02-21-2023 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, February 21, 2023 - 7:00 PM
Board Meeting Room
39 Bank Street, SE,
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. Board Meeting Minutes Approval (Staff Contact: Kaylyn McCluster)
b. County's 2023 January Bill List Approval (Staff Contact: Kim
VanDerHyde)
c. Resolution # 2023-02-01 (Approving County’s Participation in
Proposed Settlement of Opioid-Related Claims Against TEVA,
Allergan, Walmart, and Walgreens) Adoption Approval (Staff
Contact: Vaden Hunt)
d. WIA Grant Appropriation Approval (HSRA Grant) (Staff
Contact: Kim VanDerHyde)
e. CITAC Officers Agreement Execution Approval (Staff Contact: Kim
VanDerHyde)
f. Virginia Low Income Household Water Assistance Program
Participation Agreement Execution Approval (Staff Contact: Chris
Adcock)
g. FRC Re-Appointment: Ward Rowland (Tunstall District) (Staff
Contact: Kaylyn McCluster)
h. FRC Re-Appointment: Tim Cassell (Westover District) (Staff
Contact: Kaylyn McCluster)
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i. Town of Chatham/County Revised Master Water and Sewer
Agreement Execution Approval (Staff Contact: Chris Adcock)
8. PRESENTATIONS
a. General Presentations (Board of Supervisors); (if any)
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.
1. Public Hearing: Case R-22-038: Myrtle Shields; Rezoning from
A-1, Agricultural District, to R-1, Residential Suburban
Subdivision District. The Planning Commission recommended,
by an 8-0 vote, with no opposition, that the Petitioner's
request be granted (Supervisor Warren). (Staff Contact: Emily
Ragsdale)
2. Public Hearing: Case R-22-040: Harold and Celia Hayden;
Rezoning from A-1, Agricultural District, and R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District. The
Planning Commission recommended by an 8-0 vote, with no
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opposition, that the Petitioners' request be granted.
(Supervisor Dalton) (Staff Contact: Emily Ragsdale)
3. Public Hearing: Case R-22-041: Claudia and Willie Aaron;
Rezoning from A-1, Agricultural District, and R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District. The
Planning Commission recommended by an 8-0 vote, with no
opposition, that the Petitioners' request be granted.
(Supervisor Dalton) (Staff Contact: Emily Ragsdale)
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 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. PCC Chapter 43 Revisions (VA COIA Filing Forms) (Staff
Contact: Kaylyn McCluster)
2. Public Property Disposition (Southside Soccer, Inc.) (Staff
Contact: Chris Slemp)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. MATTERS FROM WORK SESSION (IF ANY)
14. BOARD MEMBER REPORTS
15. COUNTY ADMINISTRATOR REPORTS
16. ADJOURNMENT
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7.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Board Meeting Minutes Approval
Staff Contact(s): Kaylyn McCluster
Agenda Date: February 21, 2023 Item Number: 7.a.
Attachment(s): 1. 01-17-2023 Finance Committee - DRAFT
2. 01-17-2023 Work Session - DRAFT
3. 01-17-2023 Business Meeting - DRAFT
4. 02-09-2023 Legislative Committee - DRAFT
5. 02-09-2023 Joint Meeting - Planning and BZA -
DRAFT
Reviewed By:
SUMMARY:
For the Board's review and consideration, attached are the following recent
Board Meeting Minutes:
(1) 1/17/2023 (Finance Committee Meeting);
(2) 1/17/2023 (Work Session);
(3) 1/17/2023 (Business Meeting);
(4) 2/9/2023 (Legislative Committee Meeting); and
(5) 2/9/2023 (Joint Meeting).
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board adopt the Board Meeting Minutes as
attached and presented.
MOTION:
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“I make a Motion to adopt the Board Meeting Minutes as attached and
presented.”
Page 5 of 137
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ FINANCE COMMITTEE
January 17, 2023
VIRGINIA: The Pittsylvania County Board of Supervisors’ Finance Committee was
held on January 17, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia
24531.
CALL TO ORDER (2:30 PM)
Warren called the Meeting to Order at 2:30 PM.
Attendee Name Title Status
Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present
Robert M Tucker, Jr. Supervisor - Banister District Present
Timothy W. Dudley Supervisor - Staunton River District Present
Tim Chesher Supervisor - Dan River District Absent
Ingram and Scearce were also in attendance. Dalton arrived at 2:35 PM,
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [3 TO 0]
MOVER: Tucker
SECONDER: Dudley
AYES: Warren, Tucker, Dudley
AWAY: Chesher
NEW BUSINESS
a. Personal Property Tax Formula Discussion (Staff Contracts: Kimberly G. Van Der
Hyde/Robin Goard)
Van Der Hyde and the Honorable Robin Goard, Commissioner of the Revenue, discussed the
impacts of potentially changing the County’s Personal Property tax rate. The current tax rate is
$9.00 per $100 of assessed value, 30% of market value. Changing the personal property tax rate
without changing the valuation methods will have both positive and negative impacts to County
taxpayers, and changing the rate and the valuation methods will not result in a revenue neutral
effect.
The Committee recommended County Staff and Goard work together to see if changing this
method is feasible. The optics of the current method appears to be substantially higher than
neighboring localities and has an impact on Economic Development prospects when deciding to
bring businesses to our County.
b. Capital Improvements Plan Review (Staff Contact: Kimberly G. Van Der Hyde)
Van Der Hyde presented the County Capital Improvements Plan (“CIP”) for the next five (5)
years (FY 2024 - FY 2028). The CIP is reviewed annually by County Departments, as well as
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Finance Committee
January 17, 2023
the School Board, to identify capital improvement needs for the upcoming County Budget year,
along with a long-range plan for the next four (4) years. The CIP from this year to last increased
by $71M. Van Der Hyde reiterated that just because something is requested in the CIP, does not
mean that it is going into the Budget. This CIP could change due to various factors. Her full
presentation can be found on the County’s website at www.pittsylvaniacountyva.gov.
Motion to recommend the full Board approve the attached FY 2024 - 2028 CIP at tonight’s
Business Meeting.
RESULT: APPROVED [3 TO 0]
MOVER: Dudley
SECONDER: Tucker
AYES: Warren, Tucker, Dudley
AWAY: Chesher
c. FY 2024 High Level Budget Review (Staff Contact: Kimberly G. Van Der Hyde)
Van Der Hyde presented a high-level Budget review to the Committee that included Budget
challenges and possible Budget relief. The presentation can be found on the County’s website at
www.pittsylvaniacountyva.gov.
d. 2023-2024 Budget Calendar Approval (Staff Contact: Kimberly G. Van Der Hyde)
Van Der Hyde presented the County’s 2023-2024 Budget Calendar to the Committee. Per the
Code of Virginia, said calendar must be approved by the Board annually.
Motion to recommend the attached Budget Calendar to the full Board for approval at tonight’s
Board’s Business Meeting.
RESULT: APPROVED [3 TO 0]
MOVER: Tucker
SECONDER: Dudley
AYES: Warren, Tucker, Dudley
AWAY: Chesher
MATTERS FROM COMMITTEE MEMBERS
• Tucker thanked Van Der Hyde for her hard work and diligence throughout this Budget
process.
• Dudley thanked Van Der Hyde and Goard for their hard work.
• Warren echoed those comments and thanked County Staff for their hard work, as well as Ms.
Worley with the Schools, and he stated this will be a tough Budget year. He also thanked
Goard for being present and working with County Staff.
ADJOURNMENT
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Finance Committee
January 17, 2023
Warren adjourned the Meeting at 3:21 PM.
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
WORK SESSION
January 17, 2023
VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Work Session
was held on January 17, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham,
Virginia 24531.
CALL TO ORDER (4:00 PM)
Dalton called the Meeting to Order at 4:00 PM.
ROLL CALL
The following Board Members were present:
Attendee Name Title Status Arrived
Darrell Dalton Chairman - Callands-Gretna District Present 3:30 PM
Timothy W. Dudley Vice Chairman - Staunton River District Present 3:34 PM
Tim Chesher Supervisor - Dan River District Present 3:47 PM
William V. ("Vic") Ingram Supervisor - Tunstall District Present 3:30 PM
Ronald S. Scearce Supervisor - Westover District Present 3:30 PM
Robert M Tucker, Jr. Supervisor - Banister District Present 3:33 PM
Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 3:31 PM
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ingram
SECONDER: Chesher
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren
PRESENTATIONS
a. VDH Retention of Budget Funds Discussion (Staff Contact: Kimberly G. Van Der
Hyde); (15 minutes)
Dr. Spillman, Crystal Davis, and Julia Gwaltney, representatives of the Virginia Department of
Health (“VDH”), discussed with the Board their request to retain FY22 and FY23 Budget
balances. Davis stated their request would cover the cost of a new generator, to seal and repaint
the parking lot, and hepatitis vaccines. VDH requested to retain $10,124.64 from the FY 22
Budget and $95,376 from the FY23 Budget. Their current generator is an older model Generac
and there have been several instances of generator failure. The generator runs the vaccine
refrigerator, and should the power go off and the generator not power the refrigerator, it could
cost thousands of dollars in lost vaccines. The parking lot has cracks, and the paint is very faded,
and causes citizens confusion as to where to park. They also believe Hepatitis A is on the rise
and the increase of people visiting the casino and throughout the community will only make this
worse.
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Board of Supervisors
January 17, 2023
Work Session
Motion to approve the funding for the generator in the amount of $40,000 and approve the
funding to reseal and paint the parking lot in the amount of $50,000.
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Dudley
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. County Broadband Project Update (Staff Contact: Scott Budd); (15 minutes)
Budd presented an update regarding the status of the County-wide Broadband Project with
RiverStreet Networks. He stated their material orders are in place and some shipments have
been received. Pedestals will be arriving within a few days for Michels and Quanta to get started
in Sandy Level and Renan. Currently, the plan is for Michels to build the west side starting in
Sandy Level, then moving south to Strawberry, Brosville, and coming back north to build
Lakeside and Brights. Concurrently, Quanta will build the east side starting at Renan and then
moving south into Java, Chestnut, Ringgold, and then back North to finish Hurt and Gretna.
Construction should be completed within Q2 or Q3 of this year. It usually takes approximately
120 days from start to finish to get everything set up. Once the construction is completed, and
depending on the number of people who call to set up the service, they can begin receiving
service in seven to ten (7 – 10) days. His presentation can be found on the County’s website at
www.pittsylvaniacountyva.gov.
b. Temporary Residential Occupancy of Campers Zoning Issues Discussion (Staff
Contact: Emily S. Ragsdale); (15 minutes)
Ragsdale stated the current Zoning Ordinance does not allow recreational vehicles to be
occupied for any period, anywhere in the County, unless they are in an approved campground.
This is causing issues and County Staff is looking at ways the County can allow temporary
occupancy in certain circumstances. Ragsdale researched what Ordinances neighboring
localities have in place for this. She stated for the Board to consider having a specified length of
time with an active building permit, certain zoning classifications, and under certain
circumstances.
Devin Taylor spoke on behalf of Campers Care LLC, a disaster relief agency, and shared his
personal experiences with situations where this type of Ordinance was needed.
For transparency, Warren disclosed that he and Taylor have a family relationship.
There was consensus from the Board to send this item to the Legislative Committee for review.
c. EMS Hospital Diversion Discussion (Staff Contact: Christopher T. Key); (15 minutes)
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Board of Supervisors
January 17, 2023
Work Session
Key stated the EMS hospital diversion issues are a hot topic, and these issues have hit the
County’s Public Safety hard lately. Recently, a patient was transported to the Danville hospital,
but they were put on hold. The nurse come out and checked the patient and said they were
waiting on a room and did not receive one until over twelve (12) hours later. He just wanted to
open the discussion and make the Board aware of these issues.
d. Zito Media Internet Discussion (Staff Contact: Dave F. Arnold); (15 minutes)
Arnold stated that Zito Media acquired Chatmoss Cable in the Fall of 2021. Their service area is
limited to the Tunstall, Chatham-Blairs, and Westover Districts. There have been numerous
County residents who have Zito service with issues who cannot get them resolved with Zito.
Rigas met with County Staff and provided contact information for their escalation team.
Beginning in early 2022, County Staff passed along information on behalf of those County
residents who have had issues with their service but have been unable to get anything resolved
through Zito. Hunt stated County Staff would draft a letter on behalf of the Board regarding
their displeasure and attempt to meet with Zito’s executive staff for answers.
CLOSED SESSION
Motion to enter Closed Session.
The Board entered Closed Session at 5:40 PM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chesher
SECONDER: Ingram
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren
a. Discussion, consideration, or interviews of prospective candidates for employment;
assignment, appointment, promotion, performance, demotion, salaries, disciplining, or
resignation of specific public officers, appointees, or employees of any public body.
(Contact: Board of Supervisors)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: County Administrator Search; County Attorney
Evaluation/Employment Agreement
Purpose: Review of Same; Discussion of Next Steps
b. 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: Matthew D. Rowe)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matters: Unannounced Prospective Businesses/Industries
Purpose: General Economic Development Projects Update
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Board of Supervisors
January 17, 2023
Work Session
c. Discussion or consideration of the acquisition of real property for a public purpose, or
of the disposition of publicly held real property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the public
body. (Staff Contact: Dave F. Arnold)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(3)
Subject Matters: Jail Land Update (Potential Property Acquisition)
Purpose: Legal Consultation/Legal Advice Regarding the Same
RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 6:52 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Board’s Work Session on January 17, 2023, 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 (“Act”) and identified in the Motion authorizing the Closed Meeting
were heard, discussed, or considered in the Closed Meeting. If any Board 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
Timothy W. Chesher Yes
William V. (“Vic”) Ingram Yes
Ronald S. Scearce Yes
Robert M. Tucker, Jr. Yes
Robert (“Bob”) W. Warren Yes
Timothy W. Dudley Yes
Darrell W. Dalton Yes
ADJOURNMENT
Dalton adjourned the Meeting at 6:55 PM.
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
BUSINESS MEETING
January 17, 2023
VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business
Meeting was held on January 17, 2023, in the Board Meeting Room, 39 Bank Street, SE,
Chatham, Virginia 24531.
CALL TO ORDER (7:00 PM)
Dalton called the Meeting to Order at 7:00 PM.
ROLL CALL
The following Members were present.
Attendee Name Title Status Arrived
Darrell Dalton Chairman - Callands-Gretna District Present 6:41 PM
Timothy W. Dudley Vice Chairman - Staunton River District Present 6:41 PM
Tim Chesher Supervisor - Dan River District Present 6:41 PM
William "Vic" Ingram Supervisor - Tunstall District Present 6:41 PM
Ronald S. Scearce Supervisor - Westover District Present 6:41 PM
Robert M Tucker, Jr. Supervisor - Banister District Present 6:41 PM
Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:43 PM
AGENDA ITEMS TO BE ADDED
Motion to add the following items to the Agenda:
• CIP for FY 24 - FY 28 as item 12a
• 23-24 Budget Calendar as item 12b
• VDH funds request as item 13a
RESULT: ADOPTED [UNANIMOUS]
MOVER: Warren
SECONDER: Ingram
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Warren
SECONDER: Dudley
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren
CONSENT AGENDA
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Board of Supervisors
January 17, 2023
Business Meeting
McCluster stated the revisions to the December Business Meeting minutes were out for Public
Display and were provided to the Board. These minutes will take place of the minutes included
in the Agenda Packet.
Motion to approve Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chesher
SECONDER: Tucker
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren
a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. County's 2022 December Bill List Approval (online); (Staff Contact: Kimberly G. Van Der
Hyde)
c. Ordinance Ratifying DSS Year-End Bonuses (Staff Contact: Kimberly G. Van Der Hyde)
d. Grant Appropriation Requests Approval (Staff Contact: Kimberly G. Van Der Hyde)
e. MVP Landfill Pipeline Crossing Agreement Execution Approval (Staff Contact: Chris D.
Adcock)
f. 4th Chatham/County Master Water/Sewer Agreement Extension Execution Approval (Staff
Contact: Chris D. Adcock)
g. County/Mecklenburg Electric Cooperative Right-of-Way Easement for Underground
Facilities Execution Approval (Staff Contact: Chris D. Adcock)
h. WPPDC CEDS Prioritized List Submission (Staff Contact: Matthew D. Rowe)
i. Gladys Wimbush (Honoring her 100th Birthday) Certificate Approval; (Staff Contact:
Kaylyn M. McCluster)
PRESENTATIONS
a. General Presentations (Board of Supervisors)
None.
b. Danville Redevelopment and Housing Authority Presentation (Presenter: Larissa
Deedrich)
CEO/Executive Director of the Danville Redevelopment and Housing Authority, Larissa
Deedrich, presented to the Board the services they offer throughout the County and the City of
Danville. Her full presentation can be found on the County’s website at
www.pitsylvaniacountyva.gov.
HEARING OF THE CITIZENS
John Zelinski, Chatham-Blairs District, stated his concerns regarding the compactor sites and the
population of the County.
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Board of Supervisors
January 17, 2023
Business Meeting
Ben Meeks, Callands-Gretna District, requested the Board look at the Ordinance that regulates
temporary camping. He is in support of temporary camping in emergency situations.
PUBLIC HEARINGS
Rezoning Public Hearings
Case 1: Public Hearing: Case R-22-030; Mount Zion Baptist Church; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning
Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request
be granted (Supervisor Tucker).
In Case R-22-036, Mount Zion Baptist Church (“Petitioner”) has petitioned to rezone 3.02 acres
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (allow for a
cemetery). The subject property is located on State Road 685/Telegraph Road, in the Banister
Election District, and shown on the Tax Maps GPIN # 2550-82-1652. Once the property is
rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On
December 6, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition,
that the Petitioner’s request be granted.
Dalton opened the Public Hearing at 7:29 PM. There was a typo on the Agenda title, and it
should read as Case R-22-036. James Stone was present to represent the Petition. No one signed
up to speak and Dalton 7:30 PM.
Motion to approve the rezoning of 3.02 acres, from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District, to allow the property to be used for a cemetery.
RESULT: APPROVED [UNANIMOUS]
MOVER: Tucker
SECONDER: Dudley
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren
Case 2: Public Hearing: Case R-22-039; JDA Associates, Inc; Rezoning from A-1,
Agricultural District, to R-1, Residential Suburban Subdivision District. The Planning
Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request
be granted (Supervisor Warren).
In Case R-22-039, JDA Associates, Inc. (“Petitioner”), has petitioned to rezone 3.396 acres from
A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow for the
property to be consolidated with three (3) adjacent parcels zoned R-1). The subject property is
located on State Road 1564/Talbott Drive, in the Chatham-Blairs Election District, and shown on
the Tax Maps as part of GPIN # 2319-17-3174. Once the property is rezoned to R-1, all uses
listed under Pittsylvania County Code § 35-222 are permitted. On December 6, 2022, the
Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s
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Board of Supervisors
January 17, 2023
Business Meeting
request be granted.
Dalton opened the Public Hearing at 7:32 PM. No one signed up to speak and Dalton closed the
Public Hearing at 7:32 PM.
Motion to approve the rezoning of 3.396 acres from A-1, Agricultural District, to R-1,
Residential Suburban Subdivision District, to allow the property to be consolidated with adjacent
parcels zoned R-1.
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Ingram
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren
Other Public Hearings
1. Public Hearing: Water/Sewer Rate Increase (Staff Contact: Chris D. Adcock)
At the December 20, 2022, Business Meeting, the Board approved Resolution # 2022-12-01,
authorizing the advertisement of a Public Hearing to be held at the January Business Meeting to
hear comments on the proposed changes to the County’s water and sewer rates, fees, and
charges. Additional revenue generated by these increases will help the County implement the
County’s Master Water and Sewer Plan and maintain adequate financial reserves.
Dalton opened the Public Hearing at 7:34 PM. No one signed up to speak and Dalton closed the
Public Hearing at 7:35 PM.
Motion to approve the water and sewer rates, fees, and charges as presented.
RESULT: APPROVED [6 TO 1]
MOVER: Dudley
SECONDER: Scearce
AYES: Dalton, Dudley, Chesher, Scearce, Tucker, Warren
NAYS: Ingram
NEW BUSINESS
a. CIP for FY 24 - FY 28
Motion to approve the CIP for the FY24 - FY28, as presented in the Work Session.
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Board of Supervisors
January 17, 2023
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Tucker
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren
b. 23-24 Budget Calendar Approval
Motion to approve the Fy23 - FY24 Budget Calendar as presented in the Work Session.
RESULT: APPROVED [UNANIMOUS]
MOVER: Tucker
SECONDER: Ingram
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren
MATTERS FROM WORK SESSION (IF ANY)
a. VDH Funds Request
Motion to approve the VDH funding for the generator and to paint the parking lot as presented in
the Work Session.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Ingram
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren
BOARD MEMBER REPORTS
• Chesher thanked everyone for being in attendance and stated there is a lot of work coming
up.
• Ingram complimented Dalton for doing such a great job. He sent condolences to the Mike
Cassada family, and asked everyone to remember Thomas Freese as on Christmas Eve he
lost his house. He congratulated Alex Brummett, Haley Yeatts and Jordan Finney as they are
brand new EMT's. He welcomed Trooper Joseph Worley, who was just assigned to the
Chatham office and is the son of Mark Worley who works in the County Jail.
• Warren thanked Van Der Hyde and Goard for their work and bringing the Board to this point
in the Budget process. They are going to work together and try to make the appearance more
appealing and realistic for personal property taxes. He also complimented his colleagues and
stated there was review of the Camper situation at the earlier Work Session and this item will
be going to the Legislative Committee for their review and recommendation. He echoed the
sentiments and prayers for Cassada's family.
• Dudley thanked everyone for coming out, and stated there are a lot of good things happening.
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Board of Supervisors
January 17, 2023
Business Meeting
He thanked County Staff for a smooth Meeting and thanked Dalton for a good Meeting.
• Tucker echoed all sentiments of the Board. He thanked County Staff for their work behind
the scenes, Hunt for his dual role, and to Van Der Hyde for her hard work on the County
Budget. He stated the Board isn’t making any promises, and due to inflation and such, the
Budget must be prioritized accordingly. He recognized the Omega fraternity for their Martin
Luther King, Jr., prayer breakfast yesterday that was very successful. He thanked all citizens
who come out to the Meeting and those watching online as well.
• Dalton echoed all sentiments of the Board, and he thanked citizens and County Staff for their
hard work.
COUNTY ADMINISTRATOR REPORTS
Hunt thanked County Staff for their hard work during the Meetings and he commended Dalton
for a good job tonight.
ADJOURNMENT
Dalton adjourned the Meeting at 7:50 PM.
Page 18 of 137
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ LEGISLATIVE
COMMITTEE
February 9, 2023
VIRGINIA: The Pittsylvania County Board of Supervisors’ Legislative Committee was
held on February 9, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia
24531.
CALL TO ORDER (2:30 PM)
Chesher called the Meeting to Order at 2:30 PM.
Attendee Name Title Status Arrived
Tim Chesher Chairman - Dan River District Present 12:33 PM
Robert M Tucker, Jr. Supervisor - Banister District Present 12:33 PM
Robert ("Bob") W. Warren Supervisor - Chatham Blairs District Present 12:49 PM
Dudley and Dalton were also in attendance. Ingram entered at 1:08 PM and Scearce entered at 1:29 PM.
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tucker
SECONDER: Warren
AYES: Chesher, Tucker, Warren
NEW BUSINESS
a. PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and
Employees) Revisions Review (Staff Contact: Kaylyn M. McCluster)
Chapter 31 of the Code of Virginia outlines the Conflict of Interest Act for State and Local
Government, which includes annual disclosure statements that are required to be filed. Virginia
§ 2.2-3115 was recently updated and now requires Industrial Development Authority Members
to file the Statement of Economic Interest Form, instead of the Financial Disclosure Statement.
County Staff was also contacted by the Office of Children’s Services stating that all CPMT and
FAPT Members who are Parent Representatives and/or Private Providers, need to complete the
Statement of Economic Interest form as well.
For the above reasons, Pittsylvania County Code (“PCC”), Chapter 43, Disclo sure of Personal
Business Interests by County Officials and Employees, needs to be updated to reflect said
Virginia Code changes, and to bring all other Boards and Commissions up to date with current
filing requirements. There are Boards that have been eliminated and created since the last update
to PCC Chapter 43.
Finally, this year, the Virginia Conflict of Interest Advisory Council sent communication that
localities can determine if they will allow electronic signature and acceptance of all annual filin g
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Legislative Committee
February 9, 2023
forms. If so, localities are required to adopt a written policy stating the same. County Staff
believes including this addition to PCC Chapter 43 will make the collection of filing forms more
efficient.
Motion to forward the presented revisions to the full Board for consideration and approval.
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Chesher
AYES: Chesher, Tucker, Warren
b. Short-Term Rentals Ordinance Preliminary Discussion (Staff Contact: Emily S.
Ragsdale)
Ragsdale stated that currently, the Virginia General Assembly is considering House Bill No.
2271, attached, which would amend and reenact Virginia Code § 15.2-983 relating to short-term
rental property. If adopted, this Bill will restrict a locality’s ability to restrict or govern short -
term rental property managed by a Virginia realtor. This Bill defines “short-term rentals” as “the
provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or
lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a
charge for the occupancy. The term “short-term rentals” includes homestays, whole home
rentals, bed and breakfasts, hotels/motels, and boarding houses. Currently, the County only
regulates hotels/motels. With the increased popularity in short-term rentals across the country
due to the prevalent use of online rental platforms and the potential for increased traffic to the
area soon, the lack of regulations of short-term rental uses could begin to create adverse effects
on County properties near short-term rentals. If HB 2271 is adopted prior to the County
adopting short-term rental regulations, the County would lose the ability to regulate short-term
rentals managed by a Virginia realtor in the future.
Ragsdale recommended looking at regulations regarding short-term rentals before potentially
losing that ability. Hunt suggested adding this to the March Work Session Agenda for
discussion. There were suggestions made to get information out to citizens regarding this
potential change, and Ragsdale stated she would look possibly at a survey to receive citizen input
and report that information back to the Board.
c. Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale)
In 2021, PCC § 35-141(C), Utility Scale Solar Energy Facility, was amended increasing
regulations for Utility Scale Solar Energy Facilities. Specifically, said PCC section was revised
to increase buffering requirements and provide additional controls to ensure all conditions and
regulations are met prior to producing power, while reducing the required distance between
approved projects to allow the County to capitalize on the ability to enter into Siting Agreements
as allowed by the Code of Virginia. In October 2022, the Board instructed County Community
Development Staff to propose further amendments to PCC § 35- 141 to further restrict the
development of Utility Scale Solar Energy Facilities. On January 3, 2022, the Planning
Commission recommended, by an 8-0 vote, with no opposition, that the proposed amendments
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Legislative Committee
February 9, 2023
be adopted.
Tucker requested Ragsdale to separate the solar information by District to allow each Supervisor
to see what is available in each District. Chesher requested ten (10) miles between the facilities,
instead of five (5) miles. Warren stated his concerns with the ten (10) mile recommendation and
does not want the County to have unintended consequences that could potentially hinder a large
project. After much discussion, there was a recommendation to exempt the Industrial Parks from
this regulation.
Motion to forward this item to the full Board for approval with the additions of protecting the
Industrial Parks that are defined within the County.
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Tucker
AYES: Chesher, Tucker, Warren
d. Temporary Residential Occupancy of Campers Ordinance Review (Staff Contact:
Emily S. Ragsdale)
To ensure that the County’s Zoning Ordinance can promote the general welfare of County
citizens, County Community Development Staff was instructed to draft proposed Ordinance
revisions to potentially allow recreational vehicles to be used as a temporary dwelling in specific
situations that result in the primary dwelling being rendered uninhabitable by the County Code
Official, if certain conditions are met.
There was much discussion regarding not limiting this benefit to certain districts or lot size,
working with the resident to establish a payment plan should they be delinquent on personal
property taxes, and excluding situations where the disaster was intentional. County Staff was
instructed to make revisions and present the new draft at the February Business Meeting.
ADJOURNMENT
Chesher adjourned the Meeting at 2:17 PM.
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
JOINT MEETING WITH PLANNING COMMISSION AND BOARD OF
ZONING APPEALS
February 9, 2023
VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Joint Meeting
was held on February 9, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham,
Virginia 24531.
CALL TO ORDER (2:30 PM)
Dalton called the Meeting to Order at 2:30 PM.
ROLL CALL
The following Members were present
Attendee Name Title Status Arrived
Darrell Dalton Chairman - Callands-Gretna District Present 2:22 PM
Timothy W. Dudley Vice Chairman - Staunton River District Present 2:24 PM
Tim Chesher Supervisor - Dan River District Present 2:22 PM
William V. ("Vic") Ingram Supervisor - Tunstall District Present 2:23 PM
Ronald S. Scearce Supervisor - Westover District Present 2:23 PM
Robert M Tucker, Jr Supervisor - Banister District Present 2:24 PM
Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 2:24 PM
The following Planning Commission Members were present:
Richard Waters
The following Board of Zoning Appeals Members were present:
Allan Easley
Ronald Merricks
Not enough members of the Planning Commission or the Board of Zoning Appeals were present
to make quorum, so this was just a meeting of the Board.
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Warren
SECONDER: Tucker
AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker Jr, Warren
PRESENTATIONS
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February 9, 2023
Board of Supervisors
Joint Meeting
a. Zoning Ordinance Update Presentation (Staff Contact: Emily S. Ragsdale);
(Presenter: The Berkley Group)
Caroline Vanterve, Planner with The Berkley Group, reviewed the County’s Zoning Ordinance
Update with the Board, Planning Commission, and the Board of Zoning Appeals. Her
presentation can be found on the County’s website at www.pittsylvaniacountyva.gov.
ADJOURNMENT
Dalton adjourned the Meeting at 3:28 PM.
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7.b.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: County's 2023 January Bill List Approval
Staff Contact(s): Kim VanDerHyde
Agenda Date: February 21, 2023 Item Number: 7.b.
Attachment(s): None
Reviewed By:
SUMMARY:
At each Board Business Meeting, the County’s Auditors recommend the Board
review payments made by the County as oversight of County Fund
expenditures. Said January Bill List is found at the below link:
https://weblink.pittgov.net/WebLink/Browse.aspx?id=471233&dbid=0&repo=Pitt
GovDocs
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the County’s 2023 January Bill List
as presented.
MOTION:
“I make a Motion to approve the County’s 2023 January Bill List as presented.”
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7.c.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Resolution # 2023-02-01 (Approving County’s
Participation in Proposed Settlement of Opioid-Related
Claims Against TEVA, Allergan, Walmart, and Walgreens)
Adoption Approval
Staff Contact(s): Vaden Hunt
Agenda Date: February 21, 2023 Item Number: 7.c.
Attachment(s): 1. 2023-02-01 Opioid Settlement
Reviewed By:
SUMMARY:
The County’s outside opioid counsel has been discussing with the Virginia Office
of the Attorney General pending opioid settlements with Teva, Allergan,
Walmart, Walgreens, and CVS. The County’s outside opioid counsel has
successfully concluded said discussions and settlements will be allocated
subject to the Virginia MOU and shall be administered and allocated in the
same manner as the opioid settlements entered into previously with the
Distributors and Janssen. Accordingly, the County’s outside opioid litigation
counsel has recommended that the County participate in the settlements to
recover its share of the funds that the settlement will provide. For the Board’s
review and consideration, attached is Resolution # 2023-02-01, providing the
vehicle to do so.
FINANCIAL IMPACT AND FUNDING SOURCE:
Unknown, at this time.
RECOMMENDATION:
County Staff recommends the Board adopt attached Resolution #2023-02-01 as
presented.
MOTION:
“I make a Motion to adopt attached Resolution # 2023-02-01 as presented.”
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2023-02-01
______________________________________________________________________________
A RESOLUTION OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
APPROVING OF THE COUNTY’S PARTICIPATION IN THE PROPOSED
SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST TEVA, ALLERGAN,
WALMART, WALGREENS, CVS, AND THEIR RELATED CORPORATE ENTITIES,
AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY’S OUTSIDE
COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE
COUNTY’S PARTICIPATION IN THE SETTLEMENTS
______________________________________________________________________________
WHEREAS, the opioid epidemic that has cost thousands of human lives across the country
also impacts Pittsylvania County (“the County”) by adversely impacting the delivery of emergency
medical, law enforcement, criminal justice, mental health and substance abuse services, and other
services by the County’s various departments and agencies; and
WHEREAS, the County has been required and will continue to be required to allocate
substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid
epidemic has caused and continues to cause the citizens of Pittsylvania County; and
WHEREAS, the County has filed suit against Teva, Allergan, Walmart, Walgreens, CVS,
and certain of their related corporate entities for their role in the distribution, manufacture, and sale
of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed
Pittsylvania County; and
WHEREAS, the County’s suit seeks recovery of the public funds previously expended
and to be expended in the future to abate the consequences and harms of the opioid epidemic; and
WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan,
Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related
claims against them; and
WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund
and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that
these pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered
“Settlements” that are subject to the Virginia MOU, and shall be administered and allocated in the
same manner as the opioid settlements entered into previously with the Distributors and Janssen ;
and
WHEREAS, the County’s outside opioid litigation counsel has recommended that the
County participate in the settlements in order to recover its share of the funds that the settlement
would provide; and
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WHEREAS, the County Attorney has reviewed the available information about the
proposed settlements and concurs with the recommendation of outside counsel.
NOW THEREFORE BE IT RESOLVED that the Pittsylvania County Board of
Supervisors, this 21st day of February, 2023, approves of the County’s participation in the
proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS,
and their related corporate entities, and directs the County Attorney and/or the County’s outside
counsel to execute the documents necessary to effectuate the County’s participation in the
settlements, including the required release of claims against settling entities.
Given under my hand this 21st day of February, 2023.
__________________________________________
Darrell W. Dalton
Chairman
Pittsylvania County Board of Supervisors
__________________________________________
J. Vaden Hunt, Esq.
Interim County Administrator/County Attorney
Pittsylvania County Board of Supervisors
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7.d.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: WIA Grant Appropriation Approval (HSRA Grant)
Staff Contact(s): Kim VanDerHyde
Agenda Date: February 21, 2023 Item Number: 7.d.
Attachment(s): 1. West Piedmont Workforce Development
Board HSRA Grant
Reviewed By:
SUMMARY:
The West Piedmont Workforce Development Board recently received
notification of a Health Resources and Services Administration Grant Award in
the amount of $91,000 as outlined in the attached documentation. This Grant
will be used to address the ongoing critical need in health care facilities for
trained public health professionals serving the rural communities in Virginia.
FINANCIAL IMPACT AND FUNDING SOURCE:
This Grant does not requrie a local match.
RECOMMENDATION:
County Staff recommends the Board approve and appropriate a total of
$91,000 to the Workforce Investment Act ("WIA") Fund-Fund 251.
MOTION:
"I make a Motion to approve and appropriate a total of $91,000 to the WIA
Fund-Fund 251."
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7.e.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: CITAC Officers Agreement Execution Approval
Staff Contact(s): Kim VanDerHyde
Agenda Date: February 21, 2023 Item Number: 7.e.
Attachment(s): 1. DPCS CITAC MOA - DPCS-PC
Reviewed By:
SUMMARY:
Recently, the Board approved a donation of $100,000 to Danville-Pittsylvania
Community Services (“DPCS”) Board to help renovate their newly purchased
Crisis Intervention Team Assessment Center (“CITAC”) located at 366 Piney
Forest Road, Danville, Virginia. DPCS will provide staff to perform mental health
evaluations of individuals brought to the CITAC and DPCS will serve as Fiscal
Agent for administration of the Grant funding awarded by the Virginia
Department of Behavioral Health and Developmental Services (“DBHDS”). This
Grant will provide funding to cover the law enforcement personnel needed at
the CITAC. Both County and City of Danville Law Enforcement Agencies will
provide the needed personnel to cover the CITAC law enforcement staffing
needs. For the Board’s review and consideration, attached is an Agreement
detailing the above-discussed arrangement with the Pittsylvania County Sheriff’s
Office (“PCSO”) and DPCS.
FINANCIAL IMPACT AND FUNDING SOURCE:
The DBHDS Grant will cover the total personnel cost provided by the PCSO. The
CITAC deputy/deputies will be employees of the PCSO and shall remain under
PCSO’s supervision. The CITAC deputy/deputies shall also be sworn in with the
Danville Sheriff’s Office since the facility is in Danville. The PCSO shall also upfit
the CITAC deputy/deputies with uniforms and equipment that are necessary to
perform their duties at the CITAC. The cost of uniforms and equipment will
come from the PCSO’s Budget.
RECOMMENDATION:
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County Staff recommends the Board approve the attached Agreement as to
form and allow it to appropriate the necessary Grant funds needed to cover
the PCSO personnel costs for the CITAC, when these costs have been
determined.
MOTION:
“I make a Motion to approve the attached Agreement as to form and allow
County Staff to appropriate the necessary Grant funds needed to cover the
PCSO personnel costs for the CITAC, when these costs have been determined.”
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Memorandum of Agreement
Between
Pittsylvania County Sheriff’s Office
And
Danville-Pittsylvania Community Services
(DATE)
I. PARTIES
This agreement, effective the _______ day of _________ 202 3 by and between the following
parties: Pittsylvania County, hereinafter referred to as the “County”, the Pittsylvania County
Sheriff’s Office, hereinafter referred to as the “PCSO” and Danville-Pittsylvania Community
Services, hereinafter referred to as “DPCS”, (altogether, the Parties) is entered into for the
purpose to identify the respective responsibilities of the Parties in relation to the prior Request
for Funding to establish a Crisis Intervention Team Assessment Center, hereinafter referred
to as the “CITAC”, in rural localities issued _______date and expanded on ______date.
II. TERM
The term of this Agreement shall be from ________ through ___________. Subject to award
of additional funding, this Agreement shall automatically renew for an additional one (1) year
terms beginning June 30, 2023. Either party may terminate this Agreement without cause or
penalty upon thirty (30) days prior written notice to the other Party.
III. PURPOSE
The Code of Virginia establishes the powers and authority of DPCS (Code of Virginia, §§
37.2-500, et seq.). These include the responsibility to coordinate the community services
involved during the involuntary commitment process. Authority is granted to enter into joint
written agreements with other agencies or governing bodies for purposes c onsistent with the
policies of DPCS.
The Code of Virginia authorizes the establishment of the PCSO through §§15.2-1600 et seq.
and 15.2-1700 et seq., and as provided through general law. The duties of the PCSO
described in statute include authorization to initiate an Emergency Custody Order or to serve
such order issued by the Office of the Magistrate, and to provide transportation of individuals
subject to such order to a location appropriate for completion of the evaluation as required
by Code of Virginia § 37.2-808.
CITACs are intended to serve as therapeutic locations that are an alternative to a criminal
arrest to which authorized law enforcement officers can deliver individuals experiencing an
acute or sub-acute behavioral health related crisis. A CITAC offers a facility for transfer of
custody of individuals to qualified personnel and immediate access to emergency mental
health professionals for clinical assessment in the civil commitment process and linkage to
appropriate services in a safe environment. The purpose of this agreement is to provide for
emergency evaluations to individuals being referred by Law Enforcement within the
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jurisdictions of the City of Danville and Pittsylvania County, Virginia who m eet the criteria to
be assessed at the CITAC and to define the terms and conditions of this arrangement.
IV. SCOPE OF WORK
DPCS has established a CITAC currently located at 136 West Main Street (and to be
relocated at 366 Piney Forest Road sometime in CY 2023), Danville, Virginia. DPCS will
provide staff, as described in this Agreement, to perform mental health evaluation of
individuals brought to the CITAC, and DPCS will serve as Fiscal Agent for administration of
the funding awarded by the Virginia Department of Behavioral Health and Developmental
Services (“DBHDS”) pursuant to the DPCS approved response to accept such funding. The
PCSO will provide a portion of the law enforcement personnel to staff the CITAC as described
in this Agreement. Other partner law enforcement agencies will, by separate agreement,
provide the other portion of law enforcement personnel to staff the CITAC. The PCSO shall
provide fiscal management services to receive or prepare accounting records and to invoice
DPCS to reimburse the PCSO for eligible expenses related to the CITAC, as described in
this Agreement.
V. RESPONSIBILITIES OF THE PCSO
1. The PCSO will provide one (1) full-time, appropriately qualified, Crisis Intervention Team
Assessment Center Deputies (“CITAC Deputies”) for the CITAC to be located at 136 West
Main Street (or 366 Piney Forest Road), Danville, Virginia. The CITAC Deputies shall be
and shall remain at all times and for all purposes employees of the PCSO and shall remain
under supervision of the PCSO in accordance with the PCSO chain of command. The
PCSO shall be solely responsible to provide wages and benefits to the CITAC Deputies
in accordance with applicable law and existing PCSO policies and procedures. CITAC
Deputies and the PCSO will be considered and treated in all respects as having an
independent contractor relationship with DPCS.
2. PCSO will make every effort to provide substitute CITAC Deputies, appropriately
qualified, when scheduling of the primary officers necessitates and is feasible. PCSO will
provide substitute officers in cooperation with other partner law enforcement agencies to
ensure the CITAC is properly staffed at all times. Substitute deputies will be compensated
at the current extra duty rate for hours of service rendered. If staffing shortages prevent
the providing of substitute officers, then the Sheriff or his designee will immediately notify
DPCS.
3. PCSO agrees to submit to DPCS reimbursement invoices for the CITAC Deputies and
services provided by the PCSO contingent upon receipt from the PCSO of records
required for such invoices. PCSO will remit such reimbursement invoices to DPCS at the
end of each month. These reimbursement invoices are due to DPCS within fifteen (15)
days following the end of each month due to reporting requirements.
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4. In addition to providing personnel as described above, PCSO agrees to:
a. Ensure that CITAC Deputies and any other officers assigned to CIT Assessment
Center follow agreed upon CIT Assessment Center Policies and Procedures.
b. Identify a point person (Sheriff or his designee) for implementation and problem
solving under this MOA.
c. Ensure that assigned CITAC Deputies are appropriately trained, credentialed and
supervised while delivering the designated services.
d. Provide necessary law enforcement equipment that will allow the CITAC Deputies
to complete their mission successfully and safely.
e. Assume responsibility for taking custody of individuals in services at the CIT
Assessment Center per the established Crisis Intervention Team Transfer of
Custody Memorandum of Agreement between the local partner agencies.
f. Provide transportation as follows: If the screening results in a determination that
the individual in custody meets the criteria outlined in the Code of Virginia for
Involuntary Psychiatric Hospitalization and a Temporary Detention Order is
obtained, the PCSO responsibility for transportation shall be as follows:
i. When the Inpatient Facility is SOVAH Health – Danville Campus or
Southern Virginia Mental Health Institute, the assigned CITAC Deputy may
transport the individual to such facility. The decision to conduct the transport
will be based on staffing, potential safety risks, and census levels at the
CITAC. This decision will be made jointly by the CITAC Deputy, the DPCS
pre-admission screener and, if necessary, the PCSO chain of command. If
the above factors prevent the CITAC Deputy from conducting the transport,
it will be re-assigned back to the referring agency.
ii. When the designated Inpatient Facility is a facility other than the above, the
transporting agency will be determined by the magistrate based on the
criteria listed in Virginia Code § 37.2-810.
g. Ensure the CITAC Deputies maintain their assigned departmental equipment in a
state of operational readiness.
h. Follow state mandates and protocols regarding Crisis Intervention Team (“CIT”)
programs.
i. Participate in meetings, trainings, and conferences, as directed by PCSO
management.
j. Complete documentation and data collection in such fashion to ensure required
evaluation, data collection, and outcome measures are reported in accordance
with the DBHDS funding guidelines.
k. Ensure mandatory data collection reports are completed in a timely manner as
indicated funding source requirements.
l. Act as liaison with other Law Enforcement Officers regarding fulfilling obligations
as directed by Code of Virginia.
m. Ensure fiscal responsibility and availability of funding to pay for CITAC Deputies
wages and benefits, including but not limited to paid time off and overtime. All paid
time off and overtime worked by the CITAC Deputies and substitute CITAC
Deputies must be pre-approved by the chain of command at the PCSO as well as
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by the DPCS CIT Coordinator. CITAC Deputies’ accrual of leave time shall be in
accordance with PCSO personnel policy.
n. PCSO makes no representations or warranties of any kind, implied or expressed,
with respect to the services provided under this Agreement, including, without
limitation, no warranties of merchantability of fitness for a particular purpose, which
are specifically disclaimed.
o. DPCS acknowledges and agrees that this Agreement does not create a fiduciary
relationship, partnership, joint venture or relationship of trust or agency between
the Parties and that all services are provided by PCSO as an independent
contractor.
VI. RESPONSIBILITIES OF DPCS
1. DPCS will provide pre-admission screeners for the CIT Assessment Center.
2. DPCS will serve as the fiscal agent for DBHDS funding. DPCS will reimburse the PCSO
for CIT program expenses incurred by the PCSO including, the wages and benefits paid
for the CITAC and other expenses as set out in the Program Budget presented in this
Agreement. DPCS shall not reimburse expenses that exceed awarded funds.
3. DPCS agrees to:
a. Identify a point person (DPCS CIT Coordinator) for implementation and problem
solving under this Agreement.
b. Ensure that pre-screeners are appropriately trained, credentialed and supervised
for delivering the designated services.
c. Establish and maintain a unique case file for each individual assessed at the CIT
Assessment Center within DPCS’ Electronic Health Record.
d. Follow state mandates and protocols regarding CIT programs.
e. Participate in meetings, trainings, and conferences as directed by immediate
supervisor.
f. Ensure mandatory data collection reports are completed in a timely manner as
indicated by funding requirements.
g. Reimburse Pittsylvania County, within thirty (30) days of invoice, for services
rendered by the PCSO as outlined in the CIT program budget, below, up to the
limit of funding and in accordance with the budget as set out in this Agreement.
VII. CIT PROGAM BUDGET
a. CITAC Deputies salaries are offered at the same salary rate as established for PCSO
Deputies. Maximum yearly budget for full-time salary and benefits for CITAC Deputies
(to include FICA, Insurance, etc.) by agreement to both PCSO and other partner law
enforcement agencies.
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Fiscal Year 2023
CIT Assessment Center Deputy #1 $75,000.00
CIT Assessment Center Deputy #2 $75,000.00
CIT Assessment Center Deputy #3 $75,000.00
CIT Assessment Center Deputy #4 $75,000.00
b. Budget for extra duty coverage for CITAC Deputies’ leave time coverage
(Available by agreement to both PCSO and other partner law enforcement agencies)
Fiscal Year 2023
$25,000.00
The extra duty budget may be amended if necessary and permission is granted by
DBHDS.
c. DPCS will reimburse the PCSO for pay-out of accrued, unused leave time that is made
upon a deputy leaving the Pittsylvania County Sheriff’s Office from the position of
employment as a CITAC Deputy. Any such reimbursement shall be specific to time
accrued by the deputy while they are in the position of employment as a CITAC Deputy.
VIII. LIMITATION OF FUNDS
Implementation of this Agreement and the payment of expenses as set forth herein is
contingent upon the availability of funds as are awarded in support of the operation of the
CIT Assessment Center as described in this Agreement. In the event of funding reduction,
or unforeseen increases in cost of services to be provided, which are beyond the control of
any party and which result in the expenses of implementation of this Agreement exceeding
available funding, other than as specifically stated for CITAC Deputy expenses, this
Agreement shall terminate immediately, or the terms of this Agreement may be modifie d by
mutual written agreement of the Parties, provided the Parties comply with the terms and
conditions established by any applicable funding guidelines.
IX. LIABILITY/INSURANCE
a. DPCS shall be solely responsible for any and all liability, losses, damages, costs and
expenses resulting from any acts or omissions, negligent or otherwise, of DPCS, or of its
employees or agents; PCSO shall have no responsibility or liability for any such acts or
omissions or for the consequences of any such acts or omissions. DPCS agrees to carry,
at its own expense, commercial general liability insurance covering its activities in an
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amount customary and sufficient for similar operations, but in no event less than
$2,000,000.00 combined single limit. DPCS shall have PCSO named as an additional
insured on all such policies of insurance and shall provide evidence of such insurance to
PCSO in a form reasonably acceptable to PCSO.
b. PCSO shall be solely responsible for any and all liability, losses, damages, costs and
expenses resulting from any acts or omissions, negligent or otherwise, of PCSO, or of its
employees or agents; DPCS shall have no responsibility or liability for any such acts or
omissions or for the consequences of any such acts or omissions. PCSO agrees to carry,
at its own expense, commercial general liability insurance covering its activities in an
amount customary and sufficient for similar operations, but in no event less than
$2,000,000.00 combined single limit. PCSO shall have DPCS named as an additional
insured on all such policies of insurance and shall provide evidence of such insurance to
DPCS in a form reasonably acceptable to DPCS.
c. CITAC Deputies are employees of PCSO and performing the duties of the law
enforcement agency described in statute. PCSO assumes liability for worker’s
compensation, professional liability, and the acts or omissions of PCSO employees.
X. INJURIES TO PCSO EMPLOYEES
PCSO acknowledges its obligation to obtain appropriate insurance coverage for the benefit
of PCSO and its employees, including but not limited to appropriate liability and workers’
compensation coverage. PCSO waives any rights to recovery from DPCS for any injuries
that PCSO and its employees, including but not limited to CITAC Deputies, may sustain while
performing services under this Agreement that arise out of and are in the course of the
employee’s performance of work and/or that are a result of the acts or omissions of PCSO
or its employees.
XI. CONFIDENTIALITY
The Parties and their agents, servants, and employees shall comply with all federal, state,
and local laws and regulations relating to confidentiality, particularly the confidentiality of
protected health information.
XII. SEVERABILITY
If any provision of this Agreement shall be determined by a court of competent jurisdiction to
be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not
be affected and shall be enforceable to the fullest extent permitted by law.
Page 43 of 137
Page 7
XIII. TERMINATION
Any party to this Agreement may terminate it by giving the other Part y thirty (30) days prior
written notice. In the event that funding is not available to reimburse the PCSO its expenses
as provided herein, this Agreement shall immediately terminate.
XIV. INTERPRETATION
Nothing in this agreement shall be interpreted in such a manner that the interpretation would
hinder or impede any partner agency in enforcing the laws, rules, and regulations of the
Commonwealth of Virginia or Pittsylvania County.
In witness whereof the Parties have executed and delivered this Agreement as of the date written
above.
______________________________________________________________________________
James F. Bebeau, LPC Executive Director Date
Danville-Pittsylvania Community Services
______________________________________________________________________________
Mike Taylor, Sheriff Date
Pittsylvania County Sheriff’s Office
_______________________________________________________________________________
J. Vaden Hunt, Interim County Administrator Date
Pittsylvania County, Virginia
Page 44 of 137
7.f.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Virginia Low Income Household Water Assistance
Program Participation Agreement Execution Approval
Staff Contact(s): Chris Adcock
Agenda Date: February 21, 2023 Item Number: 7.f.
Attachment(s): 1. Water Provider Participation Agreement 10-7-
22 NSC
Reviewed By:
SUMMARY:
The Virginia Low Income Household Water Assistance Program ("LIHWAP") is a temporary,
federally-funded program created to assist low-income households with water
and wastewater bills. LIHWAP relief will be available to eligible Virginia residents
beginning in October 2022 through September 1, 2023, or until funds are
depleted. The Program is administered by the Virginia Department of Social
Services in partnership with Promise. Promise is a modern technology solutions
company that works with utilities and government agencies around the country
to provide payment flexibility for households who are unable to pay their bills
and streamline relief distribution to those in need. Customers eligible for LIHWAP
assistance must have a past due water/wastewater balance and a gross
household income below 150% of the federal poverty level based on household
size. Priority will be given to households whose water/wastewater has been
disconnected or is at risk of disconnection. The Pogram requires the County to
enter into the attached Participation Agreement and provide customer data.
FINANCIAL IMPACT AND FUNDING SOURCE:
No cost to the County (except for County Staff time required to get our
customer data input into the system).
RECOMMENDATION:
County Staff recommends the Board approve the execution of the attached
Participation Agreement as presented.
Page 45 of 137
MOTION:
“I make a Motion to approve Participation Agreement as attached and
presented.”
Page 46 of 137
1
WATER PROVIDER PARTICIPATION AGREEMENT
FOR THE VIRGINIA LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
This Agreement is entered into effective the date of the last signature herein, by and between the
Virginia Department of Social Services (“VDSS” or the “Agency”), Promise Network Inc. (“Promise”) and
the Water Provider listed on the signature page (“Water Provider”) for the provision of water bill
payments to assist low-income residential households with water and/or wastewater arrearages,
reconnection, and ongoing services.
WHEREAS, the Virginia Department of Social Services (“Agency”) has been awarded a federal
grant under the Low Income Household Water Assistance Program (“LIHWAP”); and
WHEREAS, federal funds awarded under the LIHWAP grant shall be used as part of an overall
emergency effort to prevent, prepare for, and respond to the COVID-19 pandemic, with the public
health focus of ensuring that low-income households have access to drinking water and wastewater
services; and
WHEREAS, the Agency has contracted with Promise to administer LIHWAP on behalf of the
Agency; and
WHEREAS, Promise’s administrative duties include distributing funds for water and/or
wastewater bill payments to the Water Provider from the LIHWAP grant funds on behalf of households
approved for LIHWAP assistance; and
WHEREAS, the funds provided under this Agreement will be used to cover and/or reduce
arrearages, and pay rates and fees associated with reconnection or prevention of disconnection of
service, for approved residential households; and
WHEREAS, LIHWAP payments may be used to pay past due balances for customers whose
accounts are currently open/active and the household is approved for LIHWAP assistance; and
WHEREAS, this Agreement is governed by and subject to federal and state laws and regulations
and the Office of Community Services (OCS), U.S. Department of Health and Human Services, and
LIHWAP Supplemental Terms and Conditions (attached as Attachment A and incorporated by reference).
NOW, THEREFORE, in consideration of the mutual undertaking of the parties to this Agreement and
other good and valuable consideration, the receipt and sufficiency of which are acknowledged, VDSS,
Promise, and the Water Provider hereby agree as follows: Non-Signature CopyPage 47 of 137
2
1. Term of Agreement
This Agreement shall be in effect from the date of the last signature herein and will remain in effect until
December 31, 2023 or until all of the Virginia LIHWAP funds have been distributed, whichever is sooner.
The Agreement shall not bind, nor purport to bind, VDSS or Promise for any commitment after the term
of the Agreement.
2. Modifications of Agreement
Any and all modifications to this Agreement shall be in writing and agreed upon by both parties.
3. Termination of Agreement
This Agreement may be terminated effective immediately upon notice to the Water Provider in the
event of a determination by Promise that the Water Provider is not in compliance with the terms of this
Agreement.
Either VDSS or the Water Provider may terminate this Agreement with or without cause and without
cost by giving the other party at least sixty (60) calendar days written notice. Termination under this
provision shall not discharge any obligation owed by either party on behalf of households that have
been awarded LIHWAP benefits prior to the effective date of termination.
4. Promise’s Administrative Responsibilities
Promise shall:
a. Conduct outreach activities to notify potentially eligible households of LIHWAP.
b. Screen for low-income households according to the VA LIHWAP criteria.
c. Determine household eligibility based on the VA LIHWAP criteria.
d. Provide Water Provider with the necessary requirements for data and funding exchanges. All
required information must be provided prior to any payment being issued.
e. Make every effort to coordinate closely with the Water Provider to facilitate and expedite the
exchange of data and/or funding.
f. After receipt of all requested documentation and information, and upon full compliance by the
Water Provider with the terms herein, Promise shall:
i. Schedule payments for approved households. Payments will be issued via ACH transfer
by Promise to the Water Provider on behalf of the Water Provider’s customer.
ii. For each scheduled payment, provide a report detailing the total award amount, each
customer account receiving a payment, the amount per approved customer account,
and any other necessary information to identify the customer account and amount to
be credited. The report will be provided to Water Provider concurrently with the
transfer of funds so that Water Provider may remove all customers from severance field
activities or restore water service as appropriate. Such report is considered confidential
and shall be handled as such by Water Provider.
g. Comply with all relevant state and federal laws and regulations in its implementation of the
LIHWAP. VDSS or Promise shall provide notice to the Water Provider of any changes or
amendments to policies or guidelines for the LIHWAP. Such notice may be distributed by email. Non-Signature CopyPage 48 of 137
3
h. Collect and retain the following LIHWAP data indicators as needed from households receiving
benefits as set forth in Terms 10 and 11 of the supplemental terms and conditions (Attachment A):
i. Number and income levels of households that received assistance;
ii. Number of households that received such assistance and include one or more
individuals who are sixty (60) years or older, include a household member with a
disability, or include children ages five (5) and younger;
iii. Gather administrative information regarding local providers (if applicable), agreements
with water utilities, recommendations, accomplishments, unmet needs and lessons
learned.
5. Water Provider Responsibilities to Participate in LIHWAP
The Water Provider shall:
a. Execute a LIHWAP Water Provider Participation Agreement.
b. Provide a completed W-9.
c. Notify Promise immediately if the Water Provider’s tax identification number changes by
submitting a new W-9 form to Promise.
d. Provide banking information necessary for the transfer of funds via ACH (Water Provider’s
account name, bank name, routing number, and account number).
e. Provide Promise with at least one designated contact person who shall be available to respond
by telephone and electronic mail within 24 business hours to all reasonable inquiries regarding
customer accounts, including, but not limited to, inquiries on bills, payments, and services.
f. Notify VDSS and Promise within five (5) business days if the Water Provider’s ownership, contact
person, contact/billing information, services provided, or service coverage area changes.
g. Provide Promise with customer data relating to arrears and customer information relating to any
income-based programs where data is known by the Water Provider in the required format (see
Data Collection for details).
Financial Information/Billing/Services:
h. Provide water and/or wastewater services to each eligible and approved residential household
that has an account with the Water Provider for which payment is provided under LIHWAP as
follows:
i. Restore water services to eligible and approved residential households upon full
payment of arrearages. Full payment means the entire water and/or wastewater
balance on the account including fees, interest, penalties, other charges billed related
to disconnection or reconnection, and service transfer balances.
ii. After receiving full payment for restoration of water services, not terminate services
due to arrearages for at least 90 days.
i. Charge all LIHWAP-approved households the same price as that charged for drinking water
and/or wastewater services to non-LIHWAP households, as determined by the approved rate Non-Signature CopyPage 49 of 137
4
setting process and continue invoicing LIHWAP households using the Water Provider’s normal
billing process.
j. Apply LIHWAP payments only to the approved open residential customer accounts authorized
by the Agency or Promise.
k. Not apply LIHWAP payments to account balances that have previously been written off or fully
paid with other funds.
l. Not discriminate against a LIHWAP-approved household with respect to terms, deferred
payment plans, credit, conditions of sale, or discounts offered to other customers.
m. Post all payments to customer accounts within five (5) business days from receipt of the funds.
No late, interest, or other delinquent charges shall be added to the customer’s account after the
payment has been received and before the payment has posted.
n. Inform each LIHWAP recipient that a payment has been applied to the account, including
payment amount, in the manner normally used by the Water Provider to reflect payments.
o. Provide Promise with confirmation of detailed customer account fund application within ten
(10) business days of receipt of funds. If any funds were not fully applied to the intended
customer account, provide Promise with the account information, amount not applied and the
reason for the non-application of funds.
p. Refund any unapplied funds to Promise within thirty (30) business days of receipt of funds.
Payment may be made by check, ACH or wire. After September 30, 2023, all refunds of any
unapplied funds shall be returned to Promise within ten (10) business days of receipt of funds.
q. Continually maintain accurate records of LIHWAP credit balances and annually reconcile
accounts.
r. Not give any cash equivalent for excess credit.
s. Cooperate with any Federal, State, or local investigation, audit, or program review as set forth in
the Supplemental Terms and Conditions, Term 11.p. (Attachment A). The Water Provider shall
allow Promise and Agency representatives access to all books and records relating to LIHWAP
for the purpose of verification of compliance with this Agreement.
t. Understand that failure to cooperate with any Federal, State, or local investigation, audit, or
program review may result in the immediate disqualification from participation in the LIHWAP.
u. Take corrective action in the timeframe specified by the Agency if violations of this Agreement
are discovered. Corrective action may include, but is not limited to, providing detailed
documentation of changes made and detailed plans for future changes that will bring the Water
Provider into compliance.
v. Understand that failure to implement corrective actions may result in the immediate
disqualification from participation in the LIHWAP.
Data Collection:
w. Provide, at no cost to Promise or the Agency or the household, the data requested below:
i. Contact information and service location address for and data on customers’ household
drinking water and/or wastewater costs, current balance, past due balance, service Non-Signature CopyPage 50 of 137
5
status, bill payment history, and/or arrearage history. (Promise shall not require data
for more than the previous twelve (12) monthly billing periods.)
ii. Contact information for and data on customers who participate in any income-based
programs where data is known by the Water Provider, including but not limited to the
program name, criteria, and customer received funds.
iii. The itemized amount, cost, and type of water assistance and services (e.g., drinking
water, wastewater) provided for households approved for assistance under LIHWAP,
including the costs of such services.
iv. The amount of assistance provided to each household and whether the assistance
restored water service or prevented shutoff).
The data must be provided within a timeframe and in a format as specified by VDSS or
Promise. The data must be provided to Promise for the purposes of verification, research,
evaluation, analysis, and reporting.
6. Joint Duties
VDSS, Water Provider, and Promise agree to meet at mutually agreed upon dates as necessary to review
any recommendations, accomplishments, unmet needs and lessons learned.
7. General Conditions
a. AUTHORITY: Nothing herein shall be construed as authority for either party to make commitments
that will bind the other party beyond the scope of services contained herein.
b. DISCRIMINATION: The Water Provider shall not discriminate against any household because of
race, religion, color, sex, national origin, age, disability, political beliefs, sexual orientation, gender
identity, or any other basis prohibited by state law relating to discrimination.
c. CONFIDENTIALITY: The Water Provider and Promise agree that any information and data obtained
as to personal facts and circumstances related to households as part of the performance of this
Agreement shall be collected and held confidential, during and following the term of this Agreement,
and shall not be disclosed without the individual’s and VDSS’s written consent except as required
pursuant to order of a court of competent jurisdiction and as required by law, including the Virginia
Freedom of Information Act.
d. FRAUD: The Water Provider will be permanently disqualified from participating in the LIHWAP
upon the first finding that the Water Provider has committed LIHWAP fraud. Fraud includes, but is
not limited to, intentionally providing false information to Promise or knowingly allowing others to
do so; intentionally failing to notify Promise of a change in circumstances that materially affects
payments received by the Water Provider; intentionally accepting payments that the Water Provider
knows, or by the exercise of reasonable diligence would know, the Water Provider is not entitled to
by virtue of an overpayment or otherwise; or intentionally making a claim for a payment to which the
Water Provider is not entitled pursuant to the terms of this Agreement and all applicable rules,
regulations, laws and statutes. In the event the Water Provider receives payment from Promise that Non-Signature CopyPage 51 of 137
6
the Water Provider is not entitled to as a result of the Water Provider’s fraud, the Water Provider
must repay the payment unless contrary to a court order.
e. NON-FRAUD OVERPAYMENTS: If the Water Provider receives an overpayment from Promise, the
Water Provider shall repay the overpayment amount to Promise within ten (10) business days.
g. DUE AUTHORIZATION. The persons executing this Agreement represent and warrant to the other
party that he or she has been duly authorized to so execute this Agreement.
h. SEVERABILITY. If any provision of this Agreement or the application thereof to any person or
circumstance is held to be invalid, the invalidity shall not affect other provisions of this Agreement,
which shall be given effect without regard to the invalid provision or application.
i. GOVERNING LAW. This Agreement shall be governed by the laws of the Commonwealth of Virginia,
excepting its laws regarding the conflict of laws.
j. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed to by the
parties. No other agreements, oral or written, are valid or bind the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement. The parties to this agreement
acknowledge the responsibilities, specified above, and will provide the accomplishment of this service in
a mutually acceptable and efficient manner.
Non-Signature CopyPage 52 of 137
7
BY SIGNING BELOW, THE WATER PROVIDER INDICATES ITS DESIRE TO PARTICIPATE IN THE VA
LIHWAP AND AGREES TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT.
VIRGINIA DEPARTMENT OF SOCIAL SERVICES
_____________________________________
By: Michelle Skaggs, Director of General Services DATE
PROMISE NETWORK INC.
_____________________________________
By: Diana Frappier, CLO DATE
Water Provider (Legal Name):_______________________________________________________
Doing Business As Name (if applicable):
Signature of Authorized Representative: _____________________________________________
Printed Name of Authorized Representative: __________________________________________
Title of Authorized Representative: __________________________________________________
Date: __________________________________________________________________________
Non-Signature CopyPage 53 of 137
7.g.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: FRC Re-Appointment: Ward Rowland (Tunstall District)
Staff Contact(s): Kaylyn McCluster
Agenda Date: February 21, 2023 Item Number: 7.g.
Attachment(s): 1. 02-14-2023 Ward Rowland - Fire and Rescue
Commission
Reviewed By:
SUMMARY:
Ward Rowland (“Rowland”) is currently the Fire and Rescue Commission's
("FRC") Tunstall District Representative. His term will expire on March 15, 2023,
and Supervisor Ingram desires to re-appoint Rowland for a new four (4)-year
term beginning on March 16, 2023, and ending on March 16, 2027.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
Supervisor Ingram recommends the Board re-appoint Rowland as the FRC
Tunstall District Representative for a new four (4)-year term beginning on March
16, 2023, and ending on March 16, 2027.
MOTION:
"I make a Motion to re-appoint Rowland as the FRC Tunstall District
Representative for a new four (4)-year term beginning on March 16, 2023, and
ending on March 16, 2027."
Page 54 of 137
Page 55 of 137
7.h.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: FRC Re-Appointment: Tim Cassell (Westover District)
Staff Contact(s): Kaylyn McCluster
Agenda Date: February 21, 2023 Item Number: 7.h.
Attachment(s): None
Reviewed By:
SUMMARY:
Tim Cassell (“Cassell”) is currently the Fire and Rescue Commission's ("FRC")
Westover District Representative. His term will expire on March 15, 2023, and
Supervisor Scearce desires to re-appoint Cassell for a new four (4)-year term
beginning on March 16, 2023, and ending on March 16, 2027.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
Supervisor Scearce recommends the Board re-appoint Cassell as the FRC
Westover District Representative for a new four (4)-year term beginning on
March 16, 2023, and ending on March 16, 2027.
MOTION:
"I make a Motion to re-appoint Cassell as the FRC Westover District
Representative for a new four (4)-year term beginning on March 16, 2023, and
ending on March 16, 2027."
Page 56 of 137
7.i.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Town of Chatham/County Revised Master Water and
Sewer Agreement Execution Approval
Staff Contact(s): Chris Adcock
Agenda Date: February 21, 2023 Item Number: 7.i.
Attachment(s): 1. Water Sewer Agreement TOC-Pitt Co.02-14-
23_FINAL
Reviewed By:
SUMMARY:
Over the past several months, County Staff and Supervisor Warren (as
appointed by the Board as a representative) have been negotiating with Town
of Chatham Staff and Town Council Members to consolidate and update the
various water and wastewater agreements that have existed between the
Town and the former Pittsylvania County Service Authority since at least
1982. The consolidated and revised agreement will help to eliminate service
territory confusion and will simplify billing between the Town and County. For
the Board's review and consideration, attached is a revised Town of
Chatham/County Master Water and Wastewater Agreement evincing the
same.
FINANCIAL IMPACT AND FUNDING SOURCE:
The County is transferring some customers to the Town, but will be eliminating
some maintenance and future facility replacement obligations for the
County. Therefore, County Staff expects the cost difference to be negligible
over the long term.
RECOMMENDATION:
County Staff recommends the Board approve the attached, revised Town of
Chatham/County Master Water and Wastewater Agreement as presented.
MOTION:
Page 57 of 137
"I make a Motion to approve the execution of the attached, revised Town of
Chatham/County Master Water and Wastewater Agreement as presented.”
Page 58 of 137
Page 1 of 26
WATER & WASTEWATER AGREEMENT
This AGREEMENT, made this the 1st day of March, 2023, (the “Effective Date”) by and
between the TOWN OF CHATHAM, a Virginia municipal corporation, hereafter known as the
TOWN, and the COUNTY OF PITTSYLVANIA, a political subdivision of the Commonwealth
of Virginia, hereafter known as the COUNTY.
WITNESSETH:
WHEREAS, the Town owns and operates a state-approved water production facility
located at 781 Moses Mill Road, Chatham, Virginia 24531 with sufficient capacity to provide
potable water to its own customers and those of the County located in the surrounding contiguous
areas;
WHEREAS, the Town also owns and operates a state-approved wastewater treatment
facility located off of Hill Crest Lane in Chatham, Virginia with sufficient capacity to receive and
treat wastewater from its own customers and those of the County located in the surrounding
contiguous areas;
WHEREAS, the Pittsylvania County Service Authority (PCSA), an independent entity
established under the provisions of the Virginia Water and Sewer Authorities Act with operational
control of providing water and sewer services in unincorporated areas of the County, was officially
and formally dissolved on June 15, 2021, via County Resolution #2021-06-01. The control of
water and sewer services in the unincorporated areas of the County now resides with the
Pittsylvania County Department of Public Works;
WHEREAS, the County owns and operates the 500,000-gallon elevated water storage tank
located adjacent to the Green Rock Correctional Facility; and
WHEREAS, to provide water and wastewater treatment service appropriate to the needs
of its water and wastewater system customers in the most economic manner, the County wishes to
avail itself of the Town’s potable water supply and wastewater treatment capabilities where
practicable in areas contiguous to the Town.
NOW, THEREFORE, in consideration of the foregoing, the parties here to do mutually
agree as follows:
Replacement of Existing Obligations: This Agreement supersedes and voids all existing
agreements between the Town, PCSA and the County for water and for sewer (wastewater)
services, including, but not limited to the “User Agreement” dated August 19, 1982, between the
Town and PCSA and all subsequent agreements or amendments issued thereafter; Agreement
dated December 31, 1991, between the Town and PCSA and all subsequent agreements or
amendments issued thereafter; the “Additional Service and Tank Construction Agreement” dated
January 16, 2007, between the Town and PCSA; and the Service Area and Booster Station
Construction Agreement dated November 1, 2020, between the Town and PCSA.
Page 59 of 137
Page 2 of 26
The term of this Agreement shall be for a period of ten (10) years commencing on the 1st
day of March, 2023 and shall automatically renew for an additional ten (10) year period, unless
either party notifies the other party not less than ninety (90) days prior to the renewal date that it
desires to terminate or modify the agreement.
1. Definitions:
a. Chatham Service Area shall mean See Exhibit “A” Maps of Chatham
Water/Wastewater Treatment Service Area
2. Quantity and Delivery: The Town shall furnish the County, at mutually agreed
upon delivery points, during the term of this contract or any renewal or extension thereof, potable
treated water meeting applicable purity standards of the Virginia Department of Health (VDH) in
such quantity as may be required by the County up to the County’s current VDH-Office of
Drinking Water, Waterworks Operation Permit required amount. Any quantity higher than the
VDH Permit required amount per day must be requested in advance and the Town will use
reasonable efforts to provide such quantity based on the availability of water in the Town system.
This quantity shall be the balance of the water treatment plant capacity above 750,000 gallons per
day which is the Town’s reserve capacity. The total plant capacity shall be as outlined in the
Town’s current VDH-Office of Drinking water, Waterworks Operation Permit. The Town shall
also furnish the County with state-approved wastewater treatment capacity at mutually agreed
upon delivery points with an allocation not to exceed 135,000 gallons per day.
a. Water Storage Allocation: In conjunction with the allocated water quantity, the
Town agrees to allocate storage capacity as outlined in the Town’s current
VDH-Office of Drinking water, Waterworks Operation Permit to support the
County’s various consecutive systems between the Town and County.
3. Operation of Facilities: The Town shall operate and maintain the water production
and wastewater treatment facilities in an efficient and economical manner, making all necessary
and proper repairs and replacements, consistent with good business and operating practices for
comparable facilities and in accordance with applicable standards of regulatory bodies.
4. Transfer of Ownership and Maintenance Responsibilities
The Town shall accept ownership of and assume all operational and maintenance
responsibilities of the following County facilities:
a. Prison Tank: A 500,000-gallon elevated water storage tank located adjacent
to the Green Rock Correctional Facility.
b. A ten-inch (10”) water distribution main and associated valves and fittings that
connects the Green Rock tank to the Town’s water system. The water
distribution main line is generally described as beginning at its connection to
the Town’s system at the intersection of Tightsqueeze Road and Tightsqueeze
Industrial Road and running in a westerly direction along Tightsqueeze Road,
then running north along Beverly Heights Road until it connects to the Town’s
Page 60 of 137
Page 3 of 26
system and is shown on the plans identified as “Off-Site Water System
Improvements,” Project No. 7647-15, as prepared by Thompson & Litton, dated
as “issued for bidding on February 20, 2006” and on file with the Pittsylvania
County Department of Public Works.
c. A sewer line and manholes running from Green Rock prison to its connection
with the Town’s system located east of Beverly Heights Road and west of the
Norfolk Southern train tracks.
d. All gravity sewer lines, manholes and forcemains serving the Tightsqueeze
Industrial Park (also known as Chatham South Industrial Park), running from
the sewer pump station in a northerly direction and then north along
Tightsqueeze Industrial Road, east along Tightsqueeze Road (Route 703) , to
the north along the west side of Tightsqueeze Plaza and along U.S. Highway 29
to the connection of the Town’s sewer line on the east side of Highway 29 and
shall include the line servicing the businesses on the east side and fronting
Highway 29. These facilities are as shown on the plans entitled “Sanitary Sewer
System, Chatham South Industrial Park, Project 92-2S", as prepared by
Dewberry & Davis and dated January 1992, and on the plans entitled
“Pittsylvania County Service Authority, Cherrystone Interceptor” as prepared
by Olver Inc., dated August 16, 1982 and issued for bidding on April 18, 1983.
e. All gravity sewer lines, manholes and forcemains in the northern portion of the
Chatham Service Area running along or serving properties along Hodnetts Mill
Road , Pine Street, White Steet, North Main Street (Highway 29 north
business), and, Clarktown Church Road. These facilities are further identified
on the plans entitled: “Sewer Improvements, North Chatham Sewer Facilities”
as prepared by Mattern & Craig as revised on March 27, 1990; and the plans
entitled: “Chatham North Industrial Park, Sanitary Sewer / Force Main”, as
prepared by Dewberry & Davis, record drawings dated November 14, 1990.
These lines include sewer service to the Chatham Industrial Park located at My
Twin Lane.
f. The Town will also assume all existing County customers associated with these
facilities.
5. Pump Station Facilities Lease, Operation, and Upgrade Responsibilities:
a. Generally: For good and valuable consideration in the sum of ONE DOLLAR
($1.00), the receipt and adequacy of which are hereby acknowledged by the
County, the County does hereby lease to the Town, with all operational rights,
the following Facilities:
i. The sewer pump station serving the Tightsqueeze Industrial Park (also
known as Chatham South Industrial Park).
Page 61 of 137
Page 4 of 26
ii. The sewer pump station known as the “Hodnett’s Mill Pump Station” and
serving the Chatham North area as further identified in item 4.e. above.
iii. The sewer pump station known as the “Chatham North Industrial Park
Pump Station” which serves the Chatham North Industrial Park and other
areas.
b. Term of Lease: The lease shall have the same term as the initial term of this
Agreement (ten (10) years from March 1, 2023). At the end of the initial term,
the parties will assess the need for the continuation of the lease based on the
current obligations of the County to the Economic Development Authority
(“EDA”) pursuant to the 2022 grant received by the County for repairs/upgrades
to the pump stations at that time. In the event the County still has obligations
pursuant to the grant, the term of the lease will renew with this Agreement for
an additional ten (10) years. However, upon the fulfillment of the County’s
obligations to the EDA, the lease will automatically terminate and ownership
of the pump stations will transfer automatically to the Town. The County shall
notify the Town within sixty (60) days of the fulfillment of all obligations to
the EDA.
c. No Warranties: The Town acknowledges (i) that the County has not made any
representations regarding the physical condition of the Facilities; and (ii) that
there are no warranties, either express or implied, regarding the conditions of
the Facilities. The Town hereby leases and accepts the Facilities “AS IS” and
“WITH ALL FAULTS.”
d. Upgrade Responsibilities: The County will upgrade and make needed repairs
to these facilities in accordance with an EDA grant received by the County for
such repairs/upgrades. The County does not guarantee the type of repairs or
upgrades that will be made to each station only to the extent that is outlined in
the grant documents.
e. Use and Operation: The Town, at its sole expense, shall use, occupy, and
operate the Facilities throughout the term of the lease in compliance with all
applicable rules, regulations, and laws and shall hold the County harmless from
any expense or liability therefor.
f. Maintenance and Repairs: The Town, at its sole expense, shall keep and
maintain the Facilities and every part thereof and any and all appurtenances
thereto wherever located, in good order, operating condition, and repair
(including any replacement and restoration as is required to keep the same in
good order, operating condition, and repair).
g. Utilities: The Town shall contract for all utilities necessary for the operation of
the Facilities throughout the term of the lease and shall hold the County
harmless from any liability therefor.
Page 62 of 137
Page 5 of 26
h. Insurance: Throughout the term of this lease, the Town shall maintain
comprehensive public liability and property damage insurance, at the Town’s
sole expense, covering all conditions and operations on or upon the Facilities,
with coverage amounts of at least Two Million and 00/100 Dollars
($2,000,000.00), for damage to all property and for any occurrence resulting in
bodily and personal injury to, or death of, one or more persons and
consequential damages therefrom. All such insurance shall be provided by an
insurance carrier licensed to issue such coverage in the Commonwealth of
Virginia. The Liability Insurance shall indemnify the County and name the
County as an additional insured. Upon the execution of this Agreement, The
Town shall provide to the County a certificate or certificates of insurance
evidencing that all such insurance required by this Section is in full force and
effect.
i. Failure to Procure Insurance: In the event the Town shall fail to procure
insurance required under this Article and fail to maintain the same in force
continuously during the Term and fails to reinstate in full force and effect such
coverage within ten (10) days after notice from the County, the county shall be
entitled to procure the same and the Town shall immediately reimburse the
County for such costs and expenses of procurement.
6. Meter Responsibilities:
a. Metering Equipment: Any necessary metering equipment required for properly
measuring the quantity of water delivered by the Town to the County shall be
designed, planned, and coordinated by the Town. Two (2) meters will be
installed; one (1) will be installed on the main service line on Samuel Harris
Lane to monitor water flow south and one (1) will be installed in a vault located
on the east side of Highway 29 where it intersects the Dominion Energy
Powerline right away in the vicinity of 18812 HWY 29. The cost shall be
covered by The Town through the Virginia Department of Health ARPA award
Project Number CSFRF -05 dated 12 April 2022 . Such metering equipment
shall be calibrated whenever requested by the County but not more frequently
than once every twelve (12) months. A meter registering not more than two
percent (2%) above or below the test result shall be deemed to be accurate.
b. Metering Adjustments: The previous readings of any meter disclosed by test to
be inaccurate shall be corrected for the two (2) months prior to such test in
accordance with the percentage of inaccuracy found by such tests. If any meter
fails to register for any period, the amount of water furnished during such period
shall be deemed to be the amount of water delivered in the corresponding period
immediately prior to the failure, unless the County and Town shall agree upon
a different amount.
Page 63 of 137
Page 6 of 26
7. Billing Procedure: The metering equipment shall be read quarterly based on the
regular town schedule. An appropriate official of the County shall have access, at all reasonable
times, to the meter for the purpose of verifying its readings. The Town shall bill the County
quarterly for water usage in accordance with the Town’s customer service policies. The Town shall
furnish the County with an itemized statement of the amount of water furnished the County during
the preceding quarter.
8. Rates and Payment: The County shall pay the Town for metered water and sewer
usage based on the Audited Cost of Production as outlined below.
a. Audited Cost of Water Production: The Town’s audited cost of production shall
be calculated every three years based upon the prior fiscal year’s finalized
financial audit and includes the following variables: Water Treatment Plant
Operating Expenses: The Town shall account for annual routine operating costs
at its water treatment plant (WTP) located at 781 Moses Mill Road, Chatham,
VA. Routine operating costs include but are not limited to, salary and benefits
of WTP employees, utilities, chemicals, permits, supplies, and other related
items integral to the operation of the WTP.
i. Water Treatment Plant Capital Expenditures: The Town shall account
for capital expenditures incurred at its water treatment plant. Capital
expenditures are plant-related improvements occurring less frequently
than annually, are included in the Town’s long-range Capital
Improvements Plan (CIP) and are financed using the Town’s funds
within a fiscal year. Capital expenditures include, but are not limited
to, such items as pump and valve replacements, monitoring and/or
testing equipment replacement, backwash lagoon dredging, roof
replacement and other plant-related items included in the Town’s CIP.
Expenditures made in accordance with this category cannot be included
in item #3 “Debt Service.”
ii. Water Treatment Plant Debt Service: The Town shall account for future
debt service expenditures incurred for its water treatment plant. Debt
service expenditures include principal and interest expenses and
associated financing fees for debts incurred for improvements to the
water treatment plant.
iii. Water Treatment Plant Production: The town shall meter and account
for the total volume of finished water produced at its water treatment
plant that is supplied to the water distribution system. The finished
water production volume total excludes water used for the water
treatment plant backwashing and operations.
iv. Sample Water Production Cost Calculations: See Exhibit “B”
Page 64 of 137
Page 7 of 26
b. Water Bill Rebate: The Town will provide a water bill rebate to the County, for
a period of ten (10) years after the Effective Date of this Agreement. The rebate
will be calculated based on the net difference between the Town’s sewer
charges at their current sewer rate and the County’s sewer charges based on
their former sewer rate as applied to the former County sewer customers
transferred to the Town (customers listed in Table 2). An example calculation
is shown in Table 1. The rebate shall be applied to the County’s quarterly water
bill.
c. Annual Water Rate Adjustment: The Town shall modify the bulk water rate
annually, based upon the CPI as reported in December of each year, for the next
fiscal year, on or about July 1st, the beginning of the new fiscal year. Either
party may request a production cost audit prior to the three-year planned audit.
Any “early” audit will use the Town’s previous year finalized audited costs.
9. Audited Cost of Sewer Treatment:
a. Audited Cost of Sewer Treatment: The Town’s audited cost of wastewater
treatment shall be calculated every three years based upon the prior fiscal year’s
financial audit and includes the following variables:
i. Wastewater Treatment Plant (WWTP) Operating Expenses: The Town
shall account for annual routine operating costs at the WWTP. Routine
operating costs include but are not limited to, salary and benefits of
facility employees, utilities, chemicals, permits, supplies, and other
related items integral to the operation of the WWTP.
ii. Wastewater Treatment Plant Capital Expenses: The Town shall account
for capital expenditures incurred at its wastewater treatment plant.
Capital expenditures are plant-related improvements occurring less
frequently than annually, are included in the Town’s long-range Capital
Improvements Plan (CIP) and are financed using the Town’s funds
within a fiscal year. Capital expenditures include, but are not limited
to, such items as pump and valve replacements, monitoring and/or
testing equipment replacement, non-annual maintenance expenditures,
roof replacement and other plant-related items included in the Town’s
CIP. Expenditures made in accordance with this category cannot be
included in item #3 “Debt Service. “Wastewater Treatment Plant Debt
Service: The Town shall account for future debt service expenditures
incurred for its wastewater treatment plant. Debt service expenditures
include principal and interest expenses and associated financing fees for
debts incurred for improvements to the wastewater treatment plant.
iii. Wastewater Treatment Plant Production: The town shall meter
quarterly and account for the total volume of wastewater treated at its
facility.
Page 65 of 137
Page 8 of 26
iv. Surcharge for Abnormal Waste Strength and Characteristics: Charges
for the treatment of abnormal waste strength or characteristics that may
be determined by the Town in accordance with its sewer use ordinance
rules and regulations.
v. Sample Waste Water Treatment Cost Calculations: See Exhibit “C”
10. Annual Wastewater Rate Adjustment: The Town shall modify the wastewater rate
annually, based upon the CPI as reported in December of each year, for the next fiscal year, on or
about July 1st, the beginning of the new fiscal year. Either party may request a production cost
audit prior to the three-year planned audit. Any “early” audit will use the Town’s previous year
finalized audit costs.
11. County Landfill Leachate Volume: The County is authorized to pump leachate
from the Pittsylvania County Landfill into the Town sewer system via a line to the Times Fiber
Pumping Station in the Tightsqueeze Industrial Park. The volume and timing of the leachate
delivery will be agreed on by the Town to not create a violation of DEQ permits and operating
limits of the Wastewater Treatment Plant. All delivery of leachate requires verbal communication
with Town Wastewater Plant personnel prior to the start of pumping operations. The County will
certify rate and volume of leachate volume pumped from the County Landfill to the Town system
via a drawdown test coordinated with the Town Wastewater Treatment Plant. This test will be
conducted every three years. Either party may request an “early” verification test. The County may
choose to install a meter at the County landfill leachate pumping facility which, if installed, would
be used to determine the leachate volume in lieu of the drawdown tests. This meter would be
subject to the same calibration and adjustment requirements as outlined in Item 6 above. The
Town will bill the County quarterly for the volume of leachate pumped into the Town sewer
system.
12. Indemnification. The County agrees to indemnify and hold the Town harmless
from any and all liability, loss, damages, costs, and expenses which the Town may incur, including,
but not limited to, fines from DEQ, costs or expenses and attorneys’ fees, which are directly or
indirectly related to a violation by the County of any DEQ permits or operating limits at the Town’s
Wastewater Treatment Plant as set forth in Section 11 above.
13. Limitation of Liability. No covenant, agreement or obligation, contained in this
Agreement shall be deemed to be a covenant, agreement or obligation of any past, present or future
office, director, employee or agent of the Town or the County in his or her individual capacity,
and neither the directors, officers, employees, or other agents of the Town or the County shall be
liable personally under this Agreement or subject to any personal liability or accountability by
reason of the execution and delivery hereof.
14. Notices. Any notice required or contemplated to be given to a party by the
other party shall be in writing and shall be given by hand delivery, certified or registered
United States Postal Service mail, or a private courier service which provides evidence of
receipt as part of its service as follows:
Page 66 of 137
Page 9 of 26
If to the Town: Mayor
Town of Chatham
16 Court Place
Post Office Box 370
Chatham, Virginia 24531
If to the County: Director
Pittsylvania County Department of Public Works
1 Center Street
Post Office Box 426
Chatham, Virginia 24531
Any party may change the address to which notices hereunder are to be sent to it by giving
written notice of such change in the manner provided herein. A notice given hereunder shall be
deemed given on the date of hand delivery, deposit with the United States Postal Service properly
addressed and postage prepaid, or delivery to a courier service property addressed with all charges
prepaid, as appropriate.
15. Severability. If any provision of this Agreement shall be held invalid by any court
of competent jurisdiction, such holding shall not invalidate any other provision hereof.
16. Successors and Assigns. The Agreement shall be binding, to inure to the benefit of
and be enforceable by the parties and their respective successors and assigns.
17. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be an original, all of which together shall constitute but one and the same
instrument.
18. Amendment, Modification and/or Supplement. The parties may amend, modify or
supplement this Agreement in such manner as may be agreed upon the by the parties provided
such amendments, modifications, and or supplement are reduced to writing and signed by the
parties or their successors in interest.
Additional Information
1. Table 1 is the Annual CPI escalation clause, provided by the Town and Rebate
Formula Example
2. Table 2 is the list of County sewer customers and billing rates, transferred to the
Town
3. Exhibit A: Maps of Chatham Water/Wastewater Treatment Service Area
4. Exhibit B: Sample Water Production Cost Calculations
5. Exhibit C: Sample Waste Water Treatment Cost Calculations
Page 67 of 137
Page 10 of 26
IN WITNESS WHEREOF, the Parties have hereunto set their hands and affixed their
seals, the day and year first above written.
TOWN OF CHATHAM, a Virginia municipal
corporation
By:
Alisa Davis, Mayor
ATTEST:
By:
Kelly Hawker, Town Clerk/Treasurer
COUNTY OF PITTSYLVANIA, a political
subdivision of the Commonwealth of Virginia
By:
Darrell Dalton, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
By:
Print Name:
Title:
Page 68 of 137
Page 11 of 26
TABLE 1
ANNUAL CPI ESCALATION CLAUSE:
CPI for all Urban Consumers (CPI-U), Water and sewerage maintenance in U.S. city
average, all urban consumers, not seasonally adjusted.
(Website: https://data.bls.gov/timeseries/CUUR0000SEHg01)
Reference period is annual rate (average of 1st half and 2nd half rate)
Frequency of Adjustment = Annually, with a new audited base payment every three years
Base Payment = Audited cost of drinking water production ($0.00619) or waste water
production ($0.0069)
Floor is last audited production costs. Ceiling will not exceed CPI-U of 8.0
Example of adjustment calculations: (using 2020 and 2021 CPI-U rate for water sewer
maintenance)
- Drinking Water year 2: base + Year Avg CPI-U x base payment
- 1.00305 x .00619 = .00621/gal
- Waste Water year 2: 1.00305 x .0069 = .00692/gal
- Drinking Water year 3: base + Year Avg CPI-U difference from previous year x
previous year payment
- 1.001 x .00621 = .00621/gal
- Waste Water year 3: 1.001 x .00692 = .00693/gal
QUARTERLY REBATE EXAMPLE
(All rates are for example only actual rates will be used for calculations)
Water rates are based on “per 1000 gallons of use”
- Town Rate to Customer = $9.88 (is $.0098 per gal)
Sewer rates are based on “per 1000 gallons of water use”
- Town Sewer Rate to Customer = $13.75 (is $.01375/gal)
- Pitt Co. Sewer Rate to Customer = $.00858/gal
EXAMPLE BILL:
Customer #1: sewer usage based on the water meter reads 9000 gallons, so the Customer Sewer
bill at Town rate: 9000 x $.01375/gal = $123.76
- Customer Sewer Bill at County rate: 9000 x $.00858 = $77.22
Page 69 of 137
Page 12 of 26
- Customer #1 Sewer Bill rebate back to Pitt Co. from Town is: $123.76 – $77.22 =
$46.54
Customer #2: sewer usage based on the water meter reads 11000 gallons, so the Customer Sewer
bill at Town rate: 11,000 x $.01375/gal = $151.25
- Customer Sewer Bill at County rate: 11,000 x $.00858 = $94.38
- Customer #2 Sewer Bill rebate back to Pitt Co. from TOC is $151.25 - $94.38 = $56.87
So, for example if the Pitt Co. Water Bill from Robin Court Meter = $10,000.00 + Samuel Harris
Lane Meter = $10,000.00 / Total = $20,000.00
Then the Rebate Adjustment is from the Town is $20,000.00 – (Customer #1 sewer bill difference
($46.54) + Customer #2 sewer bill difference ($56.87), + Customer #3, etc.) = $19,896.59 (Water
bill based on meters minus the difference between the Town sewer charge and the Pitt Co. sewer
charge)
Page 70 of 137
Page 13 of 26
TABLE 2
LIST OF COUNTY SEWER CUSTOMERS TO BE TRANSFERRED TO TOWN
and
CURRENT BILLING RATES
CUSTOMER Account # ADDRESS RATE
Pitts County School Board-Chatham High 2904 100 Chatham Cavalier Cir SW CHAT - 29 REs
Pitts County Sheriff's Dept 5319 121 Tightsqueeze Plaza SW CHAT
Golden Skillet 2918 13629 US Hwy 29 SW CHAT
Tiger Mart 2917 13641 US Hwy 29 SW CHAT
Boddie-Noell Enterprises 2879 13689 US Hwy 29 SW CHAT
Associated Services Corp 2898 13701-1 US Hwy 29 North SW CHAT
Doll's Medical Transport 3605 13701-3-4 US Hwy 29 North SW CHAT
URW Federal Credit Union 2897 13701-5 US Hwy 29 North SW CHAT
Tasty Hut, LLC C/o Engie Insight-Ms
9479 8374 13701-6 US Hwy 29 North SW CHAT
Adv Store 2128 2881 13701-A-2 US Hwy 29 North SW CHAT
Goodwill Industries Of The Valleys Inc 8325 13701-A-5 US Hwy 29 North SW CHAT
R3 Fitness 8380 13701-A-6 US Hwy 29 North SW CHAT
Goodwill Industries Of The Valleys Inc 8326 13701-B US Hwy 29 North SW CHAT
Dollar General 3530 13701-B-4 US Hwy 29 North SW CHAT
Food Lion LLC #464 2891 13701-G US Hwy 29 North SW CHAT
Russell Cellular Inc / Jeff Russell 8312 13701-G-8 US Hwy 29 North SW CHAT
Kzds Personal Care Services 7386 13701-L-2 US Hwy 29 North SW CHAT
Roses Store-502 2883 13701-M US Hwy 29 North SW CHAT
ABC Board #283 2886 13701-P US Hwy 29 SW CHAT
South End Leasing 6599 13784 US Hwy. 29 SW CHAT
Gpm Investments 4532 13869 US Hwy 29 SW CHAT
American National Bank 2865 13880 US Hwy. 29 SW CHAT
Perfect Nails 3921 13900 US Hwy. 29 SW CHAT
Shorter Inc 8692 13901 US Hwy 29 SW CHAT
Lotus Chinese 8391 13902 US Hwy. 29 SW CHAT
O'kellys 2868 13904 US Hwy. 29 SW CHAT
Sellers Insurance 6291 13906 US Hwy. 29 SW CHAT
Minesh Shah, MD 8678 13908 US Hwy. 29 SW CHAT
Knyla Harris Photography 8411 13910 US Hwy. 29 SW CHAT
Davita Dialysis 1 2872 13912 US Hwy. 29 SW CHAT
Davita Dialysis 2 5867 13912 US Hwy. 29 SW CHAT
Davita Dialysis 3 5868 13912 US Hwy. 29 SW CHAT
Page 71 of 137
Page 14 of 26
Frank's Pizza 1 3347 13914 US Hwy 29 SW CHAT
Frank's Pizza 2 4869 13915 US Hwy 29 SW CHAT
Danville Orthopedic 2874 13920 US Hwy 29 SW CHAT
Giles, Lewis P 5506 13924 US Hwy 29 SW CHAT
Harris, Zachary T 8681 13926 US Hwy 29 SW CHAT
Alhaimi, Najib M 8401 13928 US Hwy 29 SW CHAT
San Marcos Mexican Restaurant 5306 13950 US Hwy 29 SW CHAT
Jr & Jb Realty, LLC 6830 13995 US Hwy 29 SW CHAT
Atkinson, J R 4024 14277 US Hwy 29 SW CHAT
Cherrystone Vet Hospital 7445 14390 US Hwy 29 SW CHAT
Cherrystone Outdoor 8087 14512 US Hwy 29 SW CHAT
Truist Bank 3510 148 Tightsqueeze Plaza SW CHAT
Lgk Of Tightsqueeze, Inc 6449 220 Tightsqueeze Road SW CHAT
Times Fiber Communications 2907 380 Tightsqueeze Ind. Rd SW CHAT
Times Fiber Communications 2908
APT A Tightsqueeze Industrial
Rd SW CHAT
Times Fiber 2909
APT B Tightsqueeze Industrial
Rd SW CHAT
Plotkin-Brackin Associates 2914 385 Tightsqueeze Industrial Rd SW CHAT
Kay Geyer 8169 464 Hill & Dale Farm Road SW CHAT
Donnie Yeatts Building 4874 476 Tightsqueeze Road SW CHAT
Southern States Chatham Coop, Inc 6236 485 Tightsqueeze Industrial Rd SW CHAT
Dewberry, Alton & Carla 6245 512 Tightsqueeze Road SW CHAT
Gauldin, Cameron 8796 554 Tightsqueeze Road SW CHAT
Arkema, Inc PO-4501090208 2910 601 Tightsqueeze Industrial R SW CHAT
Arimar, Inc 2878 703 Tightsqueeze Ind Road SW CHAT
Dadant & Sons 6940 820 Tightsqueeze Industrial R SW CHAT
Roberts, William 3237 824 Tightsqueeze Industrial R SW CHAT
Pittsylvania County Community Action 2824 508 North Main Street SW CHAT FLAT
Pittsylvania County Community Action 8420 508-2 North Main Street SW CHAT FLAT
Abbott, James A & Melinda 2823 521 North Main Street SW CHAT FLAT
Haskins, Carmellier 6332 527 North Main Street SW CHAT FLAT
Saunders, Catherine 2819 532 North Main Street SW CHAT FLAT
Welle-Saldana, Alfredo 8495 533 North Main Street SW CHAT FLAT
Wright, Ray 4065 545 North Main Street SW CHAT FLAT
Yarborough, Priscilla 5360 551 North Main Street SW CHAT FLAT
Brown, Jay & Barbara 2959 557 North Main Street SW CHAT FLAT
Witcher, Angeline J 2810 613 North Main Street SW CHAT FLAT
Waller, John H 2809 619 North Main Street SW CHAT FLAT
Wright, Connie M 3846 620 North Main Street SW CHAT FLAT
Power Of Deliverance Church 2943 629 North Main Street SW CHAT FLAT
Page 72 of 137
Page 15 of 26
Nelson, Helen A 2804 638 North Main Street SW CHAT FLAT
Banks, Clyde Sr 3325 643 North Main Street SW CHAT FLAT
Wimbush, Tonya 3231 645 North Main Street SW CHAT FLAT
Howerton, Lola C 2808 649 North Main Street SW CHAT FLAT
Stone, Shirley Ann 2805 653 North Main Street SW CHAT FLAT
Carter, Reid Jr 2797 658 North Main Street SW CHAT FLAT
Jones, Tina R 6621 661 North Main Street SW CHAT FLAT
Little Mount Zion Holiness Church 2796 662 North Main Street SW CHAT FLAT
Berger, Katherine C 2795 668 North Main Street SW CHAT FLAT
Davis, Angela R 2790 675 North Main Street SW CHAT FLAT
Price, Elnora K 2788 677 North Main Street SW CHAT FLAT
Price, Elnora 2789 677-A North Main Street SW CHAT FLAT
Younger, Thelma 2961 685 North Main Street SW CHAT FLAT
Jones, Mary Ann 3020 687 North Main Street SW CHAT FLAT
Jones, Mary Ann 3207 689 North Main Street SW CHAT FLAT
Eastern Panel 1 6359 100 My Twinn Lane SW CHAT
Eastern Panel 2 100 My Twinn Lane SW CHAT
Townes, Lillie 2952 109 Chatham Elementary Lane SW CHAT FLAT
Good, Jonathan 4262 140 Chatham Elementary Lane SW CHAT FLAT
A & A Mechanical, Inc 2861 110 My Twinn Lane SW CHAT FLAT
Parks Of Chatham 2786 1152 North Main Street
SW CHAT FLAT - 39
UNITS
Petty, Jacqueline D 2846 12 Pine Street SW CHAT FLAT
Perkins, James C 2847 22 Pine Street SW CHAT FLAT
Barksdale, Emily V 2848 26 Pine Street SW CHAT FLAT
Calloway, Curtis 2849 36 Pine Street SW CHAT FLAT
Williams, Pamela L 6861 38-1 Pine Street SW CHAT FLAT
Tunstall, Davina C 6270 38-2 Pine Street SW CHAT FLAT
Portee, Javonna P 2855 42 Pine Street SW CHAT FLAT
Guildfield Heights Apartments 2955 45 Pine Street
SW CHAT FLAT - 30
UNITS
Wilson Memorial Baptist Church 2827 121 Hodnett Mill Road SW CHAT FLAT
Harris, Kaylin M 8288 161 Hodnett Mill Road SW CHAT FLAT
Tompkins, Ellawese 3748 220 Hodnett Mill Road SW CHAT FLAT
Ghee, Queen I 2829 268 Hodnett Mill Road SW CHAT FLAT
Harris, Nadia L 2831 280 Hodnett Mill Road SW CHAT FLAT
Jones, Betty S 4364 320 Hodnett Mill Road SW CHAT FLAT
Farrish, Daisy 7195 356 Hodnett Mill Road SW CHAT FLAT
Goggins, James A 2837 372 Hodnett Mill Road SW CHAT FLAT
Martinez, Ricardo 2871 416 Hodnett Mill Road SW CHAT FLAT
Bennett, Timothy W 8824 432 Hodnett Mill Road SW CHAT FLAT
Page 73 of 137
Page 16 of 26
Durham, Kenneth L 2835 462 Hodnett Mill Road SW CHAT FLAT
Davis, Arnetha W 2845 464 Hodnett Mill Road SW CHAT FLAT
Logan, Emma 2812 182 White Street SW CHAT FLAT
Wright, Jimmy 6832 193 White Street SW CHAT FLAT
Hodnett, Randy D 2816 285 White Street SW CHAT FLAT
Childress, Travis L 7714 332 White Street SW CHAT FLAT
Coleman, Ruth 2814 369 White Street SW CHAT FLAT
Torain, Barbara C 3688 205 Clarktown Church Road SW CHAT FLAT
Clark, Jean 2785 221 Clarktown Church Road SW CHAT FLAT
RATES:
Chatham Sewage Flat Rate “SW CHAT FLAT”: Customers are charged a flat rate of $44 per
billing period (two months), regardless of usage. Multiple residential equivalent units are billed
$44 times the number of units.
Chatham Sewage Per 1000 gallon rate “SW CHAT”: $44 per billing (two months) base rate with
an allowance of 8,000 gallons. Customers pay $7.50 for every 1,000 gallons used over the
allowance.
Page 74 of 137
Page 17 of 26
EXHIBIT “A”
MAPS OF CHATHAM WATER/WASTEWATER TREATMENT SERVICE AREA
Former County Waterlines Owned by Town – (Project No. C100-W)
Water Plan – (Project No. C101-W)
Water Plan - (Project No. C102-W)
Water Plan - (Project No. C103-W)
Former County Sewer Owned By Town – (Project No. C200-S)
Sewer Plan – (Project No. C201-S)
Sewer Plan – (Project No. C202-S)
Page 75 of 137
TOWN CORP. LIMITS
LEGEND
TOWN WATERLINE
COUNTY WATERLINE
ABANDONED WATERLINEA
54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC100-WTOWN OF CHATHAM, VIRGINIA
CHATHAM WATER AND
SEWER MAPS
TOWN OF CHATHAMFORMER COUNTYWATERLINESOWNED BY TOWN0----2/14/2023 9:37:32 AM
P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG
551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.NTSWATER TANK
WATER BOOSTER PUMP STATION
WATER ISOLATION VALVE
FIRE HYDRANT ASSEMBLY
BLOWOFF ASSEMBLY
FORMER COUNTY WATERLINE OWNED BY TOWN
FORMER COUNTY WATER ISOLATION VALVE OWNED BY TOWN
FORMER COUNTY FIRE HYDRANT ASSEMBLY OWNED BY TOWN
FORMER COUNTY WATER TANK OWNED BY TOWN
Page 76 of 137
A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC101-WTOWN OF CHATHAM, VIRGINIA
CHATHAM WATER AND
SEWER MAPS
TOWN OF CHATHAM
WATER PLAN0----2/14/2023 9:37:32 AM
P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG
551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C101-W
TOWN CORP. LIMITS
LEGEND
TOWN WATERLINE
COUNTY WATERLINE
ABANDONED WATERLINE
WATER TANK
WATER BOOSTER PUMP STATION
WATER ISOLATION VALVE
FIRE HYDRANT ASSEMBLY
BLOWOFF ASSEMBLY
FORMER COUNTY WATERLINE OWNED BY TOWN
FORMER COUNTY WATER ISOLATION
VALVE OWNED BY TOWN
FORMER COUNTY FIRE HYDRANT
ASSEMBLY OWNED BY TOWN
FORMER COUNTY WATER TANK OWNED BY TOWN
Page 77 of 137
A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC102-WTOWN OF CHATHAM, VIRGINIA
CHATHAM WATER AND
SEWER MAPS
TOWN OF CHATHAM
WATER PLAN0----2/14/2023 9:37:32 AM
P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG
551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C100-W
MATCHLINE SEE - SHEET C102-WTOWN CORP. LIMITS
LEGEND
TOWN WATERLINE
COUNTY WATERLINE
ABANDONED WATERLINE
WATER TANK
WATER BOOSTER PUMP STATION
WATER ISOLATION VALVE
FIRE HYDRANT ASSEMBLY
BLOWOFF ASSEMBLY
FORMER COUNTY WATERLINE OWNED BY TOWN
FORMER COUNTY WATER ISOLATION
VALVE OWNED BY TOWN
FORMER COUNTY FIRE HYDRANT
ASSEMBLY OWNED BY TOWN
FORMER COUNTY WATER TANK OWNED BY TOWN
Page 78 of 137
A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC103-WTOWN OF CHATHAM, VIRGINIA
CHATHAM WATER AND
SEWER MAPS
TOWN OF CHATHAM
WATER PLAN0----2/14/2023 9:37:32 AM
P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG
551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C101-WMATCHLINE SEE - SHEET C100-W
TOWN CORP. LIMITS
LEGEND
TOWN WATERLINE
COUNTY WATERLINE
ABANDONED WATERLINE
WATER TANK
WATER BOOSTER PUMP STATION
WATER ISOLATION VALVE
FIRE HYDRANT ASSEMBLY
BLOWOFF ASSEMBLY
FORMER COUNTY WATERLINE OWNED BY TOWN
FORMER COUNTY WATER ISOLATION
VALVE OWNED BY TOWN
FORMER COUNTY FIRE HYDRANT
ASSEMBLY OWNED BY TOWN
FORMER COUNTY WATER TANK OWNED BY TOWN
Page 79 of 137
SPS
(CAPACITY 205 GPM)
12"
8"
6"
10"
8"
8"
8"
15"
8"
8"
15"TANYARD BRANCH
18"
GRCC
LANDFILL LEACHATE SPS
4"NTSA54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC200-STOWN OF CHATHAM, VIRGINIA
CHATHAM WATER AND
SEWER MAPS
TOWN OF CHATHAMFORMER COUNTYSEWER OWNEDBY TOWN0----2/14/2023 9:37:32 AM
P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG
551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.TOWN CORP. LIMITS
TOWN GRAVITY SEWER
TOWN SEWER FORCE MAIN
LEGEND
FORMER COUNTY GRAVITY SEWER OWNED BY TOWN
FORMER COUNTY SEWER FORCE MAIN OWNED BY TOWN
TOWN SEWAGE PUMP STATION (SPS)
TOWN SEWAGE TREATMENT PLANT (STP)
FORMER COUNTY SEWAGE PUMP STATION (SPS) OWNED BY TOWN
COUNTY OWNED SEWER FORCE MAIN
COUNTY OWNED SEWAGE PUMP STATION (SPS)
Page 80 of 137
SPS
SPS
(CAPACITY 200 GPM)
(CAPACITY 125 GPM)
12"
8"
8"
8"
8"
12"
8"
15"
15"
TOWN OF CHATHAM STP
CHERRYSTONE SPS
(CAPACITY 200 GPM)
(CAPACITY 685,000 GPD)
6"
18"
8"
8"
15"TANYARD BRANCH
18"
18"
MANHOLE W/ SCREENING
INSTALL NEW 12"
GRAVITY SEWER
AG CENTER SPS
GRCC
800'0'1600'SCALE: 1" = 800'400'A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC201-STOWN OF CHATHAM, VIRGINIA
CHATHAM WATER AND
SEWER MAPS
TOWN OF CHATHAM
SEWER PLAN0----2/14/2023 9:37:32 AM
P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG
551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.MATCHLINE SEE - SHEET C201-S
TOWN CORP. LIMITS
TOWN GRAVITY SEWER
TOWN SEWER FORCE MAIN
LEGEND
FORMER COUNTY GRAVITY SEWER OWNED BY TOWN
FORMER COUNTY SEWER FORCE MAIN OWNED BY TOWN
TOWN SEWAGE PUMP STATION (SPS)
TOWN SEWAGE TREATMENT PLANT (STP)
FORMER COUNTY SEWAGE PUMP STATION (SPS) OWNED BY TOWN
Page 81 of 137
SPS
(CAPACITY 205 GPM)
6"
10"
8"
8"
8"
GRCC
LANDFILL LEACHATE SPS
4"A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC202-STOWN OF CHATHAM, VIRGINIA
CHATHAM WATER AND
SEWER MAPS
TOWN OF CHATHAM
SEWER PLAN0----2/14/2023 9:37:32 AM
P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG
551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C200-S
TOWN CORP. LIMITS
TOWN GRAVITY SEWER
TOWN SEWER FORCE MAIN
LEGEND
FORMER COUNTY GRAVITY SEWER OWNED BY TOWN
FORMER COUNTY SEWER FORCE MAIN OWNED BY TOWN
TOWN SEWAGE PUMP STATION (SPS)
TOWN SEWAGE TREATMENT PLANT (STP)
FORMER COUNTY SEWAGE PUMP STATION (SPS) OWNED BY TOWN
COUNTY OWNED SEWER FORCE MAIN
COUNTY OWNED SEWAGE PUMP STATION (SPS)
Page 82 of 137
Page 25 of 26
EXHIBIT “B”
SAMPLE WATER PRODUCTION COST CALCULATIONS
The following is an example calculation, showing how the rate would be calculated:
i. WTP Operating Expenses (FY 2021 Audit) ................................................$909,966.27
ii. WTP Capital Expenditures (FY 2021 Audit)..........................................................$0.00
iii. WTP Debt Service (FY 2021 Audit) ......................................................................$0.00
iv. Total Annual Audited Cost of Production ...................................................$909,966.27
v. Total Finished Water Produced to
Distribution System (FY 2021) ...................................................... 146,790,000 gallons
vi. Audited WTP Production Cost per 1,000 gallons (= Total Annual Production Cost
($909,966.27) / Gallons produced (146,790,000)) ........................ $6.19 / 1,000 gallons
vii. Average Monthly Water Sales to Pittsylvania County
(example) ................................................................... 400,000 gallons Monthly County
viii. Quarterly Water Bill
(example) (400,000 gallons x $6.19/ 1000 gal) ...............................................$2,476.00
Page 83 of 137
Page 26 of 26
EXHIBIT “C”
SAMPLE WASTE WATER TREATMENT COST CALCULATIONS
The following is an example calculation, showing how the rate would be calculated:
i. WWTP Operating Expenses (FY 2021 Audit) ............................................$926,375.73
ii. WWTP Capital Expenditures (FY 2021 Audit) ......................................................$0.00
iii. WWTP Debt Service (FY 2021 Audit) ..........................................................$21,924.59
iv. Total Annual Audited Treatment Cost......................................................... $948,300.32
v. Total Wastewater Treated at the WWTP (FY 2021) ...................... 137,504,100 gallons
vi. Audited Wastewater Treatment Costs per 1000 gallons (=Total Annual Treatment
Cost ($948,300.32) / Total Gallons Treated (137,504,100)) ......... $6.90 / 1000 gallons
vii. Average Monthly Wastewater produced by Pittsylvania County
(example) ............................................................................................ 1,772,583 gallons
viii. Quarterly County Wastewater Bill (example)
(1,772,583 gallons x $6.90/ 1000 gal) ................................ $12,230.82 + any surcharge
Page 84 of 137
8.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Information Only
Agenda Title: General Presentations (Board of Supervisors); (if any)
Staff Contact(s): Kaylyn McCluster
Agenda Date: February 21, 2023 Item Number: 8.a.
Attachment(s): None
Reviewed By:
The Board will present any Proclamations, Resolutions, and/or Certificates
approved/adopted on the February Consent Agenda or at previous Meetings.
Page 85 of 137
10.a.1.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Cases
Agenda Title: Public Hearing: Case R-22-038: Myrtle Shields; Rezoning
from A-1, Agricultural District, to R-1, Residential Suburban
Subdivision District. The Planning Commission
recommended, by an 8-0 vote, with no opposition, that
the Petitioner's request be granted (Supervisor Warren).
Staff Contact(s): Emily Ragsdale
Agenda Date: February 21, 2023 Item Number: 10.a.1.
Attachment(s): 1. R-22-038 App
2. R-22-038 Map
Reviewed By:
SUMMARY:
In Case R-22-038, Myrtle Shields (“Petitioner”) has petitioned to rezone 0.31 acres
from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to
allow the property to be consolidated with an adjacent parcel zoned R-1). The
subject property is located on State Road 835/Pleasant Gap Drive, in the
Chatham-Blairs Election District, and shown on the Tax Maps as GPIN # 2412-38-
6637. Once the property is rezoned to R-1, all uses listed under Pittsylvania
County Code § 35-222 are permitted. On January 3, 2023, the Planning
Commission recommended, by an 8-0 vote, with no opposition, that the
Petitioner’s request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-22-038 as presented. The subject
property is adjacent to other properties currently zoned R-1, Residential
Suburban Subdivision District, and the rezoning would be consistent with the
County’s Comprehensive Plan.
Page 87 of 137
MOTION:
“In Case R-22-038, I make a Motion to approve the rezoning of 0.31 acres from
A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow
property lines to be adjusted.”
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10.a.2.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Cases
Agenda Title: Public Hearing: Case R-22-040: Harold and Celia
Hayden; Rezoning from A-1, Agricultural District, and R-1,
Residential Suburban Subdivision District, to A-1,
Agricultural District. The Planning Commission
recommended by an 8-0 vote, with no opposition, that
the Petitioners' request be granted. (Supervisor Dalton)
Staff Contact(s): Emily Ragsdale
Agenda Date: February 21, 2023 Item Number: 10.a.2.
Attachment(s): 1. R-22-040 App
2. R-22-040 Map
3. R-22-040 Plat
Reviewed By:
SUMMARY:
In Case R-22-040, Harold and Celia Hayden (“Petitioners”) have petitioned to
rezone 6.59 acres from A-1, Agricultural District, and R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District (to allow the property lines to be
adjusted). The subject property is located off of State Road 806/Ivory Branch
Road, in the Callands-Gretna Election District, and shown on the Tax Maps as
GPIN # 1477-14-0194. Once the property is rezoned to A-1, all uses listed under
Pittsylvania County Code § 35-178 are permitted. On January 3, 2023, the
Planning Commission recommended, by an 8-0 vote, with no opposition, that
the Petitioners’ request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Page 104 of 137
County Staff recommends approval of Case R-22-040 as presented. The subject
property is adjacent to other properties currently zoned A-1, Agricultural District,
and the rezoning would be consistent with the County’s Comprehensive Plan.
MOTION:
“In Case R-22-040, I make a Motion to approve the rezoning of 6.59 acres from
A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-
1, Agricultural District, to allow property lines to be adjusted.”
Page 105 of 137
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10.a.3.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Rezoning Cases
Agenda Title: Public Hearing: Case R-22-041: Claudia and Willie Aaron;
Rezoning from A-1, Agricultural District, and R-1,
Residential Suburban Subdivision District, to A-1,
Agricultural District. The Planning Commission
recommended by an 8-0 vote, with no opposition, that
the Petitioners' request be granted. (Supervisor Dalton)
Staff Contact(s): Emily Ragsdale
Agenda Date: February 21, 2023 Item Number: 10.a.3.
Attachment(s): 1. R-22-041 App
2. R-22-041 Map
3. R-22-041 Plat
Reviewed By:
SUMMARY:
In Case R-22-041, Claudia and Willie Aaron (“Petitioners”) have petitioned to
rezone 45.58 acres from A-1, Agricultural District, and R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District (to allow the property lines to be
adjusted). The subject property is located off of State Road 806/Ivory Branch
Road, in the Callands-Gretna Election District, and shown on the Tax Maps as
GPIN # 1477-03-1969. Once the property is rezoned to A-1, all uses listed under
Pittsylvania County Code § 35-178 are permitted. On January 3, 2023, the
Planning Commission recommended, by an 8-0 vote, with no opposition, that
the Petitioners’ request be granted. For the Board’s review, the County Staff
Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Page 115 of 137
County Staff recommends approval of Case R-22-041 as presented. The subject
property is adjacent to other properties currently zoned A-1, Agricultural District,
and the rezoning would be consistent with the County’s Comprehensive Plan.
MOTION:
“In Case R-22-041, I make a Motion to approve the rezoning of 45.58 acres from
A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-
1, Agricultural District, to allow property lines to be adjusted.”
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10.b.1.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Public Hearing
Agenda Title: PCC Chapter 43 Revisions (VA COIA Filing Forms)
Staff Contact(s): Kaylyn McCluster
Agenda Date: February 21, 2023 Item Number: 10.b.1.
Attachment(s): 1. 02-21-2023 Chapter 43 Revisions
Reviewed By:
SUMMARY:
Chapter 31 of the Code of Virginia outlines the Conflict of Interest Act for State
and Local Government, which includes annual disclosure statements that are
required to be filed. Virginia § 2.2-3115 was recently updated and now requires
Industrial Development Authority Members to file the Statement of Economic
Interest Form, instead of the Financial Disclosure Statement. County Staff was
also contacted by the Office of Children’s Services stating that all CPMT and
FAPT Members, who are Parent Representatives and/or Private Providers, need
to complete the Statement of Economic Interest form as well.
For the above reasons, Pittsylvania County Code (“PCC”), Chapter 43,
Disclosure of Personal Business Interests by County Officials and Employees,
needs to be updated to reflect said Virginia Code changes, and to bring all
other Boards and Commissions up to date with current filing requirements. There
are Boards that have been eliminated and created since the last update to
PCC Chapter 43. Finally, this year, the Virginia Conflict of Interest Advisory
Council sent communication that localities can determine if they will allow
electronic signature and acceptance of all annual filing forms. If so, localities
are required to adopt a written policy stating the same. County Staff believes
including this addition to PCC Chapter 43 will make the collection of filing forms
more efficient.
For the Board's review and consideration, a revised copy of PCC Chapter 43 is
attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
Page 127 of 137
Not applicable.
RECOMMENDATION:
After conducting the legally required Public Hearing, County Staff recommends
the Board approve the attached revisions to PCC Chapter 43 as presented.
MOTION:
"I make a Motion to approve the attached revisions to PCC Chapter 43 as
presented."
Page 128 of 137
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, February
21, 2023, at 7:00 p.m., at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to
receive citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 43,
Disclosure of Personal Interests by County Officials and Employees. A complete copy of the
proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street,
Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the
County’s website at www.pittsylvaniacountyva.gov.
Page 129 of 137
PITTSYLVANIA COUNTY CODE
CHAPTER 43
DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND
EMPLOYEES
§ 43-1. Purpose.
§ 43-2. When and by Whom Required.
§ 43-3. Additional Disclosure.
Page 130 of 137
CHAPTER 43
DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND
EMPLOYEES
SEC. 43-1. PURPOSE.
To enhance citizen confidence in local government, the disclosure statement of personal interests of
certain county officers and employees is required in accordance with the Virginia State and Local
Government Conflict of Interests Act (the “Act’). This Chapter does not apply to County
Constitutional Officers or the School Board. Said entities are responsible for their own disclosure
filings under the Act.
SEC. 43-2. WHEN AND BY WHOM REQUIRED.
At the time(s) prescribed by the Act, the following individuals shall be required to file the
following form(s):
A. Disclosure of Real Estate Holdings (Virginia Code § 2.2-3115(G)):
1. Planning Commission Members;
2. Board of Zoning Appeals Members;
3. Board of Assessors Members;
4. Real Estate Assessor(s); and
5.3. County Administrator.
B. Statement of Economic Interests (Virginia Code § 2.2-3115):
1. Board of Supervisor Members;
2. Industrial Development Authority Members;
3. CPMT and FAPT Members who are Parent Representatives or Private
Providers.
C. Financial Disclosure Statement (Virginia Code § 2.2-3115):
1. CPMT Members;
2. FAPT Members;
3. Library Board Members; and
3.4. Staunton River Regional Industrial Facility Authority Members.
SEC. 43-3. ADDITIONAL DISCLOSURE.
Nothing contained in this article shall be deemed to relieve any person subject to the Act from any
requirement of disclosure of his or her personal interest in a transaction of specific application, not
otherwise identified in the forms required hereby, or from the additional disclosures required by
Virginia Code § 2.2-3115. Nothing contained herein also prevents the Pittsylvania County Board
of Supervisors from requiring additional discretionary entities or individuals from making VA
COIA disclosures via Resolution. (B.S.M. 6/6/16 ), (B.S.M. 4/18/17)
Page 131 of 137
SEC. 43-4. SUBMISSION OF FORMS
Signature and submission of all forms are permitted electronically, via email, fax, or first-class mail.
Page 132 of 137
10.b.2.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Public Hearing
Agenda Title: Public Property Disposition (Southside Soccer, Inc.)
Staff Contact(s): Chris Slemp
Agenda Date: February 21, 2023 Item Number: 10.b.2.
Attachment(s): 1. Deed - Southside Soccer Club (Right of First
Refusal)
Reviewed By:
SUMMARY:
Southside Soccer Club, Inc, ("Soccer Club"), a non-profit tax-exempt
corporation, has for some time afforded thousands of County youths the
opportunity to participate in an organized soccer league. The Soccer Club has
been very successful and enjoyed by many. Currently, the Soccer Club uses
the recreational fields adjacent to the old Blairs School located on East Whitt
Road (Tax Parcel ID# 2421-71-1625) in the Blair’s Magisterial District for soccer
games. The Soccer Club has approached the County requesting to have the
land transferred to their ownership to it to pursue grants to upgrade the
facilities. This parcel is approximately 9.519 acres.
FINANCIAL IMPACT AND FUNDING SOURCE:
Sale of land would be for $1.00.
RECOMMENDATION:
After conducting the legally required Public Hearing, County Staff recommends
the Board approve the transfer of the property to the Soccer Club via the
attached deed.
MOTION:
“I make a Motion to approve the transfer of 9.519 acres of land (Tax Parcel ID
#2421-71-1625) to Southside Soccer Club, Inc, for the sum of $1.00, via the deed
as attached and presented."
Page 133 of 137
This deed is exempt from the recordation taxes imposed by § 58.1-802 of the Code of Virginia, 1950, as amended,
pursuant to § 58.1-811(C)
This Deed was prepared by:
J. Vaden Hunt, Esq. Tax Parcel ID#: 2421-71-1625
Pittsylvania County Attorney Without Benefit of Title Examination
1 Center Street
Chatham, Virginia 24531
VSB # 65574
DEED
This DEED, made and entered into this ____ day of ________, 2023, by and between the
BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA, acting by and through
its duly authorized Chairman, Darrell Dalton, Grantor, and SOUTHSIDE SOCCER CLUB, INC.,
a non-profit tax exempt corporation organized under the laws of the Commonwealth of Virginia,
Grantee, whose mailing address is P.O. Box 10537, Danville, Virginia 24543.
WHEREAS, Grantor has determined that it has no use for the hereinafter described real
property (“Property”); and
WHEREAS, Grantor, as required by Virginia Code § 1800(B), conducted a duly advertised
Public Hearing on February 21, 2023, at its Business Meeting, before potentially disposing of the
publicly owned Property; and
WHEREAS, Grantor has determined it is in its best interest and those of its citizens to
convey title of the Property to Grantee; and
WHEREAS, by unanimous vote at its Business Meeting on February 21, 2023, Grantor
determined it is in its best interest and those of its citizens to convey title of the Property to Grantee.
W I T N E S S E T H:
That for and in consideration of the sum of one dollar ($1 .00). cash in hand paid, and other
good and valuable consideration, in receipt and sufficiency of which is hereby acknowledged by
Grantor, Grantor does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF
TITLE unto Grantee, its successors and assigns, the following described Property:
All that certain tract or parcel of land, with improvements thereon and all
appurtenances thereunto pertaining, lying and being situate in the Chatham-Blairs
Magisterial District of the County of Pittsylvania. Virginia, containing 9.519 acres,
by survey, with metes and bounds as shown on Plat of Boundary Survey made by
Richard B. Armstrong, Jr., dated December 4, 2022, a copy of which plat is being
recorded simultaneously with this Deed and BEING a portion of that same property
conveyed unto the Board of Supervisors of Pittsylvania County, Virginia, by Deed
from the School Board of Pittsylvania County, Virginia, dated June 14, 2005, in
Deed Book 1503 at Page 580 and that same property conveyed unto the Board of
Supervisors of Pittsylvania County, by Deed from Ford Brothers, LLC, dated
Page 135 of 137
August 27, 2019, as Instrument No. 19-04066, said Deeds being recorded in the
Office of the Clerk of the Circuit Court of Pittsylvania County, Virginia.
This Property is conveyed in its "AS IS" condition, without warranty or representation as
to its condition, value or permitted use, including without limitation any warranty or representation
regarding the presence of any toxic or hazardous substances or materials of any nature (including
but not limited to petroleum, lead. radon, asbestos, or asbestos-related materials).
This conveyance is made expressly subject to (i) any and all rights, privileges, covenants,
easements, conditions, restrictions and agreements as are of record, insofar as they may be lawfully
applicable to the Property, (ii) any unrecorded utility easements, including any relocated easements
for utilities and any relocated utility lines and related facilities, on, under or across the Property,
and (iii) any and all prior grants, conveyances and/or reservations of the coal, oil, gas, including
coal methane gas, stone, sand, minerals, and/or other subsurface rights or interests, as are of record,
insofar as they may be lawfully applicable to the Property; and, to the extent of any such prior
grants, conveyances and/or reservations of coal, oil, gas, including coal methane gas, stone, sand,
minerals and/or other subsurface rights and interests therein, the same are excluded from this
conveyance.
This conveyance is made expressly with the agreement that before Grantee may sell said
parcel identified as Tax Map # 2421-71-1625, Grantee shall first offer this for purchase to Grantor.
Grantor shall then have ten (10) business days following the date Grantee first presents Grantor
such purchase offer to decide whether or not to try to negotiate a Purchase Agreement for said
parcel with Grantee. If Grantor desires to try to negotiate said Purchase Agreement, Grantor shall,
within said ten (10)-period, deliver to Grantee written notice thereof. Promptly after receipt of
such notice, the Parties shall commence good faith negotiations. If Grantee does not receive said
notice within said ten (10)-period, or if Grantee receives said notice within said period, but Grantee
and Grantor do not enter into a legally binding, written agreement for the purchase and sale of said
parcel, Grantee shall be free to enter into an agreement with a third (3rd) party on terms (considered
as a whole) no more favorable to the third (3rd) party than Grantor offered Grantee. If Grantee
does not enter into a legally binding, written agreement with a third (3rd) party within a ninety (90)
day-period, Grantee’s right to sell said parcel to a third (3rd) party shall expire and the procedure
described in this Section shall be applicable again, and Grantee, prior to selling said parcel to a
third (3rd) party, shall first (1st) offer in writing to try to negotiate the sale of said parcel to
Grantor. For the elimination of doubt, upon each repetition of this procedure, notice shall once
again be due by Grantee to Grantor as described above.
(THIS SPACE INTENTIONALLY LEFT BLANK)
Page 136 of 137
WITNESS the following signatures and seals:
THE BOARD OF SUPERVISORS OF PITTSYLVANIA
COUNTY, VIRGINIA
By: ______________________________________(SEAL)
Darrell Dalton, Chairman
COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA, to-wit:
The foregoing Deed was acknowledged before me this ____ day of _________, 202 3, by
Darrell Dalton, Chairman, Board of Supervisors of Pittsylvania County, Virginia.
________________________________________
Notary Public
My Commission Expires: _________________________
Approved as to Form:
________________________
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Page 137 of 137