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07-16-2024 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, July 16, 2024 - 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 June 2024 Bill List Approval (Staff Contact: Kim VanDerHyde) c. Resolution # 2024-07-01 Adoption (Kroger Opioid Settlement Approval) (Staff Contact: Vaden Hunt) d. Resolution # 2024-07-02 Adoption (VDOT Rural Rustics Additions) (Staff Contact: Kaylyn McCluster) e. Resolution # 2024-07-03 Adoption (Support of VDOT Smart Scale Projects) (Staff Contact: Emily Ragsdale) f. Resolution # 2024-07-04 Adoption (Support for Williams’ Proposed Efforts to Construct the Transco Southeast Supply Enhancement Project and Additional Units at Station 165 in the County) (Staff Contact: Kaylyn McCluster) g. Appointment (Southern Area Agency on Aging); (Full Board); (Kathy Ramsey) (Staff Contact: Kaylyn McCluster) h. Certificates of Appreciation (ODAC Love Sign Donors) (Staff Contact: Kenneth Bowman) i. Certificate of Excellence Approval (Gretna High School Baseball) (Staff Contact: Darrell Dalton) j. Certificate of Excellence Approval (Gretna Basketball) (Staff Contact: Darrell Dalton) k. Revised Ringgold Rail Trail Disaster Assistance Agreement Approval (Staff Contact: Dave Arnold) l. Grant Appropriations Approval (3); (Ringgold Rail Trail Grant; Local Law Enforcement Grant; and WIA TANF United Way Grant) (Staff Contact: Kim VanDerHyde) m. 2025 County Health and Dental Rates Approval (Staff Contact: Kim VanDerHyde) 8. PRESENTATIONS a. General Presentations (Board of Supervisors) (Staff Contact: Kaylyn McCluster) 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. Case R-24-009: Sean Barbour; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, and 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 Dalton) (Staff Contact: Emily Ragsdale) 2. Case R-24-010: Daniel and Natasha Gasser; Rezoning from RC-1, Residential Combined 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 Ingram) (Staff Contact: Emily Ragsdale) 3. Case R-24-011: Anchorstone Advisors SOVA, LLC; Amending the future land use designation from Medium and High Density Residential and Commercial to Industrial; and Rezoning from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to M-2, Industrial District, Heavy. The Planning Commission recommended by a 7-0 vote, with opposition, that the Petitioner's request be granted. (Supervisor Hite) (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. Public Hearing: Solar Battery Siting Agreement (RIFA Tupelo Project) (Staff Contact: Matthew Rowe) 2. Public Hearing: Pittsylvania County Code § 6-6 Revisions (Tax Exemption on Property for Certain Elderly, Disabled, or Indigent Persons) (Staff Contact: Kim VanDerHyde) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT 7.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Board Meeting Minutes Approval Staff Contact(s): Kaylyn McCluster Agenda Date: July 16, 2024 Item Number: 7.a. Attachment(s): 1. 06-18-2024 Work Session - DRAFT 2. 06-18-2024 Business Meeting - DRAFT Reviewed By: SUMMARY: For the Board's review and consideration, attached are the following Board Meeting Minutes: (1) 6/18/24 (Work Session); and (2) 6/18/24 (Business Meeting). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached Board Meeting Minutes. MOTION: "I make a Motion approving the attached Board Meeting Minutes." 1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ WORK SESSION June 18, 2024 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Work Session was held on June 18, 2024, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (3:30 PM) Dalton called the Meeting to Order at 3:30 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Callands-Gretna District Robert M. Tucker, Jr. - Banister District Kenneth L. Bowman - Chatham-Blairs District Timothy W. Dudley – Staunton River District Eddie L. Hite, Jr. - Dan River District William V. (“Vic”) Ingram - Tunstall District Murray W. Whittle - Westover District APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approved) MOVER: Ingram SECONDER: Tucker AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None PRESENTATIONS a. County Broadband Project Update Rob Taylor, RiverStreet Network’s Director of Business Development and Government Affairs, updated the Board on the County's Broadband Project. As of June 14, 2024, RiverStreet had 612 customers installed, which is an increase of 228 locations since RiverStreet’s last update. Taylor also shared upcoming events where they plan to market their service. His full presentation can be viewed on the County's website at www.pittsylvaniacountyva.gov. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Finance Updates: (1) PCC § 6-6 Revisions (Elderly/Disabled/Indigent Real Estate Tax Exemptions); (2) School Capital Improvements Reimbursement Resolution Van Der Hyde provided Finance updates to the Board which included potential revisions to PCC § 2 6-6, Elderly/Disabled/Indigent Real Estate Tax Exemptions. During the Budget process, the Board requested County Staff look at this section and determine if revisions could be made to assist citizens. “I make a Motion authorizing County Staff to advertise a public hearing at the Board’s July Business Meeting for the following potential changes to Pittsylvania County Code § 6-6: (1) increase of the income threshold to $35,000; (2) increase of net worth threshold to $70,000; and (3) increase to the exemption maximum to $600.” RESULT: 7-0 (Approved) MOVER: Tucker SECONDER: Dudley AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None Van Der Hyde reviewed Resolution # 2024-06-04 with the Board. Bids have been received by Pittsylvania County Schools ("PCS") to begin construction of safety vestibules and other safety upgrades at fourteen (14) schools throughout the County. This work will take place this summer, while PCS is not in session. Recently, PCS applied for a Literary Fund loan to cover the cost of classroom additions, window and HVAC replacement, and upgrades to Kentuck, Southside, and Union Hall Elementary Schools. Since the PCS Safety Project was already underway, PCS was unable to apply for Literary Funds for this project. Therefore, a Reimbursement Resolution is needed to cover the expenditure of funds for the Project, until financing is obtained. The County will not seek this funding until County Staff receives notification concerning the Literary Loan funding, in case this Project needs to be included with the PCS Safety Project financing. Van Der Hyde also stated that a change was needed to the County's checking account regarding the signatories, which include the Clerk of the Board, the Chairman of the Board, and the Treasurer. If one of those positions leaves the organization, there is no one to fill that spot and someone needs to be designated. Upon further research, Van Der Hyde stated that Virginia Code § 15.2-1538 allows the naming of a Clerk, who is not the County Administrator, and she recommended McCluster be designated as Board Clerk, instead of the Deputy Clerk. Making this change will allow regular operations to run more smoothly. Motion to add this item to the night's Business Meeting. RESULT: 7-0 (Approved) MOVER: Ingram SECONDER: Bowman AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None b. Mass Zoning Ordinance Revision Project Update/Discussion Ragsdale reviewed items with the Board regarding the ongoing mass County Zoning Ordinance 3 revision project. The Board requested moving the date back thirty (30) days to allow more time to review the rewrite. Instead of final approval being in September, it will now be October. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 4:52 PM. RESULT: 7-0 (Approved) MOVER: Tucker SECONDER: Hite AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None a. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Employment Matter Regarding Former Sheriff’s Employee Purpose: Consultation with Legal Counsel/Legal Advice and Discussion Regarding the Same 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. (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: Projects Rain, Big Dipper, Toy Story, Thunder, and Ballyhoo Purpose: Economic Development Projects Update/Discussion on Unannounced Prospective Businesses/Industries c. 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. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Hiring/Search Purpose: Review/Discussion of Related Next Steps RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:56 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ 4 CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on June 18, 2024, 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 Kenneth L. Bowman Yes Timothy W. Dudley Yes Eddie L. Hite, Jr. Yes William V. (“Vic”) Ingram Yes Murray W. Whittle Yes Robert M. Tucker, Jr. Yes Darrell W. Dalton Yes ADJOURNMENT Dalton adjourned the Meeting at 6:57 PM. 5 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING June 18, 2024 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on June 18, 2024, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER Dalton called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Callands-Gretna District Robert M. Tucker, Jr. - Banister District Kenneth L. Bowman - Chatham-Blairs District Timothy W. Dudley - Staunton River District Eddie L. Hite, Jr. - Dan River District William V. (“Vic”) Ingram - Tunstall District Murray W. Whittle - Westover District ITEMS TO BE ADDED TO AGENDA Motion to add the following items to the Agenda: • EMS Billing as item 7q; • PCC Section 6-6 Revisions as item 13a; • Clerk to the Board of Supervisors Designation as item 13b; and • Interim County Administrator as item 13c. RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Tucker AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None APPROVAL OF AGENDA Motion to approve Agenda as amended. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Bowman AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None 6 CONSENT AGENDA Motion to approve Consent Agenda with addition. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Hite AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None a. Board Meeting Minutes Approval b. County's 2024 May Bill List Approval c. Resolution # 2024-06-01 Adoption (VDOT FY 25/26 - 29/30 Secondary Six (6)-Year Plan) d. Resolution # 2024-06-02 Adoption (Honoring Reverend Abernathy's Retirement) e. Resolution # 2024-06-03 Adoption (Kaylyn M. McCluster; VMCA Clerk of the Year) f. Dominion Energy Right-of-Way Easement Approval (1180 U.S. Highway 29; Chatham, Virginia) g. FY 2025 Fire and Rescue Service Agreement Approval h. Fire and Rescue Reserve Fund Disbursement Approval (Brosville Brush Truck Transmission Replacement) i. Resolution # 2024-06-04 Adoption (School Capital Improvements Reimbursement Authorization) j. Updated TLAC Cooperative Agreement Approval k. DSS Janitorial Services Agreement Authorization l. Commonwealth’s Attorney Case Management Software Agreement Approval m. Solid Waste Freightliner 114SD Plus Purchase Authorization n. Reappointment: DPCS (Chatham-Blairs District); (Rufus Fuller) o. Reappointment: Library Board (Tunstall District); (Debra Turner) p. Reappointment: Planning Commission (Callands-Gretna District); (Janet Mease) q. EMS Billing PRESENTATIONS The Board presented Resolution #2024-06-03 honoring McCluster for receiving the Clerk of the Year Award, and Resolution #2024-06-02 in recognition of Reverend David Abernathy's retirement. HEARING OF THE CITIZENS Willie Fitzgerald, Banister District, expressed his concerns about the condition of Route 640 and emphasized the need for repairs. Wayne Robertson, Chatham-Blairs District, voiced his concerns about the proposed jail, offering suggestions to prevent its construction. He also raised issues regarding school safety in the area. PUBLIC HEARINGS Rezoning Public Hearings 7 1. Case R-24-006: Frank Tice; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 6-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Tucker). In Case R-24-006, Frank Tice (“Petitioner”) has petitioned to rezone 2.99 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for an accessory structure to be placed on the property). The subject property is located on State Road 796/Coleman Road, in the Banister Election District, and shown on the Tax Maps as GPIN # 2498-53-1013. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 7, 2024, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioner's request be granted. Dalton opened the Public Hearing at 7:30 PM. Frank Tice was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:30 PM. Motion approving the rezoning of 2.99 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for the placement of an accessory structure on the property. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Dudley AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None 2. Case R-24-008 Sharolli, Inc.; Rezoning from R-1, Residential Suburban Subdivision District, to B-2, Business District, General. The Planning Commission recommended by a 6- 0 vote, with no opposition, that the petitioner's request be granted (Supervisor Tucker). In Case R-24-008, Sharolli, Inc. (“Petitioner”), has petitioned to rezone 0.89 acres from R-1, Residential Suburban Subdivision District, to B-2, Business District, General (to allow the property to be used for the sales, service, and repair of automobiles). The subject property is located on U.S. Highway 29 Business, in the Banister Election District, and shown on the Tax Maps as GPIN # 2329-44-1326. Once the property is rezoned to B-2, all uses listed under Pittsylvania County Code § 35-365 are permitted. On May 7, 2024, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioners' request be granted. Dalton opened the Public Hearing at 7:32 PM. Linda Sharolli was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:32 PM. Motion approving the rezoning of 0.89 acres from R-1, Residential Suburban Subdivision District, to B-2, Business District, General, to allow the property to be used for the sales, service, and repair of automobiles. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Dudley AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None 8 3. Case R-23-017: Gwendolyn Averett; Rezoning from RC-1, Residential Combined Subdivision District, to B-2, Business District, General. The Planning Commission recommended by a 6-0 vote, with opposition, that the Petitioner's request be granted with the proffers offered by the applicant (Supervisor Hite). In Case R-23-017, Gwendolyn Averett (“Petitioner”) has petitioned to rezone 1.80 acres from RC- 1, Residential Combined Subdivision District, to B-2, Business District, General (to allow a daycare facility to be operated on the property). The subject property is located on State Road 732/Little Creek Road, in the Dan River Election District, and shown on the Tax Maps as GPIN # 2338-33- 4895. Once the property is rezoned to B-2, all uses listed under Pittsylvania County Code § 35-365 are permitted. On May 7, 2024, the Planning Commission recommended, by a 6-0 vote, with opposition, that the Petitioner's request be granted, with the proffers offered by the Petitioner. Dalton opened the Public Hearing at 7:34 PM. Darrell and Gwendolyn Averett were present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:35 PM. Motion approving the rezoning of 1.80 acres from RC-1, Residential Combined Subdivision District, to B-2, Business District, General, with the proffers submitted by the Petitioner. RESULT: 7-0 (Approve) MOVER: Hite SECONDER: Tucker AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None MATTERS FROM WORK SESSION a. PCC Section 6-6 Revisions Motion authorizing County Staff to advertise a Public Hearing at the Board’s July Business Meeting for the following potential changes to Pittsylvania County Code Section 6-6: (1) increase of the income threshold to $35,000; (2) increase of net worth threshold to $70,000; and (3) increase to the exemption maximum to $600. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Hite AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None b. Clerk to the Board Designation Motion designating McCluster as Board Clerk per Virginia Code § 15.2-1538. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Tucker 9 AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None c. Interim County Administrator Motion appointing Shorter as Interim County Administrator, effective July 1, 2024, for a period of 6 months, at a salary $75,000 over his current salary as County Treasurer. The Board intends to conduct a comprehensive search for a permanent County Administrator during Shorter’s tenure as Interim County Administrator. RESULT: 5-2 (Approve) MOVER: Ingram SECONDER: Whittle AYES: Dalton, Tucker, Hite, Ingram, Whittle NAYS: Bowman, Dudley ABSTAIN: None BOARD MEMBER REPORTS • Hite mentioned he attended a community meeting with Anchorstone Development, where concerns were addressed and questions were answered, and he expressed his appreciation for the opportunity. He also highlighted the celebration of Juneteenth, urging everyone to remember their ancestors and the challenges they faced. Hite emphasized the importance of being grateful every day for the freedoms we enjoy. • Tucker thanked the Board for a wonderful meeting and extended his congratulations to McCluster and Abernathy for their well-deserved recognitions. He echoed Hite's sentiments about Juneteenth, highlighting its significance as the day African Americans were finally informed of their freedom. Tucker shared that Chuck Angier texted to explain his absence, noting that he is volunteering at the polls. Tucker thanked all the poll volunteers for their dedication and time, ensuring that our voices continue to be heard. • Dudley thanked everyone for the cards, texts, flowers, and heartfelt messages he received during the loss of his father. He mentioned receiving a text from Angier about volunteering at the polls and praised Angier for his active involvement in the Board's meetings, noting that he is such a great asset to the County. Dudley also thanked Vanessa and Jim Scearce for reaching out during his father's passing and asked everyone to keep McFarland in their thoughts following the recent loss of her son. • Ingram highlighted that June is designated as "Move Over Month," emphasizing the critical importance of moving into the left lane when approaching any law enforcement officer on the road. He attended the Celebration of Life organized by Danville-Pittsylvania Cancer, reminding everyone of the valuable services they provide to cancer patients in the County. Ingram asked everyone to keep McFarland and her family in their thoughts. He also extended a warm welcome and expressed his gratitude to Shorter for accepting the Interim County Administrator position. Lastly, he thanked Abernathy for his years of dedicated service and congratulated McCluster for her achievements. 10 • Bowman also requested prayers for McFarland and her family. He extended his congratulations to McCluster and acknowledged Delegate Phillips for attending and presenting a plaque to Abernathy in honor of his retirement. Bowman reported his attendance at the WPPDC meeting, the Chamber annual awards banquet, and the MPO meeting, which he attended virtually. He noted that the first Beautification Committee meeting was held last night at the Chatham Library, with the next meeting scheduled for July 16, 2024, at the same location. Additionally, he expressed his gratitude to the citizens for fulfilling their civic duties by volunteering at the polls and voting. • Whittle thanked everyone for coming out and thanked Shorter for stepping up to the plate. He also thanked County Staff for their hard work and dedication, and he wished everyone a happy July 4th. • Dalton thanked everyone for attending and shared his appreciation to County Staff for their hard work and dedication. He requested that we keep Dudley and McFarland in our thoughts and prayers. Dalton also thanked McCluster and Abernathy. He mentioned that he had recently attended an event hosted by the Smith Mountain Lake Association, where they were educating attendees on water safety, and he concluded by wishing everyone a happy July 4th. ADJOURNMENT Dalton adjourned the Meeting at 7:56 PM. 11 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's June 2024 Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: July 16, 2024 Item Number: 7.b. Attachment(s): None Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review and approve payments made by the County as oversight of County Fund expenditures. For the Board's review and consideration, the County's June 2024 Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=504998&dbid=0&repo=Pitt GovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s June 2024 Bill List as presented. MOTION: “I make a Motion approving the County’s June 2024 Bill List as presented.” 12 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-07-01 Adoption (Kroger Opioid Settlement Approval) Staff Contact(s): Vaden Hunt Agenda Date: July 16, 2024 Item Number: 7.c. Attachment(s): 1. 2024-07-01 Proposed Kroger (Opioid) Settlement Resolution Reviewed By: SUMMARY: Discussions concerning pending opioid litigation settlements with Kroger have successfully concluded and will be allocated subject to the Virginia Memorandum of Understanding and shall be administered and allocated in the same manner as the opioid litigation settlements entered into previously by the County with the distributors, Janssen, Teva, Allergan, Walmart, CVS, and Walgreens. The County Attorney and County’s outside opioid litigation counsel have recommended that the County participate in the settlements to recover its share of the funds that the settlement will provide and direct the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements. For the Board’s review and consideration, Resolution # 2024-07-01, effectuating the same, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown, at this time. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-07-01 as attached and presented. MOTION: 13 “I make a Motion adopting Resolution # 2024-07-01 as attached and presented.” 14 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-07-01 __________________________________________________________________ A RESOLUTION OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST KROGER AND ITS 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 VIRGINIA: At Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on July 16, 2024, the following Resolution was presented and adopted: WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Pittsylvania County, Virginia (“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 to County citizens; and WHEREAS, a settlement proposal has been negotiated that will cause Kroger to pay over a billion dollars nationwide to resolve opioid-related claims against it; and WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (“Virginia MOU”), and affirms that this pending settlement with Kroger shall be considered a “Settlement” that is 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, Janssen, Teva, Allergan, Walmart, CVS, and Walgreens; and WHEREAS, the County’s outside opioid litigation counsel has recommended that the County participate in the settlement in order to recover its share of the funds that the settlement would provide; and 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 HEREBY RESOLVED, that the Board approves of the County’s participation in the proposed settlement of opioid-related claims against Kroger and its related corporate entities, and directs the County Attorney and/or the County’s outside counsel to 15 execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against Kroger. Given under my hand this 16th day of July, 2024. __________________________________________ Darrell W. Dalton Chairman Pittsylvania County Board of Supervisors Approved as to Form: _________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney Vote Darrell W. Dalton (Chairman) ___ Robert M. Tucker, Jr. (Vice-Chairman) ___ Kenneth L. Bowman ___ Timothy W. Dudley ___ Eddie L. Hite, Jr. ___ William V. (“Vic”) Ingram ___ Murray W. Whittle ___ Ayes __ Nays __ Abstentions __ 16 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-07-02 Adoption (VDOT Rural Rustics Additions) Staff Contact(s): Kaylyn McCluster Agenda Date: July 16, 2024 Item Number: 7.d. Attachment(s): 1. 2024-07-02 VDOT Rural Rustics additions Reviewed By: SUMMARY: Virginia Code § 33.1-70.1 permits the hard surfacing of certain unpaved roads that qualify for designation as a Rural Rustic Road. For the Board’s review and consideration, attached is Resolution # 2024-07-02, declaring Dairy View Road, Rockcreek Road, Midway Road, Eddies Lane, and Spartan Lane as Rural Rustic; thereby, enabling them to potentially qualify for future paving/hard surfacing Rural Rustic Road Funds. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-07-02 as attached and presented. MOTION: “I make a Motion adopting Resolution # 2024-07-02 as attached and presented.” 17 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-07-02 _____________________________________________________________________________ RURAL RUSTIC ROADS DESIGNATION VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, July 16, 2024, in the Board Meeting Room, the following Resolution was presented and adopted: WHEREAS, §33.2-332, Code of Virginia, 1950, as amended, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board desires to consider whether the following Routes should be designated a Rural Rustic Road: • Route 694 (Dairy View Road), from Route 703 to the Banister River; • Route 781 (Rockcreek Road), from Route 40 to Route 626; • Route 671 (Midway Road), from Route 792 to Route 665; • Route 975 (Eddies Lane), from Route 718 to dead end; and • Route 641 (Spartan Lane), from 0.35 miles south of Route 665 to dead end. WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on these roads; and WHEREAS, the Board believes that these roads should be so designated due to their qualifying characteristics; and WHEREAS, these roads are on the Board’s Six (6)-Year Plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that these roads be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the roads in their current state; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Virginia Department of Transportation’s Residency Administrator. Given under my hand this 16th day of July, 2024. Recorded Vote: A Copy Teste: Moved By:__________________ Seconded By: _______________ _______________________________ Yeas: __ Printed Name: Darrell W. Dalton Nays: __ Title: Chairman, Board of Supervisors 18 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-07-03 Adoption (Support of VDOT Smart Scale Projects) Staff Contact(s): Emily Ragsdale Agenda Date: July 16, 2024 Item Number: 7.e. Attachment(s): 1. 2024-07-03 Smart Scale Applications Support Reviewed By: SUMMARY: The Virginia Department of Transportation (“VDOT”) administers the Smart Scale Program intending to invest limited funding in Projects that will meet the most critical transportation needs in Virginia. The County and the West Piedmont Planning District Commission submitted pre-applications for two (2) County Smart Scale Projects. These pre-applications were screened by VDOT and determined to meet the requirements for Project eligibility and readiness required to submit full applications. Final applications are due August 2, 2024, and a local Resolution of Support is required. For the Board’s review and consideration, Resolution # 2024-07-03, evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends that the Board adopt Resolution # 2024-07-03 as attached and presented. MOTION: “I make a Motion adopting Resolution # 2024-07-03 as attached and presented.” 19 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-07-03 __________________________________________________________________________________________ SUPPORT OF COUNTY VDOT SMART SCALE PROJECTS __________________________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on July 16, 2024, the following Resolution was presented and adopted: WHEREAS, the Virginia Department of Transportation (“VDOT”) administers Smart Scale with the goal of investing limited tax dollars in the right Projects that meet the most critical transportation needs in Virginia; and WHEREAS, Projects are funded through a prioritization process that evaluates each Project’s merits using key factors, including improvements to safety, congestion reduction, accessibility, land use, economic development, and the environment; and WHEREAS, Pittsylvania County, Virginia (“County”) and the West Piedmont Planning District Commission submitted preapplications to be considered for funding; and WHEREAS, the following Projects were initially screened and determined to meet the requirements of Project eligibility and readiness needed to submit a full Smart Scale application: • Connector Road Expansion at Berry Hill: Reconstruction of the existing interchange at Danville Expressway (US Route 58) and Oak Ridge Farms Road (VA 1260) to a Diverging Diamond Interchange (DDI), which was recommended as the Preferred Alternative in the Interchange Access Request (IAR) Route 58 at Southern Virginia Mega Site, dated March 2023 • Orphanage Road and Franklin Turnpike Traffic Signal: A traffic signal with pedestrian signals and crosswalks, a southbound right turn lane, eastbound left turn lane, and westbound left turn lane is proposed; and WHEREAS, these Projects are in the public interest and will benefit both County residents those travelling through the County. NOW, THEREFORE, BE IT RESOLVED, the Board endorses and supports the Smart Scale applications listed herein and respectfully requests support for these projects from VDOT and the Commonwealth Transportation Board (“CTB”); and FINALLY, BE IT RESOLVED, that a copy of this adopted Resolution be forwarded to the VDOT Commissioner and the CTB. Given under my hand this 16th day of July 2024. ________________________________________ Darrell W. Dalton Chairman Pittsylvania County Board of Supervisors ________________________________________ Kaylyn M. McCluster Clerk Board of Supervisors 20 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-07-04 Adoption (Support for Williams’ Proposed Efforts to Construct the Transco Southeast Supply Enhancement Project and Additional Units at Station 165 in the County) Staff Contact(s): Kaylyn McCluster Agenda Date: July 16, 2024 Item Number: 7.f. Attachment(s): 1. 2024-07-04 Support for Williams’ Proposed Efforts to Construct the Transco Southeast Supply Enhancement Project and Additional Units at Station 165 in Reviewed By: SUMMARY: Williams is a national energy infrastructure company that owns and operates the Transco Natural Gas Pipeline, providing more than fifty percent (50%) of the natural gas used in the Commonwealth of Virginia. The Transco Southeast Supply Enhancement Project ("SSE Project") consists of installing 26.3 miles of pipeline adjacent to its existing Transco corridor and additional compressor units located at Station 165 on Transco Road in the County. This will provide a safe, reliable, and affordable source of natural gas that will further enhance the attractiveness of the Southern Virginia Megasite at Berry Hill. The Board fully supports Williams' efforts to build the SSE Project and increase the units at Station 165 in the County. For the Board's review and consideration, attached is Resolution # 2024-07-04 evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-07-04 as attached and presented. 21 MOTION: "I make a Motion adopting Resolution # 2024-07-04 as attached and presented." 22 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-07-04 Support for Williams Cos. Proposed Efforts to Construct the Transco Southeast Supply Enhancement Project (“SSE Project”) and additional units at Station 165 in Pittsylvania County, Virginia (“County”) VIRGINIA: At the Pittsylvania County Board of Supervisors' ("Board") Business Meeting on July 16, 2024, the following Resolution was presented and adopted: WHEREAS, Williams is a national energy infrastructure company that owns and operates the Transco Natural Gas Pipeline, providing more than fifty percent (50%) of the natural gas used in the Commonwealth of Virginia; and WHEREAS, the SSE Project consists of installing 26.3 miles of pipeline adjacent to its existing Transco corridor and additional compressor units located at Station 165 on Transco Road in the County; and WHEREAS, the SEE Project is a well-designed expansion that will provide significant incremental supplies of natural gas energy for residential, commercial, and industrial customers in the County and region; and WHEREAS, the SSE Project will provide a safe, reliable, and affordable source of natural gas that will further enhance the attractiveness of the Southern Virginia Megasite at Berry Hill in the County; and WHEREAS, the SSE Project will further strengthen economic development opportunities in the County and region through additional natural gas deliveries to the City of Danville, Virginia; and WHEREAS, the Board appreciates Williams providing safe, reliable clean energy to the region and Virginia for more than seventy (70) years; and WHEREAS, Williams has proven to be a responsible neighbor actively engaging with the County and its communities; and WHEREAS, the Board commends Williams for its willingness to listen, inform, and engage on these issues in a transparent and open manner as demonstrated by its communication with nearby landowners; and WHEREAS, the Board recognizes that Williams' SSE Project will bring an economic boost to the County. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board supports Williams' efforts to build the SSE Project and increase the units at Station 165 in the County and looks forward to Williams' ongoing partnership with the County and the local community. BE IT FURTHER RESOLVED, that the Board formally authorizes the Board Chairman to transmit this Resolution to FERC (Docket Number: PF24-2-000) under separate cover. Given under my hand this 16th day of July, 2024. __________________________________________ Darrell W. Dalton Chairman Pittsylvania County Board of Supervisors __________________________________________ Kaylyn M. McCluster, MMC Clerk Pittsylvania County Board of Supervisors Approved as to Form: _________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney Vote Darrell W. Dalton (Chairman) ___ Robert M. Tucker, Jr. (Vice-Chairman) ___ Kenneth L. Bowman ___ Timothy W. Dudley ___ Eddie L. Hite, Jr. ___ William V. (“Vic”) Ingram ___ Murray W. Whittle ___ Ayes __ Nays __ Abstentions __ 24 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Appointment (Southern Area Agency on Aging); (Full Board); (Kathy Ramsey) Staff Contact(s): Kaylyn McCluster Agenda Date: July 16, 2024 Item Number: 7.g. Attachment(s): 1. 07-16-2024 Kathy Ramsey - Southern Area Agency on Aging Reviewed By: SUMMARY: Anita White's second full term of service will end on August 24, 2024, and she can no longer serve on the Southern Area Agency on Aging ("SAAA") Board of Directors. Kathy Ramsey has expressed interest in serving on this Board and her interest form is attached. This is a full Board appointment. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board appoint Kathy Ramsey to the SAAA Board of Directors for a three (3)-year term beginning on August 25, 2024, and expiring on August 25, 2027. MOTION: "I make a Motion to appointing Ramsey to the SAAA Board of Directors for a three (3)-year term beginning on August 25, 2024, and expiring on August 25, 2027." 25 26 27 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificates of Appreciation (ODAC Love Sign Donors) Staff Contact(s): Kenneth Bowman Agenda Date: July 16, 2024 Item Number: 7.h. Attachment(s): 1. LoveSign Chamber before finish photo 2. LoveSign dedication group photo 3. LovesignBrenda&Ken1 4. LoveSignfinished2023crop 5. LoveSignKen 6. Certificate of Appreciation - ODAC LoveSign - Amthor International, Inc. 7. Certificate of Appreciation - ODAC LoveSign - Chatham Rotary Club 8. Certificate of Appreciation - ODAC LoveSign - Chatham First 9. Certificate of Appreciation - ODAC LoveSign - The Homeplace Vineyard 10. Certificate of Appreciation - ODAC LoveSign - Olde Dominion Agricultural Complex 11. Certificate of Appreciation - ODAC LoveSign - Southside Concrete Supply 12. Certificate of Appreciation - ODAC LoveSign - Tim Hilliard Marketing & Promotions, LLC. 13. Certificate of Appreciation - ODAC LoveSign - Todd Breaux - State Farm 14. Certificate of Appreciation - ODAC LoveSign - Warren Shelton, PLLC 28 15. Certificate of Appreciation - ODAC LoveSign - Elite Fabrication, LLC 16. Certificate of Appreciation - ODAC LoveSign - KG Graphics 17. Certificate of Appreciation - ODAC LoveSign - Brenda Bowman Reviewed By: SUMMARY: Employers and small businesses from the area generously volunteered their time and services to help create a LOVE sign in the County at ODAC. The County greatly appreciates their efforts that have significantly impacted tourism and the beautification of the County. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the Certificates of Appreciation to the ODAC Love Sign Donors as attached. MOTION: "I make a Motion approving the Certificates of Appreciation to the ODAC Love Sign Donors as attached." 29 30 31 32 33 34 C e r t i f i c a t e o f A p p r e c i a t i o n Amthor International, Inc. Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 35 C e r t i f i c a t e o f A p p r e c i a t i o n Chatham Rotary Club Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 36 C e r t i f i c a t e o f A p p r e c i a t i o n Chatham First Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 37 C e r t i f i c a t e o f A p p r e c i a t i o n The Homeplace Vineyard Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 38 C e r t i f i c a t e o f A p p r e c i a t i o n Olde Dominion Agricultural Complex Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 39 C e r t i f i c a t e o f A p p r e c i a t i o n Southside Concrete Supply Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 40 C e r t i f i c a t e o f A p p r e c i a t i o n Tim Hilliard Marketing & Promotions, LLC. Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 41 C e r t i f i c a t e o f A p p r e c i a t i o n Todd Breaux - State Farm Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 42 C e r t i f i c a t e o f A p p r e c i a t i o n Warren Shelton, PLLC Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 43 C e r t i f i c a t e o f A p p r e c i a t i o n Elite Fabrication, LLC Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 44 C e r t i f i c a t e o f A p p r e c i a t i o n KG Graphics Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 45 C e r t i f i c a t e o f A p p r e c i a t i o n Brenda Bowman Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation for your generous contribution, volunteer service, and dedication to the Pittsylvania County Community in support of the “Virginia is for Lovers LoveSign.” Your commitment and selfless efforts have made a significant impact towards tourism efforts and the beautification of our County. Given this 16th day of July, 2024 Kenneth L. Bowman Chatham-Blairs District 46 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Excellence Approval (Gretna High School Baseball) Staff Contact(s): Darrell Dalton Agenda Date: July 16, 2024 Item Number: 7.i. Attachment(s): 1. Certificate of Excellence - Gretna Baseball Reviewed By: SUMMARY: The Gretna High School Varsity Baseball team defied expectations and had an impressive ending to their season. Despite a record of 8-14, this season marked the highest number of wins in several years. The team's remarkable journey included reaching the State finals for the first time in twenty-three (23) years, where they faced the same opponent as years before. There, they competed closely against Lebanon High School, but unfortunately lost with a close score of 5-4. Notably, this season also saw their first victories over Tunstall and Chatham High Schools in over twenty-six (26) years, showcasing their determination and growth throughout the season. The Board, via the attached Certificate of Excellence ("COE"), expresses its deepest congratulations and admiration to the Hawks Baseball team for these amazing accomplishments. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached COE honoring the Gretna High School Varsity Baseball team. MOTION: "I make a Motion approving the attached COE honoring the Gretna High School Varsity Baseball team." 47 C e r t i f i c a t e o f E x c e l l e n c e Gretna High School Varsity Baseball Darrell W. Dalton Chairman The Gretna Hawks Varsity Baseball Team defied expectations and had an impressive ending to their season. Despite a record of 8-14, this season marked the highest number of wins in several years. The team's remarkable journey included reaching the State finals for the first time in twenty-three years, where they faced the same opponent as years before. There, they competed closely against Lebanon High School, but unfortunately lost with a close score of 5-4. Notably, this season also saw their first victories over Tunstall and Chatham High Schools in over twenty-six years, showcasing their determination and growth throughout the season. The Pittsylvania County Board of Supervisors expresses its deepest congratulations and admiration to the Gretna Hawks Baseball Team for these amazing accomplishments and wish you all the best in your future endeavors. Given this 16th day of July, 2024 48 7.j. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Excellence Approval (Gretna Basketball) Staff Contact(s): Darrell Dalton Agenda Date: July 16, 2024 Item Number: 7.j. Attachment(s): 1. Certificate of Excellence - Gretna Boys Basketball Reviewed By: SUMMARY: The Gretna High School Varsity Boys Basketball team had an outstanding season with an overall record of 16-10, and a regional record of 8-4, finishing second in the District for the second consecutive year. Additionally, the team secured a 41-33 victory over Martinsville, becoming Gretna’s first-ever Region C Champions. They continued their run by advancing to the State tournament for the first time in twenty-four (24) years. There they competed closely against Graham High School, but unfortunately lost by a score of 65-71. The Board, via the attached Certificate of Excellence ("COE"), expresses its deepest congratulations and admiration to the Hawks Basketball team for these amazing accomplishments. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached COE honoring the Gretna High School Varsity Basketball team. MOTION: "I make a Motion approving the attached COE honoring the Gretna High School Varsity Basketball team." 49 C e r t i f i c a t e o f E x c e l l e n c e Gretna High School Boys Basketball Darrell W. Dalton Chairman The Gretna High (Hawks) Boys Basketball team had an outstanding season with an overall record of 16-10, and a regional record of 8-4, finishing second in the district for the second consecutive year. Additionally, the team secured a 41-33 victory over Martinsville, becoming Gretna’s first-ever Region C Champions. They continued their run by advancing to the State tournament for the first time in twenty-four years. There, they competed closely against Graham High School but unfortunately lost with a score of 65-71. The Hawks had a great season and the Pittsylvania County Board of Supervisors expresses its deepest congratulations and admiration to the Gretna Boys Basketball Team for these amazing accomplishments and wish you all the best in your future endeavors. Given this 16th day of July, 2024 50 7.k. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Revised Ringgold Rail Trail Disaster Assistance Agreement Approval Staff Contact(s): Dave Arnold Agenda Date: July 16, 2024 Item Number: 7.k. Attachment(s): 1. Award Letter - Rail Trail 2. Revised Agreement - Ringgold Rail Trail Reviewed By: SUMMARY: The County was originally awarded a Grant by the Virginia Department of Emergency Management ("VDEM") to complete the repairs to the Ringgold Rail Trail due to Hurricane Michael. This Project has been ongoing since 2018, and its scope has been expanded. The total original Grant of $3,028,121.48 has now been increased by a total of $2,300,088.94 for a new Grant total of $5,328,210.42. The revised, attached Agreement reflects the approval of additional funding. FINANCIAL IMPACT AND FUNDING SOURCE: The total original Grant of $3,028,121.48 has now been increased by a total of $2,300,088.94, for a new Grant total of $5,328,210.42. RECOMMENDATION: County Staff recommends the Board approve the revised Agreement as attached. MOTION: "I make a Motion approving the revised Agreement as attached." 51 Saving lives through effective emergency management and homeland security. “A Ready Virginia is a Resilient Virginia.” RE: Public Assistance Award Letter for CFDA #: 97.036 FIPS #: Award #: PA-03-VA- The Virginia Department of Emergency Management is pleased to notify you that the Federal Emergency Management Agency has awarded project worksheets (PWs) for FEMA -D R - - VA. The funds have been obligated through the Public Assistance Grant Program, CFDA #97.036. Included in this award package is a Sub-recipient Grant Agreement that can be accessed through our grants management system, https://vdem.emgrants.com/. Reimbursements will be processed upon receipt of the executed grant agreement, which must be uploaded and advanced to Step 4 in vdem.emgrants.com. If you have any questions regarding this award, please contact Robbie Coates, grants manager for disaster programs, at robert.coates@vdem.virginia.gov Sincerely, Cheryl Adkins, Governor's Authorized Representative COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 52 Commonwealth of Virginia Public Assistance Program FEMA- -DR-VA State Recipient/Sub-recipient Disaster Assistance Agreement CFDA# 97.036 Section 1 – Purpose This Agreement is made on by and between the State/Recipient, the Virginia Department of Emergency Management, hereinafter “VDEM,” and , hereinafter “Sub-recipient.” This Agreement shall apply to all assistance funds provided by or through VDEM to the Sub-recipient as a result of the disaster called from through , and pursuant to the disaster declaration made by the President of the United Sates numbered FEMA- -DR-VA. Section 2 – General Statement of Terms and Conditions This Agreement is subject to the general conditions that follow and any special conditions attached hereto. This award is also subject to all applicable rules, regulations, and conditions prescribed by the Federal Emergency Management Agency (FEMA) and the Commonwealth of Virginia. Section 3 – Term of the Agreement and Effective Date This Agreement between VDEM and the Sub-recipient shall be effective upon execution of the Agreement by both VDEM and Sub-recipient and is effective upon the date the fully executed Award Acceptance Agreement is received by VDEM. Section 4 – Scope of the Agreement This Agreement shall apply to all Public Assistance disaster funds provided through VDEM to the Sub-recipient as a result of the above referenced disaster. Section 5 – Conflicts of Interest 1.The Sub-recipient must disclose, in a timely manner and in writing to FEMA and VDEM, anypotential conflict of interest in the federal award cycle.2.The Sub-recipient must disclose, in a timely manner and in writing to the FEMA and VDEM, allviolations of federal criminal law involving fraud, bribery, or gratuity potentially affecting the federalaward. COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 53 Section 8 – Procurement The Sub-recipient agrees to abide by its respective procurement rules, policies, and/or procedures as outlined in 2 CFR §§ 200.318–200.326. If there are no written rules, the Sub-recipient agrees to abide by the Commonwealth of Virginia’s procurement rules, policies, and/or procedures. A copy of the Sub- recipient procurement policy will be provided to VDEM upon request. Section 9 – Audit The Sub-recipient is aware that under the conditions of 2 CFR §§ 200.500–200.521, a non‐federal entity that expends $750,000 or more during the non‐federal entity’s fiscal year in federal awards must have a single or program‐specific audit conducted for that year. Section 10 – Governing Laws, Regulations, and Statutes The Sub-recipient hereby assures and certifies compliance with all applicable statutes, regulations, policies, guidelines, and requirements, including, but not limited to those listed in Appendix A. Section 11 – General Conditions and Standard Assurances The designated agent of the Sub-recipient certifies that: 1.The Sub-recipient’s designated agent has legal authority to apply for assistance on behalf of the Sub-recipient and is authorized to execute all required forms on behalf of the Sub-recipient. 2.The Sub-recipient shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving federal and state disaster assistance. 3.The Sub-recipient certifies that all costs claimed under this application are for actual costsincurred by the Sub-recipient in the performance of authorized work as defined in the eligibility criteria established by the FEMA. 4.The total grant award from VDEM for is , provided through the FEMA Public Assistance Grant Program, FEMA-DR- -VA. FEMA shall provide funds for of the eligible costs, VDEM shall provide funds for of eligible costs, and the Sub-recipient agrees to provide cost share in the amount of . The state share is derived from the Commission on Local Government’s fiscal stress index (Code of Virginia §44-146.28) and will be disbursed upon authorization and appropriation of fund from the Virginia Department of Planning and Budget. Private non-profits will not receive a state share. Section 6 – Failure to Comply Failure to comply with the conditions and requirements set forth in this Agreement will result in the suspension of and/or recovery by VDEM of funding for projects under this sub-award under the above referenced disaster and may affect the Sub-recipient’s eligibility for future funding under the Public Assistance Program. Section 7 – Accounting and Record Keeping The Sub-recipient shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting standards and shall maintain all records and supporting documentation associated with the disaster in accordance with 2 CFR § 200.333. The Sub-recipient shall retain documentation supporting each claim for a period of not less than three years from the date of the final payment and; the Sub-recipient shall give state and federal agencies designated by the Governor’s Authorized Representative (GAR) or Alternate GAR access to and the right to examine all records and documents related to the use of disaster assistance funds. 54 PW#Version Eligible Amount Federal Share % Federal Obligated Amount State Share % State Obligated Amount Local Share % Local Amount 141 0 $8,409.34 75.00%$6,307.01 19.00%$1,597.77 6.00%$504.56 143 0 $10,723.86 75.00%$8,042.90 19.00%$2,037.53 6.00%$643.43 293 0 $3,028,121.48 75.00%$2,271,091.11 19.00%$575,343.08 6.00%$181,687.29 293 1 $2,128,593.00 75.00%$1,596,444.75 19.00%$404,432.67 6.00%$127,715.58 299 0 $152,362.74 100.00%$152,362.74 0.00%$0.00 0.00%$0.00 Total:$5,328,210.42 $4,034,248.51 $983,411.05 $310,550.86 3 of 9 55 5.The Sub-recipient is aware that limited funding may be made available for mitigation of future disaster damages, which requires cost-sharing on the basis of 75% federal and 25% non-federalcontribution, and that the Sub-recipient may be required to provide the full non-federal share for such mitigation activities. 6.The Sub-recipient shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with federally accepted accounting standards or as directedby the GAR or Alternate GAR. 7.Sub-recipient shall not deviate from the Scope of Work as provided and described in the Project Worksheet(s), without first receiving written approval from the FEMA through VDEM. 8.The Sub-recipient shall begin and complete all items of work within the time limits established by the GAR or Alternate GAR. a.Emergency Work (Categories A and B) shall be completed within six months from, the date of the Federal Disaster Declaration. Period of Performance date is . b.Permanent Work (Categories C – G) shall be completed within 18 months from, the date of the Federal Disaster Declaration: Period of Performance date is . c.Extensions may be granted, upon request, for those factors that are out of the span of controlof the Sub-recipient. The Sub-recipient must write a letter to the GAR or Alternate GAR at VDEM, requesting an official extension and supplying valid documentation/reasoning as to why the project cannot be completed on time. This request must be submitted through the in vdem.emgrants.com through the time extension request workflow. Authorization for an extension remains at the discretion of VDEM and/or FEMA and will be made in writing by VDEM or FEMA depending on the agency’s respective extension authority. 9.Sub-recipient will submit to VDEM quarterly updates on all open projects. These updates will be due on April 15, July 15, October 15, and January 15 and must be submitted in vdem.emgrants.com through the quarterly reporting workflow. 10.The Sub-recipient shall, upon the request of VDEM, participate in initial, interim, and final site inspections with the State Public Assistance Officer or designee. 11.The Sub-recipient shall comply with all applicable codes and standards in completion of eligible repair or replacement of damaged public facilities. 12.The Sub-recipient shall comply with any requirement by FEMA to obtain and maintain any insurance coverage prior to receipt of funding. The Sub-recipient shall produce evidence and documentation of said insurance coverage. The Sub-recipient shall ensure that all applicable local, state, and federal permits have been obtained prior to starting any construction and that all projects are consistent with current codes and standards. 13.The Sub-recipient will engage VDEM and FEMA as soon as it identifies a change to the Statement of Work, in order to allow FEMA time to review changes for eligibility and environmental and historic preservation (EHP) compliance requirements prior to commencement of work. If the Sub-recipient begins work associated with a change before FEMA’s review and approval, it will jeopardize public assistance funding. 14.The Sub-recipient shall comply with all federal and state statutes and regulations relating to non-discrimination 56 The Sub-recipient shall comply, as applicable, with the provisions of the Davis-Bacon Act relating to labor standards. The Sub-recipient agrees to establish internal personnel safeguards, which will prohibit employees from using their positions for a purpose that creates, or gives the appearance of creating, a desire for private gain for themselves or for others, particularly those persons who have a family, business, or other tie to the employee. The Sub-recipient agrees to comply with provisions of the Drug-Free Workplace Act as set forth in Attachment B and incorporated herein. 15. 16. 17. 18.The Sub-recipient agrees that it will not use any federal funds for lobbying and will disclose the use ofnon-federal funds for lobbying by filing any documentation and/or forms that are required by either thefederal government or the Commonwealth as set forth in Attachment A and incorporated herein. 19.The Sub-recipient agrees to comply with the Assurances Non-Construction Programs requirements,which are incorporated herein. 20.The Sub-recipient certifies that the federal and state disaster assistance requested through the submissionof this application does not and will not duplicate any financial assistance or cost reimbursement received for the same disaster cost or loss under any other program or from insurance or any othersource. 21.The Sub-recipient shall not enter into cost plus percentage of cost contracts for completion of disaster restoration or repair work projects. 22.The Sub-recipient shall not enter into any contracts for which payment is contingent upon receipt of state or federal funds. 23.The Sub-recipient shall not enter into any contract with any party that is debarred or suspended from participating in federal assistance programs. 24.The Sub-recipient shall return to the state, within 30 days of such request by the GAR or AlternateGAR, any advance funds that are not supported by audit or other federal or state review ofdocumentation maintained by the Sub-recipient. If the Sub-recipient fails to refund the monies, the Commonwealth reserves the right to offset the amount due against any existing or future sums of moneyowed to the Sub-recipient by any Commonwealth agency or department. Section 12 ‐ Amendment This Agreement may be modified, amended, altered, or changed at any time by VDEM. All amendments will be made in writing to the Sub-recipient. Amendments may also be made by mutual consent between VDEM and Sub-recipient, if agreed to in writing and executed by both parties. Section 13 – Termination of Agreement Termination of this Agreement can occur as an effect of the following results: 57 1. Proper completion and closeout of this project;2. Termination for Breacha.In the event of breach by the Sub-recipient of this Agreement, VDEM shall provide written notice to the Sub-recipient specifying the manner in which the Agreement hasbeen breached. If a notice of breach is given and the Sub-recipient has not substantiallycorrected the breach within 60 days of receipt of the written notice, VDEM shall have the right to terminate the Agreement. The Sub-recipient shall be paid for no servicerendered or expense incurred after receipt of the notice of termination, except such feesand expenses incurred prior to the effective date of termination that are necessary for curtailment of its work under the Agreement.3. Termination for Convenience or other termination as allowed or required by 44 CFR for projectswhich cannot be completed as described in the FEMA-approved grant project application and theScope of Services – Attachment D, herein.a.Communication of this decision and information related to the project termination willbe provided to the Sub-recipient in coordination with FEMA through registered mail. 58 Article XIV – Entire Agreement This Agreement represents the complete and final understanding of VDEM and the Sub-recipient. No other understanding, oral, or written, regarding the subject matter of this Agreement, may be deemed to exist or to bind the parties at the time of execution. Signed for the Sub-recipient: Authorized Agent Name and Title Date Sub-recipient's Authorized Agent (Signature) Signed for the State/Recipient: Virginia Department of Emergency Management Cheryl Adkins, Chief Financial Officer Typed Name and Title Chief Financial Officer (Signature) Date 59 Attachment A CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements This certification is required by the regulations implementing the New Restrictions on Lobbying, 44 CFR Part 18. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, toany person for influencing or attempting to influence an officer or employee of an agency, a Memberof Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with the awarding of any Federal contract, the making of any Federal grant, the making ofany Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submitStandard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the awarddocuments for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Agent Date ____________________________________________________________________________ 60 ATTACHMENT B Administrative Requirements and Guidance •Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, asamended, and as implemented by 44 CFR §§ 13, 206. •Flood insurance purchase requirements of the Flood Disaster Protection Act, 42 U.S.C. §§ 4001 et seq., as amended. •National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., as amended, and its applicableFederal Regulations found at 44 CFR Part 10. •Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended. •Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., as amended. •Endangered Species Act of 1973, 7 U.S.C. § 136, 16 U.S.C. §§ 1531 et seq., as amended. •National Historic Preservation Act, 16 U.S.C. § 469, 470 et seq., as amended, and itsapplicable Federal Regulations found at 36 CFR § 800 and 44 CFR § 208. •Executive Order 11593, Protection and Enhancement of the Cultural Environment •Hatch Act, 5 U.S.C. § 7324 et seq., as amended, which limits the political activities of publicemployees. •2 CFR § 200 (Uniform Guidance) 61 7.l. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Budget Agenda Title: Grant Appropriations Approval (3); (Ringgold Rail Trail Grant; Local Law Enforcement Grant; and WIA TANF United Way Grant) Staff Contact(s): Kim VanDerHyde Agenda Date: July 16, 2024 Item Number: 7.l. Attachment(s): 1. Award_Letter-Rail Trail 2. Agreement for Rail Trail 3. Local Law Enforcement Grant Award Letter 4. BEN-24-002-17 Mod No. 1 - signed 5. TANF UWay New #2 Ben-24-002-17 Budget July 1 2024-June 30 2025 Reviewed By: SUMMARY: The County has recently been awarded three (3) separate Grants that need to be appropriated to the FY2024 County Budget. The first Grant was awarded by the Virginia Department of Emergency Management ("VDEM") to complete the repairs to the Ringgold Rail Trail due to Hurricane Michael. The total original Grant of $3,028,121.48 has now been increased by a total of $2,300,088.94 for a new Grant total of $5,328,210.42. The second Grant was awarded by the Virginia Department of Criminal Justice Services in the amount of $1,594.00 to the Sheriff's Office to strengthen crime controls. The third Grant was awarded by the United Way to the Workforce Investment Board and is a Temporary Assistance for Needy Families ("TANF") Grant in the amount of $183,156.72 to help provide training and job assistance for those in need. FINANCIAL IMPACT AND FUNDING SOURCE: The VDEM Grant for the Ringgold Rail Trail Project requires an additional local match of $128,863.57 for the County to draw the additional state funds of $408,067.97 and federal funds of $1,763,157.40. The additional local match has 62 already been budgeted in the Grants Local Match line item. The other two (2) Grants mentioned have no local match. RECOMMENDATION: County Staff recommends the Board approve and appropriate a total of $2,301,682.94 to the Grants Fund (Rail Trail-$2,300,088.94) and Local Law Enforcement Grant-$1,594.00) and $183,156.72 to the WIB Fund for the TANF Grant. MOTION: "I make a Motion approving and appropriating a total of $2,301,682 to the Grants Fund, including the transfer of local match funds totaling $128,863.57 from the Grants Local Match line item and a total of $183,156.72 to the WIB Fund as presented." 63 Saving lives through effective emergency management and homeland security. “A Ready Virginia is a Resilient Virginia.” RE: Public Assistance Award Letter for CFDA #: 97.036 FIPS #: Award #: PA-03-VA- The Virginia Department of Emergency Management is pleased to notify you that the Federal Emergency Management Agency has awarded project worksheets (PWs) for FEMA -D R - - VA. The funds have been obligated through the Public Assistance Grant Program, CFDA #97.036. Included in this award package is a Sub-recipient Grant Agreement that can be accessed through our grants management system, https://vdem.emgrants.com/. Reimbursements will be processed upon receipt of the executed grant agreement, which must be uploaded and advanced to Step 4 in vdem.emgrants.com. If you have any questions regarding this award, please contact Robbie Coates, grants manager for disaster programs, at robert.coates@vdem.virginia.gov Sincerely, Cheryl Adkins, Governor's Authorized Representative COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 64 Commonwealth of Virginia Public Assistance Program FEMA- -DR-VA State Recipient/Sub-recipient Disaster Assistance Agreement CFDA# 97.036 Section 1 – Purpose This Agreement is made on by and between the State/Recipient, the Virginia Department of Emergency Management, hereinafter “VDEM,” and , hereinafter “Sub-recipient.” This Agreement shall apply to all assistance funds provided by or through VDEM to the Sub-recipient as a result of the disaster called from through , and pursuant to the disaster declaration made by the President of the United Sates numbered FEMA- -DR-VA. Section 2 – General Statement of Terms and Conditions This Agreement is subject to the general conditions that follow and any special conditions attached hereto. This award is also subject to all applicable rules, regulations, and conditions prescribed by the Federal Emergency Management Agency (FEMA) and the Commonwealth of Virginia. Section 3 – Term of the Agreement and Effective Date This Agreement between VDEM and the Sub-recipient shall be effective upon execution of the Agreement by both VDEM and Sub-recipient and is effective upon the date the fully executed Award Acceptance Agreement is received by VDEM. Section 4 – Scope of the Agreement This Agreement shall apply to all Public Assistance disaster funds provided through VDEM to the Sub-recipient as a result of the above referenced disaster. Section 5 – Conflicts of Interest 1.The Sub-recipient must disclose, in a timely manner and in writing to FEMA and VDEM, anypotential conflict of interest in the federal award cycle.2.The Sub-recipient must disclose, in a timely manner and in writing to the FEMA and VDEM, allviolations of federal criminal law involving fraud, bribery, or gratuity potentially affecting the federalaward. COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 65 Section 8 – Procurement The Sub-recipient agrees to abide by its respective procurement rules, policies, and/or procedures as outlined in 2 CFR §§ 200.318–200.326. If there are no written rules, the Sub-recipient agrees to abide by the Commonwealth of Virginia’s procurement rules, policies, and/or procedures. A copy of the Sub- recipient procurement policy will be provided to VDEM upon request. Section 9 – Audit The Sub-recipient is aware that under the conditions of 2 CFR §§ 200.500–200.521, a non‐federal entity that expends $750,000 or more during the non‐federal entity’s fiscal year in federal awards must have a single or program‐specific audit conducted for that year. Section 10 – Governing Laws, Regulations, and Statutes The Sub-recipient hereby assures and certifies compliance with all applicable statutes, regulations, policies, guidelines, and requirements, including, but not limited to those listed in Appendix A. Section 11 – General Conditions and Standard Assurances The designated agent of the Sub-recipient certifies that: 1.The Sub-recipient’s designated agent has legal authority to apply for assistance on behalf of the Sub-recipient and is authorized to execute all required forms on behalf of the Sub-recipient. 2.The Sub-recipient shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving federal and state disaster assistance. 3.The Sub-recipient certifies that all costs claimed under this application are for actual costsincurred by the Sub-recipient in the performance of authorized work as defined in the eligibility criteria established by the FEMA. 4.The total grant award from VDEM for is , provided through the FEMA Public Assistance Grant Program, FEMA-DR- -VA. FEMA shall provide funds for of the eligible costs, VDEM shall provide funds for of eligible costs, and the Sub-recipient agrees to provide cost share in the amount of . The state share is derived from the Commission on Local Government’s fiscal stress index (Code of Virginia §44-146.28) and will be disbursed upon authorization and appropriation of fund from the Virginia Department of Planning and Budget. Private non-profits will not receive a state share. Section 6 – Failure to Comply Failure to comply with the conditions and requirements set forth in this Agreement will result in the suspension of and/or recovery by VDEM of funding for projects under this sub-award under the above referenced disaster and may affect the Sub-recipient’s eligibility for future funding under the Public Assistance Program. Section 7 – Accounting and Record Keeping The Sub-recipient shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting standards and shall maintain all records and supporting documentation associated with the disaster in accordance with 2 CFR § 200.333. The Sub-recipient shall retain documentation supporting each claim for a period of not less than three years from the date of the final payment and; the Sub-recipient shall give state and federal agencies designated by the Governor’s Authorized Representative (GAR) or Alternate GAR access to and the right to examine all records and documents related to the use of disaster assistance funds. 66 PW#Version Eligible Amount Federal Share % Federal Obligated Amount State Share % State Obligated Amount Local Share % Local Amount 141 0 $8,409.34 75.00%$6,307.01 19.00%$1,597.77 6.00%$504.56 143 0 $10,723.86 75.00%$8,042.90 19.00%$2,037.53 6.00%$643.43 293 0 $3,028,121.48 75.00%$2,271,091.11 19.00%$575,343.08 6.00%$181,687.29 293 1 $2,128,593.00 75.00%$1,596,444.75 19.00%$404,432.67 6.00%$127,715.58 299 0 $152,362.74 100.00%$152,362.74 0.00%$0.00 0.00%$0.00 Total:$5,328,210.42 $4,034,248.51 $983,411.05 $310,550.86 3 of 9 67 5.The Sub-recipient is aware that limited funding may be made available for mitigation of future disaster damages, which requires cost-sharing on the basis of 75% federal and 25% non-federalcontribution, and that the Sub-recipient may be required to provide the full non-federal share for such mitigation activities. 6.The Sub-recipient shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with federally accepted accounting standards or as directedby the GAR or Alternate GAR. 7.Sub-recipient shall not deviate from the Scope of Work as provided and described in the Project Worksheet(s), without first receiving written approval from the FEMA through VDEM. 8.The Sub-recipient shall begin and complete all items of work within the time limits established by the GAR or Alternate GAR. a.Emergency Work (Categories A and B) shall be completed within six months from, the date of the Federal Disaster Declaration. Period of Performance date is . b.Permanent Work (Categories C – G) shall be completed within 18 months from, the date of the Federal Disaster Declaration: Period of Performance date is . c.Extensions may be granted, upon request, for those factors that are out of the span of controlof the Sub-recipient. The Sub-recipient must write a letter to the GAR or Alternate GAR at VDEM, requesting an official extension and supplying valid documentation/reasoning as to why the project cannot be completed on time. This request must be submitted through the in vdem.emgrants.com through the time extension request workflow. Authorization for an extension remains at the discretion of VDEM and/or FEMA and will be made in writing by VDEM or FEMA depending on the agency’s respective extension authority. 9.Sub-recipient will submit to VDEM quarterly updates on all open projects. These updates will be due on April 15, July 15, October 15, and January 15 and must be submitted in vdem.emgrants.com through the quarterly reporting workflow. 10.The Sub-recipient shall, upon the request of VDEM, participate in initial, interim, and final site inspections with the State Public Assistance Officer or designee. 11.The Sub-recipient shall comply with all applicable codes and standards in completion of eligible repair or replacement of damaged public facilities. 12.The Sub-recipient shall comply with any requirement by FEMA to obtain and maintain any insurance coverage prior to receipt of funding. The Sub-recipient shall produce evidence and documentation of said insurance coverage. The Sub-recipient shall ensure that all applicable local, state, and federal permits have been obtained prior to starting any construction and that all projects are consistent with current codes and standards. 13.The Sub-recipient will engage VDEM and FEMA as soon as it identifies a change to the Statement of Work, in order to allow FEMA time to review changes for eligibility and environmental and historic preservation (EHP) compliance requirements prior to commencement of work. If the Sub-recipient begins work associated with a change before FEMA’s review and approval, it will jeopardize public assistance funding. 14.The Sub-recipient shall comply with all federal and state statutes and regulations relating to non-discrimination 68 The Sub-recipient shall comply, as applicable, with the provisions of the Davis-Bacon Act relating to labor standards. The Sub-recipient agrees to establish internal personnel safeguards, which will prohibit employees from using their positions for a purpose that creates, or gives the appearance of creating, a desire for private gain for themselves or for others, particularly those persons who have a family, business, or other tie to the employee. The Sub-recipient agrees to comply with provisions of the Drug-Free Workplace Act as set forth in Attachment B and incorporated herein. 15. 16. 17. 18.The Sub-recipient agrees that it will not use any federal funds for lobbying and will disclose the use ofnon-federal funds for lobbying by filing any documentation and/or forms that are required by either thefederal government or the Commonwealth as set forth in Attachment A and incorporated herein. 19.The Sub-recipient agrees to comply with the Assurances Non-Construction Programs requirements,which are incorporated herein. 20.The Sub-recipient certifies that the federal and state disaster assistance requested through the submissionof this application does not and will not duplicate any financial assistance or cost reimbursement received for the same disaster cost or loss under any other program or from insurance or any othersource. 21.The Sub-recipient shall not enter into cost plus percentage of cost contracts for completion of disaster restoration or repair work projects. 22.The Sub-recipient shall not enter into any contracts for which payment is contingent upon receipt of state or federal funds. 23.The Sub-recipient shall not enter into any contract with any party that is debarred or suspended from participating in federal assistance programs. 24.The Sub-recipient shall return to the state, within 30 days of such request by the GAR or AlternateGAR, any advance funds that are not supported by audit or other federal or state review ofdocumentation maintained by the Sub-recipient. If the Sub-recipient fails to refund the monies, the Commonwealth reserves the right to offset the amount due against any existing or future sums of moneyowed to the Sub-recipient by any Commonwealth agency or department. Section 12 ‐ Amendment This Agreement may be modified, amended, altered, or changed at any time by VDEM. All amendments will be made in writing to the Sub-recipient. Amendments may also be made by mutual consent between VDEM and Sub-recipient, if agreed to in writing and executed by both parties. Section 13 – Termination of Agreement Termination of this Agreement can occur as an effect of the following results: 69 1. Proper completion and closeout of this project;2. Termination for Breacha.In the event of breach by the Sub-recipient of this Agreement, VDEM shall provide written notice to the Sub-recipient specifying the manner in which the Agreement hasbeen breached. If a notice of breach is given and the Sub-recipient has not substantiallycorrected the breach within 60 days of receipt of the written notice, VDEM shall have the right to terminate the Agreement. The Sub-recipient shall be paid for no servicerendered or expense incurred after receipt of the notice of termination, except such feesand expenses incurred prior to the effective date of termination that are necessary for curtailment of its work under the Agreement.3. Termination for Convenience or other termination as allowed or required by 44 CFR for projectswhich cannot be completed as described in the FEMA-approved grant project application and theScope of Services – Attachment D, herein.a.Communication of this decision and information related to the project termination willbe provided to the Sub-recipient in coordination with FEMA through registered mail. 70 Article XIV – Entire Agreement This Agreement represents the complete and final understanding of VDEM and the Sub-recipient. No other understanding, oral, or written, regarding the subject matter of this Agreement, may be deemed to exist or to bind the parties at the time of execution. Signed for the Sub-recipient: Authorized Agent Name and Title Date Sub-recipient's Authorized Agent (Signature) Signed for the State/Recipient: Virginia Department of Emergency Management Cheryl Adkins, Chief Financial Officer Typed Name and Title Chief Financial Officer (Signature) Date 71 Attachment A CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements This certification is required by the regulations implementing the New Restrictions on Lobbying, 44 CFR Part 18. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, toany person for influencing or attempting to influence an officer or employee of an agency, a Memberof Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with the awarding of any Federal contract, the making of any Federal grant, the making ofany Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submitStandard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the awarddocuments for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Agent Date ____________________________________________________________________________ 72 ATTACHMENT B Administrative Requirements and Guidance •Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, asamended, and as implemented by 44 CFR §§ 13, 206. •Flood insurance purchase requirements of the Flood Disaster Protection Act, 42 U.S.C. §§ 4001 et seq., as amended. •National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., as amended, and its applicableFederal Regulations found at 44 CFR Part 10. •Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended. •Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., as amended. •Endangered Species Act of 1973, 7 U.S.C. § 136, 16 U.S.C. §§ 1531 et seq., as amended. •National Historic Preservation Act, 16 U.S.C. § 469, 470 et seq., as amended, and itsapplicable Federal Regulations found at 36 CFR § 800 and 44 CFR § 208. •Executive Order 11593, Protection and Enhancement of the Cultural Environment •Hatch Act, 5 U.S.C. § 7324 et seq., as amended, which limits the political activities of publicemployees. •2 CFR § 200 (Uniform Guidance) 73 STATEMENT OF GRANT AWARD (SOGA) Virginia Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 Local Law Enforcement("LOLE")Grant Program -FFY 23 Subgrantee: Pittsylvania DCJS Grant Number: TBD UEI#: ZKU8R668GNR4 Grant Start Date: 1/1/2024 Grant End Date: 7/31/2024 Federal Grant Number: 15PBJA-23-GG-0303 8-MUMU Federal Awardee: BJA Federal Catalog Number: 16.738 Project Description: To strengthen Crime Control Federal Start Date: 10/1/2022 Federal Funds: 1,594 State General Funds: State Special Funds: Local Match: Total Budget: 1,594 Indirect Cost Rate:If applicable Project Director Project Administrator Finance Officer Michael Taylor Stuart Turille,Jr. Kim Vanderhyde Sheriff County Administrator Director of Finance P.O.Box 407 1 Center Street 1 Center Street Chatham,Virginia 24531 Chatham,Virginia 24531 Chatham,Virginia 24531 mike.taylor@pottgov.org stuart.turille@pittgov.org kim.vanderhyde@pittgov.org If not indicated above,please provide your locality's Unique Entity Identifier(UEI#)in the space provided. This number replaces your DUNS number.As the duly authorized representative,the undersigned, having received the Statement of Grant Awards(SOGA)and Special Conditions attached thereto, hereby accepts this grant and agrees to the conditions and provisions of all other Federal and State laws and rules and regulations that apply to this award. Signature: Title: Cam,,,.,,.,(- Ad w.s ym 5-+ yri Auth rued Official(Project Administrator) . Date: o A. 1-y UEI#:ZKU.6,12,t,lA$GIN t 3 74 Page 1 of 2 Modification #1 Agreement #BEN-24-002-17 COMMONWEALTH OF VIRGINIA DEPARTMENT OF SOCIAL SERVICES 5600 Cox Road, Glen Allen, Virginia 23060 MODIFICATION #1 TO AGREEMENT #BEN-24-002-17 BETWEEN THE DEPARTMENT OF SOCIAL SERVICES AND UNITED WAY OF HENRY COUNTY AND MARTINSVILLE This Modification is an Agreement between the Commonwealth of Virginia, Department of Social Services, hereinafter referred to as “VDSS,” “DSS,” or “Purchasing Agency” and United Way of Henry County and Martinsville, relating to #BEN-24-002-17 as amended, herein after referred to as the “Contract” or “Agreement.” This Modification is hereby incorporated into and made an integral part of the Agreement. The purpose of this Modification is to document both parties’ Agreement to: A. Renew the Agreement #BEN-24-002-17, B. Revise Compensation and Replace Attachments identified herein. All changes are effective on July 1, 2024, unless otherwise noted herein, and shall be included in any subsequent Modifications. A. Reference X. Special Terms and Conditions, Subsection C. Renewal of Contract; the Commonwealth of Virginia, Department of Social Services wishes to renew the above referenced Agreement for a one (1) year period beginning on July 1, 2024, through June 30, 2025, with two (2) optional renewal periods remaining. B. Reference Section VIII. Administrative Requirements, Subsection A. Modification of Agreement. Revise as follows: 1. Reference XI. Payment Method. Add the following as the first paragraph to this Section. The total dollar amount of the obligation by the VDSS for expenses shall not exceed $213,960.50. This total dollar value may decrease/increase based on the Fiscal Year (FY25) Budget as approved by the Governor which will require a modification to the Agreement. 2. Delete Attachment E. Item 8.A Work Plan. 3. Delete Attachment E.1 Outcomes and Benefits Expected in its entirety and replace with Attachment E.2 Work Plan and Outcomes and Benefits Expected. 4. Delete Attachment G.1 Budget in its entirety and replace with Attachment G.2 Budget. 75 Page 2 of 2 Modification #1 Agreement #BEN-24-002-17 The foregoing is the complete and final expression of the parties’ agreement to modify Agreement #BEN-24-002-17 and cannot be modified, except by a writing signed by the duly authorized representative of both parties. All other terms and conditions remain unchanged. PERSONS SIGNING THIS MODIFICATION #1 ARE AUTHORIZED REPRESENTATIVES OF EACH PARTY TO THIS AGREEMENT AND ACKNOWLEDGE THAT EACH PARTY AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT. United Way of Henry County and Martinsville Commonwealth of Virginia Department of Social Services By: By: (Signature) (Signature) Name: Name: (Print) (Print) Title: Title: Date: Date: Philip Wenkstern (May 9, 2024 13:13 EDT) Philip Wenkstern Philip Wenkstern Executive Director May 9, 2024 Heather Hite (May 9, 2024 13:18 EDT) Heather Hite Heather Hite Senior Procurement Officer May 9, 2024 76 WORK PLAN Action Steps Agency/Individual Responsible Start Date End Date Convene Integrative Resource Management Team United Way 7/1 Ongoing Communicate Opportunity to Partners Throughout Community Integrative Resource Management Team (Representatives from United Way, DSS, Workforce Development, MHC Coalition for Health and Wellness, Piedmont Community Services) 7/14 Ongoing Streamline Participant Referral Process IRMT Ongoing, based on the first cohort of participants Establish a formal menu of services for use by the Integrative Resource Management Team IRMT 9/15 Annual Review Screen first cohort of referrals for service needs IRMT Beginning immediately during performance period Place the first cohort of referrals into appropriate service plans IRMT Beginning immediately during performance period Monitor the success of services provided IRMT, Workforce Case Management Ongoing Adjust the service menu based on the outcomes of the first cohort IRMT Ongoing 77 EXPECTED OUTCOMES AND BENEFITS – BEN-24-002 Subgrantee Name: Contract Number: BEN-24-002 Grant Period: July 1, 2024 – June 30, 2025 Expected Outcomes and Benefits: Describe the anticipated participation levels, outputs, and outcomes of the program/services by completing the table below. Directions: Column 1: Components - If applicable, identify additional expected output/outcome components in the Other Achievements section (example: # of vehicles placed w/participants, # of ESL participants). Column 2: Current FY Plan Totals – Enter the total number/ wage figures planned for Year End FY24 from your FY24 Quarterly Report Column 4: Next FY Plan Totals – Enter the total new number/wage figures planned for your FY25 Renewal. Ensure that the sum of number entering employment PT and number entering employment FT are equal to the total number who entered employment on row three. Components Current FY (6- month FY24) Plan Totals Next FY (2025) Plan Totals Number participating in services 20 50 Number participating in job skills trainings 8 20 Number who entered employment 8 35 Number entered employment part time 3 15 Number entered employment full time 5 20 Average starting hourly wage for those who entered employment $12.50 $12.50 Number employed with benefits 5 12 Number moving from part time to full time 2 5 Number who obtained a wage increase 6 12 Average hourly wage increase (currency not %) $3.25 $3.50 Number employed for three months 8 20 Number employed for six months 6 20 Number employed one year 5 20 Number of jobs in a Career Pathway 9 18 Number receiving a credential 4 12 Number obtaining their GED 2 2 Number who obtained SSI 2 2 Number who completed their treatment 2 2 Other Achievements (Identify Below) Receive their NCRC (National Career Readiness Certificate) 5 78 Instructions for Completing Budget Sheets P1-Budget Summary: Fill in the cells titled "SUBGRANTEE Name" and "Grant Period" at the top of the worksheet. Proceed to entering budget items on the sheet called "P2 Salary" and continue until you have completed all worksheets that apply to your application. P2-Salary This worksheet details which program staff positions will be funded through this grant. Please list names of program staff to be funded. Only list the staff that will be funded (in whole or part) by this grant. (Attachments with a list of staff members will not be accepted.) List the titles of staff. List total hours worked per week. List hours per week spent on THIS program. List # of hours per week to be paid by VDSS. List total gross annual salary. P-3 Itemized Budget for Employee Benefits: This section of the worksheet details the benefits offered to employees of your program. Names and titles of employees will populate from P2 Salary. Be sure to work down the column instead of across for each employee. Enter total amount of each benefit for each employee for the year (except FICA. FICA will be automatically calculated.) Enter the percentage of benefits that you would like VDSS to pay for each employee for each benefit. This may or may not be the same percentage you are requesting for salaries. However, the benefits percentage cannot exceed Column K in the tab called "P2 - Salary." P-4 Other Expenses This tab allows for line items that are being requested for expenses other than salaries and benefits. All expenses must directly relate to THIS program. Indirect Costs: Complete EITHER Tab P-5 Indirect OR Tab P-5 Indirect (2). P-5 Indirect -- Complete this sheet if you do NOT have a federally approved negotiated cost rate. If you have a federally approved rate, skip this page and go to Tab P-6 Indirect (2). Indirect costs will be based on the de minimis calculation: Up to 10% X MTDC (Modified Total Direct Costs) P-5 Indirect (2) --Complete this sheet only if you have a federally approved negotiated cost rate. Skip this sheet if you filled out Tab P-6. Indirect costs will be based on the NICRA (Negotiated Indirect Costs Rate Agreement). P-6 Budget Narrative: Use this worksheet to provide your budget narrative according to amounts requested on Pages 2-4. Provide an in depth summary along with examples of calculations in this sheet. Example: Printing 500 copies of a new brochures. The cost per item is .39. The cost of 500 (brochures) x .39 (each copy) = $195.00. 79 SUBGRANTEE NAME United Way of Henry County an Grant Period July 1, 2024 - June 30, 2025 Contract #BEN-24-002-17 Attachment # BUDGET CATEGORY TOTAL PROGRAM BUDGET (Including amount requested from VDSS) TOTAL VDSS REQUEST SALARIES $8,181.25 $8,181.25 EMPLOYEE BENEFITS $3,171.58 $3,171.58 RENT $0.00 $0.00 OFFICE & PROGRAM $0.00 $0.00 EQUIPMENT $0.00 $0.00 SUBAWARDS $183,156.72 $183,156.72 TRAINING/TRANSPORTATION $0.00 $0.00 OTHER $0.00 $0.00 INDIRECT COSTS $19,450.95 $19,450.95 Total $213,960.50 $213,960.50 Percentage of Total Program Budget Requested from DSS 100% BUDGET SUMMARY - DSS FUNDS Awarded funds cannot be used to supplant existing funds. 80 SUBGRANTEE NAME: Grant Period:Column K Craig McCroskey Director, Financial Stability 40 5.5 5.5 14%100%$59,500.00 $8,181.25 $8,181.25 14% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% 0%0%$0.00 $0.00 0% $59,500.00 $8,181.25 $8,181.25 Title Total hours per week # of hours per week spent on this program United Way of Henry County and Martinsville July 1, 2024 - June 30, 2025 Maximum % of benefits that VDSS will pay for this employee ITEMIZED BUDGET - SALARIES # of hours per week spent on this program to be paid by VDSS Total Gross Annual Salary Amount of salary devoted to this program Amount of salary to be paid by VDSS % of time spent on this program % of program salary to be paid by VDSS Name of Staff (List names of program staff to be funded in whole or part by VDSS only) 81 SUBGRANTEE Grant Period: Title Director, Financial Stability 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total FICA per employee 4,551.75$ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - % requested from DSS 14%14%14% Amt requested from DSS 637.25$ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 637.25 Total RETIREMENT 3,360.00$ % requested from DSS 14% Amt requested from DSS 470.40$ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 470.40 Total LIFE INSURANCE % requested from DSS Amt requested from DSS $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total UNEMPLOYMENT % requested from DSS Amt requested from DSS $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total WORKERS COMP % requested from DSS Amt requested from DSS $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total HEALTH INSURANCE 14,742.36$ % requested from DSS 14% Amt requested from DSS $ 2,063.93 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,063.93 Total OTHER BENEFITS % requested from DSS Amt requested from DSS $ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ - Benefits per employee $ 3,171.58 $ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3,171.58 $ 3,171.58 00000000000 Total benefits requested from DSS 0Name of Employee Craig McCroskey 0 000 ITEMIZED BUDGET - BENEFITS United Way of Henry County and Martinsville 0 July 1, 2024 - June 30, 2025 00 82 SUBGRANTEE Name: Grant Period: RENT SUBAWARDS $183,156.72 STAFF TRAVEL & TRAINING $ - Travel OFFICE and PROGRAM EXPENSES $0.00 Training Printing Postage OTHER $ - Supplies Other (Specify) Utilities Other (Specify) Phone Other (Specify) Participant Support Costs Other (Specify) Other (Specify)Other (Specify) Other (Specify)Other (Specify) Other (Specify)Other (Specify) Other (Specify) EQUIPMENT $ - Place each individual equipment purchase over $5,000 below. Each equipment purchase under $5,000 should be placed under Supplies above. Place each equipment purchase with a service life of one year or less (no matter the cost) under Supplies as well. Equipment Purchase over $5,000 (Specify) Equipment Purchase pver $5,000 (Specify) Equipment Leases Total $183,156.72 ITEMIZED BUDGET - OTHER PROPOSED EXPENSES Amount Requested LINE ITEM * Awarded funds cannot be used to supplant existing funds. United Way of Henry County and Martinsville July 1, 2024 - June 30, 2025 LINE ITEM Amount Requested Only list expenses directly related to this program. 83 Subgrantee Name:United Way of Henry County and Martin Grant Period:July 1, 2024 - June 30, 2025 DIRECT COSTS SALARIES $8,181.25 EMPLOYEE BENEFITS $3,171.58 RENT $0.00 OFFICE & PROGRAM $0.00 EQUIPMENT $0.00 SUBAWARDS $183,156.72 TRAINING/TRANSPORTATION $0.00 OTHER $0.00 TOTAL DIRECT COSTS $194,509.55 EXCLUDED EXPENSES Rent $0.00 Equipment over $5,000 $0.00 Subcontracting Expenses: Amount >$25,000 Other Excluded Costs Total Excluded Costs $0.00 Total Direct Costs - Excluded Costs = Base $194,509.55 Indirect Costs Percentage Rate 10% Base x Percentage Rate = Indirect Costs $19,450.95 INDIRECT COSTS -- DE MINIMIS CALCULATION INDIRECT COSTS If you have a federally approved indirect costs rate, skip this page and go to Tab P-5 (2). 84 Subgrantee Name:United Way of Henry County and M Grant Period:July 1, 2024 - June 30, 2025 Direct Costs SALARIES $8,181.25 EMPLOYEE BENEFITS $3,171.58 RENT $0.00 OFFICE & PROGRAM $0.00 EQUIPMENT $0.00 SUBAWARDS $183,156.72 TRAINING/TRANSPORTATION $0.00 OTHER $0.00TOTAL DIRECT COSTS $194,509.55 EXCLUDED EXPENSES Please enter the total amount of all excluded expenses from above (according to your NICRA). Total Direct Costs - Excluded Costs = Base $194,509.55 Federally Approved Indirect Costs Percentage Rate Base x Percentage Rate = Indirect Costs $0.00 INDIRECT COSTS Indirect Costs Calculation with NICRA Skip this sheet if you filled out TAB P-5 Indirect. 85 SUBGRANTEE Name: Grant Period: Line Item Budget Request Narrative Description SALARIES $8,181.25 United Way staff coordinator time to coordinate existing programs between WIB & UW, UW staff member to provide financial education and credit counseling. BENEFITS $3,171.58 Associated benefits (FICA, Health, Retirement) related to salaried. RENT $0.00 OFFICE and PROGRAM EXPENSES Printing $0.00 Postage $0.00 Supplies $0.00 Utilities $0.00 Phone $0.00 Participant Support Costs $0.00 Other (Specify)$0.00 Other (Specify)$0.00 Other (Specify)$0.00 Other (Specify)$0.00 EQUIPMENT Equipment Purchase over $5,000 (Specify)$0.00 Equipment Purchase pver $5,000 (Specify)$0.00 Equipment Leases $0.00 SUBAWARDS BUDGET NARRATIVE United Way of Henry County and Martinsville July 1, 2024 - June 30, 2025 86 IPB age $183,156.72 Workforce Investment Board has a subaward with the United Way. Subaward Breakdown: Salaries $54,075 - W Case Manager for program participants ($45,000 salary 100% funded); WIB Chief Operations Officer for financial oversight/compliance ($66,000 salary 14% funded totaling $9,075). Benefits $17,066.56 - WIB Case Manager 100% funded FICA, Retirement, Unemployment, workers comp, and health insurance totaling $13,995.84; WIB COO 14% funded FICA, Retirement, Unemployment, workers comp, and health insurance totaling $3,070.72. Printing $160 - program materials, brochures, forms, publications, etc. Postage $102 - Mailing of materials as may be necessary. Supplies $239.40 - Office supplies/materials for program support. Phone $252 - $21/month x 12 months. On Job Training $25,920 - provide employee funding for on-job training; est 6 participants x 360 hrs. max x $12/hr. Support Services $26,300 - staff support services est 40 participants x $657.50/each during training/employee start-up. Job Skills Training $36,000 - job skills training for workforce readiness est 12 participants x $3,000/each. Work Experience $20,041.74 - work experience 6 participants x $3,340.29 per work experience. Travel $2,000 - for grant admin, meeting with participants, and site visits. Training $1,000 - for grant admin. STAFF TRAVEL & TRAINING Travel $0.00 Training $0.00 OTHER Other (Specify)$0.00 Other (Specify)$0.00 Other (Specify)$0.00 Other (Specify)$0.00 Other (Specify)$0.00 Other (Specify)$0.00 Other (Specify)$0.00 INDIRECT $19,450.95 Indirect costs calculated using 10% factor Total $213,960.50 87 BEN-24-002-17 Mod No. 1 Final Audit Report 2024-05-09 Created:2024-05-08 By:Heather Hite (Heather.hite@dss.virginia.gov) Status:Signed Transaction ID:CBJCHBCAABAA5LqGq8Zdb_Ii0CJGTi_70qtCD3YSW3G- "BEN-24-002-17 Mod No. 1" History Document created by Heather Hite (Heather.hite@dss.virginia.gov) 2024-05-08 - 5:58:51 PM GMT Document emailed to philip@unitedwayofhcm.org for signature 2024-05-08 - 5:59:34 PM GMT Email viewed by philip@unitedwayofhcm.org 2024-05-08 - 6:14:17 PM GMT Signer philip@unitedwayofhcm.org entered name at signing as Philip Wenkstern 2024-05-09 - 5:13:30 PM GMT Document e-signed by Philip Wenkstern (philip@unitedwayofhcm.org) Signature Date: 2024-05-09 - 5:13:32 PM GMT - Time Source: server Document emailed to Heather Hite (Heather.hite@dss.virginia.gov) for signature 2024-05-09 - 5:13:34 PM GMT Email viewed by Heather Hite (Heather.hite@dss.virginia.gov) 2024-05-09 - 5:18:23 PM GMT Document e-signed by Heather Hite (Heather.hite@dss.virginia.gov) Signature Date: 2024-05-09 - 5:18:42 PM GMT - Time Source: server Agreement completed. 2024-05-09 - 5:18:42 PM GMT 88 TANF Grant UWay New BEN-24-002-17 July 1, 2024-June 30, 2025 WPWDB/Ross 5/13/2024 Description Budget Salaries-Case Mgr-S. Hairston 45,000.00 Salaries-COO 9,075.00 - Total Salaries 54,075.00 Benefits-Case Mgr- S. Hairston 13,995.86 Benefits-COO 3,070.72 - Total Fringes 17,066.58 Printing 160.00 Postage 102.00 Supplies 239.40 Utilities - Phone 252.00 Training- On Job Training & WEX 45,961.74 Training-Job Skills 36,000.00 Support Services 26,300.00 Staff Travel 2,000.00 Staff Training 1,000.00 - Subtotal 183,156.72 Total Request 183,156.72 Summary WIB 12,407.72 Ross 170,749.00 WIB/ROSS 183,156.72 United Way 30,803.78 Total Award 213,960.50 United Way Keeps the 5% Indirect 89 7.m. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: 2025 County Health and Dental Rates Approval Staff Contact(s): Kim VanDerHyde Agenda Date: July 16, 2024 Item Number: 7.m. Attachment(s): 1. Anthem Rates 10.01.2024-BOS 2. Dental Rates 10.01.2024-BOS Reviewed By: SUMMARY: It is time to renew the County's Health and Dental insurance for the upcoming plan year. Attached are the new rates for both health and dental, effective October 1, 2024. The Health Insurance Rates reflect an overall decrease of six percent (6 %) this year, while the Dental Insurance Rates show an overall increase of five percent (5 %). HEALTH INSURANCE CHANGES: A few changes were made to the County's Health Plan with Anthem Blue Cross Blue Shield for the upcoming plan year. Deductibles for both plans offered by the County have been raised by $500 each, due to a mandatory requirement for High Deductible Plans to increase for 2025. The Health Insurance Committee has decided to introduce an additional tier to the current plans to better support single-parent families. The new Employee/Children tier will enable single parents to add their children at a reduced rate compared to the current Family tier. With this new option, single-parent families enrolled in the High Deductible Plan will save $540.26 per month. DENTAL INSURANCE CHANGES: There were no changes made to the current Dental Insurance Coverage plans. As shown on the attached Rate Sheet, employees with Basic Coverage will see a slight reduction in premiums, ranging from $2.36 to $7.80 per month. Conversely, employees with Comprehensive Coverage will experience a modest increase in premiums, ranging from $2.38 to $18.88 per month. 90 FINANCIAL IMPACT AND FUNDING SOURCE: There will be an overall savings to the Fund of approximately $63,000 based on the County's current health insurance enrollment. This may fluctuate since the County has added the new Employee/Children tier. RECOMMENDATION: County Staff recommends the Board approve the 2025 County Health and Dental Insurance Rates for the 2025 plan year. MOTION: "I make a Motion approving the County 2025 Health and Dental Insurance Rates for plan year 2025 as presented." 91 TYPE OF COVERAGE MONTHLY PREMIUM MONTHLY INC/(DEC)MONTHLY INC/(DEC) KeyCare 30 $30 Copay/$1500 Deductible Employee Only 824.43 727.61 (12.16) 96.82 (6.18) Employee and One Child 1,136.52 689.94 (145.94) 446.58 (28.50) Employee and Children 1,573.47 802.47 771.00 - Employee and Spouse 1,894.99 913.40 54.81 981.60 (62.65) Employee and Family 2,480.34 1,047.05 (19.99) 1,433.30 (91.49) Employee Only 715.17 699.55 20.27 15.62 (1.00) Employee and One Child 981.38 709.85 (86.97) 271.54 (17.33) Employee and Children 1,360.41 829.85 530.56 - Employee and Spouse 1,639.33 957.59 104.43 681.74 (43.52) Employee and Family 2,147.10 1,140.53 59.34 1,006.58 (64.25) The Board of Supervisors agreed to pay a total of $34.17/month/per employee from the Employee Health Fund for all tiers except the Employee Only tier. They also agreed to pay an employer contribution of $1,000.00 per covered employee participating in the Lumenos (HDHP) ~ Health Savings Account (HSA). ANTHEM BLUE CROSS BLUE SHIELD OCTOBER 1, 2024 (PAYROLL DEDUCTION BEGINS IN SEPTEMBER) PREMIUMS EMPLOYEE COST COUNTY SHARE HDHP w/Health Saving Account $3,500/100% 92 EMPLOYEE COST TYPE OF COVERAGE MONTHLY PREMIUM COUNTY CONTRIBUTION MONTHLY*INC/(DEC) Employee 20.28 12.00 8.28 (2.36) Employee/Spouse 39.77 12.00 27.78 (4.68) Employee/One Child 33.62 12.00 21.62 (3.96) Family 66.58 12.00 54.58 (7.80) EMPLOYEE COST TYPE OF COVERAGE MONTHLY PREMIUM COUNTY CONTRIBUTION MONTHLY*INC/(DEC) Employee 30.99 12.00 19.00 2.38 Employee/Spouse 60.77 12.00 48.78 1.44 Employee/One Child 51.38 12.00 39.38 3.08 Family 101.74 12.00 89.74 18.88 *Amounts adjusted for cents DELTA DENTAL PLAN OF VIRGINIA DENTAL INSURANCE - EFFECTIVE OCTOBER 1, 2024 BASIC PLAN COMPREHENSIVE PLAN 93 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn McCluster Agenda Date: July 16, 2024 Item Number: 8.a. Attachment(s): None Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the July Consent Agenda or at previous Meetings. 94 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-009: Sean Barbour; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, and 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 Dalton) Staff Contact(s): Emily Ragsdale Agenda Date: July 16, 2024 Item Number: 10.a.1. Attachment(s): 1. R-24-009 Barbour App 2. R-24-009 Barbour map Reviewed By: SUMMARY: In Case R-24-009, Sean Barbour (“Petitioner”) has petitioned to rezone 0.22 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, and 0.01 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow the property to be consolidated with adjacent parcels zoned A-1 and R-1). The subject property is located on State Road 777/Yorkshire Drive, in the Callands-Gretna Election District, and shown on the Tax Maps as parts of GPIN #s 1572-74-3258 and 1572-74-4286. Once the property is rezoned to A-1 and R-1, all uses listed under Pittsylvania County Code § 35-178 and 35-222 are permitted. On June 4, 2024, the Planning Commission recommended by a 7-0 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: 95 County Staff recommends approval of Case R-24-009 as submitted. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the County's Comprehensive Plan. MOTION: “In Case R-24-009, I make a Motion approving the rezoning of 0.22 acres from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District, and 0.01 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted.” 96 97 98 99 100 101 102 103 104 105 106 107 10.a.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-010: Daniel and Natasha Gasser; Rezoning from RC-1, Residential Combined 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 Ingram) Staff Contact(s): Emily Ragsdale Agenda Date: July 16, 2024 Item Number: 10.a.2. Attachment(s): 1. R-24-010 Gasser App 2. R-24-010 Gasser Map Reviewed By: SUMMARY: In Case R-24-010, Daniel and Natasha Gasser (“Petitioners”) have petitioned to rezone 47.67 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow for an accessory structure to be placed on the property). The subject property is located on State Road 621/Primitive Baptist Road West, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1461-54-9621. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On June 4, 2024, the Planning Commission recommended, by a 7-0 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: County Staff recommends approval of Case R-24-010 as submitted. The subject property is adjacent to properties currently zoned A-1, Agricultural District. MOTION: 108 “In Case R-24-010, I make a Motion approving the rezoning of 47.67 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow for the placement of an accessory structure on the property.” 109 110 111 112 113 114 115 116 117 10.a.3. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-011: Anchorstone Advisors SOVA, LLC; Amending the future land use designation from Medium and High Density Residential and Commercial to Industrial; and Rezoning from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to M-2, Industrial District, Heavy. The Planning Commission recommended by a 7-0 vote, with opposition, that the Petitioner's request be granted. (Supervisor Hite) Staff Contact(s): Emily Ragsdale Agenda Date: July 16, 2024 Item Number: 10.a.3. Attachment(s): 1. R-24-011 Anchorstone App 2. R-24-011 Anchorstone Map 3. Proffer Statement Anchorstone Rezoning (Revised July 2024) Reviewed By: SUMMARY: In Case R-24-011, Anchorstone Advisors SOVA, LLC (“Petitioner”), has petitioned to amend the County's Comprehensive Plan Future Land Use Designation for a total of 945.79 acres from Medium and High Density Residential and Commercial to Industrial, and to rezone the same property from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to M-2, Industrial District, Heavy (to allow for a data center on the property). The subject property is located on and off of U.S. Highway 58 and State Road 735/Cedar Road, in the Dan River Election District, and shown on the Tax Maps as GPIN #s 2357-10-5598, 2357-11-7355, 2357-11-6287, 2357-11-6128, 2357-11-5160, 2357-11- 5012, 2357-21-0330, 2357-11-9266, 2357-11-9107, 2357-11-8059, 2357-11-7091, 2357-10-5587, 2356-37-0437, 2356-26-6541, 2356-36-0964, 2356-26-4413, 2356-36- 6307, 2356-44-2986, 2356-44-3500, 2356-14-1338, 2356-13-5596, 2356-03-5520, 2346-73-0926, 2346-64-2159, 2346-74-1088, 2346-74-4339, 2346-74-5770, 2346-85- 6216, 2356-07-6095, 2356-26-2181, 2356-29-2703, 2357-20-7180, and 2357-21- 118 6495. Once the property is rezoned to M-2, all uses listed under Pittsylvania County Code § 35-402 are permitted. On June 4, 2024, the Planning Commission recommended, by a 7-0 vote, with 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-24-011 as submitted with the proffers offered by the Petitioner. The subject property is adjacent to properties currently zoned M-2, Industrial District, Heavy. MOTION: “In Case R-24-011, I make a Motion amending the County's Comprehensive Plan Future Land Use Designation for a total of 945.79 acres from Medium and High Density Residential and Commercial to Industrial, and rezoning the same 945.79 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to M-2, Industrial District, Heavy.” 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 1 PROFFER STATEMENT FOR THE REZONING APPLICATION OF ANCHORSTONE ADVISORS SOVA LIMITED LIABILITY COMPANY Case Number R—24-___ July 16, 2024 Pursuant to Virginia Code § 15.2-2298 and the Pittsylvania County Zoning Ordinance § Sec. 35- 808, the undersigned owners of the property that is the subject of rezoning application (See attached Exhibit A) (collectively, the “Project,” “Property,” or “Development”) agree that the Property will be developed in accordance with the following voluntarily proffered conditions in the event the Property is rezoned from A-1 and R-1 to M-2 as requested in the rezoning application submitted by Anchorstone Advisors SOVA Limited Liability Company (“Applicant” or “Developer”): 1. Uses. (a) Permitted and Special Use Permit Uses. The primary uses of the Property shall be limited to one or more of the following: Data Center; Warehousing and Distribution; Laboratory, Research and Development; Light Manufacturing; or Telecommunications Facility, each as defined by the Pittsylvania County Zoning Ordinance, as amended. The Applicant shall request a Special Use Permit (subject to approval by the Board of Zoning Appeals) if required in the M-2 District. Notwithstanding the foregoing, the following uses shall not be allowable uses of the Property: raceway, junkyard/salvage yard, landfill, or residential dwellings. Uses in support of the above permitted uses or those permitted with the approval of a Special Use Permit may be constructed on the Property, including but not limited to: (i) buildings for support offices, maintenance, and security, (ii) electric generation, distribution, transmission, and substation facilities to serve the Property, (iii) water and sewer facilities, (iv) communication, broadband, and fiber optic utilities, and (v) other supporting uses that relate to and support the primary uses described herein. (b) Definitions. The primary uses of the Property shall be defined by the Pittsylvania County Zoning Ordinance, and generally consistent with the following definitions: i. Data Center: A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. ii. Warehousing and Distribution: Uses including storage, warehousing, and dispatching of goods within enclosed structures. Typical uses include wholesale distributors, e- commerce fulfillment centers, storage warehouses, and moving/storage firm. Incidental fleet vehicle parking and fueling may be provided as an accessory use. iii. Laboratory, Research and Development: An establishment whose principal purpose is the research, compounding and/or packaging of scientific products, or research and development of innovative ideas in technology-intensive fields. Examples include research and 137 2 development of communication systems, robotics, transportation, geographic information systems, multi-media, and video technology. Development and construction of prototypes, incubator space, and light manufacturing may be associated with this use. iv. Light Manufacturing: Establishments primarily engaged in the on-site production of goods including, assembly, packaging or fabrication of materials and products within enclosed structures without significant external effects such as smoke, noise, soot, vibration, odor, and the like. Uses may include, but are not limited to, a machine shop, or activities related to the production of musical instruments, furniture, medical appliances and supplies, pharmaceuticals, tools or hardware, any other product of a similar nature. Retail sales may be incidental to the manufacturing use. v. Telecommunications Facility: Any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio antennas, which are defined separately. Also excluded are wireless communication antennas which fit the definition of Small cell facility and “Administrative review-eligible project” as defined in the Code of Virginia §15.2-2316.6 and supplied as Utility Service, Minor by the Zoning Ordinance. 2. Transportation Network. If the final use of the Property meets the threshold requirements for a traffic impact analysis, then the Applicant will submit to the County a traffic impact analysis performed in accordance with the Virginia Administrative Code (24 VAC 30-155). The Applicant agrees to perform any transportation improvements as required by VDOT, in accordance with the deadlines established in any permits, to mitigate for impacts to the public transportation system which will occur because of this Project. All required permits will be obtained from VDOT prior to construction for the applicable phase of Development. For all improvements to the existing transportation system and for all proposed streets that VDOT will be asked to maintain, the Applicant will arrange for a firm not otherwise related to the Applicant or contractor to provide inspection services for construction. Inspection and testing methodology and frequency shall be accomplished in accordance with the VDOT Materials Division's Manual of Instructions and the VDOT Road and Bridge Specifications. A report shall be submitted to VDOT summarizing the inspections steps taken, certifying the results of the inspection, and testing as accurate, and confirming that the streets or improvements were built to the approved specifications and pavement design, and signed and stamped by a professional engineer licensed to practice as such in the Commonwealth of Virginia. 3. Fire and Emergency Services. Prior to the issuance of the first building permit, the Applicant, owner, or operator will facilitate a meeting with the County’s Fire and Emergency Management Services who will be the first responders to the Project. The meeting shall describe relevant information that is critical to the emergency personnel when responding to emergencies at the Property. Subject to the security requirements of any users of the Property, the County’s Fire and Emergency Management Services may request similar meetings for new volunteers on no greater frequency than an annual basis. 138 3 4. Compliance with Laws. The Applicant, owner, operator and Project shall, at all times, comply with all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, including but not limited to the County’s performance standards for data centers in effect at the time of the rezoning. The Applicant, owner, operator and Project shall obtain and, as necessary, maintain all applicable federal, state, and local permits. 5. Setbacks. The Applicant will maintain a setback of principal building structures of not less than seventy-five feet (75’) from the exterior Property lines, unless the zoning designation of the adjacent parcel requires a larger setback. There shall be no required setbacks for parcels that are internal to the Project. 6. Riparian Buffer. The Applicant shall retain a riparian buffer, as defined by the DCR or Department of Forestry, of no less than 150 feet on each side of the Cane Creek regulatory floodway or Tom Fork regulatory floodway and shall provide other erosion control and stormwater management best practices to prevent erosion into Cane Creek or Tom Fork; provided, however that the Applicant may construct improvements to cross Cane Creek and Tom Fork and any buffer as needed for access across the Property or for the installation of utilities. 7. Screening and Vegetation. On the site development plan for each phase of the Property, the Applicant will identify tree save areas and will maintain at a minimum a thirty foot (30’) vegetative buffer on the perimeter of the Property that adjoins property that is not included in the rezoning application. If the Applicant is required to disturb areas within the minimum thirty foot (30’) vegetative buffer to construct any improvements or such vegetative buffer does not exist, then the Applicant will install supplemental plantings consisting of staggered rows of planted trees and large shrubs that are intended for screening. At least fifty percent (50%) of the trees and/or shrubs used in the staggered rows shall be evergreen in nature. All planted vegetation shall be of varieties native or adaptable to the region that are expected to reach a minimum height of at least to fifteen (15) feet (or minimum of 10 feet if specifically designed for screening) in height at maturity and will be no less than six (6) feet at the time of planting. 8. Security and Security Fencing. The Applicant will utilize various techniques to secure the Property during site-preparation, construction, and materials and equipment deliveries, including but not limited to, technology monitoring, in person security personnel, fencing, and secured access controls. Each developed area within the Property will be enclosed by perimeter fencing not less than six (6) feet in height. Lighting shall be designed, installed and operated, so as to minimize off-site effects as much as reasonably practicable. 9. Water. (a) The Applicant agrees that the Project shall be connected to public water infrastructure. Prior to the construction of the first building on the Property, the Applicant shall submit to the County, design plans for the applicable phase of Development, prepared by an engineer licensed in the Commonwealth of Virginia. The design plans shall show the existing and proposed water infrastructure necessary to serve the applicable phase of the Project. The design plans shall be in conformance with all County and State rules, regulations, and construction standards. In addition to the required on-site infrastructure, the design plans shall include any off- site improvements to public water facilities that will be required to support the Applicant’s uses of the Property. The final sizes, lengths, and locations of the proposed on-site and off-site 139 4 improvements shall be reviewed and determined by the County and the utility provider based on the evaluation of existing conditions and capacity of the water mains to serve the Property, while maintaining the then current operation of the public water system. (b) All on-site public water infrastructure within the Property that is necessary to serve the Applicant’s uses of the Property shall be constructed at the Applicant’s sole expense. The Applicant shall be responsible for its proportional share of costs and expenses for off-site improvements or upgrades to the existing public water infrastructure necessary to serve the Applicant’s uses of the Property. The Applicant shall not be responsible for the costs and expenses of any planned capital improvement projects or upgrades by the County or the utility provider. All infrastructure and improvements constructed by the Applicant or its contractors shall be constructed in accordance with the approved design plans and shall be in conformance with State and County construction standards. (c) Notwithstanding the Applicant’s obligation to pay for all public water infrastructure to serve the Applicant’s uses of the Property, if infrastructure funds are available through Federal or State sources, then the County or utility provider agrees to reasonably cooperate with the Applicant’s request to obtain such funding for the Project. Application, identification, and administration for any such funding shall be the Applicant’s responsibility so as not to burden the County or utility provider financially for such information. In the case of a reimbursable grant, all up-front expenditures shall be Applicant’s responsibility, who shall request reimbursement from the County once those reimbursement funds are made available to the County. 10. Sewer. (a) The Applicant agrees that the Project shall be served by public sewer infrastructure. Prior to the construction of the first building on the Property, the Applicant shall submit to the County, design plans for the applicable phase of Development, prepared by an engineer licensed in the Commonwealth of Virginia. The design plans shall show the existing and proposed sewer infrastructure necessary to serve the applicable phase of the Project. The design plans shall be in conformance with all County and State rules, regulations, and construction standards. In addition to the required on-site infrastructure, the design plans shall include any off-site improvements to public sewer facilities that will be required to support the Applicant’s uses of the Property. The final sizes, lengths, and locations of the proposed on-site and off-site improvements shall be reviewed and determined by the County and the utility provider based on the evaluation of existing conditions and capacity of the sewer mains to serve the Property, while maintaining the then current operation of the public sewer system. (b) All on-site public sewer infrastructure within the Property that is necessary to serve the Applicant’s uses of the Property shall be constructed at the Applicant’s sole expense. The Applicant shall be responsible for its proportional share of costs and expenses for off-site improvements or upgrades to the existing public sewer infrastructure necessary to serve the Applicant’s uses of the Property. The Applicant shall not be responsible for the costs and expenses of any planned capital improvement projects or upgrades by the County or the utility provider. All infrastructure and improvements constructed by the Applicant or its contractors shall be constructed in accordance with the approved design plans and shall be in conformance with State and County construction standards. 140 5 (c) Notwithstanding the Applicant’s obligation to pay for all public sewer infrastructure to serve the Applicant’s uses of the Property, if infrastructure funds are available through Federal or State sources, then the County or utility provider agrees to reasonably cooperate with the Applicant’s request to obtain such funding for the Project. Application, identification, and administration for any such funding shall be the Applicant’s responsibility so as not to burden the County or utility provider financially for such information. In the case of a reimbursable grant, all up-front expenditures shall be Applicant’s responsibility, who shall request reimbursement from the County once those reimbursement funds are made available to the County. 11. Local Labor and Trades. The Applicant will use reasonable efforts and will direct its contractors to use reasonable efforts to solicit labor and other trades from local sources, including advertising employment and construction opportunities and construction bidding through local public resources. 12. Construction. A construction management plan shall be submitted to the County prior to the approval of the land disturbance permit for any phase of development of the Project. The construction management plan shall document the proper administration of construction activities at the applicable phase of the Project. 13. Operational Sound and Testing. The Applicant shall comply with the County’s Noise Control Ordinance. Unless exempted under the County’s Noise Control Ordinance, any Data Center uses of the Property shall not produce sounds at level that exceeds 65 dBA as measured at the property line. The maximum sound level for other uses shall be governed by the County’s Noise Control Ordinance. (a) After completion of construction and prior to commencement of operation of a primary use, the Applicant shall submit a sound test prepared by a qualified member of the Acoustical Society of America (ASA), a Board Certified member of the Institute of Noise Control Engineering (INCE), or other credentialed professional. The purpose of such test is to confirm noise levels after completion of construction and prior to commencement of operation meet the requirements of this proffer and/or any additional use performance standards of the Zoning Ordinance and conditions associated with the use. (i) If the sound test finds that noise levels exceed 65 dBA for a data center, 77 dBA between 7:00 a.m – 10:00 p.m. or 65 dBA between 10:00 p.m. – 7:00 a.m. for another use, then there shall be no commencement of the use. (ii) For projects completed in phases, the above testing requirements shall apply after construction of each phase and prior to full operation of the applicable phase. (b) Annual Testing. Noise testing as specified in this proffer shall be conducted annually and submitted to the Zoning Administrator no later than July 1 of each calendar year for the life of the use. (c) If the sound test finds that noise levels exceed the maximum permissible dBA stated in this proffer, the Applicant shall have 48 hours to mitigate the violation or operations shall be suspended and the Applicant shall cease the use until such time that the Applicant can demonstrate the noise levels are in compliance with this proffer. 141 6 (d) The Applicant agrees that the testing of any back-up generators at the Project shall be limited to between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, unless otherwise required by applicable state or federal law or regulation. 14. Lighting. Lighting shall be designed to minimize off-site effects and shall adhere to dark sky principles while also considering reasonable security and safety lighting requirements. 15. Construction Access. The construction management plan for each phase of the Project shall require all construction traffic to use U.S. Hwy 58. Clarks Mill Road and Cedar Road and other secondary roads shall only be used for construction traffic if no other reasonable alternative exists, or in the case of emergencies and ongoing facility maintenance. The Applicant shall be responsible to ensure such vehicles comply with the above construction access limitations during the facility construction process. The undersigned hereby warrants that all the owners of a legal interest in the subject Property have signed this Proffer Statement, that they have full authority to bind the property to these conditions, that the proffers contained in this statement are not “unreasonable” as that term is defined by Virginia Code, and that the proffers are entered into voluntarily. The undersigned certifies that, to the best of his, her, or its knowledge, the information in this Proffer Statement is true, accurate, and complete. This Proffer Statement will bind the Applicant and any future owners of the Property. Should any provision of this Proffer Statement be determined to be invalid by a court of competent jurisdiction, that determination shall not affect the validity of the remainder of the provisions in this document. [signatures follow on next page] 142 7 _________________________________ MARK TIMOTHY BOWLING COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________ Acknowledged before me this ________ day of ________________, 2024. ____________________________________ Notary Public My Commission Expires: Registration No.: ______________________ HUBERT C. SELLERS, JR. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________ Acknowledged before me this ________ day of ________________, 2024. ____________________________________ __________________ Notary Public My Commission Expires: Registration No.: _______________________________ MARY M. SELLERS COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________ Acknowledged before me this ________ day of ________________, 2024. ____________________________________ Notary Public My Commission Expires: Registration No.: 143 8 _______________________________ DUDLEY PEYTON SELLERS COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________ Acknowledged before me this ________ day of ________________, 2024. ____________________________________ Notary Public My Commission Expires: Registration No.: _______________________________ HUBERT C. SELLERS, III COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________ Acknowledged before me this ________ day of ________________, 2024. ____________________________________ Notary Public My Commission Expires: Registration No.: 144 9 Exhibit A Property Tax Map Parcels – Mark Bowling 2357-10-5598 2356-26-4413 2357-11-7355 2356-36-6307 2357-11-6287 2356-44-2986 2357-11-6128 2356-44-3500 2357-11-5160 2356-14-1338 2357-11-5012 2356-13-5596 2357-21-0330 2356-03-5520 2357-11-9266 2346-73-0926 2357-11-9107 2346-64-2159 2357-11-8059 2346-74-1088 2357-11-7091 2346-74-4339 2357-10-5587 2346-74-5770 2356-37-0437 2346-85-6216 2356-26-6541 2356-07-6095 2356-36-0964 2356-26-2181 Tax Map Parcels – Sellers 2356-29-2703 2357-20-7180 2357-21-6495 145 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: Solar Battery Siting Agreement (RIFA Tupelo Project) Staff Contact(s): Matthew Rowe Agenda Date: July 16, 2024 Item Number: 10.b.1. Attachment(s): 1. 07-16-2024 Public Hearing Notice - Solar Battery Siting Agreement - 2. Siting Agreement -clean version Reviewed By: SUMMARY: In 2021, the General Assembly passed legislation giving localities additional measures to further regulate the development of utility-scale solar energy facilities. This legislation requires that any solar project or an energy storage project applicant give the host locality written notice of the applicant's intent to locate in the locality and request a meeting to discuss a related Siting Agreement. Once a Siting Agreement has been negotiated with the County, a Public Hearing must be held before it can be executed. This Public Hearing has been duly and legally advertised/noticed. For the Board’s review and consideration, attached is a solar Siting Agreement for the Tupelo Solar Project to be located on RIFA-owned land. Said Siting Agreement has been successfully negotiated with the County. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable currently. RECOMMENDATION: Following the conducting of the legally required Public Hearing, County Staff recommends the Board approve the execution of the attached Siting Agreement for the Tupelo Solar Project. MOTION: 146 "I make a Motion approving the execution of the attached Siting Agreement for the Tupelo Solar Project." 147 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, July 16, 2024, at 7:00 p.m., at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive public comment on the potential consideration of a solar battery siting agreement for a potential solar project in Pittsylvania County, Virginia, as required by Virginia Code § 15.2- 2316(B). Related documentation/information is available for public viewing at the County Administration Building, 1 Center Street, Chatham, Virginia 24531, Monday through Friday from 8:00 a.m. to 5:00 p.m., and on the County’s website: www.pittsylvaniacountyva.gov. 148 Page 1 of 14 SITING AGREEMENT This SITING AGREEMENT (together with all exhibits appended hereto, this “Siting Agreement”) dated as of ________________, 2024 (the “Effective Date”) is made by and between Tupelo Storage, LLC, a North Carolina limited liability company (“Tupelo”), and THE COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”). Tupelo and the County may each be referred to herein as “Party” and collectively, the “Parties.” RECITALS: WHEREAS, Tupelo is proposing to develop an approximately 55 megawatt (“MW”) alternating current (“ac”) Battery Energy Storage System (“BESS”) (the “Project”) on certain parcels of land located in the County and identified by the Tax Map Numbers set forth in Exhibit A hereto (collectively, the “Property”); and WHEREAS, pursuant to Code of Virginia Chapter 22, Title 15.2, Article 7.3 (the “Siting Agreement Statute”), Tupelo and the County may enter into a siting agreement with respect to an energy generating facility proposed to be located in the County; and WHEREAS, pursuant to Code of Virginia § 15.2-2316.7, Tupelo is required to provide the County with written notice of Tupelo’s proposed intent to locate the Project in Pittsylvania County and request a meeting to discuss and negotiate a Siting Agreement (such notification, discussion and negotiation being the “Siting Agreement Process”); WHEREAS, prior to the date hereof, Tupelo commenced the Siting Agreement Process with respect to the Project; WHEREAS, the Project has a nameplate electrical energy generating capacity of 55 MW(ac), as shown in the first application of Tupelo for interconnection of the Project with the applicable utility, and thus in no event would a statutory exemption from local machinery and tools (“M&T”) taxation (as provided by Code of Virginia § 58.1 – 3508.6 and local ordinance) apply to the Project; WHEREAS, the County has not adopted an ordinance pursuant to Code of Virginia § 58.1- 2636 assessing a revenue share of up to $1400 per MW(ac) (a “Revenue Share Ordinance”), and thus in the absence of this Siting Agreement the obligation to pay one hundred percent (100%) of applicable M&T tax would apply to the Project; WHEREAS, pursuant to authority granted in the Siting Agreement Statute, the County wishes to enter into this Siting Agreement with Tupelo pursuant to which the County sets forth financial obligations of Tupelo in lieu of any obligation of Tupelo to pay M&T tax in any amount over the life of the Project; 149 Page 2 of 14 WHEREAS, as set forth herein, the parties have negotiated the terms and conditions of this Siting Agreement, the effectiveness of which is conditioned on the negotiation of a Ground Lease with the Danville-Pittsylvania Regional Industrial Authority authorizing the use of the Property for the Project; WHEREAS, pursuant to the requirement of Code of Virginia §15.2-2316.8(B), the County has held a public hearing in accordance with Code of Virginia §15.2-2204(A) for the purpose of considering this Siting Agreement; and WHEREAS, at a meeting of the Board of Supervisors of Pittsylvania County (the “Board”), a majority of a quorum of the members of the Board approved this Siting Agreement. NOW, THEREFORE, pursuant to Code of Virginia Chapter 22, Title 15.2, Article 7.2, intending to be legally bound hereby and in consideration of the mutual covenants and agreements set forth herein, the receipt and sufficiency of which are conclusively acknowledged, the Parties hereby agree as follows: 1. CAPITAL PAYMENT OBLIGATION. (a) Payment Schedule. Tupelo will make the following payment (the “Capital Payment”) to the County at the milestones set forth below in the total amount of $15,000 per megawatt: (i.) Initial Capital Payment at Ground Lease: Within ninety days of the execution of the Ground Lease as set forth in Section 4(a), Tupelo will transfer by wire to the County the initial Capital Payment in the amount of $41,250.00. (ii.) Second Capital Payment on Lease Anniversary: On the first anniversary of the execution of the Ground Lease, Tupelo will transfer by wire to the County an additional Capital Payment of $82,500.00. (iii.) Third Capital Payment Upon County Approvals: Within thirty days of the County’s approval of a site plan and Erosion and Sediment Control Permit for the Project, Tupelo will transfer by wire to the County an additional Capital Payment of $247,500.00. (iv.) Fourth Capital Payment No Later Than Second Lease Anniversary: On the earlier of: (a) the second anniversary of the execution of the Ground Lease, or (b) the date of the third Capital Payment as set forth in Subsection (iii) above, Tupelo will transfer by wire to the County an additional Capital Payment of $82,500.00 (v.) Fifth Capital Payment Upon Approval of State-Level Permits: Within thirty days of the State Corporation Commission’s approval of a Certificate of Public Convenience and Necessity or Department of Environmental Quality permit by rule for the Project, Tupelo will transfer by wire to the County an additional Capital Payment of $247,500.00. (vi.) Final Capital Payment at Commercial Operation Date: Within five days after the date that the Project begins commercial electrical production (“COD”), Tupelo will 150 Page 3 of 14 transfer by wire to the County the final Capital Payment in the amount of $123,750.00. (b) Use of Payment. The Capital Payment is intended to be used, at the County’s sole discretion, to (a) assist the County in addressing capital needs set out in the County’s (i) capital improvement plan, (ii) current fiscal budget or (iii) fiscal fund balance and/or (b) support broadband (as defined in Code of Virginia § 56-585.1:9) funding, all as permitted by Code of Virginia § 15.2-2316.7. (c) Distinguished from Real Estate Taxes and Other Obligations. The Capital Payment is separate and distinct from all real estate taxes owed pursuant to Section 6.1.1 of Chapter 6 of the Pittsylvania County Code, and other taxes, fees, and ordinances that may be validly applicable to the Property. (d) Invalidity of Siting Agreement. If this Siting Agreement for any reason is found unenforceable or invalid by a court of law or other authority, or otherwise is terminated, with the legal effect that Tupelo is obligated to pay M&T tax in any amount under Code of Virginia § 58.1 – 3508.6 and/or local ordinance, any Capital Payment that has been released or paid to the County by Tupelo shall be credited against Tupelo’s M&T tax obligation when due until the total amount of paid Capital Payment is exhausted. 2. ANNUAL PAYMENTS (a) Payment Obligation and Schedule. Commencing at COD, Tupelo will be obligated to make annual payments to the County as set forth in Exhibit B hereto (each an “Annual Payment” and collectively, the “Annual Payments”). The Annual Payments shall begin no later than thirty (30) days after COD and each anniversary of COD thereafter. The obligation to make the Annual Payments shall cease (as applicable, the “Termination Date”) upon: (i) Tupelo’s commencement of the decommissioning of all or a material portion of the Project, (ii) the cessation of operation of the Project for a continuous period of longer than one (1) year, or (iii) the 20th calendar year of commercial electricity generation of the Project in which the final payment on Exhibit B is shown. The Parties acknowledge that Tupelo’s obligation to make Annual Payments shall be conditioned upon the Project’s COD. Each Annual Payment shall be made to the County in any year in one lump sum. (b) No M&T Tax Liability. In consideration of the Annual Payments described in Section 2(a) above, the County covenants and agrees that, notwithstanding Code of Virginia § 58.1 – 3508.6 and in light of the powers granted to the County under Code of Virginia Chapter 22, Title 15.2, Article 7.3, (i) no M&T tax is assessable or chargeable with respect to the Project, (ii) it will at no time during the operation of the Project assert that such M&T tax is due and payable, and (iii) it hereby waives any such right of assessment or collection. (c) Revenue Share Ordinance Waived. Pittsylvania County hereby waives the opportunity to apply a Revenue Share Ordinance to the Project, if such an ordinance is adopted in the future, and the Parties acknowledge and agree that they shall be bound by and 151 Page 4 of 14 subject to the provisions the Annual Payments described in Section 2(a), except as may be modified in any amendment of this Siting Agreement agreed to by the Parties. (d) Public Service Company Property. The Parties acknowledge and agree that if the Project is owned by a public service corporation (including as a result of an assignment made pursuant to Section 7 of this Siting Agreement), the provisions pertaining to the taxation of real and tangible personal property of public service corporations under Code of Virginia Chapter 26 of Title 58.1 shall apply to the Property. The Parties acknowledge and agree that pursuant to Section 2(b) of this Siting Agreement, the County M&T tax assessable or chargeable to the Project for purposes of Code of Virginia § 58.1 – 2606(C) shall be zero. Each Party further agrees to file, and to cooperate with the other Party in the filing of, any reports, returns or other information that must be filed with the Virginia Corporation Commission or the Virginia Department of Taxation for the purpose of carrying out the purpose of Section 2(b) of this Siting Agreement that no M&T tax will be assessable or chargeable with respect to the Project, including in the event the Project is owned by a public service corporation whose property is assessed centrally by the Virginia Corporation Commission or Virginia Department of Taxation. 3. STATEMENT OF BENEFIT. Tupelo acknowledges that this Siting Agreement is beneficial to Tupelo in assisting it to proceed with the installation of the Project and provides for future revenues to the County that are fair to both Parties. The County acknowledges that the funding provided pursuant to this Siting Agreement is beneficial in that it will result in mutually acceptable, predictable, and reasonable payments to the County. 4. PERMITS AND APPROVALS. (a) Ground Lease. The Parties acknowledge that Tupelo is in the process of negotiating a Ground Lease from the Danville-Pittsylvania Regional Industrial Facility Authority (“RIFA”) in order to construct and operate the Project on the Property. Tupelo has submitted, or will submit (as applicable), a draft Ground Lease to RIFA authorizing the construction and operation of the Project on the Property. (b) Limitation of Remedies. Notwithstanding anything to the contrary in the Ground Lease, this Siting Agreement, or otherwise, neither an actual or asserted breach of this Siting Agreement by Tupelo nor the voiding, termination or invalidation of this Siting Agreement shall be grounds for voiding, terminating or suspending the Ground Lease, provided that this subsection 4(b) shall not apply in the case of a willful or intentional breach of this Siting Agreement by Tupelo. 5. CONFORMANCE WITH COMPREHENSIVE PLAN. Upon approval of this Siting Agreement by the County and in accordance with Code of Virginia § 15.2-2316.9, the Project and all related transmission facilities shall be deemed to be “substantially in accord” with the “2010 Pittsylvania County Comprehensive Plan,” in all respects, to the extent that prior to such date of approval the County’s Planning Commission has not determined that the Project was “substantially in accord” with the Pittsylvania County’s Comprehensive Plan then in effect under Code of Virginia § 15.2-2232(A). 152 Page 5 of 14 6. EFFECT OF SITING AGREEMENT (a) Supremacy of Siting Agreement. In accordance with Code of Virginia § 15.2- 2316.9(B), and as acknowledged and agreed to by the Parties, the terms of this Siting Agreement shall control over any County ordinance(s) and/or regulation(s) that may be inconsistent with the terms of this Siting Agreement, including any ordinances, regulations, policies, and/or guidelines which are inconsistent with the design, construction, operation and/or maintenance of the Project as indicated in the Application as may be approved by the County, which approved Application will control. (b) Binding Effect. In accordance with Code of Virginia § 15.2-2316.8(A)(3), and acknowledged and agreed to by the parties, this Siting Agreement shall be binding upon the County and enforceable against the governing body and future governing bodies of the County in any court of competent jurisdiction. (c) Conditional Effect. This Siting Agreement is expressly conditioned upon, among other factors, RIFA approval of a Ground Lease authorizing the use of the Property as a BESS facility. Should RIFA fail to approve a Ground Lease on terms acceptable to Tupelo, and Tupelo elects not to proceed with the construction of the Project, then this Siting Agreement shall be null and void and of no effect, at Tupelo’s election. (d) No Obligation to Develop. The parties agree and acknowledge that Tupelo has no obligation to develop the Project, and this Siting Agreement does not require that any payment be made unless and until the COD occurs (except as set forth in Section 1 regarding Capital Payments due prior to COD). It is expressly understood that development of the Project is contingent upon a number of factors and no election by Tupelo, in its sole discretion, to terminate, defer, suspend, or modify plans to develop the Project shall be deemed a default by Tupelo under this Siting Agreement. The production of test energy, or any other energy, prior to COD does not trigger payment under this paragraph. (e) Covenant to Pay. Tupelo covenants to the County that it will pay the County the amounts due hereunder when due in accordance with the terms of this Siting Agreement, and, in the absence of a breach or default by County of its obligations hereunder, will not seek to invalidate this Siting Agreement, or otherwise take a position adverse to the purpose or validity of this Siting Agreement. 7. ASSIGNMENT. This Siting Agreement may be assigned by Tupelo without the necessity of obtaining the County’s consent, and the assignee shall have the same rights under this Siting Agreement as held by the assignor prior to the assignment, provided the assignee agrees to be bound by the terms of this Siting Agreement and a notice of assignment, in a form reasonably acceptable to the County, is, no more than thirty days following such assignment, delivered to the County evidencing the assignee’s acknowledgement of the terms of this Siting Agreement and agreement to be bound hereby. If Tupelo sells, transfers, leases, or assigns all or substantially all of its interests in the Project or ownership of Tupelo, this Siting Agreement will automatically be assumed by and binding on the purchaser, transferee, or assignee. 153 Page 6 of 14 8. REPRESENTATIONS. Each Party represents as follows: (a) It has the power and authority to enter into and perform this Siting Agreement; and that the execution, delivery and performance of this Siting Agreement has been duly authorized by all necessary corporate or governmental action, as applicable; (b) No suit, action, arbitration, legal, administrative, or other proceeding is pending or, to the best of its knowledge, has been threatened against it that would affect the validity or enforceability of this Siting Agreement or its ability to fulfill its commitments hereunder, or that would, if adversely determined, have a material adverse effect on its performance of this Siting Agreement; (c) The execution, delivery, and performance of this Siting Agreement by it will not result in a breach of, default under or violation of any applicable law; and (d) This Siting Agreement constitutes a legal, valid, and binding obligation enforceable against it in accordance with its terms, except as the enforceability of such terms may be limited by applicable bankruptcy, reorganization, insolvency, or similar laws affecting the enforcement of creditors’ rights generally. 9. MISCELLANEOUS (a) Governing Law; Jurisdiction; Venue. This Siting Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to any of its principles of conflicts of laws or other laws which would result in the application of the laws of another jurisdiction. The Parties hereto (a) agree that any suit, action or other legal proceeding, as between the Parties hereto, arising out of or relating to this Siting Agreement shall be brought and tried only in the Circuit Court of Pittsylvania County, Virginia (“Court”), (b) consent to the jurisdiction of the Court in any such suit, action or proceeding, and (c) waive any objection which any of them may have to the laying of venue or any such suit, action, or proceeding in the Court and any claim that any such suit, action, or proceeding has been brought in an inconvenient forum. The Parties hereto agree that a final judgment in any such suit, action, or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. (b) Confidentiality. Once public notice has been issued regarding the Board’s scheduled consideration of this Siting Agreement at an upcoming meeting of the Board, this Siting Agreement shall be a public document, subject to production under the Freedom of Information Act (FOIA). The County understands and acknowledges Tupelo, and as applicable, their associates, contractors, partners and affiliates utilize confidential and proprietary "state-of-the-art" information and data in their operations ("Confidential Information"), and that disclosure of any information, including, but not limited to, disclosures of technical, financial or other information concerning Tupelo or any affiliated entity could result in substantial harm to them and could thereby have a significant detrimental impact on their employees and also upon the County. The County acknowledges that during the development of this Siting Agreement, certain 154 Page 7 of 14 Confidential Information may be shared with the County by Tupelo. Tupelo agrees to clearly identify any information it deems to be Confidential and not subject to mandatory disclosure under the Virginia Freedom of Information Act or other applicable law as Confidential Information at the time it provides such information to the County. The County agrees that, except as required by law and pursuant to the County's police powers, neither the County nor any employee, agent or contractor of the County will knowingly or intentionally disclose or otherwise divulge any such confidential or proprietary information to any person, firm, governmental body or agency, or any other entity unless the request for Confidential Information is made under a provision of local, state or federal law. Upon receipt of such request but before transmitting any documents or information which may contain Confidential Information, the County will contact Tupelo to review the request for information and associated documents to determine if any Confidential Information is at risk of disclosure. If Confidential Information exists, Tupelo may intervene on behalf of the County and defend against disclosure of the Confidential Information. The County agrees to cooperate in this defense and to the extent allowed by law, work to protect the Confidential Information of Tupelo. (c) Removal of Property. The County acknowledges that the final design of the Project will occur at a later date. Based on final design, Tupelo shall have the right to remove parcels from the Project without the consent of the County. Property that is not included in the Project will be considered withdrawn from this Siting Agreement without the need for further action by the Parties. The withdrawal of any parcels from this Siting Agreement shall not affect Tupelo’s obligations under this Siting Agreement. (d) Notices. Any communication required or permitted by this Siting Agreement must be in writing except as expressly provided otherwise in this Siting Agreement. Any communication under this Siting Agreement shall be sufficiently given and deemed given when delivered via email, by hand, or after being deposited in the mails by first-class certified mail, postage prepaid, and addressed as follows, or via such other means of communication as is mutually agreeable to both Parties: If to Tupelo: Tupelo Storage, LLC c/o Adam Thompson Strata Clean Energy 800 Taylor St #200 Durham, NC 27701 Phone: 301.785.0748 Email: adam.thompson@stratacleanenergy.com with a copy to Tupelo Storage, LLC 800 Taylor St, Ste. 200 Durham, NC 27701 Attn: Legal Department Email: legal@stratacleanenergy.com 155 Page 8 of 14 If to the County: County Administrator Pittsylvania County, Virginia 1 Center Street P.O. Box 426 Chatham, VA 24531 Attn: David Smitherman, County Administrator With a copy to: J. Vaden Hunt, Esq. 1 Center Street P.O. Box 426 Chatham, VA 24531 Email: vaden.hunt@pittgov.org Any addressee may designate additional or different addresses for communications by notice given under this Section to each other. (e) Memorandum of Siting Agreement. A memorandum of this Siting Agreement (the “Memorandum”), in a form acceptable to the County, shall be recorded in the land records of the Clerk’s Office of the Circuit Court of Pittsylvania County, Virginia (the “Clerk’s Office”). Such recordation shall be at Tupelo's sole cost and expense and shall occur as reasonably practicable after the full execution of this Siting Agreement. If Tupelo chooses not to develop the Project, the Parties, at the request of either Party, shall execute a release of the Memorandum filed in the Clerk's Office and direct its recordation. (f) Non-Business Days. If the date for making any payment or performing any act or exercising any right is not a day when financial institutions are open for business in the Commonwealth of Virginia, such payment must be made or act performed or right exercised on or before the next business day such offices are open for public business. (g) Entire Agreement: Amendments. This Siting Agreement and any schedules or exhibits constitute the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the parties hereto with respect to the subject matter hereof. No provision of this Siting Agreement can be modified, altered, or amended except in a writing executed by all parties hereto. This Siting Agreement may not be changed except in writing signed by all parties. (h) Construction. This Siting Agreement was drafted with input by the County and Tupelo, and no presumption will exist against any Party. (i) Binding Effect. This Siting Agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns. There are no other agreements or other conditions precedent to the binding nature of the respective obligations of Tupelo and the County. 156 Page 9 of 14 (j) Liability of Officers and Agents. No officer, agent, or employee of the County or Tupelo or its affiliates shall be subject to any personal liability or accountability by reason of the execution of this Siting Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent, or employee from the performance of any official duty provided by law. (k) Counterparts; Electronic Signatures. This Siting Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one in the same instrument. A signed copy of this Siting Agreement delivered by facsimile, email/PDF or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Siting Agreement. Electronic signatures using a nationally recognized service, such as DocuSign, shall be permitted for execution of this Siting Agreement. (l) Force Majeure. Any delay in the performance of any of the duties or obligations of either party hereunder (the “Delayed Party”) shall not be considered a breach of this Siting Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts; shortages of materials or energy; fires; explosions; floods; changes in laws governing international trade; or other unforeseeable causes beyond the control and without the fault or negligence of the Delayed Party. The Delayed Party shall give prompt notice to the other party of such cause and shall take whatever reasonable steps are necessary to relieve the effect of such cause as promptly as possible. No such event shall excuse the payment of any sums due and payable hereunder on the due date thereof except any payment due upon the occurrence of any act or event for which delayed performance is excused as provided above. (m) Severability; Invalidity. Any provision of this Siting Agreement that conflicts with applicable law or is held to be void or unenforceable shall be ineffective to the extent of such conflict, voidness, or unenforceability without invalidating the remaining provisions hereof, which remaining provisions shall be enforceable to the fullest extent permitted under applicable law. If, for any reason, including a change in applicable law, it is ever determined by any court or governmental authority of competent jurisdiction that this Siting Agreement is invalid then the parties shall, subject to any necessary County meeting vote or procedures, undertake reasonable efforts to amend and or reauthorize this Siting Agreement so as to render the invalid provisions herein lawful, valid, and enforceable. If the Parties are unable to do so, this Siting Agreement shall terminate as of the date of such determination of invalidity, and the Property and Project will thereafter be assessed and taxed as though this Siting Agreement did not exist. The Parties will cooperate with each other and use reasonable efforts to defend against and contest any challenge to this Siting Agreement by a third party. (n) Third Party Beneficiaries. This Siting Agreement is solely for the benefit of the Parties hereto and their respective successors and permitted assigns, and no other person shall 157 Page 10 of 14 have any right, benefit, priority, or interest in, under or because of the existence of, this Siting Agreement. (o) No Obligation to Develop Project. Tupelo and its successors and assigns are under no obligation to continue to develop the Project after the date of this Siting Agreement. SEE ATTACHED SIGNATURE PAGES 158 Page 11 of 14 IN WITNESS WHEREOF, the County has caused this Siting Agreement to be executed in its corporate name by an authorized person as of the date first written above. COUNTY OF PITTSYLVANIA, VIRGINIA By: Name: Title: Date: REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 159 Page 12 of 14 IN WITNESS WHEREOF, Tupelo has caused this Siting Agreement to be executed in its corporate name by its duly authorized officer as of the date first above written. TUPELO STORAGE, LLC By: Strata Manager, LLC, its Manager By: Name: Markus Wilhelm Title: Manager Date: REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 160 Page 13 of 14 Exhibit A Tupelo Tax Map Parcels Item Parcel ID 1. 1367-30-1931 161 Page 14 of 14 EXHIBIT B - Schedule of Payments Year Revenue Share ($) 1 $84,700 2 $84,700 3 $84,700 4 $93,170 5 $93,170 6 $93,170 7 $93,170 8 $93,170 9 $102,487 10 $102,487 11 $102,487 12 $102,487 13 $102,487 14 $112,736 15 $112,736 16 $112,736 17 $112,736 18 $112,736 19 $124,009 20 $124,009 Total $2,044,082 Tupelo Storage, LLC (55 Megawatts) 162 10.b.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: Pittsylvania County Code § 6-6 Revisions (Tax Exemption on Property for Certain Elderly, Disabled, or Indigent Persons) Staff Contact(s): Kim VanDerHyde Agenda Date: July 16, 2024 Item Number: 10.b.2. Attachment(s): 1. 07-16-2024 Public Hearing Notice - PCC 6-6 Tax Exemption on Property of Certain Elderly and Disabled Persons - 2. Section 6-6 Elderly Disabled RE Exemption Revisions Reviewed By: SUMMARY: Tonight's Public Hearing is held to receive citizen input on the proposed changes to Pittsylvania County Code ("PCC") § 6-6 regarding Elderly/Disabled/Indigent Real Estate Tax Exemptions. This Public Hearing has been duly advertised in The Chatham Star Tribune for the past two (2) weeks to provide sufficient notice of said Public Hearing. Revisions to this PCC section include changing the annual income threshold from $25,000 to $35,000, increasing the Net Worth Maximum from $60,000 to $70,000, and increasing the maximum exemption from $450 to $600. For the Board's review and consideration, a red-lined versions of the proposed PCC changes are attached. FINANCIAL IMPACT AND FUNDING SOURCE: These PCC changes will help provide financial assistance to the County's elderly, disabled, and indigent population, who are financially unable to cover the total cost of their County tax liability. The total impact to tax revenues is dependent on the number of individuals who opt to participate in the Program. This figure is currently unknown. RECOMMENDATION: 163 Following conducting the legally required related Public Hearing. County Staff recommends the Board approve the proposed changes to PCC § 6-6 as presented. MOTION: "I make a Motion approving the proposed changes to PCC Code § 6-6 as presented." 164 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m., on Tuesday, July 16, 2024, at the Board Meeting Room, 39 Bank Street SE, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code § 6-6, Tax Exemption on Property of Certain Elderly and Disabled Persons. 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. 165 SEC. 6-6. EXEMPTION ON REAL ESTATE OF CERTAIN ELDERLY AND DISABLED PERSONS. 1. Purpose. In accordance with Virginia Code § 58.1-321, 1950, as amended, the Board of Supervisors hereby deems those elderly persons or permanently and totally disabled persons who fall within the provisions of this article to be bearing an extraordinary tax burden on the real estate and manufactured homes defined herein in relation to their income and net worth. 2. Definitions. a. “dwelling" shall mean the full-time residence and domiciliary, including a manufactured or mobile home, of the person claiming the exemption. b. "elderly" shall mean a person not less than sixty-five (65) years of age as of December 31 of the year prior to the year for which exemption is requested. c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and not the assessed value, as shown on the records of the Commissioner of Revenue. When applied to personal property, fair market value shall mean the actual value as appraised by the Commissioner of Revenue. d. "income" shall mean total gross income from all sources, without regard to whether a tax return is actually filed. Income shall not include life insurance benefits or receipts from borrowing or other debt. e. "manufactured or mobile home" means a structure subject to federal regulation, which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode; or is three-hundred and twenty (320) or more square feet when erected on site; is built on a permanent chassis; and is designed to be used as a single family dwelling, with or without a permanent foundation. f. "permanently and totally disabled" shall mean unable to engage in any substantially gainful activity by means of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life. g. "real estate" shall mean real property and dwelling structures, and shall include manufactured or mobile homes which are presently being used as a dwelling, and are connected to the required utilities including plumbing, heating, air conditioning, and electrical utilities. h. "relative" shall mean any relation by blood or marriage. i. “taxable year" shall mean the calendar year, from January 1 until December 31, for which exemption is claimed. 166 3. General Provisions. A. Real estate owned and occupied as the sole dwelling of a person or persons who are not less than sixty-five (65) years of age or who are determined to be permanently and totally disabled are exempted from so much of the County Real Estate Taxes as provided for in Section 4 hereof, subject however to the following restrictions and conditions, in addition to those set out elsewhere in this section: 1. The combined annual income shall be based on adding together the income received during the preceding calendar year, without regard to whether a tax return is actually filed, by (i) owners of the dwelling who use it as their principal residence, (ii) owners' relatives who live in the dwelling, except for those relatives living in the dwelling and providing bona fide caregiving services to the owner whether such relatives are compensated or not, and (iii) nonrelatives of the owner who live in the dwelling except for bona fide tenants or bona fide caregivers of the owner, whether compensated or not, shall not exceed twenty-fivethirty-five thousand ($25,000.0035,000.00) dollars per year; provided that the first four thousand ($4,000.00) dollars of annual income of each relative/nonrelative, other than the spouse of the owner, shall not be included in such totals; and 2. That the net combined financial worth, including equitable interests, of the owners and of the spouse of any owner, excluding the value of the dwelling and the land upon which it sits, not exceeding one acre, does not exceed sixty seventy thousand ($60,000.0070,000.00) dollars as of the 31st day of December of the immediately preceding calendar year, and through the taxable year to which such exemption is to apply. B. The person or persons claiming such exemptions shall file annually, after the (1st) day of January but not later than the fifteenth day of February, with the Commissioner of Revenue of Pittsylvania County, Virginia, or such other agent or officer as may be designated by the commissioner, on forms supplied by the County, an Affidavit setting forth the names of related persons occupying the real estate for which the exemption is claimed, their total combined net worth, including equitable interests and the combined income from all sources of all persons specified. The application deadline may be extended on the approval of the Commissioner of Revenue, if the applicant is applying for the exemption for the first time or in cases of hardship, and if proper application is made along with a sworn affidavit that failure to apply by the fifteenth day of February was due to reasons beyond the applicant's control. The Commissioner of Revenue shall require that the applicant, spouse, and any and all relatives living in the dwelling supply proof of age in the form of Birth Certificates or Passports or Driver’s License; and proof of income in the form of copies of their W-2s, 1099-DIV, 1099- INT, 1099-MISC, 1099-R, SSA-1099 Social Security Statements, and such other documents as may be required by the Commissioner of Revenue to determine income and total combined net worth. C. If the person claiming the exemption is under sixty-five (65) years of age, the Affidavit filed under this section shall have attached thereto a Certification by the Social Security 167 Administration, the Veterans Administration or the Railroad Retirement Board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the Commonwealth of Virginia, to the effect that such person is permanently and totally disabled. The affidavit of at least one such doctor shall be based upon a physical examination of such person by such doctor. The affidavit of one such doctor may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability, as defined herein. D. The fact that persons who are otherwise qualified for tax exemption are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption or deferral is sought does not continue to be the sole dwelling of such person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. 4. Exemption. (a) The exemption shall be as follows: Total Income from All Sources Tax Exemption $0 – $15,40025,400 100% $15,401 - $16,600 $25,400 - $26,600 90% $16,601 - $17,800 $26,600 - $27,800 80% $17,801 - $19,000$27,800 - $29,000 70% $19,001 - $20,200$29,000 - $30,200 60% $20,201 - $21,400$30,200 - $31,400 50% $21,401 - $22,600$31,400 - $32,600 40% $22,601 - $23,800$32,600 - $33,800 30% $23,801- $25,000$33,800 - $35,000 20% (b) The total annual exemptions shall not exceed four-hundred and fiftysix hundred ($450.00600.00) dollars. (c) The tax exemption herein permitted may be granted for any year following the year of the taxpayer occupying such dwelling and owning title or partial title thereto reaches the age of sixty- five (65) years or is determined to be permanently and totally disabled. 168 (d) If the ownership of the property for which application for exemption is made is not held solely by the applicant, or jointly with the applicant's wife, then the amount of the tax exemption percentage as provided for herein shall be in proportion to the applicant's ownership interest. 5. Changes - Ownership, income or financial worth. Any change in respect of total combined income, net combined financial worth, ownership of property, or other factors, which occur during the taxable year for which the affidavit is filed, and which has the effect of a reduction or termination of any exemption, shall nullify or reduce any exemption for remainder of the current taxable year, and the taxable year immediately following. A prorated exemption is provided for the portion of the taxable year during which the taxpayer qualified for such exemption. 6. Prorated Exemption upon death of qualifying individual. Notwithstanding Section 6-6(5) herein, a change in ownership or a nonqualifying individual, when such change resulted solely from the death of the qualifying individual, or a sale of such property shall result in a prorated exemption for the then current taxable year. Such prorated portion shall be determined by multiplying the amount of the exemption by a fraction wherein the number of the complete months of the year such property was properly eligible for such exemption is the numerator and the number twelve (12) is the denominator. The proceeds of the sale which would result in the prorated exemption shall not be included in the computation of net worth or income required by Section 6-6(3) herein. 7. Certification to the Treasurer. The Commissioner of Revenue shall certify to the Treasurer of Pittsylvania County, Virginia, annually those persons who qualify under this article for an exemption and the amount thereof. The Treasurer shall deduct the amount of exemption from the applicant's real estate tax for that year. 8. Penalty. Any person who knowingly gives false information to support a claim for an exemption under this article, or any person who willfully fails to notify the Commissioner of Revenue or other designated officer of changes in conditions which would result in a reduction or termination of the exemption. (B.S.M. 12/19/06) (B.S.M. 12/18/18) (B.S.M. 3/12/19) 169