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10-06-2014 BOS PKT0 -) & 5 61af BOARD PACKET BOARD OF SUPERVISORS REGULAR MEETING OCTOBER 6, 2014 1767 P1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING MONDAY, OCTOBER 6, 2014 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA I . Call to Order — 7:00 p.m. 2. Roll Call Harville Barber Snead Blackstock Bowman Hagerman Barksdale 3. Pledge of Allegiance 4. Items to be Added to the Agenda (a) Request for Nomination to the Pittsylvania Soil & Water Conservation District — Pages 10 -11 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale APPROVAL OF AGENDA Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale HEARING OF CITIZENS CONSENT AGENDA Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 5. (a) Proclamation — National Breast Cancer Awareness Month — Pages 14 -15 (b) Ratification of Resolution — Miller Funeral Home, Inc. — 50"' Anniversary — Pages 16 -17 (c) Letter of Congratulations — Sally Oakes & Christine Wilkerson —100th Birthday — Pages 18 -20 (d) Minutes: September 2, 2014/ Regular Meeting — Pages 21 -28 September 16, 2014 / Adjourned Meeting — Pages 29 -34 September 30, 2014/ Work Session — Pages 35 -36 (e) Bill List— September 2014 (Online) PRESENTATIONS 6. Parks and Recreation Update — Mark Moore — Pages 38 -39 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale UNFINISHED BUSINESS 7. $10,000 Appropriation — Bachelors Hall Volunteer Fire Department (Requires a Roll Call Vote) —Pages 41 -44 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Roll Call Vote Y N A Barber Snead Blackstock Bowman Hagerman Harville Barksdale (Roll Call Vote Y or N) 8. Electronic Participation of Meetings — 10 -Day Layover (Requires a Roll Call Vote) — Pages 45 -57 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Roll Call Vote Y N A Barber Snead Blackstock Bowman Hagerman Harville Barksdale (Roll Call Vote Y or N) 9. Community Policy and Management Team — Attendance Policy — Pages 58 -66 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale NEW BUSINESS 10. Recommendations from Legislative Committee — The Legislative Committee will meet on Monday, October 6, 2014 at 5:OOpm and any recommendations will be presented to the full Board. Pages — 68 -69 (a) Music Festivals (Tabled from September 16, 2014) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale (b) DMV Stop Payment Fines — Treasurer's Office Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale (c) Reimbursement for Responders Fees — Convictions in certain criminal offenses — David Pittman, Asst. Commonwealth Attorney Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale • - 1' Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 11. Fire and Rescue Study Request — Pages 70 -88 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 12. Staggered Terms — Draft Ordinance and Request for Public Hearing — Pages 89 -96 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 13. Resolution 2014- 09 -04: Industrial Maintenance — Southside Fund — Pages 97 -99 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 14. ResAlut,:Fin 104 A nn 05: A rnthor International; u,..,ear-eh P. Development Fund — TO BE REMOVED FROM AGENDA Pages 100 -104 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 15. Resolution 2014- 09 -06: Capps Shoes; Research & Development Fund — Pages 105 -108 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 16. Virginia Association of Counties — Voting Designee — Pages 109 -112 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 17. Expenditure Refunds — Requires a Motion and a 10 -Day Layover — Pages 113 -115 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 18. Section 125 Flexible Benefits Plan Agreement —Pages 116 -148 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 19. Harris Contract Amendment — Pages 149 -192 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 20. Request for Public Hearing: Dog Restricted Area: Pin Oak Lane; Carter Drive; Bowe Street — Pages 193 -203 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR (a) Code Compliance Monthly Reports — September 2014 — Page 207 (b) Building & Grounds Monthly Reports — September 2014 — Pages 208 -209 (c) Animal Control /Conservator of the Peace Monthly Reports — September 2014 — Pages 210 -211 CLOSED SESSION Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Enter Closed Session: Time 21. Discussion or consideration of the acquisition of real property for public purpose where the discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2- 3711(A)(3) of the Code of Virginia, 1950, as amended Subject Matter: Brosville Industrial Park Purpose: Consideration of Property Acquisition 22. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Authority: §2.2- 3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Duke Energy Coal Ash Spill Purpose: Consultation with Legal Counsel Employed or Retained by a Public Body Regarding Specific Legal Matters Requiring the Provision of Legal Advice by Such Counsel Return to Open Session: Time Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at a regular meeting of the Pittsylvania County Board of Supervisors on Monday, October 6, 2014, the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Motion from Board: ADJOURNMENT Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Time Adjourned: Vote Coy E. Harville Yes/No Tim R. Barber Yes/No James H. Snead Yes/No Elton W. Blackstock, Jr. Yes/No Brenda Bowman Yes/No Jerry A. Hagerman Yes/No Jessie L. Barksdale Yes/No Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Motion from Board: ADJOURNMENT Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Time Adjourned: TO BE ADDED P9 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: At -Large Appointment -Soil & Water Conservation 10 -01 -2014 Board of Directors SUBJECT/PROPOSAL/REQUEST: Request for Nominations STAFF CONTACT(S): Mr. Monday ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 4(a) INFORMATION: INFORMATION: /1/j BACKGROUND: The Pittsylvania County Soil & Water District has sent notification that it is currently preparing to fill its at- large appointment seat for the next four years. DISCUSSION: Currently Aubrey Pritchett fills this seat and the term will expire December 31, 2014. If the Pittsylvania County Board of Supervisors wishes to make a nomination to the Pittsylvania Soil & Water Conservation District (S WCD) Board of Directors for consideration of this seat, the nominee(s) must be submitted in writing to the Pittsylvania SWCD as soon as possible. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P10 PITTSYLVANIA SOIL & WATER CONSERVATION DISTRICT 19783 U.S. Highway 29, Suite F Chatham, Virginia 24531 (434) 432 -8146 Fax: (434) 432-2068 A Partnership to Conserve Natural Resources August 29, 2014 Mr. Clarence Monday Pittsylvania County Administrator P.O. Box 426 Chatham, VA 24531 Dear Mr. Monday: SEP i / 2014 The purpose of this letter is to notify the Pittsylvania County Board of Supervisors that the Pittsylvania Soil and Water Conservation District is preparing to fill its at -large appointment seat for the next four -year term. Aubrey Pritchett currently fills this seat, which will expire December 31, 2014. We offer the opportunity to the Board of Supervisors to make nominations in regards to this position to serve on our Board of Directors. If you would like to make any nominations, please submit, in writing, the nominated person or persons to our office as soon as possible. If you have any questions conceming this matter, please contact our District Manager, John Myers at (434) 432 -8146 Ext. 110. Sincerely, Bobby Wilkerson, Secretary Pittsylvania SWCD Cc: Jessie Barksdale, Chairperson Pittsylvania County Board of Supervisors Pit HEARING OF CITIZENS P12 CONSENT AGENDA PQ PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — National Breast Cancer Awareness Month SUBJECT/PROPOSAL/REQUEST: Proclamation STAFF CONTACT(S): Clarence Monday AGENDA DATE: 10 -06 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Proclamation ITEM NUMBER: 5(a) INFORMATION: INFORMATION: BACKGROUND: Every October citizens throughout the nation stand in solidarity with those battling breast cancer and those at risk for breast cancer. Annually, the Board of Supervisors adopts a proclamation deeming October as National Breast Cancer Month in Pittsylvania County. Attached hereto is the 2014 Proclamation on recognizing October as Breast Cancer Awareness Month in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and direct staff to forward a copy to the Danville Cancer Association, Inc, and all medial sources. P14 Vittopibania Q'Countp 38oarb of Ouperbiooro ,Proclamation National Breast CancerAwareness Month Whereas, every October is recognized as National Breast Cancer Awareness Month; and Whereas, breast cancer is a substantial public health problem in the United States and although mortality rates have fallen as knowledge about the disease has increased, the number of breast cancer cases diagnosed each year continues to rise ; and Whereas, it is estimated that by the end of 2014, in the United States, approximately 232,670 new cases of invasive breast cancer and 62,570 of in situ breast cancer are expected to occur among women; and 2,360 cases of invasive cancer are expected to occur among men; and Whereas, approximately 40, 000 U.S. women will die from breast cancer in 2014, and statistics show that of that national figure, approximately 10% will be women in Virginia; approximately 430 US. men will die from breast cancer in 2014, with approximately 3% of those deaths being men in Virginia; and Whereas, self- breast examinations and mammography are among the most effective and widely available methods of early detection of breast cancer; and Whereas, through new research and advocacy, significant advances have been made in the fight against breast cancer, including significant decreases in mortality; and Whereas, currently 61% of breast cancer are diagnosed as early stage localized breast cancer for which the five-year relative survival rate is 99%; and Whereas, as of January 2010 the 2.8 million breast cancer survivors living in the United States today are a testament of courage, as well as to the importance of promoting awareness about breast cancer, providing information, funding research, following recommended screening guidelines and offering treatment to those who are affected, and Whereas, the efforts of various organizations have made a major contribution to spreading breast cancer awareness to both women and men throughout all communities in Pittsylvania County through outreach, education and screening programs, and have empowered women with the life- saving message of early detection and the importance of having annual mammograms; and Whereas, screening rates can be improved, with a 2012 survey estimating that of the 1.7 million Virginia women who were age forty and above and had health insurance, nearly 19% had not received a mammogram screening in the preceding two years; and Whereas, throughout the month of October, organizations and health practitioners in Pittsylvania County are encouraged to use this opportunity to promote annual mammograms, and early detection of breast cancer; then Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors proclaims October as National Breast Cancer Month in Pittsylvania County, Virginia, and encourages citizens, government agencies, private businesses, nonprofit organizations, and all other interested groups to join in activities that will increase the awareness of what can be done to prevent breast cancer and to encourage the use of early detection methods. Given under my hand this day e day of October, 2014 Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors P15 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Ratify Resolution 2014 -10 -01 SUBJECT /PROPOSAL/REOUEST: Ratify Resolution STAFF CONTACT(S): Clarence Monday EXECUTIVE SUMMARY AGENDA DATE: 10 -06 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Resolution 2014 -10 -01 ITEM NUMBER: 5(b) INFORMATION: INFORMATION: BACKGROUND: On Saturday, October 4, 2014, Mr. and Mrs. Jack Miller held a gala celebrating the 50th anniversary of Miller Funeral Home, Inc. of Gretna, Virginia. In recognition of their achievement, Chairman Barksdale presented a resolution on behalf of the Board of Supervisors, congratulating Mr. and Mrs. Miller on their achievement. DISCUSSION: Attached hereto is a copy of Resolution 2014 -10 -01 that was presented to Mr. and Mrs. Miller at the gala held on October 4, 2014. RECOMMENDATION: Staff recommends that the Board of Supervisors ratify Resolution 2014- 10 -01. P16 VittopYtlanta County 38Darb of *uperbig ;org RESOLUTION 2014 -10 -01 WHEREAS, the Miller Funeral Home, Inc., of Gretna, VA, owned and operated by Jack and Bernice D. Miller, was established in September 1964. The guiding principles set forth in the business from the outset was to establish and maintain extraordinary high standards that could be clearly demonstrated by providing cost - effective and dignified service with sensitivity, professionalism, and confidentiality to area citizens; and WHEREAS, Jack Miller, a native of Pittsylvania County, was born in the Mt. Airy community. He graduated from Echols College of Mortuary Science in Philadelphia, PA. Mrs. Bernice Miller was born in the adjacent community of Campbell County. Bernice is also a licensed funeral director. She earned a B.S. degree from Howard University and taught at both Northside and Gretna high schools for a total of thirteen years. WHEREAS, the Miller Funeral Home, Inc. is a first generation business that began with the assistance of Jack Miller's father, the late James "Jim" Miller, who owned land in Pittsylvania County, Virginia. Jack Miller's father purchased a building on Route 40 east and allowed his son to utilize the building for five years; and WHEREAS, the building was later renovated and converted into a funeral home. Initially, the business operated as a partnership with Jack, his father -in -law, Joseph Dearing, and Lindbergh Younger. In 1970, the partnership dissolved and the business became a corporation; and WHEREAS, by 1971, the growth of the business dictated a need to expand. The Millers bought three and one -half acres of land on Zion Road and built a new facility that serves as the present location. The building was expanded in 1984 for a total of 11,000 square feet. It includes a chapel which seats 350; and WHEREAS, throughout the fifty -year history of their business, the Millers have played an integral role with respect to community service. Mrs. Bernice Miller served as Vice Chairwoman for the Pittsylvania County School Board. She also served as treasurer of the Gretna - Callands Voters League. In 2000, Jack Miller was appointed by Governor Jim Gilmore to the Virginia Board of Funeral Directors and Embalmers. He served from 2000 -2004; and WHEREAS, Jack and Bernice Miller have served communities throughout Pittsylvania County, and have been recognized for their dedication and commitment, as well as supporting and contributing to local organizations, school activities, and many other programs and events; then THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby recognize and congratulate Jack and Bernice Miller on the 501h anniversary of Miller Funeral Home, Inc., of Gretna, VA. BE IT FURTHER RESOLVED, that this resolution be presented to Mr. and Mrs. Jack Miller during their 501h Anniversary Gala event to be held on October 4, 2014. Given under my hand this 4`h day of October, 2014 P17 JJ ssiee, Chairman Pittsylvania County Board of Supervisors Clar Monday, Clerk Pittsylvania County Board of upervisors PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: 100`h Birthday Letters for Christine Wilkerson and Sally Oakes SUBJECT/PROPOSAL/REQUEST: Approval of Centenarian Letters STAFF CONTACT(S): Clarence Monday EXECUTIVE SUMMARY AGENDA DATE: 10 -06 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 5(c) INFORMATION: INFORMATION: Attached hereto are letters from the Board of Supervisors to be sent to Ms. Christine Wilkerson who celebrated her 100th birthday on September 24, 2014 and Ms. Sally Oakes who will celebrate her 100`h birthday on October 12, 2014. Staff recommends that the Board of Supervisors approve the letters sent to Ms. Christine Wilkerson and Ms. Sally Oakes and authorize Chairman Barksdale to sign on behalf of the Board of Supervisors, congratulating them on their 100 birthdays. P18 "141 ` \ 1767 r October 1, 2014 Ms. Christine Wilkerson 1029 Wilkerson Road Ringgold, VA 24586 Dear Ms. Wilkerson: Happy 100`h Birthday! On behalf of the Pittsylvania County Board of Supervisors, I would like to express my sincerest wishes on this memorable occasion. What a pleasure it is to share this important occasion with you. It is wonderful and remarkable that you have had the privilege of living through 100 years of events and milestones. As you think of all the living you have done along the way, I hope your heart is filled with happy, cherished memories. Congratulations on your birthday, and may you enjoy many more happy years as a centenarian. Sincerely, Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors P19 "4 O \ 17/7 ' October 1, 2014 Ms. Sally Oakes c/o Mr. David Oakes 9421 Franklin Turnpike Dry Fork, VA 24549 Dear Ms. Oakes: Happy 100th Birthday! On behalf of the Pittsylvania County Board of Supervisors, I would like to express my sincerest wishes on this memorable occasion. What a pleasure it is to share this important occasion with you. It is wonderful and remarkable that you have had the privilege of living through 100 years of events and milestones. As you think of all the living you have done along the way, I hope your heart is filled with happy, cherished memories. Congratulations on your birthday, and may you enjoy many more happy years as a centenarian. Sincerely, Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors P20 Regular Meeting September 2, 2014 Pittsylvania County Board of Supervisors Tuesday, September 2, 2014 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Su ervisors was P held on Tuesday, September 2, 2014 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Jessie L. Barksdale, Chairman, called the meeting to order at 7:01 p.m. The following members were present: Jessie L. Barksdale Tim R. Barber Coy E. Harville James H. Snead Banister District Tunstall District Westover District Dan River District Brenda H. Bowman Chatham - Blairs District Jerry A. Hagerman Callands- Gretna District Elton W. Blackstock Staunton River District Mr. Clarence C. Monday, County Administrator, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board were also present. Mr. Barksdale led the Pledge of Alliance. Approval of Aaenda Motion was made by Mr. Barber, seconded by Mr. Harville, to approve the agenda with the following addition: (a) Resolution 2014- 09 -03; Support of Diverse Agribusiness Mr. Barber's motion was unanimously approved by the Board. Hearing of the Citizens Acie Brumfield of the Callands- Gretna District submitted a petition signed by nineteen (19) residents in the subdivision of property owned by Elizabeth Boggs, 24099 U.S. Highway 29, in Gretna, Virginia concerning the current state of severe neglect and were concerned that they their property values were steadily decreasing. Mr. Brumfield stated that Ms. Boggs had left 26 months ago, abandoning the property. Mr. Brumfield asked, on the behalf of the subdivision property owners, if the Board of Supervisors would look into this matter. The Board respectfully stated that the County had no grass ordinance, and that perhaps their subdivision covenants had something within them to enforce property maintenance. Matthew Speck of the Staunton River District thanked the Board for their continued stand on the public prayer issue and then offered a word of prayer. Deborah Dix of the Chatham - Blairs District made comments opposing proposed Resolution 2014- 09 -03; Support of Diverse Agribusiness, mentioning the pollution of streams, waterways and land in other localities from certain types of agribusinesses. Phillip Lovelace of the Callands- Gretna District cautioned the Board of Supervisors on approving Resolution 2014- 09 -03; Support of Diverse Agribusiness, until the Agriculture & Forestry Industries Development Fund study was complete and the results made public. P21 Regular Meeting September 2, 2014 This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Snead, seconded by Mr. Barber, to approve the Consent Agenda. Consent Agenda: (a) Proclamation — National Teach Ag Day, September 25; 2014 (b) Purchase of Service Weapon (c) Minutes: August 4, 2014 — Regular Meeting August 19, 2014 — Special Call Meeting August 19, 2014 — Adjourned Meeting (d) Bill List August 2014 (Online) Mr. Snead's motion was unanimously approved by the Board. The Board of Supervisors presented Ms. Jessica Jones, Agricultural Science Educator/FFA Advisor at Chatham Middle School with the following resolution, thanking her and all educators like her, for teaching Agriculture in the Pittsylvania County Public Schools. Vittglbanfa Couutp 7701oarb of 6uperbiooro ,prortamatiou Teaching Ag. It's more than just a career ... It's a way of life. WHEREAS, over 12,000 secondary and post - secondary agricultural educators teach in over 7,500public middle schools and high schools in the United States; and WHEREAS, approximately one million students receive agricultural education in the United States; and WHEREAS, more than 500, 000 of these students are members of the National Future Farmers of America (FFA) Organization; and WHEREAS, more than 700 Ag teachers will retire over the next three years, while 100+ new Ag programs opened during the 2012 -2013 academic year, expanding the national teacher shortage in agricultural education, causing many agricultural education programs to suffers from lack of qualified teachers; and WHEREAS, The National Association for Agricultural Educations, on the behalf of the National Council for Agricultural Education, is organizing National Teach Ag Day on September 25, 2014 as one component for the National Teach Ag Campaign; and WHEREAS, the goal of National Teach Ag Day is to have every agricultural educator in America teaching a lesson to encourage their students to consider a career in agricultural education; and WHEREAS, Ag educators share their passion for agriculture by creating lessons that are hands - on, reaching students of all abilities and interests through diverse curriculum options and engaging P22 Regular Meeting September 2, 2014 delivery methods by working with new and emerging agriculture, food and natural resource technology; and WHEREAS, agricultural educators contribute a strong and effective education in public schools; and WHEREAS, a student's growth and future are positively impacted by the dedication and quality teaching of agricultural educators; then NOW, THEREFORE, BE IT PROCLAMED that the Pittsylvania County Board of Supervisors proclaims September 25, 2014 as National Teach Ag Day in Pittsylvania County, Virginia, and wishes to express their gratitude to the County's local agricultural educators for their dedication and contribution in agricultural education, and supports the goals and purposes of National Teach Ag Day. Presentations Mr. Gregory L. Sides, Assistant County Administrator for Planning & Development gave a brief update on economic development activity. Unfinished Business At their August 19, 2014 meeting a motion was made by Mr. Snead, seconded by Mr. Harville, to approve Twin Branch LP's request for reimbursement of Solid Waste Fees paid in the taxable year of 2013 totaling $5,040.00 and directed the Treasurer's Office to reimburse this amount to Twin Branch LP. The Board of Supervisors approved Mr. Snead's motion. The Honorable M. Kate Berger, Treasurer for Pittsylvania County, contacted the County Administrator's office after the Board's action to note that the County must also refund not only the Solid Waste Fee paid by Twin Branch L P, but also any penalty and interest paid as pursuant to §58.1 -3900. Refunds of local taxes erroneously paid, of the Code of Virginia, 1950, as amended, and of Sec. 6 -6 -2. Refund of Local Taxes Assessed and Paid in Error, of the Pittsylvania County Code. Motion was then made by Mr. Snead, seconded by Mr. Barber, to amend the Board's action of August 19, 2014, and authorize the Treasurer of Pittsylvania County to refund $5,636.58, which includes penalty and interest accrued on the $5,040, and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Snead's motion was unanimously approved by the Board. New Business At the August 19, 2014 meeting of the Board of Supervisors, a motion was made by Mr. Snead, seconded by Mr. Barber, to approve the appropriations total of $881,531.93 in 2014 carryovers, which required a 10 -Day Layover. Mr. Blackstock stated that he was in opposition of the $30,000 concerning the current animal facility, and the additional $105,000 for the Blairs water /sewer line, and felt both of these items needs to be referred back for discussion in the Finance Committee, and the animal facility money in the Animal Welfare Facility Committee also. Both committees met on September 2, 2014. Motion came from the Finance Committee to approve the appropriations, with the following recommendations: the $30,000.00 for the Animal Welfare Facility would be spent towards issuing an RFP for Feasibility Study. Also, in approving the additional $105,000.00 for the Blairs water /sewer line that total amount approved for the project would be $185,000 and the Board of Supervisors would direct staff to notify the Pittsylvania County Service Authority the Board's approval to spend up to $185,000 to extend water and sewer lines across US 29 near Toy Lane in Blairs. The County will reimburse for P23 Regular Meeting September 2, 2014 expenditures up to $185,000.00 once invoices have been received from the Service Authority. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. The Finance Committee's motion was unanimously approved by the Board. Motion came from the Animal Welfare Facility Committee to authorize the County Administrator to issue Requests For Proposals (RFP) for a feasibility study on a new animal welfare facility for Pittsylvania County, and to communicate to the Commonwealth of Virginia's Office of Animal Care and Health Policy on the County's intent for a long term strategy for the County's animal facility, which was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Ms. Bowman, to approve Resolution 2014- 09 -01, supporting Renan Volunteer Fire Department's application for designation as an EMS Agency, First Responder to the Virginia Department of Health, Office of Emergency Medical Services and approving their request to provide these services and their obtaining licensure from the VDH; Office of EMS, and authorized the County Administrator to sign any documentation necessary during Renan VFD's application process. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Blackstock's motion was unanimously approved by the Board. Vittgplbauia Countp -�Soarb of 6uperbi orb RESOLUTION 2014 -09 -01 RESOLUTION APPROVING THE APPLICATION OF STATE EMERGENCY MEDICAL SERVICES (EMS) LICENSING AND ESTABLISHING SUCH EMS FIRST RESPONDER RESPONSE SERVICE AREA At a regular meeting of the Board of Supervisors of the County of Pittsylvania, held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, September 2, 2014 at 7:00pm, the following resolution was presented and adopted: WHEREAS, Section 12 VAC5 -31 -420, Application for EMS Agency License, of the Virginia Emergency Medical Services Regulations, requires a resolution from the governing body of each locality where the agency maintains an office and stations an EMS vehicle for response within a locality confirming approval; and WHEREAS, the Renan Volunteer Fire Department is applying to the Virginia Department of Health, Office of Emergency Medical Services, for designation as an EMS Agency; First Response designation; and WHEREAS, the Pittsylvania County Board of Supervisors understands the importance of such service to the community and supports such approval of said application; and P24 Regular Meeting September 2, 2014 WHEREAS, the boundaries of service for the EMS First Responder Program shall parallel the Renan Volunteer Fire Department's already established fire response district, as depicted on the attached map; then NOW, THEREFORE, BE IT RESOLVED, the Pittsylvania County Board of Supervisors grants approval to the Renan Volunteer Fire Department to provide these services and obtain its agency license per approval of the Virginia Department of Health, Office of Emergency Medical Services. Motion was made by Mr. Harville, seconded by Mr. Blackstock, to approve the recommended EMS rate change recommended by the Emergency Medical Advisory Committee and set the effective date of the rate change for October 1, 2014, and authorized the County Administrator to send a notice to all non - participating agencies of this new rate change so they can change their rates accordingly with the County Code. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Harville's motion was unanimously approved by the Board. Previous EMS Rates Basic Live Support Services $400.00 Advanced Life Support Service 1 $550.00 Advanced Life Support Service 2 $700.00 Load Mileage Charges to Hospitals $10.00 New Approved EMS Rates $500.00 $650.00 $800.00 $14.00 per loaded mile Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Resolution 2014- 09-02, supporting the request to the Virginia Department of Conservation and Recreation (VDCR) that the 38.6 mile segment of the Dan River from the North Carolina state line to Halifax County to its confluence with Aarons Creek be designated as a Virginia Scenic River, conditioned on approval and support by the governing bodies of Halifax County and the Town of South Boston; and authorize the County Administrator to forward the resolution to the VDCR and legislative representatives, which was unanimously approved by the Board. Vittolbauia Couutp 36oarb of *uperbfs;org SCENIC RIVER DESIGNATION — DAN RIVER RESOLUTION 2014 -09 -02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors on Tuesday, September 02, 2014 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Virginia Scenic Rivers Program was enacted by the Virginia General Assembly in 1970 for the purpose of identification, protection, and preservation of certain rivers, or sections of rivers, which possess high quality natural beauty; and P25 Regular Meeting September 2, 2014 WHEREAS, the Virginia Department of Conservation and Recreation has been charged with administering the Scenic Rivers Program and developing an objective evaluation process to judge the suitability of river segments; and WHEREAS, elected officials and staff from Halifax County and the Town of South Boston requested that the Virginia Department of Conservation and Recreation evaluate the portion of the Dan River located within Halifax County and the Town of South Boston, including a very small portion located in Pittsylvania County, and determine its eligibility for Scenic River designation; and WHEREAS, the Virginia Department of Conservation and Recreation completed its evaluation and determined that the 38.6 mile segment of the Dan River under review was found to qualify as a Virginia Scenic River; then THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby support the designation of the 38.6 mile segment of the Dan River from the North Carolina state line in Halifax County to its confluence with Aarons Creek, including the small portion within Pittsylvania County, as a Virginia Scenic River, conditioned on approval and support by the governing bodies of Halifax County and the Town of South Boston; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that Pittsylvania County will contact our General Assembly representatives to request that they serve as patrons for the legislation that will codify the Scenic River designation. Mr. Monday explained the Pittsylvania County Public Library recently received notification from the Commonwealth of Virginia that Pittsylvania County would receive an additional $6,395.00 for a State Library Grant, and therefore that grant amount would need to be appropriated by the Board of Supervisors as follows: 250 -4- 073300 -3320 Service contracts $6.00 250 -4- 073300 -6012 Books & Subscriptions $6.389.00 TOTAL $6,395.00 Motion was made by Mr. Harville, seconded by Mr. Barber, to amend the State Library Grant budget and appropriate $6,395.00 to line items as presented by Mr. Monday. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock- Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the reappropriation of funds as follows: $7.74 to County Attorney - Office Supplies (100- 4- 012210- 6001), $199.67 to Clerk of Courts- Copier Lease (100 -4- 021600 - 60051), $1,073.95 to Sheriff- Parts (100 -4- 031200 - 6030), $1,324.90 to Sheriff -Labor (100 -4- 031200 - 6031), $5,194.73 to Sheriff Capital Outlay - Vehicles (100 -4- 031200- 8105), $668.57 to Building Inspections - Telephone (100 -4- 034000 - 5230), $625.00 to Building Inspections -Books & Subscriptions (100- 4- 034000 - 6012), $150.00 to Animal Control - Boarding of Animals (100 -4- 035100- 3174), $713.64 to Animal Control - Furniture & Fixtures (100 -4- 035100- 6003), $4,596.67 to E911- Emergency Contingencies (100 -4- 035500 - 583999), $260.00 to Library - Postage (100- 4- 073100- 5210), $20,816.34 to WIA -Other Operating (251 -4- 353853- 6014), $20,000 to Economic P26 Regular Meeting September 2, 2014 Development - Industrial Incentives (325 -4- 081500- 8222), $4,513.00 to Landfill- Repairs & Maintenance (520 -4- 082300 - 3310). This motion required a 10 -Day Layover. Added Items Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve Resolution 2014- 09 -03, supporting the continued efforts of the farming community and the County's Office of Agribusiness Development to encourage the diversification of farm enterprises. Mr. Hagerman made a motion, seconded by Ms. Bowman, to table the issue until having more time to respond and study to present and educate the public. Mr. Hagerman's motion failed by a 1 -6 motion of the Board, with Ms. Bowman, Mr. Harville, Mr. Barber, Mr. Snead, Mr. Blackstock and Mr. Barksdale in opposition. The main motion by Mr. Blackstock passed by a 6 -1 majority vote of the Board, with Mr. Hagerman in opposition. Pitto'plbania Countp 36oarb of 6uperbisor.5 RESOLUTION 2014 -09 -03 VIRGINIA: At a regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday, September 2, 2014, the following resolution was presented and adopted: WHEREAS, Pittsylvania County, as the largest landmass county in the Commonwealth of Virginia, is by nature a very rural county; and WHEREAS, farming and farm enterprises have historically been the root of the County's economic success; and WHEREAS, farming in the County generates nearly $1 billion dollars in economic impact and employs nearly 7,000 persons; and WHEREAS, the County's farmers and farming families are extremely successful in their enterprises; and WHEREAS, diversification in our agricultural enterprises today, reflects the rich history in farming and innovative agribusiness initiatives that collectively will produce the food and fiber for all Americans in the future; and WHEREAS, the County's geographic location, climatology, utility services, road and rail infrastructure, soils, and farmer expertise are uniquely poised to support new and emerging agriculture enterprises; and WHEREAS, the County Board of Supervisors has supported the farming community and our farming constituents in the past by signing numerous resolutions in favor of a multitude of agriculturally related projects; then P27 Regular Meeting September 2, 2014 BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County, Virginia, fully supports the continued efforts of the farming community and the County's Office of Agribusiness Development to encourage the diversification of our farm enterprises by engaging and soliciting integrated agriculture establishments, along with independent agribusinesses, in their future considerations for commercial development that benefits, promotes and enhances the health, safety, and general welfare of the citizens of Pittsylvania County. Board Announcements Ms. Bowman announced there would be a Legislative Committee meeting on Tuesday, September 16, 2014 at 5:00pm. Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board. The meeting ended at 8:35 pm. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors P28 Adjourned Meeting September 16, 2014 Pittsylvania County Board of Supervisors Tuesday, September 16, 2014 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 16, 2014 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Jessie L. Barksdale, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Jessie L. Barksdale Tim Barber Coy E. Harville James Snead Brenda H. Bowman Jerry A. Hagerman Elton W. Blackstock Banister District Tunstall District Westover District Dan River District Chatham - Blairs District Callands- Gretna District Staunton River District Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, Mr. Odie H. Shelton, Jr., Direct of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. The Pledge of Allegiance was led by Chairman Barksdale. Avvroval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the agenda, which was unanimously approved by the Board Hearing of the Citizens Jerome Adams from the Tunstall District, and representing the Cascade community, addressed the Board concerning the Cascade Road bridge replacement project. Mr. Adams stated the final phase of the replaced had been promised to commence in 2006. No road improvements or bridge replacement had begun and only now is just the bridge replacement being considered. Mr. Adams stated 13 years was a very long time to get a committed project stated. Rev. Hayward Alcone, Pastor of the Willis Memorial Church in the Tunstall District, also made comments concerning the Cascade Road bridge replacement project, and questioned the detour routes citizens would have to be taking that added 10 -12 miles one -way that would be out of the way, if they needed to go to Eden, NC, where many had doctors and other business appointments on a regular basis. Linda Dalton, member of the Board of Directors for the Danville - Pittsylvania Chamber of Commerce, and who serves on the Chamber's Legislative Committee, made comments strongly supporting the Board's consideration of moving toward staggered election terms. Richard Shumate of the Westover District thanked the Board on their stand with the prayer issue, offered a word of prayer, and then made comments opposing some of the Board's spending of money decisions, using the Hurt and Blairs water /sewer line extension projects as examples. P29 Adjourned Meeting September 16, 2014 Allan Roberts, Chief for the Bachelors Hall Volunteer Fire Department made comments concerning an anticipated $30,000 in start-up money his station expected to receive, but only received $20,000 and would like the Board to look into the matter. This concluded the Hearing of the Citizens Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the Consent Agenda, which was unanimously approved by the Board. (a) Proclamation — Fire Prevention Week; October 5 -11, 2014 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL FIRE PREVENTION WEEK October 5 -11, 2014 "WORKING SMOKE ALARMS SAVE LIVES: TEST YOURSEVERYMONTHl" WHEREAS, the County of Pittsylvania is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,300 people in the United States in 2012, according to the latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in the United States responded to more than 365,000 home fires; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, three out of five deaths result from fires in properties without working smoke alarms; and WHEREAS, in one -fifth of all homes with smoke alarms, none were working; and WHEREAS, when smoke alarms should have operated but did not do so it was usually because batteries were missing, disconnected, or dead; and WHEREAS, Pittsylvania County's residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home; and WHEREAS, Pittsylvania County's residents should install smoke alarms and alert devices that meet the needs of people who are deaf or hard of hearing; and WHEREAS, Pittsylvania County's residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, Pittsylvania County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the 2014 Fire Prevention Week theme, "Working Smoke Alarms Saves Lives: Test Yours Every Month!" effectively serves to remind us that we need working smoke alarms to give us the time to get out safely; then P30 Adjourned Meeting September 16, 2014 THEREFORE, the Pittsylvania County Board of Supervisors do hereby proclaim October 5 -11, 2014, as Fire Prevention Week throughout Pittsylvania County, and urge all the County's citizens to test their smoke alarms at least every month by pushing the test button, and to support the public safety activities and efforts of local fire and emergency services during Fire Prevention Week 2014. Public Hearings Rezoning Cases Case 1: Larry Edward Landrum & Janice J. Landrwn —Westover Election District: R-14-035 Mr. Barksdale opened the public hearing at 7:25pm. Mr. Shelton explained Glenn and Joanie Nations had petitioned to rezone 2.89 acres located off U.S. Highway 29 (on Landrum Road) in the Westover Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District (to make it possible for a second dwelling or pasture land). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Landrum was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:26pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R -14 -035 from R -1 to A -1 and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Harville's motion was unanimously approved by the Board. Case 2: HRE Holdings, LLC — Tunstall Election District: R -14 -036 Mr. Barksdale opened the public hearing at 7:28pm. Mr. Shelton explained HRE Holdings, LLC had petitioned to rezone 9.78 acres, located on U.S. Highway 41 /Franklin Turnpike, in the Tunstall Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District (to make the zoning consistent with the adjacent parcels of land zoned Apl and for future subdivision of the property). The Planning Commission, with no opposition, recommended granting the petitioners' request. John Hall, III was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:29pm. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve rezoning Case R -14 -036 from R- I to A -1 and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale - Yes. Mr. Barber's motion was unanimously approved by the Board. Case 3: Charles F. Sanders & Karen B. Sanders — Staunton River Election District: R -14- 037 Mr. Barksdale opened the public hearing at 7:29pm. Mr. Shelton explained that Charles & Karen Sanders had petitioned to rezone 5.26 acres, located on Reservoir View Drive, in the Staunton River Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District (to allow for construction of a second dwelling on the property). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Sanders was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:30pm. Motion was made by Mr. Blackstock, seconded by Mr. Snead, to approve rezoning Case R -14 -037 from R -1 to A -1 and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Blackstock's motion was unanimously approved by the Board. This concluded the Rezoning Cases. P31 Adjourned Meeting September 16, 2014 Public Hearings Public Hearing to receive citizen input on proposed amendments to Pittsylvania County Code ( "PCC ") Chapter 6, Finance and Taxation. Specifically, PCC § 6- 3.1.3, involving household goods exempt from taxation Mr. Barksdale opened the public hearing at 7:31pm. Mr. Monday explained the amendment to this section of the County Code was to incorporate changes as defined in §58.1 -3504, Code of Virginia, 1950, as amended. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:31pm. Motion was made by Ms. Bowman, seconded by Mr. Barber, to amend Chapter 6, Finance and Taxation, specifically, PCC § 6- 3.1.3, involving household goods exempt from taxation as advertised and presented. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Ms. Bowman's motion was unanimously approved by the Board. Public Hearing to receive citizen input on a proposed amendments to Pittsylvania County Code ( "PCC ") Chapter 6, Finance and Taxation. Specifically, PCC § 6- 12.1(C), involving land use revalidation form late filing fee. Mr. Barksdale opened the public hearing at 7:34pm. Mr. Monday explained that the purpose of the hearing was to amend Section 6 -12.1 (C) of the PCC, with a late filing fee of $100 per parcel of qualifying property; and amendments to the Land Use Revalidation Form 2, clarifying requirements and acceptable documentation for Land Use Revalidation. No one signed up to speak and Mr. Barksdale closed the hearing at 7:34pm. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve the amendments as advertised and presented and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Blackstock's motion was unanimously approved by the Board. This concluded the Public Hearings. Presentations Erik Johnston, the Virginia Association of Counties (VACo) Director of Government Affairs covering community development and planning, compensation and retirement, presented Pittsylvania County with the VACo 2014 Achievement Award, Environmental, for the County's submission of the "Tobacco Barns Preservation Project" as an entrant in the program's competition. Mr. Johnston stated there were 61 entrants and Pittsylvania Count was one of 18 award recipients. Ms. Sonja Ingram, Field Representative for Preservation Virginia made a brief presentation on how the project was started and completed. Amy Childress, Comprehensive Services Act (CSA) Coordinator for Pittsylvania County, give the CSA quarterly report and Community Policy and Management Team (CPMT) meeting attendance records for the same quarter. After reviewing there were some CPMT members out of compliance with 75% attendance of meetings requirement in Resolution 2014- 03 -01, motion was made by Mr. Blackstock, seconded by Mr. Snead, for the County Administrator to contact members in question on their attendance and make any adjustments needed to correct this issue, and to report back to the Board on this matter, which was unanimously approved by the Board. Motion was then made by Mr. Barber, seconded by Mr. Snead, to accept mitigating circumstances from CPMT members in question on the 75% attendance of meetings requirements, which the Board passed by a 6 -1 majority vote, with Mr. Harville opposing. P32 Adjourned Meeting September 16, 2014 Unfinished Business At their September 2, 2014 meeting, a motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the reappropriation of funds as follows: $7.74 to County Attorney - Office Supplies (100 -4- 012210 - 6001), $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600 - 60051), $1,073.95 to Sheriff -Parts (100 -4- 031200 - 6030), $1,324.90 to Sheriff -Labor (100- 4- 031200- 6031), $5,194.73 to Sheriff - Capital Outlay- Vehicles (100 -4- 031200 - 8105), $668.57 to Building Inspections - Telephone (100 -4- 034000 - 5230), $625.00 to Building Inspections -Books & Subscriptions (100 -4- 034000- 6012), $150.00 to Animal Control- Boarding of Animals (100 -4- 035100-3174), $713.64 to Animal Control - Furniture & Fixtures (100 -4- 035100- 6003), $4,596.67 to E911- Emergency Contingencies (100 -4- 035500 - 583999), $260.00 to Library - Postage (100 -4- 073100 - 5210), $20,816.34 to WIA -Other Operating (251 -4- 353853- 6014), $20,000 to Economic Development - Industrial Incentives (325 -4- 081500- 8222), $4,513.00 to Landfill- Repairs & Maintenance (520 -4- 082300 - 3310). This motion required a 10 -Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale -Yes. Mr. Barber's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Ms. Bowman, to authorize the Pittsylvania County Service Authority to spend up to $185,000.00 to extend water and sewer lines across US 29 near Toy Lane in Blairs. The County will reimburse for expenditures up to $185,000.00 once invoices have been received from the Service Authority. The Board unanimously approved Mr. Harville's motion. New Business Motion came from the Legislative Committee seconded by Mr. Hagerman, to consider a Board of Supervisors' By -Law amendment that would allow electronic participation of meetings by Board members under §2.2- 3708.1 of the Code of Virginia, 1950, as amended. Per the By- Laws, this motion/issue required a 10 -Day Layover. Motion came from the Legislative Committee, which the Board of Supervisors unanimously approved, directing staff to draft a proposed amendment to Section 8 -4.1 of the Pittsylvania County Code authorizing the election of Board members via staggered terms. The Board additionally approved and directed staff to draft a proposed revision to the Board's By- Laws, Section 1. 1, authorizing the same. Motion was made by Mr. Snead, seconded by Mr. Harville, to award a sole source upgrade and issue a purchase order to INTRADO in the amount of $129,560.89 for upgrades to the 911 phone equipment, noting that all funding is in place for this upgrade, which was unanimously approved by the Board. Greg Sides, Assistant County Administrator for Planning & Development, briefed the Board on 3 Tobacco Commission grant applications that were being prepared for submittal and advised the Board he would be submitting resolutions for the Board's consideration at their October 6, 2014 meeting that were requirements of the application process. Board Announcements Ms. Bowman stated there would be a Beautification Committee meeting on September 18, 2014 and reminded everyone that October was Fall Clean -Up Month in Pittsylvania County. P33 Adjourned Meeting September 16, 2014 Mr. Harville brought up Chief Robert's earlier comments about there being a shortage of $10,000.00 in the start-up funding issued to the Bachelors Hall Volunteer Fire Department and made a motion to appropriate the $10,000, which was seconded by Mr. Barber. This motion required a I O -Day Layover. Closed Session Motion was made by Mr. Harville, seconded by Mr. Snead, to enter into Closed Session for the following: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Authority: §2.2- 3711(A)(5) of the Code of Virginia, 1950, as amended Subject: Unannounced Business Industry Purpose: Update on Unannounced Active Business /Industry Projects & Inquiries Mr. Harville's motion was unanimously approved by the Board and they entered into Closed Session at 8:44pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to re -enter into Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at an Adjourned Meeting of the Pittsylvania County Board of Supervisors on Tuesday, September 16, 2014, the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Coy E. Harville Yes Tim R. Barber Yes James H. Snead Yes Brenda Bowman Yes Elton W. Blackstock Yes Jerry A. Hagerman Yes Jessie L. Barksdale Yes The Board unanimously approved Mr. Harville's motion to return to Open Session. The Board returned to Open Session at 9:17pm. Adiournment Motion was made by Mr. Barber, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:17pm. P34 Economic Development Strategic Planning Session September 30, 2014 Pittsylvania County Board of Supervisors Tuesday, September 30, 2014 Economic Development Strategic Planning Session VIRGINIA: The Special Session of the Pittsylvania County Board of Supervisors was held on Tuesday, September 30, 2014 at the Historic Research Center and Library (former Depot) at 340 Whitehead Street in Chatham, Virginia. Jessie L. Barksdale, Chairman, called the meeting to order at 6:03 p.m. The following members were present: Jessie L. Barksdale Coy E. Harville James H. Snead Brenda H. Bowman Jerry A. Hagerman Elton W. Blackstock Tim R. Barber Banister District - Present Westover District - Absent Dan River District - Present Chatham- Blairs District - Present Callands- Gretna District - Present Staunton River District - Present Tunstall District - Absent Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attomey, Mr. Otis S. Hawker, Assistant County Administrator of Operations, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Approval of AEenda Motion was made by Mr. Blackstock, seconded by Mr. Snead, to approve the agenda, which was unanimously with the exception of Mr. Harville and Mr. Barber who were absent. Work Session Dr. Martha Walker, Ph.D., Extension Specialist on Community Viability, Virginia Cooperative Extension of the Virginia Tech Department of Agriculture and Applied Economics, briefly covered the 2014 economic development questionnaire responses previously sent to the Board. Dr. Walker then covered a session on the benefits of strategic economic development planning. Mr. Monday gave a PowerPoint presentation on Why County Government Exists. Dr. Walker then covered a report from the Virginia Employment Commission (VEC) called Community Profile (of Pittsylvania County) which covered the demographic, economic, and education prolife information of Pittsylvania County gathered by the VEC. Mr. Joe Bonanno, Regional Planner for the West Piedmont Planning Commission gave a PowerPoint presentation entitled "Where We Are As A Community ". Dr. Walker discussed with the Board and staff members the importance of identifying statements for the County, defining the County's strengths and challenges, and developing a vision for economic development, engaging the group for ideas and thoughts on each topic. P35 Economic Development Strategic Planning Session September 30, 2014 Adjournment Motion was made by Mr. Snead, seconded by Mr. Hagerman, to adjourn, which was unanimously approved by the Board, with the exception of Mr. Harville and Mr. Barber who were absent. The meeting adjourned at 9:16pm. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors P36 PRESENTATIONS P37 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Parks and Recreation Update SUBJECT/PROPOSAL/REOUEST: Presentation STAFF CONTACT(S): Mr. Monday; Mr. Moore AGENDA DATE: 10/6/2014 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 6 INFORMATION: INFORMATION: BACKGROUND: Parks and Recreation Director will review the department's progress to date and discuss the vision going forward. DISCUSSION: Power Point presentation by Mark Moore, Director of Parks and Recreation. RECOMMENDATION: Staff submits this for the Board of Supervisors review and consideration. P38 pl •rr as �s ^ PITTSYLVANIA COUNTY SCHOOLS P.O. Box 232.39 Bank Street S.E. • Chatham, Virginia 24531 September 15, 2014 Mr. Clarence Monday County Administrator Pittsylvania County P. O. Box 426 Chatham, VA 24531 Dear Mr. Monday: Mr. James E. McDaniel Division Saperiniendenl HIECIEUIVED SEP 1 6 2014 This letter is in support of the "park" project being presented by Mr. Mark Moore, Director of Parks and Recreation, to the Pittsylvania County Board of Supervisors. It includes constructing walking trails, picnic shelters and playgrounds at Chatham Middle School, Dan River Middle School and Tunstall Middle School. Also, two (2) ball fields will be constructed at Gretna Middle School. At its February 11, 2014, meeting, the Pittsylvania County School Board unanimously approved, in concept, the request for special projects submitted by Mr. Moore. However, it was noted that any other items relative to this initiative be brought back to the Board at a later date for approval. On behalf of the Pittsylvania County School Board, may I offer support of Mr. Moore's initiative without reservation and request your consideration. Should you have questions, please contact me at (434) 432 -2761, ext. 5001. Respectfully, James E. McDaniel Division Superintendent C: Mr. Mark Moore, Director of Parks and Recreation TELEPHONE NUMBERS: (434) 432 -2761 • (434) 793 -1624 (Danville) . (434) 656 -6248 (Gretna) • FAX (434) 432 -9660 P39 UNFINISHED BUSINESS P40 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Funds — Bachelors Hall Volunteer Fire Department (BHVFD) SUBJECUPROPOSAL/REOUEST: Funding Request STAFF CONTACT(S): Mr. Monday AGENDA DATE: 10/06/2014 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 7 INFORMATION: INFORMATION: BACKGROUND: At the September 16, 2014 Board of Supervisors meeting, Chief Allen Roberts requested assistance from the Board in receiveing "the remaining $10,000.00 for EMS Transport Start-up costs." The Board duly motioned and seconded, the request to initiate the 10 -Day Layover period and directed the County Administrator to review this matter and report back at the next meeting. DISCUSSION: On October 30, 2013, the Fire & Rescue Association unanimously voted to endorse BHVFD to become an EMS transport agency. Subsequesntly, the matter was forwarded to the Board of Supervisors. Following a public hearing, the County Code was amended on November 19, 2013, and thus added BHVFD as a recognized EMS transport agency. Funding was not part of that action. Per Steve Finkner, President of the Fire & Rescue Association, the funding policy includes $20,000.00 for EMS start-up and up to another $30,000.00 for station construction/renovation. Funding was provided to the BHVFD as follows: 08 -29 -2014 - $20,000.00 for EMS start-up 09 -04 -2014 — Four (4) draws totaling $30,000.00 for station construction (not $20,000.00) Per Chief Roberts, he understood that the department had been approved to receive $30,000.00 for EMS start-up based on the line item budget for FY2013 -14, the line item reading "EMS Transport Start-up Bachel." After researching the matter, this was the label descrbing the line item, and in no minutes, correspondence, no official records reflect approval of amounts above and beyond the County's recent practices. If the line item was intended to be for EMS start-up, $20,000.00 would have been in the account based on past practices and current policy. The Association has no $10,000.00 contingency that can be tapped for the additional $10,000.00. This was explained to Chief Roberts by the County Administrator. P41 Chief Roberts affirmed the department has been expecting $60,000.00 and the $50,000.00 paid will leave the department in a hardship situation. The County Administrator suggested a letter from the department stating why the County should exceed its normal policy and how the department is affected financially by the $10,000.00 difference. After reviewing policies and past practices, and facts gathered, it appears these expenditures have been disbursed precisely and fairly. RECOMMENDATION: Staff recommends tabling the matter until Bachelors Hall Volunteer Fire Department can demonstrate financial hardship objectively, with supporting figures in a statement of financial position. P42 SEP -30 -2014 20:08 FP.OM:BHUFD 4346 051653 TO:4327746 P.112 Bachelors Hall Volunteer Fire Department, Inc. Commitment — Loyalty — Bravery — Honor 1301 Berry Hill Rd. Danville, VA 24541 -9758 Business Number: (434) 685 -3820 www.bhvfd.net Emergency Calls: Dial 911 September 30, 2014 Board of Supervisors Pittsylvania County, Virginia Post Office Box 426 Chatham, VA 24531 To the Honorable Members of the Board: This letter is submitted with regard to an anticipated allocation of $30K through the Pittsylvania County Fire Association for startup costs related to our starting EMS — ALS Transport services. There appears to have been an unfortunate misunderstanding regarding this allocation, and while we have no desire to lay blame for a purely human event, we do find it necessary to clarify our position with regard to the extraordinary hardship that this event has caused our agency. In the original budget as presented in verbal discussion at the Association, we were informed that an allocation of $30K had been set aside to be awarded to us for this project. Subsequent discussion with multiple other fire chiefs present at the meeting confirmed their understanding of the same figure. However, at some point thereafter, there seems to have been a clerical error with regard to the allocation, as we were later informed that the allocation was for $20K and that the initial amount had been stated in error. We fully acknowledge that such an event may well be the result of honest intentions coupled with human fallibility. However, this Department relied in good faith on the initial allocation quoted to us in an open forum, and the subsequent loss of $10K represents an untenable burden on a tiny agency with an annual operating budget of barely over $50K. We simply have no way to absorb such a loss. The situation is particularly dire, given that upon our assuming responsibility for EMS transport within our service area, the Danville Life Saving Crew will not only discontinue EMS transport but will also cease to provide vehicle crash extrication assistance. Although this agency does have personnel trained in extrication, we have only just begun to be able to assemble the necessary equipment to outfit a crash rescue truck. As you know, a great deal of passenger and truck traffic runs through our coverage area, Including large sections of US -58 Business, the US- 58 Bypass, and the newly designated US-301 corridor. We are also close to the junction of US- 58 with US -29, a major hub for north -south traffic to interchange with east -west traffic. This P43 SEP -30 -2014 20:09 FROM:BHVFD 4346851653 T0:4327746 P.2,2 Interchange is one of the busiest transportation hubs for Southside Virginia, and it will only get busier with the future completion of the 1.785 Corridor, Given that level of vehicular traffic, crashes constitute the major share of this agency's emergency calls. New vehicle systems make vehicle occupants safer, but make extrication exponentially more dangerous for responders. At the same time, the probability of survival for crash victims exponentially decreases as the extrication and transport time approaches or exceeds one hour. We urgently need to equip our volunteers with the tools, equipment, and life safety gear to handle this extraordinary new challenge. Surely then, it is clear that a shortfall of ten thousand dollars is an additional hardship to this Department that would very seriously jeopardize the safety and welfare of not only the residents of our coverage area, but indeed the welfare of a large percentage of your constituents in this County who utilize these major arterial highways. We are proud of the more than fifty years of dedicated service provided by the volunteers of this agency to the citizens of Pittsylvania County — services that are provided at a great cost savings to local government compared to the cost of operating fully staffed, pald squads throughout the area. Because of these facts, we respectfully submit this urgent request for reconsideration and seek the kind assistance of the Board In remedying this situation by providing the full amount of funding that we have relied upon in our budgeting. Thank you for the opportunity to bring this matter before the Board for consideration. We appreciate your timely assistance and intervention in this critical life safety matter. Very sincerely, For the BACHELORS HALL VOLUNTEER FIRE DEPARTMENT, INCORPORATED: J. Allen Roberts LT. M, herry Fire Chief Development and Public Information Officer P44 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Electronic Participation of Meetings SUBJECT/PROPOSAL/REQUEST: Electronic Participation of Meetings — 10 -Day Layover STAFF CONTACT(S): Mr. Monday AGENDA DATE: 10 -06 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 8 INFORMATION: INFORMATION: ATTACHMENTS: (1) Proposed By -Law amendment Section 2.15; Remote Participation in Board Meeting (2) §2.2- 3708.1 of the Code of Virginia, 1950, as amended BACKGROUND: At their September 16, 2014 meeting, a motion came from the Legislative Committee, seconded by Mr. Hagerman, to consider a Board of Supervisors' By -Law amendment that would allow electronic participation of meetings by Board members under §2.2- 3708.1 of the Code of Virginia, 1950, as amended. Per the By -Laws, this motion/issue required a 10 -Day Layover that has now been met. DISCUSSION: Please see attached proposed revision to the Board's By -Laws adding a new Section 2.15 authorizing the remote participation in Board meetings. RECOMMENDATION: For the Board's consideration and potential adoption. P45 BY -LAWS. RULES OF PROCEDURE, AND STANDARDS OF CONDUCT OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY. VIRGINIA (B.S.M. 2/02/04, 4/15/08, 2/02/09, 2/01/10, 4/20/10, 9/20/11, 6/19/12, 2/4/13, 7/01/13, PURPOSE: To establish and set forth certain rules to provide for the orderly conduct of County business, to prescribe the manner and procedure by which the Board of Supervisors shall conduct matters of business, and to provide for the efficient handling thereof. GENERAL: The term "Board of Supervisors" shall also be understood to mean "the Board" wherein it appears. ARTICLE I. Election, Composition, and Function of the Board. I.I. The Board shall be composed of seven (7) members who shall be elected by the qualified voters of the County; one (1) member shall be elected from each of the seven (7) election districts for a concurrent term of four (4) years. 1.2. At the first regular meeting of the Board in January each year, there shall be elected a chairman to serve for a period of one (1) year expiring on December 31st, or until replaced by the Board membership. The County Administrator, serving as temporary Chairman, shall take nominations. Nominations require a second, and the vote will be taken in the order the nominations are made. A majority vote is required; a majority shall mean four (4) votes. It shall be the Chairman's duty to preside at all Board meetings, to maintain the orderly conduct thereof, and rule on all matters of parliamentary procedure. He shall sign all voucher warrants of the County; and when the Board is not in session, he shall provide policy guidance to the County Administrator and the County Attorney. The Chairman shall continue to be a voting member of the Board. 1.3. The Board shall also elect a Vice - Chairman to serve a concurrent term with the Chairman. In absence or incapacity of the Chairman, the Vice - Chairman shall assume all the duties and functions of the Chairman. In the case where the Chairman and Vice Chairman are absent from a meeting, the members present shall choose one of their number as temporary Chairman. 1.4. The Board shall have both administrative and legislative responsibilities, some of which shall be discharged in their role as governing body and some of which they derive as an administrative political subdivision of the Commonwealth. The powers and duties of the Board shall include, but not be limited to, the following: preparation and adoption of the County Budget, levying of taxes, appropriating funds, constructing and maintaining County buildings, making and enforcing ordinances, providing for the general health safety and welfare of the Page 1 of 11 P46 EXHIBIT public, and generally exercising all other powers and functions normally attributed to government and permitted by the Laws of the Commonwealth. ARTICLE I1. Meetings. 2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at 7:00 p.m. for the purpose of discharging their administrative and legislative responsibilities. 2.2. All such meetings shall be open to the public and shall be conducted in an orderly fashion with "Robert's Rules of Order" modified by State Law, being used as the parliamentary procedure. 2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of the Board and shall, when so directed by the Chairman, expel any person or persons from such meetings. 2.4. For the purpose of address and order, the Board and its staff shall sit in front of the "public rail" in the Courtroom and all other persons shall sit behind the "public rail ". 2.5. Agendas shall be prepared by the Board's staff and used at all meetings. All items requested to be placed on the agenda shall be submitted in writing to the County Administrator five (5) working days before the meeting; however, members of the Board of Supervisors may make oral requests. Any items received after that time shall appear on the next regular meeting agenda unless all members of the Board are present and by a unanimous vote to place such items upon the agenda. 2.6. The order of business at all regular meetings of the Board shall be as follows. No additional items of business shall be considered after the agenda is approved. Call to Order Moment of Silence and/or Silent Prayer Roll Call Pledge of Allegiance Items to be Added to the Agenda Approval of Agenda Consent Agenda Public Hearing (if any) Presentations/Recognitions Hearing of Citizens Unfinished Business New Business Appointments Reports from Board Members Reports from Officers and Committees Reports from County Attorney Reports from County Administrator Page 2 of 11 Pal Closed Meeting (if needed) Adjournment 2.7. All presentations to the Board shall normally be limited to no more than ten (10) minutes, except as herein provided. 2.8. Public hearings shall be conducted as follows and any person wishing to address the Board shall do so in this manner: Each person addressing the Board 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; 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. No person shall be permitted to address the Board more than once on the same subject in any one (1) meeting, but may also address the Board once on more than one (1) subject. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a member of the Board, without first being recognized by the Chairman. No question shall be asked a Board member except through the Chairman. 2.8.1. Hearing of Citizens shall be identified on the agenda of regular meetings of the Board of Supervisors. Each person addressing the Board shall be a resident or land owner of Pittsylvania 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. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speaker's allotted time. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a member of the Board, without first being recognized by the Chairman. No question shall be asked a Board member except through the Chairman. 2.9. The Board may from time -to -time hold special, adjourned, and informational meetings in accordance with the laws of the Commonwealth. 2.10. Each oral motion or resolution shall be taken down by the Deputy Clerk or Chairman and read back to the whole Board by the Deputy Clerk or the Chairman before any vote is taken. 2.11. Matters presented by the Board are generally used for individual Board members to share information with other members of the Board and the public. Prior to the agenda being prepared, a member of the Board may contact the Clerk or Deputy Clerk and have an item included under this heading. The County Administrator shall prepare an Executive summary which will inform other members of the Board of the particulars pertaining to this item. Page 3 of 11 P48 2.12. Closed Meetings of the Board shall be requested in the same manner as prescribed in Section 2.5, or by a motion to suspend the rules carried by a majority of the Board; provided all Board members are present. 2.13. Quorum and Method of Voting At any meeting a majority of the supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a viva voce vote of a majority of the supervisors voting on any such question, unless otherwise provided by law. The name of each member voting and how he or she voted must be recorded. The Board of Supervisors has elected not to have a tie breaker as provided for by the Code of Virginia, and a tie vote on any motion shall be considered defeated as provided for in Section 15.2 -1420 of the Code of Virginia, 1950, as amended. Each member present when a question is put shall vote "yes" or "no." No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his own financial interests are involved or where he may have a conflict of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code of Virginia, Section 2.2 -3100, 1950, as amended). 2.14. Procedure for Roll Call for Board Members (1) The Members of the Board shall cast votes in district order on a rotating basis (2) The Chairman of the Board of Supervisors shall cast the last vote. 2.15. Remote Participation in Board Meeting As authorized by § 2.2- 3708.1 of the Code of Virginia, 1950, as amended, the Board of Supervisors of Pittsylvania County, Virginia, shall allow the participation of members of the Board in a meeting through electronic communication means from a remote location that is not open to the public subject to complying with all parts of the following written policy: 1. On or before the day of a meeting, the Supervisor shall notify the Board Chairman that the Supervisor is unable to attend the meeting due to an emergency or a personal matter and the Supervisor shall identify with specificity the nature of the emergency or personal matter, or the Supervisor shall notify the Board Chairman that the Supervisor is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the Supervisor's physical attendance. The Board shall record the specific nature of the emergency, personal matter, or fact of temporary or permanent disability, and the remote location from which the absent Supervisor participated in its minutes. 2. If the absent Supervisor's remote participation is disapproved because such participation would violate the strict and uniform application of this written policy, such disapproval shall be recorded in the Board's minutes. Page 4 of 11 P49 I Such participation by the absent Supervisor shall be limited in each calendar year to two (2) meetings, or 25 percent (25 %) of the meetings of the Board, whichever is fewer. 4. A quorum of the Board shall be physically assembled at the primary or central meeting location. 5. The Board shall make arrangements for the voice of the absent Supervisor to be heard by all persons in attendance at the primary or central meeting location. Article Ill. County Administrator. 3. 1. The Board may appoint a County Administrator who shall serve at the pleasure of the Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of the County and shall perform his/her duties in accordance with the laws of the commonwealth and the policies of the County as established by the Board in regular or special session for that purpose. When the Board is not in session, the County Administrator shall receive guidance concerning policy from the Chairman, and in his absence, the Vice - Chairman. 3.2. The County Administrator shall be in complete charge of personnel of the County and shall, in accordance with established policy, hire and fire. Any action of the County Administrator concerning dismissal of personnel is subject to review by the Board and can be reversed by two - thirds vote of the Board. Such review shall be limited to charges of discrimination and failure to follow personnel policies on the part of the Administrator in the conduct of dismissal. 3.3. The County Administrator shall serve as the purchasing agent for the County as defined by Chapter 26- ,Section 2, of the Pittsylvania County Code. 3.4. He shall have charge of the administration of the financial affairs of the County and to that end shall have authority and be required to: (a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and capital budgets. (b) Supervise and control all encumbrances, expenditures, and disbursements to insure that budget appropriations are not exceeded; and keep the Board of Supervisors advised as to the financial needs of the County. (c) Require at such intervals as he may deem expedient or as instructed by the Board of Supervisors, report of receipts from each of the departments, boards, commissions, agencies, and he may prescribe the times at, and the manner in which, money is received by them shall be paid to the County Treasurer or deposited subject to modifications as prescribed and set forth in the general laws of the Commonwealth of Virginia. Examine all contracts, purchase orders, and other documents, which create financial obligations against the County, and approve the same only upon ascertaining that money has been Page 5 of 11 P50 appropriated and allotted therefore, subject, however, to the provision that the Board of Supervisors may in its discretion and judgment, amend, modify, and alter this requirement to meet a specific need or requirement of a particular piece of legislation approved by the Board of Supervisors. ARTICLE IV. Standing Committees. 4.1. The Standing Committees of the Board shall be as follows: (a) Finance/Insurance: To aid and advise in the preparation on the County Budget and make recommendations concerning Fiscal Policy. (b) Personnel: To review policies and practices and make recommendations regarding the same. (c) Property /Building: To view buildings and grounds and make recommendations regarding the same. (d) Legislative Committee: The Legislative Committee, in collaboration with the County Attorney, shall review, propose changes, and maintain current revisions to the Bylaws, Rules of Order and Standards of Conduct of the Pittsylvania County Board of Supervisors; review, propose changes and maintain current revisions to the Pittsylvania County Board of Supervisors Policies and Procedures Manual; and review, propose changes, set public hearings for any proposed changes, and maintain current revisions to the Pittsylvania County Codes and Compliances. 4.2. Membership to the above - committees shall be appointed by the Board Chairman from the membership of the Board and may include citizen membership. Any appointment so made shall be for a specific term of office as determined by the Chairman. 4.3. The Board may, from time -to -time, direct that the Chairman appoint committees for a specific purpose with a limited duration. 4.4. The Chairman shall be authorized to temporarily participate, including voting, in any committee of the Board of Supervisors for the purpose of creating a quorum and/or taking action. ARTICLE V. Certain Ordinances and Resolutions to Lie Over. 5.1. No ordinance or resolution imposing taxes or appropriating money from general fund balances, not included in the adopted budget, in excess of $5,000, shall be passed until after ten (10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal, or other funds not in the current General Fund balances. ARTICLE VI. Recordation of Ordinances and Resolutions. 6.1. Every resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signature of the presiding officer and the County Administrator. Page 6 of 11 1351 6.2. Every resolution shall be authenticated and recorded in the same manner as in 7.1- above. 6.3. Every motion appropriating funds or adopting an ordinance shall be by roll call vote. 6.4. Every ordinance passed by the Board of Supervisors shall be incorporated into the Pittsylvania County Code. ARTICLE VII. Standards of Conduct. Preamble The citizens and businesses of Pittsylvania County, Virginia, are entitled to have fair, ethical, and accountable local government, which has earned the public's full confidence for integrity. The effective functioning of democratic government requires that public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; that public officials be independent, impartial, and fair in their judgment and actions; that public office be used for the public good, not for personal gain; and that public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the Pittsylvania County Board of Supervisors has adopted this Standards of Conduct for members of the Board and of the County's boards, commissions, and committees, to assure public confidence in the integrity of local government and its effective and fair operation. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Pittsylvania County and not for any private or personal interest, and they will assure fair and equitable treatment of all persons, claims, and transactions coming before the Pittsylvania County Board of Supervisors, boards, commissions, and committees. 2. Comply with the Law Members shall comply with the laws of the nation, the Commonwealth of Virginia, and the County of Pittsylvania, Virginia, in the performance of their public duties. These laws include, but are not limited to: the United States and Virginia constitutions; the Code of the County of Pittsylvania, Virginia; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and County ordinances and policies. 3. Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or Page 7 of 11 P52 verbal attacks upon the character or motives of other members of the Board of Supervisors, boards, commissions, and committees, the staff or public. 4. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the Board of Supervisors and boards, committees, and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Board of Supervisors by County staff. 5. Conduct of Public Meetings Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 7. Communication Members shall publicly share substantive information that is relevant to a matter under consideration by the Board of Supervisors or boards, committees, and commissions, which they may have received from sources outside of the public decision - making process. 8. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest and shall disclose any substantial organizational responsibility or personal or business relationship to the parties in any matter coming before them. This paragraph is not intended to unduly restrict members who have minor business or professional dealings with clients whose matters come before them. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision - making where conflicts may exist. 9. Gifts and Favors A member should never accept for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties. 10. Confidential Information Page 8 of 11 Psi Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the County. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 11. Use of Public Resources Members shall not use public resources that are not available to the public in general, such as County staff time, equipment, supplies, or facilities, for private gain or personal purposes. 12. Representation of Private Interests In keeping with their role as stewards of the public interest, members of the Board shall not appear on behalf of the private interests of third parties before the Board of Supervisors or any board, committee, commission, or proceeding of the County, nor shall members of boards, committees, or commissions appear before their own bodies or before the Board of Supervisors on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy Members shall represent the official policies or positions of the Board of Supervisors, boards, commissions, or committees to the best of their ability when designated as delegates for this purpose. When representing their individual opinions and positions, members shall explicitly state they do not represent their body or Pittsylvania County, nor will they allow the inference that they do. 14. Policy Role of Members The Board of Supervisors determines the policies of the County with the advice, information, and analysis provided by the public, boards, commissions, and committees, and County staff. The Board of Supervisors delegates authority for the administration of the County to the County Administrator. Members, therefore, shall not interfere with the administrative functions of the County or the professional duties of County staff, nor shall they impair the ability of staff to implement Board policy decisions. Inquiries to staff shall be made through the County Administrator or the appropriate department manager or director. 15. Independence of Board and Commissions Because of the value of the independent advice of boards, committees, and commissions to the public decision - making process, members of the Board of Supervisors shall refrain from using their positions to unduly influence the deliberations or outcomes of board, committee, or commission proceedings. 16. Positive Work Place Environment Page 9 of 11 P54 Members shall support the maintenance of a positive and constructive workplace environment for County employees and for citizens and businesses dealing with the County. Members shall recognize their special role in dealings with County employees and in no way create the perception of inappropriate direction to staff. 17. Implementation As an expression of the standards of conduct for members expected by the County, the Pittsylvania County Standards of Conduct is intended to be self - enforcing. Therefore, it becomes most effective when members are thoroughly familiar with and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for candidates for the Board of Supervisors, applicants to boards, committees, commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understood the Pittsylvania County Standards of Conduct. In addition, the Board of Supervisors, boards, committees, and commissions, shall annually review the Standards of Conduct and the Board of Supervisors shall consider recommendations from boards, committees, and commissions to update it as necessary. 18. Compliance and Enforcement The Pittsylvania County Standards of Conduct expresses standards of ethical conduct expected of members of the Pittsylvania County Board of Supervisors, boards, committees, and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, committees, and commissions and the Chairman of the Board of Supervisors have the additional responsibility to intervene when actions of members that appear to be in violation of the Standards of Conduct are brought to their attention. As allowed by law, the Board of Supervisors may impose sanctions and fines on members whose conduct does not comply with the County's ethical standards, such as public or private reprimand, formal censure, loss of seniority or committee assignment, or budget restriction. Where allowed by law, the Board of Supervisors also may remove members of Board - appointed boards, committees, and commissions from office. A violation of this Standards of Conduct shall not be considered a basis for challenging the validity of a Board of Supervisors, board, committee, or commission's decision. MODEL OF EXCELLENCE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS, BOARDS, COMMITTEES, AND COMMISSIONS MEMBER STATEMENT Page 10 of l l P55 As a member of the Pittsylvania County Board of Supervisors, or of a Pittsylvania County board, committee, or commission, I agree to uphold the Standards of Conduct for elected and appointed officials adopted by the County. I affirm that I have read and understand the Pittsylvania County Standards of Conduct. Signature Date: Name (printed): Office /Board/Committee /Commission: ARTICLE VIII. Amendments and Adoptions. 8.1. Amendments to these By -Laws, Rules of Procedure, and Standards of Conduct may be made at any meeting of the board by a majority vote of the Board present, after a notice of intent to amend has been given to each Board member not less than ten (10) days prior to such meeting. 8.2. Adoption of the By -Laws and procedures shall be by simple majority vote of the Board and shall be in force and effect on the day after their passage. Amended this 4th day of February, 2013, by a recorded vote of: Ayes Page 11 of 11 P56 Nays LIS > Code of Virginia > 2.2- 3708.1 Page I of 1 prey I next § 2.2- 3708.1. Participation in meetings in event of emergency or personal matter; certain disabilities; distance from meeting location for certain public bodies. A. A member of a public body may participate in a meeting governed by this chapter through electronic communication means from a remote location that is not open to the public only as follows and subject to the requirements of subsection B: 1. If, on or before the day of a meeting, a member of the public body holding the meeting notifies the chair of the public body that such member is unable to attend the meeting due to an emergency or personal matter and identifies with specificity the nature of the emergency or personal matter, and the public body holding the meeting records in its minutes the specific nature of the emergency or personal matter and the remote location from which the member participated. If a member's participation from a remote location is disapproved because such participation would violate the policy adopted pursuant to subsection B, such disapproval shall be recorded in the minutes with specificity. Such participation by the member shall be limited each calendar year to two meetings or 25 percent of the meetings of the public body, whichever is fewer, 2. If a member of a public body notifies the chair of the public body that such member is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance and the public body records this fact and the remote location from which the member participated in its minutes; or 3. If, on the day of a meeting, a member of a regional public body notifies the chair of the public body that such member's principal residence is more than 60 miles from the meeting location identified in the required notice for such meeting and the public body holding the meeting records in its minutes the remote location from which the member participated. If a member's participation from a remote location is disapproved because such participation would violate the policy adopted pursuant to subsection B, such disapproval shall be recorded in the minutes with specificity. B. Participation by a member of a public body as authorized under subsection A shall be only under the following conditions: 1. The public body has adopted a written policy allowing for and governing participation of its members by electronic communication means, including an approval process for such participation, subject to the express limitations imposed by this section. Once adopted, the policy shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting; 2. A quorum of the public body is physically assembled at the primary or central meeting location; and 3. The public body makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. (2007, c. 2!U; 2013, cc. jig, ggg; 2014, cc. g92, 52A.) am I treat I new search I table of contents I hors EXHIBIT (C -6 d hup:/Iiegl.state.va.us/cgi-bin/legp5O4.exe?000+cod+2.2-3708.1 7/10/2014 P57 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: CPMT attendance update SUBJECT/PROPOSAL/REOUEST: Adopt Resolution: 2014 -10 -01 STAFF CONTACT(S): Mr. Monday, Ms. Childress AGENDA DATE: 10/6/2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: CPMT Attendance Log Letter- Everlena Ross Letter- Jim Bebeau Resolution 2014 -10 -OL ITEM NUMBER: 9 INFORMATION: INFORMATION: BACKGROUND: BOS resolution 2014 -03 -01 indicates the CSA Coordinator will review CSA progress and CPMT attendance records with the Pittsylvania County Board of Supervisors on a quarterly basis. Resolution 2014- 03 -01: "CPMT members shall attend 75% of regularly scheduled meetings unless mitigating circumstances are approved by the Pittsylvania County Board of Supervisors." Pittsylvania County Board of Supervisors met on September 16, 2014 and reviewed Community Policy and Management Team attendance; Pittsylvania County Board of Supervisors asked Mr. Monday and Mrs. Childress to address attendance issues and report on necessary changes or amendments. DISCUSSION: CPMT attendance improved for the September 2014 meeting- 8 members and 1 alternate was present. -Jim Bebeau was absent, as planned- his alternate attended - Everlena Ross was absent- she resigned from CPMT prior to the meeting Individual letters were sent to each of the 10 CPMT members, from the county administrator's office, either thanking them for their attendance and encouraging continued attendance or asking them to improve their attendance as required by the Pittsylvania County Board of Supervisors resolution 2014- 03 -01. P58 RECOMMENDATION: 1) Accept Everlena Ross's resignation from Community Policy Management Team 2) Adopt Resolution: 2014- 10 -01; which removes Director of Pittsylvania County Community Action Inc as member of the Community Policy and Management Team. P59 Q N a m 0 u d d V C A C d Q H d u P50 P60 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2014 -10 -02 VIRGINIA: At the regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, held in the General District Courtroom of the Edwin R. Shields Courtroom Addition in Chatham, Virginia, on Monday, October 6, 2014, the following Resolution was presented and adopted: WHEREAS, that the Board of Supervisors of the County of Pittsylvania, Virginia, previously adopted Resolution #2012 -03 -02 in March, 2012, dissolving and disbanding the previously existing joint Danville- Pittsylvania Community Policy and Management Board and creating the Pittsylvania County Community Policy and Management Team. WHEREAS, significant preliminary audit observations were noted to the Pittsylvania County Community Policy and Management Team's Chair and Pittsylvania County Comprehensive Services Act Coordinator on February 10, 2014, following an annual onsite audit of the Pittsylvania County Comprehensive Services Act Program on February 7, 2014, by the Office of Comprehensive Services. WHEREAS, the Office of Comprehensive Services noted that the Pittsylvania County Community Policy Team's By -laws and Policies and Procedures Manual's member term limits are ambiguous and attendance policies are not adequately adhered to; Pittsylvania County Community Policy and Management Team's By -laws and Policies and Procedures Manual's Length of Tenure and Team Composition sections were adopted verbatim from Board of Supervisors of the County of Pittsylvania, Virginia's, adopted Resolution #2012- 03 -02. WHEREAS, the Board of Supervisors of the County of Pittsylvania, Virginia, previously adopted Resolution #2014 -03 -01 in March, 2014; which indicated concrete attendance policies and term limits for Community Policy Management Team Members. WHEREAS, §2.2 -5205 of the Code of Virginia, 1950, as amended, requires the Community Policy and Management Teams to include a representative of a private organization or association of providers for children's or family services, and a parent representative. NOW, THEREFORE BE IT HEREBY RESOLVED, that the Board of Supervisors of the County of Pittsylvania, Virginia, revise the Pittsylvania County's Community Policy Management Team's Team Composition and Length of Tenure to remove Director of Pittsylvania County Community Action, Inc. as a member. TEAM COMPOSITION The Pittsylvania County Community Policy and Management Team shall be composed of the following members appointed by the Board of Supervisors of Pittsylvania County, Virginia: P61 (1) County Government Official (elected or appointed) (1) Representative of Pittsylvania County Sheriff's Office (1) Parent Representative (1) Representative of a Private Organization The following members may request to appoint designees, if approved by the Pittsylvania County Board of Supervisors: (1) Director of Community Services Board (1) Director of Department of Social Services (1) Director of Department of Health (1) Director of 22 "d District Court Services (1) Superintendent of Pittsylvania County Public Schools There may be an alternate member appointed by the designated member to represent their Agency, only in emergencies. CPMT members shall attend at least 75% of regularly scheduled meetings during each calendar year, unless mitigating circumstances are approved by the Pittsylvania County Board of Supervisors. The Pittsylvania County Comprehensive Services Act Coordinator, Office Manager, and Utilization Management / Utilization Review Specialist shall be ex- officio members to provide information and services to the team. LENGTH OF TENURE The following representatives will be appointed, by the Board of Supervisors of Pittsylvania County, Virginia, each June, to serve a one (1) year renewable term from July 1 to June 30: (a) a parent representative; (b) local government official representative; and (c) representative or a private organization; all other appointments representing services agencies will be on an ongoing basis, contingent upon the continued employment in their respective positions. TEAM PURPOSE The purpose of the Pittsylvania County Community Policy and Management Team ( "Team ") shall be to oversee the implementation of policies and procedures governing: (1) the receipt and expenditures of State Pool and Trust funds earmarked for services to At -Risk and troubled youth; (2) the words of interagency teams that assess and plan services for youth and families; (3) the long -range planning and evaluation of services on a community -wide basis; and (4) the development of a comprehensive data based tracking system to ensure a current, accurate information exchange on all levels. The Team shall otherwise comply with all provisions of the Virginia Comprehensive services Act for At -Risk Youth and Families. P62 BE IT FURTHER RESOLVED, that a copy of this Resolution be submitted to Pittsylvania County Community Policy and Management Team. Given under my hand this 6h day of March, 2014. Approved as to form Pittsylvania County Attorney Jessie L. Barksdale, Chairman Board of Supervisors of Pittsylvania County, Virginia Clarence C. Monday, Clerk Board of Supervisors of Pittsylvania County, Virginia P63 Pittsylvania County Community Policy and Management Team 18 Depot Street P.O. Box 1064 Chatham, VA 24531 Ms. Ann Cassada, Chair tiWs. Tonya Fowler, Vice -Chair September 22, 2014 Ms. Everlena Ross, Interim Director Pittsylvania County Community Action, Inc. 348 North Main St. Chatham, VA 24531 Dear Ms. Ross: I received your letter asking the Pittsylvania County Board of Supervisors to accept your resignation from the Pittsylvania County Community Policy and Management Team. Thank you for serving on the Pittsylvania County Community Policy and Management Team since January 2013. Your service and support is greatly appreciated. I will submit this letter to the Pittsylvania County Board of Supervisors and ask them to accept your resignation at their regularly scheduled meeting on October 6, 2014. Sincerely, oConday Administrator Amy Childress CSA Coordinator 434 -432 -8374 434- 432.4833fax Katie Hogan UAVUR Specialist 434 - 432.1765 434 -432- 4833fax P64 Loalse Jones oQ7ce Manager 434 -432 -8371 434 - 431- 4833fax Pittsylvania County Community Policy and Management Team 18 Depot Street P.O. Box 1064 Chatham, VA 24531 c tMs. ,Vs. Ann Cassada, Chair Tonya Fowler, Vice -Chair September 29. 2014 Mr. James F. Bebeau, M.S., L.P.C., Executive Director Danville - Pittsylvania Community Services 245 Hairston Street Danville, VA 24540 Dear Mr. Bebeau: Pittsylvania County Board of Supervisors met on September 16, 2014 and reviewed the Pittsylvania County Community Policy Management Team member attendance logs for the past calendar year. Your attendance at CPMT meetings has been greatly appreciated. Records indicate you have missed five of the nine regularly scheduled meetings this calendar year. In order to remain in compliance with the Office of Comprehensive Services, Pittsylvania County Board of Supervisors adopted resolution 2014 -03 -01 on March 3, 2014, which states: "CPMT members shall attend 75% of regularly scheduled meetings during each calendar year; unless mitigating circumstances are approved by the Pittsylvania County Board of Supervisors. " Pittsylvania County Board of Supervisors approved your mitigating circumstances: however, attending each CPMT meeting is extremely important for the success of the Pittsylvania County CSA program. I understand that you would like to stay on the Community Policy and Management Team, please keep in mind that your attendance at the meetings for the remainder of the calendar year is critical in order to stay in compliance with the resolution. Sincerely, %% �v Clarence C. Monday County Administrator Amy Childress Katie Hogan Louise Jones CSA Coordmior U:VPUR special4st Ofce Manager 434-432 -8374 434 -432 -1765 434 -432 -8371 434 -432- 4833f" 434- 432 -4833f= 434432- 4833jat P65 Danville - Pittsylvania Community Services "Unlocking Potential With Each Sunrise" Executive Director Seryitre lames F. Bebeau, I.PC Prevention Services 434 - 799-0456 QKrudaes 434 -799 -0456 Finance Division Behavioral Health Services s Human Resources Division 4isa4931 434- 799 -0456 Intellectuaal l D Disability Services compliance a pliance & Information Systems 434 - 799 -0456 434799 -0456 September 29, 2014 Pittsylvania County Board of Supervisors C/o Amy Childress, Coordinator Community Policy and Management Team PO Box 1064 Chatham, Virginia 24531 Honorable Board Members: As the appointee member representing Danville - Pittsylvania Community Services (DPCS) on the Community Policy and Management Team (CPMT) of Pittsylvania County, I offer that I would like to continue as member, with Sandy Stephenson as my alternate. Ms. Stephenson serves as Director of Behavioral Health Services at DPCS, under my direct supervision. I take my appointment to CPMT seriously and am committed to its functions It is my intention to attend each and every meeting. Should circumstances arise in my job duties that prevent my attendance at a CPMT meeting, Ms. Stephenson as alternate would attend the meeting, so that our Agency stays current with CPMT activities. Thank you in advance for your consideration. Sincerely 2 James F. Bebeau, LPC Executive Director JFB:phb oa���9 5l? 245 Hairston Street, Danville, Nlrginio 24540 F �' m 434 - 799 -0456 Fax 434 - 7934201 7DD 434 - 799 -0198 Gretna Office 111 Center Street, Gretna, V Ia 24557 } From Grema 434656 -8201 From Dauville 434- iron eewv... 797 -2116 Fax 434 656- 6204.•aa •: uwwdpcs.org P66 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Recommendations from Legislative Committee 10 -06 -2014 SUBJECT/PROPOSAL/REOUEST: Committee Recommendations STAFF CONTACT(S): Mr. Monday ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 10 INFORMATION: INFORMATION: BACKGROUND: The Legislative Committee will meet at 5:00pm on Monday, October 6, 2014. Any recommendations that come from that meeting will be presented to the full Board of Supervisors. DISCUSSION: Legislative Agenda: (a) Music Festivals (Tabled from September 16, 2014) (b) DMV Stop Payment Fines — Treasurer's Office (c) Reimbursement for Responders Fees — Convictions in certain criminal offenses — David Pittman, Asst. Commonwealth Attorney (d) Revised Adult Store Ordinanee Sehedule Publie Hearing- - WITHDRA WN RECOMMENDATION: Any recommendations that come from that meeting will be presented to the full Board of Supervisors. P68 NEW BUSINESS P67 LEGISLATIVE COMMITTEE Pittsylvania County Board of Supervisors Monday, October 6, 2014 5:00 pm Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business: (a) Music Festivals (Tabled from September 16, 2014) (b) DMV Stop Payment Fines — Treasurer's Office (c) Reimbursement for Responders Fees — Convictions in certain criminal offenses — David Pittman, Asst. Commonwealth Attorney Withdrawn 5. Adjournment P69 AGENDA TITLE: Fire & Rescue Study Request Study Request STAFF CONTACT(S): Mr. Monday PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: 10 -06 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Resolution ITEM NUMBER: 11 INFORMATION: INFORMATION: Letter for Fire & Rescue Association 2006 Fire/EMS Study BACKGROUND: By a letter dated September 1, 2014, the 27volunteer member agencies of the Pittsylvania County Fire & Rescue Association requested the County initiate the process of conducting a comprehensive study of the Fire/EMS System. DISCUSSION: The last study of the County's Fire /EMS System was completed in 2006. Some recommendations were partially or completely implemented while others were not as the recession hit in 2007/2008. The process is for the County to request such a study by the Virginia Fire Services Board (VFSB). Requests are considered in the order received. The VFSB assigns experts to a task force that publishes its findings in a final report containing recommendations. There is no requirement to execute every recommendation as the report is advisory in nature. RECOMMENDATION: Staff recommends the Board of Supervisors: (1) Approve Resolution 2014 -10 -03 (2) Approve request for a study of the County's Fire/EMS System. P70 jittoplbania Countp 39oarb of *uperbtoorfs Resolution Requesting a Comprehensive Analysis (Study) of the County's Fire/EMS System RESOLUTION 2014 -10 -03 WHEREAS, Fire and Emergency Medical Services (EMS) is among the highest priorities demanded and expected by our citizens who deserve prompt and professional response every time they call 9 -1 -1; and WHEREAS, over 600 volunteers give unselfishly of their time from 34 Fire & EMS Stations, responding to over10,000 calls for service annually; and WHEREAS, the Pittsylvania County Board of Supervisors demonstrates its genuine commitment to these organizations by appropriating $1.7Million in the current fiscal year for normal, recurring needs, while considering special requests as necessary; and WHEREAS, the Board of Supervisors requested a similar study in 2006. Progressive improvements have been made following this report, and due to the report's age and ever - changing environment, another, fresh analysis is necessary to continue improvement of this vital service; then NOW, THEREFORE BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors formally requests the completion of a Comprehensive Analysis (Study) of the County's Fire/EMS System and directs the County Administrator to take necessary action to request the same from the Virginia Fire Services Board. Given under my hand this 6'h day of October, 2014 Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence Monday, Clerk Pittsylvania County Board of Supervisors P71 Clarence C. Monday County Administrator P.O. Box 426 Chatham, Virginia 24531 clarence.monday @pittgov.org PITTSYLVANIA COUNTY VIRGINIA ij 5 at I o s> MEMORANDUM To: Pittsylvania County Board of Supervisors From: Clarence C. Monday, County Administrator Date: Thursday, September 18, 2014 Subject: Fire/EMS Study 1 Center Street, Chatham, Virginia Phone (434) 432 -7710 Fax (434) 432 -7714 Website: w v.pittsov.org (�,m\Kp By letter dated September 1, 2014, the 27 volunteer member agencies of the Pittsylvania County Fire & Rescue Association requested the County initiate the process of conducting a Comprehensive Study of the County's Fire /EMS System. This matter will be on your October 6, 2014 agenda with a staff recommendation to honor the request. John Crane will be interviewing me tomorrow regarding this matter, and I want to provide you with a few details in the meantime. The process is for the County to request such a study. If approved by the Board of Supervisors, I will submit the request to the VA Fire Services Board. It will be considered in the order received. I am confident the FSB will approve and proceed as requested. They will assign experts to a committee that will conduct this at no cost. This is an outside group, unbiased, who will make a public presentation to the Board of Supervisors with findings and recommendations. I don't expect it to start before January and may be completed by Spring /Summer 2015. The County does not have to implement any of the recommendations as the report is advisory. Attached is the last study completed in 2006 which is aged enough to undertake a new approach. Please advise if you have any questions. CCM /kp Attachments Cc: Jim Davis P72 Pittsylvania County Fire & Rescue Association P.O. Box 426 Chatham, Virginia 24531 September 1, 2014 Mr. Clarence Monday, County Administrator Pittsylvania County, Virginia Post Office Box 426 Chatham, VA 24531 Dear Mr. Monday, On behalf of the twenty -seven volunteer fire and emergency medical service provider agencies that are members of the Pittsylvania County Fire /Rescue Association, l am requesting that Pittsylvania County undertake an evaluation of existing emergency service capabilities in the County. As you are aware, a similar study was conducted by the Virginia Fire Services Board, the Virginia Department of Fire Programs, and the Virginia Office of Emergency Medical Services and presented to the Board of Supervisors in July 2006. It is the opinion of our members, that many of the recommendations included in that study continue to be relevant to any efforts to improve and enhance the effectiveness and efficiency of the emergency service delivery system in Pittsylvania County. We ask that the Board commission a second study that will review the 2006 document in the context of both new and ongoing challenges facing our volunteer Fire /EMS providers. Our members and I are committed to assisting you however we can to enable us to continue to provide the best possible emergency services to the people who live, work, conduct business, or travel in Pittsylvania County. Should you have any questions or need any additional information, please contact me at your convenience. Sincere Stephen G. Finkner, President Pittsylvania County Fire /Rescue Association P73 Fire and E.M.S. Services Study Pittsylvania County Virginia , ��V V Yet •i"Y .. PR WIV- Conducted by: The Virginia Fire Services Board The Virginia Department of Fire Programs The Virginia Office of Emergency Medical Services July 22, 2006 P74 Fire and E.M.S. Services Study Pittsylvania County Virginia INTRODUCTION The following study was conducted by the Virginia Fire Services Board, the Virginia Department of Fire Programs, and the Virginia Office of Emergency Medical Services, at the request of the Pittsylvania County Board of Supervisors and the Pittsylvania Fire and Rescue Association. The intent of this study is to convey recommendations for improvements to the Pittsylvania County Board of Supervisors, fire and EMS departments, and to the citizens of Pittsylvania County. The following individuals were members of the study committee: Richard W. Harris — Chairman President — Virginia State Firefighter's Association Bert Roby Division 2 Chief - Orange Virginia Department of Fire Programs Bob Rhea Division 4 Chief - Marion Virginia Department of Fire Programs Paul Fleenor EMS Program Representative Virginia Office of Emergency Medical Services Donald F. Brown Division 3 Chief - Farmville Virginia Department of Fire Programs A special thanks to: William D. Sleeper Pittsylvania County Administrator The Fire and EMS Departments of Pittsylvania County Steve Finkner Liaison - Pittsylvania County The members of the study committee collectively have backgrounds in both career and volunteer fire and emergency medical services organizations. P75 The committee's goal: To make recommendations for the fire and emergency medical services organizations that will enable them to serve the needs of the citizens of Pittsylvania County in an effective and efficient manner. PURPOSE OF THE STUDY The primary purpose of this study was to examine and make recommendations in the following areas: Management, administration, and accountability Examine the administration of the fire and EMS departments at both the county and station level to look at areas such as financial management, decision and policy making, SOP's, organizational structure, and purchasing policies. Examine the need for and potential makeup of a county level fire and EMS organization Level of service Examine the current availability of fire and EMS volunteers during daytime, nighttime, and weekend periods given current needs and projected population growth. Examine the need for career staffing especially during week day hours. Examine current response procedures to ensure timely response and adequate staffing for all types of incidents including E.M.S. calls. Examine the current recruitment and retention practices for effectiveness. Funding Examine the current county funding levels and the fund raising efforts of the various volunteer departments. Examine alternative ways to increase funding without further burdening the volunteers. Training Examine the current levels of training for the various members of the county fire service. Examine the current training programs in place to ensure that they are adequate, available to all, and cover all areas of need such as firefighter, officer, driver, and E.M.S. Communications Examine the current radio and dispatch system to see if it is adequate and to determine what changes are necessary to ensure coverage for mobile radios, portable radios, and pagers in all areas of the county. Examine the current 911 system and the addressing system. Safety and operations Examine response Standard Operating Procedures to ensure that an adequate Incident Command System (to include Accountability, RTT team, etc.) and SOP's are in place, are being used at all incidents, and all personnel are trained and required to follow the policies. P76 Apparatus and equipment Examine the existing apparatus and equipment (hose, SCBA, etc.) for age, maintenance, and proper distribution by type. Examine future apparatus and equipment purchase and replacement plans for adequacy. Examine the existing maintenance and testing programs to ensure safety and reliability of all fire and EMS vehicles. BACKGROUND As we visited all of the various fire and EMS stations, we were struck by the dedication of the volunteers at each station. In several cases, we visited stations in the midst of fund raising activities to provide financing to operate the department. We also received a complete breakdown of the funding provided by the county to the various stations. We discussed with each station the organizational structure for emergency response such as the number and type of equipment sent to each incident, and the number of people available during various times of the day to respond to alarms. We also discussed Standard Operating Procedures in place in the county such as an Incident Command System, Accountability System, and Rapid Intervention Team system. Other issues such as standardized and centralized purchasing practices and incident reporting by the fire departments through the use of Virginia Fire Incident Reporting System (VFIRS) were reviewed. We were asked by the County to review each of these areas along with many others that are included in this study, and to make recommendations on how to improve fire and E.M.S. service to the citizens of Pittsylvania Co., and at the same time better provide for the volunteers who provide that service. RESEARCH METHODOLOGY Our study started with a briefing by the County Administrator and with the representative of the Fire and Rescue Association, Steve Finkner. We met a number of times at the county office to discuss the various issues we were requested to review. During one of those meetings, we met with the county Emergency Services Coordinator. We visited the communications center and were briefed on its operation. For four days, the committee visited each fire and EMS station, meeting with key officers and members. The meetings were for the purpose of asking questions and receiving comments on the various issues. This also provided an opportunity to see much of the county and the growth areas. Following these meetings, the committee formulated the recommendations to be presented to the County Administrator, Board of Supervisors, the Fire and EMS Departments, and the citizens of Pittsylvania County. 4 P77 RECOMMENDATIONS Our recommendations for the organizational structure of the fire and E.M.S. delivery system are as follows: CREATION OF A COUNTY LEVEL FIRE AND EMS DEPARTMENT It was clear from our discussions with all the various fire and E.M.S. providers in the county that the geographic size of the county and large number of fire and E.M.S. organizations in it (25) made the current system of discussing issues through the Fire and Rescue Association inefficient and unsuited to develop and implement much needed Standard Operating Procedures and standard practices. Currently each department is free to develop its own procedures and practices and is not bound by any policy developed through the Association. There is also no accountability to ensure that each department is effectively answering all of their calls, maintaining their vehicles and equipment, and efficiently using their money. Recommendations: The committee would recommend that the county create, by ordinance, a Fire and E.M.S. Department headed by a full time Fire and E.M.S. Chief. This person would be empowered by ordinance as the senior decision maker with the authority and responsibility for all administrative, financial, and operational functions of the Department and, in close consultation with the various volunteer fire and E.M.S. Chiefs, the volunteer fire and E.M.S. departments in the county. This would allow for the speedy recognition of issues and an efficient way to address those issues and notify all stations of any solutions and changes. It would also ensure that all policies were carried out consistently by all the departments. This would improve the operation of all the stations and ensure continuity of policy and practice that would lead to improved operations at incidents and ultimately enhance the safety of all the fire and E.M.S. personnel in the county. The Chief would also be responsible for the hiring and supervision of additional career staff as recommended elsewhere in this study and as would be needed in the future. The county Fire Marshal should be under the supervision of the Chief and the county should consider making the Chief the county Emergency Services Coordinator or transfer that position to the Chief's office. The Fire and E.M.S. Department should be assigned a full time secretary. One of the first tasks should be to seek county wide EMS Agency licensure. In addition, the Department must address the creation and implementation of county wide Standard Operating Procedures (SOP), to include an Incident Command System (ICS) consistent with the National Incident Management System (NIMS) and the current ICS model taught by the National Fire Academy. These SOP's should also include an Accountability procedure and Rapid intervention Team policy. U P78 TRAINING AND A COUNTY TRAINING OFFICER It was also clear that the county was in need of an aggressive and on going training program for fire and E.M.S. providers. Although it was evident that a great deal of training was going on in the county there appeared to a lack of planning to ensure that all necessary training was offered and that scheduling was done in a way to prevent overlapping or large gaps in training. Planning is also needed to ensure that training was offered in all parts of the county to prevent volunteers from having to drive long distances for necessary training. Recommendations: The Committee recommends that a full time fire and E.M.S. training officer be hired as part of the Fire and E.M.S. Department to plan and implement, in conjunction with the various volunteer training officers, a comprehensive fire and E.M.S. training program. This person should be a certified instructor with the ability to teach various fire service courses. In addition, this person needs to be certified as an E.M.T. instructor and endorsed as an Advanced Life Support Coordinator in order to accommodate the EMS training needs. Money from Virginia Department of Fire Programs and Office of Emergency Medical Services will not be sufficient to fund all the training needed in the county so the training officer should be provided a budget that would allow him to develop and hire instructors to teach the various subjects needed in the county. The training officer should also develop and maintain training files on all the active members of the county fire and E.M.S. departments. The training officer should be responsible for ensuring that all personnel are thoroughly trained in any new SOP's including ICS and EMS protocols. The Committee recommends the county start a high school EMT certification program taught by a certified EMT Instructor, and that the high school program be expanded to include a Firefighter I certification course as well. This program must be a partnership between the various County volunteer fire and E.M.S. departments and the Pittsylvania County School System. it is recommended that the school system recruit and select the most qualified candidates for both the EMS and Firefighter certification programs to ensure their success. This should provide a necessary resource of trained fire and EMS volunteers for the various stations each year. STANDARD OPERATING PROCEDURES and OPERATIONS As noted in the recommendation to create a Fire and E.M.S. Department, the committee noted significant inconsistencies in the operations of the various departments even though on any significant incident two or more departments worked together at that incident. The lack of consistent Standard Operating Procedures and Incident Command System leads to confusion at an incident and greatly increases the possibility of injuries or even death to emergency responders. The Committee also noted that the response to some types of calls, 3 P79 especially structure fire and structure fire related calls (chimney fires, smoke and odor investigations, alarm activations), was inadequate, and the responses to EMS calls were also inadequate. Recommendations: The Fire and E.M.S. Chief and ultimately the County should be responsible for the response operations of all the stations at incidents around the county. Clearly, the Chief cannot respond to all emergency incidents. Through the development of SOP's and on going officer training, the volunteer leaders would manage incidents in a consistent manner and with adequate training to ensure the efficient and safe mitigation of the incident. The Chief would also be responsible for any follow up necessary after an incident and to make recommendations for any corrective action or changes in policy. We would recommend that the response to structural related calls be upgraded immediately from two stations to three stations plus an ambulance on the first alarm to provide additional personnel and equipment on the scene as rapidly as possible. We would also recommend that a "tanker task force" policy be implemented to ensure that adequate water is available for all fires in the rural areas of the county. We would further recommend that the county, through the Fire and E.M.S. Department, review and update any mutual aid and automatic response agreements with surrounding counties and the city of Danville to ensure that the closest station and the proper equipment is dispatched to all fire and EMS emergencies in the county. Changes to the emergency medical response policies will be discussed in another section of this report. FUNDING A primarily volunteer fire and EMS service does not come without a considerable cost. However, that cost is only a fraction of what it would cost to maintain a career system. Fire and EMS services can be directly measured by the amount of money and time invested into the system. The county allocates money each budget year to take care of utilities, fax, vehicle fuels and motor oil, vehicle supplies, reimbursement for training, and property and personnel insurance for the volunteer fire and EMS departments. The County also provides $65,000 dollars annually for EMS supplies. They also allocate $1,500.00 per year per department as matching funds if the department has a fund raising event to raise an equal to or greater amount. Also, each department receives an equal share of the Fire Programs Fund and $7,500.00 in Capital Funds in order to buy needed equipment. The county also provides $250,000 annually to assist departments in purchasing new fire trucks and ambulances. In addition, EMS agencies receive the Rescue Squad Assistance funds in lieu of the Fire Programs Fund. 7 P80 Recommendations: The County should allocate much more than the $7,500.00 per department and EMS agency per year. With the cost of fire and EMS equipment escalating every year (usually above the rate of inflation), the $7,500.00 would hardly buy any equipment that would benefit the citizens of Pittsylvania County. Also, the departments have to maintain the equipment they presently have and most of this money is eaten up in maintenance cost and there is hardly any money left for new or improved equipment. The $7,500 amount has been the same budgeted amount for quite a few years with no increases even for inflation so the departments are getting further behind as time passes. We are aware that an application for the Safer Grant program has been filed with the Department of Homeland Security. We encourage the county to continue this process each year these funds are available. Also, the County should immediately hove forward to implement the Fee for Services for all EMS calls in the county. This would enable the county to have career cross - trained fire and EMS personnel available to supplement the volunteers who can't respond during their work hours. After the Fee for Service charge is implemented, the county would need to loan funds to the system until the funds start coming back from the charges. After the County loan has been repaid, all funds generated by the Fee for Service charge should remain in the EMS system in order to have sufficient funds for staffing, replacement of equipment, insurance, etc. Additionally, out of the Fee for Service charge, there needs be a strong consideration by the county to provide a fee for volunteers who are willing to be on call and respond when they are needed. The County should be sure that FEMA /HOMELAND SECURITY grants are actively being applied for by the fire departments so equipment such as self - contained breathing apparatus, cascade systems, turnout gear, pumpers, tankers, brush units and etc. can be replaced partially with federal funds. Also, the county should be sure that EMS grants for vehicles, communication equipment, extrication equipment and etc. are actively pursued each grant cycle. The County should consider assigning this responsibility to one individual as a grant writer. This will increase the benefits to the entire county and not just one department. We found departments who had received grants and we found others who did not know how to write grant applications. The County should consider the establishment of fire or E.M.S. districts for the purpose of raising funds in those districts for fire and EMS services (See 27- 23.1 of the Code of Virginia). The long -range goal of the county should be to work towards total funding through the County Fire and E.M.S. Department for the various fire and EMS agencies as is discussed in the "Central Purchasing" section of this report. 8 P81 CENTRAL PURCHASING We were impressed with the effort being put in by the various stations to raise money to provide for the cost of doing business. In some cases, departments were spending more time raising money than they were answering calls. We also noted that it is very inefficient for all twenty- five volunteer organizations to be purchasing equipment and supplies, often in small quantities, and therefore at the highest possible price. It should be the County's responsibility to cover all the routine operating costs for the fire and E.M.S. departments. Recommendations: The Chief, working closely with the volunteer fire and EMS chiefs, should develop specifications to standardize equipment for purchase by the County. This should include fire and EMS vehicles, radios and pagers, turnout gear and clothing, fire fighting equipment including Self Contained Breathing Apparatus (SCBA), and EMS supplies. Once these specifications are completed, the County should purchase adequate quantities of clothing, equipment, and consumables to equip the various stations and maintain an adequate inventory to meet any replacement needs in a timely fashion. A maintenance program should also be put in place by the county for other equipment such as SCBA and Automatic External Defibrillators (AED). RESERVE APPARATUS AND VEHICLE MAINTENANCE The study committee found many pieces of rolling equipment to have considerable age on them. Also, the study committee knows that many newer pieces of fire apparatus as well as ambulances are subject to breaking down, particularly due to the nature of their use, as well as the many complex types of systems on them. The committee also did not see any indication of a consistent vehicle maintenance program that would ensure that a vehicle is serviceable and safe for use on calls. Recommendation: The County needs to identify several pieces of fire apparatus and ambulances as reserve equipment, and when a vehicle is broken down at a station or out for service for an extended length of time, then the department or agency can request that a reserve unit be placed in their station in order that the quality of service in that particular station is not jeopardized for the citizens they serve. The County should also assume the responsibility for all maintenance and upkeep of all the fire and EMS vehicles in the county. All equipment should be serviced on a regular basis, at least annually, based on use. With over one hundred fire and EMS vehicles in service the County should consider the addition of a full time mechanic, within the Fire and E.M.S Department who is trained to work on fire apparatus and ambulances. This would reduce the "down time" on a vehicle and the cost of using outside sources for servicing and minor maintenance. The County should ensure that all fire apparatus pumps, N P82 aerial and ground ladders, and hose are tested according to NFPA standards once a year. WORKERS COMPENSATION INSURANCE It was found that most, if not all of the fire departments and EMS agencies in the county are without sufficient long -term disability insurance for a member that was injured in the line of duty. Recommendation: The County should consider purchasing a countywide Worker's Compensation Insurance Policy in addition to the coverage they presently have on the volunteers. When career staff is hired, this will be a must. There are worker compensation plans now available for volunteers that are much more reasonable in cost than in previous years, and cover a wide range of benefits. Also, a Workers Compensation Policy affords some protection to the county should a need arise for long -term disability coverage on an injured volunteer or employee. STATION ADD ON POLICY According to many of the departments interviewed, the County provides $30,000.00 for departments or agencies that want to increase the size of their building, or put up a new building. If a department is only adding onto their building, the county policy requires that several feet must separate the new addition and the old station. Recommendation: Serious thought should be given by the Board of Supervisors to significantly increase the $30,000 allotment. This is mainly due to the cost of land and building construction being what it is today. Stations are not adequately being expanded, or new stations constructed for long -range growth, simply because the money being allocated by the County is too low. Departments cannot raise enough funds, in most cases, to properly complete the construction. Additionally, each new station, or station renovation, should include an emergency generator in the event of power failure or community need. The County should investigate this program and considerably increase funding for station renovation and construction, even if it takes longer for each department to be able to receive their fair share. Also, the requirement (which the committee understands, but has not confirmed, has been changed) that several feet separate the new construction and old construction is defeating the purpose of the funds and much money is being wasted with this requirement. U P83 DRY HYDRANT PROGRAM The committee found in some areas of the county there was a serious shortage of dry hydrants, mainly because the individual departments were not actively pursuing this project. Recommendation: There should be a strong move to have all available water sources identified through out the county, and where possible, dry hydrants installed. Grant funds can be obtained through the Virginia Department of Forestry using Fire Programs Fund monies earmarked specifically for dry hydrant installation. Also, all existing dry hydrants should be marked by proper reflective signage, easily visible both night and day, and all new dry hydrants should also have the same type signage. Dry hydrant locations should also be given a 91 1 address so they can be easily found by responding departments. A good dry hydrant system may help improve the poor ISO insurance ratings that many county departments presently have. EQUIPMENT ROTATION Presently the County allocates annually $85,000 each to two fire departments, and $70,000 to one EMS department. The departments are selected on a rotating basis for the purchase of a new fire truck or ambulance. Given the price of fire trucks, the fire truck allocation is very low, and the fire departments are struggling to come up with the additional amount needed to fund the cost of the apparatus. Therefore, many departments are buying pumpers that are not NFPA 1901 compliant and buying tankers that are not NFPA 1906 compliant. Additionally, much of the equipment in the county is very old and the maintenance and safety of that equipment is questionable. Recommendation: The County should allocate sufficient funds for the full purchase price of fire and EMS vehicles and should ensure that each vehicle is titled in the County's name and that it meets the proper standard for which it will be used and then is properly maintained to ensure safety and reliability. Then thru careful planning and consideration the county could place the vehicle where needed and not simply place it because they were the next department up for rotation. The county has a sufficient number of fire trucks and ambulances, however, some may not be located properly, and a more equitable distribution of equipment could be achieved, if they were titled in the county's name. RECRUITMENT AND RETENTION Many departments were short of sufficient personnel, particularly in the day light hours, and departments have to rely on mutual aid from many miles away to do the initial attack on a structure fire. Shortage of volunteers is a real P84 problem that needs to be addressed. One of the main concerns that we heard at almost every station, members were grossly overworked on fund raising projects. Many members participate in fund raising projects, as many as twenty times a year, or more, just to keep the doors open on the station. There were many other reasons that volunteers are not available for calls that were discussed during department interviews. Recommendation: There have been many studies performed on recruitment and retention by organizations such as the National Fire Protective Association (NFPA), the Virginia Association of Rescue Squads, and others. The County needs to look at these studies and see what can be adopted to help alleviate this problem. The County should also consider incentives for the volunteers such as a reduction in their real estate taxes, pay per call (a program to pay each volunteer a specified amount per call and training session, or per hour while on a call or attending braining), and other benefits that would help maintain the current level of volunteers. Additionally, this may increase the number of volunteers around the county. It is recommended that someone within the County Fire and EMS Department be given the responsibility as the countywide recruitment and retention officer. This individual would ensure that the need for volunteers is presented to the public at every possible opportunity, assist those who wish to join a department, and monitor programs and successes and report back to the Board of Supervisors. The County currently provides $15,000 for investment in the Volunteers Service Award Program (VOLSAP) program through the Virginia Retirement System. It should continue and increase the funding to this program or create an award/retirement program of its own for volunteers who have long lengths of dependable service to the county. The committee is aware that the program has not received the support of the volunteer departments. This may be due to the difficulty of completing the paperwork or some other reason. The volunteer fire and EMS department leadership must be strongly encouraged to register their members and support either of these programs. FIRE CODES AND FIRE MARSHAL The County has a Fire Marshal who currently answers to the Emergency Services Coordinator. The Committee understands that the Fire Prevention Code has been adopted by the County. Many structures in the county are reaching an age that snakes them a real fire hazard. Recommendation: The Fire Marshal should be transferred to the County Fire and EMS Department. The County should consider adopting sections "B ", "C ", and "D ", of the International Fire Prevention Code. The County should encourage the Fire Marshal to actively enforce the code. The Fire Marshal should be actively involved in plans review of new development, code enforcement of the Fire Prevention Code, and should investigate all fires 12 P85 occurring within the County. This could be done on a part time basis as the need arises. Fees could be established for the fire code inspections to offset the cost of the fire marshal's office. 911 ADDRESSES The County is currently not enforcing the requirement for the posting of 911 addresses. The study committee found addresses on many locations that could be read only from one direction. Also, the 911 addresses were posted on a fence post in some places, on mailboxes in others, and none were consistent. With the county having to rely on mutual aide fire protection, the posting of the visible addresses, consistent and readable from both sides of the sign, would be a tremendous help and cut down on response time by the responding departments. Recommendation: The County should enforce the ordinance requiring all properties to be posted with 911 addresses, to include all address signs being placed in the same location and manner as specified in the ordinance. COMMUNICATIONS The emergency communications for Pittsylvania County is provided through the dispatch center located in Chatham and is supervised by a Director of Emergency Communications. The system seemed to be well managed and the radio system, for the most part, has excellent coverage throughout the county for fire and EMS. The coverage was improved with the addition of the repeaters that were added several years back. The County does have a severe problem when an emergency call is dispatched, particularly an EMS call. The dispatcher must continually monitor for a response and continue to page out units until someone answers the call. This may take up to an hour or more to have a response to the dispatcher's page. This process is very time consuming and very frustrating for the dispatcher, particularly with a severe medical emergency and citizens continuing to call the dispatch office for help. Currently, Pittsylvania County's dispatch does not utilize emergency medical dispatching to give pre- arrival instructions to callers. On the fire side, once a call is sent out by the dispatch office to the affected fire department, the members through personal walkie- talkies are bombarding the dispatcher with calls, wanting to know where the fire is located, what type of call it is, and letting the dispatcher know they are responding to the call, etc. Recommendation: The County should give the Director of Emergency Communications instructions to develop a workable emergency response plan that would provide a solution to this problem. The response plan must require the EMS agencies to submit a "duty crew roster" showing availability of units and personnel. This will allow for the timely dispatch of the closest available unit for every call. Additionally, the plan should include restricting the 13 P86 individual members from calling the dispatch center by walkie- talkie with all of their communications. This would help prevent the dispatch center from becoming overloaded with calls that can be directed elsewhere, particularly when the dispatchers are also handling other fire calls and /or other medical emergency calls. This Committee recommends all dispatchers be certified through an accredited Emergency Medical Dispatcher program. E.M.S. RESPONSE EMS call coverage is the most severe and time critical problem facing Pittsylvania County and its citizens. In parts of Pittsylvania County, it is not uncommon for an EMS call to go unanswered, or to have an extremely long response time. A reason for this is that some EMS agencies are having difficulty providing 24 -hour continuous service in its primary service area, as required by state EMS regulations. Because of the lack of service, mutual aid is being utilized on a daily basis. This leads to excessive delays in response times. In addition, the daily use of mutual aid to cover EMS calls is causing a strain on many of the other EMS agencies. It is increasing their work load and also leaving their primary service area without coverage. Mutual aid is designed to be activated when an agency has exceeded its resources, not as primary coverage for an agency's response area. It cannot be stressed enough how critical this problem is! Recommendation: Because of the critical nature of this problem, the county should immediately contract with a paid ambulance service to supply EMS coverage to supplement the volunteer effort. It is the Committee's understanding that this is already in progress. It is recommended that the EMS agencies develop scheduled duty crews and notify dispatch when they do not have a duty crew available. The dispatch center would be able to determine what times and what areas need supplemental coverage. Please note: Contracting with paid service is only a temporary fix to the problem. This should only be done until such time as the county has developed its own paid EMS service. The County should hire EMS staffing to supplement the volunteer effort. These providers would fall directly under the new County Fire and E.M.S. Department's EMS agency license. While the primary duty of these providers will be EMS, they should also be crossed trained in fire fighting. These providers should be strategically placed throughout the county based on the coverage needs. These needs can be determined by analysis of EMS call data from the dispatch center. In addition to these matters, it is also critical that the county support the volunteer effort. This support should come from the new County Fire and 14 P87 E.M.S Department. The agencies are currently burdened with problems related to funding, training, recruitment/retention, and administrative duties. In regards to funding, the County should fully fund all operational costs of the agencies, thus eliminating the need for fund raising. Training burdens could be relieved by having a designated training officer to ensure adequate training is coordinated county wide to meet all continuing education and initial training needs for new members. The County should support recruitment/retention by having a strong program designed to bring new volunteers into the system and to maintain existing volunteers. In addition, the county can alleviate many of the administrative burdens the agencies face. Examples of this would be grant writing, EMS data submission to the state, and other records and reporting needs. It is recommended that with the creation of an EMS licensed County Fire and E.M.S. Department, that the Department serve as an umbrella EMS license for the whole county. This would allow for the placement of EMS vehicles in current non EMS licensed agencies in the county. Also, bringing current EMS licensed agencies under the department's umbrella would eliminate a huge administrative burden facing many of the agencies. This would include record keeping, data submissions, and EMS inspections. It should be noted that falling under the umbrella license does not mean the agencies need to give up their autonomy. CONCLUSION: The Committee was impressed by the dedication of the volunteer personnel serving the citizens of Pittsylvania County. It is our hope that the study will act as a model for the future of the Pittsylvania County Fire and EMS Service. This committee realizes that the recommendations of this committee are extensive and require long term commitment by the Board of Supervisors, the fire and EMS departments, and the citizens of Pittsylvania County. The Committee feels that the two issues that should be addressed immediately are the EMS response issues and the creation of the County Fire and EMS Department. This Department will provide the necessary infrastructure and oversight needed to carry out many of the recommendations of this committee. 15 P88 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Request for Public Hearing; Staggered Terms 10 -06 -2014 SUBJECT/PROPOSAL/REOUEST• ACTION: Draft Ordinance and Request for Public Hearing Yes STAFF CONTACT(S): CONSENT AGENDA: Mr. Monday ACTION: ITEM NUMBER: 12 INFORMATION: INFORMATION: ATTACHMENTS: Existing/Proposed Term Ordinances BACKGROUND: At their meeting on September 16, 2014, the Board of Supervisors unanimously approved directing staff to draft a proposed ordinance authorizing the election of Board members via staggered terms. The Board additionally directed staff to draft a proposed revision to the Board's By -Laws authorizing the same. DISCUSSION: As authorized by Virginia Code § 24.2 -219, attached please find an Ordinance to Amend § 8 -4.1 of the Pittsylvania County Code authorizing the election of Board members via staggered terms. Please also find a proposed revision to § 1.1 of the Board's By -Laws authorizing the same. RECOMMENDATION: For the Board's consideration and review. If acceptable, staff requests Board authorization to advertise the attached Ordinance for potential adoption following a lawfully conducted public hearing. Staff additionally requests Board authorization to place the By -Law revision on the next agenda for potential adoption following the required ten (10) day layover. P89 OLD ARTICLE I. Election. Composition, and Function of the Board. 1.1. The Board shall be composed of seven (7) members who shall be elected by the qualified voters of the County; one (1) member shall be elected from each of the seven (7) election districts for a concurrent term of four (4) years. NEW ARTICLE I. Election, Composition, and Function of the Board. l. l. The Board shall be composed of seven (7) members who shall be elected by the qualified voters of the County; one (1) member shall be elected from each of the seven (7) election districts. Pursuant to § 24.2 -219 of the Code of Virginia, 1950, as amended, beginning with the November 2015 General Election, the Pittsylvania County Board of Supervisors shall be elected to staggered terms as follows: the voters in the Banister, Callands- Gretna, and Dan River Election Districts shall elect a member of the Board of Supervisors for a two -year term, and the voters in the Chatham - Blairs, Staunton River, Tunstall, and Westover Election Districts shall elect a member of the Board of Supervisors for a four -year term. At the November 2017 General Election, the voters in the three (3) Election Districts in which a Supervisor was elected for a two -year term shall elect a Supervisor for a four -year term, and thereafter elections for all Supervisors will be held on a biennial basis for four -year terms. P90 AN ORDINANCE TO AMEND § 8 -4.1 OF THE PITTSYLVANIA COUNTY CODE WHEREAS, § 24.2 -219 of the Code of Virginia, 1950, as amended, allows the Pittsylvania County Board of Supervisors to enact an Ordinance to provide for the election of members of the Board of Supervisors by staggered terms; and WHEREAS, the Pittsylvania County Board of Supervisors has deemed it desirable to enact an amendment of the Pittsylvania County Code to provide for the election of Board of Supervisor members by staggered terms. NOW THEREFORE, be it resolved by the Pittsylvania County Board of Supervisors that § 8 -4.1 of the Pittsylvania County Code is hereby amended to read as follows: SEC. 8 -4.1. TERM OF OFFICE, TERMS. Pursuant to § 24.2 -219 of the Code of Virginia, 1950, as amended, beginning with the November 2015 General Election, the Pittsylvania County Board of Supervisors shall be elected to staggered terms as follows: the voters in the Banister, Callands- Gretna, and Dan River Election Districts shall elect a member of the Board of Supervisors for a two -year term, and the voters in the Chatham - Blairs, Staunton River, Tunstall, and Westover Election Districts shall elect a member of the Board of Supervisors for a four -year term. At the November 2017 General Election, the voters in the three (3) Election Districts in which a Supervisor was elected for a two -year term shall elect a Supervisor for a four -year term, and thereafter elections for all Supervisors will be held on a biennial basis for four -year terms. All seven (7) members of the Pittsylvania County School Board shall be elected in accordance with § 22.1 - 57.3:1.2 of the Code of Virginia, 1950, as amended. P91 PROCEDURES TO STAGGER TERMS Authority to stagger terms and provide for biennial election of members of a board of supervisors is be found in §24.219 of the Code of Virginia, 1950, as amended (a copy of the same is attached hereto as Exhibit "A "). Within that section the General Assembly has provided two (2) procedures by which staggered terms and biennial elections may be effectuated. A. ORDINANCE PROCEDURE: The Board of Supervisors may, by ordinance, provide for biennial elections of and staggered four (4) year terms, for its members.i As the enabling authority does not provide any special advertising or hearing requirements, the ordinance may be advertised in a manner similar to any other ordinance.ii Section 15.2 -1327 of the Code of Virginia, 1950, as amended, sets forth the method for advertising ordinances.iii Under §15.2 -1427, an ordinance may not be adopted until a descriptive notice of the intention to propose the ordinance for adoption has been published once a week for two (2) successive weeks in a newspaper having general circulation within the counly.iv Upon the completion of the required advertising, a public hearing is held to receive citizen comment on the proposed ordinance. Upon close of the public hearing, the Board may consider the adoption of the ordinance. B. REFERENDUM PROCEDURE: The registered voters of the county may require a referendum on the issue of biennial elections and staggered terms for a board of supervisors by filing with the circuit court a petition containing the signatures of equal to at least ten percent (10%) of the voters registered in the county on January I preceding its filing.v The referendum may be held only in the year preceding the year in which a general election for supervisors is to be held.o Upon the filing of a petition, the circuit court enters an order directing the electoral board to hold a referendum on the date fixed in the order to consider the following question: Shall the members of the county board of supervisors be elected biennially for staggered four -year terms ?vii The notice is to be published once a week for four (4) consecutive weeks.viii Notice of the referendum is to be published in a newspaper having general circulation within the county.ix Additionally, a copy of the notice must be posted at the door of the courthouse for the county.x - - -- - - - i. 124.2 -219 of the Cade of Virginia, 1950, as amended it. §See. 1985 -1986 Rep, Att'y Gen. Ann. at 73; 1982.1983 Rep. Aify Gen. Ann. at 121. iii. 415.1 -504 of the Code of Virginia, 1950, as amended iv. M. Y- 824.2.219 of the Code of Virginia, 1950, a amended vi. §24.2 -221 of Ihx Code of Virginia, 1950, as amended vii. 124.2 -219 of the Code of Virginia 1950, as amended viii. Id. ix. 124.2 -219.A of the Code of Virginia 1950, as amended x. /d Page 2 of 3 P92 IMPLEMENTING STAGGERED TERMS If the referendum is successful and passed by a majority of the voters voting in the referendum, or if the Board of Supervisors by ordinance provides for staggered terms, the terms of the supervisors, at the next general election for supervisors, shall be as follows: A. METHODS OF DETERMINING STAGGER: Where the number of supervisors is an odd number, the smallest number of candidates which creates a majority of elected supervisors shall be elected for a term of four (4) years.%, The remaining successful candidates are elected for an initial term of two (2) years. As the Pittsylvania County Board of Supervisors consists of seven (7) members, the initial staggered election would have four (4) members elected for four (4) years, and three (3) members elected for two (2) years. After the initial election, all members run for four (4) year terms. .xi, Unless the number of members who volunteer to take two (2) year terms exactly equals the number of two (2) year terms to be assigned, whose terms are staggered is determined by lots drawn by the electoral board.xie The lots are drawn at the electoral board's meeting on the day after the election of the board of supervisors, and immediately upon certification of the election results.xi,- If, however, the Board of Supervisors provides, by ordinance or resolution adopted at least thirty (30) days prior to the last day for qualification of candidates, the electoral board may assign terms via drawing of lots at a meeting held prior to the last day for a person to qualify as a candidate.xv Due to Shelby County v- Holder, any election term change is not currently subject to preclearance by the United States Justice Department under Article V of the Voting Rights Act of 1965.xvi However, any election term change will require the revision of §84.1 of the Pittsylvania County Code (attached hereto as Exhibit "B ") and § 1.1 of the Pittsylvania County Board of Supervisors' By -Laws (attached hereto as Exhibit "C "). B. PROHIBITION AGAINST FURTHER REFERENDUMS: Once a referendum has been held, no further referendums on staggering terms or reverting to quadrennial elections may be held for a period of four (4) years.xvii. C. REVERTING TO QUADRENNIAL ELECTIONS: Staggered terms may be repealed by the following methods: (1) Where the staggered terms were adopted by ordinance, they may be repealed by either ordinance or affirmative referendum vote; and (2) Where the staggered terms were adopted by referendum, they may be repealed by referendum only.xviii. xi. 1242- 219nofthe code ofVireini41930, as amerWea- - - - - "- -- -- -- . xii rd. xfii. /d. xiv. /d. xv. /d. xvi. 570 U.S. 193 (2013) xvii. 124.2.221 orthe Code of Virginia, 1950, ax amended %viii. 124. 2 -220 orthe Code of Virginia, 1950, as amended Page 3 of 3 P93 . LIS > Code of Virginia > 24.2 -219 Page I of 2 prev I next § 24.2 -219. Alternative for biennial county supervisor elections and staggered terms. A. The governing body of any county may by ordinance provide that the county board of supervisors be elected biennially for staggered four -year terms. In lieu of an ordinance by the board of supervisors, the registered voters of the county may file a petition with the circuit court of the county requesting that a referendum be held on the question of whether the county board of supervisors should be elected biennially for staggered four -year terms. The petition shall be signed by registered voters equal in number to at least ten percent of the number registered in the county on the January I preceding its filing. The court pursuant to §§ 24.2_6a2 and 24.2 -684 shall order the election officials on a day fixed in the order to conduct a referendum on the question. The clerk of the court shall publish notice of the referendum in a newspaper having general circulation in the county once a week for four consecutive weeks and shall post a copy of the notice at the door of the courthouse of the county. The question on the ballot shall be: "Shall the members of the county board of supervisors be elected biennially for staggered four-year terms? (] Yes (J No" The referendum shall be held and the results certified as provided in § 24.2-664. B. If a majority of the voters voting in the referendum voted for biennial election of the members of the board of supervisors for staggered four -year terms, or if the governing body has so provided by ordinance, then the terms of supervisors elected at the next general election for supervisors shall be as follows: I. If the number of supervisors elected in the county is an even number, half of the successful candidates shall be elected for terms of four years and half of the successful candidates shall be elected for terms of two years; or 2. If the number of supervisors in the county is an odd number, the smallest number of candidates which creates a majority of the elected supervisors shall be elected for terms of four years and all other successful candidates shall be elected for terms of two years. Unless the number of members who volunteer to take two -year terms exactly equals the number of two -year terms to be assigned, the electoral board of the county shall assign the individual terms of members by lot at its meeting on the day following the election and immediately upon certification of the results. However, the electoral board may assign individual terms of members by election district in a drawing at a meeting held prior to the last day for a person to qualify as a candidate, if the governing body of the county so directs by ordinance or resolution adopted at least thirty days prior to the last day for qualification and members are elected by district. In all elections thereafter all successful candidates shall be elected for terns of four years. In any county where the chairman of the board is elected from the county at large pursuant to § t5_2_50 or § 15.2-802, the provisions of this section shall not affect that office. The chairman of the board shall be elected for a term of four years in 1995 and every four years thereafter. C. If the representation on the board of supervisors among the election districts is reapportioned, or the number of districts is diminished or the boundaries of the districts are changed, elections shall be held in each new district at the general election next preceding the expiration of the term of the office of the member of the board representing the predecessor district of each new district. If the number of districts is increased, the electoral board shall assign a two -year or four -year term for each new district so as to maintain as equal as practicable the number of members to be elected at each biennial election. http:/Aegi.state.va.us/cgi-bin/legp5O4.exe?000+cod+24.2-219 P94 � vi 9/12/2014 . LIS > Code of Virginia > 24.2 -219 Page 2 of 2 • (Code 1950, § 24 -157; 1968, c. 639; 1970, c. 462, § 24.1 -88; 1971, Ex. Sess., c. 265; 1973, c. 30; 1976, c. 616; 1981, c. 12; 1982, c. 650; 1993, c. 641; 2011, c. ate.) prey I oral 1 new search table of contents home http:/Aegl.state.va.us/cgi-bin/legp504.cxe?000+cod+24.2-219 P95 9/12/2014 Tunstall Magisterial District Beginning at the intersection of Sandy River with the corporate limits of the City of Danville; thence up Sandy River as it meanders in a westerly or northwesterly direction to the intersection of Sandy River with Secondary Route 863; thence with Route 863 in a southerly direction to the intersection of Route 863 with State Route 51; thence with Route 51 in a westerly direction to the intersection of Route 51 with the westbound lanes of U.S. Route 58 near Callahan's Hill; thence wit the westbound lanes of Route 58 in a westerly direction to the intersection of the westbound lanes of Route 58 with the Pittsylvania/Henry County Line; thence with the Pittsylvania -Henry County Line in a northerly direction to the intersection of the Pittsylvania -Henry County Line with State Route 57; thence with Route 57 in an easterly direction to the intersection of Route 57 with Secondary Route 818 at Grady; thence with Route 818 in an easterly direction to the intersection of Route 818 with State Route 41; thence with Route 41 in a southerly or southeasterly direction to the corporate limits of the City of Danville; thence with the corporate limits of Danville in a counterclockwise direction to the point of beginning. Westover Magisterial District Beginning at the intersection of the Virginia -North Carolina State Line with Dan River, south of Danville Municipal Airport; thence with the Virginia -North Carolina State Line in a westerly direction to the intersection of the Virginia -North Carolina State Line with the Pittsylvania -Henry County Line; thence with the Pittsylvania -Henry County Line in a northerly direction to the intersection of the Pittsylvania -Henry County Line with the westbound lane of U.S. Route 58; thence with the westbound lanes of Route 58 in an easterly direction to the intersection of the westbound lanes of U.S. Route 58 with State Route 51 near Callahan's Hill; thence with Route 51 in an easterly direction to the intersection of Route 51 with Secondary Route 863; thence with Route 863 in a northerly direction to the intersection of said Route 863 with Sandy River; thence down Sandy River as it meanders in an easterly or southeasterly direction to the intersection of Sandy River with the corporate limits of the City of Danville; in a counterclockwise direction following the corporate limits to the intersection of Dan River; thence with said Dan River in a southerly direction to the point of beginning. SEC. 8.4. SUPERVISORS/ELECTED SCHOOL BOARD. One (1) supervisor shall be elected from each election district created by the ordinance. One (I) school board member shall be elected from each district. (B.S.M. 1/2/90) SEC. 8 -4.1. TERMS OF OFFICE. Each of the seven (7) members of the Board of Supervisors shall be elected to serve a term of four (4) years, to commence on the first (I") day of January in the year following his or her election to the Board of Supervisors. Seven members of the Pittsylvania County School Board shall be elected in accordance with Section 22.1 - 57.3:1.2. (B.S.M. 5/17/11) P96 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Resolution 2014 -10 -04 — Industrial Maintenance; 1 10 -06 -2014 Southside Fund SUBJECT/PROPOSAL/REQUEST: STAFF CONTACT(S): Mr. Monday; Mr. Sides ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Resolution 2014 -10 -04 Summary from application ITEM NUMBER: 13 INFORMATION: INFORMATION: BACKGROUND: All Tobacco Commission applications require a Resolution of Support from the local governing body. At the September 16, 2014 Board of Supervisors meeting, Mr. Sides gave a brief summary of the three applications being prepared for submission to the Tobacco Commission; one for industrial maintenance and two for research and development. DISCUSSION: The applications are being finalized for submission at this time. Attached hereto is Resolution 2014 -10 -04 that would authorize the submission of an application for the FY 2015 Tobacco Commission Southside Economic Development Grant Program — Industrial Maintenance. RECOMMENDATION: Staff recommends the Board of Supervisors; (1) approve Resolution 2014- 10 -04, authorizing the submission of the application FY 2015 Tobacco Commission Southside Economic Development Grant Program — Industrial Maintenance, and (2) authorize the County Administrator to sign all necessary documentation in the application submittal process. P97 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY 2015 TOBACCO COMMISSION SOUTHSIDE ECONOMIC DEVELOPMENT GRANT PROGRAM — INDUSTRIAL MAINTENANCE 2014 -10 -04 At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Monday, October 6, 2014, the following resolution was presented and adopted. WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County, and WHEREAS, the Tobacco Indemnification and Community Revitalization Commission has developed a Southside Economic Development Grant Program to help tobacco related localities to change and revitalize their economy, and WHEREAS, grants from the Tobacco Indemnification and Community Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agro- business community, and WHEREAS, the Tobacco Indemnification and Community Revitalization Commission contracted with the Boston Consulting Group to study the skills that will be necessary to transform the tobacco region economy, and the study identified Industrial Maintenance as a key requirement for advanced manufacturers, then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application to the FY2015 Southside Economic Development Grant Program for the Pittsylvania County Career & Technical Center Industrial Maintenance Technology Program and authorizes the County Administrator to file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant and to be responsible for the accuracy of the application and for the appropriate use of funds, should they be granted. Given under my hand this 6th day of October, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence Monday, Clerk Pittsylvania County Board of Supervisors P98 Executive Summary: As part of its effort to create a pipeline of skilled workers in high- demand advanced manufacturing career pathways, DCC has developed dual enrollment partnerships with area high schools in the fields of Precision Machining Technology, Welding, and Industrial Maintenance /Mechatronics. To support the rigorous coursework in these highly specialized fields, participating schools must have labs that are outfitted with the current industry standard of equipment -- equipment that aligns with the curricula being offered by DCC. This proposal requests funding to outfit the Pittsylvania County Career & Technical Center with the mechatronics equipment necessary to support DCC's Industrial Maintenance /Mechatronics program curriculum. Problem, Opportunity, or Need: As the Dan River Region competes with other locales throughout America to cultivate new business opportunities for the region, economic developers struggle with the challenge of overcoming the low educational attainment levels in the region, as well as a shortage of skilled workers. In its January 2013 report to the Commission, the Boston Consulting Group identified three primary skills sectors in which the region would not be able to keep up with the employer demand for skilled workers. One of these areas is industrial maintenance /mechatronics. Proposed Solution: To support the need to create a skilled pool of workers as quickly as possible, DCC has developed a dual enrollment program that gives high school students the option to (1) be workforce ready for entry -level jobs immediately upon graduation, or (2) to be able to earn a two -year Associate of Applied Science degree with only one additional year of coursework at DCC. Both options also provide students opportunities to earn valuable industry credentials. This accelerated training incorporates DCC's rigorous industry- approved coursework into a high school setting, supported by hands -on experiential learning in on -site advanced manufacturing training labs. Significance of Project: The industry sector targeted by this funding request (Industrial Maintenance /Mechatronics) is not only a sector that has been identified as being in high demand by local employers (thus, ensuring jobs for program graduates), but it also provides wage scales that are above average for the region (thus, providing program graduates with positive career earning potential). In addition, the presence of a well - trained, ready -to -hire pool of workers will help set the Dan River Region apart from other locales competing for new industries, thus making the area much more competitive from an economic development standpoint. P99 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: T Resolution 2014 -10 -05 HE FY 2015 RESEARCH 10 -06 -2014 AND DEVELOPMENT PROGRAM TOBACCO APPLICATION SUBJECT/PROPOSAL/REOUEST• STAFF CONTACT(S): Mr. Monday; Mr. Sides ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Resolution 2014 -10 -05 Summary from application ITEM NUMBER: 14 INFORMATION: INFORMATION: 1 BACKGROUND: All Tobacco Commission applications require a Resolution of Support from the local governing body. At the September 16, 2014 Board of Supervisors meeting, Mr. Sides gave a brief summary of the three applications being prepared for submission to the Tobacco Commission; one for industrial maintenance and two for research and development. DISCUSSION: The applications are being finalized for submission at this time. Attached hereto is Resolution 2014 -10 -05 that would authorize the submission of an application for the FY 2015 Research and Development Program Application for Amthor International. On Friday afternoon at 2:45pm, Staff received an email (see attached) that Amthor International is going to pursue a different business strategy, and therefore, would not be submitting an application to the Tobacco Commission at this time. RECOMMENDATION: Staff recommends this item be removed from the agenda. P100 Sides From: MLevy @genedge.org Sent: Friday, October 03, 2014 2:45 PM To: Greg Sides Cc Brian Amthor Subject: Amthor resolution Hello Greg After an accelerated strategic planning process and multiple inputs from both Genedge and Sarah Capps, Amthor has decided just today that they are reconsidering developing the "low center of gravity" truck concept and pursuing the LNG truck concept instead. Therefore they will not need a resolution at this time. Instead they plan to work over the next six months to thoroughly develop and evaluate a scientific merit concept for the next round of TIC funding (probably to occur in May) based on the LNG concept. We plan to engage you then for support and will keep you posted as the planning develops. I'm sorry if this has caused any inconvenience and appreciate very much your working on this for Amthor and adding your up front advice. Sent from my iPhone 1 P101 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF THE FY 2015 RESEARCH AND DEVELOPMENT PROGRAM TOBACCO APPLICATION FOR PITTSYLVANIA COUNTY, VIRGINIA RESOLUTION 2014 -10 -05 At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Monday, October 6, 2014, the following resolution was presented and adopted. WHEREAS, Amthor International is the largest truck mounted tank manufacturer in North America and has operated its manufacturing facility since 1992 in the Callands- Gretna District of Pittsylvania County; and WHEREAS, Amthor International proposes to further diversify its business and expand to add a new and improved refined fuel delivery tank truck for the growing oil and gas field industry, a business expansion that would create approximately 30 new full -time employees within Pittsylvania County, improving the economic vitality of the entire region; and WHEREAS, this new business initiative will involve research, design, construction and testing of a new specialized fuel delivery vehicle in its state -of -the -art Gretna facility, creating a new economic growth opportunity for the company and its employees in Pittsylvania County; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County confirms that it supports this proposed business expansion project and agrees that an expanded and diversified company will benefit the citizens of Pittsylvania County; and BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application by Pittsylvania County to the Research and Development program, on behalf of Amthor International, and authorizes the County Administrator to review, approve and file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant; and BE IT STILL FURTHER RESOLVED, that in the event that the Tobacco Commission Research and Development grant is approved, that Pittsylvania County will serve as the required local fiscal agent for the grant with the clear understanding that no local matching funds will be required from Pittsylvania County and that no financial liability will be assumed by the County. Given under my hand this 6th day of October, 2014 Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence Monday, Clerk Pittsylvania County Board of Supervisors P102 Page 1 of 2 Project Brief: Amthor International "Improved Oilfield Tank Vessel" y Executive Summary Amthor International desires to research, develop, prototype and test an improved version of an existing refined fuel delivery tank truck for the oil and gas field industry. This product is in an established industry where trucks of this category transport refined fuel to storage vessels or distribution tankers. Oilfield operating conditions are notoriously harsh, and existing customers are demanding a new product that requires additional truck durability and operator safety features. Research and development emphasis will be placed on optimizing a lower center of gravity for measurably improved maneuverability and safety, focusing on onsite customer trials in actual operating conditions. 4 R &D Opportunity New mining of deposits in the U.S. has caused an increase in demand for oilfield equipment and trucks. The need for a redesigned product for this market is urgent: customers lack the attendant safety features demanded by this environment and competitors cannot offer a tank vessel /vehicle which addresses combined safety and warranty needs. Amthor is a fourth- generation market leader and current customers are asking for new product development which stands up to the harsh requirements and operates safely. Competitors in the industry are somewhat fragmented in their production processes and offerings, and generally do not have capability to offer R &D solutions that meet emergent market needs. The result is little in terms of new offerings for the industry, especially when very big problems such as this emerge. The rapid development of a new prototype with low center of gravity will ensure the need is addressed, and that Amthor penetrates this expanding market. •1, N oof of Concept We are looking to take an existing tank product and give it a complete overhaul to be able to handle these operating terrains. Our design concepts and manufacturing practices are best -in -class for this industry. Given the company's proven commercial history and the fact that customers are asking for this product, the concept is about as close to commercialization as an R &D effort could be, save for the requirements generation, concept and testing of the prototype, which represents a "new -to- market, first -in- industry" offering. Our domain of proposed design includes additional safety elements, thicker materials, and lower center of gravity. All manufacturing and R &D building will Prepared by Mike Levy (GENEDGE ALLIANCE) with source material available from Amthor International P103 Page 2 of 2 take place at Amthor's Gretna facility, a modern factory with the most sophisticated, proven computerized equipment on the market. 4 Proposed W&O Amthor will build a new demo unit and perform its standard production and quality testing during vehicle development, although extra testing and testing designs may be required. Design will emphasize a lower center of gravity, achievable by adjusting variables such as tank floor thickness, as well as thickness of other components. The shape and design of the vessel will also be re- configured and will require professional engineering oversight /investigation as well as specialized equipment. The demo unit will test extensively in actual customer oilfield locations. The lower center of gravity is expected to provide a safer, more maneuverable vehicle, as well as increased warranty effectiveness and lower operating costs. This product is targeted to an industry that is experiencing a tremendous economic boom and it looks to be that way for many years to come. As the largest manufacturer of these trucks in North America, this sector of the market is by far Amthor's largest and in the highest demand for anything that is built by the company. Amthor is growing each year in this market, which has also increased the demand for the trucks and manufacturing personnel. The total project cost is estimated at $850,000 — $i million, with Amthor source funding contributing 50% of the cost through commercial or private financing. The project is estimated to contribute 30+ new jobs in the commercialization phase to meet the demand. Prepared by Mike Levy (GENEOGE ALLIANCE) with source material available from Amthor International P104 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution 2014 -10 -06 — Capps Shoes; Research & Development Fund SUBJECT/PROPOSAL/REOUEST: STAFF CONTACT(S): Mr. Monday; Mr. Sides AGENDA DATE: 10 -06 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Resolution 2014 -10 -06 Summary from application ITEM NUMBER: 15 INFORMATION: BACKGROUND: All Tobacco Commission applications require a Resolution of Support from the local governing body. At the September 16, 2014 Board of Supervisors meeting, Mr. Sides gave a brief summary of the three applications being prepared for submission to the Tobacco Commission; one for industrial maintenance and two for research and development. The applications are being finalized for submission at this time. Attached hereto is Resolution 2014 -10 -06 that would authorize the submission of an application for the FY 2015 Research and Development Program Tobacco Application; Capps Shoes. Staff recommends the Board of Supervisors; (1) approve Resolution 2014- 10 -06, authorizing the submission of the FY 2015 Research and Development Program Tobacco Application; Capp Shoes, and (2) authorize the County Administrator to sign all necessary documentation in the application submittal process. P105 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF THE FY 2015 RESEARCH AND DEVELOPMENT PROGRAM TOBACCO APPLICATION FOR PITTSYLVANIA COUNTY, VIRGINIA RESOLUTION 2014 -10 -06 At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Monday, October 6, 2014, the following resolution was presented and adopted. WHEREAS, Capps Shoe Company, Inc. is an existing successful business that has been producing men's and women's military dress shoes since 1994 in the Callands- Gretna District of Pittsylvania County; and WHEREAS, Capps Shoe Company, Inc. proposes to diversify its business and expand to add lightweight, comfort casual footwear for both men and women, a business expansion that would retain approximately 15 existing jobs and create approximately 20 new full -time employees within Pittsylvania County, improving the economic vitality of the entire region; and WHEREAS, this new business initiative will involve designing and testing a new manufacturing process and investment in a new state -of -the -art Dual Density Direct Soling Machine, which will open a new footwear market for the company and its employees in Pittsylvania County; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County confirms that it supports this proposed business expansion project and agrees that an expanded and diversified company will benefit the citizens of Pittsylvania County; and BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application by Pittsylvania County to the Research and Development program, on behalf of Capps Shoe Company, Inc., and authorizes the County Administrator to review, approve and file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant; and BE IT STILL FURTHER RESOLVED, that in the event that the Tobacco Commission Research and Development grant is approved, that Pittsylvania County will serve as the required local fiscal agent for the grant with the clear understanding that no local matching funds will be required from Pittsylvania County and that no financial liability will be assumed by the County. Given under my hand this 6th day of October, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence Monday, Clerk Pittsylvania County Board of Supervisors P106 Page I of 2 Project Briefs Capps Shoe " "Dual Density Direct Soling With TPU" The high costs of manufacturing shoes with thermoplastic polyurethane ( "TPU ") historically prevented small U.S. manufacturers from competing in profitable footwear categories. Proven technology -- combined with breakthrough low density TPU from Huntsman (0.30 — 0.35 g /cm3) — allows Capps Shoe to become the only known domestic source of flexible, lightweight casual shoes at prices that compete with foreign suppliers. Capps will complete Prototypes and Fit Trials using "Dual Density Direct Soling," a proven production technology utilizing emergent, low- density thermoplastic polyurethane (TPU) midsole material. This creates a highly durable shoe construction with superior energy return, versus ethyl vinyl acetate — the most common, low -cost midsole material. 4 R &D Opportunity After many years of development, Huntsman recently introduced a new lightweight Polyether PU Soling system: DALTOPED® LITE TECHNOLOGY, an ultra - lightweight, cost- effective and highly versatile alternative to ethyl vinyl acetate (EVA). It combines the low- density needed to make shoes comfortable with excellent mechanical properties needed for consumers in the casual, lightweight, flexible shoe category. Mid -sole and Out -sole colors can be changed from one injection to the next as required without the need for labor- intensive flushing of the chemical supply lines. This will give Capps Shoe Company affordable fashion capability in Virginia, plus the ability to be responsive to emerging footwear trends and demand with outstanding speed to market and a constant flow of fresh experiences for consumers. At the same time Capps will identify new channels of distribution and supply product for "Just in Time" deliveries to the end user. .? Proposed R &D Capps will design and test a new manufacturing process that utilizes a Dual Density Direct Soling machine from Desma combined with DALTOPED® LITE TECHNOLOGY. Research will emphasize: (i) design of molds and lasts based on critical -to- quality customer requirements derived from rigorous market research; (ii) reconfiguration of Gretna factory and processes to optimize production; and (iii) extensive prototype testing, including the fabrication of molded test plaques that will be sent to the chemical supplier for physical testing. Abrasion tests, flex crack tests and aged hydrolysis testing will also be performed on new prototypes. Prepared by Mike Levy (GENEDGE ALLIANCE) with source material from Capps Shoe P107 Page 2 Of 2 -i Proof of Concept Direct Soling itself is well proven in the global footwear industry but is yet to be implemented in the USA within this product category. Direct Soling production is a highly economical method of shoe production whereby the shoe sole is injected directly onto the upper using an automated polyurethane injection machine. Direct Soling is a fast, high quality process which has been commercialized globally for decades, but not with TPU material in the U.S. Desma, a respected German firm in business since 1946, are the industry experts in Direct Soling Technology and will provide, install and commission a turn-key dual density direct soling machine and ancillary robotic automation. Huntsman Polyurethanes is a global manufacturer of specialized polyurethane chemicals and will provide a recently developed, specialized PU soling compound that will facilitate the production of super - lightweight sole units. The total project investment estimate is still underway, but is currently estimated at $1.75 — 2mm. Capps Shoe has a documented commitment from American National Bank of Danville to provide financing for the Capps Shoe match portion of the total project cost. Impact in the first six months of commercialization is expected to be 20 -25 jobs. After one year, and as ramp up continues, an additional 25 jobs to support increased production. Some of these jobs will be new to the company and require new, highly technical skills with new machinery and robotics control skills. The emerging market for this technology is in high demand and additional jobs are quite possible as the new capability set will give Capps access to other, growing markets, including athletic shoes. Prepared by Mike Levy (GENEDGE ALLIANCE) with source material from Capps Shoe P108 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Voting Credentials — Virginia Association of Counties 10 -06 -2014 16 (VACo) ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Yes Voting Credentials for Annual Meeting CONSENT AGENDA: STAFF CONTACT(S): ACTION: INFORMATION: Mr. Monday ATTACHMENTS: Yes n REVIEWED BY: BACKGROUND: The Board of Supervisors will be attending their annual meeting for the Virginia Association of Counties (VACo) at the Homestead Omini November 9 -11, 2014. Each year the Board of Supervisors votes to approve the authorized credentials for the representatives of Pittsylvania County. Attached hereto is the voting credential form for the annual meeting. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. In the past, the Board has approved the Chair to be listed as the authorized voting delegate for Pittsylvania County and the alternate be the Vice - Chair. P109 President Harrison A. Moody Dinwiddie County President -Elect Penelope A. Gross Fairfax County First Vice President David V. Hutchins Carroll County Second Vice President Judy S. Lyttle Surry County Secretary- Treasurer Donald L. Hart, Jr. Accomack County Immediate Past President John D. Miller Middlesex County Executive Director James D. Campbell, CAE General Counsel Phyllis A. Emco, Esq., CAE 1207 E. Main St., Suite 300 Richmond, Va. 23219 -3627 Phone: 804.788.6652 Fax: 804.788.0083 E -mail: mail @vaco.org Web site: www.vaco.org Virginia Association of Counties Connecting County Governments since 1934 TO: Chairs, County Board of Supervisors County Chief Administrative Officers FROM: James D. Campbell, Executive Director RE: Voting Credentials for the Annual Business Meeting DATE: September 10, 2014 ..r Virginia Association of Counties The 2014 Annual Business Meeting of the Virginia Association of Counties will be held on Tuesday, November 11, from I 1 a.m. to Noon at The Homestead in Bath County. Article VI of the VACo ByLaws states that each county shall designate a representative of its board of supervisors to cast its vote(s) at the Annual Business Meeting. However, if a member of the board of supervisors cannot be present for this meeting, the Association's ByLaws allow a county to designate a non - elected official from your county or a member of a board of supervisors from another county to cast a proxy vote(s) for your county. For your county to be certified to vote at the Annual Business Meeting, (1) your annual dues must be paid in full and (2) either a completed Voting Credentials Form or a Proxy Statement must be submitted to VACo by November 1, 2014. Alternatively, this information may be submitted to the Credentials Committee at its meeting on Monday, November 10, at 1 p.m. in the Monroe Room, or to the conference registration desk before this meeting. NOMINATING COMMITTEE The Nominating Committee will meet at 5 p.m. in the Wilson Room on Monday, November 10 during VACo's Annual Conference at The Homestead. The committee is charged to nominate a candidate for President - Elect, First Vice President, Second Vice President, and Secretary- Treasurer to be elected at the Annual Business Meeting. Please send your expressions of interest and nominations to the Committee or to VACo's Executive Director. REGIONAL DIRECTORS Pursuant to VACo's By -Laws, "regional directors shall be selected at the Annual Meeting by the member counties located within the region which the director will represent." Regional caucuses will be scheduled during the Annual Meeting to select directors. Incumbent regional directors should chair the caucuses. Reports should be given to VACo's Executive Director by 6 p.m. on Monday, November 10. The attached list shows the regional directors that must be selected. Attachments cc: VACo Board of Directors Nominations Committee Pilo Voting Delegate: (Supervisor) Title Locality Alternate Delegate: (Supervisor) Name Title Locality Certified by: (Clerk of the Board) Name Title Locality VACo 2014 Annual Meeting Voting Credentials Form Form may be returned by mail or fax (804- 788 -0083) VACo 2014 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 2014 Annual Meeting of the Virginia Association of Counties on November 11, 2014. a non - elected official of this county. -OR- a supervisor from This authorization is: Uninstructed. The proxy may use his /her discretion to cast to come before the annual meeting. Instructed. The proxy is limited in how he /she may cast on which he /she may cast those votes and how he /she should vote are: (List issues and instructions on the back of this form) Certified by: Title Locality Pill County. County's votes on any issue County's votes. The issues n Region 1 ..................... William A. Robertson, Jr. (Prince George County) Region 3 .....................Patricia S. O'Bannon (Henrico County) Region 5 .....................Mozell H. Booker (Fluvanna County) Region 6 .....................J. Michael Hobert (Clarke County) Region 7 ..................... Wayne A. Acors (Caroline County) Region 8 .....................Gerry W. Hyland (Fairfax County) Region 8 .....................J. Walter Tejada (Arlington County) Region 8 .....................Sharon S. Bulova (Fairfax County) Region 8 ..................... Scott K. York (Loudoun County) Region 10 ....................Gary W. Tanner (Appomattox County) Region 11 ....................Charlotte A. Moore (Roanoke County) Region 12 ...................Timothy A. Reeves,. Sr. (Wythe County) P112 AGENDA TITLE: PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: 10 -06 -14 Expenditure Refunds- Requires a motion and a 10 -day ACTION: layover I Yes SUBJECT/PROPOSALIREOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: CONSENT AGENDA: ITEM NUMBER: 17 INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: DISCUSSION: Attached is a list of expenditure refunds for the month of September 2014 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of $10,036.18 as follows: $51.33 to County Attorney - Office Supplies (100 -4- 012210- 6001), $16.00 to Finance - Printing (100 -4- 012430 - 3500), $15.00 to Finance -Office Supplies (100 -4- 012430 - 6001), $199.67 to Clerk of Courts- Copier Lease (100 -4- 021600 - 60051), $10.00 to Sheriff- Subsistence & Lodging (100 -4- 031200 - 5530), $29.01 to Sheriff -Fuel (100 -4- 031200 - 6008), $1,011.31 to Sheriff -Parts (100 -4- 031200 - 6030), $717.20 to Sheriff -Labor (100-4-031200-6031), $379.50 to Extradition (100-4-033100-5550), $20.00 to Animal Control- Donations (100-4-035100-5883), $20.00 to CPMT - Office Supplies (100 -4- 053500- 6001), $7,551.85 to WIA -Other Operating (251 -4- 353853- 6014), $15.31 to Landfill - Telephone (520 -4- 042400 - 5230). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P113 PITTSYLVANIA COUNTY Finance Department P. O. Box 426 Chatham, Virginia 24531 VIRGINIA MEMO TO: Clarence C. Monday County Administrator FROM: Kim Van Der Hyde Finance Director SUBJECT: September Expenditure Refunds DATE: October 2, 2014 Phone 1434) 432 -7740 Fax )434) 432 -7746 Gretna /Hurt 14341656 -6211 Bachelors Hall /Whitmell (434) 797 -9550 The list below shows all expenditure refunds that were sent to the Finance Department during the month of September. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100 -4- 012210 -6001 County Attorney - Office Supply 51.33 FOIA payments 100 -4- 012430 -3500 Finance - Printing 16.00 Reimbursement 100 -4- 012430 -6001 Finance- Office Supplies 15.00 Reimbursement 100 -4- 021600 -60051 Clerk of Court- Copier Lease 199.67 Reimbursement 100 -4- 031200 -5530 Sheriff - Subsistence & Lodging 10.00 Reimbursement 100 -4- 031200 -6008 Sheriff -Fuel 29.01 Reimbursement 1004- 031200 -6030 Sheriff -Parts 1,011.31 Insurance Claim/Restitution 100 -4- 031200 -6031 Sheriff -Labor 717.20 Insurance Claim 100 -4- 033100 -5550 Extradition 379.50 P114 100 -4- 035100 -5883 Animal Control- Donations 20.00 Donation 100 -4- 053500 -6001 CPMT - Office Supplies 20.00 Rebate 251 -4- 353853 -6014 WIA -Rent 7,551.85 Rent Payments (251 -3- 000000 - 150201) 520 -4- 042400 -5230 Landfill - Telephone Reimbursement TOTAL SEPTEMBER EXPENDITURE REFUNDS P115 15.31 $10,036.18 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Section 125 Flexible Benefit Plan Adoption 10 -06 -2014 Agreement SUBJECT/PROPOSAL/REOUEST: Agreement STAFF CONTACT(S): Mr. Monday ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 18 INFORMATION: INFORMATION: ATTACHMENTS: Section 125 Flexible Benefit Plan Adoption Agreement REVIEWED BY: BACKGROUND: Each year the entity must approve the Section 125 Flexible Benefit Adoption Agreement which is submitted to Pittsylvania County for ratification. DISCUSSION: Attached hereto the current benefit plan year that begins October 1, 2014 and ends on September 30, 2015. RECOMMENDATION: Staff recommends the Board of Supervisors ratify the Sectionl25 Flexible Benefit Adoption Agreement and authorize the County Administrator to sign any necessary documentation. P116 SECTION 125 FLEXIBLE BENEFIT PLAN ADOPTION AGREEMENT The undersigned Employer hereby adopts the Section 125 Flexible Benefit Plan for those Employees who shall qualms as Participants hereunder. The Employer hereby selects the following Plan specifications: A. EMPLOYER INFORMATION Name of Employer: Address: Employer Identification Number: Nature of Business: Name of Plan: Plan Number: B. EFFECTIVE DATE Original effective date of the Plan: If Amendment to existing plan, effective date of amendment: Pittsylvania County Board of Supervisors PO Box 426 Chatham, VA 24531 54- 6001508 County Government Pittsylvania County Board of Supervisors Flexible Benefit Plan All Employees 501 July 1, 1993 October 1, 2014 C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION Eligibility requirements for each component plan under this Section 125 document will be applicable and, if different, will be listed in Item F. F13 Length of Service: First day of the month following 30 days of service Retiree Wording: N/A Minimum Hours: All employees with 40 hours of service or more each week. An hour of service is each hour for which an employee receives, or is entitled to receive, payment for performance of duties for the Employer. Age: Minimum age of 0 years. PLAN YEAR The current plan year will begin on October 1, 2014 and end on September 30, 2015. Each subsequent plan year will begin on October 1 and end on September 30. P117 2 E. EMPLOYER CONTRIBUTIONS Non - Elective Contributions: Elective Contributions (Salary Reduction): P118 The maximum amount available to each Participant for the purchase of elected benefits with non - elective contributions will be: Employer pays $5,753.28 per year for Medical Insurance. $144.00 per year for Dental Insurance. The Employer may at its sole discretion provide a non - elective contribution to provide benefits for each Participant under the Plan. This amount will be set by the Employer each Plan Year in a uniform and non - discriminatory manner. If this non - elective contribution amount exceeds the cost of benefits elected by the Participant, excess amounts will not be paid to the Participant as taxable cash. The maximum amount available to each Participant for the purchase of elected benefits through salary reduction will be: 100% of compensation per entire plan year. Each Participant may authorize the Employer to reduce his or her compensation by the amount needed for the purchase of benefits elected, less the amount of non- elective contributions. An election for salary reduction will be made on the benefit election form. 3 F. AVAILABLE BENEFITS: Each of the following components should be considered a plan that comprises this Plan. 1. Group Medical Insurance -- The terms, conditions, and limitations for the Group Medical Insurance will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document) Blue Cross/Blue Shield Group #41302 -001 Anthem Blue Cross/Blue Shield American Fidelity Assurance Company Accident Eligibility Requirements for Participation, if different than Item C. 2. Disability Income Insurance -- The terms, conditions, and limitations for the Disability Income Insurance will be as set forth in the insurance policy or policies described below: (See Section VI of the Plan Document) American Fidelity Assurance Company 017 Kind Series Aflac 6/12/18 month short term disability Colonial Comp Accident - N Series Eligibility Requirements for Participation, if different than Item C. 3. Cancer Coverage -- The terms, conditions, and limitations for the Cancer Coverage will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document) American Fidelity Assurance Company C -6 and all subsequent plans Aflac Group #51000, #52000, #53000, #54000 and #55000 Colonial Cancer Response P119 Eligibility Requirements for Participation if different than Item C 4. Dental/Vision Insurance -- The terms, conditions, and limitations for the Dental /Vision Insurance will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document) Delta Dental Dental Anthem Vision Eligibility Requirements for Participation if different than Item C 5. Group Life Insurance which will be comprised of Group term life insurance and Individual term life insurance under Section 79 of the Code. The terms, conditions, and limitations for the Group Life Insurance will be as set forth in the insurance policy or policies described below: (See Section VII of the Plan Document) Individual life coverage under Section 79 is available as a benefit, and the face amount when combined with the group -term life, if any, may not exceed $50,000. American Fidelity Assurance Company 5 Year Term Eligibility Requirements for Participation if different than Item C 6. Dependent Care Assistance Plan -- The terms, conditions, and limitations for the Dependent Care Assistance Plan will be as set forth in Section IX of the Plan Document and described below: Minimum Contribution - $300.00 per Plan Year Maximum Contribution - $5000.00 per Plan Year Recordkeeper: American Fidelity Assurance Company Eligibility Requirements for Participation if different than Item C N/A Medical Expense Reimbursement Plan -- The terms, conditions, and limitations for the Medical Expense Reimbursement Plan will be as set forth in Section VIII of the Plan Document and described below: Minimum Coverage - $300.00 per Plan Year or a Prorated Amount for a Short Plan Year P120 Maximum Coverage - $2400.00 per Plan Year or a Prorated Amount for a Short Plan Year Recordkeeper: American Fidelity Assurance Company Restrictions: As outlined in Policy G- 905/Rl. Grace Period: The Provisions in Section 8.06 of the Plan to permit a Grace Period of 70 days with respect to the Medical Expense Reimbursement Plan are not elected. Carryover: The Provisions in Section 8.07 of the Plan to permit a Carryover with respect to the Medical Expense Reimbursement Plan are elected. Eligibility Requirements for Participation if different than Item C 8. Health Savings Accounts — The Plan permits contributions to be made to a Health Savings Account on a pretax basis in accordance with Section X of the Plan and the following provisions: HSA Trustee — N/A Maximum Contribution — N/A Limitation on Eligible Medical Expenses — For purposes of the Medical Reimbursement Plan, Eligible Medical Expenses of a Participant that is eligible for and elects to participate in a Health Savings Account shall be limited to expenses for: N/A Eligibility Requirements for Participation if different than Item C a. An Employee must complete a Certification of Health Savings Account Eligibility which confirms that the Participant is an eligible individual who is entitled to establish a Health Savings Account in accordance with Code Section 223(c)(1). b. Eligibility for the Health Savings Account shall begin on the later of (i) first day of the month coinciding with or next following the Employee's commencement of coverage under the High Deductible Health Plan, or (ii) the first day following the end of a Grace Period available to the Employee with respect to the Medical Reimbursement Accounts that are not limited to vision and dental expenses (unless the participant has a $0.00 balance on the last day of the plan year). C. An Employee's eligibility for the Health Savings Account shall be determined monthly. C P121 The Plan shall be construed, enforced, administered, and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974, (as amended) if applicable, the Internal Revenue Code of 1986 (as amended), and the laws of the State of Virginia. Should any provision be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only, will be deemed not to include the provision determined to be void. This Plan is hereby adopted this First day of October 2014 Pittsylvania County Board of Supervisors - 501 (Name of Employer) Witness: By Title: Title: County Administrator APPENDIX A Related Employers that have adopted this Plan Name(s): THIS DOCUMENT IS NOT COMPLETE WITHOUT SECTIONS I THROUGH XIII PD — 05/14 Document ID # 60563 MCP #58122 Effective Date: 10 /01/2014 9/6/14 12:20 AM P122 SECTION 125 FLEXIBLE BENEFIT PLAN SECTION I PURPOSE The Employer is establishing this Flexible Benefit Plan in order to make a broader range of benefits available to its Employees and their Beneficiaries. This Plan allows Employees to choose among different types of benefits and select the combination best suited to their individual goals, desires, and needs. These choices include an option to receive certain benefits in lieu of taxable compensation. In establishing this Plan, the Employer desires to attract, reward, and retain highly qualified, competent Employees, and believes this Plan will help achieve that goal. It is the intent of the Employer to establish this Plan in conformity with Section 125 of the Internal Revenue Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal Revenue Service. This Plan will grant to eligible Employees an opportunity to purchase qualified benefits which, when purchased alone by the Employer, would not be taxable. SECTION II DEFINITIONS The following words and phrases appear in this Plan and will have the meaning indicated below unless a different meaning is plainly required by the context: 2.01 Administrator The Employer unless another has been designated in writing by the Employer as Administrator within the meaning of Section 3(16) of ERISA (if applicable). 2.02 Beneficiary Any person or persons designated by a participating Employee to receive any benefit payable under the Plan on account of the Employee's death. 2.02a Carryover The amount equal to the lesser of (a) any unused amounts from the immediately preceding Plan Year or (b) five hundred dollars ($500), except that in no event may the Carryover be less than five dollars ($5). 2.03 Code Internal Revenue Code of 1986, as amended. 2.04 Dependent Any of the following: (a) Tax Dependent: A Dependent includes a Participant's spouse and any other person who is a Participant's dependent within the meaning of Code Section 152, provided that, with respect to any plan that provides benefits that are excluded from an Employee's income under Code Section 105, a Participant's dependent (i) is any person within the meaning of Code Section 152, determined without regard to Subsections (b)(1), (b)(2), and (d)(1)(B) thereof, and (ii) includes any child of the Participant to whom 0 P123 Code Section 152(e) applies (such child will be treated as a dependent of both divorced parents). (b) Student on a Medically Necessary Leave of Absence: With respect to any plan that is considered a group health plan under Michelle's Law (and not a HIPAA excepted benefit under Code Sections 9831(b), (c) and 9832(c)) and to the extent the Employer is required by Michelle's Law to provide continuation coverage, a Dependent includes a child who qualifies as a Tax Dependent (defined in Section 2.04(a)) because of his or her full - time student status, is enrolled in a group health plan, and is on a medically necessary leave of absence from school. The child will continue to be a Dependent if the medically necessary leave of absence commences while the child is suffering from a serious illness or injury, is medically necessary, and causes the child to lose student status for purposes of the group health plan's benefits coverage. Written physician certification that the child is suffering from a serious illness or injury and that the leave of absence is medically necessary is required at the Administrator's request. The child will no longer be considered a Dependent as of the earliest date that the child is no longer on a medically necessary leave of absence, the date that is one year after the first day of the medically necessary leave of absence, or the date benefits would otherwise terminate under either the group health plan or this Plan. Terms related to Michelle's Law, and not otherwise defined, will have the meaning provided under the Michelle's Law provisions of Code Section 9813. (c) Adult Children: With respect to any plan that provides benefits that are excluded from an Employee's income under Code Section 105, a Dependent includes a child of a Participant who as of the end of the calendar year has not attained age 27. A `child' for purpose of this Section 2.04(c) means an individual who is a son, daughter, stepson, or stepdaughter of the Participant, a legally adopted individual of the Participant, an individual who is lawfully placed with the Participant for legal adoption by the Participant, or an eligible foster child who is placed with the Participant by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. An adult child described in this Section 2.04(c) is only a Dependent with respect to benefits provided after March 30, 2010 (subject to any other limitations of the Plan). Dependent for purposes of the Dependent Care Reimbursement Plan is defined in Section 9.04(a). 2.05 Effective Date The effective date of this Plan as shown in Item B of the Adoption Agreement. 2.06 Elective Contribution The amount the Participant authorizes the Employer to reduce compensation for the purchase of benefits elected. o P124 2.07 Eligible Employee Employee meeting the eligibility requirements for participation as shown in Item C of the Adoption Agreement. 2.08 Employee Any person employed by the Employer on or after the Effective Date. 2.09 Employer The entity shown in Item A of the Adoption Agreement, and any Related Employers authorized to participate in the Plan with the approval of the Employer. Related Employers who participate in this Plan are listed in Appendix A to the Adoption Agreement. For the purposes of Section 11.01 and 11.02, only the Employer as shown in Item A of the Adoption Agreement may amend or terminate the Plan. 2.10 Employer Contributions Amounts that have not been actually received by the Participant and are available to the Participant for the purpose of selecting benefits under the Plan. This term includes Non - Elective Contributions and Elective Contributions through salary reduction. 2.11 Entry Date The date that an Employee is eligible to participate in the Plan. 2.12 ERISA The Employee Retirement Income Security Act of 1974, Public Law 93- 406 and all regulations and rulings issued thereunder, as amended (if applicable). 2.13 Fiduciary The named fiduciary shall mean the Employer, the Administrator and other parties designated as such, but only with respect to any specific duties of each for the Plan as may be set forth in a written agreement. 2.14 Health Savings Account A "health savings account' as defined in Section 223(d) of the Internal Revenue Code of 1986, as amended established by the Participant with the HSA Trustee. 2.15 HSA Trustee The Trustee of the Health Savings Account which is designated in Section F.8 of the Adoption Agreement. 2.16 Highly Compensated Any Employee who at any time during the Plan Year is a "highly compensated employee" as defined in Section 414(q) of the Code. 2.17 High Deductible Health A health plan that meets the statutory requirements for annual deductibles Plan and out -of- pocket expenses set forth in Code section 223(c)(2). 2.18 HIPAA The Health Insurance Portability and Accountability Act of 1996, as amended. 2.19 Insurer Any insurance company that has issued a policy pursuant to the terms of this Plan. 2.20 Key Employee Any Participant who is a "key employee" as defined in Section 416(i) of the Code. 10 P125 2.21 Non - Elective A contribution amount made available by the Employer for the Contribution purchase of benefits elected by the Participant. 2.22 Participant An Employee who has qualified for Plan participation as provided in Item C of the Adoption Agreement. 2.23 Plan The Plan referred to in Item A of the Adoption Agreement as may be amended from time to time. 2.24 Plan Year The Plan Year as specified in Item D of the Adoption Agreement. 2.25 Policy An insurance policy issued as a part of this Plan. 2.26 Preventative Care Medical expenses which meet the safe harbor definition of "preventative care" set forth in IRS Notice 2004 -23, which includes, but is not limited to, the following: (i) periodic health evaluations, such as annual physicals (and the tests and diagnostic procedures ordered in conjunction with such evaluations); (ii) well -baby and /or well -child care; (iii) immunizations for adults and children; (iv) tobacco cessation and obesity weight -loss programs; and (v) screening devices. However, preventative care does not generally include any service or benefit intended to treat an existing illness, injury or condition. 2.27 Recordkeeper The person designated by the Employer to perform recordkeeping and other ministerial duties with respect to the Medical Expense Reimbursement Plan and/or the Dependent Care Reimbursement Plan. 2.28 Related Employer Any employer that is a member of a related group of organizations with the Employer shown in Item A of the Adoption Agreement, and as specified under Code Section 414(b), (c) or (m). SECTION III ELIGIBILITY, ENROLLMENT, AND PARTICIPATION 3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility requirements of Item C of the Adoption Agreement will be eligible to participate in the Plan on the Entry Date specified or the Effective Date of the Plan, whichever is later. Dependent eligibility to receive benefits under any of the plans listed in Item F of the Adoption Agreement will be described in the documents governing those benefit plans. To the extent a Dependent is eligible to receive benefits under a plan listed in Item F, an Eligible Employee may elect coverage under this Plan with respect to such Dependent. Notwithstanding the foregoing, life insurance coverage on the life of a Dependent may not be elected under this Plan. 3.02 ENROLLMENT: An eligible Employee may enroll (or re- enroll) in the Plan by submitting to the Employer, during an enrollment period, an Election Form which specifies his or her benefit elections for the Plan Year and which meets such standards for completeness and accuracy as the Employer may establish. A Participant's Election Form shall be completed prior to the beginning of the Plan Year, and 11 P126 shall not be effective prior to the date such form is submitted to the Employer. Any Election Form submitted by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates: the date the Participant terminates participation in the Plan; or, the effective date of a subsequently filed Election Form. A Participant's right to elect certain benefit coverage shall be limited hereunder to the extent such rights are limited in the Policy. Furthermore, a Participant will not be entitled to revoke an election after a period of coverage has commenced and to make a new election with respect to the remainder of the period of coverage unless both the revocation and the new election are on account of and consistent with a change in status, or other allowable events, as determined by Section 125 of the Internal Revenue Code and the regulations thereunder. 3.03 TERMINATION OF PARTICIPATION: A Participant shall continue to participate in the Plan until the earlier of the following dates: a. The date the Participant terminates employment by death, disability, retirement or other separation from service; or b. The date the Participant ceases to work for the Employer as an eligible Employee; or C. The date of termination of the Plan; or d. The first date a Participant fails to pay required contributions while on a leave of absence. 3.04 SEPARATION FROM SERVICE: The existing elections of an Employee who separates from the employment service of the Employer shall be deemed to be automatically terminated and the Employee will not receive benefits for the remaining portion of the Plan Year. 3.05 QUALIFYING LEAVE UNDER FAMILY LEAVE ACT: Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant's existing coverage under the Plan with respect to benefits under Section V and Section VIII of the Plan on the same terms and conditions as though he were still an active Employee. If the Employee opts to continue his coverage, the Employee may pay his Elective Contribution with after - tax dollars while on leave (or pre -tax dollars to the extent he receives compensation during the leave), or the Employee may be given the option to pre -pay all or a portion of his Elective Contribution for the expected duration of the leave on a pre -tax salary reduction basis out of his pre -leave compensation (including unused sick days or vacation) by making a special election to that effect prior to the date such compensation would normally be made available to him (provided, however, that pre -tax dollars may not be utilized to fund coverage during the next plan year), or via other arrangements agreed upon between the Employee and the Administrator (e.g., the Administrator may fund coverage during the leave and withhold amounts upon the Employee's return). Upon return from such leave, the Employee will be permitted to reenter the Plan on the same basis the Employee was participating in the Plan prior to his leave, or as otherwise required by the FMLA. SECTION IV CONTRIBUTIONS 4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the benefits elected under the Plan with funds from the sources indicated in Item E of the Adoption Agreement. The Employer 12 P127 Contribution may be made up of Non - Elective Contributions and /or Elective Contributions authorized by each Participant on a salary reduction basis. 4.02 IRREVOCABILITY OF ELECTIONS: A Participant may file a written election form with the Administrator before the end of the current Plan Year revising the rate of his contributions or discontinuing such contributions effective as of the first day of the next following Plan Year. The Participant's Elective Contributions will automatically terminate as of the date his employment terminates. Except as provided in this Section 4.02 and Section 4.03, a Participant's election under the Plan is irrevocable for the duration of the plan year to which it relates. The exceptions to the irrevocability requirement which would permit a mid -year election change in benefits and the salary reduction amount elected are set out in the Treasury regulations promulgated under Code Section 125, which include the following: (a) Change in Status. A Participant may change or revoke his election under the Plan upon the occurrence of a valid change in status, but only if such change or termination is made on account of, and is consistent with, the change in status in accordance with the Treasury regulations promulgated under Section 125. The Employer, in its sole discretion as Administrator, shall determine whether a requested change is on account of and consistent with a change in status, as follows: (1) Change in Employee's legal marital status, including marriage, divorce, death of spouse, legal separation, and annulment; (2) Change in number of Dependents, including birth, adoption, placement for adoption, and death; (3) Change in employment status, including any employment status change affecting benefit eligibility of the Employee, spouse or Dependent, such as termination or commencement of employment, change in hours, strike or lockout, a commencement or return from an unpaid leave of absence, and a change in work site. If the eligibility for either the cafeteria Plan or any underlying benefit plans of the Employer of the Employee, spouse or Dependent relies on the employment status of that individual, and there is a change in that individual's employment status resulting in gaining or losing eligibility under the Plan, this constitutes a valid change in status. This category only applies if benefit eligibility is lost or gained as a result of the event. If an Employee terminates and is rehired within 30 days, the Employee is required to step back into his previous election. If the Employee terminates and is rehired after 30 days, the Employee may either step back into the previous election or make a new election; (4) Dependent satisfies, or ceases to satisfy, Dependent eligibility requirements due to attainment of age, gain or loss of student status, marriage or any similar circumstances; and (5) Residence change of Employee, spouse or Dependent, affecting the Employee's eligibility for coverage. (b) Special Enrollment Rights. If a Participant or his or her spouse or Dependent is entitled to special enrollment rights under a group health plan (other than an excepted benefit), as required by HIPAA under Code Section 9801(f), then a Participant may revoke a prior election for group health plan coverage and make a new election, provided that the election change corresponds with such HIPAA special enrollment right. As required by HIPAA, a special enrollment right will arise in the following circumstances: (i) a Participant or his or her spouse or Dependent declined to enroll in group health plan coverage because he or she had coverage, and eligibility for such coverage is subsequently lost because the coverage was provided under COBRA and the COBRA coverage was exhausted, or the coverage was non -COBRA coverage and the coverage terminated due to loss of eligibility for coverage or the employer contributions for the coverage were terminated; (ii) a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption; (iii) the Participant's or his or her spouse's or Dependent's coverage under a Medicaid plan or under a 13 P128 children's health insurance program (CHIP) is terminated as a result of loss of eligibility for such coverage and the Participant requests coverage under the group health plan not later than 60 days after the date of termination of such coverage; or (iv) the Participant, his or her spouse or Dependent becomes eligible for a state premium assistance subsidy from a Medicaid plan or through a state children's insurance program with respect to coverage under the group health plan and the Participant requests coverage under the group health plan not later than 60 days after the date the Participant, his or her spouse or Dependent is determined to be eligible for such assistance. An election change under (iii) or (iv) of this provision must be requested within 60 days after the termination of Medicaid or state health plan coverage or the determination of eligibility for a state premium assistance subsidy, as applicable. Special enrollment rights under the health insurance plan will be determined by the terms of the health insurance plan. (c) Certain Judgments. Decrees or Orders. If a judgment, decree or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order [QMCSO]) requires accident or health coverage for a Participant's child or for a foster child who is a dependent of the Participant, the Participant may have a mid -year election change to add or drop coverage consistent with the Order. (d) Entitlement to Medicare or Medicaid. If a Participant, Participant's spouse or Participant's Dependent who is enrolled in an accident or health plan of the Employer becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may cancel or reduce health coverage under the Employer's Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to add health coverage under the Employer's Plan. (e) Family Medical Leave Act. If an Employee is taking leave under the rules of the Family Medical Leave Act, the Employee may revoke previous elections and re -elect benefits upon return to work. (f) COBRA Qualifying Event. If an Employee has a COBRA qualifying event (a reduction in hours of the Employee, or a Dependent ceases eligibility), the Employee may increase his pre -tax contributions for coverage under the Employer's Plan if a COBRA event occurs with respect to the Employee, the Employee's spouse or Dependent. The COBRA rule does not apply to COBRA coverage under another Employer's Plan. (g) Changes in Eligibility for Adult Children. To the extent the Employer amends a plan listed in Item F of the Adoption Agreement that provides benefits that are excluded from an Employee's income under Code Section 105 to provide that Adult Children (as defined in Section 2.04(c)) are eligible to receive benefits under the plan, an Eligible Employee may make or change an election under this Plan to add coverage for the Adult Child and to make any corresponding change to the Eligible Employee's coverage that is consistent with adding coverage for the Adult Child. Notwithstanding anything to the contrary in this Section 4.02, the change in election rules in this Section 4.02 do not apply to the Medical Expense Reimbursement Plan, or may not be modified with respect to the Medical Expense Reimbursement Plan if the Plan is being administered by a Recordkeeper other than the Employer, unless the Employer and the Recordkeeper otherwise agree in writing. 4.03 OTHER EXCEPTIONS TO IRREVOCABILITY OF ELECTIONS. Other exceptions to the irrevocability of election requirement permit mid -year election changes and apply to all qualified benefits except for Medical Expense Reimbursement Plans, as follows: 14 P129 (a) Change in Cost. If the cost of a benefit package option under the Plan significantly increases during the plan year, Participants may (i) make a corresponding increase in their salary reduction amount, (ii) revoke their elections and make a prospective election under another benefit option offering similar coverage, or (iii) revoke election completely if no similar coverage is available, including in spouse or dependent's plan. If the cost significantly decreases, employees may elect coverage even if they had not previously participated and may drop their previous election for a similar coverage option in order to elect the benefit package option that has decreased in cost during the year. If the increased or decreased cost of a benefit package option under the Plan is insignificant, the participant's salary reduction amount shall be automatically adjusted. (b) Significant curtailment of coverage. (i) With no loss of coverage. If the coverage under a benefit package option is significantly curtailed or ceases during the Plan Year, affected Participants may revoke their elections for the curtailed coverage and make a new prospective election for coverage under another benefit package option providing similar coverage. (ii) With loss of coverage. If there is a significant curtailment of coverage with loss of coverage, affected Participants may revoke election for curtailed coverage and make a new prospective election for coverage under another benefit package option providing similar coverage, or drop coverage if no similar benefit package option is available. (c) Addition or Significant Improvement of Benefit Package Option. If during the Plan Year a new benefit package option is added or significantly improved, eligible employees, whether currently participating or not, may revoke their existing election and elect the newly added or newly improved option. (d) Change in Coverage of a Spouse or Dependent Under Another Employer's Plan. If there is a change in coverage of a spouse, former spouse, or Dependent under another employer's plan, a Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the spouse or Dependent. This rule applies if (1) mandatory changes in coverage are initiated by either the insurer of spouse's plan or by the spouse's employer, or (2) optional changes are initiated by the spouse's employer or by the spouse through open enrollment. (e) Loss of coverage under other group health coverage. If during the Plan Year coverage is lost under any group health coverage sponsored by a governmental or educational institution, a Participant may prospectively change his or her election to add group health coverage for the affected Participant or his or her spouse or dependent. 4.04 CASH BENEFIT: Available amounts not used for the purchase of benefits under this Plan may be considered a cash benefit under the Plan payable to the Participant as taxable income to the extent indicated in Item E of the Adoption Agreement. 4.05 PAYMENT FROM EMPLOYER'S GENERAL ASSETS: Payment of benefits under this Plan shall be made by the Employer from Elective Contributions which shall be held as a part of its general assets. 4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of benefits in accordance with the terms of this Plan, Elective Contributions may be retained by the Employer in a separate account or, if elected by the Employer and as permitted or required by regulations of the 15 P130 Internal Revenue Service, Department of Labor or other governmental agency, such amounts of Elective Contributions may be held in a trust pending payment. 4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant, the maximum amount made available to pay benefits for any Plan Year shall not exceed the Employer's Contribution specified in the Adoption Agreement and as provided in this Plan. 16 P131 SECTION V GROUP MEDICAL INSURANCE BENEFIT PLAN 5.01 PURPOSE: These benefits provide the group medical insurance benefits to Participants. 5.02 ELIGIBILITY: Eligibility will be as required in Items F(1), F(3), and F(4) of the Adoption Agreement. 5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Items F(1), F(3), and F(4) of the Adoption Agreement. 5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement. 5.05 COBRA: To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA, Participants and Dependents shall be entitled to continued participation in this Group Medical Insurance Benefit Plan by contributing monthly (from their personal assets previously subject to taxation) 102% of the amount of the premium for the desired benefit during the period that such individual is entitled to elect continuation coverage, provided, however, in the event the continuation period is extended to 29 months due to disability, the premium to be paid for continuation coverage for the 11 month extension period shall be 150% of the applicable premium. 5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 105 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. It is also the intention of the Employer to comply with the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 as outlined in the policies identified in the Adoption Agreement. 5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. 5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT: Notwithstanding anything to the contrary herein, the Group Medical Insurance Benefit Plan shall comply with the applicable provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103 -353). SECTION VI DISABILITY INCOME BENEFIT PLAN 6.01 PURPOSE: This benefit provides disability insurance designated to provide income to Participants during periods of absence from employment because of disability. 6.02 ELIGIBILITY: Eligibility will be as required in Item F(2) of the Adoption Agreement. 6.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Item F(2) of the Adoption Agreement. 17 P132 6.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the Disability Income Benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement. 6.05 SECTION 104 AND 106 PLAN: It is the intention of the Employer that the premiums paid for these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 104 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. 6.06 CONTRIBUTIONS: Contributions for this benefit will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. SECTION VII GROUP AND INDIVIDUAL LIFE INSURANCE PLAN 7.01 PURPOSE: This benefit provides group life insurance benefits to Participants and may provide certain individual policies as provided for in Item F(5) of the Adoption Agreement. 7.02 ELIGIBILITY: Eligibility will be as required in Item F(5) of the Adoption Agreement. 7.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Item F(5) of the Adoption Agreement. 7.04 TERMS, CONDITIONS, AND LIMITATIONS: The terms, conditions, and limitations of the group life insurance are specifically described in the Policy identified in the Adoption Agreement. 7.05 SECTION 79 PLAN: It is the intention of the Employer that the premiums paid for the benefits described in Item F(5) of the Adoption Agreement shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan to the extent provided in Code Section 79, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. 7.06 CONTRIBUTIONS: Contributions for this benefit will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. Any individual policies purchased by the Employer for the Participant will be owned by the Participant. SECTION VIII MEDICAL EXPENSE REIMBURSEMENT PLAN 8.01 PURPOSE: The Medical Expense Reimbursement Plan is designed to provide for reimbursement of Eligible Medical Expenses (as defined in Section 8.04) that are not reimbursed under an insurance plan, through damages, or from any other source. It is the intention of the Employer that amounts allocated for this benefit shall be eligible for exclusion from gross income, as provided in Code Sections 105 and 106, for Participants who elect this benefit and all provisions of this Section VIII shall be construed in a manner consistent with that intention. 8.02 ELIGIBILITY: The eligibility provisions are set forth in Item F(7) of the Adoption Agreement. 18 P133 8.03 TERMS, CONDITIONS. AND LIMITATIONS: a. Accounts. The Reimbursement Recordkeeper shall establish a recordkeeping account for each Participant. The Reimbursement Recordkeeper shall maintain a record of each account on an on -going basis, increasing the balances as contributions are credited during the year and decreasing the balances as Eligible Medical Expenses are reimbursed. No interest shall be payable on amounts recorded in any Participant's account. b. Maximum benefit. The maximum amount of reimbursement for each Participant shall be limited to the amount of the Participant's Elective Contribution allocated to the program during the Plan Year, not to exceed the maximum amount set forth in Item F(7) of the Adoption Agreement. C. Claim Procedure. In order to be reimbursed for any medical expenses incurred during the Plan Year, the Participant shall complete the form(s) provided for such purpose by the Reimbursement Recordkeeper. The Participant shall submit the completed form to the Reimbursement Recordkeeper with an original bill or other proof of the expense acceptable to the Reimbursement Recordkeeper. No reimbursement shall be made on the basis of an incomplete form or inadequate evidence of expense as determined by the Reimbursement Recordkeeper. Forms for reimbursement of Eligible Medical Expenses must be submitted no later than the ninetieth (90th) day following the last day of the Plan Year during which the Eligible Medical Expenses were incurred. Reimbursement payments shall only be made to the Participant, or the Participant's legal representative in the event of incapacity or death of the Participant. Forms for reimbursement shall be reviewed in accordance with the claims procedure set forth in Section XII. d. Funding. The funding of the Medical Reimbursement Plan shall be through contributions by the Employer from its general assets to the extent of Elective Contributions directed by Participants. Such contributions shall be made by the Employer when benefit payments and account administrative expenses become due and payable under this Medical Expense Reimbursement Plan. e. Forfeiture. Subject to Section 8.06 and 8.07, any amounts remaining to the credit of the Participant at the end of the Plan Year and not used for Eligible Medical Expenses incurred during the Participant's participation during the Plan Year shall be forfeited and shall remain assets of the Plan. With respect to a Participant who terminates employment with the Employer and who has not elected to continue coverage under this Plan pursuant to COBRA rights referenced under Section 8.03(f) herein, such Participant shall not be entitled to reimbursement for Eligible Medical Expenses incurred after his termination date regardless if such Participant has any amounts of Employer Contributions remaining to his credit. Upon the death of any Participant who has any amounts of Employer Contributions remaining to his credit, a dependent of the Participant may elect to continue to claim reimbursement for Eligible Medical Expenses in the same manner as the Participant could have for the balance of the Plan Year. £ COBRA. To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA (`COBRA "), a Participant and a Participant's Dependents shall be entitled to elect continued participation in this Medical Expense Reimbursement Plan only through the end of the plan year in which the qualifying event occurs, by contributing monthly (from their personal assets previously subject to taxation) to the Employer /Administrator, 102% of the amount of 19 P134 desired reimbursement through the end of the Plan Year in which the qualifying event occurs. Specifically, such individuals will be eligible for COBRA continuation coverage only if they have a positive Medical Expense Reimbursement Account balance on the date of the qualifying event. Participants who have a deficit balance in their Medical Expense Reimbursement Account on the date of their qualifying event shall not be entitled to elect COBRA coverage. In lieu of COBRA, Participants may continue their coverage through the end of the current Plan Year by paying those premiums out of their last paycheck on a pre -tax basis. g. Nondiscrimination. Benefits provided under this Medical Expense Reimbursement Plan shall not be provided in a manner that discriminates in favor of Employees or Dependents who are highly compensated individuals, as provided under Section 105(h) of the Code and regulations promulgated thereunder. h. Uniform Coverage Rule. Notwithstanding that a Participant has not had withheld and credited to his account all of his contributions elected with respect to a particular Plan Year, the entire aggregate annual amount elected with respect to this Medical Expense Reimbursement Plan (increased by any Carryover to the Plan Year), shall be available at all times during such Plan Year to reimburse the participant for Eligible Medical Expenses with respect to this Medical Expense Reimbursement Plan. To the extent contributions with respect to this Medical Expense Reimbursement Plan are insufficient to pay such Eligible Medical Expenses, it shall be the Employer's obligation to provide adequate funds to cover any short fall for such Eligible Medical Expenses for a Participant; provided subsequent contributions with respect to this Medical Expense Reimbursement Plan by the Participant shall be available to reimburse the Employer for funds advanced to cover a previous short fall. Uniformed Services Employment and Reemployment Rights Act Notwithstanding anything to the contrary herein, this Medical Expense Reimbursement Plan shall comply with the applicable provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103 -353). j. Proration of Limit. In the event that the Employer has purchased a uniform coverage risk policy from the Recordkeeper, then the Maximum Coverage amount specified in Section F.7 of the Adoption Agreement shall be pro rated with respect to (i) an Employee who becomes a Participant and enters the Plan during the Plan Year, and (ii) short plan years initiated by the Employer. Such Maximum Coverage amount will be pro rated by dividing the annual Maximum Coverage amount by 12, and multiplying the quotient by the number of remaining months in the Plan Year for the new Participant or the number of months in the short Plan Year, as applicable. k. Continuation Coverage for Certain Dependent Children. In the event that benefits under the Medical Expense Reimbursement Plan does not qualify for the exception from the portability rules of HIPAA, then, effective for Plan Years beginning on or after October 9, 2009, notwithstanding the foregoing provisions, coverage for a Dependent child who is enrolled in the Medical Expense Reimbursement Plan as a student at a post - secondary educational institution will not terminate due to a medically necessary leave of absence before a date that is the earlier of. • the date that is one year after the first day of the medically necessary leave of absence; or • the date on which such coverage would otherwise terminate under the terms of the Plan. 20 P135 For purposes of this paragraph, "medically necessary leave of absence" means a leave of absence of the child from a post - secondary educational institution, or any other change in enrollment of the child at the institution, that: (i) commences while the child is suffering from a serious illness or injury; (ii) is medically necessary; and (iii) causes the child to lose student status for purposes of coverage under the terms of the Plan. A written certification must be provided by a treating physician of the dependent child to the Plan in order for the continuation coverage requirement to apply. The physician's certification must state that the child is suffering from a serious illness or injury and that the leave of absence (or other change in enrollment) is medically necessary. 8.04 ELIGIBLE MEDICAL EXPENSES: (a) Eligible Medical Expense in General. The phrase `Eligible Medical Expense' means any expense incurred by a Participant or any of his Dependents (subject to the restrictions in Sections 8.04(b) and (c)) during a Plan Year that (i) qualifies as an expense incurred by the Participant or Dependents for medical care as defined in Code Section 213(d) and meets the requirements outlined in Code Section 125, (ii) is excluded from gross income of the Participant under Code Section 105(b), and (iii) has not been and will not be paid or reimbursed by any other insurance plan, through damages, or from any other source. Notwithstanding the above, capital expenditures are not Eligible Medical Expenses under this Plan. Further, notwithstanding the above, effective January 1, 2011, only the following drugs or medicines will constitute Eligible Medical Expenses: (i.) Drugs or medicines that require a prescription; (ii.) Drugs or medicines that are available without a prescription ( "over- the - counter drugs or medicines ") and the Participant or Dependent obtains a prescription; and (iii.) Insulin. (b) Expenses Incurred After Commencement of Participation. Only medical care expenses incurred by a Participant or the Participant's Dependent(s) on or after the date such Participant commenced participation in the Medical Expense Reimbursement Plan shall constitute an Eligible Medical Expense. (c) Eligible Expenses Incurred by Dependents. For purposes of this Section, Eligible Medical Expenses incurred by Dependents defined in Section 2.04(c) are eligible for reimbursement if incurred after March 30, 2010; Eligible Medical Expenses incurred by Dependents defined in Sections 2.04(a) and (b) are eligible for reimbursement if incurred either before or after March 30, 2010 (subject to the restrictions of Section 8.04(b)). (d) Health Savings Accounts. If the Employer has elected in Item F.8 of the Adoption Agreement to allow Eligible Employees to contribute to Health Savings Accounts under the Plan, then for a Participant who is eligible for and elects to contribute to a Health Savings Accounts, Eligible Medical Expenses shall be limited as set forth in Item F.8 of the Adoption Agreement. 8.05 USE OF DEBIT CARD: In the event that the Employer elects to allow the use of debit cards ( "Debit Cards ") for reimbursement of Eligible Medical Expenses (other than over - the - counter drugs or medicines) under the Medical Expense Reimbursement Plan, the provisions described in this Section shall apply. However, beginning January 1, 2011, a Debit Card may not be used to purchase drugs or medicines over - the - counter. 21 P136 a. Substantiation. The following procedures shall be applied for purposes of substantiating claimed Eligible Medical Expenses after the use of a Debit Card to pay the claimed Eligible Medical Expense: (i) If the dollar amount of the transaction at a health care provider equals the dollar amount of the co- payment for that service under the Employer's major medical plan of the specific employee - cardholder, the charge is fully substantiated without the need for submission of a receipt or further review. (ii) If the merchant, service provider, or other independent third -party (e.g., pharmacy benefit manager), at the time and point of sale, provides information to verify to the Recordkeeper (including electronically by e -mail, the inteanet, intranet, or telephone) that the charge is for a medical expense, the charge is fully substantiated without the need for submission of a receipt or further review. b. Status of Charges. All charges to a Debit Card, other than co- payments and real -time substantiation as described in Subsection (a) above, are treated as conditional pending confirmation of the charge, and additional third -party information, such as merchant or service provider receipts, describing the service or product, the date of the service or sale, and the amount, must be submitted for review and substantiation. C. Correction Procedures for Improper Payments. In the event that a claim has been reimbursed and is subsequently identified as not qualifying for reimbursement, one or all of the following procedures shall apply: (i) First, upon the Recordkeeper's identification of the improper payment, the Eligible Employee will be required to pay back to the Plan an amount equal to the improper payment. (ii) Second, where the Eligible Employee does not pay back to the Plan the amount of the improper payment, the Employer will have the amount of the improper payment withheld from the Eligible Employee's wages or other compensation to the extent consistent with applicable law. (iii) Third, if the improper payment still remains outstanding, the Plan may utilize a claim substitution or offset approach to resolve improper claims payments. (iv) If the above correction efforts prove unsuccessful, or are otherwise unavailable, the Eligible Employee will remain indebted to the Employer for the amount of the improper payment. In that event and consistent with its business practices, the Employer may treat the payment as it would any other business indebtedness. (v) In addition to the above, the Employer and the Plan may take other actions they may deem necessary, in their sole discretion, to ensure that further violations of the terms of the Debit Card do not occur, including, but not limited to, denial of access to the Debit Card until the indebtedness is repaid by the Eligible Employee. d. Intent to Comply with Rev. Rul. 2003 -43. It is the Employer's intent that any use of Debit Cards to pay Eligible Medical Expenses shall comply with the guidelines for use of 22 P137 such cards set forth in Rev. Rul. 2003 -43, and this Section 8.05 shall be construed and interpreted in a manner necessary to comply with such guidelines. 8.06 GRACE PERIOD: If the Employer elects in Section F.7 of the Adoption Agreement to permit a Grace Period with respect to the Medical Reimbursement Plan, the provisions of this Section 8.06 shall apply. Notwithstanding anything to the contrary herein and in accordance with Internal Revenue Service Notice 2005 -42, a Participant who has unused contributions relating to the Medical Reimbursement Plan from the immediately preceding Plan Year, and who incurs Eligible Medical Expenses for such qualified benefit during the Grace Period, may be paid or reimbursed for those Eligible Medical Expenses from the unused contributions as if the expenses had been incurred in the immediately preceding Plan Year. For purposes of this Section, `Grace Period' shall mean the period extending 70 days after the end of the immediately preceding Plan Year to which it relates. Eligible Medical Expenses incurred during the Grace Period shall be reimbursed first from unused contributions allocated to the Medical Reimbursement Plan for the prior Plan Year, and then from unused contributions for the current Plan Year, if participant is enrolled in current Plan Year. 8.07 CARRYOVER: If the Employer elects in Section F.7 of the Adoption Agreement to permit a Carryover with respect to the Medical Reimbursement Plan, the provisions of this Section 8.07 shall apply. Notwithstanding anything to the contrary herein and in accordance with Internal Revenue Service Notice 2013 -71, the Carryover for a Participant who has an amount remaining unused as of the end of the run- off period for the Plan Year, may be used to pay or reimburse Eligible Medical Expenses during the following entire Plan Year. The Carryover does not count against or otherwise affect the Maximum benefit set forth in Section 8.03 (b). Eligible Medical Expenses incurred during a Plan Year shall be reimbursed first from unused contributions for the current Plan Year, and then from any Carryover carried over from the preceding Plan Year. Any unused amounts from the prior Plan Year that are used to reimburse a current Plan Year expense (a) reduce the amounts available to pay prior Plan Year expenses during the run -off period, (b) must be counted against any Carryover amount from the prior Plan Year, and (c) cannot exceed the maximum Carryover from the prior Plan Year. If the Employer elects to apply Section 8.06 in Section F.7 of the Adoption Agreement, this Section 8.07 shall not apply. SECTION IX DEPENDENT CARE REIMBURSEMENT PLAN 9.01 PURPOSE: The Dependent Care Reimbursement Plan is designed to provide for reimbursement of certain employment - related dependent care expenses of the Participant. It is the intention of the Employer that amounts allocated for this benefit shall be eligible for exclusion from gross income, as provided in Code Section 129, for Participants who elect this benefit, and all provisions of this Section IX shall be construed in a manner consistent with that intention. 9.02 ELIGIBILITY: The eligibility provisions are set forth in Item F(6) of the Adoption Agreement. 9.03 TERMS, CONDITIONS, AND LIMITATIONS: a. Accounts. The Reimbursement Recordkeeper shall establish a recordkeeping account for each Participant. The Reimbursement Recordkeeper shall maintain a record of each account on an on -going basis, increasing the balances as contributions are credited during the year and decreasing the balances as Eligible Dependent Care Expenses are reimbursed. No interest shall be payable on amounts recorded in any Participant's account. 23 P138 b. Maximum Benefit. The maximum amount of reimbursement for each Participant shall be limited to the amount of the Participant's allocation to the program during the Plan Year not to exceed the maximum amount set forth in Item F(6) of the adoption agreement. For purpose of this Section D {, the phrase "earned income" shall mean wages, salaries, tips and other employee compensation, but only if such amounts are includible in gross income for the taxable year. A Participant's spouse who is physically or mentally incapable of self -care as described in Section 9.04(a)(ii) or a spouse who is a full -time student within the meaning of Code Section 21(e)(7) shall be deemed to have earned income for each month in which such spouse is so disabled (or a full -time student). The amount of such deemed earned income shall be $250 per month in the case of one Dependent and $500 per month in the case of two or more Dependents. C. Claim Procedure. In order to be reimbursed for any dependent care expenses incurred during the Plan Year, the Participant shall complete the form(s) provided for such purpose by the Reimbursement Recordkeeper. The Participant shall submit the completed form to the Reimbursement Recordkeeper with an original bill or other proof of the expense from an independent third party acceptable to the Reimbursement Recordkeeper. No reimbursement shall be made on the basis of an incomplete form or inadequate evidence of the expense as determined by the Reimbursement Recordkeeper. Claims for reimbursement of Eligible Dependent Care Expenses must be submitted no later than the ninetieth (90th) day following the last day of the Plan Year during which the Eligible Dependent Care Expenses were incurred. Reimbursement payments shall only be made to the Participant, or the Participant's legal representative in the event of the incapacity or death of the Participant. Forms for reimbursement shall be reviewed in accordance with the claims procedure set forth in Section XII. d. Fundine. The funding of the Dependent Care Reimbursement Plan shall be through contributions by the Employer from its general assets to the extent of Elective Contributions directed by Participants. Such contributions shall be made by the Employer when benefit payments and account administration expenses become due and payable under this Dependent Care Expense Reimbursement Plan. e. Forfeiture. Any amounts remaining to the credit of the Participant at the end of the Plan Year and not used for Eligible Dependent Care Expenses incurred during the Plan Year shall be forfeited and remain assets of the Plan. f. Nondiscrimination. Benefits provided under this Dependent Care Reimbursement Plan shall not be provided in a manner that discriminates in favor of Highly Compensated Employees (as defined in Code Section 414(q)) or their dependents, as provided in Code Section 129. In addition, no more than 25 percent of the aggregate Eligible Dependent Care Expenses shall be reimbursed during a Plan Year to five percent owners, as provided in Code Section 129. 9.04 DEFINITIONS: a. "Dependent" (for purposes of this Section IX) means any individual who is: (i) a Participant's qualifying child (as defined in Code Section 152 (c)) who has not attained the age of 13; or Flu P139 (ii) a dependent (qualifying child or qualifying relative, as defined in Code Section 152 (c) and (d), respectively) or the spouse of a Participant who is physically or mentally incapable of self -care, and who has the same principal place of abode as the taxpayer for more than half of the taxable year. For purposes of this Dependent Care Reimbursement Plan, an individual shall be considered physically or mentally incapable of self -care if, as a result of a physical or mental defect, the individual is incapable of caring for his or her hygienic or nutritional needs, or requires full -time attention of another person for his or her own safety or the safety of others. b. "Dependent Care Center" (for purposes of this Section DX) shall be a facility which: (i) provides care for more than six individuals (other than individuals who reside at the facility); (ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit); and (iii) satisfies all applicable laws and regulations of a state or unit of local government. C. "Eligible Dependent Care Expenses" (for purposes of this Section IX) shall mean expenses incurred by a Participant which are: (i) incurred for the care of a Dependent of the Participant or for related household services; (ii) paid or payable to a Dependent Care Service Provider; and (iii) incurred to enable the Participant to be gainfully employed for any period for which there are one or more Dependents with respect to the Participant. "Eligible Dependent Care Expenses" shall not include expenses incurred for services outside the Participant's household for the care of a Dependent unless such Dependent is (i) a qualifying child (as defined in Code Section 152 (c)) under the age of 13, or (ii) a dependent (qualifying child or qualifying relative, as defined in Code Section 152 (c) and (d), respectively)), who is physically or mentally incapable of self -care, and who has the same principal place of abode as the Participant for more than half of the taxable year, or (iii) the spouse of a Participant who is physically or mentally incapable of self -care, and who has the same principal place of abode as the Participant for more than half of the taxable year. Eligible Dependent Care Expenses shall be deemed to be incurred at the time the services to which the expenses relate are rendered. d. "Dependent Care Service Provider" (for purposes of this Section IX) means: (i) a Dependent Care Center, or (ii) a person who provides care or other services described in Section 9.04(b) and who is not a related individual described in Section 129(c) of the Code. SECTION X HEALTH SAVINGS ACCOUNTS 10.01 PURPOSE: If elected by the Employer in Section F.8 of the Adoption Agreement, the Plan will permit pre -tax contributions to the Health Savings Account, and the provisions of this Article X shall apply. 25 Pt40 10.02 BENEFITS: A Participant can elect benefits under the Health Savings Accounts portion of this Plan by electing to pay his or her Health Savings Account contributions on a pre -tax salary reduction basis. In addition, the Employer may make contributions to the Health Savings Account for the benefit of the Participant. 10.03 TERMS, CONDITIONS AND LIMITATION: a. Maximum Benefit. The maximum annual contributions that may be made to a Participant's Health Savings Account under this Plan is set forth in Section F.8 of the Adoption Agreement. b. Mid -Year Election Changes. Notwithstanding any to the contrary herein, a Participant election with respect to contributions for the Health Savings Account shall be revocable during the duration of the Plan Year to which the election relates. Consequently, a Participant may change his or her election with respect to contributions for the Health Savings Account at any time. 10.04 RESTRICTIONS ON MEDICAL REIMBURSEMENT PLAN: If the Employer has elected in Section F.8 of the Adoption Agreement both Health Savings Accounts under this Plan and the Medical Expense Reimbursement Plan, then the Eligible Medical Expenses that may be reimbursed under the Medical Reimbursement Plan for Participants who are eligible for and elect to participate in Health Savings Accounts shall be limited as set forth in Section F.8 of the Adoption Agreement. 10.05 NO ESTABLISHMENT OF ERISA PLAN: It is the intent of the Employer that the establishment of Health Savings Accounts are completely voluntary on the part of Participants, and that, in accordance with Department of Labor Field Assistance Bulletin 2004 -1, the Health Savings Accounts are not "employee welfare benefit plans" for purposes of Title I of ERISA. SECTION XI AMENDMENT AND TERMINATION 11.01 AMENDMENT: The Employer shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of this Plan, provided that no such amendment shall change the terms and conditions of payment of any benefits to which Participants and covered dependents otherwise have become entitled to under the provisions of the Plan, unless such amendment is made to comply with federal or local laws or regulations. The Employer also shall have the right to make any amendment retroactively which is necessary to bring the Plan into conformity with the Code. In addition, the Employer may amend any provisions or any supplements to the Plan and may merge or combine supplements or add additional supplements to the Plan, or separate existing supplements into an additional number of supplements. 11.02 TERMINATION: The Employer shall have the right at any time to terminate this Plan, provided that such termination shall not eliminate any obligations of the Employer which therefore have arisen under the Plan. SECTION XII ADMINISTRATION FM P141 12.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan. 12.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a Reimbursement Recordkeeper which shall have the power and responsibility of performing recordkeeping and other ministerial duties arising under the Medical Expense Reimbursement Plan and the Dependent Care Reimbursement Plan provisions of this Plan. The Reimbursement Recordkeeper shall serve at the pleasure of, and may be removed by, the Employer without cause. The Recordkeeper shall receive reasonable compensation for its services as shall be agreed upon from time to time between the Administrator and the Recordkeeper. 12.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR: a. General. The Administrator shall be vested with all powers and authority necessary in order to amend and administer the Plan, and is authorized to make such rules and regulations as it may deem necessary to carry out the provisions of the Plan. The Administrator shall determine any questions arising in the administration (including all questions of eligibility and determination of amount, time and manner of payments of benefits), construction, interpretation and application of the Plan, and the decision of the Administrator shall be final and binding on all persons. b. Recordkeepine. The Administrator shall keep full and complete records of the administration of the Plan. The Administrator shall prepare such reports and such information concerning the Plan and the administration thereof by the Administrator as may be required under the Code or ERISA and the regulations promulgated thereunder. C. Inspection of Records. The Administrator shall, during normal business hours, make available to each Participant for examination by the Participant at the principal office of the Administrator a copy of the Plan and such records of the Administrator as may pertain to such Participant. No Participant shall have the right to inquire as to or inspect the accounts or records with respect to other Participants. 12.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The Administrator shall serve without compensation for services as such. All expenses of the Administrator shall be paid by the Employer. Such expenses shall include any expense incident to the functioning of the Plan, including, but not limited to, attorneys' fees, accounting and clerical charges, actuary fees and other costs of administering the Plan. 12.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the Administrator shall not be liable personally for any loss or damage or depreciation which may result in connection with the exercise of duties or of discretion hereunder or upon any other act or omission hereunder except when due to willful misconduct. In the event the Administrator is not covered by fiduciary liability insurance or similar insurance arrangements, the Employer shall indemnify and hold harmless the Administrator from any and all claims, losses, damages, expenses (including reasonable counsel fees approved by the Administrator) and liability (including any reasonable amounts paid in settlement with the Employer's approval) arising from any act or omission of the Administrator, except when the same is determined to be due to the willful misconduct of the Administrator by a court of competent jurisdiction. 12.06 DELEGATIONS OF RESPONSIBILITY: The Administrator shall have the authority to delegate, from time to time, all or any part of its responsibilities under the Plan to such person or persons as it may deem advisable and in the same manner to revoke any such delegation of responsibilities which shall have the same force and effect for all purposes hereunder as if such action had been taken by the Administrator. The Administrator shall not be liable for any acts or omissions of any such delegate. 27 P142 The delegate shall report periodically to the Administrator concerning the discharge of the delegated responsibilities. 12.07 RIGHT TO RECENE AND RELEASE NECESSARY INFORMATION: The Administrator may release or obtain any information necessary for the application, implementation and determination of this Plan or other Plans without consent or notice to any person. This information may be released to or obtained from any insurance company, organization, or person subject to applicable law. Any individual claiming benefits under this Plan shall furnish to the Administrator such information as may be necessary to implement this provision. 12.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a Participant must comply with the rules and procedures of the particular benefit program elected pursuant to this Plan under which the Participant claims a benefit. 12.09 GENERAL CLAIMS REVIEW PROCEDURE: This provision shall apply only to the extent that a claim for benefits is not governed by a similar provision of a benefit program available under this Plan or is not governed by Section 12.10. a. Initial Claim for Benefits. Each Participant may submit a claim for benefits to the Administrator as provided in Section 12.08. A Participant shall have no right to seek review of a denial of benefits, or to bring any action in any court to enforce a claim for benefits prior to his filing a claim for benefits and exhausting his rights to review under this section. When a claim for benefits has been filed properly, such claim for benefits shall be evaluated and the claimant shall be notified of the approval or the denial within (90) days after the receipt of such claim unless special circumstances require an extension of time for processing the claim. If such an extension of time for processing is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial ninety (90) day period which shall specify the special circumstances requiring an extension and the date by which a final decision will be reached (which date shall not be later than one hundred and eighty (180) days after the date on which the claim was filed.) A claimant shall be given a written notice in which the claimant shall be advised as to whether the claim is granted or denied, in whole or in part. If a claim is denied, in whole or in part, the claimant shall be given written notice which shall contain (a) the specific reasons for the denial, (b) references to pertinent plan provisions upon which the denial is based, (c) a description of any additional material or information necessary to perfect the claim and an explanation of why such material or information is necessary, and (d) the claimant's rights to seek review of the denial. b. Review of Claim Denial. If a claim is denied, in whole or in part, the claimant shall have the right to request that the Administrator review the denial, provided that the claimant files a written request for review with the Administrator within sixty (60) days after the date on which the claimant received written notification of the denial. A claimant (or his duly authorized representative) may review pertinent documents and submit issues and comments in writing to the Administrator. Within sixty (60) days after a request is received, the review shall be made and the claimant shall be advised in writing of the decision on review , unless special circumstances require an extension of time for processing the review, in which case the claimant shall be given a written notification within such initial sixty (60) day period specifying the reasons for the extension and when such review shall be completed (provided that such review shall be completed within one hundred and twenty (120) days after the date on which the request for review was filed.) The decision on review shall be forwarded to the claimant in writing and 28 P143 shall include specific reasons for the decision and references to plan provisions upon which the decision is based. A decision on review shall be final and binding on all persons. C. Exhaustion of Remedies. If a claimant fails to file a request for review in accordance with the procedures herein outlined, such claimant shall have no rights to review and shall have no right to bring action in any court and the denial of the claim shall become final and binding on all persons for all purposes. 12.10 SPECIAL CLAIMS REVIEW PROCEDURE: The provisions of this Section 12.10 shall be applicable to claims under the Medical Expense Reimbursement Plan and the Group Medical Insurance Plan, effective on the first day of the first Plan Year beginning on or after July 1, 2002, but in no event later than January 1, 2003, provided such plans are subject to ERISA. a. Benefit Denials: The Administrator is responsible for evaluating all claims for reimbursement under the Medical Expense Reimbursement Plan and the Group Medical Insurance Plan. The Administrator will decide a Participant's claim within a reasonable time not longer than 30 days after it is received. This time period may be extended for an additional 15 days for matters beyond the control of the Administrator, including in cases where a claim is incomplete. The Participant will receive written notice of any extension, including the reasons for the extension and information on the date by which a decision by the Administrator is expected to be made. The Participant will be given 45 days in which to complete an incomplete claim. The Administrator may secure independent medical or other advice and require such other evidence as it deems necessary to decide the claim. If the Administrator denies the claim, in whole or in part, the Participant will be fumished with a written notice of adverse benefit determination setting forth: the specific reason or reasons for the denial; 2. reference to the specific Plan provision on which the denial is issued; 3. a description of any additional material or information necessary for the Participant to complete his claim and an explanation of why such material or information is necessary, and 4. appropriate information as to the steps to be taken if the Participant wishes to appeal the Administrator's determination, including the participant's right to submit written comments and have them considered, his right to review (on request and at no charge) relevant documents and other information, and his right to file suit under ERISA with respect to any adverse determination after appeal of his claim. b. Appealing Denied Claims: If the Participant's claim is denied in whole or in part, he may appeal to the Administrator for a review of the denied claim. The appeal must be made in writing within 180 days of the Administrator's initial notice of adverse benefit determination, or else the participant will lose the right to appeal the denial. If the Participant does not appeal on time, he will also lose his right to file suit in court, as he will have failed to exhaust his internal administrative appeal rights, which is generally a prerequisite to bringing suit. 29 P144 A Participant's written appeal should state the reasons that he feels his claim should not have been denied. It should include any additional facts and /or documents that the Participant feels support his claim. The Participant may also ask additional questions and make written comments, and may review (on request and at no charge) documents and other information relevant to his appeal. The Administrator will review all written comment the Participant submits with his appeal. C. Review of Appeal: The Administrator will review and decide the Participant's appeal within a reasonable time not longer than 60 days after it is submitted and will notify the Participant of its decision in writing. The individual who decides the appeal will not be the same individual who decided the initial claim denial and will not be that individual's subordinate. The Administrator may secure independent medical or other advice and require such other evidence as it deems necessary to decide the appeal, except that any medical expert consulted in connection with the appeal will be different from any expert consulted in connection with the initial claim. (The identity of a medical expert consulted in connection with the Participant's appeal will be provided.) If the decision on appeal affirms the initial denial of the Participant's claim, the Participant will be furnished with a notice of adverse benefit determination on review setting forth: The specific reason(s) for the denial, 2. The specific Plan provision(s) on which the decision is based, 3. A statement of the Participant's right to review (on request and at no charge) relevant documents and other information, 4. If the Administrator relied on an "internal rule, guideline, protocol, or other similar criterion" in making the decision, a description of the specific rule, guideline, protocol, or other similar criterion or a statement that such a rule, guideline, protocol, or other similar criterion was relied on and that a copy of such rule, guideline, protocol, or other criterion will be provided free of charge to the Participant upon request," and 5. A statement of the Participant's right to bring suit under ERISA § 502(a). 12.11 PAYMENT TO REPRESENTATIVE: In the event that a guardian, conservator or other legal representative has been duly appointed for a Participant entitled to any payment under the Plan, any such payment due may be made to the legal representative making claim therefor, and such payment so made shall be in complete discharge of the liabilities of the Plan therefor and the obligations of the Administrator and the Employer. 12.12 PROTECTED HEALTH INFORMATION. The provisions of this Section will apply only to those portions of the Plan that are considered a group health plan for purposes of 45 CFR Parts 160 and 164. The Plan may disclose PHI to employees of the Employer, or to other persons, only to the extent such disclosure is required or permitted pursuant to 45 CFR Parts 160 and 164. The Plan has implemented administrative, physical, and technical safeguards to reasonably and appropriately protect, and restrict access to and use of, electronic PHI, in accordance with Subpart C of 45 CFR Part 164. The applicable claims procedures under the Plan shall be used to resolve any issues of non - compliance by such individuals. The Employer will: 30 P145 • not use or disclose PHI other than as permitted or required by the plan documents and permitted or required by law; • reasonably and appropriately safeguard electronic PHI created, received, maintained, or transmitted to or by the it on behalf of the Plan, in accordance with Subpart C of 45 CFR Part 164; • implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Plan; • ensure that any agents including a subcontractors to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer with respect to such information; • not use or disclose PHI for employment- related actions and decisions or in connection with any other employee benefit plan of the Employer; • report to the Plan any use or disclosure of the information that is inconsistent with the permitted uses or disclosures provided for of which it becomes aware; • make available PHI in accordance with 45 CFR Section 164.524; • make available PHI for amendment and incorporate any amendments to PHI in accordance with 45 CFR Section 164.526; • make available the information required to provide an accounting of disclosures in accordance with 45 CFR Section 164.528; • make its internal practices, books, and records relating to the use and disclosure of PHI received from the Plan available to the Secretary of Health and Human Services or his designee upon request for purposes of determining compliance with 45 CFR Section 164.504(f); • if feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such information when no longer needed for the purposes for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and, • ensure that the adequate separation required in paragraph (f)(2)(iii) of 45 CFR Section 164.504 is established. For purposes of this Section, "PHF' is "Protected Health Information" as defined in 45 CFR Section 160.103, which means individually identifiable health information, except as provided in paragraph (2) of the definition of "Protected Health Information" in 45 CFR Section 160.103, that is transmitted by electronic media; maintained in electronic media; or transmitted or maintained in any other form or medium by a covered entity, as defined in 45 CFR Section 164.104. SECTION XIII MISCELLANEOUS PROVISIONS 13.01 INABILITY TO LOCATE PAYEE: If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person, then such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited following a reasonable time after the date any such payment first became due. 31 P146 13.02 FORMS AND PROOFS: Each Participant or Participant's Beneficiary eligible to receive any benefit hereunder shall complete such forms and furnish such proofs, receipts, and releases as shall be required by the Administrator. 13.03 NO GUARANTEE OF TAX CONSEQUENCES: Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant or a Dependent under the Plan will be excludable from the Participant's or Dependent's gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant or Dependent. 13.04 PLAN NOT CONTRACT OF EMPLOYMENT: The Plan will not be deemed to constitute a contract of employment between the Employer and any Participant nor will the Plan be considered an inducement for the employment of any Participant or employee. Nothing contained in the Plan will be deemed to give any Participant or employee the right to be retained in the service of the Employer nor to interfere with the right of the Employer to discharge any Participant or employee at any time regardless of the effect such discharge may have upon that individual as a Participant in the Plan. 13.05 NON - ASSIGNABILITY: No benefit under the Plan shall be liable for any debt, liability, contract, engagement or tort of any Participant or his Beneficiary, nor be subject to charge, anticipation, sale, assignment, transfer, encumbrance, pledge, attachment, garnishment, execution or other voluntary or involuntary alienation or other legal or equitable process, nor transferability by operation of law. 13.06 SEVERABILITY: If any provision of the Plan will be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof will continue to be fully effective. 13.07 CONSTRUCTION: a. Words used herein in the masculine or feminine gender shall be construed as the feminine or masculine gender, respectively where appropriate. b. Words used herein in the singular or plural shall be construed as the plural or singular, respectively, where appropriate. 13.08 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and (3), this Plan is intended not to discriminate in favor of Highly Compensated Participants (as defined in Code Section 125(e)(1)) as to contributions and benefits nor to provide more than 25% of all qualified benefits to Key Employees. If, in the judgment of the Administrator, more than 25% of the total nontaxable benefits are provided to Key Employees, or the Plan discriminates in any other manner (or is at risk of possible discrimination), then, notwithstanding any other provision contained herein to the contrary, and, in accordance with the applicable provisions of the Code, the Administrator shall, after written notification to affected Participants, reduce or adjust such contributions and benefits under the Plan as shall be necessary to insure that, in the judgment of the Administrator, the Plan shall not be discriminatory. 13.09 ERISA. The Plan shall be construed, enforced, and administered and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974 (as amended), the Internal Revenue Code of 1986 (as amended), and the laws of the State indicated in the Adoption Agreement. Notwithstanding anything to the contrary herein, the provisions of ERISA will not apply to this Plan if the Plan is exempt from coverage under ERISA. Should any provisions be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only will be deemed not to include the provision determined to be void. 32 P147 PD - 05/14 P148 9/6/2014 12:20 AM 33 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Harris Contract Amendment #5 SUBJECT/PROPOSAL/REOUEST: Potential Contract Amendment Execution Authorization STAFF CONTACTS: Mr. Monday; Mr. Davis AGENDA DATE: 10 -06 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 19 INFORMATION: INFORMATION: ATTACHMENTS: (1); Proposed Harris Contract Amendment #5 REVIEWED BY: BACKGROUND: On December 20, 2011, Harris Corporation ( "Harris ") and the County entered into a System Purchase Agreement (the "Agreement') for a new P25 Radio Communications System. To date, the Board of Supervisors (the "Board ") has approved four (4) Amendments to said Agreement (Amendment #I on March 7, 2012; Amendment #2 on May 2, 2013; Amendment #3 on September 20, 2013; and Amendment 44 on May 6, 2014). DISCUSSION: For your reference and review, attached please find Harris Contract Amendment #5. In said Amendment, the County removes the original Harris requirement for P25 Phase 2 Operation of the VRBS7020 vehicle repeaters as a Final Acceptance Condition. In exchange for said concession in Amendment #5, at NO CHANGE TO THE TOTAL AGREEMENT PRICE, Harris agrees to perform the following additional scope of work: a) Add an additional channel at each site; b) Perform additional RF studies and provide contour maps to extend coverage out of the County boundaries by increasing system power; C) Prepare and follow -up on FCC license modifications associated with "a" and "b" above; d) Provide six (6) Spare Utility Portable radios complete with P25 software and feature set on the existing Unity Portables; e) Provide and install a BDA in the County Jail; and I) Provide and install Charge Guards for all Sheriff vehicles along with eight (8) spares. Please be advised that the cost/value of the additional scope of work dramatically outweighs the lone concession. Finally, be further advised that Harris Amendment #5 is fully supported by County Staff, the Fire and Rescue Assoication, and the Pittsylvania County Sheriff's Office. RECOMMENDATION: Staff recommends the Board authorize the execution of Harris Contract Amendment #5. P149 AMENDMENT NO. 5 TO COUNTY OF PITTSYLVANIA COUNTY, VIRGINIA CONTRACT THIS AMENDMENT (hereinafter "Amendment') is made and entered into this 26`h day of September 2014 by and between The County of Pittsylvania County, Virginia (hereinafter referred to as "Buyer") and Harris Corporation through its RF Communications Division (hereinafter referred to as "Seller "). WHEREAS, the parties entered into a System Purchase Agreement ( "Agreement') dated December 20, 2011, for a P25 Radio Communications System; and WHEREAS, the parties entered into Amendment 1 on March 07, 2012; and WHEREAS, the parties entered into Amendment 2 on May 02, 2013; and WHEREAS, the parties entered into Amendment 3 on September 20, 2013; and WHEREAS, the parties entered into Amendment 4 on May 6, 2014; and WHEREAS, the parties now desire to further amend the Agreement with this Amendment 5; NOW, THEREFORE, for and in consideration of the mutual promises of the parties to this Amendment and other good and valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller hereto do hereby agree as follows: 1. Seller agrees to perform the following additional scope of work. a. Add an additional channel at each site. b. Perform additional RF studies and provide contour maps to extend coverage out of the county boundaries by increasing system power. c. Prepare and follow up on FCC license modifications associated with a. and b. d. Provide 6 Spare Unity Portable radios complete with P25 software and feature set on the existing Unity Portables. e. Provide and install a BDA in the County Jail. f. Provide and install Charge Guards for all sheriff vehicles along with 8 spares. 2. The parties agree to remove the requirement for P25 Phase 2 operation of the VRBS7020 vehicular repeaters as a Final Acceptance condition. 3. The parties agree to amend Exhibit D — System Maintenance Agreement by adding the clause below to Addendum III — Special Conditions. The modified Exhibit D — System Maintenance Agreement, Revision 1 is attached hereto as Attachment 1: In the event the Federal Communications Commission (FCC) issues a Page 1 of 3 P150 narrowbanding mandate (FCC Mandate) requiring the VRBS7020 Vehicular Repeaters achieve 6.25 kHz efficiency in the 700 MHz band, Seller shall provide, at no additional cost to Buyer, a solution such that the Buyers vehicular repeaters will be compliant with the FCC Mandate. 4. Buyer agrees to issue Final Acceptance upon Seller's successful completion of items 1.a through 1.f above. 5. Seller agrees Warranty start date for all Infrastructure equipment shall begin upon Final Acceptance. 6. There will be NO CHANGE to the Total Agreement Price associated with this Amendment. 7. The terms and conditions of the original Agreement, except as amended herein, shall remain in full force and effect. THERFORE, Buyer and Seller, through their duly authorized representatives, have executed this Amendment. BUYER COUNTY OF PITTSYLVANIA COUNTY, VIRGINIA By: Name: SELLER HARRIS CORPORATION RF COMMUNICATIONS DIVISION Christopher W. Chaffee Title: Title: Sr Manager Contracts Date: September 26 2014 Date: September 25 2014 Attachment(s) 1. Exhibit D — System Maintenance Agreement, Revision 1 Page 2 of 3 P151 ATTACHMENT EXHIBIT D — SYSTEM MAINTENANCE AGREEMENT, REVISION 1 Page 3 of 3 P152 �* t s& SYSTEM MAINTENANCE AGREEMENT (REVISION 1) BETWEEN COUNTY OF PITTSYLVANIA COUNTY, VIRGINIA and HARRIS CORPORATION RF COMMUNICATIONS DIVISION Page 1 of 40 P153 THIS SYSTEM MAINTENANCE AGREEMENT, REVISION 1 (hereinafter "Agreement ") is entered into this 26a day of September, 2014, by and between Harris Corporation, a Delaware Corporation, through its RF Communications Division., located at 221 Jefferson Ridge Parkway, Lynchburg, Virginia 24501, USA, ( "Seller "), and County of Pittsylvania County, Virginia located at 1 Center Street, PO Box 426, Chatham, VA 24531 (hereinafter "Customer "). 1. SCOPE OF AGREEMENT During the term of this Agreement (hereinafter "Term "), Seller agrees to provide Customer with repair and maintenance services and parts, as set forth in Section 2 and Addendum IV of this Agreement, to maintain the Customer's radio system equipment provided by Seller to Customer and listed in Addendum II to this Agreement. 2. CONDITIONS OF SERVICE Seller shall supply all supervision, labor, service facilities, repair parts, test equipment, and supplies necessary to meet the service requirements stated in this Agreement. 2.1 Service Facilities Seller shall have a full service maintenance facility available and staffed with factory trained service technicians. The location and staffing level shall be sufficient to meet the service requirements stated in this Agreement. This Agreement will be serviced from the Harris Mid - Atlantic Service Center (MASC) located in Forest, VA. Technical services will be provided by Harris employee technicians, expect when specialty services are required necessitating use of subcontractors per provisions of Section 2.2 below. 2.2 Right to Subcontract Seller may subcontract service work to an authorized service center. Should any subcontractor fail to perform or their work otherwise proves unsatisfactory, Seller will arrange for continuing maintenance of the equipment by qualified technicians for the duration of this Agreement. 2.3 Fixed Equipment Maintenance Fixed equipment is defined as those site repeater stations and associated equipment, multi -site coordinator, console electronics equipment, radio control stations and other fixed equipment, all as listed in Addendum II, Equipment List, attached hereto and incorporated herein by reference. All work on fixed equipment shall be performed at the location of the equipment whenever possible. Emergency service shall be provided twenty -four hours per day, seven days per week. Technical personnel must respond to the emergency service request and begin troubleshooting efforts within two (2) hours of the request and be at the Page 2 of 40 P154 location of the failed equipment within four (4) hours of the request if the problem cannot be corrected remotely. This service is included in the monthly maintenance rate. No fixed equipment shall be out of service in excess of 24 hours after notification of equipment failure when the failure results in the inability of mobile units to communicate with each other or with a dispatch center. 2.4 Mobile Equipment Maintenance Mobile equipment is defined as those vehicular mounted radios, personal portable radios, vehicular repeaters, portable radio chargers and other mobile equipment, all as listed in Addendum II, Equipment List. Mobile equipment shall be serviced at the customer building where the vehicle is normally assigned, at the vehicle's work location, or at a Seller's authorized service facility during normal working hours as mutually agreed upon by Seller and the Customer. All mobile service requests must be responded to within two working days from the receipt of the repair request. If the mobile radio cannot be repaired within two hours from the beginning of a service action, the radio unit shall be replaced, if requested, with a customer - provided spare unit. Emergency service shall be available twenty -four hours per day, seven days per week. Emergency service on mobile equipment, if requested, will be performed at the rate for demand service set forth in Addendum I, Maintenance Rates, attached hereto and incorporated herein by reference. This service is provided to Customer at no cost for Year I through Year 7 of this agreement, which including the three years of warranty will be a total of 10 years of active service of the terminal equipment. 2.5 Spare Parts and Radios a. Seller will maintain an adequate stock of spare parts, system - critical modules and mobile and portable radios as a back -up to Customer's spares inventory. The initial purchase of Customer's spares inventory will be at Customer expense. b. Seller will support provisioning of its equipment for a period of five (5) years after final production of mobile and portable radios and seven (7) years after final production of fixed equipment. Third party equipment will be supported in accordance with the individual manufacturer's provisioning policy. Seller will utilize commercially reasonable efforts to assure third party spare parts and equipment availability to support its maintenance obligations under this Agreement. Seller shall not be liable to Customer for third party spare part and equipment obsolescence or unavailability under this Agreement beyond commercially reasonable efforts. Page 3 of 40 P155 SR's® 2.6 Working Hours Working hours are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays. Work performed outside of working hours is defined as emergency service and will be performed at demand service rates. 2.7 Demand Services "Demand Services" shall mean service requests that are not included in this Maintenance Agreement as described in Section 2.8, Maintenance Responsibilities, of this Agreement. The installation, removal, or reinstallation of equipment not associated with repair / maintenance efforts as defined in this Agreement shall be considered Demand Service and be performed by Seller, following reasonable notice, and at the rates listed in Addendum I to this Agreement. Service work made necessary because of abuse or neglect not under the control of Seller will be performed at the hourly rate for demand service, plus the purchase of parts. Special work, not otherwise covered, will be performed at Seller prevailing rates. 2.8 Maintenance Responsibilities Seller agrees to provide the following services and perform the tasks described as part of this Maintenance Agreement in accordance with the limitations and definitions of Sections 2.7 and 6.4 of this Agreement. a. Seller shall check, on a daily basis, the radio system's alarm status and report any alarm conditions to the customer. Investigation and troubleshooting of alarms shall begin in order of severity and impact to the overall system's ability to maintain effective communications. Seller will inspect/test the communication equipment and make such repairs, adjustments and replacements of components as may be necessary to maintain and /or restore the system to normal operating conditions. b. Seller shall repair, maintain and service all equipment listed in Addendum II, Equipment List, attached hereto. C. Seller shall perform preventative maintenance inspections and tests as recommended by the OEM and required by applicable FCC regulations; as a minimum, these inspections and tests will be performed annually for equipment listed in Addendum II. 2.9 Service Records The following service records shall be maintained and made available to the Customer upon request: Page 4 of 40 P156 "nWR/S� ,f Monthly mobile service activity, by vehicle number, including model number, serial number, work performed and time required to restore service. Monthly emergency service activity including failure type, corrective action taken and time required to restore service. The results of preventive maintenance tests and inspections shall be provided, upon request by the Customer within 30 days of completion. Service records for work performed as described in Section 2.9 shall be retained for the duration of this Agreement and any subsequent renewal periods. 2.10 Software Upgrades Seller will provide labor to install and test software upgrades. 2.11 Database Reprogramming Mobile radio or system database corrections will be provided by Seller at no cost to Customer, during the term of this agreement, if the correction is necessary because of an error or omission on Seller's part. Database changes made at Customer's request will be performed at the hourly rates listed in Addendum I to this Agreement. 2.12 General All services provided under this Agreement are only applicable to the land mobile radio products and systems sold and provided by Seller to Customer and listed in Addendum II to this Agreement. Prior to contract signing, Seller reserves the right to request a complete serial number listing of all equipment to be covered under this agreement for equipment not supplied by Seller under this Agreement. 2.13 Special Conditions Any and all special service conditions are listed in Addendum III to this Agreement, the provisions of which are incorporated herein by reference. 3. CUSTOMER FINANCIAL OBLIGATIONS 3.1 Customer shall pay the annual maintenance fee as set forth in Addendum I to this Agreement in advance, on or before the effective date of this Agreement as set forth in Section 5.1 hereof . Fees for demand services, as set forth in Addendum I to this Agreement, are payable within thirty (30) days of receipt of Seller's invoice. Page 5 of 40 P157 �r Ms 91 3.2 Any other payments under this Agreement are due within thirty (30) days of receipt of Seller's invoice. 3.4 All late payments under this Agreement shall bear interest at a rate of one and one -half percent (1.5 %) per month. 4. WARRANTY 4.1 Seller warrants that all services performed under this Agreement will be done in an efficient and workmanlike manner. Under no circumstances will Seller's liability to Customer exceed the amounts paid by Customer under this Agreement for the applicable service that causes the Customer's claim. IN NO EVENT SHALL SELLER BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF CUSTOMER'S CLIENTS, IF ANY, FOR SUCH DAMAGES. 4.2 THE WARRANTY SET FORTH IN SECTION 4.1 ABOVE IS SELLER'S SOLE WARRANTY UNDER THIS AGREEMENT AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.3 Patents, Trademarks, Information a. Nothing in this Agreement shall be construed as; (i) A warranty or representation by Seller that any advice provided under this Agreement is or will be free from infringement of patents of third parties; or (ii) Conferring a right to Customer to use in advertising, publicity or otherwise any trademark or trade name of Seller; or (iii) Granting to Customer by implication, estoppel, or otherwise any licenses or rights under patents of Seller. b. SELLER MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE ADEQUACY, ACCURACY OR UTILITY OF ANY INFORMATION OBTAINED BY CUSTOMER UNDER THIS Page 6 of 40 P158 AGREEMENT. Seller assumes no responsibilities whatsoever with respect to the use by Customer or any third party of any information obtained by Customer or third party under this Agreement with respect to any use, sale or other disposition by Customer or its clients or other transferees of any products incorporating or made by use of the information obtained under this Agreement. 4.4 General a. Radio systems are subject to degradation of service from natural phenomena such as so- called "skip" interference and other causes beyond the reasonable control of Seller such as motor ignition and other electrical noise as well as interference from other users assigned by the FCC to the same or adjacent frequencies. Seller cannot be responsible for interference or disruption of service caused by operation of other radio systems or by natural phenomena or by motor ignition or other interference over which there is no reasonable control. Such foregoing interference and noise can be minimized by the addition of corrective devices (at Customer's expense) adapted for particular locations and installations. Seller will investigate interference complaints (at the rates specified in Addendum I to this Agreement) and make recommendations as to the use of such devices; however, total freedom from noise and interference cannot be guaranteed. b. Seller does not assume responsibility for signal strength unless the deficiency is the result of substandard equipment maintenance. C. If, due to the action of regulatory authorities, changes to the equipment become necessary, such changes will be performed by Seller upon request at the expense of Customer. 5. TERM AND TERMINATION 5.1 The services under this Agreement will be provided by Seller to Customer for an initial twelve (12) year period starting upon expiration of the three (3) year Warranty Period. The effective date of this Agreement shall be the date of the last signature. 5.2 Failure of the County to appropriate sufficient funds to carry out Customer's obligations hereunder, shall result in termination of this Agreement as of the date funds are no longer available and written notice is given to Seller by the Customer. Customer shall pay Seller for all work performed by Seller prior to the date Seller receives the notice of termination under this section. Page 7 of 40 P159 5.3 In the event that Customer fails to make any overdue payments due to Seller under this Agreement within fifteen (15) days after receipt of written notice from Seller, Seller may at its option immediately thereafter terminate this Agreement. 5.4 In the event of any other default under this Agreement, either Customer or Seller shall give the other party written notice describing the default and a thirty (30) day period to correct the default. This Agreement may then be immediately canceled if the default is not corrected prior to the end of the thirty (30) day period. 6. LIMITATION OF LIABILITY 6.1 The total liability of seller, including its subcontractors or suppliers, on any and all claims, whether in contract, warranty, tort (including negligence or patent infringement) or otherwise, arising out of, connected with, or resulting from the performance or non - performance of any agreement resulting herefrom or from the manufacture, sale, delivery, resale, repair, replacement or use of any equipment or the furnishing of any service, shall not exceed the price allocable to the equipment or service which gives rise to the claim. Except as to title any such liability shall terminate upon the expiration of the applicable warranty period specified in the article entitled "warranty ". 6.2 IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF BUYERS CUSTOMERS FOR SUCH DAMAGES. IF BUYER TRANSFERS TITLE TO, OR LEASES THE EQUIPMENT SOLD HEREUNDER TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING SELLER AND ITS SUBCONTRACTORS AND SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE. 6.3 Any action for any claim of any kind for any loss or damages arising out of, connected with. or resulting from the performance, non - performance or breach of the Contract, or from the manufacture, sale, delivery, installation, technical direction or installation, resale, repair, replacement, licensing or use of any Hardware, Software or the furnishing of any Services, shall be commenced within one (1) year after the cause of action occurred or it shall be deemed waived or barred. Page S of 40 P160 6.4 Seller shall not be liable for costs incurred for repair and /or replacement of equipment that fails or becomes inoperative due to negligence on the part of the user, liquid intrusion, lightning damage, user installations, user removals and /or acts of God, acts of terrorism or work performed by third parties not authorized by Seller to perform work on Seller equipment. Seller shall not be liable for costs incurred for correcting, replacing or repairing equipment damaged and /or data corruption induced and /or caused by 3` party personnel or other equipment / systems not provided by Seller. 6.5 The provisions of this Section, LIMITATION OF LIABILITY, shall apply notwithstanding any other provisions of this Contract and any other agreement. 6.6 The provisions if this Section, LIMITATION OF LIABILITY, shall survive the expiration or termination of this Contract. 7. GENERAL PROVISIONS 7.1 All notices under this Agreement shall be in writing and shall be deemed to have been duly given upon being delivered personally or upon receipt if mailed by certified mail, return receipt requested. Notices shall be sent to the representatives named below or any subsequent representative for which notice was provided pursuant to this section. Seller: Harris Corporation 221 Jefferson Ridge Parkway Lynchburg, Virginia 24501 With a Copy to: Regional Service Manager Harris Corporation 8105 N. Belt Line Road Suite 170 Irving, TX 75063 -6070 Customer: Pittsylvania County Administrator County of Pittsylvania County, Virginia I Center Street PO Box 426 Chatham, VA 24531 7.2 This Agreement shall be interpreted and the legal relations between the parties determined in accordance with the laws of the Commonwealth of Virginia. The invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity of enforceability of any other provisions thereof. 7.3 Seller shall not be responsible for delays or failures in performance under this Agreement that are due to causes beyond its reasonable control including, but not limited to, acts of God, war, acts of terrorism, fires, severe weather, floods, strikes, blackouts, — embargoes or work performed on Seller equipment by third Page 9 of 40 P161 parties not authorized by Seller to perform such work. In the event such delays or failures interrupt Seller's services to Customer, Seller shall promptly notify Customer of the circumstances and the anticipated delay. 7.4 This Agreement represents the entire understanding of the parties with respect to the subject matter hereof and this Agreement supersedes and replaces all prior Agreements and understandings, either oral or written, regarding the subject hereof. 7.5 This Agreement cannot be amended, modified or any provisions waived orally. All amendments and modifications must be in writing and signed by both parties. All waivers must be provided in writing by the party waiving their rights under this Agreement. 7.6 This Agreement may not be assigned without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, Seller may: (i) assign all of its rights, obligations and liabilities under this Agreement to any subsidiary; or (ii) assign its rights to monies due or payable under this Agreement; Seller shall provide Customer with written notice of any such assignment. Seller's assignment of monies due or payable under the Agreement will not relieve Seller of any obligations or responsibilities to Customer hereunder. [Signature Page Follows] Page 10 of 40 1`162 IN WITNESS WHEREOF, intending to be legally bound, Seller and Customer have executed this Agreement as of the dates set forth below. BUYER COUNTY OF PITTSYLVANIA COUNTY, VIRGINIA C Name: Title Pittsylvania County Administrator Date: SELLER HARRIS CORPORATION, RF COMMUNICATIONS DIVISION Name: Christopher W. Chaffee Title Senior Manager, Contracts Date: September 25, 2014 Page 11 of 40 P163 AS APPROVE)) — , J. Vaden Hunt, Esq. County Attorney W H W H � z a z W H r� P164 0 w 0 N .-I bq W in I� N Ol 01 vl � io m m In N o � ��•' I!) 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U Z a U y O 9 9 99 M N xoz o ;u�zzazzza z Oaa Y N 0 2 m (rn n (ro u(Oim ma Em ,� g� 'p �mzz ¢ _ 0 M Q J 2 J ¢tea �•a °� (°o�4 °M°O um(n aj�Uw�u }NX X QY NVgI����`���� QU Ur UU yIL } P183 O 7 w O M Oq Q-1 ADDENDUM III SPECIAL CONDITIONS 1. Option Prices — The prices contained in Exhibit F — Warranty and Options Pricing shall remain valid for the Term of this Agreement. 2. P25 Phase 2 Functionality for VRBS7020 — In the event the Federal Communications Commission (FCC) issues a narrowbanding mandate (FCC Mandate) requiring the VRBS7020 Vehicular Repeaters achieve 6.25 kHz efficiency in the 700 MHz band, Seller shall provide, at no additional cost to Buyer, a solution such that the Buyer's vehicular repeaters will be compliant with the FCC Mandate. 3. Console Upgrade — The originally installed C3 Maestro'P consoles will be upgraded to Symphony consoles during the Term of this Agreement in accordance with Addendum IV. Page 32 of 40 P184 SR's® ADDENDUM IV STATEMENT OF WORK Hams Corporation Public Safety and Professional Communications (PS &PC) is pleased to present Pittsylvania County with an overview of our proposed Service Assurance Plan for the optional maintenance phase. At Harris we view our on -going customer support as both a commitment to our valued customers and as a lasting partnership. As part of the Harris Service Assurance Program, Harris is providing a comprehensive maintenance service plan, commencing at the end of the three year warranty period, designed to address the County's requirements for 24 x 7 x 365 infrastructure maintenance programs into the future. Maintenance and preventative maintenance services will be performed on all sites, control point, and dispatch locations and will include any equipment purchased as part of the interoperability plan as well as mobile equipment and vehicle repeaters. Additional warranty and maintenance options are detailed in the terms and conditions Exhibit F — Warranty Option Pricing. 24x7x365 System Maintenance Maintenance includes all parts listed in Addendum II and labor, transportation, shipping to the customer, and other items normally required to maintain the Harris system infrastructure, mobile and portable radios to original factory specifications. Harris PS &PC technicians will, during the maintenance term, provide primary maintenance and preventative maintenance for the Pittsylvania County radio system. The County will receive, during the warranty period, the Harris Level 1 Optimum Service Program at no additional cost. Level I Optimum service includes: Parts, Labor, 24x7x365 two hour emergency response, daily, weekly, monthly and annual preventative maintenance testing, Monday through Friday communications center (dispatch) center visits, pickup and delivery of mobile and portable radios for repair, monthly performance indicator reports, cal l tracking system, and software installation for FX subscribers. Pittsylvania County will be supported by the Harris Mid - Atlantic Service Center (MASC), a full service North East Regional Service Center located in the Harris Customer Integration Center in Forest, Virginia. This facility is collocated with the Harris Depot Repair Center and in close proximity to the Harris TAC and engineering support facility in Lynchburg, Virginia. The MASC will provide direct supervisory responsibility of the Harris Master System Technicians as well as providing backup technical support for Pittsylvania County. Preventative Maintenance Harris takes a proactive approach to radio system maintenance. The Harris preventative maintenance plan for Pittsylvania County's critical communications system includes: daily alarm monitoring coupled with Monday through Friday dispatch center visits; weekly site visits for site maintenance as well as checking local alarms; monthly end -to -end system voice tests; and bi -annual systemwide alignment verification testing. Service Records The following service reports and records will be provided to Pittsylvania County on the frequency basis indicated: Page 33 of 40 P185 • Weekly Alarm Summary Report — detailing all alarms observed during the week and any actions taken to correct the cause. • Monthly Service Activity Report — detailing all maintenance services performed during the month including equipment type, model and serial number; date and time service request was placed; description of failure reported; date and time that technician arrived on site; diagnosis of failure and work performed; date and time that the failure was corrected; name of technician performing service. • Bi- annual System -Wide PM Report- detailing both pre- and past - alignment results and Harris specified minimum performance levels. Inspections and System Tests Typical inspections and test items include: ■ Physical Site 1. Site Environmental Inspection 2. HVAC operation verification 3. Local alarm check 4. Shelter physical visual inspection 5. Clean floors, air filters and exposed equipment 6. UPS operation 7. Generator oil, fuel and transfer switch operation 8. Complete site log entry. RF System Critical Measurement 1. Antenna system sweep 2. Individual RF station specification tests 3. System timing testing 4. System and voter levels 5. Multiples equipment operation verification Dispatch Center 1. Console position monitors, keyboards and interfaces 2. Headsetjacks and microphones 3. Speakers 4. Alarm system verification 5. System activity reporting Some testing may require a portion of the communications system to be temporarily removed from service. Coordination with the County will be arranged prior to any such testing. Any discrepancies revealed during the inspection and testing will be promptly corrected under the terns of the warranty and maintenance agreement. Service Requests, Notifications, and Response Process The following paragraphs provide a high level over -view of the process steps that are taken in the event of a major system failure to the Pittsylvania County radio system. Please note that a detailed plan, with escalation procedure, will be provided at the time of system cutover. • The County representative will monitor system operation as well as receive service requests from system users. For infrastructure related service issues the County representative will notify the Harris system technician who will initiate a request for service and facilitate the maintenance work. Page 34 of 40 P186 • If the service request is outside normal business hours ( Monday — Friday 8 to 5), the on -call Harris technician will be paged. If after 15 minutes the primary on -call technician has not responded, the secondary or backup technician will be paged. The assigned system technician will respond to the service request taking appropriate corrective action(s). • Within two hours of being notified the technician will be on -site to commence repair activities and the County dispatch supervisor will be notified. Should the two hour response time be exceeded the Pittsylvania County representative will initiate the Harris escalation procedure. • In the unlikely event that the service problem is not resolved within the appropriate restoration window, the Harris North East Regional Service Manager will be notified. It is the responsibility of the Regional service Manager to assign additional technical resources to resolve the issue in a timely manner. At any time the County representative may also escalate their concerns if they feel that they are not receiving a satisfactory response from the Harris service personnel. In the event of a catastrophic system failure, caused by a flood, severe lightning damage, or other serious incident, the Harris team can provide emergency replacement equipment to rapidly restore system operation. Emergency spare parts, switching equipment, consoles, and entire sites are available through our Lynchburg, Virginia facility as well as Harris' other company owned service centers located throughout the United States. Remedial Maintenance Fixed site equipment will be field repaired to the Lowest Replaceable Unit (LRU) level. In most cases this means board, module, or subassembly exchange. Components within LRUs will not be replaced in the field. Harris will maintain spare parts at various strategic locations. As parts are used to repair equipment, all changes in inventory status will be recorded; such as, removal and reinstallation; units in for repair and subsequently returned to the spares inventory; units lost, stolen, or beyond economical repair and scrapped. Demand Services Request for service not covered under warranty or maintenance agreements will be billed at the current demand service rates. Examples of demand services include work necessitated by abuse or neglect, data base corrections, or other factors beyond the immediate control of Harris Corporation and identified as outside of the scope of the contract. Mobile and Portable Radio Maintenance User radio equipment in need of repair will be processed through the following process: • The County representative will notify the Harris system technician of mobile radios in need of service /repair. The technician will open a work order and arrange to perform the service at an agreed upon location. If necessary, the technician will remove the failed unit for transport to the Harris repair depot and replace the unit with a customer spare mobile radio. Upon completion of the repairs the Harris technician will reinstall the repaired unit and return the spare radio to the customer spares inventory. • The County representative will notify the Harris system technician of portable radios in need of service /repair. The technician will pick these radios up at a predesignated location, open a work Page 35 of 40 P187 ticket, and transport the radio(s) to the repair depot. Following completion of repairs the Harris technician will return the portable radios to the centralized location where they were picked up. • All depot level repairs are performed by Harris certified Master technicians and support personnel. The facility has provided the highest quality repairs and turnaround times for our public safety and commercial customers for over four decades. The repair depot is collocated with the main production facility and is ISO 9001; 2000 certified. State -of -the -art test equipment and certified Master Technicians verify that all repairs meet or exceed prescribed specifications. Installation of software FX updates is included during the warranty period and as part of the maintenance services for the post warranty period provided that a software FX agreement is in place following the expiration of the warranty period. Technical Assistance Center (TAC) The Harris TAC is available to provide 24x7x365, telephonic support for equipment manufactured by Harris. Should additional support be necessary TAC can be reached via a toll free 800 Hotline. TAC has immediate access to the Harris R &D, Operations, Engineering and Field teams to assist in problem resolution. Console Upgrade Seller shall replace the C3 Maestro r consoles with Symphony consoles when the Symphony application contains the required feature set for the Customer's system. Scope of Work for console upgrade: • Seller shall deliver and install five (5) Symphony consoles. • Seller shall remove the existing five (5) C3 Maestro v consoles. • Work shall be completed during normal business hours by Seller's on -site technician. • Removal of existing consoles shall not require removal of any networking cabling or routers /switches — those shall be re -used with new consoles. If not, Seller shall provide a quote for any new any networking cabling or routers /switches. • Required mounting space in console furniture shall be provided by Customer for new Symphony housing. • Required mounting space on console furniture for new monitor shall be provided by Customer where old monitor was previously. • New Symphony consoles will not be installed in parallel with existing C3 consoles. This agreement includes maintenance services for the originally installed C3 Maestro" consoles which will be upgraded to Symphony consoles. Once this upgrade is completed, the Symphony consoles will be included in this agreement. Software FX /SUMS Software maintenance includes two categories of products and services; Software FX and Security Update Management Service ( "SUMS "). Both products and services are included during the maintenance period. Specific terns for these services are defined in below. Software FX /SUMS Definitions The following definitions are necessary for understanding this section: Page 36 of 40 P188 ■ "Designated System(s)" means the Seller system(s) purchased by CUSTOMER and identified in Exhibit A to this Agreement. The Designated System does not include Third Party Software Products. Excluded Products or other systems to which the Designated System may be linked. • "Enhancements" s means all Seller provided software updates to either Seller's designated SW system components or SUMS Software updates. • "Licensed Features" means those Software product features which are not included as part of the standard Seller system component or radio product software and which are activated by Seller only upon their being licensed to CUSTOMER. Examples of such features are Landline Data for the Seller system components and Priority System Scan for the Seller portable radios. • "Licensed Programs" means all Seller Software programs and associated documentation nonexclusively licensed to CUSTOMER by Seller for use solely with Seller' Designated System. • "SUMS Software Updates" means periodic, security - related software, including but not limited to, operating system updates, antivirus signatures, and other security related Windows -based 3rd party updates (Adobe, Java, Flash). • "Third Party Software Products" means software owned by a party other than Seller. • "Vendor" means any third party for which Seller purchases Software. • "Vendor Patches" means software updates provided by third -party software vendors that mitigate, address and/or resolve Product Vulnerability Alert(s) ( "PVA(s) "). • "Vendor Work - Arounds" means configuration and /or procedural changes provided by third -party software vendors that mitigate, address and/or resolve Product Vulnerability Alert(s) ( "PVA(s) "). Software FX /SUMS Software Releases Included The following Software FX Software releases are included within the terms of this Agreement: • Software Replacements — In the event any Software media contained within CUSTOMER's System incurs damage, whether from acts of nature or human error, Seller shall provide replacements for such Software to CUSTOMER at no additional charge. • Subsequent Software Enhancements — During the term of this Agreement, Seller shall provide to CUSTOMER Software Enhancements released for the Licensed Programs contained within CUSTOMER's System. Such subsequent Software Enhancements may include: • Security Updates — Seller will provide periodic Security Updates during the term of this Agreement. • SUMS Software Updates — Seller will provide periodic SUMS Security Updates during the tern of this Agreement. • Enhancements and/or modifications to existing features for all system infrastructure and terminals. • New features implemented via the system components already contained within CUSTOMER's System, including unencrypted features for the system backbone components and/or unencrypted features for the radio products. Software FX /SUMS Software Releases Excluded The following Software releases are not included within the terms of this Agreement: Page 37 of 40 P189 �P�Msm • New Products — Any Software products released by Seller for which an earlier generation or release level is not already contained within CUSTOMER's Designated System. If CUSTOMER wishes to implement such Software products within its Designated System, it will need to license such products at the fees then in effect and purchase any necessary compatible hardware for operation of such Software. • Third Party Software — To the extent that such Third Party Software Products are available and compatible with the Designated System, Seller reserves the right to charge an additional fee for upgrades to software programs that are licensed by a third party for use with the Seller system yet are not the property of Seller. The CUSTOMER may be required to have currently executed services/ support Agreement(s) with third -party vendor(s) separate from this Agreement. CUSTOMER must provide evidence of a current services /support Agreement at the Seller's request. • Non - purchased Features — Terminals Software Enhancements that provide additional and/or enhanced feature sets are the responsibility of the CUSTOMER. Such Terminal software installation can be obtained through Seller at rates in effect for such services. Software FX /SUMS Services included Seller will provide to CUSTOMER the services described below at no additional charge: Software FX — Prior to the general release by Seller of any Software Enhancements, Seller shall make available a Software FX features summary announcing the impending release, and detailing its contents and impact, if any, on any other Seller hardware or Software components. • Installation Support — Seller shall include local installation support provided by Seller's technician and telephone support by Seller's Technical Assistance Center (TAC) personnel with respect to the installation of Software Enhancements. Such support will be available during Seller's normal business hours (8:00 a.m. to 5:00 p.m. Eastern Monday through Friday, excluding holidays) and for a period of ninety (90) days from the date the Software Enhancements is released to CUSTOMER. After -hours support will be available through Seller's optional System Maintenance services at prices then in effect. • Infrastructure Equipment Software Update Installation — Installation of System Software Enhancements for infrastructure equipment shall be provided during the maintenance period at no additional cost to CUSTOMER. Software FX /SUMS Services Excluded The following services /products are not included within the terms of this Agreement • Terminal Software Update Installation — Installation of Non service affecting Software Updates for terminal products are not included, but such installations may be obtained from Seller, or its Regional Center(s) of Excellence or Network Solutions Provider, at the rates then in effect for such service, provided that CUSTOMER is in compliance with the terms of this Agreement. • Hardware Upgrades — In the occasional event that a Software Update released requires a corresponding hardware change, CUSTOMER will need to purchase separately the compatible hardware required. Seller will endeavor to notify CUSTOMER in advance via the system level release documentation or, if applicable, via Software FX's upgrade planning service of any hardware changes needed in order to implement a Software Update. No such notice will be given for Third Party Software Updates or Excluded Products, and no hardware upgrade may be available. Page 38 of 40 P190 • Optional Support Services — Other Software support services CUSTOMER may require, including, but not limited to, training, customized software programming is outside the scope of this Agreement but may be obtainable through other programs offered by Seller. Excluded Equipment The following equipment is excluded from this Agreement: Fired Equipment The following items are specifically excluded from coverage by this Maintenance Agreement, unless otherwise noted in Addendum II. Customer may request services on these items at the then current Demand Services Rates listed in Addendum I. • Site Antenna Systems — Specifically Excluded are: • Antennas Mounted external to the site equipment shelter — including antennas mounted on towers, building tops or other structures. • Antenna Feedlines mounted external to the site equipment shelter— including Feedlines to antennas as noted above. • Alcatel Microwave System at all sites, including RF equipment, dishes and antenna waveguides. • Batteries of any type or equipment location. Batteries are considered a consumable item and are not covered by this agreement. • Any UPS or power conditioning equipment and associated batteries are excluded from this Agreement. • Tower Mounted Portions of Tower Top Amplifiers (TTA or TMA) are covered by the Agreement, however, tower work required to access these devices is not covered by this Agreement. • Site Civil Work Items are excluded from this Agreement to include: • Towers and Tower Lighting Systems • Shelters — including lighting fixtures or bulbs & Fire Suppression Systems. • Fences • Roads and surface coverings • Landscaping • Generators & Generator Fuel Tanks • Site Electrical Feed (whether underground or overhead) • Antennas and Antenna Feedlines as well as Cabling from Remote Controller to Desktop Control Stations associated with Desktop Stations / Control Stations / Remote Controllers • Console Personal Audio Accessories (headset, ear piece) Terminal (Non- Fixed) Equipment Page 39 of 40 P191 • Portable Radios — Specifically Excluded are: • Antennas • Batteries • Carrying Cases • Audio Accessories (speaker microphone, headset, ear piece) Mobile Radios — Specifically Excluded are: • Antennas • Power Cables • Control Head to T/R package cables for remote mount units • Fuses & Fuse Holders • Audio Accessories (microphone, headset, ear piece) • Any issues related to vehicular power systems • Voltages out of radio specification range ♦ Voltage spikes Specialized Site Access On -site response times are based on the assumption that the site is accessible by normal transportation methods and 4x4 vehicles. On -site response time requirements exclude site locations that require extensive drive time due to traffic conditions or site locations where specialized vehicles (snowcat, helicopter, etc) are required. In addition, Customer is responsible to ensure that all necessary clearances, escorts, or other special requirements have been met in advance to allow technicians prompt access to any equipment requiring service that may be located in a secured or limited access area of the Customer's facilities. Equipment Lists All services provided under this Agreement are only applicable to the land mobile radio products and systems sold and provided by Seller to Customer and referenced in Addendum II to this Agreement. Prior to signing this Agreement, Seller shall provide a complete listing of all equipment to be covered under this agreement. Customer may add or delete equipment items to the list of maintained equipment by notifying the Seller in writing on an annual basis 60 days prior to the anniversary of this agreement. As additional items are purchased from Seller they will be added to this Agreement on an annual basis. Any changes to this Agreement will be through an Amendment document completed by Seller and provided to Customer for review, approval and signature. The Amendment document will provide revised equipment lists, revised pricing structure changes and any necessary changes to fully incorporate the additional items into the Agreement. Page 40 of 40 P192 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Public Hearing — Amendment to Section 2.22; Running At Large Restrictions in Designated Areas, of the Pittsylvania County Code (PCC): Pin Oak Lane, Carter Drive, Bowe Street SUBJECT/PROPOSAL/REQUEST: Request for Public Hearing STAFF CONTACT(S): Mr. Monday AGENDA DATE: 10 -06 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 20 INFORMATION: INFORMATION: ATTACHMENTS: (1) copy of Section 2 -22 of the PCC (2) Submitted Petition (3) Map of proposed area (4) Calculation of Property Owners' signatures 0 BACKGROUND: Pittsylvania County Board of Supervisors and Chapter 2 -22; Running at Large Restrictions, of the Pittsylvania County Code note that homeowners of defined areas can request the Board of Supervisors to set an animal control area based on more than fifty (50 %) percent of the landowners signing a petition for this service. (See Attachment.) DISCUSSION: Staff received a petition from residents of Pin Oak Lane, Carter Drive and Bowe Street requesting the Board of Supervisors designate these roads from Hwy 58 East until reaching the Berry Hill Road with Running at Large Restrictions per Chapter 2 -22 of the Pittsylvania County Code. After reviewing and comparison to the recorded plat, 14 (56% percent) of the landowners of the proposed controlled area had signed the petition letters in favor of establishing an animal controlled area. (25 eligible landowners with 14 owners'signatures in favor ofa controlled area. See Attachment.) The petition meets the requirements of Chapter 2 -22(b) of the Pittsylvania County Code to hold a public hearing for citizen input. If the Board moves to advertise and hold a public hearing, the hearing date will be October 21, 2014. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P193 SEC. 2 -21. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. (Code 1975, Sec. 1-3) SEC. 2 -22. RUNNING AT LARGE RESTRICTIONS IN DESIGNATED AREAS. (a) Notwithstanding the provisions of Section 2 -13, it shall be unlawful for any dogs, licensed or unlicensed to run at large within certain designated subdivisions, towns, villages, or other defined areas. (B.S.M. 4/19/05) (b) A majority of the property owners in any subdivision, town, village, or other defined area within Pittsylvania County may petition the Board of Supervisors to be included among those areas within which it is unlawful for dogs to run at large. Upon receipt of such petition, the Board shall consider (1) whether the petition is signed by a majority of the property owners within the area, and (2) whether the area is well enough defined to permit adequate enforcement by the Animal Control Officer. Thereafter, the Board shall vote upon the petition. If a majority of the members of the Board vote in favor of the petition, the area designated therein shall be added to those on file in the County Administrator's Office. (c) The following areas shall be designated areas restricting dogs running at large. (1) Quailwood Subdivision, off Orphanage Road in the Mt. Hermon area as recorded in Map Book 43, Page 67 H, Section 2, Lots 1 -26, 28 and 29. (2) Fairfield Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 14, Pg. 84, Sec. A, B, C, D; Pg. 31, Map Book 20, Pg. 65; Map Book 31, Pg. 98. (3) Ridgecrest Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 15, Pg. 51, Sec. A, B, C, D, E; Map Book 22, Pg. 17, Sec. A, B, C; Map Book 33, Page 41, Sec. B, F; Map Book 33, Pg. 42, Sec. G. (4) Olde Hunting Hills Subdivision, off Mt. Cross Road, Secondary Highway 750 as shown on maps recorded in Map Book 23, Pg. 93, Sec. K., Sec. L -Lt. 7A, Sec. B -Lt, 18A; Map Book 13; Pg. 94 Sec's A- IA-3A, B -1 -6, C -1 -3; Map Book 16, Pg. 8, Sec's A -4, 5, B- 18 -24, L -1 -7; Map Book 26, Pg. 25, Sec's A, L, M; Map Book 37, Pg. 49, Sec's L, M, N; Map Book 39, Pg. 12, Sec's A, M, N, P; Map Book 40, Pg. 188, Sec's A, P; Map Book 14, Pg. 65, Sec's D, E. (5) Laurel Woods Subdivision, off Golf Club Road in the Mt. Hermon area as recorded in Map Book 21, Page 7, Sections A, B; Map Book 40, Page 17. (B.S.M. 7/19/05 effective 9/1/05) P194 (6) Mountain View Place Subdivision, off R & L Smith Drive, State Route 863, as recorded in Deed Book 848, Page 748, Sections A & B, Plat Book 43, Page 148 -L, Tax I.D. #125 -A -47, Zoning R -1. (B.S.M. 9/20/05 effective 10/21/05). (7) Stoneridge Subdivision, off Pinecroft Road, State Road 747, as recorded in Deed Book 1176, Page 102; DB 1309, Pg 651; DB 1324, Pg 662; DB 1330, Pg 490; DB 1332, Pg 729; DB 1352, Pg 090; DB 1353, Pg 124; DB 1354, Pg 457; DB 1402, Pg 140; DB 1403, Pg 858; DB 1431, Pg 623; DB 1443, Pg 406; DB 1452, Pg 400; DB 1455, Pg 622; DB 1461, Pg 219; DB 1475, Pg 009; DB 1478, Pg 617; DB 1499, Pg 646; DB 1511, Pg 605; DB 1513, Pg 488; DB 1522, Pg 850. (B.S.M. 7/18/06) (8) A portion of Stony Mill Road, beginning at the intersection of SR 869 & SR 844 and ending at the Stony Mill Bridge at Sandy River. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (9) Mt. Hermon Place Subdivision, from Samuel Road to the end of Pepper Lane, and the cul -de- sacs of Samuel Road, Samuel Ct., Samuel Bend, and Franklin Place as recorded in MB 39, Pg 199; DB 840, Pg 323; MB 40, Pg 84; MB 43, Pg 139B; MB 43, Pg 26J; MB 39, Pg 55; MB 40, Pg 13; MB 42, Pg 193; MB 43, Pg 21C; MB 43, Pg 30G; MB 43, Pg 170B; MB 42, Pg 142. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 10/21/08 effective 11/03/08) (10) Huckleberry Hills Subdivision, from Blue Ridge Drive /SR 634 to end of Banley Street/SR 980, as recorded in DB 1191, Pg 581; DB 1191, Pg 578; DB 606, Pg 164; DB 587, Pg 113; DB 1268, Pg 052; DB 1463, Pg 643; DB 1202, Pg 782; DB 586, Pg 46; DB 998, Pg 609; DB 533, Pg 583; DB 557, Pg 487; DB 1025, Pg 004; DB 894, Pg 124; DB 551, Pg 547; WF 09, Pg 00134; including 250 feet around 125 Banleys Street #2532 -73 -2915 in the Staunton River District, A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 5/19/09) (11) Dogwood Estates Subdivision including the entire subdivision from Ridgecrest Drive (SR 744), along Dogwood Lane (SR 1540), along all of Maple Drive (SR 1541), along all of John Drive (SR 1558) and to the end of Allen Place (SR 1559) as recorded in MB 43, Pg 63C; MB 29, Pg 53 MB 43, Pg 156K; MB 43, Pg 156J; Plat Cabinet 2, Pg 232C. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 4/17/12) (12) Wayside Acres Subdivision, from Hillside Road (Route 1115), to Hogan Street, to Ridgeview Road (Route 1114) MB 2, Pg 100, including 011ie S. Short Subdivision, DB 415, Pg 344 and Pg 345. A Map is available for viewing in the Office of the County Administrator, located at I Center Street, Chatham, Virginia. (B.S.M. 11/05/12) (13) Sunset Bay Subdivision, from Rose Street (SR 758) to the Sandy Court cul -de -sac, along Sunset Bay Road to the Crestview Lane cul -de -sac as recorded in MB 43, Pg. 287E; MB 43, Pg. 251G and MB 43, Pg. 251H. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 2/19/2013) P195 (14) Lakeside Drive the entire length Lakeside Drive coming off U.S. 29N thru its entire length of 2051.18 feet upon reaching the deadend, in the Banister Electoral District. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M.1 /21/14) SEC. 2 -23. FEMALES IN SEASON RUNNING AT LARGE. It shall be unlawful for the owner of any female dog to permit such dog to stray from his premises, while such dog is known to such owner to be in season. During the entire time such dog is in season she shall be confined, restricted or penned up in a building or a secure enclosure adequate to prevent the animal from running at large. Tethering of a female dog in season not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement. For authority of this section, refer to Section 3.2 -6538, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC. 2 -24. IMPOUNDMENT WHERE RUNNING AT LARGE. (a) It shall be the duty of the Animal Control Officer or other officer to cause any dog found running at large in violation of any provisions of this Chapter to be caught and confined in the County animal shelter. Every effort shall be made on the part of such officer to determine ownership of the confined dog and to notify the owner of its whereabouts. If the owner is known by the virtue of a nametag, license or other identification on the dog, such owner shall be notified forthwith by the person taking the dog into custody. (b) A dog confined, pursuant to this Chapter may be claimed by the rightful owner, after displaying proof of ownership, a current dog tag and current rabies inoculation proof. No dog shall be released to any person claiming ownership, unless such tag and proof are displayed. Any owner claiming a dog impounded under this Chapter shall pay to the person in charge of the animal shelter a fee in an amount equal to the actual expenses incurred in keeping the dog impounded. Such fee shall be in addition to any penalty imposed for the violation of this article and shall be paid prior to release of the dog from the shelter. The person collecting such fee shall furnish the owner of the dog with a written receipt, in a form and manner approved by the County Administrator, and shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the County Treasurer when the book is filled and shall be subject to audit by representatives of the Board of Supervisors whenever requested. All such fees shall be disposed of in the same manner as dog license taxes. (c) Dogs impounded under this Chapter may be disposed of after a waiting period of seven (7) days from the time notice was given to the owner or, if the owner cannot be located, seven (7) days after impoundment. Nothing herein shall be construed to prohibit the destruction of critically ill or critically injured dogs for humane purposes. P196 I PETITION FOR CONTROLLE D AREA We the undersigned residents of (lt . .' a-. A'." (1 1 „1 ri% 1 in County, Virginia hereby petition the Pitts Ivanla County oa d of Supervis c ntrolled rea ront !s4 • V rJ A e in accordance with Cha ter 2, Section 2 -22 of the Pittsylvania County Code. Q J Petitioner 7� 1 n Witness letl�4Ti1_r.-. �iJl 7" 1. l-i 4i A,' )IA d i'1. ,Jt1r, Print Name Sign Name P' k �tr•►t„rl�� � d�� �l Address & Telephone Number 2. tJ r3 Print ne FIT-MM Print Name Sign Name / Sign Name Address & Telephone Number Address Fl JUN 2 5 2014 Pittsylvania ors for a k_ /.G„ f ,e_ to � . 3 % ,oD Print Name 0 Print Name v Sign Name Sign Name (� j`l4 w N. r % .1. t� 41" Address & Telephone Number Address 4. i4,4d" K v 4. Print Name Print Name Sign Name Sign Name Address & Telephone Number P197 Address 7� e— %� Petitioner Witness s. ! 2 Kp6cacf Ce1rv,,fA- s. Print Name Print Name Sign Name Sign Name f -t sum &c�9X -12 lei ra;&-j/ Address & Telephone Number Address 6. 'Z4 Pati W-P? -b 6. Print Name Print Name Sign Name Sign Name Address & Telephone Number Address Print Name I Print Name Name .4 ess & Telenhone Number Sign Name � 51. 77a -S- /4i Address In .;4y5/ 9. rl i° 5 i='-&9 , 9. Print Name Print Name Sign Name Sign Name 4, w1w g Address & Telephone Number Address P198 Petitioner 10. ffi aq— Print Name Sign Name I g . Address & Telephone Nur C. Prig t ame r V M Address & Telephone Number 12. / k" c&m Ai K Print Name Sign Name g� 734s' Address & Telephone Number r O"'n Print Name Sign Name / Address & Telephone Number Print Name Sign Name Address & Telepho ie Number Witness 10. P199 Print Name Sign Name VAa Address 11. Print Name Sign Name Address 12. Print Name Sign Name 'l Address 13. Print Name Sign Name eQ - Address 14. Print Name Sign Name P199 3. 5- Y' U ' y1. D� tje- +�,e- e���� b; 4, GLrJ Jai 7 a n l P _x . kp- 4- P200 /g s c r � i t yn 1 l A fi c G r� I = P201 a � H ti Sa 0- PIN OAK LANE, CARTER DRIVE & BOWE STREET TO BERRY HILL ROAD CONTROLLED AREA PETITION OWNER'S NAME & ADDRESS PIN NUMBER PETITION SIGNED Marc H. & Kathy W. Parrish 1388 -11 -0146* Yes 200 Pin Oak Lane, Danville, VA 24541 1388 -01 -9147 1388 -01 -8197 Clara B. Scearce 1388 -01 -7198* No 180 Pin Oak Lane, Danville, VA 24541 1388 -00 -7972 Mailing Address: 1048 Pine Lake Road, Danville, VA 24541 Carla Janet Dodd 1388 -01 -6169* Signed by Jon Vincent 160 Pin Oak Lane, Danville, VA 24541 Not Property Owner James H. & Joyce Crews Stephens 1388 -01 -5036* No 140 Pin Oak Lane, Danville, VA 24541 Tony C. & Bethany M. Nolan 1388 -00 -3975* Yes 120 Pin Oak Lane, Danville, VA 24541 1388 -00 -3906 Arnold T. Jr. & Aquilla A. Mangrum 1388 -01 -1290* Yes 100 Pin Oak Lane, Danville, VA 24541 1388 -01 -2214 James D. & Rosa Y. Hylton 1378 -91 -7037* Yes 174 West Carter Drive, Danville, VA 24541 Ben Hairston Smith 1378 -91 -3006* Yes Ben Hairston & Bertha A. Smith 1378 -90 -3956 77 Bowe Street, Danville, VA 24541 James Randall & Kathy Waters Davis 1378 -91 -8204 No ST RD 1634 Mailing Address: 145 Winston Court, Danville, VA 24540 David W. & Linda C. Oakes 1388 -00 -9435 No ST RD 1630 Mailing Address: 297 Ripley Drive, Danville, VA 24540 Tynecastle Holdings, LLC 1388 -00 -1987* No 180 W. Carter Drive, Danville, VA 24541 Mailing Address: 765 Piney Forest Road, Danville, VA 24541 Glenn A. & Belinda M. Mumpower 1388 -00 -0899* Yes 200 West Carter Street, Danville, VA 24541 1388 -00 -3543 1388 -00 -0987 1388 -00 -4591 Dowin Taz & Meryl W. Dalton 1378 -90 -1784* Yes 88 Bowe Street, Danville, VA 24541 1378 -90 -3610 P2o2 PIN OAK LANE, CARTER DRIVE & BOWE STREET TO BERRY HILL ROAD CONTROLLED AREA PETITION (Continued) OWNER'S NAME & ADDRESS PIN NUMBER PETITION SIGNED Douglas W. Hankins, Et Als 1378 -90 -4935* No Doris H. Janney, Et Als 1378 -90 -5954 101 Bowe Street, Danville, VA 24541 Mailing Address: c/o Shirley Redman 309 Rives Road, Martinsville, VA 24112 Matthew W. & Hannah Crider Stowe 1378 -90 -7903* Yes 129 Bowe Street, Danville, VA 24541 Dowin Taz & Meryl L. Dalton, Et Als 1378 -90 -5624* Inherited 136 Bowe Street, Danville, VA 24541 Mailing Address: 88 Bowe Street, Danville, VA 24541 Zefra Turman Webb 1378 -90 -7622* Yes 172 Bowe Street, Danville, VA 24541 Robert Kent Ferrell 1378 -90 -9620* Yes 224 Bowe Street, Danville, VA 24541 James Roach 1388 -00 -2545* Yes 264 Bowe Street, Danville, VA 24541 Glenn A. Mumpower 1388 -00 -3593* Inherited 288 Bowe Street, Danville, VA 24541 Mailing Address: 200 West Carter Street, Danville, VA 24541 Charles Leonard Davis 1388 -00 -5920* Yes 325 Bowe Street, Danville, VA 24541 1388 -00 -6943 Wanda D. Fitzgerald 1388 -00 -6510* Signed by 348 Bowe Street, Danville, VA 24541 Tyrone Fitzgerald Leonard T. Johnson, Jr. 1388 -00 -8972* Yes 385 Bowe Street, Danville, VA 24541 Hughie & Evelyn B. Dix, Life Tenant 1388 -00 -9995 No ST RD 1630 225 Spring View Court, Danville, VA 24541 Raymond Maurice Mathes 1388 -10 -1598* Yes 448 Bowe Street, Danville, VA 24541 1388 -10 -2528 25 — Total Home & Landowners 14 — Home & Landowners Signed Petition 7 — Home & Landowners Did Not Sign Petition 2 — Home & Landowners Signed Petition that Already Had Property but Inherited Other Property 2 — Signed Petition That Was Not a Home or Landowner 56% of Homeowners/Landowners Signed Petition P203 REPORTS FROM i��►1 MEMBERS P204 REPORTS FROM LEGAL COUNSEL P205 REPORTS FROM COUNTY ADMINISTRATOR P206 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES September 2014 TVPFS OF PFRMTTS 77 BUILDING PERMIT FEES COLLECTED $7,903.97 77 LEVY COLLECTED $158.25 1 SUBDIVISION FEES COLLECTED $63.00 17 ZONING PERMIT FEES COLLECTED $85.00 0 REINSPECTION FEES COLLECTED $0.00 7 LAND DISTURBING FEES COLLECTED $60.00 179 TOTAL FEES COLLECTED $8,270.22 MONTHLY BUILDING VALUES 5 NEW DWELLINGS $1,128,000.00 2 MOBILE HOMES /OFFICE TRAILERS 14,000.00 0 DOUBLE -WIDE MOBILE HOMES 0.00 1 MODULAR 85,000.00 14 COMMERCIAL CONSTRUCTION 2,482,130.00 55 MISCELLANEOUS 567,655.00 77 TOTAL $4,276,785.00 NONTAXABLE: $623,919.00 $24,381,955.00 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE REZONING FEES COLLECTED 3,190 NUMBER OF REJECTIONS OF WORK SPECIAL USE PERMIT FEES COLLECTED 96 NUMBER OF E & S INSPECTIONS VARIANCE & APPEAL FEES COLLECTED 72 NUMBER OF MILES INSPECTORS TRAVELED SIGN PERMIT FEES COLLECTED 4,601 Ml11VTH1 V 70NTNG FFFS 2 REZONING FEES COLLECTED $436.04 1 SPECIAL USE PERMIT FEES COLLECTED 172.59 0 VARIANCE & APPEAL FEES COLLECTED 0.00 0 SIGN PERMIT FEES COLLECTED 0.00 3 TOTAL $608.63 Respectfully Submitted, d� 10/09 Odie H. Shelton, Jr. Director of Code Compliance/ Zoning Administrator P207 PITTSYLVANIA COUNTY VIRGINIA S Y Darrell W. Dalton, Superintendent c 9 Building &Grounds Department Phone (434) 432 -7958 bL� ,as p Fax (434) 432 -2294 51 N. Main St. .+ eY [ ✓ z Grema /Hurt (434) 656 -6211 P.O. Box 426 m `<_ CD �?° y Chatham, Virginia 24531 — t Bachelors Hall/Whitmell (434) 797 -9550 E -mail: dartell.dalton @pittgov.org Dia ,Xp To: Otis S. Hawker, Assistant County Administrator From: Kaylyn Myers, Administrative Assistant II, County Administration --Wk f T- M� Date: October 1, 2014 Subject: COMPLETED WORK ORDERS — SEPTEMBER 2014 Attached please find a listing, by department, of completed work orders for the month of September. This list does not reflect work orders in progress but not yet completed, actual expenses incurred, or routine maintenance necessary for the smooth operation of the County facilities. However, it does reflect the total number of man- hours. Presently, there are approximately 32 work orders still outstanding. If you have any questions concerning this, please do not hesitate to contact me. KM Attachment cc: Clarence Monday, County Administrator Darrell W. Dalton, Superintendent of Building & Grounds P208 BUILDING & GRUUNUS MAIN I ENANUL WORK ORDERS COMPLETED FOR MONTH OF SEPTEMBER 2014 NO, W/O MAN -HOURS ANIMAL CONTROL ARMORY A S C S / EXTENSION / USDA -FSA BOARD OF SUPERVISORS BUILDING & GROUNDS BUILDING INSPECTIONS 2 4 CAPTAIN MARTIN BLDG 2 3 CENTRAL ACCOITFING CENTRAL. PURCHASING CIRCUIT COURT 4 12 CLERK OF COURT 5 9 CODE COMPLIANCE (PLANNING COMMISSSION & ZONING 1 I COMMISSIONER OF REVENUE 2 2 COMMONWEALTH ATTORNEY 1 I COMPACTOR SITE COUNTY ADMINISTRATOR AND ASST. COUNI Y ADMIN. 2 50 COUNTY ATTORNEY COURTHOUSE U 968 ANNEX) COURTHOUSE (EDWIN R- SHIELDS) 1 4 CSA - CPMB DEPOT BUILDING 4 8 EMERGENCY 911 FACILITY 2 41 ENVIRONMENTAL HEALTH FINANCE FIRE MARSHAL GENERAL DISTRICT COURT GRANTS ADMINISTRATION HEALTH DEPARTMENT 3 4 HUMAN SERVICES FACILITY INDUSTRIAL PARKS INFORMATION TECHNOLOGY 1 2 JAIL 260 100 JUVENILE & DOMESTIC COURT JUVENILE & DOMESTIC COURT SERVICES UNIT 3 16 LANDFILL 3 14 LIBRARY 7 15 LITERACY MAGISTRATE MOSES BUILDING 2 6 OLD DOMINION AG. COMPLEX PCED BUILDING REASSESSMENT RECREATION: RAIL -IRAQ. & WAYSIDE PARK RECREATIONAL REGISTRAR- VOTING PRECINCTS 2 5 SHERIFF 1 2 SOCIAL SERVICES 7 46 TREASURER 2 4 VICTIM V,'ITNESS OTHER: 4380 BERRY HILL RD RINGGOLD DEPOT CAL.LANDS CLERKS OFFICE DAN RIVER TOWER SITE 2 8 TOTAL WORK ORDERS COMPLETED- SEPTEMBER 2014 319 357 YEAR TO DATE 0710112014 - 061302015 532 590 P209 PITTSYLVANIA COUNTY VIRGINIA Otis Hawker, Interim �County Administrator P.O. Box 426 Chatham, Virginia 24531 e -mail: dsleeper @pittgov.org To: Otis S. Hawker, Interim County Administrator From: Pete Boswell., Chief Animal Control Officer Date: October 1, 2014, Subject: Animal Control Activity Report Phone (434) 432 -7710 Fax (434) 432 -7714 Gretna /Hurt (434) 656 -6211 During the period of August 29, 2014, 2014 through September 30, 2014, the Animal Control Officers responded to 366 calls; 94 follow up calls as per Pete Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custody: 213 Dogs 86 Cats 118 Other 9 Opossum, skunk, raccoon Animals on hand at month end 19 Animals dispatched 21 Cats -2 dogs-19 Licenses checked 37 Court cases 12 Summons 11 Animals Adopted 2 Animals returned to owners 10 Cats taken to the Humane Society 115 Animals Transferred 25 FC- 25 Injured animals picked up 2 Animals found in traps 108 Exposures: Human /Saliva 0 Exposures: Dogs/Cats/Wildlife 1 Dog Bites 3 Cat Bites 1 Cruelty Checks 1 Well -being Checks 6 Cat/Dog Fights 2 Investigated killings by dogs/cats 2 Investigate killings by Coyotes 0 If you have any questions concerning this, please do not hesitate to contact me. P210 PITTSYLVANIA COUNTY VIRGINIA al�,� Otis Hawker, Interim y` Phone (434) 432 -7710 County Administrator o o Fax (434) 432-7714 P.O. Box 426 t z Gretna /Hurt (434) 656 -6211 Chatham, Virginia 24531 3 ti e -mail: dsleeper @pittgov.org s 1767 J q MEMORANDUM To: Otis S. Hawker, Interim County Administrator From: Pete Boswell., Chief Animal Control Officer Date: October 1, 2014 Subject: Conservators of the Peace Solid Waste Monitoring Report The Animal Control Officers whom have been appointed to the position of Conservators of the Peace monitoring solid waste sites in Pittsylvania County, as per Pete Boswell, Chief Animal Control Officer, for the period of August 29, 2014 through September 30, 2014 Description Number Remarks Total hours monitored 11 hrs Vehicles entering sites 88 Vehicles checked 7 Summons' issued 0 Court Cases 0 Convictions 0 If you have any questions concerning this, please do not hesitate to contact me. P211 CLOSED SESSION P212 ADJOURNMENT P213