in February, 2020. Along with the added fill material we will also identify the location and size of the new toe drains. Finally, we will evaluate our options for the existing principal spillway tower. We will endeavor to determine if it can remain as is with a waiver from the NRCS, or if there are more cost effective measures that can be performed in order to obtain a waiver. The only viable solution may be that the area around the tower still must be dewatered for the improvements to be constructed. However, our goal will be to save the significant cost of a new NRCS spec tower with a slightly better foundation and the environmental and social impacts associated with draining the lake. If deemed appropriate, we prefer to leave the tower where it is and possibly make some improvements in place. This could take another $7,000 to $10,000 to investigate likely finishing in March. We note that this item could still result in having to drain the lake in order to strengthen the tower or build a new one. For Cherrystone Dam #2a we would follow a similar path through geotechnical investigation, confirmation of existing NRCS information, and auxiliary spillway design, and make the timelines coincide as well as we can. The remainder of the items on Cherrystone Dam #1 were not identified as issues for Cherrystone Dam #2a. For example, Cherrystone Dam #2a is already constructed with a proper 3:1 upstream slope configuration at least below the pool level and no embankment widening was proposed by the NRCS. The geotechnical investigation of the Cherrystone Dam #2a spillway would be more extensive than Cherrystone Dam #1. The existing spillway is wider than Cherrystone Dam #1 and the existing boring information indicates that the competent rock needed is likely deeper below the surface. We anticipate this will be approximately Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012 540.344.7939 7.e.a Packet Pg. 217 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012 540.344.7939 $15,000 to $20,000 of the overall budget and could extend into January, 2020. Our engineering team will begin by confirming the accuracy of the H&H modeling provided by the NRCS. Once the design flood hydrographs are confirmed and we have a rock surface representation, we will begin developing the size and position of the proposed auxiliary spillway cutback protection wall. This will likely start in January, 2020 and extend into February with an estimated cost of $15,000 to $18,000. While the drill crews are mobilized to the site we will also use them to identify potential borrow locations and available quantities at Cherrystone Dam #2a that may also be used at Cherrystone Dam #1. Overall, we anticipate the engineering fees will be between $72,000 and $93,000 leaving additional funds available to explore some options in greater detail. The duration of the work would be approximately 6 months from November, 2019 through April, 2020 allowing one month for developing the final report. 7.e.a Packet Pg. 218 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 4. Appendix ® PRECISION. PROFESSIONALISM. PROGRESS. Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services 7.e.a Packet Pg. 219 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) SITES Analysis Amber Kidwell, MS, EIT Staff Engineer The F&R Team The professionals on the following pages are dedicated to expediently providing the highest quality dam consulting services to ensure the success of this project. Pittsylvania County Cherrystone & Roaring Fork Dams Cost Reduction Study Professional Services Senior Review Donald Sipher, PE Regional Vice President Hydraulic Modeling Samuel Barnes, EIT Staff Engineer AutoCADD Technician Kevin Hylton AutoCADD Technician Froehling & Robertson, Inc. 1734 Seibel Drive N.E., Roanoke, Virginia 24012540.344.7939 Contract Manager / Project Manager David Krisnitski, PE Water Resources Engineer® Additional Engineering Support Geoffrey Cowan, P.E. Fred Tucker, P.E. 7.e.a Packet Pg. 220 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) DaviD a. KrisnitsKi, P.E., CFM Water Resources Engineer drisnitski@fandr.com David Krisnitski has over two decades of experience providing engineering and project management services for construction projects of all types and sizes. Immediately prior to joining F&R, Mr. Krisnitski served as the Facilities Engineer for the Virginia Department of Game and Inland Fisheries, (VDGIF) a position in which he oversaw the maintenance of the largest collection of dams in Virginia (41 total). Mr. Krisnitski is closely involved in helping clients to design and formulate repair strategies for earthen and concrete dams. This support includes the performance of project management activities, the production of civil design plans, and the oversight of consultants and contractors on behalf of project owners. Utilizing GIS and CAD programs, he is also able to perform flood inundation mapping and spatial data collection and database development. Relevant ExperienceVirginia Department of Conservation and RecreationStatewide Virginia Along with inundation studies for Douthat and Hungry Mother State Park dams, Mr. Krisnitski served as Project Manager overseeing design and construction of dam repair projects at Holliday Lake, Prince Edward Lake, and Lake Goodwin. Virginia Department of Game and Inland Fisheries, Dam Consulting ServicesStatewide VirginiaAlong with 15 inundation studies, Mr. Krisnitski served as Project Manager overseeing numerous dam repair projects at Burke, Laurel Bed, Nelson, Brittle, Curtis, Thompson, Brunswick, Gordon, Bark Camp, DGIF Hatchery construction projects, and the design and removal of the Harvell Dam on the Appomattox River. Boy Scouts of America, Lake Merriweather DamGoshen, Virginia As Project Manager, Mr. Krisnitski supervised the inundation study, incremental damage assessment, preliminary engineering report, spillway stability analysis, and design of this large high hazard dam in Rockbridge County. A new earthen 90,000 cfs auxiliary spillway was constructed where there previously was no auxiliary capacity. Laurel Bed DamRussell County, VirginiaMr. Krisnitski oversaw the design and construction of a chemical and cement grout repair program that resulted in significant reduction of seepage and appropriate control of remaining seepage. Liberty University, Lake Ivy Hill DamLynchburg, VirginiaMr. Krisnitski managed the inundation study, incremental damage assessment, spillway stability analysis, and preliminary engineering report (PER) for design of this large high hazard dam in Bedford County. A new concrete auxiliary spillway was recommended where there is currently a highly erosive grassed auxiliary spillway. Montclair Property Owners Association, Lake Montclair DamDumfries, VirginiaMr. Krisnitski managed the inundation study, incremental damage assessment, spillway stability analysis, and preliminary engineering report (PER) for this large high hazard dam in Prince William County. Mr. Krisnitski determined that a concrete cutback protection wall was needed to provide appropriate protection. In this case the cutback protection was designed as a reinforced concrete structural wall due to the taller wall section height needed. Education B.S., Civil Engineering, Virginia Tech, 1991 Registrations Professional Engineer Virginia #36465 North Carolina #040215 South Carolina #30464 Tennessee #119194 Missouri #2016011694 Certified Flood Plain Manager Affiliations Association of State Flood Plan Managers Virginia Lakes and Watersheds Association (Board Member) Froehling & Robertson, Inc. 1734 Seibel Drive, NE Roanoke, Virginia 540.344.7939 Years of Experience 9 Years with F&R 28 Years Total 7.e.a Packet Pg. 221 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) DonalD j. siPhEr, PE Regional Vice President/Senior Geotechnical Engineer dsipher@fandr.com Don Sipher has over 38 years of geotechnical and construction materials testing experience. As Regional Vice President, he provides managerial assistance, fiscal operational review, and technical expertise to all of F&R’s operations. Mr. Sipher has served as a geotechnical engineer managing subsurface exploration, geotechnical engineering, geological reconnaissance, and field and laboratory soils testing services. Mr. Sipher has been instrumental in the success of F&R Dam Services Division which he founded over two decades ago and has nurtured to its present multi-professional service line. Beginning with his student engineering trainee position with the USDA’s Soil Conservation Service, he has been involved with the design and construction of earth dams. Relevant Experience Virginia Department of Game & Inland Fisheries Contract for Dam Safety and Consulting Statewide, Virginia Mr. Sipher provides project management, emergency repair services, and field inspection services to assess existing conditions of dam inventory and engineering recommendations for repair and rehabilitation on a 5-year term contract for management of lakes and dams statewide in Virginia. Virginia Department of Conservation & Recreation, Contract for Floodplain Mapping and Analysis Statewide, Virginia Under a term contract, Mr. Sipher serves as Contract Executive, managing a program consisting of site visits, downstream field reconnaissance, field survey, GIS services, hydrology and hydraulic analysis, and HEC-RAS studies resulting in flood inundation zone mapping for over 30 Soil and Water Conservation District dams. Harvell Dam Breaching Petersburg, Virginia As Project Principal, Mr. Sipher oversaw preliminary feasibility studies and final design document preparation for the removal of this low-head concrete dam. Liberty University, Ivy Hill Lake Dam Lynchburg, Virginia As Contract Executive, Mr. Sipher had senior review oversight of the inundation study, incremental damage assessment, spillway stability analysis, and preliminary engineering report (PER) for design of this large high hazard dam in Bedford County. He also provided outreach and information during public response portions of the proposed changes to Lake Ivy. The Lake was part of an upscale community and public interest was very high. A new concrete auxiliary spillway was recommended where there is currently a highly erosive grassed auxiliary spillway. Education MBA, Radford University, 1987 MS, Civil Engineering, Purdue University, 1978 BSCE, Civil Engineering, Clarkson College of Technology, 1977 Registrations Professional Engineer: Virginia #14269 Kentucky #14399 North Carolina #11550 Maryland #26697 West Virginia #12656 Affiliations American Society of Civil Engineers American Council of Engineering Companies (Past President) Association of State Dam Safety Officials Froehling & Robertson, Inc. 3015 Dumbarton Road Richmond, Virginia 23228 804.264.2701 Years of Experience 23 Years with F&R 40 Years Total 7.e.a Packet Pg. 222 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) aMbEr KiDwEll, Ms, Eit Staff Engineer akidwell@fandr.com Amber Kidwell’s primary responsibilities focus on hydraulic modeling. She uses GIS for dam break modeling and for the data collection related to inundation flood mapping projects. Ms. Kidwell has completed numerous dam break inundation studies using the Army Corp of Engineers modeling programs such as: HEC-RAS 4.0, HEC-1, and HEC-HMS 3.5. As part of these efforts, she has collected all the data for dam, bridges, and streams necessary to precisely model any dam break. She has worked through several inundation studies and is adept at trouble shooting computer modeling problems and abnormalities. Also for several of our major dam projects she performs erosion analysis using the NRCS SITES erosion prediction model. She also prepares graded filter designs for toe drains and blanket drains to address seepage through earthen dams. Her ability to manage several projects and assist multiple clients simultaneously has proven to be a significant asset to numerous projects. Relevant Experience Boy Scouts of America, Lake Merriweather DamGoshen, VirginiaMs. Kidwell completed the GIS data assembly and hydraulic model set up for the inundation zone investigation. As part of the PER for the earthen auxiliary spillway design Ms. Kidwell used the SITES software model to perform numerous spillway integrity analysis until a viable grass spillway design was achieved. Ivy Hill Lake DamForest, VirginiaMs. Kidwell completed the GIS data assembly and hydraulic model set up for the inundation zone investigation. She then utilized ArcMap to create the inundation flood maps for the Emergency Action Plan. In an early part of the design options analysis Ms. Kidwell used the SITES model to prove early on that a grassed spillway was not an option for the highly erosive soils in this spillway. Lake Montclair DamDumfries, VirginiaMs. Kidwell completed the GIS data assembly and hydraulic model set up for the inundation zone investigation. She then utilized ArcMap to create the inundation flood maps for the Emergency Action Plan. Ms. Kidwell also used SITES analysis to demonstrate that the auxiliary spillway would not be stable due to the varied surfaces that were in use within the spillway. Carroll County, Lovill’s Creek DamCarroll County, VirginiaMs. Kidwell completed the GIS data assembly and hydraulic model set up for the inundation zone investigation. At the completion of the study she utilized ArcMap to create the inundation flood maps that were then used for the Emergency Action Plan. Town of Pulaski, Gatewood Dam Response PlanPulaski, VirginiaMs. Kidwell completed the GIS data assembly and hydraulic model set up for the inundation zone investigation. At the completion of the study she utilized ArcMap to create the inundation flood maps that were then used for the Emergency Action Plan. Ms. Kidwell provided additional help in researching the necessary evacuee contacts for the EAP. Douthat State Park DamBath County, VirginiaMs. Kidwell completed the GIS data assembly and hydraulic model set up for the inundation zone investigation. At the completion of the study she utilized ArcMap to create the inundation flood maps that were then used for the Emergency Action Plan. EducationMS, Geotechnical Engineering, Virginia Tech, 2010 BS, Geoscience, Virginia Tech, 2008 Registrations Engineer in Training, Virginia Affiliations American Socitey of Civil Engineers Froehling & Robertson, Inc. 1734 Seibel Drive, NE Roanoke, Virginia 540.344.7939 Years of Experience 9 Years with F&R 9 Years Total 7.e.a Packet Pg. 223 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) saMuEl barnEs, Eit Staff Engineer sbarnes@fandr.com Samuel Barnes’s primary responsibilities focus is on dam break modeling and the data collection related to inundation flood mapping projects. He has worked through several inundation studies and is adept at trouble shooting computer modeling problems and abnormalities. He has participated in or completed over 40 dam break inundation studies using the Army Corp of Engineers modeling programs: HEC-RAS and HEC-HMS. Mr. Barnes also maps the inundation areas using ESRI® GIS software called ArcMap™. As part of these efforts, he has collected all the data for dam, bridges, and streams necessary to accurately model inundation areas. Furthermore, Mr. Barnes has performed field work for F&R designs at Bark Camp, Crab Orchard, and Celanese. Relevant Experience Summit Dam Inundation Study RevisionFrederick County, Virginia Mr. Barnes conducted a revision to the original dam break inundation study done in 2013. This revision included analysis of the new VA PMP inflow and updating the Emergency Action Plan (EAP) maps to reflect the new impacts. The owners of Summit Dam were able to reduce their insurance cost associated with the dam. Town of Pulaski, Gatewood Dam Response PlanPulaski, VirginiaMr. Barnes conducted a Flood Response Plan for Town of Pulaski which included HEC-HMS and HEC-RAS analysis of 25, 50, and 100 Year storms and two historical storms. He recommended locations for iFlows stations to improve flood warning time for downtown Pulaski. He also created flood maps in ArcGIS and prepared the EAP. Virginia Department of Game and Inland Fisheries, Lake Gordon DamMecklenburg County, Virginia Mr. Barnes performed HEC-HMS and HEC-RAS analysis for the dam break inundation mapping for VDGIF. A significant tailwater condition below this dam allowed for a spillway reduction to 100 Year Flood. He also developed multiple scenarios for spillway capacity for a PER for this dam and also for the design of this project. Virginia Department of Conservation and Recreation, Simplified Inundation Study ProgramVarious Locations, Virginia As part a DCR initiative to offer low cost inundation studies to Low Hazard dam owners, Mr. Barnes performed several of these for DCR through F&R’s term contract. This analysis has allowed numerous clients to comply with the DCR regulation of their dams with minimal cost. Education BS, Civil Engineering, Virginia Tech, 2014 Registrations Engineer in Training, Virginia Affiliations American Society of Civil Engineers Froehling & Robertson, Inc. 1734 Seibel Drive, NE Roanoke, Virginia 540.344.7939 Years of Experience 5 Years with F&R 5 Years Total 7.e.a Packet Pg. 224 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) KEvin hylton ACAD Technician khylton@fandr.com Kevin Hylton has two decades of experience in ACAD and MicroStation plan review and preparation for Geotechnical, Hydrological, Structural, Electrical, Mechanical and Architectural design projects. His experience includes preparation of construction documents and shop drawings, review for compliance with zoning and local and state code regulations, structural system design, 3-D Modeling and animation of dams and dam breaches, site evaluation of various Virginia dams for Inundation Studies. Mr. Hylton’s responsibilities include development of construction plans, drawings, stream profiles and cross-sections, and maps to support various state and private agencies throughout the mid-Atlantic for the maintenance of existing dams using ArcGIS and AutoCAD software and a variety of geographic data sources. Relevant Experience Boy Scouts of America, Lake Merriweather Dam Goshen, Virginia Mr. Hylton performed site evaluations for the inundation study of the dam as well as drafting cross sections and profiles for the report. He developed 3D models of the spillway concepts considered in the PER and finally created the construction plans for the selected design. Town of Pulaski, Gatewood Dam Response PlanPulaski, Virginia Mr. Hylton performed site evaluations for the inundation study of the dam as well as drafting cross sections and profiles for the report. Lakewood DamCampbell County, Virginia Mr. Hylton performed site evaluations for the inundation study of the dam as well as drafting cross sections and profiles for the report. He developed 3D models of the spillway and created the construction plans for the selected design. Lake Montclair Dam Dumfries, Virginia Mr. Hylton created cross sections and profiles for the inundation study report and for the spillway stability analysis. He developed multiple 3D models of the spillway to help the client determine their next step. Harvell Dam Breach Study Petersburg, Virginia Mr. Hylton performed site evaluations and prepared many visual aids for public meetings which included 3D modeling and animation of the proposed breach. He drafted the construction plans for the dam removal. Education AAS, Construction Technology (Civil Engineering), Virginia Western Community College, 2002 Registrations Virginia Department of Conservation & Recreation, Erosion & Sediment Control Inspector Froehling & Robertson, Inc. 1734 Seibel Drive, NE Roanoke, Virginia 540.344.7939 Years of Experience 9 Years with F&R 23 Years Total 7.e.a Packet Pg. 225 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Dewberry Resumes 1 Geoffrey Cowan, PE WATER RESOURCES ENGINEER Mr. Cowan has extensive experience as a Water Resources Engineer, including drainage design, stormwater management, and floodplain management. He is responsible for managing the planning and design of water resources projects, including stormwater management facilities, lakes and dams, drainage structures, channel improvements, and hydraulic structures. Mr. Cowan's particular expertise is in the design and rehabilitation of dams and stormwater management facilities. Cherrystone Dam Evaluation, Town of Chatham, Chatham, VA, Water Resources Engineer Dewberry provided engineering services to the Town of Chatham to evaluate options for increasing spillway capacity at Cherrystone Dam Numbers 1 and 2A to safely convey the full Probable Maximum Flood (PMF) and prepared a preliminary engineering report (PER) summarizing findings. In addition, Dewberry assisted in the preparation of an application of related work in the NRCS Dam Rehabilitation program. New Lake Hydaway Dam, Liberty University, Lynchburg, VA, Water Resources Engineer Dewberry is currently in the process of designing a new earthen dam to replace the existing 19’ high Lake Hydaway Dam which is in poor condition and does not meet VDCR dam safety regulations. The new dam design will be located roughly ½ mile downstream of the existing dam and will expand the existing permanent pool surface area from roughly 7 to 37 acres. The new dam will be approximately 62’ high and include a concrete drop inlet principal spillway (NRCS 2-way covered riser and concrete pipe outlet conduit) and an open channel ACB lined auxiliary spillway including a concrete cut-off wall to resist headcut erosion. Dewberry will also be involved with construction administration including bidding services. A design report has been submitted to DCR as part of the preliminary design review. Dewberry is also overseeing geotechnical and environmental permitting sub-consultants on the project. As part of the final design for the new dam, Dewberry will prepare a dam alteration permit application to VDCR. Included in the permit application will be construction plans and specifications, a design report, a dam breach analysis and inundation map, an operation and maintenance plan, and an EAP. Horsepen Dam Alteration (Design-Build Project Assoicated with Route 606 Widening), Loudoun County, VA, Engineer-of-Record Responsible for design, permitting, and construction phase services for alteration of this 55’ high, 2000 ac-ft impoundment capacity, high hazard dam to accommodate widening of Route 606. The dam was originally constructed in the 1960s to provide flood control for Dulles Airport with a 2-lane Route 606 crossing through the auxiliary spillway approach channel. As a result of downstream development the dam was reclassified from low to high hazard resulting in inadequate spillway capacity and issuance of a Conditional O&M Certificate from VDCR. The design involved relocating the auxiliary spillway and extending of the drop inlet principal spillway outlet conduit to accommodate the proposed 4-lane divided Route 606 and associated bridge crossing of the auxiliary spillway. A SITES analysis was performed to evaluate headcut erosion potential within the auxiliary spillway during passage of the full PMF which resulted in the need to construct a concrete cutoff across the spillway. The height of the Route 606 roadway/dam embankment was raised approximately 5’ in order to increase spillway capacity and allow a bridge crossing of the auxiliary spillway. • EDUCATION BS • Civil Engineering • Virginia Polytechnic Institute and State University • REGISTRATIONS Professional Engineer • VA • YEARS OF EXPERIENCE Dewberry • 38 Prior • 0 • AFFILIATIONS American Public Works Association (APWA) Virginia Lakes and Watersheds Association (VLWA) Association of State Dam Safety Officials (ASDSO) American Society of Civil Engineers (ASCE) Association of State Floodplain Managers (ASFPM) 7.e.a Packet Pg. 226 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Dewberry Resumes 2 Fred Tucker, PE SENIOR GEOTECHNICAL ENIGNEER Mr. Tucker has more than 47 years of experience working as a civil engineer with specialty in geotechnical engineering. He has managed and executed geotechnical investigations and engineering projects for a wide range of facilities and infrastructure including dams, dikes and embankments, roads and bridges, municipal and industrial treatment facilities, hospitals, schools, medical facilities, office and residential developments, waterfront structures, power plants, and industrial facilities. Mr. Tucker has held senior-level technical and management positions and currently serves as Senior Engineer/Project Manager in Dewberry's Gainesville, Virginia office. He has a working knowledge of federal and state dam safety regulations, Federal Energy Regulatory Commission (FERC) regulations for dam safety and inspections, and he is familiar with the regulatory process. Mr. Tucker’s clients have included Department of Defense (DoD) and other federal and state government entities, municipalities, utilities, shipping industry, port authorities, airport authorities, universities, industries, commercial establishments, and home owners' associations. Lake Hydaway Dam, Liberty University, Lynchburg, VA, Geotechnical Engineer Dewberry is currently in the process of designing the new earthen dam. The new dam design includes a drainage collections system, a clay core, a NRCS riser design, a multi-phase Erosion & Sediment Control Plan, dam cross-sections, emergency spillway details, a UBBR impact-basin, a spillway cutoff wall, construction cost estimates. Dewberry will also be involved with construction administration including bidding services. A design report will be submitted to DCR as part of the preliminary design review. Dewberry is also overseeing geotechnical, structural design, and environmental permitting sub-consultants on the project. As part of the final design for the new dam, Dewberry will prepare a dam alteration permit request with DCR. Included in the permit application will be a design report, a dam breach analysis and inundation map, an operation and maintenance plan and an EAP. Beaver Creek Reservoir Dam, City of Martinsville, VA, Martinsville, VA, Geotechnical Engineer Dewberry performed two phases of investigation on the Beaver Creek Reservoir Dam. The purpose of these investigations was to recommend emergency operational criteria and repairs, gain an understanding of the issues with the spillway, identify potential cause(s) of the problem(s), to qualitatively evaluate the condition of the spillway concrete and its foundation, and provide recommendations to rehabilitate the spillway in accordance with the requirements of the Conditional Operation and Maintenance Certificate. Based on extensive geotechnical and physical exploratory work, and results of seepage modeling, four rehabilitation alternatives were evaluated. A decision matrices was used to select a final hybrid approach for correcting deficiencies and restoring the spillway. Coal Combustion Waste Impoundment Evaluations, U. S. Environmental Protection Agency (EPA), Geotechnical Engineer Served as a lead engineer for Dewberry in an EPA program to assess all critical coal combustion waste impoundment dams in the United States in the aftermath of the major ash basin dike failure that occurred in late December 2008 at the Tennessee Valley Authority’s Kingston Fossil Plant. Dewberry was one of several firms engaged to perform the assessments. At the facilities determined to have “high” and “significant” hazard classifications, systematic visual observations and review of the projects were conducted and detailed assessment reports were prepared much like that done in a FERC Part 12D Safety Inspection. • EDUCATION MS • Civil Engineering • University of Arkansas BS • Civil Engineering • University of Arkansas • REGISTRATIONS Professional Engineer • VA, NC, SC, MD, PA, FL • YEARS OF EXPERIENCE Dewberry • 20 Prior • 27 • AFFILIATIONS Association of State Dam Safety Officials (ASDSO) American Society of Civil Engineers (ASCE) National Society of Professional Engineers (NSPE) International Society of Soil Mechanics and Foundation Engineers (ISSMFE) 7.e.a Packet Pg. 227 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) For More Information: David Krisnitski, PE, CFM T: 540.344.7939 M: 540.632.7435 E: dkrisnitski@fandr.com &FROEHLING ROBERTSON Engineering Stability Since 1881 ® 7.e.a Packet Pg. 228 Attachment: FR proposal - Froehling & Robertson Dam Proposal (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7.e.bPacket Pg. 229Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7.e.bPacket Pg. 230Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7.e.bPacket Pg. 231Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7.e.bPacket Pg. 232Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7.e.bPacket Pg. 233Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7.e.bPacket Pg. 234Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7.e.bPacket Pg. 235Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) ENGINEERING • ENVIRONMENTAL • GEOTECHNICAL THIS AGREEMENT, effective as of this _____________________ day of _______________ 20______, is by and between ______________________________________________________________________________________________ (“Client”) and ________________________________________________________________________________________ (“Engineer”). THE PROJECT is generally described as: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ (“Project”) and is located at:________________________________________________________________________________ _________________________________________________________________________________________ (“Project Site”). THIS AGREEMENT consists of the following documents which are incorporated herein by reference: • GENERAL CONDITIONS FOR ENGINEERING SERVICES; and • Engineer’s SCOPE OF SERVICES AND SCHEDULE OF CHARGES (Exhibit A); and • Any documents specifically listed below or incorporated by reference in the listed documents. ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ Engineer agrees to perform the Services set forth in this Agreement and in accordance with its terms, including all attachments incorporated herein by reference. This Agreement may not be modified or altered, except in writing as specifically described in this Agreement. CLIENT: ENGINEER: Signature: _________________________________________ _________________________________________ Print Name: _________________________________________ _________________________________________ Title: _________________________________________ _________________________________________ Company: _________________________________________ _________________________________________ Address: _________________________________________ _________________________________________ _________________________________________ _________________________________________ Phone No: _________________________________________ _________________________________________ Fax No: _________________________________________ _________________________________________ Date: _________________________________________ _________________________________________ AGREEMENT FOR ENGINEERING SERVICES FORM NO. 1030 Page 1 of 8 Rev. 06/10 7.e.b Packet Pg. 236 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) FROEHLING & ROBERTSON, INC. Engineering Stability Since 1881  1734 Seibel Drive, NE  Roanoke, Virginia 24012  T  540.344.7939 | F  540.344.3657  Corporate HQ:   3015 Dumbarton Road     Richmond, Virginia  23228     T 804.264.2701     F 804.264.1202     www.fandr.com    VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA    A Minority‐Owned Business        AGREEMENT FOR ENGINEERING SERVICES Supplemental Signature Page F&R Proposal No. 1962-00837 (Dated October 18, 2019) CLIENT: Signature: ______________________________ Print Name: _____________________________ Title: __________________________________ Company: ______________________________ Address: _______________________________ _______________________________________ Phone No: ______________________________ Fax No: ________________________________ Date: __________________________________ CLIENT: Signature: ______________________________ Print Name: _____________________________ Title: __________________________________ Company: ______________________________ Address: _______________________________ _______________________________________ Phone No: ______________________________ Fax No: ________________________________ Date: __________________________________ CLIENT: Signature: ______________________________ Print Name: _____________________________ Title: __________________________________ Company: ______________________________ Address: _______________________________ _______________________________________ Phone No: ______________________________ Fax No: ________________________________ Date: __________________________________ ENGINEER: Signature: ______________________________ Print Name: _____________________________ Title: __________________________________ Company: Froehling & Robertson, Inc.____ Address: 1734 Seibel Drive, N.E.________ Roanoke, Virginia 24012_______ Phone No: _ 540-344-7939_________________ Fax No: __ 540-344-3657__________________ Date: _________________________________ 7.e.b Packet Pg. 237 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 1. DEFINITIONS 1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractors, including addenda, amendments, supplementary instructions, and change orders. 1.2. Contractor. The contractor or contractors retained to perform work on the Project for which Engineer is providing Services under this Agreement. 1.3. Day(s). Calendar day(s) unless otherwise stated. 1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution. 1.5. Services. The Services provided by Engineer as set forth in this Agreement, the SCOPE OF SERVICES and any written amendment to this Agreement. 1.6. Work. The labor, materials, equipment and services required to complete the work described in the Contract Documents. 2. SCOPE OF SERVICES Engineer will perform the Services set forth in the attached SCOPE OF SERVICES. 2.1. Changes in Scope. If Engineer provides Client with a written confirmation of a change in the SCOPE OF SERVICES, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Engineer on the Project are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the SCOPE OF SERVICES or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Section 19, “Disputes.” 2.2. Licenses. Engineer will procure and maintain business and professional licenses and registrations necessary to provide its Services. 2.3. Excluded Services. Engineer’s Services under this Agreement include only those Services specified in the SCOPE OF SERVICES. 2.3.1. General. Client expressly waives any claim against Engineer resulting from its failure to perform recommended additional services that Client has not authorized Engineer to perform, and any claim that Engineer failed to perform services that Client instructs Engineer not to perform. GENERAL CONDITIONS FOR ENGINEERING SERVICES 2.3.2. Biological Pollutants. Engineer’s SCOPE OF SERVICES specifically excludes the investigation, detection, prevention or assessment of the presence of Biological Pollutants. The term “Biological Pollutants” includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or any of their byproducts. Engineer’s SCOPE OF SERVICES will not include any interpretations, recommendations, findings, or conclusions pertaining to Biological Pollutants. Client agrees that Engi- neer has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless Engineer from all claims by any third party concerning Biological Pollutants, except for damages caused by Engineer’s sole negligence. 3. PAYMENTS TO ENGINEER 3.1. Basic Services. Engineer will perform all Services set forth in the attached SCOPE OF SERVICES AND SCHEDULE OF CHARGES for the amount(s) set forth therein. 3.2. Additional Services. Any Services performed under this Agreement, except those Services expressly identified in the attached SCOPE OF SERVICES, will be provided on a time and materials basis unless otherwise specifically agreed to in writing by both parties. 3.3. Estimate of Fees. In the event that the Engineer provides a written estimate of the costs to perform the Services, the Engineer will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within said written cost estimate. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. The use of a “not to exceed” limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that Engineer shall not incur fees and expenses in excess of the limitation amount without obtaining Client’s agreement to do so. Under no circumstances shall a written cost estimate be deemed to be a “not to exceed” price unless it is expressly so stated in this Agreement. 3.4. Rates. Clients will pay Engineer at the rates set forth in the SCHEDULE OF CHARGES. 3.4.1 Changes to Rates. Client and Engineer agree that the SCHEDULE OF CHARGES is subject to periodic review and amendment, as appropriate, to reflect Engineer’s then-current fee structure. Engineer will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client objects to the amended fee structure, and Engineer and Client can not agree upon a new fee structure within 30 FORM NO. 1030 Page 2 of 8 Rev. 06/10 7.e.b Packet Pg. 238 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) days after notice, Engineer may terminate this Agreement. Such termination shall constitute a termination other than Engineer’s material breach of the Agreement and Client shall compensate the Engineer as set forth under Section 18.3, Termination, within 10 days after Engineer’s notice of termination. 3.5. Payment Timing; Late Charge. All invoices are due upon receipt. All amounts unpaid 30 days after the invoice date will include a late payment charge from the date of the invoice, at the rate of 1-1/2% per month or the highest rate permitted by law. Attorney’s fees and other costs incurred by Engineer in collecting past due amounts shall be paid by Client. 4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES 4.1. Level of Service. Engineer offers different levels of engineering Services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Client must determine the level of Services adequate for its purposes. Client has reviewed the SCOPE OF SERVICES and has determined that it does not need or want a greater level of Services than that being provided. 4.2. Standard of Care. In providing Services under this Agreement, the Engineer will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in the same locale as the Project and under similar circumstances and at the same time the Services were performed. 4.3. No Warranty. THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE NOT SPECIFIED HEREIN, RESPECTING THIS AGREEMENT OR THE EQUIPMENT, DOCUMENTATION, REPORTS, DESIGN PLANS, DRAWINGS, SPECIFICATIONS, OTHER DOCUMENTS AND SERVICES TO BE PROVIDED HEREUNDER OR THE DELIVERY, USE OR PERFORMANCE THEREOF. 5. ESTIMATE OF CONSTRUCTION COSTS Client acknowledges that construction and Project development are subject to many influences that are not subject to precise forecasting and are outside of Engineer’s control. Client further acknowledges that actual costs incurred may vary substantially from the estimates prepared by Engineer and that Engineer does not warrant or guaranty the accuracy of construction or development cost estimates. 6. CONSTRUCTION PHASE SERVICES When Engineer’s SCOPE OF SERVICES includes observation and/or testing during the course of construction (“Construction Phase Services”), the following clauses will apply: 6.1. Construction Observation. 6.1.1. Site Meetings & Visits. Engineer will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the SCOPE OF SERVICES or, if not specified in the SCOPE OF SERVICES, at intervals as Engineer deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical and construction materials aspects of the Work. Based on information obtained during such visits and on such observations, Engineer may inform Client of the progress of the geotechnical and construction materials aspects of the Work. Client understands that Engineer may not be on site continuously; and, unless expressly agreed otherwise, Engineer will not observe all of the Work. 6.1.2. Contractor’s Performance. Engineer does not, and cannot, warrant or guarantee that all of the Work performed by Contractor meets the requirements of Engineer’s geotechnical recommendations or the plans and specifications for the Work; nor can Engineer be responsible for Contractor’s failure to perform the Work in accordance with the plans, specifications or the recommendations of Engineer. 6.1.3. Contractor’s Responsibilities. Engineer will not supervise, direct or have control over the Work nor will Engineer have authority over the responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor for the Project; for safety precautions and programs incident to the Work; nor for any failure of Contractor to comply with all applicable laws and regulations applicable to Contractor furnishing and performing its Work. 6.1.4. Final Report. At the conclusion of Construction Phase Services, Engineer will provide Client with a written report summarizing the tests and observations, if any, made by Engineer. 6.2. Review of Contractor’s Submittals. If included in the SCOPE OF SERVICES, Engineer will review and take appropriate action on the Contractor’s submittals, such as shop drawings, product data, samples, and other required submittals. Engineer will review such submittals solely for general conformance with Engineer’s design, and will not include review for the following, all of which will remain the responsibility of the Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety. 6.3. Tests. Tests performed by Engineer on finished Work or Work in progress are taken intermittently and indicate the general acceptability of the Work on a statistical basis. Engineer’s tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. FORM NO. 1030 Page 3of 8 Rev. 06/10 7.e.b Packet Pg. 239 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) 7. CLIENT’S RESPONSIBILITIES In addition to payment for the Services performed under this Agreement, Client agrees to: 7.1. Cooperation. Assist and cooperate with Engineer in any manner necessary and within its ability to facilitate Engineer’s performance under this Agreement. 7.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client’s policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client’s representative will be subject to change by written notice. 7.3. Rights of Entry. Provide access to and/or obtain permission for Engineer to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Engineer will operate with reasonable care to minimize damage to the Project Site(s). However, Client recognizes that Engineer’s operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the SCOPE OF SERVICES unless otherwise stated. 7.4. Relevant Information. Supply Engineer with all information and documents in Client’s possession or knowl- edge which are relevant to Engineer’s Services. Client warrants the accuracy of any information supplied by it to Engineer, and acknowledges that Engineer is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify Engineer of any known potential or possible health or safety hazards existing on or near the Project Site, with particular reference to Hazardous Materials or conditions. 7.5. Subsurface Structures. Correctly designate on plans to be furnished to Engineer, the location of all subsurface structures, such as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by Engineer to any such structure or utility not so designated. Engineer is not liable to Client for any losses, damages or claims arising from damage to subterranean structures or utilities that were not correctly shown on plans furnished by Client to Engineer. 8. CHANGED CONDITIONS If Engineer discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement (“Changed Conditions”), Engineer will notify Client in writing of the Changed Conditions. Client and Engineer agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If Engineer and Client cannot agree upon amended terms and condi- tions within 30 days after notice, Engineer may terminate this Agreement and be compensated as set forth in Section 18.3, “Termination”, within 10 days after Engineer’s notice of termination. 9. HAZARDOUS MATERIALS Client understands that Engineer’s Services under this Agreement are limited to geotechnical and construction materials engineering and that Engineer has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, including the potentially affected public, of the existence of any Hazardous Materials on or in the Project site, or located during the performance of this Agreement. The existence or discovery of Hazardous Materials constitutes a Changed Condition under this Agreement. 10. CERTIFICATIONS Client agrees not to require that Engineer execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) Engineer believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) Engineer believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Engineer has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Engineer is limited to an expression of professional opinion based upon the Services performed by Engineer, and does not constitute a warranty or guarantee, either expressed or implied. 11. ALLOCATION OF RISK 11.1 Limitation of Liability. In recognition of the relative risks and benefits of the Project to both the Client and the Engineer, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Engineer to the Client for any and all claims, losses, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of the Engineer to the Client arising out of the Project shall total $50,000, or the Engineer’s total fee for Services on this Project, which- ever is greater. It is intended that this limitation apply to any and all liability or causes of action however alleged or arising, unless otherwise prohibited by law. 11.2. Indemnification. 11.2.1. Indemnification. The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorney’s fees and defense costs (no duty to defend), to the extent caused by the Engi- neer’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Engineer is legally liable. FORM NO. 1030 Page 4 of 8 Rev. 06/10 7.e.b Packet Pg. 240 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, its officers, directors, employees and subconsultants (collectively, Engineer) against all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent caused by the Client’s negligent acts in connection with the Project and the acts of its contractors or consultants or anyone for whom the Client is legally liable. 11.2.2. Hazardous Materials Indemnification. Except to the extent caused by Engineer’s sole negligence, Client expressly agrees to defend, indemnify and hold harmless Engineer, its officers, directors, employees and subconsultants from and against any and all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Materials. 11.3. Consequential Damages. Neither Client nor Engineer, nor their respective officers, directors, partners or employees, shall be liable to the other or shall make any claim for any incidental, indirect, special, exemplary, punitive, or consequential losses or damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict, express or implied warranty. Both the Client and the Engineer shall require similar waivers of consequential and other damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this Project. 11.4. Continuing Agreement. The indemnity obligations and the limitations of liability established under this Agreement will survive the expiration or termination of this Agreement. If Engineer provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the obligation of the parties to indemnify each other and the limitations on liability established under this Agreement apply to such Services as if the parties had executed an amendment. 12. INSURANCE 12.1. Engineer’s Insurance. Engineer will obtain, if reasonably available, the following coverages: 12.1.1. Statutory Workers’ Compensation / Employer’s Liability Insurance; 12.1.2. Commercial General Liability Insurance with a combined single limit of $1,000,000; 12.1.3. Automobile Liability Insurance, including liability for all owned, hired and non-owned vehicles with minimum limits of $1,000,000 for bodily injury per person, $1,000,000 property damage, and $1,000,000 combined single limit per occurrence; and, 12.1.4. Professional Liability Insurance in amounts of $1,000,000 per claim and annual aggregate. 12.2 Contractor’s Insurance. Client shall require that all Contractors and subcontractors for the Project name Engineer as an additional insured under their General Liability and Automobile Liability insurance policies. If Client is not the Project owner, Client will require the Project owner to require the project owner’s Contractor to purchase and maintain General Liability, Builder’s Risk, Automobile Liability, Workers’ Compensation, and Employer’s Liability insurance with limits no less than as set forth above, and to name Engineer and its subcontractors and subconsultants as additional insureds on the General Liability Insurance. 12.3. Certificates of Insurance. Upon request, Engineer and Client will each provide the other with certificate(s) of insurance evidencing the existence of the policies required herein. Except for Professional Liability and Workers’ Compensation Insurance, all policies required herein shall contain a waiver of subrogation. 13. OWNERSHIP AND USE OF DOCUMENTS 13.1. Client Documents. All documents provided by Client will remain the property of Client. Engineer will return all such documents to Client upon request, but may retain file copies of such documents. 13.2. Engineer’s Documents. Unless otherwise agreed in writing, all documents and information prepared by Engineer or obtained by Engineer from any third party in connection with the performance of Services, including, but not limited to, Engineer’s reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar test documents (collectively “Documents”) are the property of Engineer. Engineer has the right, in its sole discretion, to dispose of or retain the Documents. 13.3. Use of Documents. All Documents prepared by Engineer are solely for use by Client and will not be provided by either party to any other person or entity without Engineer’s prior written consent. 13.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project. 13.3.2. Use by Engineer. Engineer retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose. 13.4. Electronic Media. Engineer may agree at Client’s request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, FORM NO. 1030 Page 5 of 8 Rev. 06/10 7.e.b Packet Pg. 241 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) software error, or human alteration. Accordingly, all Documents and information provided by Engineer in electronic media are for informational purposes only and not as final documentation. Unless otherwise defined in the SCOPE OF SERVICES, Engineer’s electronic Documents and media will conform to Engineer’s standards. Engineer will provide any requested electronic Documents for a 30 day acceptance period, and Engineer will correct any defects reported by Client to Engineer during this period. Engineer makes no warranties, either express or implied, regarding the fitness or suitability of any electronic Documents or media. 13.5. Unauthorized Reuse. No party other than Client may rely, and Client will not represent to any other party that it may rely on Documents without Engineer’s express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without Engineer’s express prior written consent. Client waives any and all claims against Engineer resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify and hold harmless Engineer from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without Engineer’s prior written consent. 14. SAMPLES AND CUTTINGS 14.1. Sample Retention. If Engineer provides laboratory testing or analytic Services, Engineer will preserve such soil, rock, water, or other samples as it deems necessary for the Project, but no longer than 45 days after issuance of any Documents that include the data obtained from these samples. Client will promptly pay and be responsible for the removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and other hazardous substances. 14.2. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during any investigation by Engineer, and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client’s expense. 15. RELATIONSHIP OF THE PARTIES Engineer will perform Services under this Agreement as an independent contractor. Nothing contained in this Agreement, or in the performance of Engineer and Client hereunder, is intended to benefit nor shall inure to the benefit of any third party. 16. ASSIGNMENT AND SUBCONTRACTS Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Engineer may subcontract for the services of others without obtaining Client’s consent if Engineer deems it necessary or desirable for others to perform certain Services. 17. SUSPENSION AND DELAYS 17.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by Engineer. Engineer may terminate this Agreement if Client suspends Engineer’s Services for more than 60 days and Client will pay Engineer as set forth under section 18.3, “Termination.” If Client suspends Engineer’s Services, or if Client or others delay Engineer’s Services, Client and Engineer agree to equitably adjust: (1) the time for completion of the Services; and (2) Engineer’s compensation in accordance with Engineer’s then current SCHEDULE OF CHARGES for the additional labor, equipment, and other charges associated with maintaining its workforce for Client’s benefit during the delay or suspension, or charges incurred by Engineer for demobilization and subsequent remobilization. 17.2. Liability. Engineer is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Engineer’s control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosions, “acts of God,” adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market. 18. TERMINATION 18.1. Termination for Convenience. Engineer and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party. 18.2. Termination for Cause. In the event of a material breach of this Agreement, the party not breaching the Agreement may terminate it upon 10 days written notice delivered or mailed to the other party. The termination notice shall state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 10-day period. 18.3. Payment on Termination. Following termination other than for Engineer’s material breach of this Agree- ment, Client will pay Engineer for Services performed prior to the termination notice date, and for any necessary Ser- vices and expenses incurred in connection with the termina- tion of the Project, including but not limited to, the cost of completing analysis, records and reports necessary to docu- ment job status at the time of termination and costs associ- ated with termination of subcontractor contracts in accor- dance with Engineer’s then current SCHEDULE OF CHARGES. 19. DISPUTES 19.1. Mediation. All disputes between Engineer and Client are subject to mediation. Either party may demand FORM NO. 1030 Page 6of 8 Rev. 06/10 7.e.b Packet Pg. 242 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) . mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. 19.2. Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. 19.3. Choice of Law; Venue. This Agreement will be construed with and governed by the laws of the Commonwealth of Virginia. 19.4. Statutes of Limitations. To the fullest extent permitted by law, no action, regardless of form, arising out of the Services under this Agreement, may be brought by either party more than two (2) years after the act or omission giving rise to a cause of action has occurred, except that an action for nonpayment against Client may be brought within two (2) years from the date of the last payment or the date of Engineer’s original invoice for such service, whichever is later. 20. MISCELLANEOUS 20.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. FORM NO. 1030 Page 7 of 8 Rev. 06/10 20.2. Modification of this Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. 20.3. Notices. Any and all notices, requests, instructions or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement. 20.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement. 20.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. 20.6. Default. Notwithstanding any other provision contained in this Agreement, Client agrees to pay Engineer all reasonable expenditures incurred by Engineer in enforcing the terms of this Agreement including reasonable attorney’s fees and court costs, if any. ________________________________________________ End of General Conditions 7.e.b Packet Pg. 243 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) EXHIBIT A: ENGINEER’S SCOPE OF SERVICES AND SCHEDULE OF CHARGES Engineer’s Proposal or other description of (1) Scope of Services, and (2) Schedule of Charges for the Work covered by this Agreement is either: Listed below; or Attached in a separate document(s) FORM NO. 1030 Page 8 of 8 Rev. 06/10 7.e.b Packet Pg. 244 Attachment: Client Agreement - Cherrystone Dams (1810 : Dam Study RFP Award (Staff Contact: Richard N. Hicks)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2019-11-01 (Danville Economic Development Enterprise Zone Support) Adoption (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: November 19, 2019 Item Number: 7.f Attachment(s): 2019-11-01 EZ Resolution - Zone 57 City of Danville 2019 EZ map 1 Pittsylvania County and Danville Joint Zone Amendment Agreement Reviewed By: SUMMARY: The City of Danville, Virginia (“Danville”), is applying through DHCD to amend the boundary of the County and Danville’s Joint Enterprise Zone (“EZ”) 57. Said amendment’s only effect on the County is a small parcel adjacent to the Cane Creek Centre on South Boston Road that is proposed to be added to EZ 57, and this will help with the development of the Cane Creek Centre for future tenants. FINANCIAL IMPACT AND FUNDING SOURCE: Local EZ incentives would be offered through Danville and would not fiscally impact the County. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2019-11-01 as presented. MOTION: “I make a motion to adopt Resolution # 2019-11-01 as presented and support Danville’s application to DHCD for a boundary amendment for the Joint EZ 57.” 7.f Packet Pg. 245 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ______________________________________________________________________________ RESOLUTION # 2019-11-01 ______________________________________________________________________________ DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN ENTERPRISE ZONE BOUNDARY AND INCENTIVES AMENDMENT APPLICATION BY THE CITY OF DANVILLE, VIRGNIA, FOR ITS PORTION OF THE JOINT ZONE WITH PITTSYLVANIA COUNTY, VIRGINIA (ENTERPRISE ZONE #57B). ______________________________________________________________________________ VIRGINIA, at a regular meeting of the Pittsylvania County Board of Supervisors (the “Board”), held on November 19, 2019, the following Resolution was presented and adopted: WHEREAS, the City of Danville, Virginia (“Danville”), shares a joint Enterprise Zone (“EZ”) with Pittsylvania County, Virginia (the “County”), designated as EZ #57B, that provides a combination of State and Local incentives to promote economic development; and WHEREAS, Danville desires to amend the boundary in existing EZ #57B for Danville’s portion of the Joint Zone with the County to incorporate additional properties in the Cane Creek Centre; and WHEREAS, this proposed boundary amendments for EZ #57A will serve to benefit economic and industrial expansion of the Danville Area to meet the goals and objectives of the Virginia Enterprise Zone Program; and WHEREAS, currently, County Staff is requesting the Board to approve this Resolution in support of the boundary deletions to EZ #57B by Danville; then NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board supports the Danville City Manager submitting the necessary EZ Amendment package and sign all necessary documentation on behalf of Danville for these proposed EZ amendments, and to meet other program administrative and reporting requirements, as defined by the EZ Regulations throughout the life of the EZs. Given under my hand this 19th day of November, 2019. __________________________________________ Joe B. Davis, Chairman Pittsylvania County Board of Supervisors 7.f.a Packet Pg. 246 Attachment: 2019-11-01 EZ Resolution - Zone 57 City of Danville (1813 : Resolution # 2019-11-01 Danville Economic Development Enterprise ATTEST: ________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors Approved As To Form: _________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney Vote Joe B. Davis, Chairman ___ Charles H. Miller, Jr., Vice-Chair ___ Tim R. Barber ___ Elton W. Blackstock ___ Ben L. Farmer ___ Ronald S. Scearce ___ Robert W. (“Bob”) Warren ___ Ayes ____ Nays ____ Abstentions ____ 7.f.a Packet Pg. 247 Attachment: 2019-11-01 EZ Resolution - Zone 57 City of Danville (1813 : Resolution # 2019-11-01 Danville Economic Development Enterprise Cane Creek Industrial Park Airside Industrial ParkCyberPark Riverview Industrial ParkN MAI N STS BOSTON RD DANVILLE EXPYKENTUCK RDRICHMOND BLVDARNETT BLVDMAIN STS MAI N STINDUSTRIAL AVEM E M O R I A L D R CENTRAL BLVDR I V E R S I D E D RPINEY FOREST RDRIVER ST / Map 1: Enterprise Zone 57b Boundary AmendmentCity of Danville Existing Zone 57: 1658 acres New Zone 57b total: 1678.7636 acres Additions: 20.7636 acres 7.f.b Packet Pg. 248 Attachment: 2019 EZ map 1 (1813 : Resolution # 2019-11-01 Danville Economic Development Enterprise Zone Support Adoption (Staff Contac) JOINT ZONE AMENDMENT AGREEMENT As the representative of the local governing body of the Pittsylvania County Virginia, I hereby certify that: 1) The aforementioned locality is in agreement with the amending jurisdiction in filing this amendment; 2) The information in the Enterprise Zone application is accurate to the best of my knowledge; 3) A public hearing was held by City of Danville, Virginia on November 7, 2019 to solicit comments on this amendment application amendment; 4) It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives listed in this application, the zone shall be subject to termination. Chief Administrator: ____________________________________ Title: _____________________________________ Date: _________________ 7.f.c Packet Pg. 249 Attachment: Pittsylvania County and Danville Joint Zone Amendment Agreement (1813 : Resolution # 2019-11-01 Danville Economic Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Opioid Negotiation Class Opt Out Submittal Authorization (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: November 19, 2019 Item Number: 7.g Attachment(s): Exclusion Request Form Reviewed By: SUMMARY: On September 11, 2019, Northern District of Ohio United States District Judge Dan Polster, who presides over In Re: National Opiate Litigation (i.e. “the Federal MDL”), certified a first-ever Negotiation Class action consisting of every city and county in the United States. The articulated purpose of the Negotiation Class is to collectivize the city/county constituency with opioid- related claims against various national manufacturer, distributor, and chain pharmacy defendants; thereby, providing a centralized point of contact and control with whom such defendants can potentially negotiate terms of global (or near-global) settlement in exchange for a global (or near-global) release. Importantly, the Negotiation Class is designed to field potential settlement offers. No such offers currently exist. All the proposed settlements currently being discussed in the press (e.g. Purdue, the Distributor Defendants) are occurring outside of the Negotiation Class environment. In addition, the Negotiation Class is already subject to appellate challenges and is opposed by numerous state Attorneys General, including Virginia Attorney General Herring, with whose office Pittsylvania County’s (the “County”) outside counsel is in a productive active dialogue on key issues regarding allocation of any recoveries between the Commonwealth and its litigating political subdivisions. To opt out of the Negotiation Class, a plaintiff must complete and submit the attached Exclusion Request Form by November 22, 2019. The County’s outside Opioid Litigation Counsel is recommending the Board opt out of the Negotiation Class by completing and submitting the attached Exclusion Request Form by the November 22,, 2019, deadline. FINANANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: On advice of the County’s outside Opioid Litigation Counsel, County Staff recommends the Board authorize the execution and submittal of the attached Exclusion Request Form to opt out of the Negotiation Class by the November 22, 2019, deadline. 7.g Packet Pg. 250 MOTION: “On advice of the County’s outside Opioid Litigation Counsel, I make a Motion authorizing the execution and submittal of the attached Exclusion Request Form to opt out of the Negotiation Class by the November 22, 2019, deadline.” 7.g Packet Pg. 251 7.g.a Packet Pg. 252 Attachment: Exclusion Request Form (1815 : Opioid Litigation Negotiation Opt Out Submittal Authorization (Staff Contact: J. Vaden Hunt, 7.g.a Packet Pg. 253 Attachment: Exclusion Request Form (1815 : Opioid Litigation Negotiation Opt Out Submittal Authorization (Staff Contact: J. Vaden Hunt, Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: West Piedmont Regional Hazard Mitigation Plan Letter of Intent Submittal Authorization (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: November 19, 2019 Item Number: 7.h Attachment(s): Letter of Intent Reviewed By: SUMMARY: For several years, the County has participated in the West Piedmont Planning District’s (“WPPD”) Regional All-Hazards Mitigation Plan. To remain eligible for state and federal disaster assistance, the County must either develop its own Plan, or participate in a Regional Plan. It is now time for the Region to develop an update to the Plan with the help of a consultant. WPPD has recently been informed the Region is eligible to receive a $150,000 Grant to assist with hiring of a consultant. To advance the process, each participating jurisdiction (including Towns) must provide a Letter of Intent. Additionally, the County must provide an in- kind match of $4,000, which can include the time and expenses of County Staff (meeting time, plan review time, advertising, etc.). A Letter of Intent must be signed and returned to the WPPD by mid-November, allowing this process to move forward. FINANCIAL IMPACT AND FUNDING SOURCE: As the County’s match is in-kind, there is minimal County Budget impact. RECOMMENDATION: County Staff recommends that the Board authorize County Staff to submit the Letter of Intent to WPPD to advance the process of hiring a consultant to assist with updating the WPPD’s Regional All-Hazards Mitigation Plan. MOTION: “I make a Motion authorizing County Staff to submit the Letter of Intent to WPPD to advance the process of hiring a consultant to assist with updating the WPPD’s Regional All-Hazards Mitigation Plan.” 7.h Packet Pg. 254 Letter of Intent To Participate in the West Piedmont Multi-Jurisdictional Hazard Mitigation Plan Update By signing this Letter of Intent, Pittsylvania County hereby commits to participate in the revision of the “West Piedmont Multi-Jurisdictional Hazard Mitigation Plan” to be prepared by the West Piedmont Planning District Commission in accordance with the requirements outlined in the Code of Federal Regulations Title 44 Part 201.6, and guidance provided by the Virginia Department of Emergency Management. Pittsylvania County enters into this agreement voluntarily and commits to participate fully in the plan revision, acknowledging that such participation shall include, but not limited to, local attendance/ representation at upcoming planning and public meetings, responses to detailed inquiries and data requests, and fulfillment of the local match requirement by providing and tracking in-kind services and materials associated with those activities described above. Upon conclusion of the process, Pittsylvania County agrees to submit the completed revised plan to its governing body for formal adoption as required under the Code of Virginia Sections 15.2-2226 and 15.2- 2231 following preliminary approval by the Virginia Department of Emergency Management and the Federal Emergency Management Agency (FEMA), Region III. Locality Name: Pittsylvania County Locality Administrator: David Smitherman, County Administrator Phone #/Email: 434-432-7710 / david.smitherman@pittgov.org Planning Agency Contact: Chris Slemp, Director of Public Safety Phone #/Email: 434-432-7939 / chris.slemp@pittgov.org Affirmation (please check one): □ Pittsylvania County WILL participate in the revision of the “West Piedmont Multi- Jurisdictional Hazard Mitigation Plan” in accordance with the agreement, regulations, and guidance cited above, and in accordance with any grant agreements made to provide the region with federal and/or state funding to support such revisions. □ Pittsylvania County WILL NOT participate in the revision of the “West Piedmont Multi- Jurisdictional Hazard Mitigation Plan,” nor will it seek to develop its own mitigation plan as described by the regulations and guidance cited above. Furthermore, this locality understands that by NOT developing a plan, or participating in the revision of the regional plan, it will not be eligible for the federal and/or state hazard mitigation funding through the Hazard Mitigation Grant Program (HMGP) and the annual Hazard Mitigation Assistance (HMA) programs. Signatures: __________________________________ _____________________ Administrator Date __________________________________ _____________________ Planning Agency Contact Date 7.h.a Packet Pg. 255 Attachment: Letter of Intent (1798 : West Piedmont Regional Hazard Mitigation Plan (Staff Contact: Christopher C. Slemp)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Intrado 911 Phone Service Contract Extension Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: November 19, 2019 Item Number: 7.i Attachment(s): Intrado Contract Renewal Reviewed By: SUMMARY: Since 2008, the County has been using Intrado-West as its E911 phone equipment/delivery provider. The contract is up for a one (1)-year extension until the County’s 911 Center undergoes the NG911 upgrade (scheduled for 2020). County Staff is seeking approval to renew the current contract with Intrado-West until November 30, 2020. The monthly cost will remain the same at $7,048. FINANCIAL IMPACT AND FUNDING SOURCE: No additional financial impact to the FY20 County Budget. RECOMMENDATION: County Staff recommends the Board approve the Intrado-West contract extension as presented. MOTION: “I make a Motion to approve the Intrado-West contract extension as presented.” 7.i Packet Pg. 256 Pittsylvania County VA A9-1-1 Routing, ALI and MPLS Contract Extension Price Quote Created Date: 11/01/2019 Quote Valid Through: 11/30/2019 Quote #: PITTS-20191101 7.i.a Packet Pg. 257 Attachment: Intrado Contract Renewal (1802 : Intrado 911 Phone Service Contract Extension Approval (Staff Contact: Christopher C. Slemp)) Proprietary and Confidential © 2019 Intrado Corporation. All rights reserved. EOE/AA Employer Page 1 Services Intrado will extend the following services to Pittsylvania County VA for the term stated in the quote below: • A9-1-1 Routing • ALI • MPLS Fees Service OTF "One Time Fee" MRF "Monthly Recurring Fee" 9-1-1 Routing, ALI Services and MPLS - up to 30,000 TNs NA $7,048.00 9-1-1 Routing, ALI Services and MPLS - > 30,000 TNs NA $0.15/TN Pricing Notes: • Current pricing will be extended until November 30, 2020 with the ability to terminate with notice for migration to AT&T. • Current circuits installed at the PSAP are bundled into the MRF. At such time the PSAP terminates with notice, a separate charge of $600.00/month will be invoiced until Customer notifies Intrado to disconnect the circuits and Intrado receives notification from the carriers that the circuits have been disconnected. • Services required outside the scope of these services, will be billed at the standard Professional Services Rate of $275/hour. Contract Term Contract term is for 12/1/2019 through 11/30/2020 with no early termination penalties and no auto renewal clause. 7.i.a Packet Pg. 258 Attachment: Intrado Contract Renewal (1802 : Intrado 911 Phone Service Contract Extension Approval (Staff Contact: Christopher C. Slemp)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Edwards Rollback Taxes Exoneration Authorization (Staff Contact: Shirley Y. Hammock) Staff Contact(s): Shirley Y. Hammock Agenda Date: November 19, 2019 Item Number: 7.j Attachment(s): Reviewed By: SUMMARY: The Alton L. Edwards Estate (the “Edward”) recently sold 8.01 acres, GPIN # 2593-42-0927, to the County for use for a future Solid Waste Convenient Center Site in the Staunton River District (near Hurt, Virginia). Prior to the sale of the land, the land was in the County’s Land Use Program (woodland). Therefore, once sold, the land was subject to County Land Use Roll-Back Taxes in the amount of $246.11. Said taxes were not contemplated in the land sale and the Edwards desire for the taxes to be exonerated. Since the amount is minimal and the request is reasonable, and to encourage County citizens to sell land to the County for future public improvements (a process that is getting harder each year), County Staff firmly believes the Edwards tax exoneration request should be honored. Under Virginia law, the County’s Commissioner of the Revenue’s Office cannot formally exonerate the taxes, but the Board can via an affirmative majority related vote. FINANCIAL IMPACT AND FUNDING SOURCE: $246.11 (one-time payment); money to be paid from County’s current Solid Waste Budget. RECOMMENDATION: For the reasons stated above, County Staff recommends the Board exonerate the Edwards Land Use Roll-Back taxes in the amount of $246.11.” MOTION: “I make a Motion to exoneration the Edwards Land Use Roll-Back taxes in the amount of $246.11.” 7.j Packet Pg. 259 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2019-11-03 (Voluntary Benefits Adoption Resolution) Adoption (Staff Contact: Holly E. Stanfield) Staff Contact(s): Holly E. Stanfield Agenda Date: November 19, 2019 Item Number: 7.k Attachment(s): 2019-11-03 Adopting Resolution - Mark III Reviewed By: SUMMARY: The County has entered into an Agreement with Mark III to be the County’s new Voluntary Benefits provider. For you reference and review, the Summary Description and Plan are attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board to approve Resolution # 2019-11-03 and authorize the County Administrator to sign any necessary related documentation. MOTION: “I make a Motion to approve Resolution # 2019-11-03 and authorize the County Administrator to sign any necessary related documentation.” 7.k Packet Pg. 260 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ______________________________________________________________________________ RESOLUTION # 2019-11-03 AMENDED CAFETERIA FLEXIBLE BENEFITS PLAN ADOPTING RESOLUTION ______________________________________________________________________________ WHEREAS, the undersigned authorized representative of the County of Pittsylvania, Virginia (the “Employer”) hereby certifies that this Resolution was duly adopted by the Employer on November 19, 2019, and that such Resolution has not been modified or rescinded as of the date hereof. THEREFORE, BE IT RESOLVED, that the amended Cafeteria Plan, including a Health Flexible Spending Account and Dependent Care Flexible Spending Account, effective November 1, 2019, is hereby approved and adopted and that an Employer’s authorized representative is hereby authorized and directed to execute and deliver to the Administrator of the Plan one (1) or more counterparts of the Plan. BE IT FURTHER RESOLVED, that the undersigned further certifies that attached hereto as Exhibits “A” and “B,” respectively, are true copies of the County’s Flexible Benefit Plan, as amended and restated, and the Summary Plan Description approved and adopted in this Resolution. Given under my hand this 19th day of November, 2019. __________________________________________ Joe B. Davis, Chairman Pittsylvania County Board of Supervisors ATTEST: ________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors APPROVED AS TO FORM: _________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 7.k.a Packet Pg. 261 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. Vote Joe B. Davis, Chairman Yes/No Charles H. Miller, Jr., Vice Chairman Yes/No Elton W. Blackstock Yes/No Robert W. Warren Yes/No Ronald S. Scearce Yes/No Ben L. Farmer Yes/No Tim R. Barber Yes/No Ayes __ Nays __ Abstentions __ 7.k.a Packet Pg. 262 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. PITTSYLVANIA COUNTY GOVERNMENT FLEXIBLE BENEFIT PLAN SUMMARY PLAN DESCRIPTION 7.k.a Packet Pg. 263 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. TABLE OF CONTENTS I ELIGIBILITY 1. When can I become a participant in the Plan? ................................................................................................................................ 1 2. What are the eligibility requirements for our Plan? ........................................................................................................................ 1 3. When is my entry date? ................................................................................................................................................................... 1 4. Are there any employees who are not eligible? .............................................................................................................................. 1 5. What must I do to enroll in the Plan? .............................................................................................................................................. 1 II OPERATION 1. How does this Plan operate? ........................................................................................................................................................... 2 III CONTRIBUTIONS 1. How much of my pay may the Employer redirect? ......................................................................................................................... 2 2. What happens to contributions made to the Plan?........................................................................................................................... 2 3. When must I decide which accounts I want to use? ........................................................................................................................ 2 4. When is the election period for our Plan? ....................................................................................................................................... 2 5. May I change my elections during the Plan Year? .......................................................................................................................... 2 6. May I make new elections in future Plan Years? ............................................................................................................................ 3 IV BENEFITS 1. Health Flexible Spending Account ................................................................................................................................................. 3 2. Dependent Care Flexible Spending Account .................................................................................................................................. 4 3. Premium Expense Account ............................................................................................................................................................. 4 4. May I direct Plan contributions to my Health Savings Account?.................................................................................................... 5 V BENEFIT PAYMENTS 1. When will I receive payments from my accounts? ......................................................................................................................... 5 2. What happens if I don't spend all Plan contributions during the Plan Year? ................................................................................... 5 3. Family and Medical Leave Act (FMLA) ........................................................................................................................................ 5 4. Uniformed Services Employment and Reemployment Rights Act (USERRA) .............................................................................. 5 5. What happens if I terminate employment?...................................................................................................................................... 6 6. Will my Social Security benefits be affected? ................................................................................................................................ 6 VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees? ............................................................................................................... 6 VII PLAN ACCOUNTING 1. Periodic Statements ......................................................................................................................................................................... 6 7.k.a Packet Pg. 264 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. VIII GENERAL INFORMATION ABOUT OUR PLAN 1. General Plan Information ................................................................................................................................................................ 6 2. Employer Information ..................................................................................................................................................................... 7 3. Plan Administrator Information ...................................................................................................................................................... 7 4. Service of Legal Process ................................................................................................................................................................. 7 5. Type of Administration ................................................................................................................................................................... 7 6. Claims Submission ......................................................................................................................................................................... 7 IX ADDITIONAL PLAN INFORMATION 1. Claims Process ................................................................................................................................................................................ 7 X CONTINUATION COVERAGE RIGHTS UNDER COBRA 1. What is COBRA continuation coverage? ........................................................................................................................................ 8 2. Who can become a Qualified Beneficiary? ..................................................................................................................................... 8 3. What is a Qualifying Event? ........................................................................................................................................................... 8 4. What factors should be considered when determining to elect COBRA continuation coverage? ................................................... 9 5. What is the procedure for obtaining COBRA continuation coverage?............................................................................................ 10 6. What is the election period and how long must it last? ................................................................................................................... 10 7. Is a covered Employee or Qualified Beneficiary responsible for informing the Plan Administrator of the occurrence of a Qualifying Event? .................................................................................................................................................. 10 8. Is a waiver before the end of the election period effective to end a Qualified Beneficiary's election rights? .................................. 11 9. Is COBRA coverage available if a Qualified Beneficiary has other group health plan coverage or Medicare? .............................. 11 10. When may a Qualified Beneficiary's COBRA continuation coverage be terminated? .................................................................... 11 11. What are the maximum coverage periods for COBRA continuation coverage? ............................................................................. 11 12. Under what circumstances can the maximum coverage period be expanded? ................................................................................ 12 13. How does a Qualified Beneficiary become entitled to a disability extension? ................................................................................ 12 14. Does the Plan require payment for COBRA continuation coverage? ............................................................................................. 12 15. Must the Plan allow payment for COBRA continuation coverage to be made in monthly installments? ....................................... 12 16. What is Timely Payment for COBRA continuation coverage? ....................................................................................................... 12 17. Must a Qualified Beneficiary be given the right to enroll in a conversion health plan at the end of the maximum coverage period for COBRA continuation coverage? ..................................................................................................................... 13 18. How is my participation in the Health Flexible Spending Account affected? ................................................................................. 13 XI SUMMARY 7.k.a Packet Pg. 265 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 1 PITTSYLVANIA COUNTY GOVERNMENT FLEXIBLE BENEFIT PLAN INTRODUCTION We have amended the "Flexible Benefits Plan" that we previously established for you and other eligible employees. Under this Plan, you will be able to choose among certain benefits that we make available. The benefits that you may choose are outlined in this Summary Plan Description. We will also tell you about other important information concerning the amended Plan, such as the rules you must satisfy before you can join and the laws that protect your rights. One of the most important features of our Plan is that the benefits being offered are generally ones that you are already paying for, but normally with money that has first been subject to income and Social Security taxes. Under our Plan, these same expenses will be paid for with a portion of your pay before Federal income or Social Security taxes are withheld. This means that you will pay less tax and have more money to spend and save. Read this Summary Plan Description carefully so that you understand the provisions of our amended Plan and the benefits you will receive. This SPD describes the Plan's benefits and obligations as contained in the legal Plan document, which governs the operation of the Plan. The Plan document is written in much more technical and precise language. If the non-technical language in this SPD and the technical, legal language of the Plan document conflict, the Plan document always governs. Also, if there is a conflict between an insurance contract and either the Plan document or this Summary Plan Description, the insurance contract will control. If you wish to receive a copy of the legal Plan document, please contact the Administrator. This SPD describes the current provisions of the Plan which are designed to comply with applicable legal requirements. The Plan is subject to federal laws, such as the Internal Revenue Code and other federal and state laws which may affect your rights. The provisions of the Plan are subject to revision due to a change in laws or due to pronouncements by the Internal Revenue Service (IRS) or other federal agencies. We may also amend or terminate this Plan. If the provisions of the Plan that are described in this SPD change, we will notify you. We have attempted to answer most of the questions you may have regarding your benefits in the Plan. If this SPD does not answer all of your questions, please contact the Administrator (or other plan representative). The name and address of the Administrator can be found in the Article of this SPD entitled "General Information About the Plan." I ELIGIBILITY 1. When can I become a participant in the Plan? Before you become a Plan member (referred to in this Summary Plan Description as a "Participant"), there are certain rules which you must satisfy. First, you must meet the eligibility requirements and be an active employee. After that, the next step is to actually join the Plan on the "entry date" that we have established for all employees. The "entry date" is defined in Question 3 below. You will also be required to complete certain application forms before you can enroll in the Plan. 2. What are the eligibility requirements for our Plan? You will be eligible to join the Plan on the first of the month following your date of hire. Of course, if you were already a participant before this amendment, you will remain a participant. 3. When is my entry date? Once you have met the eligibility requirements, your entry date will be the first day of the pay period coinciding with or following the date you met the eligibility requirements. 4. Are there any employees who are not eligible? Yes, there are certain employees who are not eligible to join the Plan. They are: -- Employees who are part-time. A part-time employee is someone who works, or is expected to work, less than 30 hours a week. 5. What must I do to enroll in the Plan? Before you can join the Plan, you must complete an application to participate in the Plan. The application includes your personal choices for each of the benefits which are being offered under the Plan. You must also authorize us to set some of your earnings aside in order to pay for the benefits you have elected. 7.k.a Packet Pg. 266 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 2 II OPERATION 1. How does this Plan operate? Before the start of each Plan Year, you will be able to elect to have some of your upcoming pay contributed to the Plan. These amounts will be used to pay for the benefits you have chosen. The portion of your pay that is paid to the Plan is not subject to Federal income or Social Security taxes. In other words, this allows you to use tax-free dollars to pay for certain kinds of benefits and expenses which you normally pay for with out-of-pocket, taxable dollars. However, if you receive a reimbursement for an expense under the Plan, you cannot claim a Federal income tax credit or deduction on your return. (See the Article entitled "General Information About Our Plan" for the definition of "Plan Year.") III CONTRIBUTIONS 1. How much of my pay may the Employer redirect? Each year, you may elect to have us contribute on your behalf enough of your compensation to pay for the benefits that you elect under the Plan. These amounts will be deducted from your pay over the course of the year. 2. What happens to contributions made to the Plan? Before each Plan Year begins, you will select the benefits you want and how much of the contributions should go toward each benefit. It is very important that you make these choices carefully based on what you expect to spend on each covered benefit or expense during the Plan Year. Later, they will be used to pay for the expenses as they arise during the Plan Year. 3. When must I decide which accounts I want to use? You are required by Federal law to decide before the Plan Year begins, during the election period (defined below). You must decide two things. First, which benefits you want and, second, how much should go toward each benefit. 4. When is the election period for our Plan? You will make your initial election on or before your entry date. (You should review Section I on Eligibility to better understand the eligibility requirements and entry date.) Then, for each following Plan Year, the election period is established by the Administrator and applied uniformly to all Participants. It will normally be a period of time prior to the beginning of each Plan Year. The Administrator will inform you each year about the election period. (See the Article entitled "General Information About Our Plan" for the definition of Plan Year.) 5. May I change my elections during the Plan Year? Generally, you cannot change the elections you have made after the beginning of the Plan Year. However, there are certain limited situations when you can change your elections. You are permitted to change elections if you have a "change in status" and you make an election change that is consistent with the change in status. Currently, Federal law considers the following events to be a change in status: -- Marriage, divorce, death of a spouse, legal separation or annulment; -- Change in the number of dependents, including birth, adoption, placement for adoption, or death of a dependent; -- Any of the following events for you, your spouse or dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, a change in worksite, or any other change in employment status that affects eligibility for benefits; -- One of your dependents satisfies or ceases to satisfy the requirements for coverage due to change in age, student status, or any similar circumstance; and -- A change in the place of residence of you, your spouse or dependent that would lead to a change in status, such as moving out of a coverage area for insurance. In addition, if you are participating in the Dependent Care Flexible Spending Account, then there is a change in status if your dependent no longer meets the qualifications to be eligible for dependent care. However, with respect to the Health Savings Account, you may modify or revoke your elections without having to have a change in status. There are detailed rules on when a change in election is deemed to be consistent with a change in status. In addition, there are laws that give you rights to change health coverage for you, your spouse, or your dependents. If you change coverage due to rights you have 7.k.a Packet Pg. 267 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 3 under the law, then you can make a corresponding change in your elections under the Plan. If any of these conditions apply to you, you should contact the Administrator. If the cost of a benefit provided under the Plan increases or decreases during a Plan Year, then we will automatically increase or decrease, as the case may be, your salary redirection election. If the cost increases significantly, you will be permitted to either make corresponding changes in your payments or revoke your election and obtain coverage under another benefit package option with similar coverage, or revoke your election entirely. If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, then you may revoke your elections and elect to receive on a prospective basis coverage under another plan with similar coverage. In addition, if we add a new coverage option or eliminate an existing option, you may elect the newly-added option (or elect another option if an option has been eliminated) and make corresponding election changes to other options providing similar coverage. If you are not a Participant, you may elect to join the Plan. There are also certain situations when you may be able to change your elections on account of a change under the plan of your spouse's, former spouse's or dependent's employer. These rules on change due to cost or coverage do not apply to the Health Flexible Spending Account, and you may not change your election to the Health Flexible Spending Account if you make a change due to cost or coverage for insurance or if you decide to participate in the Health Savings Account. You may not change your election under the Dependent Care Flexible Spending Account if the cost change is imposed by a dependent care provider who is your relative. You may revoke your coverage under the employer's group health plan outside of our open enrollment period, if your employment status changes from working at least 30 hours per week to less than 30 hours. This is regardless of whether the reduction in hours has resulted in loss of eligibility. You must show intent to enroll in another health plan. You may also revoke your coverage under our Employer sponsored group health plan if you are eligible to obtain coverage through the health exchanges. 6. May I make new elections in future Plan Years? Yes, you may. For each new Plan Year, you may change the elections that you previously made. You may also choose not to participate in the Plan for the upcoming Plan Year. If you do not make new elections during the election period before a new Plan Year begins, we will assume you want your elections for insured benefits only to remain the same and you will not be considered a Participant for the non-insured benefit options under the Plan for the upcoming Plan Year. IV BENEFITS 1. Health Flexible Spending Account The Health Flexible Spending Account enables you to pay for expenses allowed under Sections 105 and 213(d) of the Internal Revenue Code which are not covered by our insured medical plan and save taxes at the same time. The Health Flexible Spending Account allows you to be reimbursed by the Employer for expenses incurred by you and your dependents. However, if you participate in a HSA, you can only be reimbursed by the Employer for out-of-pocket dental or vision expenses incurred by you and your dependents. If you are a HSA participant, drug costs, including insulin, may be reimbursed if they are considered for dental or vision expenses. You may be reimbursed for "over the counter" drugs only if those drugs are prescribed for you. You may not, however, be reimbursed for the cost of other health care coverage maintained outside of the Plan, or for long-term care expenses. A list of covered expenses is available from the Administrator. For 2019, the most you can contribute is $2,700. After 2019, the dollar limit may increase for cost of living adjustments. For any short Plan Year, the most that you can contribute to your Health Flexible Spending Account each Plan Year is $2475.00. In addition, you will be eligible to carryover amounts left in your Health Flexible Spending Account, up to $500.00. This means that amounts you do not use during a Plan Year can be carried over to the next Plan Year and used for expenses incurred in the next Plan Year. In order to be reimbursed for a health care expense, you must submit to the Administrator an itemized bill from the service provider. We will also provide you with a debit or credit card to use to pay for medical expenses. The Administrator will provide you with further details. Amounts reimbursed from the Plan may not be claimed as a deduction on your personal income tax return. Reimbursement from the fund shall be paid at least once a month. Expenses under this Plan are treated as being "incurred" when you are provided with the care that gives rise to the expenses, not when you are formally billed or charged, or you pay for the medical care. 7.k.a Packet Pg. 268 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 4 You may be reimbursed for expenses for any child until the end of the calendar year in which the child reaches age 26. A child is a natural child, stepchild, foster child, adopted child, or a child placed with you for adoption. If a child gains or regains eligibility due to these new rules, that qualifies as a change in status to change coverage. Newborns' and Mothers' Health Protection Act: Group health plans generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Women's Health and Cancer Rights Act: This plan, as required by the Women's Health and Cancer Rights Act of 1998, will reimburse up to plan limits for benefits for mastectomy-related services including reconstruction and surgery to achieve symmetry between the breasts, prostheses, and complications resulting from a mastectomy (including lymphedema). Contact your Plan Administrator for more information. 2. Dependent Care Flexible Spending Account The Dependent Care Flexible Spending Account enables you to pay for out-of-pocket, work-related dependent day-care cost with pre-tax dollars. If you are married, you can use the account if you and your spouse both work or, in some situations, if your spouse goes to school full-time. Single employees can also use the account. An eligible dependent is someone for whom you can claim expenses on Federal Income Tax Form 2441 "Credit for Child and Dependent Care Expenses." Children must be under age 13. Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: (a) A Dependent (Day) Care Center, provided that if care is provided by the facility for more than six individuals, the facility complies with applicable state and local laws; (b) An Educational Institution for pre-school children. For older children, only expenses for non-school care are eligible; and (c) An "Individual" who provides care inside or outside your home: The "Individual" may not be a child of yours under age 19 or anyone you claim as a dependent for Federal tax purposes. You should make sure that the dependent care expenses you are currently paying for qualify under our Plan. We will also provide you with a debit or credit card to use to pay for dependent care expenses. The Administrator will provide you with further details. The law places limits on the amount of money that can be paid to you in a calendar year from your Dependent Care Flexible Spending Account. Generally, your reimbursements may not exceed the lesser of: (a) $5,000 (if you are married filing a joint return or you are head of a household) or $2,500 (if you are married filing separate returns); (b) your taxable compensation; (c) your spouse's actual or deemed earned income (a spouse who is a full time student or incapable of caring for himself/herself has a monthly earned income of $250 for one dependent or $500 for two or more dependents). Also, in order to have the reimbursements made to you from this account be excludable from your income, you must provide a statement from the service provider including the name, address, and in most cases, the taxpayer identification number of the service provider on your tax form for the year, as well as the amount of such expense as proof that the expense has been incurred. In addition, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a Participant in this Plan. You may save more money if you take advantage of this tax credit rather than using the Dependent Care Flexible Spending Account under our Plan. Ask your tax adviser which is better for you. 3. Premium Expense Account A Premium Expense Account allows you to use tax-free dollars to pay for certain premium expenses under various insurance programs that we offer you. These premium expenses include: -- Health care premiums under our insured group medical plan. -- Dental insurance premiums. -- Cancer insurance premiums. -- Vision insurance premiums. -- Other insurance coverage that we may provide. Under our Plan, we will establish sub-accounts for you for each different type of insurance coverage that is available. Also, certain limits on the amount of coverage may apply. 7.k.a Packet Pg. 269 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 5 The Administrator may terminate or modify Plan benefits at any time, subject to the provisions of any insurance contracts providing benefits described above. We will not be liable to you if an insurance company fails to provide any of the benefits described above. Also, your insurance will end when you leave employment, are no longer eligible under the terms of any insurance policies, or when insurance terminates. Any benefits to be provided by insurance will be provided only after (1) you have provided the Administrator the necessary information to apply for insurance, and (2) the insurance is in effect for you. If you cover your children up to age 26 under your insurance, you can pay for that coverage through the Plan. 4. May I direct Plan contributions to my Health Savings Account? Yes. Any monies that you do not apply toward available benefits can be contributed to your Health Savings Account, which enables you to pay for expenses which are not covered by our insured medical plan and save taxes at the same time. Please see your Plan Administrator for further details. V BENEFIT PAYMENTS 1. When will I receive payments from my accounts? During the course of the Plan Year, you may submit requests for reimbursement of expenses you have incurred. Expenses are considered "incurred" when the service is performed, not necessarily when it is paid for. The Administrator will provide you with acceptable forms for submitting these requests for reimbursement. If the request qualifies as a benefit or expense that the Plan has agreed to pay, you will receive a reimbursement payment soon thereafter. Remember, these reimbursements which are made from the Plan are generally not subject to federal income tax or withholding. Nor are they subject to Social Security taxes. Requests for payment of insured benefits should be made directly to the insurer. You will only be reimbursed from the Dependent Care Flexible Spending Account to the extent that there are sufficient funds in the Account to cover your request. 2. What happens if I don't spend all Plan contributions during the Plan Year? Any monies left at the end of the Plan Year will be forfeited, except for $500.00 that can be carried over into the next Plan Year for the Health Flexible Spending Account or, except for amounts contributed to your Health Savings Account. Obviously, qualifying expenses that you incur late in the Plan Year for which you seek reimbursement after the end of such Plan Year will be paid first before any amount is forfeited. For the Health Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. For the Dependent Care Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. Because it is possible that you might forfeit amounts in the Plan if you do not fully use the contributions that have been made, it is important that you decide how much to place in each account carefully and conservatively. Remember, you must decide which benefits you want to contribute to and how much to place in each account before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in each account will be used up entirely. 3. Family and Medical Leave Act (FMLA) If you take leave under the Family and Medical Leave Act, you may revoke or change your existing elections for health insurance and the Health Flexible Spending Account. If your coverage in these benefits terminates, due to your revocation of the benefit while on leave or due to your non-payment of contributions, you will be permitted to reinstate coverage for the remaining part of the Plan Year upon your return. For the Health Flexible Spending Account, you may continue your coverage, or you may revoke your coverage and resume it when you return. You can resume your coverage at its original level and make payments for the time that you are on leave. For example, if you elect $1,200 for the year and are out on leave for 3 months, then return and elect to resume your coverage at that level, your remaining payments will be increased to cover the difference - from $100 per month to $150 per month. Alternatively, your maximum amount will be reduced proportionately for the time that you were gone. For example, if you elect $1,200 for the year and are out on leave for 3 months, your amount will be reduced to $900. The expenses you incur during the time you are not in the Health Flexible Spending Account are not reimbursable. If you continue your coverage during your unpaid leave, you may pre-pay for the coverage, you may pay for your coverage on an after-tax basis while you are on leave, or you and your Employer may arrange a schedule for you to "catch up" your payments when you return. 4. Uniformed Services Employment and Reemployment Rights Act (USERRA) If you are going into or returning from military service, you may have special rights to health care coverage under your Health Flexible Spending Account under the Uniformed Services Employment and Reemployment Rights Act of 1994. These rights can include extended health care coverage. If you may be affected by this law, ask your Administrator for further details. 7.k.a Packet Pg. 270 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 6 5. What happens if I terminate employment? If you terminate employment during the Plan Year, your right to benefits will be determined in the following manner: (a) You will remain covered by insurance, but only for the period for which premiums have been paid prior to your termination of employment. (b) You will still be able to request reimbursement for qualifying dependent care expenses incurred prior to your date of termination from the balance remaining in your dependent care account at the time of termination of employment. However, no further salary redirection contributions will be made on your behalf after you terminate. You must submit claims within 90 days after termination. (c) Your Health Savings Account amounts will remain yours even after your termination of employment. (d) For health benefit coverage and Health Flexible Spending Account coverage on termination of employment, please see the Article entitled "Continuation Coverage Rights Under COBRA." Upon your termination of employment, your participation in the Health Flexible Spending Account will cease, and no further salary redirection contributions will be contributed on your behalf. However, you will be able to submit claims for health care expenses that were incurred before the end of the period for which payments to the Health Flexible Spending Account have already been made. Your further participation will be governed by "Continuation Coverage Rights Under COBRA." 6. Will my Social Security benefits be affected? Your Social Security benefits may be slightly reduced because when you receive tax-free benefits under our Plan, it reduces the amount of contributions that you make to the Federal Social Security system as well as our contribution to Social Security on your behalf. VI HIGHLY COMPENSATED AND KEY EMPLOYEES 1. Do limitations apply to highly compensated employees? Under the Internal Revenue Code, highly compensated employees and key employees generally are Participants who are officers, shareholders or highly paid. You will be notified by the Administrator each Plan Year whether you are a highly compensated employee or a key employee. If you are within these categories, the amount of contributions and benefits for you may be limited so that the Plan as a whole does not unfairly favor those who are highly paid, their spouses or their dependents. Federal tax laws state that a plan will be considered to unfairly favor the key employees if they as a group receive more than 25% of all of the nontaxable benefits provided for under our Plan. Plan experience will dictate whether contribution limitations on highly compensated employees or key employees will apply. You will be notified of these limitations if you are affected. VII PLAN ACCOUNTING 1. Periodic Statements The Administrator will provide you with a statement of your account periodically during the Plan Year that shows your account balance. It is important to read these statements carefully so you understand the balance remaining to pay for a benefit. Remember, you want to spend all the money you have designated for a particular benefit by the end of the Plan Year. VIII GENERAL INFORMATION ABOUT OUR PLAN This Section contains certain general information which you may need to know about the Plan. 1. General Plan Information Pittsylvania County Government Flexible Benefit Plan is the name of the Plan. Your Employer has assigned Plan Number 501 to your Plan. The provisions of your amended Plan become effective on November 1, 2019. Your Plan was originally effective on July 1, 1993. Your Plan's records are maintained on a twelve-month period of time. This is known as the Plan Year. The Plan Year begins on October 1 and ends on September 30, except for the short Plan Year which will begin on November 1 and end on September 30. 7.k.a Packet Pg. 271 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 7 2. Employer Information Your Employer's name, address, and identification number are: Pittsylvania County Government 1 Center Street Chatham, Virginia 24531 54-6001508 3. Plan Administrator Information The name, address and business telephone number of your Plan's Administrator are: Pittsylvania County Government 1 Center Street Chatham, Virginia 24531 434-432-1976 The Administrator keeps the records for the Plan and is responsible for the administration of the Plan. The Administrator will also answer any questions you may have about our Plan. You may contact the Administrator for any further information about the Plan. 4. Service of Legal Process The name and address of the Plan's agent for service of legal process are: Pittsylvania County Government 1 Center Street Chatham, Virginia 24531 5. Type of Administration The type of Administration is Employer Administration. 6. Claims Submission Claims for expenses should be submitted to: Flexible Benefit Administrators, Inc. Post Office Drawer 8188 Virginia Beach, VA 23450 IX ADDITIONAL PLAN INFORMATION 1. Claims Process You should submit all reimbursement claims during the Plan Year. For the Health Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. However, if you terminate employment during the Plan Year, you must submit your Health Flexible Spending Account claims within 90 days after your termination of employment. For the Dependent Care Flexible Spending Account, you must submit claims no later than 90 days after the end of the Plan Year. However, if you terminate employment during the Plan Year, you must submit your Dependent Care Flexible Spending Account claims within 90 days after your termination of employment. Any claims submitted after that time will not be considered. Claims that are insured will be handled in accordance with procedures contained in the insurance policies. All other general requests should be directed to the Administrator of our Plan. If a dependent care or medical expense claim under the Plan is denied in whole or in part, you or your beneficiary will receive written notification. The notification will include the reasons for the denial, with reference to the specific provisions of the Plan on which the denial was based, a description of any additional information needed to process the claim and an explanation of the claims review procedure. Within 60 days after denial, you or your beneficiary may submit a written request for reconsideration of the denial to the Administrator. Any such request should be accompanied by documents or records in support of your appeal. You or your beneficiary may review pertinent documents and submit issues and comments in writing. The Administrator will review the claim and provide, within 60 days, a written response to the appeal. (This period may be extended an additional 60 days under certain circumstances.) In this response, the Administrator will explain the reason for the decision, with specific reference to the provisions of the Plan on which the decision is based. The Administrator has the exclusive right to interpret the appropriate plan provisions. Decisions of the Administrator are conclusive and binding. 7.k.a Packet Pg. 272 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 8 X CONTINUATION COVERAGE RIGHTS UNDER COBRA Under federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), certain employees and their families covered under health benefits under this Plan will be entitled to the opportunity to elect a temporary extension of health coverage (called "COBRA continuation coverage") where coverage under the Plan would otherwise end. This notice is intended to inform Plan Participants and beneficiaries, in summary fashion, of their rights and obligations under the continuation coverage provisions of COBRA, as amended and reflected in final and proposed regulations published by the Department of the Treasury. This notice is intended to reflect the law and does not grant or take away any rights under the law. The Plan Administrator or its designee is responsible for administering COBRA continuation coverage. Complete instructions on COBRA, as well as election forms and other information, will be provided by the Plan Administrator or its designee to Plan Participants who become Qualified Beneficiaries under COBRA. While the Plan itself is not a group health plan, it does provide health benefits. Whenever "Plan" is used in this section, it means any of the health benefits under this Plan including the Health Flexible Spending Account. 1. What is COBRA continuation coverage? COBRA continuation coverage is the temporary extension of group health plan coverage that must be offered to certain Plan Participants and their eligible family members (called "Qualified Beneficiaries") at group rates. The right to COBRA continuation coverage is triggered by the occurrence of a life event that results in the loss of coverage under the terms of the Plan (the "Qualifying Event"). The coverage must be identical to the coverage that the Qualified Beneficiary had immediately before the Qualifying Event, or if the coverage has been changed, the coverage must be identical to the coverage provided to similarly situated active employees who have not experienced a Qualifying Event (in other words, similarly situated non-COBRA beneficiaries). There may be other options available when you lose group health coverage. For example, you may be eligible to buy an individual plan through the Health Insurance Marketplace. By enrolling in coverage through the Marketplace, you may qualify for lower costs on your monthly premiums and lower out-of-pocket costs. Additionally, you may qualify for a 30-day special enrollment period for another group health plan for which you are eligible (such as a spouse's plan), even if that plan generally doesn't accept late enrollees. 2. Who can become a Qualified Beneficiary? In general, a Qualified Beneficiary can be: (a) Any individual who, on the day before a Qualifying Event, is covered under a Plan by virtue of being on that day either a covered Employee, the Spouse of a covered Employee, or a Dependent child of a covered Employee. If, however, an individual who otherwise qualifies as a Qualified Beneficiary is denied or not offered coverage under the Plan under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. (b) Any child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, and any individual who is covered by the Plan as an alternate recipient under a qualified medical support order. If, however, an individual who otherwise qualifies as a Qualified Beneficiary is denied or not offered coverage under the Plan under circumstances in which the denial or failure to offer constitutes a violation of applicable law, then the individual will be considered to have had the coverage and will be considered a Qualified Beneficiary if that individual experiences a Qualifying Event. The term "covered Employee" includes any individual who is provided coverage under the Plan due to his or her performance of services for the employer sponsoring the Plan. However, this provision does not establish eligibility of these individuals. Eligibility for Plan coverage shall be determined in accordance with Plan Eligibility provisions. An individual is not a Qualified Beneficiary if the individual's status as a covered Employee is attributable to a period in which the individual was a nonresident alien who received from the individual's Employer no earned income that constituted income from sources within the United States. If, on account of the preceding reason, an individual is not a Qualified Beneficiary, then a Spouse or Dependent child of the individual will also not be considered a Qualified Beneficiary by virtue of the relationship to the individual. A domestic partner is not a Qualified Beneficiary. Each Qualified Beneficiary (including a child who is born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage) must be offered the opportunity to make an independent election to receive COBRA continuation coverage. 3. What is a Qualifying Event? A Qualifying Event is any of the following if the Plan provided that the Plan participant would lose coverage (i.e., cease to be covered under the same terms and conditions as in effect immediately before the Qualifying Event) in the absence of COBRA continuation coverage: (a) The death of a covered Employee. 7.k.a Packet Pg. 273 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 9 (b) The termination (other than by reason of the Employee's gross misconduct), or reduction of hours, of a covered Employee's employment. (c) The divorce or legal separation of a covered Employee from the Employee's Spouse. If the Employee reduces or eliminates the Employee's Spouse's Plan coverage in anticipation of a divorce or legal separation, and a divorce or legal separation later occurs, then the divorce or legal separation may be considered a Qualifying Event even though the Spouse's coverage was reduced or eliminated before the divorce or legal separation. (d) A covered Employee's enrollment in any part of the Medicare program. (e) A Dependent child's ceasing to satisfy the Plan's requirements for a Dependent child (for example, attainment of the maximum age for dependency under the Plan). If the Qualifying Event causes the covered Employee, or the covered Spouse or a Dependent child of the covered Employee, to cease to be covered under the Plan under the same terms and conditions as in effect immediately before the Qualifying Event, the persons losing such coverage become Qualified Beneficiaries under COBRA if all the other conditions of COBRA are also met. For example, any increase in contribution that must be paid by a covered Employee, or the Spouse, or a Dependent child of the covered Employee, for coverage under the Plan that results from the occurrence of one of the events listed above is a loss of coverage. The taking of leave under the Family and Medical Leave Act of 1993, as amended ("FMLA") does not constitute a Qualifying Event. A Qualifying Event will occur, however, if an Employee does not return to employment at the end of the FMLA leave and all other COBRA continuation coverage conditions are present. If a Qualifying Event occurs, it occurs on the last day of FMLA leave and the applicable maximum coverage period is measured from this date (unless coverage is lost at a later date and the Plan provides for the extension of the required periods, in which case the maximum coverage date is measured from the date when the coverage is lost.) Note that the covered Employee and family members will be entitled to COBRA continuation coverage even if they failed to pay the employee portion of premiums for coverage under the Plan during the FMLA leave. 4. What factors should be considered when determining to elect COBRA continuation coverage? When considering options for health coverage, Qualified Beneficiaries should consider: • Premiums: This plan can charge up to 102% of total plan premiums for COBRA coverage. Other options, like coverage on a spouse's plan or through the Marketplace, may be less expensive. Qualified Beneficiaries have special enrollment rights under federal law (HIPAA). They have the right to request special enrollment in another group health plan for which they are otherwise eligible (such as a plan sponsored by a spouse's employer) within 30 days after Plan coverage ends due to one of the Qualifying Events listed above. • Provider Networks: If a Qualified Beneficiary is currently getting care or treatment for a condition, a change in health coverage may affect access to a particular health care provider. You may want to check to see if your current health care providers participate in a network in considering options for health coverage. • Drug Formularies: For Qualified Beneficiaries taking medication, a change in health coverage may affect costs for medication – and in some cases, the medication may not be covered by another plan. Qualified beneficiaries should check to see if current medications are listed in drug formularies for other health coverage. • Severance payments: If COBRA rights arise because the Employee has lost his job and there is a severance package available from the employer, the former employer may have offered to pay some or all of the Employee's COBRA payments for a period of time. This can affect the timing of coverage available in the Marketplace. In this scenario, the Employee may want to contact the Department of Labor at 1-866-444-3272 to discuss options. • Medicare Eligibility: You should be aware of how COBRA coverage coordinates with Medicare eligibility. If you are eligible for Medicare at the time of the Qualifying Event, or if you will become eligible soon after the Qualifying Event, you should know that you have 8 months to enroll in Medicare after your employment –related health coverage ends. Electing COBRA coverage does not extend this 8-month period. For more information, see medicare.gov/sign-up-change-plan. • Service Areas: If benefits under the Plan are limited to specific service or coverage areas, benefits may not be available to a Qualified Beneficiary who moves out of the area. • Other Cost-Sharing: In addition to premiums or contributions for health coverage, the Plan requires participants to pay copayments, deductibles, coinsurance, or other amounts as benefits are used. Qualified beneficiaries should check to see what the cost-sharing requirements are for other health coverage options. For example, one option may have much lower monthly premiums, but a much higher deductible and higher copayments. Are there other coverage options besides COBRA Continuation Coverage? Yes. Instead of enrolling in COBRA continuation coverage, there may be other coverage options for Qualified Beneficiaries through the Health Insurance Marketplace, Medicaid, or other 7.k.a Packet Pg. 274 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 10 group health plan coverage options (such as a spouse's plan) through what is called a "special enrollment period." Some of these options may cost less than COBRA continuation coverage. You can learn more about many of these options at www.healthcare.gov. 5. What is the procedure for obtaining COBRA continuation coverage? The Plan has conditioned the availability of COBRA continuation coverage upon the timely election of such coverage. An election is timely if it is made during the election period. 6. What is the election period and how long must it last? The election period is the time period within which the Qualified Beneficiary must elect COBRA continuation coverage under the Plan. The election period must begin no later than the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event and ends 60 days after the later of the date the Qualified Beneficiary would lose coverage on account of the Qualifying Event or the date notice is provided to the Qualified Beneficiary of her or his right to elect COBRA continuation coverage. If coverage is not elected within the 60 day period, all rights to elect COBRA continuation coverage are forfeited. Note: If a covered Employee who has been terminated or experienced a reduction of hours qualifies for a trade readjustment allowance or alternative trade adjustment assistance under a federal law called the Trade Act of 2002, as extended by the Trade Preferences Extension Act of 2015, and the employee and his or her covered dependents have not elected COBRA coverage within the normal election period, a second opportunity to elect COBRA coverage will be made available for themselves and certain family members, but only within a limited period of 60 days or less and only during the six months immediately after their group health plan coverage ended. Any person who qualifies or thinks that he or she and/or his or her family members may qualify for assistance under this special provision should contact the Plan Administrator or its designee for further information about the special second election period. If continuation coverage is elected under this extension, it will not become effective prior to the beginning of this special second election period. 7. Is a covered Employee or Qualified Beneficiary responsible for informing the Plan Administrator of the occurrence of a Qualifying Event? The Plan will offer COBRA continuation coverage to Qualified Beneficiaries only after the Plan Administrator or its designee has been timely notified that a Qualifying Event has occurred. The Employer (if the Employer is not the Plan Administrator) will notify the Plan Administrator or its designee of the Qualifying Event within 30 days following the date coverage ends when the Qualifying Event is: (a) the end of employment or reduction of hours of employment, (b) death of the employee, (c) commencement of a proceeding in bankruptcy with respect to the Employer, or (d) entitlement of the employee to any part of Medicare. IMPORTANT: For the other Qualifying Events (divorce or legal separation of the employee and spouse or a dependent child's losing eligibility for coverage as a dependent child), you or someone on your behalf must notify the Plan Administrator or its designee in writing within 60 days after the Qualifying Event occurs, using the procedures specified below. If these procedures are not followed or if the notice is not provided in writing to the Plan Administrator or its designee during the 60-day notice period, any spouse or dependent child who loses coverage will not be offered the option to elect continuation coverage. You must send this notice to the Plan Administrator or its designee. NOTICE PROCEDURES: Any notice that you provide must be in writing. Oral notice, including notice by telephone, is not acceptable. You must mail, fax or hand-deliver your notice to the person, department or firm listed below, at the following address: Pittsylvania County Government 1 Center Street Chatham, Virginia 24531 If mailed, your notice must be postmarked no later than the last day of the required notice period. Any notice you provide must state: • the name of the plan or plans under which you lost or are losing coverage, • the name and address of the employee covered under the plan, • the name(s) and address(es) of the Qualified Beneficiary(ies), and • the Qualifying Event and the date it happened. 7.k.a Packet Pg. 275 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 11 If the Qualifying Event is a divorce or legal separation, your notice must include a copy of the divorce decree or the legal separation agreement. Be aware that there are other notice requirements in other contexts, for example, in order to qualify for a disability extension. Once the Plan Administrator or its designee receives timely notice that a Qualifying Event has occurred, COBRA continuation coverage will be offered to each of the qualified beneficiaries. Each Qualified Beneficiary will have an independent right to elect COBRA continuation coverage. Covered employees may elect COBRA continuation coverage for their spouses, and parents may elect COBRA continuation coverage on behalf of their children. For each Qualified Beneficiary who elects COBRA continuation coverage, COBRA continuation coverage will begin on the date that plan coverage would otherwise have been lost. If you or your spouse or dependent children do not elect continuation coverage within the 60-day election period described above, the right to elect continuation coverage will be lost. 8. Is a waiver before the end of the election period effective to end a Qualified Beneficiary's election rights? If, during the election period, a Qualified Beneficiary waives COBRA continuation coverage, the waiver can be revoked at any time before the end of the election period. Revocation of the waiver is an election of COBRA continuation coverage. However, if a waiver is later revoked, coverage need not be provided retroactively (that is, from the date of the loss of coverage until the waiver is revoked). Waivers and revocations of waivers are considered made on the date they are sent to the Plan Administrator or its designee, as applicable. 9. Is COBRA coverage available if a Qualified Beneficiary has other group health plan coverage or Medicare? Qualified Beneficiaries who are entitled to elect COBRA continuation coverage may do so even if they are covered under another group health plan or are entitled to Medicare benefits on or before the date on which COBRA is elected. However, a Qualified Beneficiary's COBRA coverage will terminate automatically if, after electing COBRA, he or she becomes entitled to Medicare or becomes covered under other group health plan coverage. 10. When may a Qualified Beneficiary's COBRA continuation coverage be terminated? During the election period, a Qualified Beneficiary may waive COBRA continuation coverage. Except for an interruption of coverage in connection with a waiver, COBRA continuation coverage that has been elected for a Qualified Beneficiary must extend for at least the period beginning on the date of the Qualifying Event and ending not before the earliest of the following dates: (a) The last day of the applicable maximum coverage period. (b) The first day for which Timely Payment is not made to the Plan with respect to the Qualified Beneficiary. (c) The date upon which the Employer ceases to provide any group health plan (including a successor plan) to any employee. (d) The date, after the date of the election, that the Qualified Beneficiary first becomes entitled to Medicare (either part A or part B, whichever occurs earlier). (e) In the case of a Qualified Beneficiary entitled to a disability extension, the later of: (1) (i) 29 months after the date of the Qualifying Event, or (ii) the first day of the month that is more than 30 days after the date of a final determination under Title II or XVI of the Social Security Act that the disabled Qualified Beneficiary whose disability resulted in the Qualified Beneficiary's entitlement to the disability extension is no longer disabled, whichever is earlier; or (2) the end of the maximum coverage period that applies to the Qualified Beneficiary without regard to the disability extension. The Plan can terminate for cause the coverage of a Qualified Beneficiary on the same basis that the Plan terminates for cause the coverage of similarly situated non-COBRA beneficiaries, for example, for the submission of a fraudulent claim. In the case of an individual who is not a Qualified Beneficiary and who is receiving coverage under the Plan solely because of the individual's relationship to a Qualified Beneficiary, if the Plan's obligation to make COBRA continuation coverage available to the Qualified Beneficiary ceases, the Plan is not obligated to make coverage available to the individual who is not a Qualified Beneficiary. 11. What are the maximum coverage periods for COBRA continuation coverage? The maximum coverage periods are based on the type of the Qualifying Event and the status of the Qualified Beneficiary, as shown below. (a) In the case of a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period ends 18 months after the Qualifying Event if there is not a disability extension and 29 months after the Qualifying Event if there is a disability extension. 7.k.a Packet Pg. 276 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 12 (b) In the case of a covered Employee's enrollment in the Medicare program before experiencing a Qualifying Event that is a termination of employment or reduction of hours of employment, the maximum coverage period for Qualified Beneficiaries ends on the later of: (1) 36 months after the date the covered Employee becomes enrolled in the Medicare program. This extension does not apply to the covered Employee; or (2) 18 months (or 29 months, if there is a disability extension) after the date of the covered Employee's termination of employment or reduction of hours of employment. (c) In the case of a Qualified Beneficiary who is a child born to or placed for adoption with a covered Employee during a period of COBRA continuation coverage, the maximum coverage period is the maximum coverage period applicable to the Qualifying Event giving rise to the period of COBRA continuation coverage during which the child was born or placed for adoption. (d) In the case of any other Qualifying Event than that described above, the maximum coverage period ends 36 months after the Qualifying Event. 12. Under what circumstances can the maximum coverage period be expanded? If a Qualifying Event that gives rise to an 18-month or 29-month maximum coverage period is followed, within that 18- or 29-month period, by a second Qualifying Event that gives rise to a 36-months maximum coverage period, the original period is expanded to 36 months, but only for individuals who are Qualified Beneficiaries at the time of and with respect to both Qualifying Events. In no circumstance can the COBRA maximum coverage period be expanded to more than 36 months after the date of the first Qualifying Event. The Plan Administrator must be notified of the second qualifying event within 60 days of the second qualifying event. This notice must be sent to the Plan Administrator or its designee in accordance with the procedures above. 13. How does a Qualified Beneficiary become entitled to a disability extension? A disability extension will be granted if an individual (whether or not the covered Employee) who is a Qualified Beneficiary in connection with the Qualifying Event that is a termination or reduction of hours of a covered Employee's employment, is determined under Title II or XVI of the Social Security Act to have been disabled at any time during the first 60 days of COBRA continuation coverage. To qualify for the disability extension, the Qualified Beneficiary must also provide the Plan Administrator with notice of the disability determination on a date that is both within 60 days after the date of the determination and before the end of the original 18-month maximum coverage. This notice must be sent to the Plan Administrator or its designee in accordance with the procedures above. 14. Does the Plan require payment for COBRA continuation coverage? For any period of COBRA continuation coverage under the Plan, Qualified Beneficiaries who elect COBRA continuation coverage may be required to pay up to 102% of the applicable premium and up to 150% of the applicable premium for any expanded period of COBRA continuation coverage covering a disabled Qualified Beneficiary due to a disability extension. Your Plan Administrator will inform you of the cost. The Plan will terminate a Qualified Beneficiary's COBRA continuation coverage as of the first day of any period for which timely payment is not made. 15. Must the Plan allow payment for COBRA continuation coverage to be made in monthly installments? Yes. The Plan is also permitted to allow for payment at other intervals. 16. What is Timely Payment for COBRA continuation coverage? Timely Payment means a payment made no later than 30 days after the first day of the coverage period. Payment that is made to the Plan by a later date is also considered Timely Payment if either under the terms of the Plan, covered Employees or Qualified Beneficiaries are allowed until that later date to pay for their coverage for the period or under the terms of an arrangement between the Employer and the entity that provides Plan benefits on the Employer's behalf, the Employer is allowed until that later date to pay for coverage of similarly situated non-COBRA beneficiaries for the period. Notwithstanding the above paragraph, the Plan does not require payment for any period of COBRA continuation coverage for a Qualified Beneficiary earlier than 45 days after the date on which the election of COBRA continuation coverage is made for that Qualified Beneficiary. Payment is considered made on the date on which it is postmarked to the Plan. If Timely Payment is made to the Plan in an amount that is not significantly less than the amount the Plan requires to be paid for a period of coverage, then the amount paid will be deemed to satisfy the Plan's requirement for the amount to be paid, unless the Plan notifies the Qualified Beneficiary of the amount of the deficiency and grants a reasonable period of time for payment of the deficiency to be made. A "reasonable period of time" is 30 days after the notice is provided. A shortfall in a Timely Payment is not significant if it is no greater than the lesser of $50 or 10% of the required amount. 7.k.a Packet Pg. 277 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 13 17. Must a Qualified Beneficiary be given the right to enroll in a conversion health plan at the end of the maximum coverage period for COBRA continuation coverage? If a Qualified Beneficiary's COBRA continuation coverage under a group health plan ends as a result of the expiration of the applicable maximum coverage period, the Plan will, during the 180-day period that ends on that expiration date, provide the Qualified Beneficiary with the option of enrolling under a conversion health plan if such an option is otherwise generally available to similarly situated non- COBRA beneficiaries under the Plan. If such a conversion option is not otherwise generally available, it need not be made available to Qualified Beneficiaries. 18. How is my participation in the Health Flexible Spending Account affected? You can elect to continue your participation in the Health Flexible Spending Account for the remainder of the Plan Year, subject to the following conditions. You may only continue to participate in the Health Flexible Spending Account if you have elected to contribute more money including any carryover amounts than you have taken out in claims. For example, if you elected to contribute an annual amount of $500 and, at the time you terminate employment, you have contributed $300 but only claimed $150, you may elect to continue coverage under the Health Flexible Spending Account. If you elect to continue coverage, then you would be able to continue to receive your health reimbursements up to the $500. However, you must continue to pay for the coverage, just as the money has been taken out of your paycheck, but on an after-tax basis. The Plan can also charge you an extra amount (as explained above for other health benefits) to provide this benefit. IF YOU HAVE QUESTIONS If you have questions about your COBRA continuation coverage, you should contact the Plan Administrator or its designee. For more information about your rights under ERISA, including COBRA, the Health Insurance Portability and Accountability Act (HIPAA), and other laws affecting group health plans, contact the nearest Regional or District Office of the U.S. Department of Labor's Employee Benefits Security Administration (EBSA). Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's website at www.dol.gov/ebsa. KEEP YOUR PLAN ADMINISTRATOR INFORMED OF ADDRESS CHANGES In order to protect your family's rights, you should keep the Plan Administrator informed of any changes in the addresses of family members. You should also keep a copy, for your records, of any notices you send to the Plan Administrator or its designee. XI SUMMARY The money you earn is important to you and your family. You need it to pay your bills, enjoy recreational activities and save for the future. Our flexible benefits plan will help you keep more of the money you earn by lowering the amount of taxes you pay. The Plan is the result of our continuing efforts to find ways to help you get the most for your earnings. If you have any questions, please contact the Administrator. 7.k.a Packet Pg. 278 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. PITTSYLVANIA COUNTY GOVERNMENT FLEXIBLE BENEFIT PLAN 7.k.a Packet Pg. 279 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II PARTICIPATION 2.1 ELIGIBILITY ................................................................................................................................................................................. 2 2.2 EFFECTIVE DATE OF PARTICIPATION ................................................................................................................................... 2 2.3 APPLICATION TO PARTICIPATE .............................................................................................................................................. 3 2.4 TERMINATION OF PARTICIPATION ........................................................................................................................................ 3 2.5 CHANGE OF EMPLOYMENT STATUS ..................................................................................................................................... 3 2.6 TERMINATION OF EMPLOYMENT .......................................................................................................................................... 3 2.7 DEATH ........................................................................................................................................................................................... 3 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION ............................................................................................................................................................. 4 3.2 APPLICATION OF CONTRIBUTIONS ....................................................................................................................................... 4 3.3 PERIODIC CONTRIBUTIONS ..................................................................................................................................................... 4 ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS ...................................................................................................................................................................... 4 4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT ........................................................................................................... 4 4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT ........................................................................................ 5 4.4 HEALTH INSURANCE BENEFIT ............................................................................................................................................... 5 4.5 DENTAL INSURANCE BENEFIT ............................................................................................................................................... 5 4.6 CANCER INSURANCE BENEFIT ............................................................................................................................................... 5 4.7 VISION INSURANCE BENEFIT .................................................................................................................................................. 5 4.8 OTHER INSURANCE BENEFIT .................................................................................................................................................. 5 4.9 HEALTH SAVINGS ACCOUNT BENEFIT ................................................................................................................................. 5 4.10 NONDISCRIMINATION REQUIREMENTS ............................................................................................................................... 6 ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS ................................................................................................................................................................... 6 5.2 SUBSEQUENT ANNUAL ELECTIONS ...................................................................................................................................... 6 5.3 FAILURE TO ELECT .................................................................................................................................................................... 6 5.4 CHANGE IN STATUS................................................................................................................................................................... 6 ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN ...................................................................................................................................................... 9 6.2 DEFINITIONS ............................................................................................................................................................................... 9 6.3 FORFEITURES .............................................................................................................................................................................. 10 6.4 LIMITATION ON ALLOCATIONS ............................................................................................................................................. 10 7.k.a Packet Pg. 280 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 6.5 NONDISCRIMINATION REQUIREMENTS ............................................................................................................................... 10 6.6 COORDINATION WITH CAFETERIA PLAN............................................................................................................................. 10 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS ............................................................................................................ 11 6.8 DEBIT AND CREDIT CARDS...................................................................................................................................................... 11 ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT ............................................................................................................................................. 12 7.2 DEFINITIONS ............................................................................................................................................................................... 12 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS ....................................................................................................... 13 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS ........................................................................... 13 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS .......................................................................... 13 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT ......................................................................................................... 13 7.7 ANNUAL STATEMENT OF BENEFITS...................................................................................................................................... 13 7.8 FORFEITURES .............................................................................................................................................................................. 13 7.9 LIMITATION ON PAYMENTS .................................................................................................................................................... 13 7.10 NONDISCRIMINATION REQUIREMENTS ............................................................................................................................... 13 7.11 COORDINATION WITH CAFETERIA PLAN............................................................................................................................. 14 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS ......................................................................................... 14 7.13 DEBIT AND CREDIT CARDS...................................................................................................................................................... 14 ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS ............................................................................................................................................................... 15 8.2 APPLICATION OF BENEFIT PLAN SURPLUS ......................................................................................................................... 16 ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION........................................................................................................................................................... 16 9.2 EXAMINATION OF RECORDS ................................................................................................................................................... 17 9.3 PAYMENT OF EXPENSES .......................................................................................................................................................... 17 9.4 INSURANCE CONTROL CLAUSE ............................................................................................................................................. 17 9.5 INDEMNIFICATION OF ADMINISTRATOR ............................................................................................................................. 17 ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT .............................................................................................................................................................................. 17 10.2 TERMINATION ............................................................................................................................................................................. 17 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION ........................................................................................................................................................... 18 11.2 GENDER, NUMBER AND TENSE .............................................................................................................................................. 18 11.3 WRITTEN DOCUMENT ............................................................................................................................................................... 18 11.4 EXCLUSIVE BENEFIT ................................................................................................................................................................. 18 11.5 PARTICIPANT'S RIGHTS ............................................................................................................................................................ 18 7.k.a Packet Pg. 281 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 11.6 ACTION BY THE EMPLOYER .................................................................................................................................................... 18 11.7 EMPLOYER'S PROTECTIVE CLAUSES .................................................................................................................................... 18 11.8 NO GUARANTEE OF TAX CONSEQUENCES .......................................................................................................................... 18 11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS ..................................................................................................... 18 11.10 FUNDING ...................................................................................................................................................................................... 19 11.11 GOVERNING LAW ....................................................................................................................................................................... 19 11.12 SEVERABILITY ............................................................................................................................................................................ 19 11.13 CAPTIONS ..................................................................................................................................................................................... 19 11.14 CONTINUATION OF COVERAGE (COBRA) ............................................................................................................................ 19 11.15 FAMILY AND MEDICAL LEAVE ACT (FMLA) ....................................................................................................................... 19 11.16 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ................................................................ 19 11.17 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) .......................................... 19 11.18 COMPLIANCE WITH HIPAA PRIVACY STANDARDS ........................................................................................................... 19 11.19 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS................................................................................ 20 11.20 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT ............................................................................................... 21 11.21 GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) .......................................................................................... 21 11.22 WOMEN'S HEALTH AND CANCER RIGHTS ACT .................................................................................................................. 21 11.23 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT ................................................................................................ 21 7.k.a Packet Pg. 282 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 1 PITTSYLVANIA COUNTY GOVERNMENT FLEXIBLE BENEFIT PLAN INTRODUCTION The Employer has amended this Plan effective November 1, 2019, to recognize the contribution made to the Employer by its Employees. Its purpose is to reward them by providing benefits for those Employees who shall qualify hereunder and their Dependents and beneficiaries. The concept of this Plan is to allow Employees to choose among different types of benefits based on their own particular goals, desires and needs. This Plan is a restatement of a Plan which was originally effective on July 1, 1993. The Plan shall be known as Pittsylvania County Government Flexible Benefit Plan (the "Plan"). The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the benefits which an Employee elects to receive under the Plan be excludable from the Employee's income under Section 125(a) and other applicable sections of the Internal Revenue Code of 1986, as amended. ARTICLE I DEFINITIONS 1.1 "Administrator" means the Employer unless another person or entity has been designated by the Employer pursuant to Section 9.1 to administer the Plan on behalf of the Employer. If the Employer is the Administrator, the Employer may appoint any person, including, but not limited to, the Employees of the Employer, to perform the duties of the Administrator. Any person so appointed shall signify acceptance by filing written acceptance with the Employer. Upon the resignation or removal of any individual performing the duties of the Administrator, the Employer may designate a successor. 1.2 "Affiliated Employer" means the Employer and any corporation which is a member of a controlled group of corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or business (whether or not incorporated) which is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in Code Section 414(m)) which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury regulations under Code Section 414(o). 1.3 "Benefit" or "Benefit Options" means any of the optional benefit choices available to a Participant as outlined in Section 4.1. 1.4 "Cafeteria Plan Benefit Dollars" means the amount available to Participants to purchase Benefit Options as provided under Section 4.1. Each dollar contributed to this Plan shall be converted into one Cafeteria Plan Benefit Dollar. 1.5 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time. 1.6 "Compensation" means the amounts received by the Participant from the Employer during a Plan Year. 1.7 "Dependent" means any individual who qualifies as a dependent under an Insurance Contract for purposes of coverage under that Contract only or under Code Section 152 (as modified by Code Section 105(b)). "Dependent" shall include any Child of a Participant who is covered under an Insurance Contract, as defined in the Contract, or under the Health Flexible Spending Account or as allowed by reason of the Affordable Care Act. For purposes of the Health Flexible Spending Account, a Participant's "Child" includes his/her natural child, stepchild, foster child, adopted child, or a child placed with the Participant for adoption. A Participant's Child will be an eligible Dependent until reaching the limiting age of 26, without regard to student status, marital status, financial dependency or residency status with the Employee or any other person. When the child reaches the applicable limiting age, coverage will end at the end of the calendar year. The phrase "placed for adoption" refers to a child whom the Participant intends to adopt, whether or not the adoption has become final, who has not attained the age of 18 as of the date of such placement for adoption. The term "placed" means the assumption and retention by such Employee of a legal obligation for total or partial support of the child in anticipation of adoption of the child. The child must be available for adoption and the legal process must have commenced. 1.8 "Effective Date" means July 1, 1993. 1.9 "Election Period" means the period immediately preceding the beginning of each Plan Year established by the Administrator, such period to be applied on a uniform and nondiscriminatory basis for all Employees and Participants. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. 1.10 "Eligible Employee" means any Employee who has satisfied the provisions of Section 2.1. An individual shall not be an "Eligible Employee" if such individual is not reported on the payroll records of the Employer as a common law employee. In particular, it is expressly intended that individuals not treated as common law employees by the 7.k.a Packet Pg. 283 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 2 Employer on its payroll records are not "Eligible Employees" and are excluded from Plan participation even if a court or administrative agency determines that such individuals are common law employees and not independent contractors. However, any Employee who is a "part-time" Employee shall not be eligible to participate in this Plan. A "part-time" Employee is any Employee who works, or is expected to work on a regular basis, less than 30 hours a week and is designated as a part-time Employee on the Employer's personnel records. 1.11 "Employee" means any person who is employed by the Employer. The term Employee shall include leased employees within the meaning of Code Section 414(n)(2). 1.12 "Employer" means Pittsylvania County Government and any successor which shall maintain this Plan; and any predecessor which has maintained this Plan. In addition, where appropriate, the term Employer shall include any Participating, Affiliated or Adopting Employer. 1.13 "Insurance Contract" means any contract issued by an Insurer underwriting a Benefit. 1.14 "Insurance Premium Payment Plan" means the plan of benefits contained in Section 4.1 of this Plan, which provides for the payment of Premium Expenses. 1.15 "Insurer" means any insurance company that underwrites a Benefit under this Plan. 1.16 "Key Employee" means an Employee described in Code Section 416(i)(1) and the Treasury regulations thereunder. 1.17 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 1.18 "Plan" means this instrument, including all amendments thereto. 1.19 "Plan Year" means the 12-month period beginning October 1 and ending September 30, except for the short Plan Year beginning November 1 and ending on September 30. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. 1.20 "Premium Expenses" or "Premiums" mean the Participant's cost for the Benefits described in Section 4.1. 1.21 "Premium Expense Reimbursement Account" means the account established for a Participant pursuant to this Plan to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Premiums of the Participant may be paid or reimbursed. If more than one type of insured Benefit is elected, sub-accounts shall be established for each type of insured Benefit. 1.22 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. 1.23 "Salary Redirection Agreement" means an agreement between the Participant and the Employer under which the Participant agrees to reduce his Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. 1.24 "Spouse" means spouse as determined under Federal law. ARTICLE II PARTICIPATION 2.1 ELIGIBILITY Any Eligible Employee shall be eligible to participate hereunder on the first of the month following his initial date of employment with the Employer. However, any Eligible Employee who was a Participant in the Plan on the effective date of this amendment shall continue to be eligible to participate in the Plan. 2.2 EFFECTIVE DATE OF PARTICIPATION An Eligible Employee shall become a Participant effective as of the first day of the pay period coinciding with or next following the date on which he met the eligibility requirements of Section 2.1. 7.k.a Packet Pg. 284 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 3 2.3 APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate in a manner set forth by the Administrator. The election shall be irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change his Benefit elections pursuant to Section 5.4 hereof. An Eligible Employee shall also be required to complete a Salary Redirection Agreement during the Election Period for the Plan Year during which he wishes to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period beginning on or after the Employee's effective date of participation pursuant to Section 2.2. 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer participate in this Plan upon the occurrence of any of the following events: (a) Termination of employment. The Participant's termination of employment, subject to the provisions of Section 2.6; (b) Change in employment status. The end of the Plan Year during which the Participant became a limited Participant because of a change in employment status pursuant to Section 2.5; (c) Death. The Participant's death, subject to the provisions of Section 2.7; or (d) Termination of the plan. The termination of this Plan, subject to the provisions of Section 10.2. 2.5 CHANGE OF EMPLOYMENT STATUS If a Participant ceases to be eligible to participate because of a change in employment status or classification (other than through termination of employment), the Participant shall become a limited Participant in this Plan for the remainder of the Plan Year in which such change of employment status occurs. As a limited Participant, no further Salary Redirection may be made on behalf of the Participant, and, except as otherwise provided herein, all further Benefit elections shall cease, subject to the limited Participant's right to continue coverage under any Insurance Contracts. However, any balances in the limited Participant's Dependent Care Flexible Spending Account may be used during such Plan Year to reimburse the limited Participant for any allowable Employment-Related Dependent Care incurred during the Plan Year. Subject to the provisions of Section 2.6, if the limited Participant later becomes an Eligible Employee, then the limited Participant may again become a full Participant in this Plan, provided he otherwise satisfies the participation requirements set forth in this Article II as if he were a new Employee and made an election in accordance with Section 5.1. 2.6 TERMINATION OF EMPLOYMENT If a Participant's employment with the Employer is terminated for any reason other than death, his participation in the Benefit Options provided under Section 4.1 shall be governed in accordance with the following: (a) Insurance Benefit. With regard to Benefits which are insured, the Participant's participation in the Plan shall cease, subject to the Participant's right to continue coverage under any Insurance Contract for which premiums have already been paid. (b) Dependent Care FSA. With regard to the Dependent Care Flexible Spending Account, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for employment related Dependent Care Expense reimbursements for claims incurred up to the date of termination and submitted within 90 days after termination, based on the level of the Participant's Dependent Care Flexible Spending Account as of the date of termination. (c) COBRA applicability. With regard to the Health Flexible Spending Account, the Participant may submit claims for expenses that were incurred during the portion of the Plan Year before the end of the period for which payments to the Health Flexible Spending Account have already been made. Thereafter, the health benefits under this Plan including the Health Flexible Spending Account shall be applied and administered consistent with such further rights a Participant and his Dependents may be entitled to pursuant to Code Section 4980B and Section 11.14 of the Plan. 2.7 DEATH If a Participant dies, his participation in the Plan shall cease. However, such Participant's spouse or Dependents may submit claims for expenses or benefits for the remainder of the Plan Year or until the Cafeteria Plan Benefit Dollars allocated to each specific benefit are exhausted. In no event may reimbursements be paid to someone who is not a spouse or Dependent. If the Plan is subject to the provisions of Code Section 4980B, then those provisions and related regulations shall apply for purposes of the Health Flexible Spending Account. 7.k.a Packet Pg. 285 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 4 ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION Benefits under the Plan shall be financed by Salary Redirections sufficient to support Benefits that a Participant has elected hereunder and to pay the Participant's Premium Expenses. The salary administration program of the Employer shall be revised to allow each Participant to agree to reduce his pay during a Plan Year by an amount determined necessary to purchase the elected Benefit Options. The amount of such Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding the above, for new Participants, the Salary Redirection Agreement shall only be applicable from the first day of the pay period following the Employee's entry date up to and including the last day of the Plan Year. These contributions shall be converted to Cafeteria Plan Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article IV. Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit election or a Salary Redirection Agreement after the Plan Year has commenced and make a new election with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in status and such other permitted events as determined under Article V of the Plan and consistent with the rules and regulations of the Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are deemed to be part of this Plan and incorporated by reference hereunder. 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply the Salary Redirection to provide the Benefits elected by the affected Participants. Any contribution made or withheld for the Health Flexible Spending Account or Dependent Care Flexible Spending Account shall be credited to such fund or account. Amounts designated for the Participant's Premium Expense Reimbursement Account shall likewise be credited to such account for the purpose of paying Premium Expenses. 3.3 PERIODIC CONTRIBUTIONS Notwithstanding the requirement provided above and in other Articles of this Plan that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro rata for each payroll period. However, with regard to the Health Flexible Spending Account, the payment schedule for the required contributions may not be based on the rate or amount of reimbursements during the Plan Year. ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS Each Participant may elect any one or more of the following optional Benefits: (1) Health Flexible Spending Account (2) Dependent Care Flexible Spending Account (3) Insurance Premium Payment Plan (i) Health Insurance Benefit (ii) Dental Insurance Benefit (iii) Cancer Insurance Benefit (iv) Vision Insurance Benefit (v) Other Insurance Benefit (4) Health Savings Account Benefit 4.2 HEALTH FLEXIBLE SPENDING ACCOUNT BENEFIT Each Participant may elect to participate in the Health Flexible Spending Account option, in which case Article VI shall apply. 7.k.a Packet Pg. 286 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 5 4.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT BENEFIT Each Participant may elect to participate in the Dependent Care Flexible Spending Account option, in which case Article VII shall apply. 4.4 HEALTH INSURANCE BENEFIT (a) Coverage for Participant and Dependents. Each Participant may elect to be covered under a health Insurance Contract for the Participant, his or her Spouse, and his or her Dependents. (b) Employer selects contracts. The Employer may select suitable health Insurance Contracts for use in providing this health insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such health Insurance Contract shall be determined therefrom, and such Insurance Contract shall be incorporated herein by reference. 4.5 DENTAL INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's dental Insurance Contract. In addition, the Participant may elect either individual or family coverage under such Insurance Contract. (b) Employer selects contracts. The Employer may select suitable dental Insurance Contracts for use in providing this dental insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such dental Insurance Contract shall be determined therefrom, and such dental Insurance Contract shall be incorporated herein by reference. 4.6 CANCER INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's cancer Insurance Contract. In addition, the Participant may elect either individual or family coverage. (b) Employer selects contracts. The Employer may select suitable cancer Insurance Contracts for use in providing this cancer insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such cancer Insurance Contract shall be determined therefrom, and such cancer Insurance Contract shall be incorporated herein by reference. 4.7 VISION INSURANCE BENEFIT (a) Coverage for Participant and/or Dependents. Each Participant may elect to be covered under the Employer's vision Insurance Contract. In addition, the Participant may elect either individual or family coverage. (b) Employer selects contracts. The Employer may select suitable vision Insurance Contracts for use in providing this vision insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. (c) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from such vision Insurance Contract shall be determined therefrom, and such vision Insurance Contract shall be incorporated herein by reference. 4.8 OTHER INSURANCE BENEFIT (a) Employer selects contracts. The Employer may select additional health or other policies allowed under Code Section 125 or allow the purchase of additional health or other policies by and for Participants, which policies will provide uniform benefits for all Participants electing this Benefit. (b) Contract incorporated by reference. The rights and conditions with respect to the benefits payable from any additional Insurance Contract shall be determined therefrom, and such Insurance Contract shall be incorporated herein by reference. 4.9 HEALTH SAVINGS ACCOUNT BENEFIT Each Participant may elect to have a portion of his Salary Redirections contributed to a Health Savings Account, as defined in Code Section 223. The amounts contributed shall be subject to the terms of the Health Savings Account as established. 7.k.a Packet Pg. 287 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 6 4.10 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Plan to provide benefits to a classification of employees which the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor discrimination may not occur under Code Section 125. (b) 25% concentration test. It is the intent of this Plan not to provide qualified benefits as defined under Code Section 125 to Key Employees in amounts that exceed 25% of the aggregate of such Benefits provided for all Eligible Employees under the Plan. For purposes of the preceding sentence, qualified benefits shall not include benefits which (without regard to this paragraph) are includible in gross income. (c) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination or possible taxation to Key Employees or a group of employees in whose favor discrimination may not occur in violation of Code Section 125, it may, but shall not be required to, reject any election or reduce contributions or non-taxable Benefits in order to assure compliance with the Code and regulations. Any act taken by the Administrator shall be carried out in a uniform and nondiscriminatory manner. With respect to any affected Participant who has had Benefits reduced pursuant to this Section, the reduction shall be made proportionately among Health Flexible Spending Account Benefits and Dependent Care Flexible Spending Account Benefits, and once all these Benefits are expended, proportionately among insured Benefits. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and deposited into the benefit plan surplus. ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided he elects to do so on or before his effective date of participation pursuant to Section 2.2. 5.2 SUBSEQUENT ANNUAL ELECTIONS During the Election Period prior to each subsequent Plan Year, each Participant shall be given the opportunity to elect, on an election of benefits form to be provided by the Administrator, which Benefit options he wishes to select. Any such election shall be effective for any Benefit expenses incurred during the Plan Year which follows the end of the Election Period. With regard to subsequent annual elections, the following options shall apply: (a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; (b) A Participant may terminate his participation in the Plan by notifying the Administrator in writing during the Election Period that he does not want to participate in the Plan for the next Plan Year; (c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan, except as provided for in Section 5.4. 5.3 FAILURE TO ELECT With regard to Benefits available under the Plan for which no Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall therefore be authorized or made for the subsequent Plan Year for such Benefits. With regard to Benefits available under the Plan for which Premium Expenses apply, any Participant who fails to complete a new benefit election form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have made the same Benefit elections as are then in effect for the current Plan Year. The Participant shall also be deemed to have elected Salary Redirection in an amount necessary to purchase such Benefit options. 5.4 CHANGE IN STATUS (a) Change in status defined. Any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, the changes are necessitated by and are consistent with a change in status which is acceptable under rules and regulations adopted by the Department of the Treasury, the provisions of which are incorporated by reference. Notwithstanding anything herein to the contrary, if the rules and regulations conflict, then such rules and regulations shall control. 7.k.a Packet Pg. 288 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 7 In general, a change in election is not consistent if the change in status is the Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, and the Participant's election under the Plan is to cancel accident or health insurance coverage for any individual other than the one involved in such event. In addition, if the Participant, Spouse or Dependent gains or loses eligibility for coverage, then a Participant's election under the Plan to cease or decrease coverage for that individual under the Plan corresponds with that change in status only if coverage for that individual becomes applicable or is increased under the family member plan. Regardless of the consistency requirement, if the individual, the individual's Spouse, or Dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Code Section 4980B or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. However, this does not apply for COBRA eligibility due to divorce, annulment or legal separation. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than the first pay period beginning after the election form is completed and returned to the Administrator. For the purposes of this subsection, a change in status shall only include the following events or other events permitted by Treasury regulations: (1) Legal Marital Status: events that change a Participant's legal marital status, including marriage, divorce, death of a Spouse, legal separation or annulment; (2) Number of Dependents: Events that change a Participant's number of Dependents, including birth, adoption, placement for adoption, or death of a Dependent; (3) Employment Status: Any of the following events that change the employment status of the Participant, Spouse, or Dependent: termination or commencement of employment, a strike or lockout, commencement or return from an unpaid leave of absence, or a change in worksite. In addition, if the eligibility conditions of this Plan or other employee benefit plan of the Employer of the Participant, Spouse, or Dependent depend on the employment status of that individual and there is a change in that individual's employment status with the consequence that the individual becomes (or ceases to be) eligible under the plan, then that change constitutes a change in employment under this subsection; (4) Dependent satisfies or ceases to satisfy the eligibility requirements: An event that causes the Participant's Dependent to satisfy or cease to satisfy the requirements for coverage due to attainment of age, student status, or any similar circumstance; and (5) Residency: A change in the place of residence of the Participant, Spouse or Dependent, that would lead to a change in status (such as a loss of HMO coverage). For the Dependent Care Flexible Spending Account, a Dependent becoming or ceasing to be a "Qualifying Dependent" as defined under Code Section 21(b) shall also qualify as a change in status. Notwithstanding anything in this Section to the contrary, the gain of eligibility or change in eligibility of a child, as allowed under Code Sections 105(b) and 106, and guidance thereunder, shall qualify as a change in status. (b) Special enrollment rights. Notwithstanding subsection (a), the Participants may change an election for group health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 9801(f), including those authorized under the provisions of the Children's Health Insurance Program Reauthorization Act of 2009 (SCHIP); provided that such Participant meets the sixty (60) day notice requirement imposed by Code Section 9801(f) (or such longer period as may be permitted by the Plan and communicated to Participants). Such change shall take place on a prospective basis, unless otherwise required by Code Section 9801(f) to be retroactive. (c) Qualified Medical Support Order. Notwithstanding subsection (a), in the event of a judgment, decree, or order (including approval of a property settlement) ("order") resulting from a divorce, legal separation, annulment, or change in legal custody which requires accident or health coverage for a Participant's child (including a foster child who is a Dependent of the Participant): (1) The Plan may change an election to provide coverage for the child if the order requires coverage under the Participant's plan; or (2) The Participant shall be permitted to change an election to cancel coverage for the child if the order requires the former Spouse to provide coverage for such child, under that individual's plan and such coverage is actually provided. (d) Medicare or Medicaid. Notwithstanding subsection (a), a Participant may change elections to cancel accident or health coverage for the Participant or the Participant's Spouse or Dependent if the Participant or the Participant's Spouse or Dependent is enrolled in the accident or health coverage of the Employer and becomes entitled to coverage (i.e., enrolled) under Part A or Part B of the Title XVIII of the Social Security Act (Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928 of the Social Security Act (the program for distribution of pediatric vaccines). If the Participant or the Participant's Spouse or Dependent who has been entitled to Medicaid or Medicare coverage loses 7.k.a Packet Pg. 289 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 8 eligibility, that individual may prospectively elect coverage under the Plan if a benefit package option under the Plan provides similar coverage. (e) Cost increase or decrease. If the cost of a Benefit provided under the Plan increases or decreases during a Plan Year, then the Plan shall automatically increase or decrease, as the case may be, the Salary Redirections of all affected Participants for such Benefit. Alternatively, if the cost of a benefit package option increases significantly, the Administrator shall permit the affected Participants to either make corresponding changes in their payments or revoke their elections and, in lieu thereof, receive on a prospective basis coverage under another benefit package option with similar coverage, or drop coverage prospectively if there is no benefit package option with similar coverage. A cost increase or decrease refers to an increase or decrease in the amount of elective contributions under the Plan, whether resulting from an action taken by the Participants or an action taken by the Employer. (f) Loss of coverage. If the coverage under a Benefit is significantly curtailed or ceases during a Plan Year, affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another plan with similar coverage, or drop coverage prospectively if no similar coverage is offered. (g) Addition of a new benefit. If, during the period of coverage, a new benefit package option or other coverage option is added, an existing benefit package option is significantly improved, or an existing benefit package option or other coverage option is eliminated, then the affected Participants may elect the newly-added option, or elect another option if an option has been eliminated prospectively and make corresponding election changes with respect to other benefit package options providing similar coverage. In addition, those Eligible Employees who are not participating in the Plan may opt to become Participants and elect the new or newly improved benefit package option. (h) Loss of coverage under certain other plans. A Participant may make a prospective election change to add group health coverage for the Participant, the Participant's Spouse or Dependent if such individual loses group health coverage sponsored by a governmental or educational institution, including a state children's health insurance program under the Social Security Act, the Indian Health Service or a health program offered by an Indian tribal government, a state health benefits risk pool, or a foreign government group health plan. (i) Change of coverage due to change under certain other plans. A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of a Spouse's, former Spouse's or Dependent's employer if (1) the cafeteria plan or other benefits plan of the Spouse's, former Spouse's or Dependent's employer permits its participants to make a change; or (2) the cafeteria plan permits participants to make an election for a period of coverage that is different from the period of coverage under the cafeteria plan of a Spouse's, former Spouse's or Dependent's employer. (j) Change in dependent care provider. A Participant may make a prospective election change that is on account of and corresponds with a change by the Participant in the dependent care provider. The availability of dependent care services from a new childcare provider is similar to a new benefit package option becoming available. A cost change is allowable in the Dependent Care Flexible Spending Account only if the cost change is imposed by a dependent care provider who is not related to the Participant, as defined in Code Section 152(a)(1) through (8). (k) Health FSA cannot change due to insurance change. A Participant shall not be permitted to change an election to the Health Flexible Spending Account as a result of a cost or coverage change under any health insurance benefits. (l) Health Savings Account changes. With regard to the Health Savings Account Benefit specified in Section 4.9, a Participant who has elected to make elective contributions under such arrangement may modify or revoke the election prospectively, provided such change is consistent with Code Section 223 and the Treasury regulations thereunder. (m) Changes due to reduction in hours or enrollment in an Exchange Plan. A Participant may prospectively revoke coverage under the group health plan (that is not a health Flexible Spending Account) which provides minimum essential coverage (as defined in Code §5000A(f)(1)) provided the following conditions are met: Conditions for revocation due to reduction in hours of service: (1) The Participant has been reasonably expected to average at least 30 hours of service per week and there is a change in that Participant's status so that the Participant will reasonably be expected to average less than 30 hours of service per week after the change, even if that reduction does not result in the Participant ceasing to be eligible under the group health plan; and (2) The revocation of coverage under the group health plan corresponds to the intended enrollment of the Participant, and any related individuals who cease coverage due to the revocation, in another plan that provides minimum essential coverage with the new coverage effective no later than the first day of the second month following the month that includes the date the original coverage is revoked. The Administrator may rely on the reasonable representation of the Participant who is reasonably expected to have an average of less than 30 hours of service per week for future periods that the Participant and related individuals have enrolled or intend to 7.k.a Packet Pg. 290 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 9 enroll in another plan that provides minimum essential coverage for new coverage that is effective no later than the first day of the second month following the month that includes the date the original coverage is revoked. Conditions for revocation due to enrollment in a Qualified Health Plan: (1) The Participant is eligible for a Special Enrollment Period to enroll in a Qualified Health Plan through a Marketplace (federal or state exchange) pursuant to guidance issued by the Department of Health and Human Services and any other applicable guidance, or the Participant seeks to enroll in a Qualified Health Plan through a Marketplace during the Marketplace's annual open enrollment period; and (2) The revocation of the election of coverage under the group health plan corresponds to the intended enrollment of the Participant and any related individuals who cease coverage due to the revocation in a Qualified Health Plan through a Marketplace for new coverage that is effective beginning no later than the day immediately following the last day of the original coverage that is revoked. The Administrator may rely on the reasonable representation of a Participant who has an enrollment opportunity for a Qualified Health Plan through a Marketplace that the Participant and related individuals have enrolled or intend to enroll in a Qualified Health Plan for new coverage that is effective beginning no later than the day immediately following the last day of the original coverage that is revoked. ARTICLE VI HEALTH FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN This Health Flexible Spending Account is intended to qualify as a medical reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury regulations thereunder. Participants who elect to participate in this Health Flexible Spending Account may submit claims for the reimbursement of Medical Expenses. All amounts reimbursed shall be periodically paid from amounts allocated to the Health Flexible Spending Account. Periodic payments reimbursing Participants from the Health Flexible Spending Account shall in no event occur less frequently than monthly. There is an additional "limited FSA" designed to coordinate with a Health Savings Account and high deductible health plan. 6.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan, the terms below have the following meaning: (a) "Health Flexible Spending Account" means the account established for Participants pursuant to this Plan to which part of their Cafeteria Plan Benefit Dollars may be allocated and from which all allowable Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents may be reimbursed. (b) "Highly Compensated Participant" means, for the purposes of this Article and determining discrimination under Code Section 105(h), a participant who is: (1) one of the 5 highest paid officers; (2) a shareholder who owns (or is considered to own applying the rules of Code Section 318) more than 10 percent in value of the stock of the Employer; or (3) among the highest paid 25 percent of all Employees (other than exclusions permitted by Code Section 105(h)(3)(B) for those individuals who are not Participants). (c) "Medical Expenses" means any expense for medical care within the meaning of the term "medical care" as defined in Code Section 213(d) and the rulings and Treasury regulations thereunder, and not otherwise used by the Participant as a deduction in determining his tax liability under the Code. "Medical Expenses" can be incurred by the Participant, his or her Spouse and his or her Dependents. "Incurred" means, with regard to Medical Expenses, when the Participant is provided with the medical care that gives rise to the Medical Expense and not when the Participant is formally billed or charged for, or pays for, the medical care. A Participant who contributes to a Health Savings Account may only be reimbursed for medical expenses that are considered to be for dental or vision expenses as allowed under Code Section 223. A Participant may not be reimbursed for the cost of any medicine or drug that is not "prescribed" within the meaning of Code Section 106(f) or is not insulin. A Participant may not be reimbursed for the cost of other health coverage such as premiums paid under plans maintained by the employer of the Participant's Spouse or individual policies maintained by the Participant or his Spouse or Dependent. 7.k.a Packet Pg. 291 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 10 A Participant may not be reimbursed for "qualified long-term care services" as defined in Code Section 7702B(c). (d) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Health Flexible Spending Account. 6.3 FORFEITURES The amount in the Health Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof, excluding any carryover) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to Section 8.2. 6.4 LIMITATION ON ALLOCATIONS (a) Notwithstanding any provision contained in this Health Flexible Spending Account to the contrary, the maximum amount of salary reductions that may be allocated to the Health Flexible Spending Account by a Participant in or on account of any Plan Year is the statutory amount under Code Section 125(i)(2), as adjusted for increases in the cost of living. The cost of living adjustment in effect for a calendar year applies to any Plan Year beginning with or within such calendar year. The dollar increase in effect on January 1 of any calendar year shall be effective for the Plan Year beginning with or within such calendar year. For any short Plan Year, the limit shall be an amount equal to the limit for the calendar year in which the Plan Year begins multiplied by the ratio obtained by dividing the number of full months in the short Plan Year by twelve (12). (b) For any short Plan Year, the maximum amount that may be allocated to the Health Flexible Spending Account is $2475.00. (c) Participation in Other Plans. All employers that are treated as a single employer under Code Sections 414(b), (c), or (m), relating to controlled groups and affiliated service groups, are treated as a single employer for purposes of the statutory limit. If a Participant participates in multiple cafeteria plans offering health flexible spending accounts maintained by members of a controlled group or affiliated service group, the Participant's total Health Flexible Spending Account contributions under all of the cafeteria plans are limited to the statutory limit (as adjusted). However, a Participant employed by two or more employers that are not members of the same controlled group may elect up to the statutory limit (as adjusted) under each Employer's Health Flexible Spending Account. (d) Carryover. A Participant in the Health Flexible Spending Account may roll over up to $500.00 of unused amounts in the Health Flexible Spending Account remaining at the end of one Plan Year to the immediately following Plan Year. These amounts can be used during the following Plan Year for expenses incurred in that Plan Year. Amounts carried over do not affect the maximum amount of salary redirection contributions for the Plan Year to which they are carried over. Unused amounts are those remaining after expenses have been reimbursed during the runout period. These amounts may not be cashed out or converted to any other taxable or nontaxable benefit. Amounts in excess of $500.00 will be forfeited. The Plan is allowed, but not required, to treat claims as being paid first from the current year amounts, then from the carryover amounts. 6.5 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Health Flexible Spending Account not to discriminate in violation of the Code and the Treasury regulations thereunder. (b) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination under this Health Flexible Spending Account, it may, but shall not be required to, reject any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Health Flexible Spending Account by the member of the group in whose favor discrimination may not occur pursuant to Code Section 105 that elected to contribute the highest amount to the fund for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section or the Code are satisfied, or until the amount designated for the fund equals the amount designated for the fund by the next member of the group in whose favor discrimination may not occur pursuant to Code Section 105 who has elected the second highest contribution to the Health Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section or the Code are satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and credited to the benefit plan surplus. 6.6 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Health Flexible Spending Account. The enrollment under the Cafeteria Plan shall constitute enrollment under this Health Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 7.k.a Packet Pg. 292 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 11 6.7 HEALTH FLEXIBLE SPENDING ACCOUNT CLAIMS (a) Expenses must be incurred during Plan Year. All Medical Expenses incurred by a Participant, his or her Spouse and his or her Dependents during the Plan Year shall be reimbursed during the Plan Year subject to Section 2.6, even though the submission of such a claim occurs after his participation hereunder ceases; but provided that the Medical Expenses were incurred during the applicable Plan Year. Medical Expenses are treated as having been incurred when the Participant is provided with the medical care that gives rise to the medical expenses, not when the Participant is formally billed or charged for, or pays for the medical care. (b) Reimbursement available throughout Plan Year. The Administrator shall direct the reimbursement to each eligible Participant for all allowable Medical Expenses, up to a maximum of the amount designated by the Participant for the Health Flexible Spending Account for the Plan Year. Reimbursements shall be made available to the Participant throughout the year without regard to the level of Cafeteria Plan Benefit Dollars which have been allocated to the fund at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any health care plan covering the Participant and/or his Spouse or Dependents. (c) Payments. Reimbursement payments under this Plan shall be made directly to the Participant. However, in the Administrator's discretion, payments may be made directly to the service provider. The application for payment or reimbursement shall be made to the Administrator on an acceptable form within a reasonable time of incurring the debt or paying for the service. The application shall include a written statement from an independent third party stating that the Medical Expense has been incurred and the amount of such expense. Furthermore, the Participant shall provide a written statement that the Medical Expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the Health Flexible Spending Account, such amount will not be claimed as a tax deduction. The Administrator shall retain a file of all such applications. (d) Claims for reimbursement. Claims for the reimbursement of Medical Expenses incurred in any Plan Year shall be paid as soon after a claim has been filed as is administratively practicable; provided however, that if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those Medical Expense claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for the reimbursement of Medical Expenses must be submitted within 90 days after termination of employment. 6.8 DEBIT AND CREDIT CARDS Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Medical Expenses, subject to the following terms: (a) Card only for medical expenses. Each Participant issued a card shall certify that such card shall only be used for Medical Expenses. The Participant shall also certify that any Medical Expense paid with the card has not already been reimbursed by any other plan covering health benefits and that the Participant will not seek reimbursement from any other plan covering health benefits. (b) Card issuance. Such card shall be issued upon the Participant's Effective Date of Participation and reissued for each Plan Year the Participant remains a Participant in the Health Flexible Spending Account. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant has a change in status that results in the Participant's withdrawal from the Health Flexible Spending Account. (c) Maximum dollar amount available. The dollar amount of coverage available on the card shall be the amount elected by the Participant for the Plan Year. The maximum dollar amount of coverage available shall be the maximum amount for the Plan Year as set forth in Section 6.4. (d) Only available for use with certain service providers. The cards shall only be accepted by such merchants and service providers as have been approved by the Administrator following IRS guidelines. (e) Card use. The cards shall only be used for Medical Expense purchases at these providers, including, but not limited to, the following: (1) Co-payments for doctor and other medical care; (2) Purchase of drugs prescribed by a health care provider, including, if permitted by the Administrator, over-the- counter medications as allowed under IRS regulations; (3) Purchase of medical items such as eyeglasses, syringes, crutches, etc. (f) Substantiation. Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a service provider describing the service, the date and the amount. The Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall be conditional pending confirmation and substantiation. 7.k.a Packet Pg. 293 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 12 (g) Correction methods. If such purchase is later determined by the Administrator to not qualify as a Medical Expense, the Administrator, in its discretion, shall use one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. (1) Repayment of the improper amount by the Participant; (2) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; (3) Claims substitution or offset of future claims until the amount is repaid; and (4) if subsections (1) through (3) fail to recover the amount, consistent with the Employer's business practices, the Employer may treat the amount as any other business indebtedness. ARTICLE VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 7.1 ESTABLISHMENT OF ACCOUNT This Dependent Care Flexible Spending Account is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of Employment-Related Dependent Care Expenses. All amounts reimbursed shall be paid from amounts allocated to the Participant's Dependent Care Flexible Spending Account. 7.2 DEFINITIONS For the purposes of this Article and the Cafeteria Plan the terms below shall have the following meaning: (a) "Dependent Care Flexible Spending Account" means the account established for a Participant pursuant to this Article to which part of his Cafeteria Plan Benefit Dollars may be allocated and from which Employment-Related Dependent Care Expenses of the Participant may be reimbursed for the care of the Qualifying Dependents of Participants. (b) "Earned Income" means earned income as defined under Code Section 32(c)(2), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participant. (c) "Employment-Related Dependent Care Expenses" means the amounts paid for expenses of a Participant for those services which if paid by the Participant would be considered employment related expenses under Code Section 21(b)(2). Generally, they shall include expenses for household services and for the care of a Qualifying Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Qualifying Dependents with respect to such Participant. Employment-Related Dependent Care Expenses are treated as having been incurred when the Participant's Qualifying Dependents are provided with the dependent care that gives rise to the Employment-Related Dependent Care Expenses, not when the Participant is formally billed or charged for, or pays for the dependent care. The determination of whether an amount qualifies as an Employment-Related Dependent Care Expense shall be made subject to the following rules: (1) If such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment-Related Dependent Care Expenses only if incurred for a Qualifying Dependent as defined in Section 7.2(d)(1) (or deemed to be, as described in Section 7.2(d)(1) pursuant to Section 7.2(d)(3)), or for a Qualifying Dependent as defined in Section 7.2(d)(2) (or deemed to be, as described in Section 7.2(d)(2) pursuant to Section 7.2(d)(3)) who regularly spends at least 8 hours per day in the Participant's household; (2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than 6 individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment-Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a Dependent of such Participant or such Participant's Spouse. (d) "Qualifying Dependent" means, for Dependent Care Flexible Spending Account purposes, (1) a Participant's Dependent (as defined in Code Section 152(a)(1)) who has not attained age 13; (2) a Dependent or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and has the same principal place of abode as the Participant for more than one-half of such taxable year; or 7.k.a Packet Pg. 294 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 13 (3) a child that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). (e) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Flexible Spending Account. 7.3 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS The Administrator shall establish a Dependent Care Flexible Spending Account for each Participant who elects to apply Cafeteria Plan Benefit Dollars to Dependent Care Flexible Spending Account benefits. 7.4 INCREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be increased each pay period by the portion of Cafeteria Plan Benefit Dollars that he has elected to apply toward his Dependent Care Flexible Spending Account pursuant to elections made under Article V hereof. 7.5 DECREASES IN DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS A Participant's Dependent Care Flexible Spending Account shall be reduced by the amount of any Employment-Related Dependent Care Expense reimbursements paid or incurred on behalf of a Participant pursuant to Section 7.12 hereof. 7.6 ALLOWABLE DEPENDENT CARE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Flexible Spending Account, a Participant who incurs Employment-Related Dependent Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he is a Participant. 7.7 ANNUAL STATEMENT OF BENEFITS On or before January 31st of each calendar year, the Employer shall furnish to each Employee who was a Participant and received benefits under Section 7.6 during the prior calendar year, a statement of all such benefits paid to or on behalf of such Participant during the prior calendar year. This statement is set forth on the Participant's Form W-2. 7.8 FORFEITURES The amount in a Participant's Dependent Care Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. 7.9 LIMITATION ON PAYMENTS (a) Code limits. Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Flexible Spending Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)). 7.10 NONDISCRIMINATION REQUIREMENTS (a) Intent to be nondiscriminatory. It is the intent of this Dependent Care Flexible Spending Account that contributions or benefits not discriminate in favor of the group of employees in whose favor discrimination may not occur under Code Section 129(d). (b) 25% test for shareholders. It is the intent of this Dependent Care Flexible Spending Account that not more than 25 percent of the amounts paid by the Employer for dependent care assistance during the Plan Year will be provided for the class of individuals who are shareholders or owners (or their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more than 5 percent of the stock or of the capital or profits interest in the Employer. (c) Adjustment to avoid test failure. If the Administrator deems it necessary to avoid discrimination or possible taxation to a group of employees in whose favor discrimination may not occur in violation of Code Section 129 it may, but shall not be required to, reject any elections or reduce contributions or non-taxable benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Dependent Care Flexible Spending Account by the affected Participant that elected to contribute the highest amount to such account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section are satisfied, or until the amount designated for the account equals the amount designated for the account of the affected 7.k.a Packet Pg. 295 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 14 Participant who has elected the second highest contribution to the Dependent Care Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited. 7.11 COORDINATION WITH CAFETERIA PLAN All Participants under the Cafeteria Plan are eligible to receive Benefits under this Dependent Care Flexible Spending Account. The enrollment and termination of participation under the Cafeteria Plan shall constitute enrollment and termination of participation under this Dependent Care Flexible Spending Account. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Cafeteria Plan. 7.12 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT CLAIMS The Administrator shall direct the payment of all such Dependent Care claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. However, in the Administrator's discretion, payments may be made directly to the service provider. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. At a minimum, the form shall include a statement from an independent third party as proof that the expense has been incurred during the Plan Year and the amount of such expense. In addition, the Administrator may require that each Participant who desires to receive reimbursement under this Program for Employment-Related Dependent Care Expenses submit a statement which may contain some or all of the following information: (a) The Dependent or Dependents for whom the services were performed; (b) The nature of the services performed for the Participant, the cost of which he wishes reimbursement; (c) The relationship, if any, of the person performing the services to the Participant; (d) If the services are being performed by a child of the Participant, the age of the child; (e) A statement as to where the services were performed; (f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; (g) If the services were being performed in a day care center, a statement: (1) that the day care center complies with all applicable laws and regulations of the state of residence, (2) that the day care center provides care for more than 6 individuals (other than individuals residing at the center), and (3) of the amount of fee paid to the provider. (h) If the Participant is married, a statement containing the following: (1) the Spouse's salary or wages if he or she is employed, or (2) if the Participant's Spouse is not employed, that (i) he or she is incapacitated, or (ii) he or she is a full-time student attending an educational institution and the months during the year which he or she attended such institution. (i) Claims for reimbursement. If a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for reimbursement must be submitted within 90 days after termination of employment. 7.13 DEBIT AND CREDIT CARDS Participants may, subject to a procedure established by the Administrator and applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value) cards ("cards") provided by the Administrator and the Plan for payment of Employment-Related Dependent Care Expenses, subject to the following terms: (a) Card only for dependent care expenses. Each Participant issued a card shall certify that such card shall only be used for Employment-Related Dependent Care Expenses. The Participant shall also certify that any Employment-Related Dependent Care Expense paid with the card has not already been reimbursed by any other plan covering dependent care benefits and that the Participant will not seek reimbursement from any other plan covering dependent care benefits. 7.k.a Packet Pg. 296 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 15 (b) Card issuance. Such card shall be issued upon the Participant's Effective Date of Participation and reissued for each Plan Year the Participant remains a Participant in the Dependent Care Flexible Spending Account. Such card shall be automatically cancelled upon the Participant's death or termination of employment, or if such Participant has a change in status that results in the Participant's withdrawal from the Dependent Care Flexible Spending Account. (c) Only available for use with certain service providers. The cards shall only be accepted by such service providers as have been approved by the Administrator. The cards shall only be used for Employment-Related Dependent Care Expenses from these providers. (d) Substantiation. Such purchases by the cards shall be subject to substantiation by the Administrator, usually by submission of a receipt from a service provider describing the service, the date and the amount. The Administrator shall also follow the requirements set forth in Revenue Ruling 2003-43 and Notice 2006-69. All charges shall be conditional pending confirmation and substantiation. (e) Correction methods. If such purchase is later determined by the Administrator to not qualify as an Employment-Related Dependent Care Expense, the Administrator, in its discretion, shall use one of the following correction methods to make the Plan whole. Until the amount is repaid, the Administrator shall take further action to ensure that further violations of the terms of the card do not occur, up to and including denial of access to the card. (1) Repayment of the improper amount by the Participant; (2) Withholding the improper payment from the Participant's wages or other compensation to the extent consistent with applicable federal or state law; (3) Claims substitution or offset of future claims until the amount is repaid; and (4) if subsections (1) through (3) fail to recover the amount, consistent with the Employer's business practices, the Employer may treat the amount as any other business indebtedness. ARTICLE VIII BENEFITS AND RIGHTS 8.1 CLAIM FOR BENEFITS (a) Insurance claims. Any claim for Benefits underwritten by Insurance Contract(s) shall be made to the Insurer. If the Insurer denies any claim, the Participant or beneficiary shall follow the Insurer's claims review procedure. (b) Dependent Care Flexible Spending Account or Health Flexible Spending Account claims. Any claim for Dependent Care Flexible Spending Account or Health Flexible Spending Account Benefits shall be made to the Administrator. For the Health Flexible Spending Account, if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for the reimbursement of Medical Expenses must be submitted within 90 days after termination of employment. For the Dependent Care Flexible Spending Account, if a Participant fails to submit a claim within 90 days after the end of the Plan Year, those claims shall not be considered for reimbursement by the Administrator. However, if a Participant terminates employment during the Plan Year, claims for reimbursement must be submitted within 90 days after termination of employment. If the Administrator denies a claim, the Administrator may provide notice to the Participant or beneficiary, in writing, within 90 days after the claim is filed unless special circumstances require an extension of time for processing the claim. The notice of a denial of a claim shall be written in a manner calculated to be understood by the claimant and shall set forth: (1) specific references to the pertinent Plan provisions on which the denial is based; (2) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation as to why such information is necessary; and (3) an explanation of the Plan's claim procedure. (c) Appeal. Within 60 days after receipt of the above material, the claimant shall have a reasonable opportunity to appeal the claim denial to the Administrator for a full and fair review. The claimant or his duly authorized representative may: (1) request a review upon written notice to the Administrator; (2) review pertinent documents; and (3) submit issues and comments in writing. 7.k.a Packet Pg. 297 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 16 (d) Review of appeal. A decision on the review by the Administrator will be made not later than 60 days after receipt of a request for review, unless special circumstances require an extension of time for processing (such as the need to hold a hearing), in which event a decision should be rendered as soon as possible, but in no event later than 120 days after such receipt. The decision of the Administrator shall be written and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the pertinent Plan provisions on which the decision is based. (e) Forfeitures. Any balance remaining in the Participant's Health Flexible Spending Account (excluding any carryover) or Dependent Care Flexible Spending Account as of the end of the time for claims reimbursement for each Plan Year shall be forfeited and deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or Section 7.8, whichever is applicable, unless the Participant had made a claim for such Plan Year, in writing, which has been denied or is pending; in which event the amount of the claim shall be held in his account until the claim appeal procedures set forth above have been satisfied or the claim is paid. If any such claim is denied on appeal, the amount held beyond the end of the Plan Year shall be forfeited and credited to the benefit plan surplus. 8.2 APPLICATION OF BENEFIT PLAN SURPLUS Any forfeited amounts credited to the benefit plan surplus by virtue of the failure of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but need not be, separately accounted for after the close of the Plan Year (or after such further time specified herein for the filing of claims) in which such forfeitures arose. In no event shall such amounts be carried over to reimburse a Participant for expenses incurred during a subsequent Plan Year for the same or any other Benefit available under the Plan (excepting any carryover); nor shall amounts forfeited by a particular Participant be made available to such Participant in any other form or manner, except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall be used to defray any administrative costs and experience losses or used to provide additional benefits under the Plan. No amounts attributable to the Health Savings Account shall be subject to the benefit plan surplus. ARTICLE IX ADMINISTRATION 9.1 PLAN ADMINISTRATION The Employer shall be the Administrator, unless the Employer elects otherwise. The Employer may appoint any person, including, but not limited to, the Employees of the Employer, to perform the duties of the Administrator. Any person so appointed shall signify acceptance by filing acceptance in writing (or such other form as acceptable to both parties) with the Employer. Upon the resignation or removal of any individual performing the duties of the Administrator, the Employer may designate a successor. If the Employer elects, the Employer shall appoint one or more Administrators. Any person, including, but not limited to, the Employees of the Employer, shall be eligible to serve as an Administrator. Any person so appointed shall signify acceptance by filing acceptance in writing (or such other form as acceptable to both parties) with the Employer. An Administrator may resign by delivering a resignation in writing (or such other form as acceptable to both parties) to the Employer or be removed by the Employer by delivery of notice of removal (in writing or such other form as acceptable to both parties), to take effect at a date specified therein, or upon delivery to the Administrator if no date is specified. The Employer shall be empowered to appoint and remove the Administrator from time to time as it deems necessary for the proper administration of the Plan to ensure that the Plan is being operated for the exclusive benefit of the Employees entitled to participate in the Plan in accordance with the terms of the Plan and the Code. The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full power and discretion to administer the Plan in all of its details and determine all questions arising in connection with the administration, interpretation, and application of the Plan. The Administrator may establish procedures, correct any defect, supply any information, or reconciles any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the Plan. The Administrator shall have all powers necessary or appropriate to accomplish the Administrator's duties under the Plan. The Administrator shall be charged with the duties of the general administration of the Plan as set forth under the Plan, including, but not limited to, in addition to all other powers provided by this Plan: (a) To make and enforce such procedures, rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; (b) To interpret the provisions of the Plan, the Administrator's interpretations thereof in good faith to be final and conclusive on all persons claiming benefits by operation of the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive benefits provided by operation of the Plan; (d) To reject elections or to limit contributions or Benefits for certain highly compensated participants if it deems such to be desirable in order to avoid discrimination under the Plan in violation of applicable provisions of the Code; 7.k.a Packet Pg. 298 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 17 (e) To provide Employees with a reasonable notification of their benefits available by operation of the Plan and to assist any Participant regarding the Participant's rights, benefits or elections under the Plan; (f) To keep and maintain the Plan documents and all other records pertaining to and necessary for the administration of the Plan; (g) To review and settle all claims against the Plan, to approve reimbursement requests, and to authorize the payment of benefits if the Administrator determines such shall be paid if the Administrator decides in its discretion that the applicant is entitled to them. This authority specifically permits the Administrator to settle disputed claims for benefits and any other disputed claims made against the Plan; (h) To appoint such agents, counsel, accountants, consultants, and other persons or entities as may be required to assist in administering the Plan. Any procedure, discretionary act, interpretation or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 125 and the Treasury regulations thereunder. 9.2 EXAMINATION OF RECORDS The Administrator shall make available to each Participant, Eligible Employee and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours. 9.3 PAYMENT OF EXPENSES Any reasonable administrative expenses shall be paid by the Employer unless the Employer determines that administrative costs shall be borne by the Participants under the Plan or by any Trust Fund which may be established hereunder. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of highly compensated employees. 9.4 INSURANCE CONTROL CLAUSE In the event of a conflict between the terms of this Plan and the terms of an Insurance Contract of an independent third party Insurer whose product is then being used in conjunction with this Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become insured, if any, the benefits Participants are entitled to and the circumstances under which insurance terminates. 9.5 INDEMNIFICATION OF ADMINISTRATOR The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs and expenses (including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is in good faith. ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of modifying any benefit election of any Participant in effect at the time of such amendment, unless such amendment is made to comply with Federal, state or local laws, statutes or regulations. 10.2 TERMINATION The Employer reserves the right to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made. Benefits under any Insurance Contract shall be paid in accordance with the terms of the Insurance Contract. No further additions shall be made to the Health Flexible Spending Account or Dependent Care Flexible Spending Account, but all payments from such fund shall continue to be made according to the elections in effect until 90 days after the termination date of the Plan. Any amounts remaining in any such fund or account as of the end of such period shall be forfeited and deposited in the benefit plan surplus after the expiration of the filing period. 7.k.a Packet Pg. 299 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 18 ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 11.12. 11.2 GENDER, NUMBER AND TENSE Wherever any words are used herein in one gender, they shall be construed as though they were also used in all genders in all cases where they would so apply; whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply; and whenever any words are used herein in the past or present tense, they shall be construed as though they were also used in the other form in all cases where they would so apply. 11.3 WRITTEN DOCUMENT This Plan, in conjunction with any separate written document which may be required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any Treasury regulations thereunder relating to cafeteria plans. 11.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. 11.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. 11.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 11.7 EMPLOYER'S PROTECTIVE CLAUSES (a) Insurance purchase. Upon the failure of either the Participant or the Employer to obtain the insurance contemplated by this Plan (whether as a result of negligence, gross neglect or otherwise), the Participant's Benefits shall be limited to the insurance premium(s), if any, that remained unpaid for the period in question and the actual insurance proceeds, if any, received by the Employer or the Participant as a result of the Participant's claim. (b) Validity of insurance contract. The Employer shall not be responsible for the validity of any Insurance Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance Contract. Once insurance is applied for or obtained, the Employer shall not be liable for any loss which may result from the failure to pay Premiums to the extent Premium notices are not received by the Employer. 11.8 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such compensation, less any such additional income and Social Security tax actually paid by the Participant. 7.k.a Packet Pg. 300 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 19 11.10 FUNDING Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but may instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account or asset of the Employer from which any payment under the Plan may be made. 11.11 GOVERNING LAW This Plan is governed by the Code and the Treasury regulations issued thereunder (as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the provisions of this Plan shall be construed, enforced and administered according to the laws of the Commonwealth of Virginia. 11.12 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. 11.13 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, enlarge or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. 11.14 CONTINUATION OF COVERAGE (COBRA) Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan subject to the continuation coverage requirement of Code Section 4980B becomes unavailable, each Participant will be entitled to continuation coverage as prescribed in Code Section 4980B, and related regulations. This Section shall only apply if the Employer employs at least twenty (20) employees on more than 50% of its typical business days in the previous calendar year. 11.15 FAMILY AND MEDICAL LEAVE ACT (FMLA) Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan becomes subject to the requirements of the Family and Medical Leave Act and regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3. 11.16 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in accordance with HIPAA and regulations thereunder. 11.17 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with the Uniform Services Employment And Reemployment Rights Act (USERRA) and the regulations thereunder. 11.18 COMPLIANCE WITH HIPAA PRIVACY STANDARDS (a) Application. If any benefits under this Cafeteria Plan are subject to the Standards for Privacy of Individually Identifiable Health Information (45 CFR Part 164, the "Privacy Standards"), then this Section shall apply. (b) Disclosure of PHI. The Plan shall not disclose Protected Health Information to any member of the Employer's workforce unless each of the conditions set out in this Section are met. "Protected Health Information" shall have the same definition as set forth in the Privacy Standards but generally shall mean individually identifiable information about the past, present or future physical or mental health or condition of an individual, including genetic information and information about treatment or payment for treatment. (c) PHI disclosed for administrative purposes. Protected Health Information disclosed to members of the Employer's workforce shall be used or disclosed by them only for purposes of Plan administrative functions. The Plan's administrative functions shall include all Plan payment functions and health care operations. The terms "payment" and "health care operations" shall have the same definitions as set out in the Privacy Standards, but the term "payment" generally shall mean activities taken to determine or fulfill Plan responsibilities with respect to eligibility, coverage, provision of benefits, or reimbursement for health care. Protected Health Information that consists of genetic information will not be used or disclosed for underwriting purposes. (d) PHI disclosed to certain workforce members. The Plan shall disclose Protected Health Information only to members of the Employer's workforce who are designated and authorized to receive such Protected Health Information, and only 7.k.a Packet Pg. 301 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 20 to the extent and in the minimum amount necessary for that person to perform his or her duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all employees and other persons under the control of the Employer. The Employer shall keep an updated list of those authorized to receive Protected Health Information. (1) An authorized member of the Employer's workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his or her duties with respect to the Plan. (2) In the event that any member of the Employer's workforce uses or discloses Protected Health Information other than as permitted by this Section and the Privacy Standards, the incident shall be reported to the Plan's privacy official. The privacy official shall take appropriate action, including: (i) investigation of the incident to determine whether the breach occurred inadvertently, through negligence or deliberately; whether there is a pattern of breaches; and the degree of harm caused by the breach; (ii) appropriate sanctions against the persons causing the breach which, depending upon the nature of the breach, may include oral or written reprimand, additional training, or termination of employment; (iii) mitigation of any harm caused by the breach, to the extent practicable; and (iv) documentation of the incident and all actions taken to resolve the issue and mitigate any damages. (e) Certification. The Employer must provide certification to the Plan that it agrees to: (1) Not use or further disclose the information other than as permitted or required by the Plan documents or as required by law; (2) Ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the Plan, agrees to the same restrictions and conditions that apply to the Employer with respect to such information; (3) Not use or disclose Protected Health Information for employment-related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer; (4) Report to the Plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures permitted by this Section, or required by law; (5) Make available Protected Health Information to individual Plan members in accordance with Section 164.524 of the Privacy Standards; (6) Make available Protected Health Information for amendment by individual Plan members and incorporate any amendments to Protected Health Information in accordance with Section 164.526 of the Privacy Standards; (7) Make available the Protected Health Information required to provide an accounting of disclosures to individual Plan members in accordance with Section 164.528 of the Privacy Standards; (8) Make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from the Plan available to the Department of Health and Human Services for purposes of determining compliance by the Plan with the Privacy Standards; (9) If feasible, return or destroy all Protected Health Information received from the Plan that the Employer still maintains in any form, and retain no copies of such information when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and (10) Ensure the adequate separation between the Plan and members of the Employer's workforce, as required by Section 164.504(f)(2)(iii) of the Privacy Standards and set out in (d) above. 11.19 COMPLIANCE WITH HIPAA ELECTRONIC SECURITY STANDARDS Under the Security Standards for the Protection of Electronic Protected Health Information (45 CFR Part 164.300 et. seq., the "Security Standards"): (a) Implementation. The Employer agrees to implement reasonable and appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of Electronic Protected Health Information that the Employer creates, maintains or transmits on behalf of the Plan. "Electronic Protected Health Information" shall have the same definition as set out in the Security Standards, but generally shall mean Protected Health Information that is transmitted by or maintained in electronic media. 7.k.a Packet Pg. 302 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 21 (b) Agents or subcontractors shall meet security standards. The Employer shall ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information shall agree, in writing, to implement reasonable and appropriate security measures to protect the Electronic Protected Health Information. (c) Employer shall ensure security standards. The Employer shall ensure that reasonable and appropriate security measures are implemented to comply with the conditions and requirements set forth in Section 11.18. 11.20 MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental Health Parity and Addiction Equity Act. 11.21 GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Genetic Information Nondiscrimination Act. 11.22 WOMEN'S HEALTH AND CANCER RIGHTS ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Women's Health and Cancer Rights Act of 1998. 11.23 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Newborns' and Mothers' Health Protection Act. 7.k.a Packet Pg. 303 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. 22 IN WITNESS WHEREOF, this Plan document is hereby executed this day of . Pittsylvania County Government By EMPLOYER 7.k.a Packet Pg. 304 Attachment: 2019-11-03 Adopting Resolution - Mark III (1824 : Resolution # 2019-11-03; Adopting Resolution; Mark III (Staff Contact: Holly E. Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Shields Resolution Presentation (Presenter: Delegate Les R. Adams) Staff Contact(s): Delegate Adams Agenda Date: November 19, 2019 Item Number: 8.a Attachment(s): House Resolution 4003 Reviewed By: The Honorable Les R. Adams, Delegate, will present House Resolution No. 4003, Celebrating the life of Edwin Randolph Shields. 8.a Packet Pg. 305 2019 SPECIAL SESSION I ENROLLED HOUSE RESOLUTION NO.4003 Celebrating the life of Edwin Randolph Shields. Agreed to by the House of Delegates,July 9,2019 WHEREAS,Edwin Randolph Shields,a respected farmer,businessman,and member of the Pittsylvania County Board of Supervisors who dedicated his life to community service,died on June 3, 2019;and WHEREAS,Edwin Shields lived in Dry Fork for more than 65 years,earning the admiration of his fellow residents for his skill as a tobacco farmer;he also worked as a property developer and oversaw the creation of several new subdivisions in the area;and WHEREAS,desirous to be of further service to the community,Edwin Shields ran for and was elected to the Pittsylvania County Board of Supervisors in 1972 and represented the residents of the Blairs district for 19 years;and WHEREAS,among his many achievements in service to the residents of Pittsylvania County,Edwin Shields helped increase water and sewer access for homes and businesses in the Blairs district and was instrumental in the expansion of the county courthouse,which was renamed in his honor;and WHEREAS,Edwin Shields volunteered his wise leadership to Carter Masonic Lodge No.323, Mount Hermon Volunteer Fire and Rescue,and White Oak Community Center;and WHEREAS,a man of deep and abiding faith,Edwin Shields enjoyed fellowship and worship with the community as a member of Oakland United Methodist Church for more than 65 years,including 49 years as a member of the church's administrative council board;and WHEREAS,Edwin Shields will be fondly remembered and greatly missed by his wife of 63 years, Joan;his sons,Denny and Bryan,and their families;and numerous other family members and friends; now,therefore,be it RESOLVED,That the House of Delegates hereby note with great sadness the loss of Edwin Randolph Shields;and,be it RESOLVED FURTHER,That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to the family of Edwin Randolph Shields as an expression of the House of Delegates' respect for his memory.ENROLLEDHR4003ER8.a.a Packet Pg. 306 Attachment: House Resolution 4003 (1817 : Shields Resolution Presentation (Presenter Delegate Les R. Adams)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Annual Report; Danville-Pittsylvania Community Services (Presenter: Kimberly G. Van Der Hyde) Staff Contact(s): David M. Smitherman Agenda Date: November 19, 2019 Item Number: 8.b Attachment(s): Reviewed By: Kimberly G. Van Der Hyde, Finance Director and Danville-Pittsylvania Community Services (“DPCS”) Board Member, will present the DPCS’ Annual Report. Jim Bebeau, DPCS’ Executive Director, will also be in attendance and available to answer questions. 8.b Packet Pg. 307 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-19-032; Sarah Wilson Smith; Tunstall Election District; A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Contact: Supervisor Barber) Staff Contact(s): Gregory L. Sides Agenda Date: November 19, 2019 Item Number: 10.A.1 Attachment(s): SMITH - CASE R-19-032 SMITH - CASE R-19-032 MAP (2) Reviewed By: SUMMARY: In Case R-19-032, Sarah Wilson Smith, Petitioner, has petitioned to rezone 0.213 of an acre from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with the adjacent parcel of land zoned R-1). The parcel is located on Cascade Road in the Tunstall Election District. Once the property is rezoned, all uses listed under Pittsylvania County Code § 35-222 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.1 Packet Pg. 308 10.A.1.a Packet Pg. 309 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 310 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 311 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 312 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 313 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 314 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 315 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 316 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 317 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 318 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) 10.A.1.a Packet Pg. 319 Attachment: SMITH - CASE R-19-032 (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Wilson Smith) Legend Assessed Parcels Parcel ID Number Parcels Address Points Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: SMITH - CASE R-19-032 Date: 9/16/2019 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.1.b Packet Pg. 320 Attachment: SMITH - CASE R-19-032 MAP (2) (1807 : Public Hearing: Rezoning Case R-19-032 Sarah Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: November 19, 2019 Item Number: 10.B.1 Attachment(s): 11-19-2019 Public Hearing Notice - Removal of Chapters 27 and 31 Chapter 27 removal Chapter 31 removal Reviewed By: SUMMARY: Due to the recent adoption of the new Public Safety Ordinance (Pittsylvania County Code (“PCC”), Chapter 11), Chapters 27 and 31 of the PCC are now redundant and should be removed from the PCC. This Public Hearing was advertised in the Chatham Star Tribune on November 6, 2019, and November 13, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following conducting the legal required Public Hearing, County Staff recommends approving the removal of PCC Chapters 27 and 31. MOTION: “I make a Motion approving the removal of Chapters 27 and 31 from the Pittsylvania County Code.” 10.B.1 Packet Pg. 321 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, November 19, 2019, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on the potential removal of Chapter 27 Outdoor Burning, and Chapter 31 Fire Prevention-Emergency Ambulance Service, of the Pittsylvania County Code. The full text of the proposed revisions is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.1.a Packet Pg. 322 Attachment: 11-19-2019 Public Hearing Notice - Removal of Chapters 27 and 31 (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff PITTSYLVANIA COUNTY CODE CHAPTER 27 OUTDOOR BURNING § 27.1. Outdoor Burning of Wood, Brush, Etc. § 27.2. Severability of Parts of Article § 27.3. Repealed § 27.4. Effective Date § 27.5. Inclusion in Code of Ordinances ENTIRE CHAPTER TO BE REMOVED10.B.1.b Packet Pg. 323 Attachment: Chapter 27 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) AN ORDINANCE OF THE COUNTY OF PITTSYLVANIA, VIRGINIA PROVIDING THAT THE CODE OF ORDINANCES, COUNTY OF PITTSYLVANIA, VIRGINIA, BE AMENDED BY ADDING A SECTION PROVIDING FOR RESTRICTING THE OUTDOOR BURNING OF WOODS, BRUSH, ETC. Be it ordained be the Board of Supervisors of Pittsylvania County, Virginia as follows: THAT THE CODE OF ARTICLES OF THE COUNTY OF PITTSYLVANIA AMENDED BY ADDING AN ARTICLE TO READ AS FOLLOWS: SEC. 27.1. OUTDOOR BURNING OF WOODS, BRUSH, ETC. 1. It shall be unlawful for any person to set fire to, or procure another to set fire to any woods, brush, logs, leaves, grass debris, or other flammable material within the boundaries if of Pittsylvania County, Virginia, when a declaration of emergency is issued. 2.. The Director of Emergency Management (Chairman of the Board of Supervisors) and the Deputy Director of Emergency Management (County Administrator) or in his absence the Coordinator of Emergency Management (Department Director of Emergency Management and Communications), after consultation with the Virginia Department of Forestry, shall have the authority to issue a declaration of emergency when, in their opinion, continued dry weather conditions require the issuance of such a declaration 3. Once a declaration of emergency is issued shall be implemented by the Coordinator of Emergency Management and remain in effect until terminated by action of the Board, or terminated by the Director of Emergency Management and the Deputy Director of Emergency Management. 4. During the period of declared emergency, in order to avoid hardship or to promote the public welfare, exceptions to this ordinance may be granted by special permit issued by the Deputy Director of Emergency Management or in his absence the Coordinator of Emergency Management upon good cause shown; provided, however that no such special permit shall be issued until consultation with the Virginia Department of Forestry and determined that issuance of said special permit will not create a serious fire hazard. Said Deputy Director shall notify the holder of such permit that he mush still comply with all State Forest Fire Laws and Regulations. Said Deputy Director shall deliver a copy of any such special permit, as soon as practicable to the Pittsylvania County Sheriff’s Office and the County’s 911 Center and the Virginia Department of Forestry. 5. Any forest management burns conducted under the supervision of the Virginia Department of Forestry, or approved by the Virginia Department of Forestry shall be exempt from this ordinance. 10.B.1.b Packet Pg. 324 Attachment: Chapter 27 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) 6. Violations of this ordinance shall be a Class 3 misdemeanor and punished according to Section 15.2-1429 of the Code of Virginia 1950, as amended. SEC. 27.2 . SEVERABILITY OF PARTS OF ARTICLE. If any part, section, subsection, sentence, clause or phrase of this Article is, for any reason, declared to be unconstitutional or invalid be a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. SEC. 27.3. REPEALED. All Articles or portion or articles in conflict with this Article are hereby repealed to the extent of their conflict. SEC. 27. 4. EFFECTIVE DATE. This Article shall be effective on and after 12:01 O’clock a.m. on August 17, 1988. SEC. 27. 5. INCLUSION IN CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Pittsylvania, Virginia as an addition thereto, and shall be appropriately renumbered, as required, to conform to the uniform numbering system of the code. Adopted by the Board of Supervisors on March 19, 2002. 10.B.1.b Packet Pg. 325 Attachment: Chapter 27 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) PITTSYLVANIA COUNTY CODE CHAPTER 31 FIRE PREVENTION / EMERGENCY AMBULANCE SERVICE § 31-1. Fire Prevention Code § 31-2. Officially Recognized Volunteer Fire Departments in the County § 31-2a. Officially Recognized Volunteer Rescue Squads Operating within the County § 31-3. Junior Fire Fighter Program § 31-3.1 Service Fee for Emergency Ambulance Transport ENTIRE CHAPTER TO BE REMOVED 10.B.1.c Packet Pg. 326 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) CHAPTER 31 Fire Prevention/Emergency Ambulance Service SEC. 31-1. FIRE PREVENTION CODE PURSUANT TO CHAPTER 9 OF TITLE 27, CODE OF VIRGINIA, 1950, AN ORDINANCE AUTHORIZING THE FIRE MARSHAL DEPARTMENT TO ENFORCE THE PROVISIONS OF “THE STATEWIDE FIRE PREVENTION CODE” This ordinance may be known and referred to as the Pittsylvania County Fire Prevention Code. SEC. 31-1.1 OFFICIAL ACTION. NOW THEREFORE BE IT ORDAINED, by the Board of Supervisors of Pittsylvania County, the Fire Marshal Department is hereby designated to act as the enforcing agency for the enforcement of “The Statewide Fire Prevention Code” duly adopted by the Virginia Board of Housing and Community Development under authority of 27-97, Code of Virginia, 1950, as amended. SEC. 31-1.2 ENFORCEMENT. The enforcement procedures of “The Statewide Fire Prevention Code” shall be instituted by the fire official and administered in accordance with the provisions set forth in the "Statewide Fire Prevention Code" and Section Four. SEC. 31-1.3 APPEALS. The Pittsylvania County Building Board of Appeals is hereby designated as the appeals board to hear appeals arising from the application of the provisions of “The Statewide Fire Prevention Code.” SEC. 31-1.4 ADMINISTRATIVE PRACTICES. The fire official shall establish such procedures or requirements as may be necessary for administration and enforcement of this ordinance. The procedures are to be approved by the Board of Supervisors. SEC. 31-1.5 EFFECTIVE DATE This ordinance shall become effective at 12:01 A. M., following the date of its adoption. Adopted: January 17, 1989 SEC. 31-1.6 FIRE INSPECTION FEES. The fire official, or his/her designee, shall have the ability to charge and collect fire inspection fees. A schedule of said fire inspection fees shall be established annually by the Board of Supervisors, or its designee. (B.S.M. 6-19-12) 10.B.1.c Packet Pg. 327 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) SEC. 31-2. OFFICIALLY RECOGNIZED VOLUNTEER FIRE DEPARTMENTS IN THE COUNTY. A. Be it hereby ordained by the Board of Supervisors of Pittsylvania County that the Pittsylvania County Code of 1975 be amended to include a Subsection 31.2, entitled “OFFICIALLY RECOGNIZED VOLUNTEER FIRE DEPARTMENTS IN THE COUNTY.” B. Pursuant to the authority of Section 27.14 of the Code of Virginia, 1950, as amended, the Board of Supervisors of Pittsylvania County recognizes the following Volunteer Fire Departments as Official Volunteer Fire Departments servicing the County: 1. Bachelors Hall Volunteer Fire Department. 2. Blairs Volunteer Fire Department. 3. Brosville Community Volunteer Fire Department. 4. Callands Volunteer Fire Department. 5. Chatham Volunteer Fire Department. 6. Climax Volunteer Fire Department. 7. Cool Branch Volunteer Fire Company, Incorporated. 8. Gretna Volunteer Fire Department. 9. Hurt Volunteer Fire Department. 10. Laurel Grove Volunteer Fire Department. 11. Mt. Cross Volunteer Fire Department. 12. Mt. Hermon Volunteer Fire Department. 13. Renan Volunteer Fire Department. 14. Riceville-Java Volunteer Fire Department. 15. Ringgold Volunteer Fire Department and Rescue Squad. 16. Smith Mountain Lake Marina Volunteer Fire Department. 17. Tunstall Volunteer Fire Department. 10.B.1.c Packet Pg. 328 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) 18. River Bend Volunteer Fire Department. 19. Dry Fork Volunteer Fire Department (B.S.M. 11/21/95) 20. Cascade Volunteer Fire Department (B.S.M. 4-18-00) 21. Keeling Volunteer Fire Department (B.S.M. 9-5-00) 22. Kentuck Volunteer Fire Department (B.S.M. 9-5-00) C. These departments will be eligible for expenditure reimbursements based on the policies and guidelines as may from time to time be established, amended or rescinded by the Board of Supervisors, and included in the annual budget. D. These departments will be recognized individually and the County will contribute a local match in operating funds to each recognized department dollar for dollar not to exceed fifteen hundred ($1,500) for each department, subject to actual, annual or more frequent appropriations as may be approved by the Board of Supervisors. Nothing herein contained shall be deemed a continuing obligation or commitment nor does the Board of Supervisors have or maintain any involvement with the operation, ownership or management of any such fire department on said list or hereafter recognized. Provided further that if any such fire department shall fail to maintain its corporate status of otherwise fail to comply with any regulations, guidelines or policies of the Board of Supervisors or for other good cause the Board shall deem sufficient, the name may be stricken from the approved list by a majority vote of the Board of Supervisors. (B.S.M. 9-7-82) SEC. 31-2a. OFFICIALLY RECOGNIZED VOLUNTEER RESCUE SQUADS OPERATING WITHIN THE COUNTY. A. Be it ordained by the Board of Supervisors of Pittsylvania County that the Pittsylvania County Code of 1975 be amended to include a subsection 31.2 (a) entitled “Officially Recognized Volunteer Rescue Squads Operating within the County.” B. There shall be hereby authorized the following rescue squads operating within the jurisdictional boundaries of Pittsylvania County serving the areas approved in their State Charter. C. The Board of Supervisors may fund, annually, or from time to time, contributions to assist these rescue squads to provide emergency medical service to the County. 1. Danville Life Saving and First Aid Crew. 2. Chatham Rescue Squad, Incorporated. 3. Gretna Rescue Squad, Incorporated. 10.B.1.c Packet Pg. 329 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) 4. Route 640 Rescue Squad. 5. Altavista Life Saving Crew, Incorporated. 6. 50% Service Area, Hurt Rescue Squad. 7. Cool Branch Volunteer Rescue Squad. 8. Laurel Grove Fire & Rescue Service (B.S.M. 2-3-92) 9. Blairs Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 10. Brosville Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 11. Callands Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 12. Mt. Cross Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 13. Mt. Hermon Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 14. Ringgold Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 15. Tunstall Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 16. Cascade Volunteer Fire & Rescue (B.S.M. 5-20-08) 17. North Halifax Fire Department (B.S.M. 11-15-11) 18. Bachelors Hall Volunteer Fire Department (B.S.M. 11-19-13) This ordinance shall become effective immediately upon its passage. SEC. 31-3. JUNIOR FIRE FIGHTER PROGRAM. Be it ordained by the Board of Supervisors of Pittsylvania County that the Pittsylvania County Code of 1975, be amended to include a subsection 31.3 entitled “Junior Fire Fighter Program.” A. Pursuant to the authority granted by Section 40.1-79.1, Code of Virginia, 1950, as amended, as the same may be from time to time amended hereafter, the County of Pittsylvania, Virginia does hereby authorize any minor child, sixteen (16) years of age or older, with parental or legal guardian approval, to work with or participate fully in all activities of a Volunteer Fire Company or Department, officially recognized by this chapter, provided such minor has obtained certification under National Fire Protection Association 1001, Level 1, firefighter standards, as administered by the Virginia Department of Fire Programs. 10.B.1.c Packet Pg. 330 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) B. Any trainer or instructor of such minor or any member of a paid or Volunteer Fire Company or Department recognized in this chapter who supervises such minor shall be exempt from the provisions of Section 40.1-103, Code of Virginia, 1950, as amended, as the same may from time to time be amended hereafter, provided the Volunteer Fire Company or Department or the governing body of Pittsylvania County, Virginia has purchased insurance which provides coverage for injuries to or the death of such minor in the performance of activities under this section. C. It is hereby further ordained that the registered Volunteer Fire Department with whom such minor shall participate in firefighter activities shall abide by all Virginia Department of Fire Programs policies for all junior firefighters including: 1. The junior firefighter shall reside in Pittsylvania County, Virginia, and evidence of such residency shall be provided by the junior firefighter and reviewed by a representative of the recognized volunteer fire department. 2. The junior firefighter shall present an original letter signed by his/her parent or legal guardian evidencing the parent or legal guardian’s consent that the junior firefighter participate in activities under this section. 3. The junior firefighter shall have a copy of the current liability insurance policy for junior firefighters. D. Compliance with this Subsection C shall not be required for the trainer, instructor or member of a recognized fire department to be exempt from the provisions of Section 40.1- 103 of the Code of Virginia, 1950, as provided for in Subsection B of this ordinance. (B.S.M. 4-4-05) SEC. 31-3.1 SERVICE FEE FOR EMERGENCY AMBULANCE TRANSPORT. l. Service Fee for Emergency Ambulance Transport Program a. Pursuant to VA Code 32.1-111.14, as amended, it is hereby determined and declared that the exercise of the powers and duties set forth herein are necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. b. Definitions: 1. Permitted Agencies: Those emergency medical service Transport agencies authorized to provide emergency medical services, basic life support and/or advanced life support who are officially recognized in Section 16-2(a), Code of Pittsylvania County. 10.B.1.c Packet Pg. 331 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) 2. Participating Agencies: Those emergency medical service transport agencies who provide basic life support and/or advanced life support recognized as Permitted Agencies in Section 16-2(a), Code of Pittsylvania County and who have entered into a Memorandum of Understanding and have been approved to participate in the Service Fee for Emergency Ambulance Transport Program pursuant to this ordinance. 3. Emergency Medical Transport System: All components of Emergency Medical Transportation available within Pittsylvania County. 4. Basic Life Support (BLS): Services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medical Services (EMS) Educational and Practices Blueprint for the Emergency Medical Technician (EMT)-Basic. 5. Advanced Life Support Level 1 (ALS-1): Services shall be medical treatment or procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National EMS Education and Practice Blueprint. 6. Advanced Life Support Level 2 (ALS-2): Services shall be defined as advanced Life support (ALS) services provided to a patient including any of the following medical procedures: (i) manual defibrillation/cardioversion, (ii) endotrachael intubation, (iii) intra-venous line, (iv) cardiac pacing, (v) chest decompression, (vi) surgical airway or (vii) intraosseous line, and the administration of three (3) or more medications. 7. Ground transport mileage (GTM): Shall be statute mile from the Location of the incident, scene, or center point of a rescue demand zone where an incident scene or address is located, to a hospital or other facility where a patient is transported. (B.S.M. 10-18-11) c. The schedule of rates for emergency ambulance transport services by Permitted Agencies shall be set in accordance with a schedule adopted by resolution by the Fire/Rescue Emergency Medical Services Advisory Committee from time to time. d. The Fire/Rescue Emergency Medical Service Advisory Committee shall adopt appropriate rules and policies for the administration of the charges imposed by this section, including and not limited to payment standards for those persons who demonstrate economic hardship, as established by this ordinance. 2. Fire/Rescue Emergency Medical Service Advisory Committee (EMAC) a. The Board of Supervisors do hereby establish the Fire/Rescue Emergency Medical Service Advisory Board, hereafter referred to as EMAC. 10.B.1.c Packet Pg. 332 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) b. Participating agencies will participate in the County Emergency Medical Revenue Recovery System created by this ordinance to be administered by EMAC. c. EMAC will consist of Five (5) representatives selected from those Participating Agencies, One (1) representative who is an Officer of the Pittsylvania County Fire and Rescue Association, One (1) representative who is a member of local government appointed by the Board of Supervisors, and Two (2) representatives who are ex-officio members representing the local medical community and the emergency communications system, respectively. Each representative shall be entitled to an equal vote to determine matters of policy of EMAC. The five representatives from the Participating Agencies shall be elected by the Emergency Medical Services Transport Agencies who are members of the Pittsylvania County Fire/Rescue Association. The Pittsylvania County Fire/Rescue Association shall adopt written procedures for the election of the representatives to EMAC to be approved by the Board of Supervisors by resolution. The Pittsylvania County Fire and Rescue Association shall adopt a written procedure for the appointment of the one officer of the Pittsylvania County Fire and Rescue Association appointee to EMAC. For the initial EMAC composition, the Pittsylvania County Fire and Rescue Association shall make recommendations to the Board of Supervisors for the appointment of the two members representing the local medical community and the emergency communication system, and upon consideration thereof the Board of Supervisors shall make these appointments to EMAC. Following the creation of EMAC, EMAC shall thereafter make the recommendations to the Board of Supervisors for the two members representing the local medical community and the emergency communication systems, respectively, and the Board of Supervisors shall make those appointments to EMAC following consideration of the recommendation. d. EMAC shall adopt such bi-laws and rules of procedures, as it deems appropriate to govern the conduct of its business. 3. Billing a. EMAC shall determine the appropriate fees to be charged by the Permitted Agencies for emergency medical transport services, including but not limited to BLS, ALS-1, ALS-2, and GTM. EMAC shall give reasonable notice to the public of its intention to adopt and/or modify a fee schedule, and shall cause publication of any fee schedule or modification thereof such that is reasonably available to the public. Non-participating Permitted Agencies are not required to charge for services, but if charges are made, said charges must be consistent with the fee schedule adopted by EMAC and the Ability to Pay Program. 10.B.1.c Packet Pg. 333 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) b. EMAC shall generate a bill for ambulance transports and service performed by all ambulances operated by any Participating Agency. i. All revenues generated by Participating Agencies will be placed in a designated fund within the County Treasury. Revenues in that designated fund will be used only to support and improve the emergency medical services delivery system in Pittsylvania County. ii. Revenues generated by Participating Agencies are non-supplanting. The Board of Supervisors agrees that it is morally obligated to continue to provide no less than their current level of financial support to the Participating Agencies and the overall Emergency Medical Transport System so long as the agencies continue to provide their regular emergency medical services in the County. The distribution by EMAC of any audited, un-obligated funds from the fee-for- service program to the Participating Agencies is in addition to their regular support and in recognition of their participation in the program. iii. EMAC will distribute on monthly basis to the respective Participating Agencies a percentage of the internally audited, un-obligated revenues generated by the fee-for-service program. These funds will be prorated based on the number of calls for service answered by the Participating Agencies and will be used to recruit and retain qualified volunteer EMS responders. An additional percentage of revenues generated by the program will be used to support a paid, staffed, back-up system that will provide 24-hour transport/ALS coverage for unanswered calls. Any remaining revenue will be placed in Capital Improvement Fund to be used to enhance the County’s overall Emergency Medical Transport System. These distributions, when combined with other regular County financial support will not exceed the respective Participating Agency’s cost to provide emergency medical services in Pittsylvania County. The respective distributions shall be made by EMAC based upon its determination of the best interests of the overall Emergency Medical Transport System. (B.S.M. 10-16-12) (B.S.M. 10-03-17) iv. Permitted Agencies may ask EMAC to charge a fee-for-service in their primary response area in adjoining localities. c. Payment of all charges for ambulance services, including evaluation, treatment or ambulance transport, shall be the responsibility of the patient or the parent, guardian, or other legally responsible party in the case of a minor or an individual deemed incompetent. d. Permitted Agencies who wish to participate in and receive revenue under the Service Fee for Emergency Ambulance Transport Program must sign a memorandum of agreement accepting the guidelines set forth in the Ordinance. Only participating agencies shall have access to revenue generated or benefits from billing by Participating Agencies and administered by EMAC. 10.B.1.c Packet Pg. 334 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) e. Permitted Agencies who may wish to participate pursuant to this Ordinance at some future time shall be allowed to do so only after submitting a written request to EMAC. The request will be submitted during the yearly enrollment period from July 1st to December 31st. Agencies requesting to participate will receive no retroactive funding but will receive a distribution based on number of calls answered between the date of enrollment and the close of the fiscal year. f. Participating Agencies who wish to end their participation under the Service Fee for Emergency Ambulance Transport may do so no less than two years from their initial enrollment and will be required to notify EMAC ninety (90) days prior to termination. Agencies that cease to provide transport service or cease to be licensed as an EMS transporting agency by the State of Virginia Office of Emergency Medical Services will be removed from the list of Participating Agencies. Any equipment purchased with funds generated from the revenue recovery program, for agencies terminating their participation in the fee-for-service program, will remain with the agency. g. Equipment purchased with funds generated by funds generated pursuant to the billing procedures authorized by this ordinance shall be titled in the name of the agency for which they are purchased. (B.S.M. 10-18-11) 4. Billing Process a. Patients will fall into one of the following categories for billing purposes: i. Insured through third-party health insurance company, Medicare, Medicaid. The appropriate health insurance carrier will be billed. Any applicable co- payments, co-insurance, deductibles, or other similar payments, will be billed to the patient, except as provided for herein. ii. No third party source of payment. If there is no third party source of payment, a bill is to be sent to the patient transported. If the individual has the financial ability to pay, then payment of the outstanding charges are required, except as otherwise provided for herein. If the patient can demonstrate a financial hardship and qualifies for reduced payments pursuant to section 6 then the patient shall be eligible for a reduction or waiver of the amount of the charges due. 5. Billing Contractor a. EMAC may contract with a third-party for billing and related services. 6. Ability to Pay Program a. When any patient is billed for a transport or copayment pursuant to this Ordinance and because of limited financial resources or assets, a procedure shall be 10.B.1.c Packet Pg. 335 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) established by EMAC for such patient to apply for a reduction or waiver in the charge due. b. EMAC shall establish an ability to pay scale and eligibility criteria for individuals who can demonstrate financial hardship. EMAC shall give reasonable notice to the public of its intention to adopt and/or modify an Ability to Pay Program or criteria for reduced fees or waiver of fees and shall cause publication of any reduced or waived fee criteria such that it is reasonably available to the public. c. The Ability to Pay Program shall establish an equitable fee policy for those situations where the patient is unable to meet the ambulance transport charge because of demonstrated financial hardship. d. A patient representing that there exists a financial hardship will submit information sufficient to determine such hardship. If it is determined that payment of the emergency ambulance transport charges creates a financial hardship, charges due may be reduced or waived according to the scale. 7. Collections a. Billing and collection policies and services will be established by EMAC. No participating agency will accept or receive payment for services rendered to a patient. Adopted by the Board of Supervisors on January 19, 2010. Amended by the Board of Supervisors on October 18, 2011. Amended by the Board of Supervisors on November 15, 2011. Amended by the Board of Supervisors on June 19, 2012. Amended by the Board of Supervisors on October 3, 2017. 10.B.1.c Packet Pg. 336 Attachment: Chapter 31 removal (1820 : Public Hearing: PCC Chapters 27 and 31 Removal (Staff Contact: Christopher C. Slemp)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: November 19, 2019 Item Number: 12.a Attachment(s): FM Global RGG Reviewed By: SUMMARY: The following County Budget Amendments need to be considered for approval and appropriation to the FY2019-2020 County Budget: (a) FM Global Fire Prevention Equipment Grant: Attached is an award letter, along with e-mail correspondence, regarding a recent Grant in the amount of $1,645.00 received from FM Global. These funds will be used to equip the Fire Marshal vehicles with iPads, mobile printers, and mounts to stabilize the equipment in the vehicles. These iPads will be loaded with a Fire Marshal Reporting and Investigation Program to be used in the field during fire investigations. This Grant needs to be appropriated to the Grants Fund and requires no local match. (b) Revitalization for a Greater Gretna (“RGG”) Trail Grant: RGG has been successful in raising funds to construct a walking trail in the Town of Gretna. Mark W. Moore, Director of Parks and Recreation, will manage this Project and the County will serve as fiscal agents of distributing these funds to the appropriate vendors involved in the Project. RGG recently transferred a total of $80,000 to the County to be used for this Project. Attached is documentation confirming this transfer. These funds need to be appropriated to the Grants Fund. The County will not be providing any additional funds for this Project. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Budget Amendments and related appropriations as presented. 12.a Packet Pg. 337 MOTION: “I make a Motion to approve the Budget Amendments and related appropriations as presented” 12.a Packet Pg. 338 12.a.a Packet Pg. 339 Attachment: FM Global (1803 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde)) 12.a.a Packet Pg. 340 Attachment: FM Global (1803 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde)) 12.a.a Packet Pg. 341 Attachment: FM Global (1803 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde)) 12.a.a Packet Pg. 342 Attachment: FM Global (1803 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde)) 12.a.b Packet Pg. 343 Attachment: RGG (1803 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: November 19, 2019 Item Number: 12.b Attachment(s): Escrow Bank Statement School Bus Lease.2019 Reviewed By: SUMMARY: The County’s School Board recently entered a Lease with First Citizens Bank to purchase eleven (11) passenger buses. The Virginia Auditor of Public Accounts requires that local governing bodies approve such financings. The Virginia Code does not allow for School Boards to establish and maintain such accounts outside of the County Treasurer’s custody. As such, this Lease will need to be maintained on the County’s books and an appropriation will need to be made for the purchase of these school buses. FINANCIAL IMPACT AND FUNDING SOURCE: The School Board received sealed bids to ensure receiving the best interest rate for purchasing the eleven (11) buses to be used by the County’s Pupil Transportation Department. First Citizens Bank was the bank providing the lowest interest rate of 2.18%. The total amount financed is $963,565, to be financed over two (2) years. The 2020 Lease has been signed by the School Board and the Lease payment has already been appropriated to the School Board’s 2020 Budget. Please see the attached Lease Purchase Contract for further information. RECOMMENDATION: For auditing purposes, County Staff recommends that the Board ratify the attached Lease and appropriate $963,628.35 (the amount of the Lease, plus interest) to Fund 210 for the purpose of purchasing eleven (11) buses and have said funds accounted for by the County’s Treasurer’s Office. MOTION: “I make a Motion to ratify the Lease Purchase Agreement as presented, and to appropriate a total of $963,628.35 to Fund 210 to cover the purchase eleven (11) buses for the County’s School Board.” 12.b Packet Pg. 344 12.b.a Packet Pg. 345 Attachment: Escrow Bank Statement (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 346Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 347Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 348Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 349Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 350Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 351Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 352Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 353Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 354Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 355Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 356Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 357Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 358Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 359Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 360Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 361Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 362Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 363Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 364Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 365Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 366Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 367Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 368Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 369Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 370Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 371Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 372Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 373Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 374Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 375Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 376Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) 12.b.bPacket Pg. 377Attachment: School Bus Lease.2019 (1799 : Pittsylvania County Schools-Bus Lease Approval (Staff Contact: Kimberly G. Van Der Hyde)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: WVEMS (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: November 19, 2019 Item Number: 13.a Attachment(s): Reviewed By: SUMMARY: Timothy Duffer currently represents the County on the Western Virginia Emergency Medical Services (“WVEMS”) Board. His term is set to expire at the end of December. This is a three (3) year term that will last until December 2022. County Staff has spoken with Christopher C. Slemp, Director of Public Safety, and he is willing to serve on the WVEMS Board. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends appointing Christopher C. Slemp, Director of Public Safety, to serve on the WVMES Board for a three (3) year term, beginning on January 1, 2020. MOTION: “I make a Motion to appoint Christopher C. Slemp, Director of Public Safety, to serve on the Western Virginia Emergency Medical Services Board for a three (3) year term, beginning on January 1, 2020.” 13.a Packet Pg. 378 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Planning Commission (Banister District); (Supervisor Miller) Staff Contact(s): Supervisor Miller Agenda Date: November 19, 2019 Item Number: 13.b Attachment(s): Reviewed By: SUMMARY: Colette Henderson currently serves on the Planning Commission and her term is set to expire at the end of this month. Mrs. Henderson is eligible for another four (4) year term beginning on December 1, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Supervisor Miller would like to reappoint Mrs. Henderson to the Planning Commission for another four (4) year term beginning December 1, 2019. County Staff submits this item to the Board for its review and consideration. MOTION: “I make a Motion to reappoint Colette Henderson to the Planning Commission for another four (4) year term to begin on December 1, 2019.” 13.b Packet Pg. 379 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Industrial Development Authority (Westover District); (Contact: Supervisor Scearce) Staff Contact(s): Supervisor Scearce Agenda Date: November 19, 2019 Item Number: 13.c Attachment(s): Reviewed By: SUMMARY: Ronald McMahon currently serves as the Westover Representative on the County’s Industrial Development Authority (“IDA”) Board. His term is set to expire on November 30, 2019, and he is eligible for another four (4)-year term beginning on December 1, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 13.c Packet Pg. 380