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09-17-2024 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, September 17, 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 August 2024 Bill List Approval (Staff Contact: Kim VanDerHyde) c. Resolution # 2024-09-01 Adoption (Laurel Grove Fire & Rescue Tax Exempt Financing Utilization Authorization); (Staff Contact: Kim VanDerHyde) d. Resolution # 2024-09-02 Adoption (After-School Childcare Pilot Program Authorization/Endorsement); (Kentuck Elementary School); (Staff Contact: Dave Arnold) e. Potential Wells Road Abandonment Notice (Lot 9; Jasper Woods Road); (Staff Contact: Vaden Hunt) f. Landfill Tipping Fee Waiver Approval (County-Wide Fall Cleanup); (Staff Contact: Kenneth Bowman) g. Potential Reduction to the McMann Family Subdivision Exemption 15-Year Restriction (GPIN # 2409-28-4344); (Staff Contact: Emily Ragsdale) h. RBW Local Performance Agreement Execution Approval (Staff Contact: Matthew Rowe) i. Revised ODAC Lease Approval (Staff Contact: Vaden Hunt) j. FY 2025 Capital Improvements Project List Approval (Staff Contact: Kim VanDerHyde) k. Certificate of Excellence Approval (Jackson Wethington); (Staff Contact: Murray Whittle, Kenneth Bowman) 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-24-015 Gary Durham; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Supervisor Dalton); (Staff Contact: Emily Ragsdale) 2. Case R-24-013: Brett and Erin Tooley; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (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. FY 2025 County Budget Adjustments Public Hearing (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: September 17, 2024 Item Number: 7.a. Attachment(s): 1. 08-20-2024 Work Session - DRAFT 2. 08-20-2024 Business Meeting - DRAFT Reviewed By: SUMMARY: For the Board's review and consideration, attached are the following Board Meeting Minutes: (1) 08/20/24 (Work Session); and (2) 08/20/24 (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 August 20, 2024 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Work Session was held on August 20, 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 AGENDA ITEMS TO BE ADDED Motion to remove Berry Hill Connector Road Naming from item 8(c), Closed Session. RESULT: 7-0 (Approved) MOVER: Ingram SECONDER: Whittle AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None Motion to remove Active 911 from item 8(c), Closed Session, and postpone this item for discussion at the September Work Session, unless something is worked out before then. RESULT: 7-0 (Approved) MOVER: Ingram SECONDER: Whittle AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None APPROVAL OF AGENDA Motion to approve Agenda. 2 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, from RiverStreet Networks, presented an update to the Board regarding the County Broadband Project. There are 4,798 service areas available and there are 760 customers currently installed, which is an increase of 148 locations since June 2024. His full presentation can be found on the County's website at www.pittsylvaniacountyva.gov. b. DPCS Performance Contract Update Jim Bebeau, DPCS Director, presented the updated Performance Contract to the Board. To continue receiving state-controlled funds, Community Service Boards must have their Performance Contracts approved or renewed by the governing body of each city or county that established them, as well as by the Department, on or before September 30th. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Mass Zoning Ordinance Revisions Update Emily S. Ragsdale, Community Development Director, presented proposed changes to the mass Zoning Ordinance rewrite project, including updates on campground regulations and flag signs. She explained the rationale behind the changes, including the addition of feather flags to the definition of temporary signs. Ragsdale clarified that the changes would not regulate the size of flag signs but would regulate setbacks and height restrictions. Bowman and Ingram express concerns about the impact on campgrounds and the need for leniency in certain situations, and Ragsdale reassures them that the changes are designed to ensure compliance without making judgment calls in specific cases b. FY 2024 County Budget Amendments and Year-End Update Kim G. Van Der Hyde, Finance Director, presented the FY 2024 County Budget Amendments, explaining the need to adjust figures for School money and other carryover funds. Bowman inquired about other Departments' wish lists for additional funds, and Van Der Hyde mentioned the need for a Finance Committee meeting to review these requests. Van Der Hyde then provided an overview of the year-end County Budget, including major tax revenues and expenditures, and the unassigned fund balance, and she discusses the importance of maintaining a sufficient unassigned fund balance to address natural and manmade disasters and budget fluctuations. Her presentation can be found on the County's website at www.pittsylvaniacountyva.gov. CLOSED SESSION Motion to enter Closed Session. 3 The Board entered Closed Session at 4:50 PM. RESULT: 7-0 (Approved) MOVER: Hite SECONDER: Bowman AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matters: Potential Real Property Acquisition for Public Purpose (Town of Chatham Property; Berryhill Property) Purpose: Review/Discussion Regarding the Same b. 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 Search/Next Steps Purpose: Review/Discussion of Related Next Steps c. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: ODAC Lease Purpose: Consultation with Legal Counsel/Legal Advice and Discussion Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:41 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on August 20, 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 4 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 6:42 PM. 5 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING August 20, 2024 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on August 20, 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 Resolution # 2024-08-04, Berry Hill Road Naming, to the Agenda under New Business. RESULT: 7-0 (Approve) MOVER: Ingram 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: Tucker SECONDER: Whittle AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None CONSENT AGENDA Motion to approve Consent Agenda. RESULT: 7-0 (Approve) 6 MOVER: Hite SECONDER: Bowman AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None a. Board Meeting Minutes Approval b. County's July 2024 Bill List Approval c. Resolution # 2024-08-01 Adoption (Honoring Mike Neal’s Retirement; Ringgold Fire & Rescue Chief) d. Resolution # 2024-08-02 Adoption (Honoring Herbert Jesse Yeatts; 50 Years of Service, Gretna Fire & Rescue) e. Resolution # 2024-08-03 Adoption (Honoring Dorothy Mae Burton Neals) f. Certificate of Excellence Adoption (Dan River High School Varsity Baseball) g. Revised Town of Chatham/County Master Water/Sewer Agreement Execution Approval h. County/Speyside Local Performance Agreement Execution Approval i. FY 24/25 DPCS Performance Contract Agreement Approval j. Grant Appropriations Approval (3); (VA Rules Summer Camp Grant; DCJS Witness Protection Grant; J.T. Minnie Maude Public Safety Grant) k. Appointment: Beautification Committee (Staunton River District; Judy Simpson) l. Appointment: Dan River ASAP Board (Full Board Appointment); (Heidi Jones) PRESENTATIONS The Board presented Resolutions to Mike Neal, Herbert Jesse Yeatts, and Dorothy Mae Burton, and a Certificate of Excellence to Dan River High School's Varsity Baseball Team. HEARING OF THE CITIZENS Kathy Ramsey, Banister District, expressed concerns about economic development in the Banister District and the lack of a convenience market. Marie Souser, Staunton River District, shared her concerns about the maintenance and issues she is experiencing at Worley Court. Jim Scearce, Westover District, shared his concerns regarding the code of conduct and criticized the Board for not holding members accountable for violating their Oath of Office. Ben Meeks, Callands-Gretna District, thanked the Board for their support of Fire and Rescue services and highlighted the challenges and achievements of local EMS agencies, such as the new drug box requirements. He stated he is proud of the work that has been done together, and thanked the Board for approving the funds that help the agencies complete this process. Vanessa Scearce, Westover District, shared her concerns regarding the treatment of her husband, who was led away by law enforcement for speaking his mind during a public hearing. She criticized current Board members for remaining silent during the incident when her husband's First Amendment rights were violated. She stated that she hopes future generations will do better and that the issue can be put behind them. She also urged every American to reflect on the true meaning of freedom, warning that the nation's future is at stake. 7 PUBLIC HEARINGS Rezoning Public Hearings 1. Case R-24-013: Brett and Erin Tooley; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Supervisor Hite) In Case R-24-013, Brett and Erin Tooley (“Petitioners”) have petitioned to rezone 3.85 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, (to allow a private recreational facility (event space) to be operated on the property). The subject property is located on State Road 992/Homestead Trail, in the Dan River Election District, and shown on the Tax Maps as GPIN #s 2440-66-8572 and 2440-76-0545. 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 postponed this Rezoning Application to allow the Petitioners time to draft Proffers to be offered with the Rezoning Application. The Petitioners have offered Proffers that were included in the Agenda Packet. On July 2, 2024, the Planning Commission recommended by a 6-0 vote, with opposition, that the Petitioners' request be granted with the Proffers offered by the Petitioners. Dalton opened the Public Hearing at 8:17 PM. Erin Tooley was present to represent the Petition. Daniel Gusler, 741 Homestead Trail, opposed the rezoning, citing concerns about privacy, noise, traffic, and property values. Debra Dockery, 692 Homestead Trail, shared her opposition to this rezoning and expressed concerns about the impact on the quiet neighborhood and the potential for larger events. Dalton closed the Public Hearing at 8:24 PM. Motion to deny rezoning request by Hite, seconded by Ingram. There was discussion about the Tooley’s having conversations with their neighbors and attempting to reach an agreement. Substitute Motion to postpone this item until next month's Board Business Meeting. RESULT: 7-0 (Approve) MOVER: Hite SECONDER: Ingram AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None Other Public Hearings 1. FY 2024 County Budget Amendments Annually, Departmental/Fund Budgets are reviewed to determine if sufficient Budget amounts exist to cover expenses until year-end. Most of these items are bookkeeping entries required by the County’s Auditors. The list included in the packet shows the amount needed/requested and the reason for the need/request. Said list also contains suggested appropriations for year-end, as well 8 as the categorical changes requested by the School Board. This list was circulated to all Board members via the Friday Update and has been duly advertised in The Chatham Star Tribune. Dalton opened the Public Hearing at 8:44 PM. No one signed up to speak and Dalton closed the Public Hearing at 8:44 PM. Motion approving the FY 2024 County Budget Amendments as presented. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Tucker AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None NEW BUSINESS a. Resolution # 2024-08-04, Berry Hill Road Naming Ingram introduced Resolution # 2024-08-04 to name a portion of the Berry Hill Connector Road in honor of Sherman Saunders and Coy Harville. Tucker stated he supports the Resolution, highlighting the contributions of the honorees to the community and the importance of honoring their service. Motion to adopt Resolution # 2024-08-04 in support of naming and renaming the new connector road and the Berry Hill Road to the Harville/Saunders Parkway. Substitute Motion by Bowman to table this item until the September Board Meeting to allow the public and the Board time to digest. Motion failed for lack of a Second. Motion to adopt Resolution # 2024-08-04 in support of naming and renaming the new connector road and the Berry Hill Road to the Harville/Saunders Parkway. RESULT: 6-1 (Approve) MOVER: Ingram SECONDER: Whittle AYES: Dalton, Tucker, Dudley, Hite, Ingram, Whittle NAYS: Bowman ABSTAIN: None BOARD MEMBER REPORTS • Hite thanked everyone for coming out and supporting those who were recognized at the meeting. • Tucker thanked the Chairman, County Staff, and constituents for their work and encouraged others to reach out via contact information available on the county website. He explained that decisions about placing large stores like Sam's or Walmart are based on economic feasibility, not politics. These decisions rely on factors like population density 9 and traffic flow to ensure the store's success. Tucker stated he is open to discussing economic developments for the Banister District but emphasizes that any plans must be financially viable for investors. • Dudley thanked the Chairman, colleagues, and attendees, acknowledging that, while discussions can be contentious, the Board must remain focused on business. He highlighted a resident, Ms. Souser, for her persistence in addressing an issue with a road she has maintained on her own for years, despite others damaging it. He expressed hope that the problem can be resolved in the future and commended Ms. Souser for her dedication. Dudley also reflected on the challenges of decision-making, expressing gratitude for everyone's patience and participation. • Whittle thanked everyone for attending, thanked the Board and County Staff for their support, and wished everyone a great evening. • Bowman recapped attending several events, including economic development training and the annual Tomato Festival. There were two (2) Beautification Committee Meetings held in preparation for the Fall countywide cleanup on October 5, 2024, noting plans to waive landfill tipping fees for certain items. Cleanup events will take place at various District locations, with a challenge for Board Members to participate. Prizes will be awarded in November. Bowman also attended local community events, met with Virginia's Lieutenant Governor, and reminded the public of a mass casualty training exercise on August 23, 2024. He thanked first responders and wished everyone a safe Labor Day weekend. • Ingram acknowledged the recognition of deserving individuals, including Ms. Neals and the Dan River High School baseball team. He emphasized the importance of volunteers, particularly fire and rescue workers, who sacrifice their time without compensation. He also recognized Mike Neal and Herbert Jesse Yeatts for their contributions and restated his support for volunteers. • Dalton agreed with previous comments and thanked everyone for attending. He recognized Mike Neal, Herbert Jesse Yeatts, Ms. Dorothy Neals, and the Dan River High School baseball team, highlighting their positive impact on the community. He also stated that he attended the Open House at Hammock’s Dairy and shared about the family's hard work and the quality of their dairy products. He expressed pride in having the Dairy in his District and encouraged others to support local dairies. Dalton wished everyone a safe journey home and looks forward to meeting again next month. COUNTY ADMINSTRATOR REPORT Shorter thanked first responders, including Fire and Rescue, the Sheriff's Department, Public Safety, and Public Works, as well as other employees, for their efforts during Tropical Storm Debbie. ADJOURNMENT Dalton adjourned the Meeting at 9:18 PM. 10 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's August 2024 Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: September 17, 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 August 2024 Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=509143&dbid=0&repo=Pitt GovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s August 2024 Bill List as presented. MOTION: “I make a Motion approving the County’s August 2024 Bill List as presented.” 11 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Resolution # 2024-09-01 Adoption (Laurel Grove Fire & Rescue Tax Exempt Financing Utilization Authorization) Staff Contact(s): Kim VanDerHyde Agenda Date: September 17, 2024 Item Number: 7.c. Attachment(s): 1. Laurel Grove Fire Department-TAX EXEMPT USE 2. Laurel Grove Tax Exempt Request Documentation Reviewed By: SUMMARY/FINANCIAL IMPACT AND FUNDING SOURCE: Laurel Grove Volunteer Fire & Rescue ("Laurel Grove") recently requested to use the County's Tax Exempt ten million-dollar ($10,000,000.00) allocation allowed under the United States Internal Revenue Service ("IRS") Code § 265B3. Laurel Grove held a Public Hearing on September 5, 2024, on the potential tax-exempt financing of a 2024 BME Extreme Tactical Brush Truck for public purpose and use for an amount not to exceed $215,000 as per the IRS Code. After said Public Hearing, the Laurel Grove Board of Directors passed the attached Resolution to officially request to use a portion of the County's tax-exempt allocation for the above-referenced purpose. The Board is now required to pass attached Resolution # 2024-09-01 supporting Laurel Grove's utilization of this tax-exempt financing. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2024-09-01 to support Laurel Grove's utilization of a portion of the County's tax-exempt allocation in an amount not to exceed $215,000, for the purpose of financing the purchase of a 2024 BME Extreme Tactical Brush Truck. MOTION: 12 "I make a Motion adopting Resolution # 2024-09-01 as attached and presented." 13 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-09-01 ______________________________________________________________________________ RESOLUTION SUPPORTING LAUREL GROVE FIRE AND RESCUE’S UTILIZATION OF TAX-EXEMPT FINANCING ______________________________________________________________________________ VIRGINIA: At a meeting to the Pittsylvania County Board of Supervisors (“Board”) on Tuesday, August 20, 2024, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, the following Resolution was presented and adopted: WHEREAS, the Board, under the United States Internal Revenue (“IRS”) Code, receives a ten (10) million-dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, said tax-exempt bonds cover boards, agencies, and commissions serving under or at the Board’s authorization; and WHEREAS, Laurel Grove Fire and Rescue (“Laurel Grove”) is an authorized Volunteer Fire Department identified in Pittsylvania County Code §§ 31-2.1 and 31.2a; thereby, authorizing it to participate in tax-exempt financing for equipment utilized by it for a public use; and WHEREAS, Laurel Grove desires to utilize tax-exempt bonds in an amount not to exceed $215,000.00, for public purpose and use, the purchase of one (1) 2024 BME Extreme Tactical Brush Truck; and WHEREAS, Laurel Grove held a public hearing on September 5, 2024, on the potential utilization of said tax-exempt financing, after legally publishing the notice as required by IRS Code. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board hereby approves Laurel Grove’s utilization of tax-exempt bonds for financing in an amount not to exceed $215,000.00 to finance, for public purpose and use, the purchase of one (1) 2024 BME Extreme Tactical Brush Turck; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Laurel Grove to supplement its financing requirements. Given under my hand this 17th day of September, 2024. __________________________________________ Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors __________________________________________ Kaylyn M. McCluster, Clerk Pittsylvania County Board of Supervisors 14 15 16 17 18 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Resolution # 2024-09-02 Adoption (After-School Childcare Pilot Program Authorization/Endorsement); (Kentuck Elementary School) Staff Contact(s): Dave Arnold Agenda Date: September 17, 2024 Item Number: 7.d. Attachment(s): 1. 2024-09-02 After School Pilot Program Reviewed By: SUMMARY: The County has been identified as a locality with a high demand and limited options for affordable, quality childcare. Quality child care has numerous positive impacts on childhood development by promoting social skills, physical activity, and additional learning opportunities, and childcare may also have a positive impact on economic development by providing a safe environment for children; thereby, allowing parents to participate in the workforce. Pittsylvania County Public Schools (“PCPS”) has offered Kentuck Elementary School as an initial site for an After-School Childcare Program, if the County's Parks and Recreation Department (“Parks and Recreation”) agrees to provide the staffing and administration of the Program. Parks and Recreation has evaluated and identified the regulatory requirements, appropriate staffing levels, and costs of offering such a Program, and has developed a plan to implement an affordable, quality Program to address the high demand and shortage of childcare options in the County. For the Board's review and consideration, attached is Resolution # 2024-09-02, agreeing to staff and manage a pilot After- School Program at Kentuck Elementary School beginning in January 2025, for the purposes of offering an affordable, quality program for the County’s youth and to identify how such a Program may be offered on a sustainable and long- term basis jointly with PCPS. FINANCIAL IMPACT AND FUNDING SOURCE: None. This Program will be self-funded through Program registrations and weekly fees. 19 RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-09-02 as attached and presented. MOTION: "I make a Motion adopting Resolution # 2024-09-02 as attached and presented." 20 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-09-02 ______________________________________________________________________________ SUPPORT FOR PILOT AFTER-SCHOOL CHILDCARE PROGRAM AT KENTUCK ELEMENTARY SCHOOL ______________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, September 17, 2024, in the Board Meeting Room, the following Resolution was presented and adopted: WHEREAS, quality child care has numerous positive impacts on childhood development by promoting social skills, physical activity, and additional learning opportunities; and WHEREAS, childcare may also have a positive impact on economic development by providing a safe environment for children; thereby, allowing parents to participate in the workforce; and WHEREAS, Pittsylvania County, Virginia (“County”), has been identified as a locality with a high demand and limited options for affordable, quality childcare; and WHEREAS, due to the above, Pittsylvania County Public Schools (“PCPS”) has offered Kentuck Elementary School as an initial site for an After-School Childcare Program, if Pittsylvania County Parks and Recreation Department (“Parks and Recreation”) agrees to provide the staffing and administration of the Program. Parks and Recreation has evaluated and identified the regulatory requirements, appropriate staffing levels, and costs of offering such a Program, and has developed a plan to implement an affordable, quality Program to address the high demand and shortage of childcare options in the County. NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby agrees to staff and manage a pilot After-School Program at Kentuck Elementary School beginning in January 2025 for the purposes of offering an affordable, quality program for the County’s youth and to identify how such a Program may be offered on a sustainable and long-term basis jointly with PCPS. Given under my hand this 17th day of September, 2024. __________________________________________ Darrell W. Dalton Chairman, Pittsylvania County Board of Supervisors __________________________________________ Kaylyn M. McCluster Clerk, Pittsylvania County Board of Supervisors 21 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Potential Wells Road Abandonment Notice (Lot 9; Jasper Woods Road) Staff Contact(s): Vaden Hunt Agenda Date: September 17, 2024 Item Number: 7.e. Attachment(s): 1. Abandonment Rd (Jasper Wood Rd) - Wells request, maps and code Reviewed By: SUMMARY: Larry and Jean Wells (“Wells”) own Lot 9 on Jasper Wood Road in the County’s Staunton River Magisterial District. Lot 9 is adjacent to their residence, Lot 19, as being 700 Jasper Wood Road, shown on the attached plats. The Wells desire to have the adjacent roadway (not open) abandoned between their Lot 9 and the adjacent Lot 15, the vacant lot behind Lot 15, and the roadway containing 0.3122 acre, being shown as “Fourth St” on a map dated August 29, 2024, made by Michael E. McCorkle and recorded in the Clerk’s Office of the Circuit Court of Pittsylvania County, Virginia, as Instrument Number 240003717, copy attached, to maintain its upkeep. This roadway needs to be abandoned and removed from the County public roadway system. There are two (2) adjacent parcels and said parcel owners are not opposed to the abandonment. Per Virginia Code § 33.2-909, attached, the procedure for the Board to abandon an existing road, or portion of a road, is as follows: (1) The Board must decide that no public necessity exists for the continuance of the public road; (2) After such an affirmative majority vote, the Board must send formal notice of its intent to abandon the road to the VDOT Commissioner (not applicable not a VDOT roadway); (3) The Board must post notice in at least three (3) places on and along the road sought to be abandoned for at least thirty (30) days; 22 (4) The Board must publish notice of its intent to abandon the road in two (2) or more issues of a newspaper having general circulation in the County; (5) The Board must then wait thirty (30) days for any interested party to request a Public Hearing of or related to the road abandonment; and (6) If a request for a Public Hearing does not occur, the Board, within the four (4) months of the thirty (30) day posting period, must pass an Ordinance or Resolution requesting VDOT to abandon the road (not applicable not a VDOT roadway). For the Board’s review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None, other than advertising and posting costs. County Staff will charge these costs to the Wells. RECOMMENDATION: County Staff recommends the Board do the following related to potential abandonment of the roadway between Lot 9 and Lot 15, and the vacant lot behind Lot 15 on Jasper Wood Road: (1) Make a Motion determining that no public necessity exists for the continuance of the public road; (2) After such an affirmative majority vote, authorize County Staff send formal notice of its intent to abandon the road to the Wells; (3) Authorize County Staff post a notice, in at least three (3) places on and along the road sought to be abandoned, for at least thirty (30) days; (4) Authorize County Staff advertise notice of its intent to abandon the road in two (2) or more issues of a newspaper having general circulation in the County; (5) Wait thirty (30) days for any interested party to request a Public Hearing regarding the abandonment; and (6) If a request for a Public Hearing does not occur, the Board, within the four (4) months of the thirty (30) day posting period, authorize County to convey the abandoned road to the Wells. MOTION: “I make a Motion to follow the above-Staff Recommendation regarding the potential abandonment of the roadway on Jasper Wood Road between Lot 9 and Lot 15, and the vacant lot behind Lot 15.” 23 24 25 26 27 28 29 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Landfill Tipping Fee Waiver Approval (County-Wide Fall Cleanup) Staff Contact(s): Kenneth Bowman Agenda Date: September 17, 2024 Item Number: 7.f. Attachment(s): None Reviewed By: SUMMARY: The County will be promoting litter clean-up throughout the County on “County- Wide Fall Cleanup Week,” September 30, 2024 – October 5, 2024. County Staff are requesting a County Landfill tipping fee waiver for County-Wide Fall Cleanup Week for litter that will be collected during said week. The waiver is only applicable for residentially generated waste that is collected from a County property. Liquids, oils, or hazardous materials will not be accepted. Each County resident is allowed to dispose of no more than four (4) automobile tires. Tractor or heavy equipment tires will not be accepted. Waste that is generated through business, commercial, or agricultural sources will not be accepted. Valid identification showing proof of County residence is required for disposal, and must be presented at the County’s Landfill Office upon delivery, or to other County Staff upon request. All waste presented for disposal is subject to inspection and will be denied if it does not meet these requirements. No quantity limits are placed on residential customers delivering their own waste by personal passenger vehicle smaller than a one (1) ton pickup truck and/or a flat, 4’x8’ single axle trailer with sides no greater than thirty-six (36) inches high. Accepted identification is as follows: • Unexpired Virginia driver’s license, military ID, or photo ID card with Pittsylvania County address; • Deed, mortgage, or monthly mortgage/rental statement with matching photo ID verifying residence in the County; • U.S. Postal Service change of address confirmation form with matching photo ID; or 30 • Current payroll stub by employer with matching photo ID showing a valid County address of the employee. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown at this time. RECOMMENDATION: County Staff recommends the Board approve the request to waive County Landfill tipping fees for County-Wide Fall Cleanup litter with the conditions as listed. MOTION: “I make a Motion approving the request to waive County Landfill tipping fees for County-Wide Fall Cleanup litter that will be collected during said week with the conditions as listed." 31 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Potential Reduction to the McMann Family Subdivision Exemption 15-Year Restriction (GPIN # 2409-28-4344) Staff Contact(s): Emily Ragsdale Agenda Date: September 17, 2024 Item Number: 7.g. Attachment(s): 1. exemption 2. 15.2-2244 3. 15.2-2244.1 Reviewed By: SUMMARY: Virginia Code § 15.2-2244 allows for the subdivision of a lot for conveyance to a family member without having to fulfill the requirements of the Subdivision Ordinance. For this exemption to be used, Virginia Code § 15.2-2244.1 requires that the property be owned for at least fifteen (15) years by the current owner or member of the immediate, and the property owner agrees to place a restrictive covenant on the subdivided property that prohibits the transfer of the property to a nonmember of the immediate family for a period of fifteen (15) years. Virginia Code § 15.2-2244.1 also states that a locality may reduce or provide exemptions to the period of years prescribed in such clause when changed circumstances so require. This must be done in writing and recorded in accordance with Virginia Code § 17.1-227. In 2013, the family subdivision exemption was used to subdivide a parcel for Stewart and Katherine McGann (now Adkins) and the fifteen (15) year restriction was placed on the property. In 2023, the parties divorced, requiring that the property be sold to fulfill the requirements of the separate agreement and divorce decree included in the Board's Agenda Packet. The property cannot be sold until the fifteen (15) year restriction can be removed. According to Virginia Code § 15.2-2244.1, this can only be done by a locality, and must be in writing and recorded in accordance with Virginia Code § 17.1-227. 32 FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board reduce/exempt the McMann family subdivision's fifteen (15) year restriction in accordance with Virginia Code § 15.2- 2244.1, allowing the property to be sold due to changed circumstances. MOTION: “I make a Motion to follow the above-Staff Recommendation regarding the potential reduction/exemption to the fifteen (15) year McMann family subdivision restriction in accordance with Virginia Code § 15.2-2244.1, allowing the property to be sold due to changed circumstances." 33 34 35 36 37 Code of Virginia Title 15.2. Counties, Cities and Towns Subtitle II. Powers of Local Government Chapter 22. Planning, Subdivision of Land and Zoning Article 6. Land Subdivision and Development § 15.2-2244. Provisions for subdivision of a lot for conveyance toa family member A. In any county a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, including the family member's spouse, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less than five acres have reasonable right-of-way of not less than 10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this section. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner. In addition, any such locality may include aunts, uncles, nieces and nephews in its definition of immediate family. B. Notwithstanding subsection A, in a county having the urban county executive form of government, a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less than five acres have frontage of not less than 10 feet or more than 20 feet on a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member, and the division shall not be for the purpose of circumventing a local subdivision ordinance. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring or parent of the owner. C. Notwithstanding subsections A and B, a subdivision ordinance may include reasonable provisions permitting divisions of lots or parcels for the purpose of sale or gift to a member of the immediate family of the property owner in (i) any county or city which has had population growth of 10 percent or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census; (ii) any city or county adjoining such city or county; (iii) any towns located within such county; and (iv) any county contiguous with at least three such counties, and any town located in that county. Such divisions shall be subject to all requirements of the Code of Virginia and to any requirements imposed by the local governing body. Code 1950, §§ 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, § 15.1-466; 1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978, cc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983, cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717; 1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287, 708, 973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864; 1994, c. 421;1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452, 456;1997, cc. 587, 718;1998, c. 457;2008, cc. 340, 717;2009, cc. 283, 465; 2010, c. 216. 1 9/11/2024 12:00:00 AM 38 The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 9/11/2024 12:00:00 AM 39 Code of Virginia Title 15.2. Counties, Cities and Towns Subtitle II. Powers of Local Government Chapter 22. Planning, Subdivision of Land and Zoning Article 6. Land Subdivision and Development § 15.2-2244.1. Additional method for subdivision of a lot forconveyance to a family member In addition to § 15.2-2244, a locality may include in its subdivision ordinance provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family, as defined in § 15.2-2244, of the property owner, if (i) the property has been owned for at least 15 consecutive years by the current owner or member of the immediate family and (ii) the property owner agrees to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of 15 years. Notwithstanding the provisions of clause (ii), a locality may reduce or provide exceptions to the period of years prescribed in such clause when changed circumstances so require. Upon such modification of a restrictive covenant, a locality shall execute a writing reflecting such modification, which writing shall be recorded in accordance with § 17.1-227. The locality may require that the subdivided lot is no more than one acre and otherwise meets any other express requirement contained in the Code of Virginia or imposed by the local governing body. 2006, c. 456;2007, c. 856. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 9/11/2024 12:00:00 AM 40 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: RBW Local Performance Agreement Execution Approval Staff Contact(s): Matthew Rowe Agenda Date: September 17, 2024 Item Number: 7.h. Attachment(s): 1. RIFA - RBW - Local Performance Agreement Reviewed By: SUMMARY: RBW Sports & Classics, Inc. ("Company"), is a manufacturer of electric, hand- built, classic sports cars, and they have already executed a Local Performance Agreement ("LPA") with RIFA to locate in the Cane Creek Centre. The Company has committed to invest $8 million at the1350 Barker Road, Ringgold, Virginia, location and create 144 new jobs over a five (5)-year period, with an average yearly base wage of at least $53,514.67. All incentives being given to the Company are earned after performance. The County and the City of Danville, Virginia, will work with the Company to facilitate the award of local and State grants based upon performance. For the Board's review and consideration, an LPA, evincing the above, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: No financial impact to the County. All incentives are earned after performance. RECOMMENDATION: County Staff recommends that the Board approve the execution of the attached LPA as presented. he Local Performance Agreement as presented. MOTION: "I make a Motion approving the execution of the attached LPA as presented." 41 1 LOCAL PERFORMANCE AGREEMENT THIS LOCAL PERFORMANCE AGREEMENT (this "Agreement"), made and entered into as of the _____ day of _________________________ 2024, by and among DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia ("RIFA"); the INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City IDA"); the COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"); the CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation (the "City"); and RBW SPORTS & CLASSICS, INC., a Delaware corporation (the "Company"), an affiliate of RBW Classic Cars Ltd., a United Kingdom private limited company; W I T N E S S E T H : NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Section 1. - Recitals. The parties recite the following facts: a. RIFA, the City IDA, the County and the City, in order to stimulate economic growth and development of the community by creating jobs and infrastructure have agreed to provide incentives to new and expanding businesses which conduct industrial activity. b. The Company has agreed to locate and to establish a manufacturing operation on that certain real property commonly known as 1350 Barker Road, Ringgold, Virginia 24586 in the Cane Creek Centre Industrial Park in Pittsylvania County, Virginia (the "Project Site"). The Project Site is owned by the City IDA and is more particularly described in Schedule 1(b), attached hereto and incorporated herein by this reference. During the Performance Period described below, the Company plans to make capital equipment investments of at least Seven Million Nine Hundred Fifty One Thousand and 00/100 Dollars ($7,951,000.00) and to create one hundred forty four (144) full-time jobs with an average yearly base wage of at least Fifty Three Thousand Five Hundred Fourteen and 67/100 Dollars ($53,514.67), as set forth in this Agreement. In addition, the Company intends to acquire the Project Site, containing an aggregate of approximately 10 acres, commonly known as Lot 1A (Tax GPIN 2348-30-5836) (collectively, the "Adjacent Land"), for the manufacture of new electric sports vehicles, electric vehicle integration services, battery assembly, and commercial vehicle rentals. c. Each of RIFA, the City IDA, the County and the City is willing to provide those certain incentives to the Company summarized in Schedule 1(c), attached hereto and incorporated herein by this reference, provided that the Company satisfies certain criteria relating to employment projections and capital investment as described below. Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 42 2 d. Each of RIFA, the City IDA, the County and the City finds that the provisions of this Agreement and the commitments of the Company will promote the expansion of industry by inducing industrial development within Cane Creek Centre Industrial Park, and that such development will promote the safety, health, welfare, convenience and prosperity of the citizens of Pittsylvania County and Danville, Virginia. Section 2. - Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: a. "Adjacent Land" shall have the same meaning as the Project Site and as that term in Section 1(b) above. The stated value of the Adjacent Land is Three Hundred Thousand and 00/100 Dollars ($300,000.00). b. "Agreement" shall mean this Local Performance Agreement and shall have the same meaning as set forth in the header paragraph. c. "Affiliated Operations Entity" shall have the same meaning as in Section 3 below. d. "AL Purchase Option" shall have the same meaning as in Section 4(b) below. e. "Building" shall mean that certain building containing approximately twenty seven thousand square feet (27,000 ft.2) of space located on the Project Site. f. "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property, taxable tangible personal property, or both, at the Facility. A capital expenditure related to a leasehold interest in real property will be considered to be made "on behalf of the Company" if a lease between a developer and the Company is a capital lease, or is an operating lease having a term of at least ten (10) years, and the real property would not have been constructed or improved but for the Company's interest in leasing some or all of the real property. Only the capital expenditures allocated to the portion of the real property to be leased by the Company will count as Capital Investment. The purchase or lease of furniture, fixtures, machinery and equipment, including under an operating lease, will qualify as Capital Investment hereunder. g. "City" shall have the same meaning as that term in the header paragraph of this Agreement. h. "City IDA" shall have the same meaning as that term in the header paragraph of this Agreement. i. "Company" shall have the same meaning as that term in the header paragraph of Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 43 3 this Agreement. j. "County" shall have the same meaning as that term in the header paragraph of this Agreement. k. "Event of Default" shall have the same meaning as that term is used in Section 10 below. l. "Event of Force Majeure" shall mean without limitation, any of the following: acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of any kind of the government of the United States of America or of the Commonwealth of Virginia or any of their respective departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not caused by the Company; partial or entire failure of utilities; or any other cause or event not reasonably within the control of the Company. m. "Facility" shall collectively mean the Project Site along with the Building and any other improvements thereon. n. "Facility Lease" shall mean that certain ten (10) year lease between the Company, as tenant, and the City IDA, as landlord, for the Facility, as more particularly described in Section 4 below. o. "Facility Delivery Date" shall mean the date that the Facility is first made available by the City IDA for possession by the Company under the Facility Lease. p. "Government Party" or "Government Parties" shall mean any one or more of RIFA, the City IDA, the County and the City. q. "Maintain", as it pertains to a New Job, shall mean that the New Job will continue without interruption from the date of creation through the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions), (ii) strikes and (iii) other temporary work stoppages not to exceed sixty (60) days. r. "New Job" shall mean new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least Fifty Three Thousand Five Hundred Fourteen and 67/100 Dollars ($53,514.67), excluding standard fringe benefits. Each New Job must require a minimum of either (i) thirty-five (35) hours of an Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 44 4 employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least forty-eight (48) weeks, or (ii) one thousand six hundred eighty (1,680) hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth of Virginia, and positions with construction contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs. s. "Performance Date" shall mean the date that is five (5) years after the date of this Agreement. The Performance Date shall be extended one (1) day for each day after the Facility Delivery Date that the Facility is not made available by the City IDA for possession by the Company under the Facility Lease. The City IDA and the Company shall give written notice to RIFA of any extension of the Performance Date. t. "Performance Period" shall mean that period of time commencing on the date of this Agreement and ending on the Performance Date. u. "Project Site" shall have the same meaning as that term is used in Section 1(b) above. v. "Recruitment Documents" shall mean any one or more of this Agreement, the Facility Lease, and any and all performance grant agreements executed by the Company pertaining to State Grants and any other document(s) executed, at the request of RIFA, by the Company in connection with this Agreement. w. "RIFA" shall have the same meaning as that term in the header paragraph of this Agreement. x. "State Grants" shall mean the Commonwealth Opportunity Fund Grant; the Virginia State Enterprise Zone Job Creation Grant; the Virginia State Enterprise Zone Real Property Investment Grant; and the Virginia Jobs Investment Program Grant. Section 3. - Domestication to Virginia. The Company shall change its state of domestication from the State of Delaware to the Commonwealth of Virginia within one hundred twenty (120) days after the date of this Agreement and then shall maintain a Virginia domicile for the remainder of the Performance Period. The Company shall promptly provide to RIFA written evidence of its Virginia domestication. In the event that an affiliated entity controlled by the Company will actively support the Company's operations at the Facility (the "Affiliated Operations Entity"), the Company shall cause the Affiliated Operations Entity to execute a joinder certificate in the form reasonably satisfactory to RIFA's counsel, under which the Affiliated Operations Entity joins this Agreement as a party and agrees to be bound by the same terms and conditions of this Agreement to the same extent as the Company is bound. The Company and the Affiliated Operations Entity, if any, shall be in good standing with the Virginia State Corporation Commission and authorized to transact business in Virginia throughout the Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 45 5 balance of the Performance Period. Section 4. - Location of Manufacturing Operations in the Facility; the Facility Lease. a. Generally. Upon the Company's execution of this Agreement, the Company shall execute a Facility Lease in substantially the form set forth in Schedule 4, attached hereto and incorporated herein by this reference. During the Performance Period, the Company shall locate its manufacturing operations, along with its marketing and sales offices, in the Facility. Under the Facility Lease, at any time after the first five (5) years of the lease term, the Company shall have the right to terminate the Facility Lease upon giving at least ninety (90) days written notice to the City IDA and to RIFA and payment of any outstanding amounts owed to landlord under the Facility Lease. Such right of termination by the Company is more particularly described in the Facility Lease. In the event of a conflict between this Section 4(a) and the Facility Lease, the provisions of the Facility Lease shall control to the extent necessary to resolve such conflict. b. Option to Purchase the Facility and Adjacent Land. So long as the Company is not then in default of this Agreement, the Facility Lease or both, during the initial ten (10) year term of the Facility Lease, the Company shall have the option to purchase the Facility and the Adjacent Land from the City IDA (the "AL Purchase Option") at the Option Purchase Price (as defined in the Facility Lease). In no event shall the Option Purchase Price be less than One and 00/100 Dollar ($1.00). To exercise such option, the Company must provide written notice to the City IDA and to RIFA on or before the end of the initial term of the Facility Lease. In the event of a conflict between this Section 4(b) and the Facility Lease, the provisions of the Facility Lease shall control to the extent necessary to resolve such conflict. Section 5. - Capital Investment and Job Creation by the Company. a. $7,951,000.00 Capital Investment. On or before the Performance Date, the Company shall make Capital Investment in the minimum aggregate amount of Seven Million Nine Hundred Fifty One Thousand and 00/100 Dollars ($7,951,000.00) on or for the Facility. Notwithstanding the foregoing, it shall not constitute an Event of Default under Section 10 below if the Company shall make a Capital Investment of at least Seven Million One Hundred Fifty Five Thousand Nine Hundred and 00/100 Dollars ($7,155,900.00) on or before the Performance Date. b. 144 New Jobs. The Company shall create and employ one hundred forty four (144) New Jobs on or before the Performance Date and shall Maintain these New Jobs until at least the Performance Date. On May 1 and November 1 of each year during the Performance Period, the Company shall produce and deliver to RIFA a New Jobs roster itemizing, at a minimum, each New Job and the base pay (excluding fringe benefits), as described in Section 2(r) above and any other information pertaining to New Jobs as may be reasonably requested by RIFA. The Company shall redact from the New Jobs roster any personally identifiable information of its employees. The Company hereby authorizes each of the County's Economic Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 46 6 Development Director, the City Economic Development Director and the RIFA Treasurer or his respective designees to obtain and to verify the information contained in the New Jobs roster from the Virginia Employment Commission. Notwithstanding the foregoing, it shall not constitute an Event of Default under Section 10 below if the Company shall create and Maintain at least one hundred thirty (130) New Jobs on or before the Performance Date. c. Financial Report. On May 1 and November 1 of each year during the Performance Period, the Company shall produce and deliver to RIFA a general financial report on the status of the Company's business since the date of its opening at the Facility. Section 6. - Funds Extended to or for the Company. a. Long-Term/High Impact 50% Real Estate Tax Rebate for Year 1 through Year 5 (estimated at $72,674.00). Subject to appropriations, each of the County and the City shall rebate to the Company fifty percent (50%) of the real estate taxes imposed upon the Facility that are paid by the Company and actually received by the County and the City, respectively, during the first five (5) tax years after the execution of this Agreement. b. Long-Term/High Impact 50% Machinery and Tools Tax Rebate for Year 1 through Year 5 (estimated at $27,270.00). Subject to appropriations, each of the City and the County shall rebate to the Company fifty percent (50%) of the machinery and tools tax imposed upon the Company that are paid by the Company and actually received by the County and the City, during the first five (5) tax years after the execution of this Agreement. c. Up to $72,000.00 Danville-Pittsylvania County Enterprise Zone Jobs Grant. The City and the County acknowledge that under the City-County’s Enterprise Zone program, the Company's Capital Investment for the Facility and creation of New Jobs as contemplated in this Agreement could qualify for up to Seventy Two Thousand and 00/100 Dollars ($72,000.00) in value in the form of one-time cash payments of Five Hundred and 00/100 Dollars ($500.00) per job (the "D-P Enterprise Zone Jobs Grant"). The City and the County shall disburse such grant according to the terms and conditions of their Enterprise Zone program. After this grant is disbursed, this grant is not subject to recapture by the City, the County or any other Government Party in the event the Company fails to make the Capital Investment and/or create and Maintain the New Jobs on or before the Performance Date. d. Waiver of Building Zoning and Land Disturbance Permit Fees, and Water, Sewer and Natural Gas Connection Fees: Estimated Value of $100,000.00. The County and/or City will waive one hundred percent (100%) of the cost of building zoning and land disturbance permit fees for eligible new construction and expansions in the enterprise zone. Water, sewer and natural gas connection fees paid by the Company will be reimbursed for new construction, and Danville utilities would run all necessary water and sewer lines to the New Facility at its cost. Water and sewer connection fees are reimbursed by Pittsylvania County for new construction and expansions and the Pittsylvania County Service Authority will run necessary water and sewer lines to the Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 47 7 Facility at no charge to the Company. The waivers under this Section 6(d) shall be subject to all the enterprise zone terms and conditions. e. AL Purchase Option: Land Value of $300,000.00. As part of the Facility Lease, the City IDA shall grant to the Company the AL Purchase Option as more particularly described in Section 4(b) above, and where the Company shall receive a land value grant equal to Three Hundred Thousand and 00/100 Dollars ($300,000.00) in the form of a reduction in the net purchase price. In the event of a conflict between this Section 6(e) and the Facility Lease, the provisions of the Facility Lease shall control to the extent necessary to resolve such conflict. f. State Grant Applications. RIFA or other Government Parties may apply for and accept State Grants as follows: i. $500,000.00 Commonwealth Opportunity Fund Grant. As a condition to and as a part of the application for the Commonwealth Opportunity Fund Grant, RIFA and the Company shall enter into a performance grant agreement with the Virginia Economic Development Partnership. If the application for such grant is approved, RIFA shall disburse the funds upon the Company's satisfaction or achievement of certain performance metrics as set forth in such performance grant agreement. ii. $281,800.00 job creation and $100,000.00 real property improvement: Virginia State Enterprise Zone Grant. The Facility is located in a Virginia Enterprise Zone. RIFA or the County shall apply for a Virginia State Enterprise Zone Grant from the Virginia Department of Housing and Community Development, estimated at up to Two Hundred Eighty One Thousand Eight Hundred and 00/100 Dollars ($281,800.00) for job creation and up to One Hundred Thousand and 00/100 Dollars ($100,000.00) for real property improvements to the Facility. If such application for such grant is approved, RIFA or the County shall disburse the grant according to the terms and conditions of the Virginia Enterprise Zone program. iii. $127,260.00 Virginia Manufacturing Sales and Use Tax. The Company may realize a savings from sales and use tax exemptions of up to One Hundred Twenty Seven Thousand Two Hundred Sixty and 00/100 Dollars ($127,260.00), subject to the Company's compliance with all applicable rules, regulations, and requirements for claiming such exemptions. iv. $129,600.00 Virginia Jobs Investment Program Grant. RIFA shall assist the Company in applying for grants under the Virginia Economic Development Partnership's Virginia Jobs Investment Program, estimated at One Hundred Twenty Nine Thousand Six Hundred and 00/100 Dollars Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 48 8 ($129,600.00). If such application for such grant is approved, the Virginia Economic Development Partnership (or if allowed by the program, RIFA) shall disburse the grant according to the terms and conditions of the Virginia Jobs Investment Program. The Company shall reasonably cooperate with the Government Parties in connection with the applications for the State Grants, including without limitation providing financial information about the Company, the Company's planned Capital Investments, and the creation schedule of the New Jobs. The Government Parties acknowledge that one or more advances of the State Grants could be made by RIFA or other Government Party applying for such grants, provided that the advanced disbursements are adequately secured in the sole and absolute determination of such applicant Government Party, in the event that the Company does not meet the performance metrics or other requirements for such State Grant. Section 7. - Capital Investment Report and Unaudited Annual Financial Statements. The Company shall provide a signed report to RIFA annually, beginning January 1, 2025, documenting the Company's progress in Capital Investment and in maintenance of the Capital Investment. The Company further agrees that each of the County's Economic Development Director, the City Economic Development Director and the RIFA Treasurer or his respective designees are authorized to verify all taxable Capital Investment and related information through the Office of the Commissioner of Revenue for the County. Along with the report in this Section, the Company shall provide to RIFA (i) unaudited financial statements covering the previous twelve (12) month period, prepared under generally accepted accounting principles (GAAP) as used in the United States of America and (ii) documentation or other information reasonably satisfactory to RIFA demonstrating the Company’s plans to have sufficient working capital to operate its business for at least the next eighteen (18) months and to meet its required Capital Investment as set forth in this Agreement. Section 8. - Affiliation with RBW Sports and Classics Limited, U.K. At all times during the Performance Period, the Company shall maintain its current affiliation with RBW Sports and Classics Limited, U.K. The Company shall give immediate written notice to RIFA in the event of a change in the Company's affiliation with RBW Sports and Classics Limited, U.K. or in the ownership of the Company. Section 9. - Representations and Warranties of the Company. As of the date of this Agreement and continuing until the Performance Date, the Company hereby represents and warrants to each Government Party the following: a. The Company is a limited liability company duly organized, validly existing, and in good standing under the laws of the Commonwealth of Virginia as of the date of this Agreement and after the Company performs under Section 3 above, and is authorized to transact Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 49 9 business in all jurisdictions in which it is required by law. b. This Agreement, the transactions contemplated herein, and the other Recruitment Documents to be executed by the Company have been or shall have been approved by all necessary corporate action by the Company; and the persons executing this Agreement and any of the other Recruitment Documents to be executed by the Company have or shall have full and complete authority to execute and deliver the same for and on behalf of the Company. c. The execution, delivery, and performance of this Agreement, the other Recruitment Documents, and the consummation of the transactions contemplated hereby and thereby by the Company will not violate, conflict with, or result in any default under, or cause any acceleration of any obligation under, any (i) Articles of Incorporation, Shareholders' Agreement, or other organizational documents of the Company; (ii) any existing contract, agreement, note, or other document to which the Company is a party, or by which the Company is bound; or (iii) any orders, decrees, or laws of any jurisdiction applicable to and binding upon the Company. d. This Agreement and all other Recruitment Documents constitute the legal, binding and enforceable obligations of the Company in accordance with the terms contained herein or therein. e. Except as is set forth in Schedule 9, there is no pending or threatened litigation or proceeding against the Company or RBW Sports and Classics Limited, U.K. which may materially adversely affect the financial condition, business operations, or business prospects of the Company. f. Neither the Company nor RBW Sports and Classics Limited, U.K. is in material default with respect to any existing indebtedness incurred by either of them. g. All financial statements, certificates, resolutions, and other information or documentation furnished to any one or more of the Government Parties prior to the date of this Agreement by the Company or RBW Sports and Classics Limited, U.K. are true, correct, and accurate, and no such information fails to disclose or misrepresents any information which could materially or adversely affect the transactions contemplated in this Agreement; and neither the Company nor RBW Sports and Classics Limited, U.K. has failed to disclose any information which could materially and adversely affect the business or financial condition of the Company. Section 10. - Event of Default. It shall be an Event of Default upon the occurrence of any one or more of the following events: a. The occurrence of any default under this Agreement, or any other Recruitment Document which is not cured within sixty (60) days after written notice to the Company of such default (or if such default cannot reasonably be cured within such sixty (60) day period, then if Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 50 10 the Company fails to substantially begin such cure within such sixty (60) day period or fails thereafter to diligently pursue such cure); b. The Company discontinues business for a period of sixty (60) days or more, or materially changes the nature of the Company's business; c. The Company (i) files a petition or has a petition filed against it under the Bankruptcy Code or any proceeding for the relief of insolvent debtors which is not dismissed within sixty (60) days of such filing; (ii) is subject to the entry of an order for relief by any court of insolvency; (iii) makes an admission of insolvency seeking the relief provided in the Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the benefit of creditors; (v) has a receiver appointed, voluntarily or otherwise, for its property; or (vi) becomes insolvent, however otherwise evidenced; d. The controlling owner of the Company (i) files a petition or has a petition filed against it under the Bankruptcy Code or any proceeding for the relief of insolvent debtors which is not dismissed within sixty (60) days of such filing; (ii) is subject to the entry of an order for relief by any court of insolvency; (iii) makes an admission of insolvency seeking the relief provided in the Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the benefit of creditors; (v) has a receiver appointed, voluntarily or otherwise, for its property; or (vi) becomes insolvent, however otherwise evidenced; e. The Company is not in good standing with the Virginia State Corporation Commission after having received at least sixty (60) days written notice; or f. An officer or controlling owner of the Company (i) is convicted of a felony, or (ii) is convicted of any other crime involving lying, cheating, stealing, fraud, misappropriation, or other similar acts of dishonesty. Section 11. - Upon Occurrence of an Event of Default. In addition to and not in lieu of any other remedies or relief made available to any one or more of the Government Parties under this Agreement, at law or in equity, upon the occurrence of an Event of Default, irrespective of whether any Government Party has terminated this Agreement, each Government Party (as the case may be) may elect any one or more of the following: a. The Government Party may immediately cease to disburse any further payments to or for the Company under this Agreement or the Recruitment Documents; b. The Government Party may give written notice to the Company exercising the right to accelerate the Company's obligation to repay its unpaid indebtedness of the Company to that Government Party, declaring the outstanding balance to be immediately due and payable; c. The City IDA shall have the right to deem that the Company is in default of the Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 51 11 Facility Lease; d. Upon giving written notice to the Company, the Government Party shall have the right, but not the obligation, to offset any amounts owed by the Government Party against amounts owed or claimed to be owed by the Company; and/or e. The Government Party may pursue any and all other remedies available to it under this Agreement, any one or more of the Recruitment Documents or applicable law. Section 12. - Audit and Guideline Requirements. Upon reasonable prior written request, the Company shall allow each of the County's Economic Development Director, the City Economic Development Director and the RIFA Treasurer (or his respective designees) reasonable access during regular business hours to all records pertaining to the Company's employment and investment at the Facility, and the Company shall cooperate with RIFA in any audit of such records by furnishing all information necessary to verify the Company's performance under this Agreement. In return, each of RIFA, the County and the City agrees to maintain the confidentiality of any and all proprietary, confidential and/or sensitive information, including without limitation personal payroll earnings or similar information that those Government Parties or its designees may receive or access. Section 13. - Force Majeure. Notwithstanding the foregoing, if the Company does not meet the New Job and Capital Investments requirements because of an Event of Force Majeure, the Performance Date will be extended day-for-day by the delay in meeting the targets caused by the Event of Force Majeure. Section 14. - Subject to Annual Appropriations. As provided under Virginia law, the obligations of the Government Parties to pay the cost of performing its obligations under this Agreement are subject to and dependent upon annual appropriations being made from time to time by the governing body of such Government Party, for such purpose. Section 15. - Non-waiver. No waiver of any term or condition of this Agreement by any party shall be deemed a continuing or further waiver of the same term or condition or a waiver of any other term or condition of this Agreement. Section 16. - Attorneys' Fees. Each of the parties shall be solely responsible for their respective attorneys' fees in the negotiating, drafting, and execution of this Agreement and any of the transactions contemplated hereby. Section 17. - Other Documents. The parties agree that they shall execute, acknowledge, and deliver all such further documents as may be reasonably required to carry out and consummate the transactions contemplated by this Agreement. Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 52 12 Section 18. - Default. In the event that a party to this Agreement incurs attorneys' fees and/or costs in pursuing or defending an alleged breach of this Agreement, the non-prevailing party, in addition to any other remedy, shall be responsible for the reasonable attorneys' fees and costs incurred by the prevailing party. The parties retain all rights at law and in equity to enforce the provisions of this Agreement in accordance with applicable law. Section 19. - Entire Agreement. This Agreement and the schedules hereto contain the entire agreement and understanding of the parties to this Agreement with respect to the transactions contemplated hereby; and this Agreement and the schedules hereto supersede all prior understandings and agreements of the parties with respect to the subject matter hereof. Section 20. - Headings. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. Section 21. - Notices. Any notice required or contemplated to be given to any of the parties by any other party shall be in writing and shall be given by hand delivery, certified or registered United States mail, or a private courier service which provides evidence of receipt as part of its service, as follows: If to RIFA: Danville-Pittsylvania Regional Industrial Facility Authority Attn.: Susan M. DeMasi, Secretary 427 Patton Street P.O. Box 3300 (zip code 24543) Danville, VA 24541 With a copy to: Michael C. Guanzon, Esq. Christian & Barton, L.L.P. 901 E. Cary Street Suite 1800 Danville, VA 24541 If to the County: Attn.: Matthew D. Rowe Director of Economic Development 1 Center Street P.O. Box 426 Chatham, VA 24531 With a copy to: J. Vaden Hunt, Esq. County Attorney 1 Center Street P.O. Box 426 Chatham, VA 24531 If to the City IDA or the City: Attn.: Corrie T. Bobe Director of Economic Development 427 Patton Street P.O. Box 3300 (zip code 24543) Danville, VA 24541 With a copy to: W. Clarke Whitfield, Jr., Esq. City Attorney 427 Patton Street, Room 421 P.O. Box 3300 (zip code 24543) Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 53 13 Danville, VA 24541 If to the Company: Attn: Ryan J. Morris, CEO 1350 Barker Road Danville, VA 24541 With a copy to: Howard Cooper 151-153 Park Road St. Johns Woods London, NW8 7HT United Kingdom Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change in the manner provided herein. A notice given hereunder shall be deemed given on the date of hand delivery, deposit with the United States Postal Service properly addressed and postage prepaid, or delivery to a courier service properly addressed with all charges prepaid, as appropriate. Copies as set forth in this Section 21 are provided as a courtesy and shall not be required to effectuate notice as provided herein. Section 22. - Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties hereby submit to the exclusive jurisdiction of the state court located in Pittsylvania County, Virginia, or the U.S. District Court for the Western District of Virginia (Danville Division), in any action or proceeding arising out of, or related to this Agreement, and the parties hereby agree that all claims in respect of any action or proceeding shall be heard or determined only in either of these courts. The parties agree that a final judgment in any action or proceeding shall, to the extent permitted by applicable law, be conclusive and may be enforced in other jurisdictions by suit on the judgment, or in any other manner provided by applicable law related to the enforcement of judgments. If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumptions or burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the provisions of this Agreement. Section 23. - Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. Section 24. - Amendment, Modification and/or Supplement. The parties may amend, modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties, provided such amendments, modifications, and/or supplement are reduced to writing and signed by the parties or their successors in interest. Section 25. - Gender and Number. Throughout this Agreement, wherever the context requires or permits, the neuter gender shall be deemed to include the masculine and feminine, and the singular number to include the plural, and vice versa. Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 54 14 Section 26. - Counterparts. This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. Section 27. - Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 28. - Survival. Any termination, cancellation or expiration of this Agreement notwithstanding, provisions which are by their terms intended to survive and continue shall so survive and continue. Section 29. - No Third-Party Beneficiaries. Nothing in this Agreement is intended, nor will be deemed, to confer any rights or remedies upon any person or legal entity not a party to this Agreement. [SIGNATURES ARE ON FOLLOWING PAGES.] Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 55 15 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia By: _______________________________ William V. Ingram, Chairman ATTEST: ______________________________ Susan M. DeMasi Corporate Secretary Danville-Pittsylvania Regional Industrial Facility Authority COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2024, by WILLIAM V. INGRAM, in his capacity as Chairman of DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 56 16 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _______________________________ T. Neal Morris, Chairman ATTEST: ______________________________ Print Name: ____________________ Corporate Secretary Industrial Development Authority of Danville, Virginia COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2024, by T. NEAL MORRIS, in his capacity as Chairman of INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ List of Schedules 1(b) - The Project Site 1(c) - Summary of Incentives 4 - The Facility Lease Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 57 17 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _______________________________ Darrell Dalton, Chairman Board of Supervisors ATTEST: ______________________________ J. Vaden Hunt Clerk Pittsylvania County Board of Supervisors COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2024, by DARRELL DALTON, in his capacity as Chairman of the Board of Supervisors of COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ List of Schedules 1(b) - The Project Site 1(c) - Summary of Incentives 4 - The Facility Lease Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 58 18 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation By: _______________________________ Kenneth F. Larking City Manager ATTEST: ______________________________ Susan M. DeMasi City Clerk City of Danville, Virginia COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2024, by KENNETH F. LARKING, in his capacity as City Manager of CITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ List of Schedules 1(b) - The Project Site 1(c) - Summary of Incentives 4 - The Facility Lease Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 59 19 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: RBW SPORTS & CLASSICS, INC., a Delaware corporation By: _______________________________ Ryan J. Morris CEO List of Schedules 1(b) - The Project Site 1(c) - Summary of Incentives 4 - The Facility Lease Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 8/21/2024 60 20 Schedule 1(b) (The Project Site) ALL of that certain lot, tract, or parcel of land, together with improvements thereon and appurtenances thereunto belonging, situate in Pittsylvania County, Virginia, and more particularly described as follows: LOT 1A, containing approximately 10 acres, more or less, fronting on State Road 733 (Barker Road), as shown on "Plat of Survey for Industrial Development Authority of Danville, Virginia showing the Subdivision of Lot 1 Cane Creek Center creating Lot 1A & Lot 1B" by Shanks Associates, P.C., dated April 6, 2022, recorded in the Clerk’s Office of the Circuit Court of Pittsylvania County, Virginia (the “Clerk’s Office”) as Instrument No. 23-00602; and AND BEING, IN FACT, a portion of the same property conveyed by 22 Stars, Inc., a Texas corporation, to Industrial Development Authority of Danville, Virginia, a political subdivision of the Commonwealth of Virginia, by deed dated October 19, 2019, and recorded in the Clerks' Office as Instrument No. 19-05251, at page 105, to which plat and deed specific reference is here made for a more particular description of the property herein described. Reference is here made to those certain Cane Creek Centre Declaration of Protective Covenants, dated July 12, 2005, and recorded in the Clerk’s Office as Instrument No. 05-06158, in Deed Book 1505, at page 237, as amended by Instrument No. 12-03321, at page 104, and supplemented by Instrument No. 14-00362, at page 1, and Instrument No. 15-00596, at page 1, and as amended by Instrument No. 22-05040, at page 5. This property is made subject to all easements, conditions, restrictions and agreements of record affecting the real estate hereby described or any part thereof. Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 61 21 Schedule 1(c) (Summary of Incentives) LOCAL INCENTIVES* Value or Max. Value Long-Term/High Impact 50% Real Estate Tax Rebate for Year 1 through Year 5 (§6(a)) – estimated value $72,674.00 Long-Term/High Impact 50% Machinery and Tools Tax Rebate for Year 1 through Year 5 (§6(b)) – estimated value $27,270.00 Danville-Pittsylvania County Enterprise Zone Jobs Grant (§6(c)) $72,000.00 Waiver of Building Zoning and Land Disturbance Permit Fees, and Water and Sewer Connection Fees (§6(d)) – estimated value $100,000.00 Adjacent Land Purchase Option – Land Value (§6(e)) $300,000.00 Total $571,944.00 STATE INCENTIVES* Value or Max. Value Commonwealth Opportunity Fund Grant (§6(f)(i)) $500,000.00 Virginia State Enterprise Zone Grant – job creation (§6(f)(ii)) $281,800.00 Virginia State Enterprise Zone Grant – real property improvements (§6(f)(ii)) $100,000.00 Virginia State Manufacturing Sales and Use Tax Exemption (§6(f)(iii)) $127,260.00 Virginia Jobs Investment Program Grant (§6(f)(iv)) $129,600.00 Total $1,138,660.00 TOTAL LOCAL AND STATE INCENTIVES* $1,710,604.00 *Any and all advances of cash incentives are secured by collateral provided by the Company, in the event that the Company does not meet the performance metrics or other requirements for such cash incentives. Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 62 22 Schedule 4 (The Facility Lease) See attached. Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 63 23 Schedule 9 (Pending Litigation) 1. RBW Sports and Classics Limited v. Continental Engineering Services Limited, Case No.____________, __________ Court of ______________. Contract litigation initiated in the United Kingdon by RBW Sports and Classics Limited (“RBW”), wherein RBW is seeking recovery of damages occasioned by Continental Engineering Services Limited’s (Continental”) alleged breach of contract for Continental’s provision of mechanical/ software components. No claim or counterclaim has been or is expected to be asserted against RBW by Continental. Docusign Envelope ID: 5E440880-0210-45A0-B36B-B270F4C553F9 64 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Revised ODAC Lease Approval Staff Contact(s): Vaden Hunt Agenda Date: September 17, 2024 Item Number: 7.i. Attachment(s): 1. ODAC Lease (2024) Reviewed By: SUMMARY: Currently, the County leases office space from the Olde Dominion Agricultural Foundation, Inc. (“ODAF”), at the Olde Dominion Agricultural Center (“ODAC”), at 19783 U.S. Highway 29, Chatham, Virginia 24531. Said lease is past due for renewal. The revised lease’s (“Revised Lease”) term will be from July 1, 2024, to June 30, 2025, for the lease of 3,000 square feet, paid in one (1) installment not later than September 1, 2024. The Revised Lease’s rent shall be $72,120.00. Rent shall include, at no additional costs, fees, or expense to the County, the following: utilities, structural components, capital expenditures, fire and casualty insurance, real estate taxes, janitorial services, paper products, light bulbs, landscaping, lawn maintenance, snow removal, waste disposal, maintenance of the premises/center, storage space, and tenant conference room usage. The County will be responsible for the following: telephone, and internet services, alterations, environmental requirements, insurance on personal property, liability insurance, reporting to ODAC of any condition of damages to persons or property. The ODAF approved the Revised Lease at its last Board Meeting. For the Board’s review and consideration, the Revised Lease is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Annual rental payment of $72,120.00. This is a budgeted item, and no additional funds are needed. RECOMMENDATION: County Staff recommends the Board approve the Revised Lease as attached and presented. 65 MOTION: “I make a Motion approving the Revised Lease as attached and presented.” 66 67 68 69 70 71 72 73 74 7.j. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: FY 2025 Capital Improvements Project List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: September 17, 2024 Item Number: 7.j. Attachment(s): 1. Capital Improvements Projects-2025 Reviewed By: SUMMARY: For the Board's review and consideration, attached is a report of all Capital Improvements Fund Balances located in the Capital Improvements Fund (Fund 310), Water and Sewer Fund (Fund 501), and Landfill Fund (Fund 520). Per Section 8 of the County's Budget Resolution, "appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation." A report of all capital projects is therefore presented annually to the Board to reaffirm all capital improvement projects for the upcoming budget year. FINANCIAL IMPACT AND FUNDING SOURCE: Approval of the Capital Improvements Fund Balances does not create an additional financial impact on the County Budget. The majority of these balances are being carried over from FY 2024. The remaining balances were previously approved by the Board during the FY 2025 County Budget approval process. RECOMMENDATION: County Staff recommends the Board approve the attached FY 2025 Capital Improvements Project List. MOTION: 75 "I make a Motion approving the attached FY 2025 Capital Improvements Project List as attached and presented." 76 BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-24 BALANCE COMPUTER - CAPITAL OUTLAY - 094100 310-4-094100-8118 FINANCIAL MGT SYSTEM - - 310-4-094100-81181 HR SOFTWARE 46,547.00 46,547.00 310-4-094100-81182 WEBSITE DEVELOPMENT - - 310-4-094100-81183 COMMUNITY DEV PUBLIC ACCES 40,000.00 40,000.00 310-4-094100-8121 IT SERVER/NETWORK UPGRADE (31,769.12) (31,769.12) 310-4-094100-8149 TELEPHONE SYSTEM UPGRADE 50,000.00 50,000.00 TOTAL COMPUTER - CAPITAL OUTLAY - 094100 104,777.88 104,777.88 BUILDING AND GROUNDS - CAPITAL OUTLAY - 094130 310-4-094130-8158 BUILDING & GROUNDS IMPROVEMENTS 1,075,222.40 1,075,222.40 TOTAL - BLDG AND GROUNDS - CAPITAL OUTLAY - 094130 1,075,222.40 1,075,222.40 FIRE & RESCUE - CAPITAL OUTLAY - 094135 310-4-094135-5605 VOLUNTEER FIRE & RESCUE GRANT 11,588.45 11,588.45 310-4-094135-8102 MEDICAL EQUIPMENT 112,693.81 112,693.81 310-4-094135-81021 SCBA PACKS & ACCESSORIES 18,034.77 18,034.77 310-4-094135-810211 SCBA CYLINDER REPLACEMENT 32,574.53 32,574.53 310-4-094135-810212 PERSONAL PROTECTIVE EQUIPMENT 19,153.70 19,153.70 310-4-094135-810215 FIRE & RESCUE CAPITAL RESERVE 86,474.44 86,474.44 310-4-094135-81022 TRAINING CENTER EQUIPMENT 31,108.36 31,108.36 310-4-094135-8103 COMMUNICATION EQUIPMENT 216,050.46 216,050.46 310-4-094135-81051 FIRE ENGINE - VOLUNTEER 550,000.00 550,000.00 310-4-094135-810511 AMBULANCE - VOLUNTEER 425,000.00 425,000.00 310-4-094135-810512 CAREER STAFF APPARATUS 362,906.55 362,906.55 310-4-094135-8132 SPECIAL OPS CAPITAL EQUIP 25,000.00 25,000.00 310-4-094135-9100 TRANSFER TO OTHER FUNDS - TOTAL - FIRE & RESCUE-CAPITAL OUTLAY-094135 1,890,585.07 1,890,585.07 COMMUNITY & IND DEV - CAPITAL OUTLAY - 094150 310-4-094150-81691 COMPREHENSIVE PLAN 100,250.00 100,250.00 310-4-094150-818127 MOSES BUILDING RENOVATIONS 844,069.00 844,069.00 310-4-094150-8186 COURTHOUSE FACILITY/JAIL STUDY 52,217.90 52,217.90 310-4-094150-81861 NEW JAIL CONSTRUCTION - - 310-4-094150-819175 VOTING EQUIPMENT 187,500.00 187,500.00 310-4-094150-81862 COMMUNITY BASED CORRECTION PLAN STUDY - - 310-4-094150-819190 GRETNA LIBRARY RENOVATIONS 20,912.12 20,912.12 310-4-094150-819192 LIBRARY-BOOKMOBILE 100,000.00 100,000.00 310-4-094150-82163 BROADBAND INFRASTRUCTURE 6,501,620.80 6,501,620.80 310-4-094150-9100 TRANSFERS TO OTHER FUNDS - - TOTAL - COMMUNITY & IND DEV - CAPITAL OUTLAY - 094150 7,806,569.82 7,806,569.82 PARKS & RECREATION - CAPITAL OUTLAY - 094175 310-4-094175-819188 SCHOOL PARKS IMPROVEMENTS 59,100.00 59,100.00 310-4-094175-819189 WAYSIDE PARK IMPROVEMENTS - TOTAL PARKS & RECREATION - CAP. OUTLAY - 094175 59,100.00 59,100.00 GRAND TOTAL - FUND 310 10,936,255.17 10,936,255.17 To Be Funded by the General Fund 2,993,366.00 2,993,366.00 To Be Funded by Carryover Funds 7,989,696.19 7,989,696.19 Carryover PO (46,807.02) (46,807.02) TOTAL-ALL FUNDING SOURCES 10,936,255.17 10,936,255.17 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 310 BALANCES AS OF 7-1-24 77 BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-24 BALANCE WATER-CAPITAL OUTLAY - 094165 501-4-094165-8204 HORSESHOE ROAD WATER EXTENSION - - 501-4-094165-8205 ROBIN COURT WATER SYSTEM IMPROVEMENTS 825,992.42 825,992.42 501-4-094165-8208 GRIT ROAD WATER SUPPLY 12,526.25 12,526.25 501-4-094165-8209 MT HERMON WATER BOOSTER IMPROVEMENTS 285,324.00 285,324.00 501-4-094165-8210 CRITICAL DEFICIENCES IMPROVEMENTS 110,866.25 110,866.25 501-4-094165-8216 WOODROAM WATERWORKS SYSTEM 81,180.00 81,180.00 501-4-094165-8217 VISTA POINTE WATER TANK 40,000.00 40,000.00 501-4-094165-8218 R&L SMITH ROAD WATER EXT 250,000.00 250,000.00 501-4-094165-8300 WATER-CAPITAL RESERVE 359,087.06 359,087.06 TOTAL - WATER - CAPITAL OUTLAY 094165 1,964,975.98 1,964,975.98 SEWER-CAPITAL OUTLAY - 094166 501-4-094166-8210 CRITICAL DEFICIENCIES IMPROVEMENTS 383,638.75 383,638.75 501-4-094166-8211 HODNETT'S MILL SEWER LIFT STATION IMRPOVEMENTS 374,535.00 374,535.00 501-4-094166-8212 RAGSDALE SEWER LIFT STATION IMPROVEMENTS 279,387.00 279,387.00 501-4-094166-8213 VISTA POINTE SEWER LIFT STATION IMPROVEMENTS 336,911.00 336,911.00 501-4-094166-8214 BLAIRS SEWER LIFT STATION IMPROVEMENTS 364,852.00 364,852.00 501-4-094166-8215 BROCKWAY SEWER MAIN INSTALLATION & LIFT STATION DECOMMISIONING 664,486.00 664,486.00 501-4-094166-8300 SEWER-CAPITAL RESERVE 285,691.00 285,691.00 TOTAL - SEWER - CAPITAL OUTLAY 094166 2,689,500.75 2,689,500.75 GRAND TOTAL 4,654,476.73 4,654,476.73 TO BE FUNDED BY CARRYOVER FUNDS 1,109,762.57 1,109,762.57 TO BE FUNDED BY CARRYOVER PO FUNDS (95,154.48) (95,154.48) TO BE FUNDED BY EDA GRANT 2,400,000.00 2,400,000.00 TO BE FUNDED BY VDH GRANTS 970,877.64 970,877.64 NEW MONEY 268,991.00 268,991.00 TOTAL-ALL FUNDING SOURCES 4,654,476.73 4,654,476.73 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 501 BALANCES AS OF 7-1-24 78 BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-24 BALANCE SOLID WASTE - CAPITAL OUTLAY - 094110 520-4-094110-8102 LANDFILL EQUIPMENT - - 520-4-094110-8123 ROLL-OFF/FRONT LOADER TRUCK 217,648.17 217,648.17 520-4-094110-81301 NEW COMPACTOR SITE 272,053.77 272,053.77 520-4-094110-81302 CALLAHAN HILL COMPACTOR SITE - - 520-4-094110-8133 COMPACTOR SITE IMPROVEMENT 66,476.61 66,476.61 520-4-094110-8137 GAS WELL INSTALLATION 43,448.00 43,448.00 520-4-094110-8142 RESERVE-LANDFILL CAPITAL 537,595.07 537,595.07 520-4-094110-8250 PURCHASE OF PROPERTY 9,500.00 9,500.00 TOTAL - SOLID WASTE - CAPITAL OUTLAY - 094110 1,146,721.62 1,146,721.62 LANDFILL - CAPITAL OUTLAY - 094120 520-4-094120-8102 CAPITAL OUTLAY-EQUIPMENT - - 520-4-094120-8139 LANDFILL CLOSURE 652,185.04 652,185.04 520-4-094120-8141 OFFICE/BREAKROOM RENOVATIONS 257,232.00 257,232.00 520-4-094120-8142 RESERVE-LANDFILL CAPITAL - - 520-4-094120-8146 ENGINEERING 138,552.54 138,552.54 520-4-094120-81461 GROUND WATER MONITORING WELLS 50,524.66 50,524.66 520-4-094120-81465 LEACHATE COLLECTIONS REPAIR - - 520-4-094120-8212 LANDFILL CELL C2 CONSTRUCTION - - TOTAL - LANDFILL- CAPITAL OUTLAY - 094120 1,098,494.24 1,098,494.24 LANDFILL - CAPITAL OUTLAY - 094151 520-4-094151-3150 CLOSING COSTS/LEGAL - 520-4-094151-8102 CAPITAL OUTLAY-EQUIPMENT - - 520-4-094151-81301 NEW COMPACTOR SITE - - 520-4-094151-8133 COMPACTOR SITE IMPROVEMENT 404,717.83 404,717.83 520-4-094151-8212 LANDFILL CONSTRUCTION 74,028.86 74,028.86 TOTAL - LANDFILL- CAPITAL OUTLAY - 094120 478,746.69 478,746.69 GRAND TOTAL 2,723,962.55 2,723,962.55 TO BE FUNDED BY SOLID WASTE HOUSEHOLD FEE 410,000.00 410,000.00 TO BE FUNDED WITH C/O POS (683,698.62) (683,698.62) TO BE FUNDED BY CARRYOVER FUNDS 2,997,661.17 2,997,661.17 TOTAL-ALL FUNDING SOURCES 2,723,962.55 2,723,962.55 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 520 BALANCES AS OF 7-01-24 79 7.k. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Excellence Approval (Jackson Wethington) Staff Contact(s): Murray Whittle, Kenneth Bowman Agenda Date: September 17, 2024 Item Number: 7.k. Attachment(s): 1. Certificate of Excellence - Jackson Wethington Reviewed By: SUMMARY: The Board expresses its sincere appreciation and admiration to Jackson Wethington ("Wethington") for his outstanding bravery and heroism displayed on July 22, 2023, at English Park on the Staunton River, as he rescued three (3) people from a dangerous current, to one (1) of which he administered CPR, ultimately saving their lives. The courage Wethington isplayed during this event is remarkable, and he is the true definition of a "Local Hero." The Board, via the attached Certificate of Excellence ("COE"), expresses its sincere appreciation and admiration to Wethington for his courageous efforts. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached COE honoring Wethington. MOTION: "I make a Motion approving the attached COE honoring Wethington." 80 C e r t i f i c a t e o f E x c e l l e n c e Jackson Wethington Darrell W. Dalton, Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation and admiration to you for your outstanding bravery and heroism displayed on July 22, 2023, at English Park on the Staunton River. You demonstrated exceptional courage and quick thinking by rescuing two young girls caught in a dangerous current. Without hesitation, you plunged into the river, bringing them to safety. When your friend was swept under the current during the rescue, you performed a second act of heroism by retrieving him and administering CPR, ultimately saving his life. We congratulate you on being awarded the National Lifesaving Award from the Boy Scouts of America, a rare and prestigious recognition bestowed for acts of valor. Your actions exemplify the highest ideals of bravery, selflessness, and service to others, and the courage you displayed during this event is remarkable. You are the true definition of a Local Hero. Thank you again for your courageous efforts and we wish you the best in your future endeavors. Given this 17th day of September, 2024 Murray W. Whittle, Westover Kenneth L. Bowman, Chatham-Blairs 81 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn McCluster Agenda Date: September 17, 2024 Item Number: 8.a. Attachment(s): None Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the September Consent Agenda or at previous Meetings. 82 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-015 Gary Durham; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Supervisor Dalton) Staff Contact(s): Emily Ragsdale Agenda Date: September 17, 2024 Item Number: 10.a.1. Attachment(s): 1. R-24-015 Gray Durham App 2. R-24-015 Gary Durham Map Reviewed By: SUMMARY: In Case R-24-015, Gary Durham (“Petitioner”) has petitioned to rezone two (2) parcels, totaling 13.69 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, (to allow the property to be used for agricultural purposes). The subject property is located on State Road 834/Bearskin Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN #s 1494-93-9114 and 1494-93-9925. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 6, 2024, the Planning Commission recommended by a 6-0 vote, with no opposition, that the Petitioner's request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-24-015 as submitted. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County's Comprehensive Plan. MOTION: 83 “In Case R-24-015, I make a Motion approving the rezoning of a total of 13.69 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural uses on the property.” 84 85 86 87 88 89 90 91 92 93 94 10.a.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-013: Brett and Erin Tooley; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. (Supervisor Hite) Staff Contact(s): Emily Ragsdale Agenda Date: September 17, 2024 Item Number: 10.a.2. Attachment(s): 1. R24-013 Tooley App 2. R-24-013 Tooley Map Reviewed By: SUMMARY: In Case R-24-013, Brett and Erin Tooley (“Petitioners”) have petitioned to rezone 3.85 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, (to allow a private recreational facility (event space) to be operated on the property). The subject property is located on State Road 992/Homestead Trail, in the Dan River Election District, and shown on the Tax Maps as GPIN #s 2440-66-8572 and 2440-76-0545. 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 postponed this Rezoning Application to allow the Petitioners time to draft Proffers to be offered with the Rezoning Application. The Petitioners have offered Proffers that are included in the Board's Agenda Packet. On July 2, 2024, the Planning Commission recommended by a 6-0 vote, with opposition, that the Petitioners' request be granted with the Proffers offered by the Petitioners. 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-24-013 as submitted with the Proffers offered by the Petitioners. The subject property is adjacent to properties 95 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-24-013, with the included Proffers, I make a Motion approving the rezoning of 3.85 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow a private recreational facility (event space) to be operated on the property.” 96 97 98 99 100 101 102 103 104 105 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: FY 2025 County Budget Adjustments Public Hearing Staff Contact(s): Kim VanDerHyde Agenda Date: September 17, 2024 Item Number: 10.b.1. Attachment(s): 1. 2025 BUDGET ADJUSTMENT with attachments Reviewed By: SUMMARY: Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing twice in a newspaper having general circulation in that locality, with the first publication being published no more than 28 days before and the second notice being no less than seven days prior to the meeting date.” An advertisement for the County Budget Amendments, attached, appeared in The Chatham Star Tribune on August 28, 2024, and on September 4, 2024, which satisfies the legal notice requirement. For the Board's review and consideration, attached is a Budget Synopsis showing both revenues and expenditures totaling $40,819,857.09, along with a detailed spreadsheet outlining the specific uses of these funds. FINANCIAL IMPACT AND FUNDING SOURCE: The County needs to make several Budget Amendments to the FY 2025 County Budget. Please see attached documentation for specific numbers. RECOMMENDATION: Following the required Public Hearing, County Staff recommends the Board approve an appropriation of $40,819,857.09. MOTION: 106 "I make a Motion approving FY 2025 Budget Amendments totaling $40,819,857.09 as presented." 107 PUBLIC HEARING NOTICE Pursuant to §15.2-2507, Code of Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, September 17, 2024, at 7:00 p.m., in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia, 24531, to receive citizen input on the proposed FY2025 Budget Amendments. Public hearing documents are available for public inspection Monday-Friday, 8 am – 5 pm, in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, and on the County’s website, www.pittsylvaniacountyva.gov. Proposed Budget Amendments 2024-2025 REVENUES Current Budgeted Revenues $238,986,887.00 Unassigned Fund Balance (Includes Carryovers) 19,172,947.25 School Revenue-(Federal, State, Local) 6,365,640.00 School Carryovers 13,837,975.31 Beautification Fund 74,701.01 Pet Center Fund 16,824.40 Grants Fund 160,000.00 Capital Improvements Refund 31,769.12 Capital Improvements Transfer 1,160,000.00 Proposed Amended Revenues $279,806,744.09 EXPENDITURES Current Budgeted Expenditures $238,986,887.00 General Fund Operating Budget 19,172,947.25 School Operating Budget 20,203,615.31 Beautification Fund 74,701.01 Pet Center Fund 16,824.40 Grants Fund 160,000.00 Capital Improvements Projects 1,191,769.12 Proposed Amended Expenditures $279,806,744.09 108 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount COUNTY AMENDMENTS Information Technology 65,000.00 Carryover Funds for Svc Contracts- Equipment-was not included in original budget request Svc Contracts-Equipment 100-4-012510-3320 65,000.00 General District Cout 2,655.00 Carryover Funds for the purchase a copier for the office Office Supplies 100-4-021200-6003 2,295.00 Copier Lease 100-4-021200-600510 360.00 Clerk of Court 22,243.85 Carryover of Clerk's Office Contribution for Office Supplies- These funds are collected by the Clerk's Office during the year and can only be used by this office Office Supplies 100-4-021600-6001 22,243.85 Commonwealth's Attorney 70,000.00 Carryover of funds for new Criminal Case Management Software-Currently being installed in the CA's office Capital Outlay-Computers 100-4-022100-8107 70,000.00 Sheriff 5,291.90 Carryover of Donations for Halloween Halloween-Contributions 100-4-031200-5878 5,291.90 Sheriff 533.76 Carryover of Donations for Project Lifesaver Expenses Project Lifesaver Expenses 100-4-031200-5882 533.76 Sheriff 22,907.90 Carryover of Donations for the Dare Program DARE Supplies 100-4-031200-6002 22,907.90 Sheriff 229,981.00 Carryover of Budget Savings from Sheriff's Operating Budget Transfer required to cover a variety of needs in the Sheriff/Jail budgets. These estimates have been provided by the Sheriff after reviewing year-end actuals and ensuring sufficient funds exist to cover upcoming aniticipated costs.100-4-033100-130000 163,475.00 100-4-033100-210000 12,506.00 100-4-031200-550000 17,000.00 100-4-031200-553000 12,000.00 100-4-031200-554000 15,000.00 100-4-031200-604500 10,000.00 Pittsylvania County FY 2025 Budget Amendments 109 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2025 Budget Amendments Sheriff 549,605.92 Carryover of Budget Savings from Sheriff's Operating Budget This amount has been requested to be carried over to ensure sufficient funds exist to provide dependable vehicles for the Sheriff's fleet 100-4-031200-8105/81052 549,605.92 Public Safety 24,739.77 FEMA funds received from various storms in the past. These funds are carried over each year to cover costs associated with future natural disasters that may occur PS-Natural Dis/Emergency Resp 100-4-032200-5670 24,739.77 Jail 2,165.00 Carryover of unused Capital Outlay-Vehicle funds to cover an outstanding vehicle lease Capital Outlay-Vehicles (Fleet Lease)10-4-033100-81052 2,165.00 Animal Control 4,535.00 Carryover of unused Dangerous Dog Funds collected from citizens with dangerous dogs. These fees are paid to the State on behalf of these citizens Dangerous Dog Fee 100-4-035100-5899 4,535.00 Children's Services Act (CSA)584,735.00 Carryover of Children Services Act Program Funds to ensure that sufficient funds exist to cover increased services in the coming year Comp Svc Act Pool-Programs 100-4-053500-7003 475,030.00 100-4-053500-7004 109,705.00 Parks & Recreation 7,700.00 Carryover requested from unused Field and Park maintenance funds to cover the increased cost of maintaining the ballfields and funds to cover refreshing the landscaping at our parks and at the Community Center Field Maintenance 100-4-071100-6006 3,000.00 Park Maintenance 100-4-071100-60061 4,700.00 Community Contributions 5,291.90 Carryover of donations approved in FY2024 but will not be spent until FY2025 Southern Area Agency on Aging (SAAA)100-4-081200-5654 5,291.90 110 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2025 Budget Amendments Community Development 21,544.00 Carryover of funds from Building Inspections Budget to cover plan reviews for construction projects Consultants-Plan Review 100-4-081400-3163 21,544.00 Community Development 4,513.00 Carryover of funds received in June for Solar Farm Inspections- Invoice Paid in Jul Consultants-Solar Farm Inspections 100-4-081400-3161 4,513.00 Community Development 66,759.00 Carryover of funds from the Commnity Development Budget to cover plan reviews for construction projects and to cover the additional cost of the WPPDC contribution for FY2025 Consultants-Plan Review 100-4-081400-3163 66,076.00 100-4-081400-5673 683.00 Community Development 83,573.84 Fees are collected thru building inspections to help remove dilapidated structures in the County. The remaining balance is rolled over each year to cover this potential liability in the coming budget year.Dilapidated Structure Removal 100-4-081400-8142 83,573.84 Non-Departmental 158,935.00 Carryover of salary funds needed to cover positions not included in the 2025 budget due to these positions being open during the budget process and inadvertantly left out of the budget. These funds are available in vacancy savings Salaries & Wages 100-4-032200-1100 114,388.00 FICA 100-4-032200-2100 8,750.00 VRS 100-4-032200-2210 15,649.00 VRS Life 100-4-032200-2400 1,533.00 Dental 100-4-032200-2301 288.00 BCBS 100-4-032200-2300 18,304.00 SUI 100-4-032200-2600 23.00 111 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2025 Budget Amendments Non-departmental 1,647,282.53 Carryover of unused COLA funds and vacancy savings to cover COLA/Merit Increases for FY2025 COLA/Salary Increase 100-4-091200-1999 1,647,282.53 Non-departmental 140,884.42 Carryover of Contingency/Grant Local Match Funds Grants Local Match/Contingency 100-4-091200-8109 166,134.42 Capital Outlay-Equipment 100-4-71100-8102 (25,250.00) Non-departmental 422,594.15 Carryover of unused Health and Wellness Program increase in health care premiums for FY2025 BCBS-Co. Share 100-4-091200-2300 90,921.62 Workers Compensation 100-4-091200-2700 127,000.00 Wellness Program Expense 100-4-091200-31152 204,672.53 Debt Service 31,500.00 These funds are needed to cover the entire debt service on the 2311 Cane Creek Parkway property. During the budget process a tenant was in the building and paying a portion of this debt.2018 Master Lease Financing-Taxable 100-4-095100-91684 31,500.00 School Carryover-General Fund Side 13,837,975.31 School Carryovers Transfers to Other Funds 100-4-091200-9102 13,837,975.31 Capital Improvements Fund- General Fund Side 1,160,000.00 Unassigned Fund Balance Transfers to Other Funds 100-4-091200-9104 1,160,000.00 TOTAL GENERAL FUND 19,172,947.25 19,172,947.25 SCHOOL AMENDMENTS School Carryover Amounts: All-in Funding 3,997,958.98 State Funds-Remained Unspent at 6/30 School Operating Fund 205 3,997,958.98 Capital Project-Broadband 338,194.84 State Funds-Remained Unspent at 6/30 School Operating Fund 205 338,194.84 Capital Project-CES Sewer Connection 342,000.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 342,000.00 Capital Project-SMES HVAC 3,214,884.55 State Funds-Remained Unspent at 6/30 School Operating Fund 205 3,214,884.55 112 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2025 Budget Amendments Capital Project-PCTC Welding Shop Vetilation 500,000.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 500,000.00 Project Graduation 59,468.81 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 59,468.81 PBIS Grant 29,110.95 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 29,110.95 PBIS/VTSS Grant 1,798.32 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 1,798.32 Project Lead the Way 4,239.50 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 4,239.50 Roofing Projects-UHES, ECC Dome, Bus Shop, Middle School Metal Roofs 998,000.00 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 998,000.00 Replacement Vehicles (2 Main. 2 Transp, 2 IT)211,663.13 State Funds-Remained Unspent at 6/30 School Operating Fund 205 211,663.13 GHS Ice Storage Chiller 22,031.00 Local Funds-Remained Unspent at 6/30 School Operating Fund 205 22,031.00 CHS Storage Building 200,000.00 Local Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 200,000.00 Virginia Preschool Program 323,328.09 State Funds-Remained Unspent at 6/30 School Operating Fund 205 323,328.09 PALS Tutors 74,157.96 State Funds-Remained Unspent at 6/30 School Operating Fund 205 74,157.96 Textbooks 2,217,563.49 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 2,217,563.49 Drain field & Wastewater Expansion - KES 300,000.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 300,000.00 HS Band Towers 65,940.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 65,940.00 Armoured One - Entry Window Film 180,521.40 State Funds-Remained Unspent at 6/30 School Operating Fund 205 180,521.40 Maintenance Warehouse Purchase/Repairs 123,629.76 State Funds-Remained Unspent at 6/30 School Operating Fund 205 123,629.76 Special Ed Software 59,500.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 59,500.00 Smart Panels for Classrooms 450,257.00 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 450,257.00 On-going IT Projects 123,727.53 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 123,727.53 TOTAL SCHOOL CARRYOVER 13,837,975.31 TOTAL SCHOOL CARRYOVER 13,837,975.31 113 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2025 Budget Amendments 2025 School Budget Amendment: Additional State and Federal revenue received for PCS as referenced in the attached letter. An appropriation is needed for expenditures of these funds 205-3-000000-240201 (333,512.00) State Sales Tax 205-4-061000-1120 2,187,718.00 205-3-000000-240202 5,544,837.00 School Funds - Regular 205-4-062000-1800 (242,920.00) 205-3-000000-330201 1,155,515.00 Federal Funds 205-4-063000-3400 543,067.00 205-3-000000-240264 (1,200.00) School Misc Receipts 205-4-064000-3300 868,358.00 205-4-065000-3179 (125,932.00) 205-4-066000-5600 2,098,500.00 205-4-067000-5700 1,036,849.00 TOTAL 2025 SCHOOL BUDGET AMENDMENT 6,365,640.00 6,365,640.00 TOTAL SCHOOLS 20,203,615.31 20,203,615.31 BEAUTIFICATION FUND Unappropriated Surplus 74,701.01 Funds needed to clean County Welcome Signs and to freshen up the landscaping at the sign sites Contractual Services-Landscaping 230-4-043500-3172 74,701.01 TOTAL-BEAUTIFICAITON FUND 74,701.01 74,701.01 PET CENTER FUND Unappropriated Surplus/Carryovers 16,824.40 Remaining balance of Donations/Memorials made to the Pet Center for a specific purpose.Pet Center-Vet Exp-Spay/Neuter 245-4-035200-5849 6,983.59 Pet Center-Emergency Medical 245-4-035200-58492 9,840.81 TOTAL-PET CENTER FUND 16,824.40 16,824.40 GRANTS FUND DOE Library Grant 160,000.00 Funds awarded by the Department of Education for the Gretna Library Renovations Property & Improvements 250-4-073319-8216 160,000.00 114 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2025 Budget Amendments TOTAL-GRANTS FUND 160,000.00 160,000.00 CAPITAL IMPROVEMENTS FUND (CIP) IT Server/Network Upgrade 31,769.12 This is a refund that was received after year-end for equipment that was returned to the vendor. These funds need to be reappropriated to Computer-Capital Outlay IT Server/Network Upgrade 310-4-094100-8121 31,769.12 B&G Property Improvements 1,000,000.00 Funds allocated from the General Fund to cover the purchase and renovation of a building located on Main Street and additional funds added for unforseen B&G improvement needs Property & Improvements-6 S. Main Street 310-4-094130-815812 750,000.00 Builidng & Grounds Improvements 310-4-094130-8158 250,000.00 Medical Equipment 160,000.00 Funds previously approved by the BOS on 7-17-24 for use to provide drug box for all volunteer EMS stations Property & Improvements-6 S. Main Street 310-4-094135-8102 160,000.00 TOTAL-CIP FUND 1,191,769.12 1,191,769.12 GRAND TOTAL - ALL FUNDS 40,819,857.09 *40,819,857.09 *This amount includes a transfer total of $14,997,975.31 115 116 117 118 119 Increase/ 2021-2022 2022-2023 2023-2024 2023-2024 2024-2025 2024-2025 Decrease Final Amended Final Amended Adopted Amended Adopted Amended In 2024-2025 Budget Budget Budget Budget Budget Budget Amended Budget REVENUES From Sales Tax Funds 10,120,365 12,067,346 11,663,401 11,663,401 10,977,282 10,643,770 (333,512) From State Funds 57,385,019 64,596,686 65,084,530 74,160,211 66,113,295 71,658,132 5,544,837 From Federal Funds*20,234,457 22,795,021 21,954,582 21,937,832 12,864,699 14,020,213 1,155,515 From Local Funds 19,736,709 21,096,356 22,096,356 22,096,356 24,631,995 24,631,995 - From Other Funds 9,048,828 8,104,521 1,028,567 10,626,007 1,028,567 1,027,367 (1,200) TOTAL 116,525,377 128,659,930 121,827,436 140,483,807 115,615,838 121,981,478 6,365,640 EXPENDITURES Instruction 73,445,531 78,571,538 81,060,626 87,441,726 80,321,234 82,508,952 2,187,718 General Support 4,644,939 4,775,404 5,253,874 5,204,585 5,321,706 5,078,786 (242,920) Pupil Transportation Services 7,761,247 8,336,458 7,551,673 8,358,783 7,234,817 7,777,884 543,067 Operation & Maintenance 17,831,385 19,261,988 10,901,824 14,958,459 10,848,945 11,717,303 868,358 Non-Instructional Operations 6,745,803 6,195,851 5,892,627 6,027,814 6,459,744 6,333,812 (125,932) Facilities 2,571,433 7,714,624 2,400,000 10,595,009 1,578,685 3,677,185 2,098,500 Technology 3,525,040 3,804,067 8,766,812 7,897,431 3,850,707 4,887,556 1,036,849 Contingency Reserves - - - - - - - TOTAL 116,525,377 128,659,930 121,827,436 140,483,807 115,615,838 121,981,478 6,365,640 FY 2023-2024 Amended includes Carryover of $9,597,440.30 approved by BOS on September 19, 2023 FY 2023-2024 Amended Budget Based on the September 2023 Special Session of the GA. Adopted Budget approved April 4, 2024 by BOS 2024-2025 Amended Budget 120