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10-17-2017 Work Session & Business Meetint PKTBOARD OF SUPERVISORS WORK SESSION 00 - BUSINESS BUSINESS MEETING PACKET OCTOBER 17, 2017 1767 Pi P2 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION Tuesday, October 17, 2017 4:30 PM Main Conference Room County Administration Building; 1 Center Street, Chatham, Virginia 24531 AGENDA 1. Call to Order (4:30 pm) 2. Roll Call 3. Items to be Added to Agenda 4. Approval of Agenda 5. New Business (a) SCS Broadband Project Update (Presentation by Clay Stewart, SCS CEO) (b) Financial Presentation: Locality Comparisons (Ms. Van Der Hyde) (c) Green Box Collection Sites Removal/Phase-out Discussion (Mr. Hicks) 6. Staff Reports (a) Agenda Software Award Update (Ms. Flippen) (b) GIS Software Award Update (Mr. Sides) (c) Landfill Consultant RFP Award Update (Mr. Hicks) (d) Courthouse and Jail Study RFP Award Update (Mr. Smitherman) 7. Constitutional Officers Reports (if any) 8. Discussion of Business Meeting Items (if any) 9. Closed Session Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. (a) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Project MP Purpose: Discussion of Potential Economic Development Incentive Package P3 (b) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Project Solution Purpose: Discussion of Potential Economic Development Incentive Package 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. (c) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Homeland Purpose: Economic Development Project Status Update (d) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project 123 Purpose: Economic Development Project Status Update 10. Return to Open Session & Closed Session Certification 11. Adjourn to Business Meeting (at 6.30 pm and reconvene in County General District Courtroom at 7.00 pm) P4 I jw 5" } t➢ < } c `� JF v'q � r.c v r�.!;E :,` "1: +�, +- � �� W- .. h a 1 7 t " �� wf` ansa+ rti $a'j?1 " F u � L 4 � fl' � 4iA.t t t ,� S i 4- ^t �.` E •5 i �rj��j'3''� u3.ii Fg ,}',sL`Y'+yi d/r�� .r +fA� ♦ �,,�{IrP ti T=�'V r.�th rjiy M`a.16. G .r ht �, rg_ e }e, ¢ e .,� " 2 �. � .,(' � _ t _ hvJtt �'J-•.�� J ..'iA 9a'sJi�� h�M �}'�1 r'>• 1+. .� �+. v :r4A i r �I it ;�' r l4S �+" ar , � - �i, } r; t-i'•-'� t x xR 'v i r Yt �+ 7 ✓�,�G¢ r W :1 f 2 1 y.� x5t 4 r ��'3". ip S to •i. w..3 ♦ �ry .._} " t r.• +�. r�ky't :t .SI }ds�y��M r x s._ r y � . � .r � v G�'•"` e' v HOT r h C r s r N G r rr..; ap a r � , ,t. r rj � • - d �s 3y,�� , tT e `'.�. e ` ''t lfif f:{a 5• - ' i rii.�v� - x'14 rS�,�q(Y�" , 13 J. l +iS t Jts s f :Nt2 Yre ".. i. ._. ..n. FC.r }. T.• .Y z:'�py�' PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING TUESDAY, OCTOBER 17, 2017 Pittsylvania Court General District Courtroom Edwin R. Shields Courthouse Addition 11 Bank Street Chatham, Virginia 24531 AGENDA (ALL VOTES SHALL BE ROLL CALL VOTES) 1. CALL TO ORDER (7:00 P.M.) 2. ROLL CALL Barber Hagerman Blackstock Davis Scearce Barksdale Warren 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. ITEMS TO BE ADDED TO AGENDA 6. APPROVAL OF AGENDA Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren _ (Roll Call Vote YorN) 7. HEARING OF CITIZENS 8. CONSENT AGENDA Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren _ (Roll Call Vote YorN) (a) Minutes (September 19, 2017, Business Meeting) Pages 15-23 (b) Bill List (September 2017; Online) (c) Proclamation (National Domestic Violence Awareness Month) Pages 24-25 (d) Closed Session Certification Confirmation/Ratification (Sept. 19, 2017) Page 26 (e) Section 125 Plan Renewal Pages 27-60 (f) Request to Purchase Service Revolver Page 61 (g) Resolution 2017-10-01 (Shentel Franchise Renewal) Pages 62-66 (h) Letter of Support — TIGER Program (Ratification) Pages 67-69 (i) Virginia Association of Counties (Voting Credentials for Annual Conference) Pages 70-72 (j) Resolution of Support: Olde Dominion Agricultural Foundation -Agribusiness Grant Pages 73-76 9. PUBLIC HEARINGS A. Rezoninr Public Hearings: • Case 1: Par 5 Development Group, LLC (Dan River Election District); (R-17- 029); (RC -1, Residential Combined Subdivision District to B-1, Business District, Limited) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Can Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren _ (RaB Call Vote Y or N) • Case 2: Par 5 Development Group, LLC (Staunton River Election District); (R-17-030); (R-1, Residential Suburban Subdivision District to B-2, Business District, General) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) • Case 4: Gloria K. Hall & Olivia P. Salzer (Callands-Gretna Election District); (R-17-032); (B-2, Business District, General to RC -1, Residential Combined Subdivision District) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Rall Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren _ (Roll Call Vote YorN) • Case 5: Ronald Sykes & Tammy Sykes (Callands-Gretna Election District); (R-17-033); (R-1, Residential Suburban Subdivision District to A-1, Agricultural District) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) • Case 6: Joseph A. Craddock & Jennifer R. Craddock (Staunton River Election District); (R-17-034); (A-1, Agricultural District to R-1, Residential Suburban Subdivision District) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) • Case 7: Michael L. Hughes (Chatham -Blairs Election District); (R-17-035); (R- 1, Residential Suburban Subdivision District to A-1, Agricultural District) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) • Case 8: Robert E. Daniels Revocable Trust Dated 9/24/97 (Callands-Gretna Election District); (R-17-036); (R-1, Residential Suburban Subdivision District to A-1, Agricultural District Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) • Case 9: Mary L. Doss (Callands-Gretna Election District); (R-17-037); (A-1, Agricultural District to RC -1, Residential Combined Subdivision District) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) N A B. Pittsylvania County Code ("PCC") Potential Revision Public Hearines: • Hearine 1: Public Hearing to receive citizen input on a proposed amendment to PCC Chapter 36, Fee Assessment. The proposed amendment would increase the courthouse construction, renovation, or maintenance fee to the maximum $5.00 per applicable court action/case allowable under Virginia Code §17.1-281(C) Pages 77-81 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) •jttftEjpgj: Publie Hearing to r-eeeive eitizen input on the potential repeal o PCC Chapter- + Fire Prevention Emergeney potential repeal of PurFent PCC Chapter 11, Offlee of Emergene� e potential adoption of a Hem, PCC Chapter- 11, Publie safety (THIS PUBLIC HEARING WILL NOT OCCUR AT THIS MEETING!) 10. NEW BUSINESS (a) Award Contract for Courthouse/Jail Study Pages 82-100 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) (b) Fostering Futures IV -E Foster Care Grant Appropriation Pages 101-104 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments. Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) (c) Workforce Investment Board (Rides Solution Grant Appropriation Pages 105-109 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) (d) Performance Agreement (Parco International, LLC) Pages 110-114 Matron: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments. Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) (e) Resolution 2017-10-03 (Tobacco Commission; Project Lignum Improvements) Pages 115-116 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) (f) Resolution 2017-10-04 (Tobacco Commission; Southside Allocation Grant -Shell Building) Pages 117-118 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) (g) Request for Public Hearing (Amend PCC Section 2-22; Running At Large Designation in Restricted Areas to include Green Farm Road) Pages 119-123 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) 11. (a) Appointment to Planning Commission (Staunton River District Representative) Page 124 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) (b) Appointments to Industrial Development Authority (Chatham/Blairs & Tunstall District Representatives) Page 125 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments. Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) 12. MATTERS FROM WORK SESSION (if any) 13. BOARD ANNOUNCEMENTS 14. REPORTS FROM COUNTY ADMINISTRATOR (if any) 15. ADJOURNMENT September 19, 2017 Business Meeting Pittsylvania County Board of Supervisors Business Meeting September 19, 2017 VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was held on Monday, September 19, 2017 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Chair Robert W. "Bob" Warren, called the meeting to order at 7:00 p.m. The following members were present: Tim R. Barber Joe B. Davis Ronald S. Scearce Jessie L. Barksdale Jerry A. Hagerman Elton W. Blackstock, Jr. Robert W. Warren Tunstall District Dan River District Westover District Banister District Callands-Gretna District Staunton River District Chatham -Blairs District Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt, County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Administration, and Ms. Rebecca Flippen, Deputy Clerk were also present. Mr. Warren asked during the Moment of Silence, followed by the Pledge of Allegiance. Items to be Added Motion was made by Mr. Blackstock, seconded by Mr. Barber, to add the following items to the agenda: 5(f) Set a public hearing for citizen input on a proposed amendment to the courthouse renovation fee; 5(h) Letter of Support for the Regional Transit Project; 5(i) Introduction of the 2017/18 Youth Commission Mr. Blackstock's motion was unanimously approved. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the agenda with the additional items, which was unanimously approved by the Board. Hearing of the Citizens Dan Hayes, Director of Alumni and Friend Development for Averett University, invited the Board and the public to attend Averett's Homecoming festivities and football game October 20-22,2017. Laurie Allen, of the Callands/Gretna District, and Michelle Busey of the Chatham/Blairs District, addressed the Board questioned the procedures being used by staff, and the quality of health care given to the animals by the Lynchburg Humane Society at the Pittsylvania Pet Center. Wayne Robertson of the Chatham/Blairs District, asked the Board to not allow the removal of the Confederate statue in Chatham. P75 Board of Supervisors Business Meeting September 19, 2017 Henry Smith, Chairman of the Trustees of Elba Church in Gretna, Virginia; Maxine Diggs, Dianne Jennings, and Willie Ruff, members of Elba Church, asked that the Board favorably approve the sale of the old Northside High School field in Gretna, Virginia, to the church for their bid amount as it was the highest bid placed for this County -owned property that was being auctioned on GovDeals.com. Gracie Mays presented a trophy to the Pittsylvania County Sheriffs Department as winners of the annual charity softball game between the Pittsylvania County Sheriffs Department and the Danville Police Department. Deputy Chris Brown accepted the trophy on behalf of the Sheriffs Department. Jordan Kee, Chatham/Blairs District, and Tonya Reynolds, Chatham/Blairs District and founding member of the Pittsylvania County S.P.C.A., both said that while no agency was perfect upon initial opening, the Lynchburg Humane Society (LHS) had taken in almost 500 animals since opening late July. Both have visited the center and talked with LHS, and believe LSH is following state regulations and they support LSH wholeheartedly. Karen Maute of the Westover District stated she has been asking for months if the County was going to enforce their zoning ordinance and require Mountain Valley Pipeline (MVP) to apply for Special Use Permits since their easements would fall within our ordinance, and she has yet to get an answer on that question. Ms. Maute also said that at Board of Supervisors' August 16, 2017 Work Session, the County Attorney and Mr. Sides stated that federal lays preempted the County's ordinance since MVP was FERC certified, to which Ms. Maute said was incorrected-MVP was not FERC certified. She further said she was very surprised to see the Board go into Closed Session earlier this evening at their Work Session concerning MVP. She has never said she was suing the County concerning this matter; she just wanted the County to enforce its zoning ordinance. Ms. Maute then read the following statement, as she felt is was not heard during the Board's convening to Closed Session at their Work Session: Mr. Chairman; I am Karen B. Maute, a resident of the Westover District in Pittsylvania County. I protest the closing of this meeting. The reason you have listed for closing the meeting does not meet the provisions of Virginia's Open Meeting Law. I ask that you reconsider your intent to discuss this matter in executive session. I further ask that this protest be recorded in the official minutes of the meeting, as required by law. Ms. Maute's protest statement referred to the Board entering a Closed Session, during their Work Session prior to the Business meeting, under Legal Authority §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended; Subject Matter: Mountain Valley Pipeline; Purpose: Consultation with Legal Counsel Regarding Zoning/Federal Preemption Issues. She submitted a written copy of her statement as well as an email supporting why she felt it should be discussed in Open Session. And she did not want the misperception with the BOS nor the public that she has threatened litigation. Deborah Dix of the Chatham -Blairs District, commented that the BOS previously held Closed Session during their Business meeting that began at 7:00 pm and now they are holding them during their Work Sessions that begin at 4:30 pm. Ms. Dix also stated she attended the Legislative Committee meeting where those committee members discussed whether or not to remove the section concerning the Code of Conduct. Ms. Dix said she felt it should stay because it was a way for removing a member of a board who was violating the Conduct of Code section, and who the citizens did not vote for but the Board of Supervisors had appointed. So, she hoped the Board did not choose to remove the Code of Conduct from their Bylaws. Several members of the Fire and Rescue Association attended to voice their concerns over the Item 12 on the Agenda; Fire and Rescue Request to complete the outfitting with equipment for the Rescue One Truck. Mike Neal of the Dan River District, and Chief of the Ringgold Fire Department stated that exactly one year ago he was present at the Board meeting P16 Board of Supervisors Business Meeting September 19, 2017 where it was approved to purchase the truck. The Board knew the truck would need to be outfitted with equipment in order for it to be used. And somewhere between then and now, other requests have put in front of outfitting the truck. The truck is owned by the Board of Supervisors, not the Fire and Rescue Association, stated Mr. Neal, and if the Board was not going to buy the equipment to outfit it and make it usable for rescue purposes, they should not have bought it. Larry Strader, Chief of the Laurel Grove Fire and Rescue, and former Chief of the Special Ops Team and current member of that same unit, echoed the comments of Mr. Neal. Daniel Giles, of the Chatham 15 Rescue, and current Chief of the Special Ops Team explained the Team consisted of 30 members who collectively were certified in all manners of rescue disciplines, and that this truck was a needed and valued assess for the County, but only if the County finished outfitting it. No one else signed up to speak. Cory Stephen, Program Coordinator for Parks and Recreation, introduced the 2017/18 Youth Commission members: Lauryn Jones -Gretna High School, Kelci Pool -Tunstall High School, Conner Weaver -Tunstall High School, Dylan Sparks -Chatham High School, Kendall Moore -Tunstall High School, Savanah Reed -Tunstall High School, and Joshua Neal -Tunstall High School. Consent Agenda Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the Consent Agenda, which was unanimously approved by the Board. 2. (a) Minutes: August 15, 2017 (b) Bill List — August 2017 (Online) (c) Ratification of Regional One Contract Amendment (d) Restructuring Departments (e) Request from Library to transfer old book turnstiles to schools (f) Ratification of Building Lease for Community Policies Management Team (CPMT) Office Space (g) Proclamation - National Fire Prevention Week; October 8-14, 2017 (h) Ratification of Gravel Parking Lot Lease ,pittzpCbania Countp �oarb of *uperbi�or,5 Proclamation NATIONAL FIRE PREVENTION WEEK October 8' —14', 2017 "Every Second Counts: Plan 2 Ways Out!" WHEREAS, Pittsylvania County is committed to ensuring the safety and security of all those living in and visiting the County; and WHEREAS, U.S. fire departments responded to 365,500 home fires in 2015, according to the National Fire Protection Association (NFPA); and WHEREAS, U.S. home fires resulted in 2,560 civilian deaths in 2015, representing the majority (78 percent) of all U.S. fire deaths; and P17 Bowd of Supervisors Business Meeting September 19, 2017 WHEREAS, newer homes are built with lightweight materials that burn faster than older home constructions; and WHEREAS, many of today's products and furnishings produce toxic gases and smoke when burned, making it impossible to see and breathe within moments; and WHEREAS, these conditions contribute to a much smaller window of time for people to escape a home fire safely, with people having as little as one to two minutes to escape from the time the smoke alarm sounds; and WHEREAS, a home fire escape plan provides the skill set and know-how to quickly and safely escape a home fire situation; and WHEREAS, a home fire escape plan includes two exits from every room in the home; a path to the outside from each exit; smoke alarms in all required locations; and a meeting place outside where everyone in the home will meet upon exiting; and WHEREAS, home fire escape plans should be developed by all members of the household; and WHEREAS, practicing a home fire escape plan twice a year ensures that everyone in the household knows what to do in a real fire situation; 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, Pittsylvania County's residents are responsive to public education measures and are able to take personal steps to increase their safetyfrom fire, especially in their homes; and WHEREAS, the 2017 Fire Prevention Week theme, "Every Second Counts: Plan 2 Ways Out!" effectively serves to educate the public about the vital importance of developing a home fire escape plan with all members of the household and practicing it twice a year; then THEREFORE, the Pittsylvania County Board of Supervisors does hereby proclaim October 8- 14, 2017, as Fire Prevention Week throughout this community; urges all the County's citizens to develop a home fire escape plan with all members of the household and practice it twice a year; and to participate in the many public safety activities and efforts of Pittsylvania County's fire and emergency services during Fire Prevention Week 2017. Public Hearings Rezoning Cases Case 1: Brenda G. Short — Banister Election District: R-17-028 R-1, Residential Suburban Subdivision District to A-1, Agricultural District, General Mr. Warren opened the public hearing at 8:05 pm. Mr. Sides explained that Brenda Short had petitioned to rezone 7.50 acres from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The parcel is located off State Road 1061/Iona Drive in the Banister Election District. Once the property is rezoned to A-1, all uses listed under Section 35- 178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner's request. Richard Armstrong with Armstrong & Associates, Inc., is here to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 8:05 pm. P18 Board of Supervisors Business Meeting September 19, 2017 Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve rezoning Case R-17-028 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board. This concluded the Rezoning Cases Public Hearines Public Hearing to receive citizen input on the disposal of the following parcel of publicly owned property as follows: 0.064 of an acre plot located on the corner of Payne Street Extension in Gretna, Virginia; GPIN #2530-38-6169. Mr. Warren opened the public hearing at 8:06 pm. Mr. Smitherman explained the County had received a request from the Northside High School Museum to obtain property owned by the County; GPIN #2530-38-6169. On this property is the Northside High School Monument Marker, which the Board of Supervisors allowed the Northside High School Alumni to erect on the property. The property in question is a 0.064 acre plot the Board of Supervisors specifically sectioned off for the purpose of allowing the Alumni to erect the monument when the County sold GPIN #2530-39-4367 to Riverside Plumbing in 2005. The Alumni unveiled the completed marker September 1, 2006. As required by Virginia Code § 15.2-1800(B), the County duly advertised the notice of public hearing in the Chatham Star Tribune on August 30 and September 6, 2017. Fair market value on the property identified as GPIN #2530-38-6169 is $900. As the County owns the property, there is no revenue loss if the property is disposed of. No one signed up to speak and Mr. Warren closed the hearing at 8:06 pm. Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve disposing of the property identified as GPIN #2530-38-6169, and direct the County Attorney to proceed with the deed/title process. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board. Public Hearing to receive citizen input on a proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code to include real estate property owned by the New Prospect Baptist Church; GPIN #2555-07- 2288 and GPIN #2555-07-2398. Mr. Warren opened the public hearing at 8:11 pm. Mr. Smitherman explained The New Prospect Baptist Church has submitted two (2) Applications for Real Estate Exemption by Designation to the Commissioner of the Revenue's Office for consideration by the Board. The first application is for GPIN #2555-07-2398 on which sits a house currently located on the parcel that is used for a clothes closet and for youth activities, as well as for parking of the church bus and church car. The second application is for GPIN #2555-07-2288 on which sits a house currently being occupied by an elderly couple rent free. No one signed up to speak and Mr. Warren closed the hearing at 8:11 pm. Mr. Blackstock stated that he would be abstaining from any participation in discussion and voting, as he is a member of The New Prospect Baptist Church. Motion was made by Mr. Davis, seconded by Mr. Barber, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Abstained; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Davis' motion was approved by a majority 6 favorable votes of the Board, with Mr. Blackstock abstaining. P19 Board of Supervisors Business Meeting September 19, 2017 Public Hearing to receive citizen input on an ordinance establishing a deadline for submission of applications for equalization of real estate assessment and for the Board of Equalization to complete its deliberations on such applications, prescribing the form for such applications, and permitting the electronic filing of applications. Mr. Warren opened the public hearing at 8:14 pm. Mr. Hunt explained Virginia Code § 58.1-3378 authorizes the Pittsylvania County Board of Supervisors (`BOS") to provide by Ordinance the date by which Board of Equalization ("BOE") appeal applications must be made by property owners. Said Code Section also allows the BOS to set the date by which the BOE must complete all appeals. In the past, BOE appointment by the Pittsylvania County Circuit Court Judge have been for the twelve (12) month period of January 1 — December 31, after the effective date of the assessment for which they were appointed. This can result in the BOE being called back into session after having completed the set of hearings should a taxpayer wish to appeal. Setting a limitation on the appeal application date and the final date the BOE can dispose of the appeals brings continuity to the entire process, and allows the County to have sufficient clerical assistance to meet the notification requirements. Said change, will also pass the information back to the Commissioner of the Revenue's ("COR") Office in a more timely fashion; thereby, allowing for the making of any corrections needed to second half billings. After the Circuit Court appointment and training, the BOE should convene by mid-March and set a schedule for hearings. Said hearings will begin early April, and the BOE will complete its work by August 31, 2018. No one signed up to speak and Mr. Warren closed the hearing at 8:17 pm. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the Ordinance as presented, stating that the last day to accept appeal applications as June 22, 2018 (thereby, giving enough time to meet the forty-five (45) day appeal notice requirement per Virginia Code § 58.1-3331), and set the last day for the BOE to complete its work as August 31, 2018. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board. AN ORDINANCE ESTABLISHING A DEADLINE FOR SUBMISSION OF APPLICATIONS FOR EQUALIZATION OF REAL ESTATE ASSESSMENT AND FOR THE BOARD OF EQUALIZATION TO COMPLETE ITS DELIBERATIONS ON SUCH APPLICATIONS. PRESCRIBING THE FORM FOR SUCH APPLICATIONS, AND WHEREAS, Pittsylvania County, Virginia (the "County"), is currently undergoing a general reassessment of real property within the County, to be effective January 1, 2018; and WHEREAS, Section 58.1-3370 of the Code of Virginia, 1950, as amended, requires the establishment of a Board of Equalization to receive applications from landowners seeking equalization of their real estate assessment; and WHEREAS, Section 58.1-3378 of the Code of Virginia, 1950, as amended, provides that the Board of Supervisors may establish a deadline by which applications for equalization of real estate assessments must be filed with the Board of Equalization; and WHEREAS, Section 58.1-3378 of the Code of Virginia, 1950, as amended, also provides that the Board of Supervisors may establish a deadline for the Board of Equalization to finally dispose of all application for equalization of real estate assessment. NOW THEREFORE, BE IT ORDAINED by the Pittsylvania County Board of Supervisors this 19th day of September, 2017, that June 22, 2018, be, and is hereby, established P20 Board of Supervisors Business Meeting September 19, 2017 as the deadline date by which applications for equalization of assessment shall be filed with the Pittsylvania County Board of Equalization; and, BE IT ORDAINED FURTHER, that August 31, 2018, be and is hereby, established as the deadline date by which the Pittsylvania County Board of Equalization shall dispose of all timely applications for equalization of real estate assessments; and BE IT ORDAINED FINALLY, that applications shall be filed on a form substantially in the format of the form attached entitled "Appeal Application to the Board of Equalization," and that the filing of electronic applications is authorized as permitted by Section 58.1-3378 of the Code of Virginia, 1950, as amended. This concluded the Public Hearings. Unfinished Business Mr. Smitherman explained that at their August 15, 2017 meeting, the Board held a public hearing concerning the disposal of the following two (2) parcels of publicly owned property via public auction as follows: (1) Lot #1: 2.1 acres located on SR 792/Millstream Drive, Gretna, Virginia; GPIN #2530-38-8407, and (2) Lot #2: 3.04 acres located on SR 792/Millstream Drive, Gretna, Virginia; GPIN #2530-48-0335 . County Staff was approved to issue on Govdeals.com the land parcels in Gretna for auction. Fair market value is $51.400.00. The County received 6 bids, with the highest being $20,500.00, which did not meet market value. If the Board chooses, the property can be sold to the high bid of $20,500.00, or resubmitted for sale through auction or other means. Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve selling to the highest bid of $20,500.00, which was Elba Missionary Baptist Church, and directing the County Attorney to begin the process of transferring the property to the church. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board. News Business Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve Danville- Pittsylvania Community Services' FY2018 Performance Contract Renewal and Revision, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock - Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board. Mr. Smitherman explained that on September 30, 2015, the Board of Supervisors approved Carryover Funds for a vehicle for the Fire & Rescue Association. This vehicle was purchased in October 2016. The Association requested an additional $105,000 to the Rescue 1 account during the FY18 budget process; the request was denied since there was already $106,000 in the account as of April 1, 2017. The account has been spent down to $31,054 over the past four (4) month. Last month the Association requested $116,425 ofunsued FY16 funds be carried -over to FYI for additional upfit; this money was instead used to fund the new Public Safety Coordinator position and the additional EMS unit for Northern Pittsylvania County. Please be aware that the County has a mutual aid agreement with the City of Danville to provide heavy rescue services if a matter arises that the County agencies are unable to handle. Dean Fowler, President of the Fire & Rescue Association, stated that without the additional upfitting of Rescue 1, the truck could not be used for its purpose. The truck was the property of the County, not the Fire & Rescue Association, or any squad, and if the County wasn't going to upfit it, then it should not have purchased the truck. P21 Bowd of Supervisors Business Meeting September 19, 2017 Mr. Blackstock noted that with the closing of Altavista EMS, and having to contract additional coverage with Regional One in order to cover emergency calls in that area of the County, used funds budgeted for Fire & Rescue. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to deny the Fire & Rescue Association's request of $116,425.00 for equipment and the following Roll Call Vote was recorded: Mr. Barber -No; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -No; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was approved by a 5 to 2 majority vote of the Board, with Mr. Barber and Mr. Davis opposing. Ms. Van Der Hyde explained the Pittsylvania County School Board recently entered a lease with First Citizens Bank to purchase 6 passenger buses, 1 special needs bus and 3 maintenance -service vehicles. The Auditor of Public Accounts requires that local governing bodies approve such financings. The Code of Virginia, 1950 as amended does not allow for School Boards to establish and maintain such accounts outside of the County Treasurer's custody. As such, this lease will need to be maintained on the County's books and an appropriation will need to be made for the purchase of these school buses. The School Board received sealed bids to ensure receiving the best interest rate for purchasing a total of 10 buses/vehicles to be used in the Pupil Transportation Department. First Citizens Bank was the bank providing the lowest rate of 1.51%. The total amount financed was $678,714.00 and will be financed for 3 years. The 2018 lease payment has already been appropriated to the School Board's 2018 budget. For auditing purposes, staff recommended that the Board of Supervisors ratify the lease and appropriate $678,714.00 to Fund 210 for the purpose of purchasing 10 buses/vehicles and have these funds maintained by the Treasurer's Office. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to ratify the attached lease and appropriate $678,714.00 to Fund 210 for the purpose of purchasing 10 buses/vehicles and have these funds maintained by the Treasurer's Office, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board. Ms. Van Der Hyde explained the Board of Supervisors approves the School Board budget by category during the budget process each year. Since the budget process occurs early in the year, the Schools will often be notified of additional funds they will be receiving during the next fiscal year that were not anticipated during the original budget process. Below, as Ms. Van Der Hyde presented, is the adopted budget from the Pittsylvania County School Board by category. The bottom line of this budget is the amount approved by the Pittsylvania County Board of Supervisors on April 3, 2017 in the amount of $88,447,941 (School Operating Budget). Staff received a letter from the School Board requesting changes to their approved budget totaling $720,683.60. This change is needed to properly reflect additional state, local and federal funds that the School Board will be receiving during FY2018. The following budget amendments need to be made in order to mirror the School Board budget. These changes will be funded by state funds of $343,547.70, local funds of $123,687.00 and federal funds of $253,448.90 for a grand total of $720,683.60 (please see the attached list for specific sources of funds). None of the local funds are coming from the County's General Fund. Instruction $167,287.32 General Admin & Support 364,830.99 Pupil Transportation 42,469.78 Operation & Maint 58,828.38 Technology 24,084.67 Net Change $720,683.60 P22 Board of Supervisors Business Meeting September 19, 2017 Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve the budget amendments to the School Board's 2017-2018 budget based on the attached request from the Pittsylvania County School Board, and the following Roll Call Vote was recorded: Mr. Barber - Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale - Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board. Motion was made by the Joint Computer/Radio/Telecommunications and Finance Committee, to direct staff to begin the process of advertising for a public hearing at a future meeting on refinancing of bonds for $1.693 million in upgrades in the E911 Tower System, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. The committees' motion was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to set a public hearing to amend Chapter 36; Courthouse Maintenance Fees, in the Pittsylvania Code, which was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve a Letter of Support for the Regional Transit project, which was unanimously approved by the Board. Board Announcements The Board asked everyone to keep the family of the Honorable Mike Taylor, Sheriff, in their prayers on the loss of his mother and father-in-law. Adiournment Mr. Warren adjourned the meeting at 9:15pm. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, Clerk Pittsylvania County Board of Supervisors P23 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — National Domestic Violence Awareness Month; October 2017 SUBJECT/PROPOSAL/REOUEST: Proclamation STAFF CONTACT(S): Mr. Smitherman AGENDA DATE: 10-17-2017 ACTION: ❑ CONSENT AGENDA: 21 ROLL CALL VOTE: ATTACHMENTS: Proclamation REVIEWED BY: ITEM NUMBER: 8(c) INFORMATION: ❑ SUMMARY: At the request of the Honorable Jessie L. Barksdale, attached is a proclamation from the Pittsylvania County Board of Supervisors, designating October 2017 as National Domestic Violence Awareness Month in Pittsylvania County. A representative from HAVEN for the Dan River Region, Inc., will be present to accept the proclamation. FINANCIAL IMPACT AND FUNDING SOURCE: N/A MOTION: I move to approve the proclamation declaring October 2017 as Domestic Violence Awareness Month in Pittsylvania County, and present said proclamation to the attending representative from HAVEN for the Dan River Region, Inc. P2a Vittoprbauia Couutp 38oarb of 6uperbioro Prorfamatfon National Domestic Violence Awareness Month October 2017 WHEREAS, 1 in every 4 women will experience domestic violence during her lifetime and approximately 15.5 million children are exposed to domestic violence every year; and WHEREAS, when a family member is abused, it can have long-term damaging effects on the victim that also leaves a mark on family, friends, and the community at large; and WHEREAS, the problem of domestic violence is not confined to any group or groups of people, but crosses economic, racial, gender, educational, religious, and societal barriers, and is sustained by societal indifference; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and humanity due to the systematic use of physical, emotional, sexual, psychological, and economic control and/or abuse; and WHEREAS, victims should have help to find the compassion, comfort, and healing they need, and domestic abusers should be punished to the full extent of the law; and WHEREAS, victims of the violence should have access to medical and legal services, counseling, transitional housing, and other supportive services so that they can escape the cycle of abuse; and WHEREAS, we encourage domestic violence victims and their families to seek assistance from appropriate victims' services organizations and the National Domestic Violence Hotline (1 -800 -799 -SAFE); and WHEREAS, it is important to recognize the compassion and dedication of the individuals who provide services to victims of domestic violence and work to increase public understanding of this significant problem; and WHEREAS, as a community, we must dedicate ourselves to protecting vulnerable members of our society, we have a moral obligation to work to prevent domestic violence, and to address its brutal and destructive effects; NOW, THEREFORE, in recognition of the important work done by domestic violence programs and victims' service providers, the Pittsylvania County Board of Supervisors does hereby proclaim the month of October as Domestic Violence Awareness Month and urge all citizens to work towards the elimination of domestic violence. Given under my hand this Tuesday, 17h day of October, 2017. Robert W. "Bob" Warren, Chairman Pittsylvania County Board of Supervisors David M. Smitherman, Clerk Pittsylvania County Board of Supervisors P25 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Closed Session Certification Confirmation/Ratification (September 19, 2017) SUBJECT/PROPOSAL/REOUEST: Closed Session Certification Confirmation STAFF CONTACT(S): Mr. Hunt AGENDA DATE: 10-17-2017 ACTION: ❑ CONSENT AGENDA: Ef ROLL CALL VOTE: 1Z ATTACHMENTS: No ITEM NUMBER: 8(d) INFORMATION: ❑ REVIEWED BY: !�ZS SUMMARY: The purpose of this Consent Agenda item is to reconfirm, recertify, and/or ratify the Board of Supervisor's Closed Meeting Certification for the Closed Meeting that occurred on September 18, 2017. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: Staff recommends the Board pass the motion below, through its Consent Agenda. MOTION: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Work Session of the Pittsylvania County Board of Supervisors on September 19, 2017, 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 Vote Tim R. Barber Yes/No Ronald S. Scearce Yes/No Jerry A. Hagerman Yes/No Joe B. Davis Yes/No Elton W. Blackstock Yes/No Jessie L. Barksdale Yes/No Robert W. Warren Yes/No P26 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Amended Section 125 Flexible Benefit Plan Adoption 10-17-2017 and Renewal ACTION: ❑ Approval of amended Section 125 Flexible Benefit Plan STAFF CONTACT(S): Ms. Jordan CONSENT AGENDA: ROLL CALL VOTE: R1 ITEM NUMBER: 8(e) INFORMATION: ❑ ATTACHMENTS: Section 125 Flexible Benefit Plan Adoption Agreement REVIEWED BY: 5vs SUMMARY: Each year the County must approve the Section 125 Flexible Benefit Adoption Agreement. Pittsylvania County's Section 125 Plan provider is American Fidelity. The amended plan will reflect the addition of EyeMed Vision, and continuation of an annual employer contribution of $500 to the Health Savings Account of each enrolled employee. FINANCIAL IMPACT AND FUNDING SOURCE: No additional impact Staff recommends the Board of Supervisors approve revised Section 125 Plan Document, and authorize the County Administrator to sign any necessary documentation. MOTION: I move to approve the revised Section 125 Plan Document, and authorize the County Administrator to sign any necessary documentation. P27 SECTION 125 Version 07/17 of the Sample Plan Document includes the following changes: Updated Section F, #7 — Changed wording for maximum to not exceed the lint as indicated by the IRS in accordance with the law. The attached plan document and adoption agreement are being provided for• illustrative purposes only. Because of differences in facts, circumstances, and the laws of the various states, interested parties should consult their own attorneys. This document is intended as a guide only, for use by local counseL P28 P29 SECTION 125 FLEXIBLE BENEFIT PLAN ADOPTION AGREEMENT The undersigned Employer hereby adopts the Section 125 Flexible Benefit Plan for those Employees who shall qualify 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, 2017 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. Length of Service: Retiree Wording: First day of the month following date of hire N/A Minimum Hours: All employees with 30 hours per week for all County employees including the Social Services Department 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. D. PLAN YEAR The current plan year will begin on October 1, 2017 and end on September 30, 2018. Each subsequent plan year will begin on October 1 and end on September 30. 2 P30 E. EMPLOYER CONTRIBUTIONS Non -Elective Contributions: Elective Contributions (Salary Reduction): P31 The maximum amount available to each Participant for the purchase of elected benefits with non -elective contributions will be: Employer pays up to $590.20 per month for Medical Insurance and $12.00 per month for Dental Insurance. One-time HSA Employer contribution of $500.00 per enrolled employee for 2017-2018. 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. 01 F. AVAILABLE BENEFITS: Each of the following components should be considered a plan that comprises this Plan. 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) Anthem Blue Cross/Blue Shield Group #41302-001;#41302-601;41302-301 American Fidelity Assurance Company Accident Eligibility Requirements for Participation if different than Item C 2. Disabilitv 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= Colonial Comp Accident - N Series Eligibility Requirements for Participation if different than Item C 3. Cancer Coverase -- 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 Colonial Cancer Response Eligibility Requirements for Participation if different than Item C 4. Dental/Vision Insurance -- The terns, 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) EyeMed Delta Dental Dental P32 Anthem Vision Edibility 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, N/A exceed $50,000. N/A 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 - $0.00 per Plan Year Maximum Contribution - $5000.00 per Plan Year Recordkeeper: American Fidelity Assurance Company Eligibility Requirements for Particination, if different than Item C. N/A 7. 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. Maximum Coverage - $2600.00 per Plan Year or a Prorated Amount for a Short Plan Year. In no event can the maximum exceed the limit as indicated by the IRS in accordance with the law. 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 5 P33 Grace Period 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 Iters 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 — As designated by the employee and mutually agreed upon by the employer. Maximum Contribution — indexed annually by the IRS. 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. 6 P34 The Pian 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 Title: Pittsylvania County Board of Supervisors - 501 (Name of Employer) APPENDIX A Related Employers that have adopted this Plan Name(s): THIS DOCUMENT IS NOT COMPLETE WITHOUT SECTIONS I THROUGH X111 PD — 07/17 Document 11D # 108301 MCP #58122 Effective Date: 10/01/2017 9/15/17 12:50 ANI P35 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 P36 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. P37 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. 111 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 NSA 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(1) of the Code. 10 P38 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 perforin 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 P39 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 Vlll 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 pennitted 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 P40 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(£), 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 P41 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 slate 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. 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. (h) Cancellation due to reduction in hours of service. A Participant may cancel group health plan (as that term is defined in Code Section 9832(a)) coverage, except Health FSA coverage, under the Employer's Plan if both of the following conditions are met: (i) The Participant has been in an employment status under which the Participant was reasonably expected to average at least 30 hours of service per week and there is a change in that Participant's status so that the Participant will reasonably be expected to 14 P42 average less than 30 hours of service per week after the change, even if that reduction does not result in the Participant ceasing to be eligible under the group health plan; and (ii) The cancellation of the election of coverage under the Employer's group health plan coverage corresponds to the intended enrollment of the Participant, and any related individuals who cease coverage due to the cancellation, in another plan that provides minimum essential coverage with the new coverage effective no later than the first day of the second month following the month that includes the date the original coverage is cancelled. (i) Cancellation due to enrollment in a Qualified Health Plan. A participant may cancel group health plan (as that term is defined in Code Section 9832(a)) coverage, except Health FSA coverage, under the Employer's Plan if both of the following conditions are met: (i) The Participant is eligible for a Special Enrollment Period (as as defined in Code Section 9801(f)) to enroll in a Qualified Health Plan(as described in section 1311 of the Patient Protection and Affordable Care Act (PPACA)) through a competitive marketplace established under section 1311(c) of PPACA (Marketplace), pursuant to guidance issued by the Department of Health and Human Services and any other applicable guidance, or the Participant seeks to enroll in a Qualified Health Plan through a Marketplace during the Marketplace's annual open enrollment period; and (ii) The cancellation of the election of coverage under the Employer's group health plan coverage corresponds to the intended enrollment of the Participant and any related individuals who cease coverage due to the cancellation in a Qualified Health Plan through a Marketplace for new coverage that is effective beginning no later than the day immediately following the last day of the original coverage that is cancelled. 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: (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. P43 15 (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 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 P44 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 I 1 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 P45 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 Vil 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 mariner 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. W P46 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 last day of the third month 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 X11. d. Fundin . 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 retraining 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. f 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 P47 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 file 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. It. 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 P48 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 P49 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 internet, 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-payanents 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 deein 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 P50 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 to the 15th day of the third calendar month 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 P51 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 IX, 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 last day of the third month 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 X11. d. Fundin . 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 24 Psz (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 1X) 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 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 HEALTIi 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 P53 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 ternis 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 26 Ps4 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. Recordkeeping. 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 P55 The delegate shall report periodically to the Administrator concerning the discharge of the delegated responsibilities. 12.07 RIGHT TO RECEIVE 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 fumished 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 P56 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 furnished with a written notice of adverse benefit determination setting forth: I. 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 P57 A Participant's written appeal should state the reasons that lie 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 detennination on review setting forth: 1. 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 P58 • 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, "PHP' 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 P59 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 maturer (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 P60 PD - 05/16 P61 9/15/2017 12:50 AM 33 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request to Purchase of Service Weapon SUBJECT/PROPOSAL/REQUEST: Request to Purchase of Service Weapon STAFF CONTACT(S): Mr. Smitherman AGENDA DATE: 10-17-2017 ACTION: ❑ CONSENT AGENDA: Q ROLL CALL VOTE: Q ATTACHMENTS: No ITEM NUMBER: 8(fl INFORMATION: ❑ f"-5 SUMMARY: Over the years, the Pittsylvania County Board of Supervisors has approved requests to purchase service weapons issued to officers of the County meeting the requirements under §59.1-148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended. Pete Boswell, retired Chief Animal Control Officer as of October 1, 2017, has requested to purchase his service revolver and meets the requirements of this State Code. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: Staff recommends the Board of Supervisors approve Mr. Boswell's request to purchase his service weapon now that he has retired, under §59.1-148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended. MOTION: I move to approve Pete Boswell's request to purchase his service weapon now that he has retired. P62 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution 2017-10-01; Shentel Franchise Renewal SUBJECUPROPOSAUREOUEST: Extension of term to existing franchise agreement STAFF CONTACT(S): Mr. Hunt AGENDA DATE: 10-17-2017 ACTION: ❑ CONSENT AGENDA: ¢J ROLL CALL VOTE: El ITEM NUMBER: 8(g) INFORMATION: ❑ ATTACHMENTS: 1) Letter from Shentel dated 09-22-2017 2) Resolution 2017-10-01 REVIEWED BY: 5zes SUMMARY: Shentel/Shenandoah Cable Television, LLC is a cablevision franchise recognized under Section 30.1 of the Pittsylvania County Code. The fifteen (15) year term for Shentel will end March 25, 2018. Shentel has submitted a resolution (attached) requesting to extend the term of the existing franchise agreement for another fifteen (15) years, commencing on March 26, 2018 through March 25, 2033. FINANCIAL IMPACT AND FUNDING SOURCE: None RECOMMENDATION: The resolution has been reviewed by the County Attorney and has been approved as to form. Staff recommends the approval of Resolution 2017-10-01 as submitted. MOTION: I move to approve Resolution 2017-10-01, granting Shentel's request to extend the term of the existing franchise agreement another fifteen (15) years, commencing March 25, 2018 through March 25, 2033. P63 SHENTEL® Always connected to you September 22, 2017 County of Pittsylvania 1 Center Street PO Box 426 Chatham, VA 24531 Re: Franchise Agreement with Shenandoah Cable Television, LLC Dear Sir or Madam: As you are aware, Shenandoah Cable Television, LLC currently holds a franchise agreement ("the Franchise") for a cable system located in the County of Pittsylvania, VA. Our records indicate that the Franchise expires March 25, 2018. Shentel respectfully requests that the County review and sign the enclosed resolution to extend the term of the existing franchise agreement fifteen (15) years, commencing on March 26, 2018 through March 25, 2033. If this resolution is acceptable, please sign and return to me. Should you have any questions, please do not hesitate to contact me at (540) 984-5187. Thank you for your anticipated cooperation in this matter. Sincerely, l/V v v Chris Kyle Vice President — Industry Affairs & Regulatory CK/aw RESOLUTION NO. 2017-10-01 RESOLUTION OF COUNTY OF PITTSYLVANIA, VIRGINIA APPROVING THE RENEWAL OF THE CABLE TELEVISION FRANCHISE WHEREAS, Shenandoah Cable Television, LLC ("Franchisee") owns, operates and maintains a cable television system ("System") serving the County of Pittsylvania, Virginia pursuant to a franchise agreement which expires on March 25, 2018 (the "Franchise") issued by the County of Pittsylvania, Virginia (the "Franchise Authority"), and Franchisee is the duly authorized holder of the Franchise; and WHEREAS, Franchisee has requested the consent of the Franchise Authority for the renewal of the Franchise in accordance with the requirements of the Franchise and applicable law; and WHEREAS, Franchisee has represented that it will comply with the terms and conditions of the Franchise; and WHEREAS, the Franchise Authority believes that it is in the best interest of the community to approve the renewal of the Franchise granted to Franchisee. NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: SECTION 1. The Franchise Authority hereby approves and consents to the renewal for a term of fifteen years of the Franchise, all in accordance with the terms of the Franchise and applicable law and Franchisee shall comply with the terms and conditions of the Franchise. SECTION 2. The Franchise Authority confirms that the renewal term of the Franchise shall be for a term of fifteen (15) years commencing on March 26, 2018 and ending on March 25, 2033. SECTION 3. The Franchise Authority agrees that the pledge of, or grant of a security interest in, the Franchise to any lender(s) of Shenandoah Cable Television, LLC or its affiliates, for the purpose of securing indebtedness, shall not require the consent of the Franchise Authority and is hereby authorized. P65 SECTION 4. This Resolution shall have the force of a continuing agreement with Franchisee, and Franchising Authority shall not revoke, amend or otherwise alter this Resolution without the consent of Franchisee. PASSED, ADOPTED AND APPROVED this day of 2017. COUNTY OF PITTSYLVANIA, VA I� Name: Title: ATTEST: Clerk: I, the undersigned, being the duly appointed, qualified and acting Clerk of , hereby certify that the foregoing resolution No. is a true, correct, and accurate copy as duly and lawfully passed and adopted by the on the day of .2017. P66 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Letter of Support — U.S DOT TIGER Grant (ratify) SUBJECTIPROPOSAUREOUEST: Ratify Letter of Support for a TIGER Grant to Benefit Berry Hill Industrial Park STAFF CONTACT(S): Mr.Rowe AGENDA DATE: 10/17/2017 ACTION: 0 CONSENT AGENDA: ROLL CALL VOTE: ❑ ITEM NUMBER: g(h) INFORMATION: ❑ ATTACHMENTS: Letter of Support — dated October 12, 2017 REVIEWED BY: C;d-s SUMMARY: Pittsylvania County and the City of Danville, through the Danville Pittsylvania Regional Industrial Facility Authority, have applied to the U.S. Department of Transportation TIGER grant program for rail infrastructure in the Berry Hill Industrial Park and Chesapeake Port improvements. These projects will generally benefit the Berry Hill Park, but will specifically benefit Project Lignum. Project Lignum involves 80 new jobs and $120 million in capital investment. A letter of support is needed from Pittsylvania County for this application. The TIGER application was due October 16, 2017, so the letter of support had to be signed on October 12, 2017. FINANCIAL IMPACT AND FUNDING SOURCE: There is no local match required for this particular grant RECOMMENDATION: Staff recommends that the TIGER letter of support, with signature from the Board Chairman be ratified. MOTION: I move that the US DOT TIGER grant letter of support for Rail Infrastructure and Chesapeake Port Improvements, dated October 12, 2017, be approved and ratified. P67 Pittsylvania County SUPERVISORS g S Y L v q David M. Smitherman Robert W. Warren, Chairman Y� ��, County Administrator Joe B. Davis, Vice -Chairman o Phone (434) 432-7710 Tim R. Barber �s ° Fax (434) 432-7714 Jessie L. Barksdale W Or z Email: david.smitherman@pittgov.org Elton W. Blackstock 1767 " Jerry A. Hagerman t; I N Ronald S. Scearce BOARD OF SUPERVISORS P.O. Box 426 Chatham, VA 24531 October 12, 2017 The Honorable Elaine L. Chao Secretary, U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 RE: TIGER Application for Danville Rail Infrastructure and Chesapeake Port Improvements Dear Secretary Chao: As Chairman for the Pittsylvania County Board of Supervisors, I am pleased to offer my strong support for the TIGER grant application for federal funding submitted by the Danville- Pittsylvania Regional Industrial Development Authority (the "Authority"), the City of Danville, Virginia and Pittsylvania County, Virginia. Funding will support, among other endeavors, the construction of a rail spur serving the Berry Hill Industrial Park (the "Park") located in rural southern Virginia. The Danville-Pittsylvania region, which continues to struggle with high rates of unemployment and low median household incomes, is one of the most economically challenged areas in the Commonwealth of Virginia. The Park, which the Authority is currently developing, has the potential to create the sustained economic growth necessary to positively transform the area. At present, the Park has no rail connection. The construction of a rail spur at the Park funded by a TIGER grant would greatly contribute to the Park's attractiveness to businesses seeking to ship their products by rail. By enticing new manufacturers to locate at the Park, implementation of the proposed plan would result in the creation and continued support of new high -paying jobs. Additionally, the construction of a wood pellet facility in the region would provide a direct economic impact to more than 5,000 farm land owners in Pittsylvania county and contiguous Virginia counties in the form of jobs and additional timber market opportunities. P68 Secretary Chaos TIGER Application October 12, 2017 Page 2 of 2 It is my hope that you will give favorable consideration and fund the Danville Rail Infrastructure and Chesapeake Port Improvements through the 2017 TIGER grant program. The economic competitiveness of the disadvantaged Danville-Pittsylvania region would greatly benefit from the implementation of the proposed plan. ceerrely,, % Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors P69 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Virginia Association of Counties (VACo) Voting Credentials for Annual Conference SUBJECT/PROPOSAL/REQUEST: Voting Credentials for Annual Meeting STAFF CONTACT(S): Mr. Smitherman AGENDA DATE: 10-17-2017 ACTION: ❑ CONSENT AGENDA: 0 ROLL CALL VOTE: El ATTACHMENTS: Voting Credentials Form ITEM NUMBER: 8(i) M INFORMATION: ❑ SUMMARY: Members of the Board of Supervisors will be attending the annual meeting for the Virginia Association of Counties (VACo) at the Homestead Omni November 12-14, 2017. Each year the Board of Supervisors votes to approve the authorized credentials for the representatives of Pittsylvania County at the Annual Business Meeting, which will be held this year on Tuesday, November 14, 2017. Attached hereto is the voting credential form for the annual meeting. In the past, the Board has approved the Chair to be listed as the authorized voting delegate for Pittsylvania County and one alternate. The following Board members are confirmed to attend this conference: Mr. Warren; Mr. Barber; and Mr. Barksdale. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: MOTION: I move to appoint Chairman Warren as the authorized voting delegate, and (either Mr. Barber or Mr. Barksdale) as the alternate delegate at the VACo 2017 Annual Meeting. P70 President Mary W. Biggs Montgomery County President -Elect William A. Robertson, Jr. Prince George County First Vice President Shenin C. Alsop King and Queen County Second Vice President Robert Thomas, Jr. Stafford County Secretary -Treasurer Donald L. Hart, Jr. Accomack County Immediate Past President Judy S. Lydia Burry County Executive Director Dean A. Lynch, CAE General Counsel Phyllis A. Emco, Esq., CAE 1207 E. Main St., Suite 300 Richmond, Va. 23219.3627 Phone: 804.788.6652 Fax: 604.788.0083 Email: mail@vaco.org Website: www.vaco.org Virginia Association of Counties Connecting County Governments since 1934 TO: Chairs, County Board of Supervisors County Chief Administrative Officers FROM. Dean A. Lynch, Executive Director RE: Voting Credentials for the Annual Business Meeting DATE: September 27, 2017 ® 11 Virginia Association of Counties The 2017 Annual Business Meeting of the Virginia Association of Counties will be held on Tuesday, November 14 at 10:30 a.m. at The Omni 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, 2017. Alternatively, this information may be submitted to the Credentials Committee at its meeting on Monday, November 13 at 1:00 p.m. in the Monroe Room or to the conference registration desk before this meeting. NOMINATING COMMITTEE The Nominating Committee will meet at 4:00 p.m. in the Mount Vernon Room on Monday, November 13th during VACo' s Annual Conference at the Omni Homestead. The committee is charged to nominate a candidate for President, 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 and to VACo's Executive Director. REGIONAL DIRECTORS Pursuant to VACo's Bylaws, "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 6:00 p.m. on Monday, November 13th. The attached list shows the regional directors that must be selected. Attachments VACo Board of Directors Nominations Committee Credentials Committee Nominations Committee Guidelines Regional Director Caucuses P71 Voting Delegate: (Supervisor) Title Locality Alternate Delegate: (Supervisor) Name Title Locality Certified by: (Clerk of the Board) Name Title Locality VACo 2017 Annual Meeting Voting Credentials Form Form may be returned by mail or fax (804-788-0083) VACo 2017 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 2017 Annual Meeting of the Virginia Association of Counties on November 14, 2017. a non -elected official of this county. -OR- a supervisor from County. This authorization is: Uninstructed. The proxy may use his/her discretion to cast County's votes on any issue to come before the annual meeting. Instructed. The proxy is limited in how he/she may cast County's votes. The issues 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 P72 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution of Support — Olde Dominion Agricultural Foundation — Agribusiness Grant SUBJECT/PROPOSAL/REQUEST: Support for ODAF Agribusiness Grant STAFF CONTACT(S): Mr. Sides AGENDA DATE: 10/17/2017 ACTION: ❑ CONSENT AGENDA: ROLL CALL VOTE: ATTACHMENTS: ODAF Resolution REVIEWED BY: ITEM NUMBER: 80) INFORMATION: ❑ M SUMMARY: The Olde Dominion Agricultural Foundation (ODAF) proposes to apply to the Tobacco Commission's Agribusiness Grant program for Phase 2 of a Livestock Expansion project at the Olde Dominion Agricultural Complex. The Foundation also plans to apply for grant funding for the same project to the Danville Regional Foundation. The ODAF would like to have a Resolution of Support from the Pittsylvania County Board of Supervisors to help support their grant applications. FINANCIAL IMPACT AND FUNDING SOURCE: Approval of the Resolution of Support does not involve any financial commitment from the County. The Tobacco Commission's Agribusiness Grant program does not have an allocation system, so there is no conflict with any County Tobacco grant applications. RECOMMENDATION: Staff recommends that the Board support agribusiness in the County and approve the Resolution from the Olde Dominion Agricultural Foundation MOTION: I move that we approve Resolution 2017-10-04, furnished by the Olde Dominion Agricultural Foundation, in support of their grant applications to the Tobacco Commission and the Danville Regional Foundation, with the understanding that there is no financial commitment required by Pittsylvania County. P73 RESOLUTION: 2017-10-04 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA COUNTY, VIRGINIA VIRGINIA TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION PROJECT ENDORSEMENT RESOLUTION WHEREAS, the Virginia Tobacco Indemnification and Community Revitalization Commission was created to help foster economic development in the tobacco dependent communities of Southside and Southeast Virginia; and WHEREAS, the Olde Dominion Agricultural Foundation Board located in Pittsylvania County, Virginia would like to submit a grant application in the amount of $478,888 to the Virginia Tobacco Indemnification and Community Revitalization Commission utilizing the Agribusiness Projects Grant Program; and WHEREAS, the Olde Dominion Agricultural Foundation Board located in Pittsylvania County, Virginia would also like to submit a grant application in the amount of $458,887 to the Danville Regional Foundation; and WHEREAS, the funds are to be used for the Phase 2 Livestock Expansion and upgrade of the Olde Dominion Agricultural Complex and will be fully funded through grant sources (as listed above), and/or the Olde Dominion Agricultural Foundation, with no financial commitment to Pittsylvania County; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Pittsylvania, Virginia, does hereby support a grant application to the Virginia Tobacco Indemnification and Community Revitalization Commission in the amount of $478,888 and a grant application to the Danville Regional Foundation in the amount of $458,887 for the Phase 2 Livestock Expansion at the Olde Dominion Agricultural Complex. It is anticipated that once complete, the upgrade to the Complex will continue to promote agriculture in the region, increase income for farmers, and encourage tourism and revitalization to the area, and BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Pittsylvania does hereby authorize the Board of Supervisors Chairman and/or County Administrator to sign this Project Endorsement Resolution for the Olde Dominion Agricultural Foundation. Certification 1 hereby certify that the foregoing resolution was duly considered by the Board of Supervisors of the County of Pittsylvania, Virginia at a regular board meeting in Pittsylvania County, Virginia, at which a quorum was present and that same was passed this day of October 2017. ATTEST: County Administrator Chairman P74 THE OLDE DOMINION AGRICULTURAL FOUNDATION Phase II Livestock Expansion Qlde Dominion Agricultural Complex The Olde Dominion Agricultural Foundation's (C)DAF) mission is to promote and support regional agriculture by offering a community based venue to education and entertain. The Foundation's mission defines its purpose and sets the parameters for its work. Its mission directs the organization to advocate for agriculture and serve as its key supporter throughout the region. In addition, the board is charged to use its facilities and resources for educational programming and entertainment that benefits the community it serves. The Foundation, in collaboration with regional groups, rapidly built the complex as the hub for fostering a deeper understanding of the importance of regional agriculture and the exploration of agricultural best practices and production opportunities. Driven by its mission, the Foundation continues to work to cultivate the next generation of producers through education and market opportunities. Such opportunities require expanding the livestock facilities for additional program offerings for the area's agricultural producers. The ODAF board desires to expand the Olde Dominion Agricultural Complex facilities to enable them to support a number of comprehensive programs to benefit livestock producers. The Phase II Livestock Expansion of facilities at the Olde Dominion Agricultural Complex (ODAC) includes a new livestock barn (100' X 125') to hold up to 150 cattle, an associated livestock penning system that will be used in all the facilities, and a cover for the existing warm up ring (150' X 75') that was constructed as part of Phase I which will increase the livestock housing capabilities. The Olde Dominion Agricultural Foundation Phase II Livestock Expansion has four primary objectives. Three of the objectives are focused on increasing income for livestock producers in the region surrounding the ODAC. The fourth objective is to increase tourism income to Pittsylvania County by increasing the number of visitors from outside of the region who come to ODAC for agriculture -related events. 19783 US Hwy. 29, Suite G, Chatham, VA 24531 (434) 432-8026 (o) www.theodac.com olddominionagfound@gmail.com P75 THF. OT.DE DOMINION AGRICUL'T'URAL FOUNDATION Objective 1: Collaborate with regional Virginia Cooperative Extension agents and cattle associations to use the facility to co -mingle calves and increase participation in the Virginia Quality Assured Marketing Program. Objective 2: Improve the genetics of cattle herds in the ODAC region by offering seed stock and female sales to farmers, as well as determine the feasibility of offering a pilot breeding program on-site. Objective 3: Expand goat marketing and breed shows in Southside Virginia. Determine feasibility of offering sheep markets. Objective 4: Attract state and national livestock shows to ODAC. The Olde Dominion Agricultural Complex has already proven itself a vital asset to the region and a wise investment for the Tobacco Commission and the Danville Regional Foundation. By completing the Phase II Livestock Expansion, the ODAC positions itself to become one of the finest agricultural centers in the Commonwealth. In addition, the expansion encourages collaboration between existing county and state organizations, agricultural producers, and agricultural associations to provide exceptional educational opportunities to producers, promote agribusiness expansion and encourage agritourism in Southside Virginia. 19783 US Hwy. 29, Suite G, Chatham, VA 24531 (434) 432-8026 (o) www.theodac com olddominionagfound@gmail.com P76 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing to receive citizen input on a proposed amendment to Chapter 36, Fee Assessment, of the Pittsylvania County Code. SUBJECT/PROPOSAUREOUEST: Public Hearing STAFF CONTACT(S): Mr. Hunt AGENDA DATE: 10-17-2017 ACTION: CONSENT AGENDA: ❑ ROLL CALL VOTE: LTJ ITEM NUMBER: 9(13) Hearing 1 INFORMATION: ❑ ATTACHMENTS: Draft Amendment Chapter 36; Fee Assessment of Pittsylvania County Code CC'S SUMMARY: Virginia Code §17.1-281(C), allows for the County to collect an additional $3.00 fee per appropriate court action/case (maximum of $5.00) for courthouse construction, renovation, or maintenance, if it's courthouse is certified, following an application and facility inspection by the Department of General Services (DGS), as being non-compliant with the current safety and security guidelines in the Virginia Courthouse Facility Guidelines, and said non-compliance "cannot be feasibly renovated to correct such non-compliance." Staff submitted the application to DGS, and following their inspection, the County received a response from DGS on June 28, 2017, certifying the County of Pittsylvania-Courthouse Facility -General District, Circuit Court, and Juvenile & Domestic Court Facilities are in non-compliance with the Virginia Courthouse Facility Guidelines, Second Edition. The Public Hearing is to receive citizen input on a proposed amendment to Chapter 36, Fee Assessment, of the Pittsylvania County Code. The proposed amendment would increase the courthouse construction, renovation, or maintenance fee to the maximum five dollars ($5.00) per applicable court action/case, allowable under Virginia Code §17.1-281(C). The Public Hearing was duly advertised on October 0, and again on October l la', 2017. FINANCIAL IMPACT AND FUNDING SOURCE: The proposed amendment will increase funding available for courthouse construction; renovation or maintenance. The final cost to bring all court facilities brought up to applicable guidelines is not known at this time. RECOMMENDATION: Staff recommends holding the public hearing and after closing, approving the amendment as presented of Chapter 36, Fee Assessment of Pittsylvania County. MOTION: I move to approve the amendment to Chapter 36; Fee Assessment of the Pittsylvania County Code as presented in the public hearing. P77 PUBLIC HEARING NOTI( The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, October 17, 2017, at 7:00 p.m., in the Pittsylvania General District Courtroom, located on the second floor of the Edwin R. Shields Courthouse Addition, 11 Bank Street, Chatham, Virginia, 24531, to receive citizen input on a proposed amendment to Chapter 36, Fee Assessment, of the Pittsylvania County Code. The proposed amendment would increase the courthouse construction, renovation, or maintenance fee to the maximum five dollars ($5.00) per applicable court action/case allowable under Virginia Code §17.1-281(C). A complete text of the proposed change is available in the Pittsylvania County Administrator's Office, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., as well as on the County's website at www.pittgov.org. P78 PITTSYLVANIA COUNTY CODE CHAPTER 36 FEE ASSESSMENTS § 36-1. Assessment for Courthouse Construction Renovation or MaintenanceCeurtHease A4aintenane� § 36-2. Assessment for Law Library as Part of Costs in Civil ActionsLaw Library & Courthouse N4aintenanee § 36-3. Courthouse Security Fees § 36-4. Jail Processing Fees § 36-5. Recreation Gate Fees SEC. 36-1. ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION, OR MAINTENANCE.4 MSELASMENT OFA FEE AS DART OF COST 1N TD A CLIC- AND CRIA 14.41 ACTION FOR COURTHOUSE Ari A INTEN A NCE A. As authorized by Section 17.1-281 of the Code of Virginia 1950 as amended, since the Pittsylvania County Courthouse Complex ("Complex") has been certified by the Department of General Services ("Department") upon application to the Department by the County, to not be in compliance with the current safety and security guidelines contained in the Virginia Courthouse Facility Guidelines and said Complex cannot be feasibly renovated to correct such non- compliance, tThere shall be a fee of free twe4&2-.0G)-dollars$( 5_00) assessed as part of the costs in (i) each civil action filed in the Pittsylvania County General District Court or the Pittsylvania County Circuit Court and (ii) each criminal or traffic case in the Pittsylvania County General District Court or Pittsylvania County Circuit Court in which the defendant is charged with a violation of any statute or ordinance. ineident to each traffie a efimiRF1I eaqe, filed in the luvenile, and Poinestie Relations Distfist c_a,.,f4 to the Cireuit Geaf4, an additional filing fee shall 1 taxed as pai4 of the 684 f F the Rnvea4-. A fee of only two dollars ($2.00)shall be assessed in any civil action if the amount in controversy is five hundred dollars ($500.00) or less. B. The fees herein established shall be collected by the Clerk of the Court in which the action is filed and remitted to the Treasurer of Pittsylvania County, Virginia, and held by such Treasurer, subject to disbursement by the Board of Supervisors of Pittsylvania County, for the construction, renovation, or maintenance of courthouse or jail and court -related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance. C. This ordinance shall become effective immediately upon adoption.hly 3, 1990 ortr-a'c'� FF and efiminal ease filed then er. thereafte.. SEC. 36-2. ASSESSMENT FOR LAW LIBRARY AS PART OF COSTS IN CIVIL ACTIONS A 1 ORDINANCE TO ACC SS A CCC AS PART IDT OF CAST 1N QV17 A !`410- N FOR THE LAW W i IB A R17 A No /`ouRTiiOUSE MAINTENANCE. P79 A. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, IN REGULAR SESSION AND ACTING PURSUANT TO SECTION 42.1-70 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, that there shall be a fee of four ($4.00) assessed as part of the cost incident to each civil action filed in the General District Court of Pittsylvania County and the Circuit Court of Pittsylvania County. On civil appeals from General District Court to the Circuit Court an additional filing fee shall be taxed as part of the cost for the appeal. B. The fees herein established shall be collected by the Clerk of the Court in which the action is filed and remitted to the Treasurer of Pittsylvania County, Virginia, and held by such Treasurer, subject to disbursement by the Board of Supervisors of Pittsylvania County; ''—� fifty eefits .for the acquisition of law books, periodicals, computer research services and equipment for the Law Library, and fifty-oens ($0.50) shall be f0f: the use, and main .enanee cF the eoui4hro C. This ordinance shall become effective September 8, 1992, for each civil case filed then or thereafter. SEC. 36-3. COURTHOUSE SECURITY FEES. A. In accordance with the 2007 Session of the General Assembly of Virginia Senate enacted Bill 693 as Chapter 756 of the Acts of Assembly, which is codified as an amendment to Section 53.1- 120 of the Code of Virginia, 1950 as amended. This Act provides that any County may assess a sum not in excess of ten (10) dollars as a part of the costs in each criminal or traffic case in its Juvenile & Domestic Relations Court, General District Court or Circuit Court in which the defendant is convicted of a violation of any statute or ordinance, to fund its courthouse security personnel. B. NOW THEREFORE, it is hereby ordained that in this County of Pittsylvania on and after July 1, 2007 a fee of ten (10) dollars is hereby and shall be assessed as part of the cost against each defendant for each conviction or violation of a statute or ordinance which shall be collected by the Clerk of the Court with other cost. The Clerk shall remit the fees to the Treasurer of this County. The Treasurer shall hold such funds subject to appropriation by this board in a special fund for courthouse security personnel. Adopted by the Board of Supervisors on July 1, 2002. Amended by the Board of Supervisors on July 16, 2002. Amended by the Board of Supervisors on June 19, 2007. SEC. 364. JAIL PROCESSING FEES. A. In accordance with the 2002 session of the General Assembly enacted Senate Bill 406 as Chapter 840 of the Acts of Assembly which is codified as Section 15.2-1613.1 of the Code of Virginia, 1950, as amended which provides that any County by ordinance may authorize a processing fee, not to exceed twenty-five ($25.00) dollars, on any individual admitted to County, P80 city or regional jail following conviction. The fund so collected shall be used by the County sheriff's office to defray the costs of processing arrested persons into local or regional jails. B. NOW THEREFORE, be it ordained that on and after July 1, 2002 a processing fee of twenty five ($25.00) dollars is hereby assessed and imposed upon any individual admitted to a County, city or regional jail following conviction within the County of Pittsylvania of a crime, misdemeanor or violation of a local ordinance of the County of Pittsylvania or any town located within this County. Said fees shall be assessed by the Clerk of the Court of the Court in which the conviction occurred, with the other cost of the court proceedings and deposited with the Treasurer of this County and shall be used by the sheriff of this County to defray the cost of processing the convicted arrested persons into the local or regional jail. Adopted by the Board of Supervisors on July 16, 2002. SEC. 36-5. RECREATION GATE FEES. A. The Board of Supervisors shall be expressly authorized, via resolution, to establish recreation gate fees for entry and attendance of any and all County Parks and Recreation run, sponsored, or affiliated recreation games and contests within the County's jurisdiction. A copy of the adopted fee schedule shall be posted in or at the recreational facility at points where such fees are to be collected. B. No person shall be permitted to attend or gain entry into any recreational game or contest described above for which fees are charged without first paying the fee. C. Fees may be suspended by order of the Board of Supervisors and/or the County Administrator or his/her designee, for good cause. D. No fees paid under paragraph A shall be refunded, without the express approval of the Board of Supervisors, the County Administrator or his designee, or the Director of Parks and Recreation or his designee. State law reference: Virginia Code § 15.2-1806 Adopted by the Board of Supervisors on August 16, 2011. P81 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE• Comprehensive Justice Needs Assessement of the County Courts and Jail Facilities Award RFP 2017-06-16 STAFF CONTACT(S): David Smitherman AGENDA DATE: 10/17/2017 ACTION: 8 CONSENT AGENDA: ❑ ROLL CALL VOTE: ATTACHMENTS: RFP REVIEWED BY: I ITEM NUMBER: 10(a) INFORMATION: ❑ PS SUMMARY: The Purchasing Department issued a RFP for a Comprehensive Justice Needs Assessement of the County Courts and Jail Facilities. Purchasing ran an ad in the Star Tribune, Danville Register and Bee, posted on Virginia Business Opportunity website ( sent to 6,618 firms), posted on the County's website and on the County's public bulletin board. The County received four proposal reponses. Each proposal was evaluated independently by the evaluation committee The committee members, Sheriff Taylor, Judge Moreau, Judge Reynolds and Mark Scarce met with the top 2 ranking firms for presentations, Dewberry and Moseley Architects. By unamious vote, Mosely Architects was determined to be the best choice for the County. FINANCIAL IMPACT AND FUNDING SOURCE: The total cost for the project is $177,782 and is included in the FY2017/18 budget. Staff recommends the Board of Supervisors award the proposal to Moseley Architects. MOTION: I move to award the Comprehensive Justice Needs Assessement of the County Courts and Jail Facilities to Mosely Architects in the amount of $177,782 and authorize the County Administrator to sign all necessary documentation. P82 PITTSYLVANIA COUNTY, VIRGINIA REQUEST FOR PROPOSALS FOR A COMPREHENSIVE JUSTICE NEEDS ASSESSMENT OF THE COUNTY COURTS AND JAIL FACILITIES JUNE 16, 2017 1 Center Street P. O. Box 436 Chatham, Virginia 24531 REQUEST FOR PROPOSAL # 2017-06-16 CONTACT: CONNIE GIBSON, PURCHASING MANAGER 434-432-7744- Email: connic.gibson@pittgov.org P83 Pittsylvania County, Virginia RFP # 2017-06-19 Issue date: June 19, 2017 Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities GENERAL INFORMATION FORM (QUESTIONS: All inquiries for information regarding this solicitation should be directed to: Connie Gibson, Purchasing Manager, 434-432-7744 or email connie.gibson i0ittgov.org. DUE DATE: Sealed Proposals will be received until Friday, August 4, 2017, no later than 2:00PM. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification. ADDRESS: Proposals should be mailed or hand delivered to: Pittsylvania County Purchasing Department Att: Connie Gibson, 1 Center Street Chatham, VA 24531. All Proposals must be in a sealed envelope and clearly marked in the lower left comer: Sealed Proposal - RFP #2017-06-16, Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities. Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and include the title of the individual signing on behalf of the offeror. All expenses for making Proposals to Pittsylvania County shall be borne by the offeror. All Proposals shall be received by 2:00 P.M., Friday, August 4, 2017. Any proposal received after this time and date will not be considered. The offeror has the sole responsibility to have the proposal received by the Pittsylvania County Purchasing Department at the above address and by the above stated time and date. This procurement shall be conducted in accordance with the competitive negotiation procedures of the Virginia Public Procurement Act— Section 2.2- 4302.2 Note: The County of Pittsylvania, Virginia does not discriminate against faith -based organizations in accordance with the Code of Virginia, §§ 2.24343.1, 1950 as amended or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to discrimination in employment or contracting. P84 In Compliance with this Request for Proposal the named party hereby submits a proposal in response to Pittsylvania County to furnish services described in this RFP. The entire proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the RFP, constitute the entire proposal. The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By -Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address of Firm: Phone: (_) E-mail: Date: By: (Signature in Ink by Officer of the Corporation) Name: (Please Print) Zip Code Title: Fax: (� State of Incorporation: State Corporation Commission #: Receipt of the following Addenda are acknowledged: Attach a copy of your company's SCC Certificate and a list of officers Addendum No. dated (Please note all addenda's) (Return this Form) P85 TABLE OF CONTENTS Section/Title 1.0 PURPOSE 2.0 COMPETITION INTENDED 3.0 BACKGROUND INFORMATION Paqe 5 5 5 4.0 SCOPE OF SERVICES — COURT ASSESSMENT 5 5.0 SCOPE OF SERVICES — JAIL ASSESSMENT 6 6.0 RESPONSIBILITIES OF THE COUNTY 7 7.0 EVALUATION OF PROPOSALS- SELECTION FACTOR 8 8.0 INSTRUCTIONS FOR SUBMITTING PROPOSALS 9 9.0 GENERAL TERMS AND CONDITIONS 12 10.0 REFERENCES 18 4 P86 1.0 PURPOSE This Request for Proposal (RFP) is issued to obtain proposals from qualified firms (offerors) to provide a Comprehensive Justice Needs Assessment of the County's courts and jail systems and facilities. 2.0 COMPETITION INTENDED It is the County's intent that this RFP permit competition. It shall be the offeror's responsibility to advise the County in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the County no later than ten (10) days prior to the date set for acceptance of proposals. 3.0 BACKGROUND INFORMATION The age, condition, and extent of overcrowding of the existing courthouse and jail require Pittsylvania County to assess its needs and options to address its current and future needs. Currently, the Jail has a rated capacity by the Virginia Department of Corrections of 36 inmates. The daily inmate population for the Jail often exceeds 100 inmates. The County has not identified any specific sites to construct new facilities. The County anticipates that the selected offeror will make recommendations to the County as to the site requirements for new facilities, should the assessment indicate such is needed. The selected offeror will also evaluate the potential for expansion on existing or adjacent properties. Should the assessment indicate the need for additional property, the County will identify up to three (3) sites to be preliminarily evaluated further by the selected offeror. 4.0 SCOPE OF SERVICES — COURT NEEDS ASSESSMENT 1. Review available information. 2. Meet with Pittsylvania County court staff, constitutional officers, and County officials to solicit input on the Court's needs. 3. Establish project issues and design requirements, including: • Type of construction; • Review of existing documents and data; • Site requirements, including conceptual site plan(s), ingress/egress, and security/access control; • Space needs and requirements; • Logistical considerations; • Traffic and parking requirements; • Water and wastewater requirements; • Stormwater management; • Power and other utility requirements; • Energy efficiency; • Technology and communication requirements; • Preliminary project schedule and budget; and, • Conceptual building and site plan options. P87 4. Prepare a written document to include statistical analysis of current and future court use trends, caseload analysis, preliminary space needs, preliminary recommendations for security, courtroom technology, clerk records management, inmate detention and transport, meeting rooms, other court service needs, conceptual building and site layout, project schedule, utility requirements, and preliminary project budget. 5. Present to Board of Supervisors 6. During the assessment, the County may elect to authorize the selected offeror to proceed with assistance in petitioning the Circuit Court for a writ of election on the question of the removal of the Courthouse by offering guidance and advice on site and option selection and development of detailed cost estimates to construct a facility that meets all guidelines established by the Supreme Court of Virginia and addresses the future space needs of the County's Courts. 7. Should the County decide to proceed with an option into formal design and construction, the County may elect for the selected offeror to provide detailed A/E design services and construction administration services for the selected option. 5.0 SCOPE OF SERVICES — JAIL ASSESSMENT 1. Prepare a Community Based Corrections Plan (CBCP) in accordance with the "Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities, July, 1994", issued by the Virginia State Board of Corrections. The CBCP shall include, but not be limited to, the following: a) An analysis of available criminal justice and offender population data. b) An analysis of existing resources including facilities, pretrial, and post- dispositional punishment alternatives. c) An analysis of existing criminal justice resources, availability of law enforcement, commonwealth attorney, and judicial officer services. d) The need for and resources necessary to expand and/or establish pre-trial and post-dispositional alternatives. e) A locality -specific jail population forecast by year for fifteen (15) years. f) A projection of the square footage and cell / dormitory requirements by security level based upon the population forecast. g) A description of the existing jail to include age, size, rated capacity, operating capacity, condition, and deficiencies. h) A description of administrative operating, program, and special management space. i) A description of the status and action plan to address physical plant deficiencies identified in the last certification audit. j) A description of the jail based programs and services to include frequencies, adequacy and available resources. k) A description of pretrial and post-dispositional programs and alternatives. P88 1) (1) An analysis of the annual trends for the past five (5) years with regards to arrests, circuit court, and misdemeanor criminal cases commenced, closed, pending, and age of cases. (2) Average daily populations for the past five (5) years. m) Recommendations for program strategies to reduce jail population. 2. Evaluate the potential to renovate and expand the existing jail on-site to include order of magnitude costs. 3. Evaluate the potential to renovate and expand the jail on an adjacent site to include order of magnitude costs. 4. Evaluate the potential to build a new County jail on a new site to include order of magnitude costs. Include recommendations on size and features of a new site. 5. For items 2., 3., and 4. above, estimate the number of vehicle parking spaces needed to accommodate staff and visitors. 6. Prepare order of magnitude staffing projections for items 2., 3., and 4. above. 7. During this study/assessment, the County may elect to have discussions with existing regional jails to join with or contract with such jails to obtain additional bed space. The County may also consider establishing a new regional jail with other jurisdictions. 8. During this study/assessment, the County may elect to authorize the selected offeror to proceed with the preparation of a Jail Planning Study in accordance with the "Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities, dated July 1994", issued by the Virginia State Board of Corrections. This Planning Study would be based upon one of the options 2, 3 and 4 listed above and one of the sites evaluated by the offeror and selected by the County. 9. Upon State approval of the Planning Study, the County may elect to contract directly with the selected offeror to provide detailed A/E services and construction administration for the approved option at its sole discretion. 6.0 RESPONSIBILITIES OF THE COUNTY The County will provide the following to the selected offeror: 1. Copies of record or as -built drawings of the existing jail and courthouse buildings, expansions, and renovations, if available. The offeror may rely on the information provided and shall not be required to make measured drawings. 2. Copies of available site plans, surveys, utility plans, boundaries, etc. of County property where the existing courthouse and jail are located. The County will include adjacent or nearby properties that could be utilized for new construction or P89 enlargement of the courthouse and/or jail. The offeror may rely on the information provided and shall not be required to make measured drawings. 3. Copies of any reports concerning the presence or removal of hazardous materials such as asbestos and lead based paint at or within the jail and courthouse buildings. Offeror shall not be required to survey or make statements regarding the presence of hazardous materials. If needed, such surveys shall be provided by the County. 4. Based upon site criteria provided by the selected offeror, the County shall identify up to three sites for the selected offeror to preliminarily evaluate for suitability for construction of new courthouse and/or jail facilities. The County will make available site size, configuration, available utilities, topography, and other pertinent information needed for evaluation by the selected offeror. If such information does not exist, the County may authorize the selected offeror to obtain such information as an additional service. 5. Copies of current staffing, position titles and salary ranges for the courts and jail. 6. Assist the selected offeror in arranging and scheduling meetings with County staff for interviews, information gathering, planning sessions, and presentations. 7.0 EVALUATION OF PROPOSALS - SELECTION FACTORS The County will evaluate each proposal and selection will be made based on the criteria listed below. The offerors submitting proposals shall include with their proposal statements pertaining to the following: A. Proven management skills and technical competence of the offeror — this includes experience in the successful programing, planning, design, cost estimating, and construction of courthouses and jails in Virginia. Offerors should list at least three similar court planning projects and at least three jail planning projects completed in Virginia within the last 10 years. (30 points) B. Credentials of project team members, particularly as related to prior work of this nature, including previous experience in the development of similar studies and familiarity with the Virginia Courthouse Facility Guidelines and requirements of the Commonwealth of Virginia Board of Corrections. Provide resumes of key personnel who will be responsible for the work. (25 points) C. Understanding of task and requirements as depicted in this proposal. (25 points) D. Ability to complete the work within a reasonable timeframe. Provide a preliminary schedule. (10 points) E. Overall quality and completeness of proposal. (10 points) The Selection Committee will evaluate the most responsive proposals as deemed by staff and may also ask questions of a clarifying nature from offerors as required. Each committee member will complete a proposal evaluation matrix form for each submission received. A composite rating will be developed which indicates the group's collective ranking of the written proposals in a descending order. The County shall engage in individual discussions with two or more Offerors deemed the most fully qualified, responsible and suitable on the basis of the Selection Committee's evaluations. These Offerors will be requested to make an oral presentation to the Selection Committee to explain their proposal and answer questions. P90 C. At the conclusion of discussion, on the basis of evaluation factors as set at the time of issuance of this proposal and all information developed in the selection process to this point, the County shall select in the order of preference two or more Offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted; beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to that Offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. Pittsylvania County reserves the right to award a contract to more than one Offeror, if it is in the County's best interest. 8.0 INSTRUCTIONS FOR SUBMITTING PROPOSALS INSTRUCTIONS TO OFFERORS A. This procurement shall be conducted in accordance with the competitive negotiation procedures of the Virginia Public Procurement Act — Section 2.2- 4302.2 B. Five (5) copies of proposals shall be submitted to: Pittsylvania County Purchasing Department P.O. Box 426 1 Center Street — County Administration Building Chatham, VA 24531 C. All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed Proposal - RFP #2017-06-16. Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities. Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and include the title of the individual signing on behalf of the offeror. All expenses for making Proposals to Pittsylvania County shall be borne by the offeror. All Proposals shall be received by 2:00 P.M., Friday, August 4, 2017. Any proposal received after this time and date will not be considered. The offeror has the sole responsibility to have the proposal received by the Pittsylvania County Purchasing Department at the above address and by the above stated time and date. D. Ownership of all data, materials and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to P91 public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. E. Addendum and Supplement to Request If it becomes necessary to revise any part of this request or if additional data are necessary to enable an exact interpretation of provisions of this request, an addendum will be issued. It is the responsibility of the offeror to ensure that they have received all addendums prior to submitting a proposal. Ownership of all data and Ownership of all data, materials and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. Authority to Bind Offeror in Contract Proposals MUST give full legal name of the entity that is the offeror, including mailing address. Failure to manually sign proposal may disqualify it. The person signing the proposal should show TITLE or AUTHORITY TO BIND HIS OFFEROR IN A CONTRACT. Offeror name and authorization signature must appear on the Proposal Form. G. Withdrawal of Proposals 1. All proposals submitted shall be valid for a minimum period of ninety (90) calendar days following the date established for acceptance. 2. Proposals may be withdrawn on written request from the offeror at the address shown in the solicitation prior to the time of acceptance. 3. Negligence on the part of the offeror in preparing the proposal confers no right of withdrawal after the time fixed for the acceptance of the proposals. 10 P92 H. Subcontractors / Consultants Offerors shall include a list of all subcontractors / consultants, if any, in their proposal. Proposals shall also include a statement of the subcontractor / consultants' qualifications. The County reserves the right to reject the successful offeror's selection of subcontractors / consultants. References All offerors shall include, with their proposals, a list of at least three (3) current references for whom comparable work has been performed. This list shall include the organizations name, person to contact, address and telephone number. Failure to include references may be cause for rejection of the proposal as non-responsive. J. Late Proposals Late proposals will be returned to offeror UNOPENED, if RFP number, acceptance date and offeror's return address is shown on the container. K. Rights of County The County reserves the right to accept or reject all or any part of any proposal, waive formalities and award the contract to best serve the interest of the County. L. Deviations from Scope of Services If there is any deviation from that prescribed in the scope of services, the appropriate line in the scope of services shall be ruled out and the substitution clearly indicated. The County reserves the right to determine the responsiveness of any deviation. M. Miscellaneous Provisions and Requirements 1. The County will not be responsible for any expenses incurred by an offeror in preparing and submitting a proposal. All proposals shall provide a straightforward, concise delineation of the offeror's capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content. 2. Offerors who submit a proposal in response to this RFP may be required to make an oral presentation of their proposal. The County will schedule the time and location for this presentation. 3. The successful offeror will be expected to execute a contract with the County utilizing the AIA B101 2007 Edition. 4. The County reserves the right to reject all proposals of this request, or to negotiate separately in any manner necessary to serve the best interests of the County. Offerors whose proposals are not accepted will be notified in writing. 5. The County may elect to extend, modify, or expand the scope of services provided by this RFP to include additional studies related to the criminal justice system in Pittsylvania County, the courts and jail, preliminary design, construction documents and construction administration services at its sole discretion. 11 P93 PTTTSYLVANIA COUNTY BOARD OF SUPERVISORS PURCHASING DEPARTMENT I. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS Reservation of County Rieltts: The County reserves the right to accept or reject any or all bids, to waive any informality and to make an award to a party other than the low bidder, if deemed in the best interest of the County, subject to the provisions under the Virginia Public Procurement Act. The County does not discriminate against faith -based organizations. 2. Laws of the Commonwealth: Any purchase order/contract resulting from this bid process shall be governed; in all respects whether as to its validity, construction, capacity, performance or otherwise; by the laws of the Commonwealth. Successful bidders providing goods to the County herewith assure the County that they are conforming to the provisions of the Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act which provides: In every contract of over $10,000 the provisions in 1 and 2 below apply: (1) During the performance of this contract, the contractor agrees as follows: A. Nondiscrimination Clause: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Equal Opportunity Employer: The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 12 P94 (2) Subcontractors: The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. (3) Drug Free Workplace — During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that such provision will be binding upon each subcontractor or vendor. Tax Exemption: The County is exempt from State sales, and use taxes and will issue a Certificate of Exemption upon request. Deliveries against any items of this bid procedure shall be free from any excise or transportation taxes. Excise exemption registration NO. 54-600-1508 may be used when required or necessary on behalf of the County. 4. Modifications, Additions, or Changes: Modifications, additions, or changes to the terms and conditions of this invitation to bid may be cause for rejection of your bid. All bids shall be entered on the official bid forms, if provided. Bidders who attach or submit bids on their or any other forms may be considered unresponsive and may be rejected if an official bid form is provided. 5. Delivery Point: Except when otherwise specified herein, all items shall be F.O.B. delivered to any point within the County as directed by the Central Purchasing Department. 6. Transportation and Packaging: The authorized agent by signing this bid certifies and warrants that the bid price offered for F.O.B. destination, includes only the actual freight rate costs at the lowest and best rate and is based on the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be properly and legibly marked or labeled on the outside with the commodity description and number, size and quantity. Evaluation of Bid Documents: If any prospective bidder is in doubt as to the true meaning of any part of the specifications or other bid documents, the prospective bidders shall submit a written request, within the time frame provided, after receipt of the invitation to bid to the Central Purchasing Department. The Central Purchasing Department will have final authority to 13 P95 review any discrepancies or deficiencies in the specifications and then make the necessary interpretations or revisions. Interpretations or revisions shall be made official by the issuance of any necessary addendum and distributed to all potential bidders. The Central Purchasing Department will not be responsible for explanations or interpretations of the bid documents, except as issued in writing by the Purchasing Manager and/or County Administrator. 8. Default: In the case of default by the successful bidder or failure to deliver the goods or services ordered by the time specified, the Department of Central Purchasing, after due written notice may procure these goods or services from other sources and hold the defaulting vendor responsible for any excess cost occasioned thereby. 9. Anti -Collusion Certification: The authorized agent by signing this bid certifies and warrants that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The signing agent understands collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The signing agent also agrees to abide by all conditions of this bid and certifies that he or she is duly authorized to sign this bid for the bidder represented herein. 10. Kickbacks: The signing agent certifies and warrants that neither he/she nor the bidder from whom he/she is authorized to act has offered or received any kickback from any other bidder, suppliers, manufacturer, or subcontractor in connection with his/her bid on this solicitation. A kickback is defined as an inducement for the award of a contract, subcontracts or order, in the form of any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchange. Further, no person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. 11. Gifts by Bidder, Offeror, Contractor, or Subcontractor No bidder, offeror, contractor, or subcontractor, shall confer on any public employee or official having formal responsibility for a procurement transaction, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. 12. Termination/Cancellation of Contract: Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then this 14 P96 contract may be extended upon written approval of the County until said work or services are completed and accepted. A. Termination for Convenience In the event that this contract is terminated or cancelled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable. B. Termination for Cause Termination by the County for cause, default or negligence on the party of the appraiser or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination of Cause. C. Non -Appropriation Clause/Termination due to Unavailability of Funds in Succeeding Fiscal Years When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. 13. Quantities: Quantities set forth in this invitation are estimates only, and the successful bidder shall supply at bid prices actual quantities as ordered regardless of whether such total quantities are more or less than those shown. 14. Ordering: All orders from the County shall be issued by the Central Purchasing Department. A County purchase order number is required for the contract; yet partial order quantities and deliveries will be accepted upon request or as outlined in the Special Specifications, by the Central Purchasing Department. No other department or personnel other than those in the Central Purchasing Department of the County are qualified to issue purchase orders, make changes in orders, or accept delivery on orders under this contract without specific written authorization being received by the contractor from the Central Purchasing Department or as otherwise specified in the Special Specifications. 15. Invoices/Billing Process: Invoices for items ordered, delivered, and accepted by the Central Purchasing Department or authorized departments shall be submitted by the contractor directly to the Accounting Department, at the address shown on the purchase order. The purchase order number must be referenced on all invoices regardless of quantities delivered, backordered, etc. Any outstanding quantities not included in the billing or invoice should be shown on a separate statement specifically marked, as not being an invoice for payment yet is an accountability of items and cost outstanding. 15 P97 16. Discounts: All bids will be evaluated and awarded on net prices. Cash discounts will not be considered in making awards. If cash discounts for prompt payment are offered, it must be clearly shown on the bid forms in the space provided. On monthly invoices any payment terms must be clearly marked. The County will attempt to take advantage of any such discounts provided our timetable allows us to do so. 17. Hold Harmless: The successful contractor assumes and agrees to indemnify, defend and hold harmless Pittsylvania County, Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, labor, goods, or equipment of any kind or nature fumished by the contractor, provided that such liability is not attributable to the sole negligence on the part of the using agency or to the manner outlined by the contractor and description literature or specifications submitted with the contractor's bid. 18. Warranty: The contractor shall provide warranty documents on any material, goods or equipment of any kind or nature provided by the contractor, his subcontractor or other agents. The warranty shall be in effect for the period of time specified. 19. Contractual Intent Upon successful award of this bid by the County, it is the County's intent to have a written contract fully executed by all participating parties. This contract shall delineate the capacity, performances and considerations for all parties involved. The contents of the bid submitted by the successful bidder and the bid specifications shall become a part of any contract awarded as a result of these specifications. The successful vendor will be expected to sign a "Standard Contract for Services" with the County. Sample contracts may be submitted by either party at the time of the bid, however, the County reserves the right to use its uniform contract format over all samples submitted. 20. Insurance By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies that if awarded the contract, it will maintain all required Worker's Compensation, Employer's Liability, Commercial General Liability and Automobile Liability insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Copies of insurance certificates shall be submitted with all bids/proposals. 21. Use of Name Brands Within These Specifications: 16 P98 The name of a certain brand, make, manufacturer, or definite specification is to denote the quality to the specific brand, make, manufacturer, or specification named; it is to set forth and convey to prospective bidders the general style, type, character and quality of article desired, and wherever in specifications or contract documents a particular brand, make of materials, device or equipment shall be regarded merely as a standard. Any other brand, make of material, device or equipment which is recognized the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be considered responsive to the specifications. 22. Access To Records: The County Administrator or his duly authorized agent, shall, until the expiration of three (3) years following the final payment on this Agreement, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of Lessor and Assignee involving transactions related to this Agreement. Lessor and Assignee shall have the reciprocal right, until the expiration of three (3) years following final payment on this Agreement, to have access to and examine and copy any directly pertinent books, documents, papers and records of the County Administrator in the event of litigation or arbitration involving this Agreement, rights of access, examination and copying hereunder granted to Lessor, Assignee, and Lessee shall continue until such claims have been finally disposed of shall be entitled to just and equitable compensation for any satisfactory work completed. produced, and data collected shall become the property of Pittsylvania County. 23. Cooperative Purchase If authorized by the Offeror, the contract resulting from this Request for Proposals may be extended to other public bodies, public agencies or institutions within the State of Virginia to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the contractor(s). Pittsylvania County Board of Supervisors is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Offeror's responsibility to notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal. 24. Availability of Funds/Non-Appropriation Clause It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Notwithstanding any other provision in the agreement, to the contrary, if the County fails during any fiscal year to appropriate or allocate sufficient funds to pay the amounts to be paid by the County pursuant to the provisions of the agreement, which become due and payable during such fiscal year, then the agreement and all the obligations of the County hereunder shall automatically terminate at the end of the fiscal year in which non -appropriation occurs. The County agrees to use its reasonable efforts to obtain any necessary funding contemplated by the agreement, on an annual basis. 17 P99 Pittsylvania County Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities References: Offerors shall provide references on this form. 1. Organization: Contact: E 3 Q Title: Email: Mailing Address: Phone: Organization: Contact: Title: Email: Mailing Address: Phone: Organization: Contact: Title: Email: Mailing Address: Phone: Fax Organization: Contact: Title: Email: Mailing Address: Phone: Fax: 18 P100 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Fostering Futures IV -E Foster Care Grant Appropriation SUBJECT/PROPOSAL/REQUEST: Appropriation of Foster Care Grant Funds to the Social Services FY2018 Budget STAFF CONTACT(S): Van Der Hyde AGENDA DATE: 10/17/2017 ACTION: 0 CONSENT AGENDA: ❑ ROLL CALL VOTE: 0 ITEM NUMBER: 10(b) INFORMATION: ❑ ATTACHMENTS: Description of Foster Grant Funds REVIEWED BY: 57-4s SUMMARY: The Department of Social Services has received notification for additional funding from the state to provide supplementary aid for foster care. FINANCIAL IMPACT AND FUNDING SOURCE: A total of $27,830 has been awarded in additional state funds to the Pittsylvania County Department of Social Services. This award does not require a local match from Pittsylvania County. RECOMMENDATION: Staff recommends that the Board appropriate a total of $27,830 to the Pittsylvania County Department of Social Services. MOTION: I move to appropriate a total of $27,830 to the Fostering Futures IV -E Foster Care line item in the Pittsylvania County Department of Social Services Budget. plot DCT/04/2017/VED 09.13 A111 POSS Tl. AVAILABILITY OF FUNDS FAX k43443320921 P. 001/002 K3-z--z-1gkQ All budget guidance and subsequent budget allocations are subject to availability of funds as governed by the Department's appropriation and federal awards. Localities must be mindful that this appropriation is subject to reduction by action of the Governor during any given fiscal year. Though the Department has worked, and will continue to work, with the Administration and the Department of Planning and Budget to avoid and/or minimize mid -year budget reductions, the possibility of such reductions remains. III, BUDGET LINE GUIDANCE and ALLOCATION METRODOLOGMS For state fiscal year 2018, budget line allocations are based on one of four methodologies: (1) Projected program expenditures, (2) approved formulas, (3) allocations based upon approved locality plans, or (4) state fiscal year 2017 allocations. 1) ALLOCA'T'IONS BASED ON PROJECTED FY 2017 ,EXPENDITURES Budget line 804 — Auxiliary Grants Budget line 807 —Auxiliary Greats Supportive Housing Budget line 8 11 — IV -E (AFDC) Foster Care Budget line 812 — IV -E Adoption Subsidy and Noo-Recurring Expenses B e 813 — General Relief Ccao(> udget line 8 Fostering Futures IV -E Foster CareBu get line 815 — Fostering Futures Federal Adoption Assistance Budget line 817 — State Adoption Subsidy and Special Service Payments Budget line 818 — Fostering Futures State Adoption AssistanceBudget line 833 —Adult Services Budget line 871 — VIEW Working and Transitional Child Care Budget line 878 — Head Start Wrap -Around Child Care Budget line 883 — Fee Child Care — Federal & State dZL% Attxillary Grants (budget line 804): The Auxiliary Grant reimbursement rate as of January I, 2017, for licensed assisted living facilities and approved adult foster care homes is $1,221 per month, with a 15 percent differential, or 51,405, in planning District 8 (Northern Virginia). The Personal Needs Allowance for Auxiliary Grant recipients remains at $82 per month. Auxiliary Grants Program — Supportive Housing (Budget Line 807): The Auxiliary Grant Program's supportive housing project provides financial assistance to aged, blind, or disabled individuals residing in supportive housing. The supportive housing project is specifically for adults who have resided in an assisted living facility licensed by the Division of Licensing Programs for a minimum of one year. Before being admitted into supportive housing, adults are assessed by the local department of social services to determine eligibility and level of tate. The number of slots available in the supportive housing setting is capped at 60 individuals; therefore, expenditures are limited to individuals who have been approved for one of the slots. N P102 )L7 04'_L'.17 Pi D 09.!= ktI PCDSS Fn. 110.43443209a E Ull2.'DO The Department of Aging and Rehabditative Services (DABS) Adult Protective Services (APS) Division manages and approves local agency budget allocations and budget requests for budget lines 804 and 807. Specific questions should be directed to Tisbaun Harris-Ugwodi, DARS APS Auxiliary Grant Program Manager, at dshaun.harrisugworii(aldars.virnini:a aov. Budget distribution and reporting for budget line 804 and 807 continues to be supported by the VDSS Budget Office through the LASER and BRS systems. Title IV -E Foster Care. IV -E Adoption Subsidy and Non -Recurring Expenses, Fostering Futures, and State Adoption Subsidy and Special Service Payments (budget lines 811, 812, 814, 815, 817 and 818): Requests for additional allocations are verified in OASIS for actual payment information; therefore, requests must include a detailed justification, including quantitative data on caseload increase/increased demand and any extraordinary nonrecurring costs. General ReliefFrogrant (budget line 813)_ Allocations are limited to unattached children and only localities operating this component in FY 2017 received funding in FY 2018. Initial allocations are based on each locality's percentage share of projected FY 2017 expenditures for the unattached children component. Adult Services (budget line 833): Gil ge3tions are based on each locality's projected FY 2017 expenditures. All available Adult O'S''dM6 's fimpg is allocated to local departments with the initial allocations; therefore, LDSS must structure their local budgets with the expectation that there will be no additional funding available during the year. The DABS APS Division manages and approves local agency budget allocations and budget requests for budget line 833. Specific questions should be directed to Paige McCleary, DARS APS Division Director at ykge mccleary tQdars vir¢inia gov. Budget distribution and reporting for budget line 833 will continue to be supported by the VDSS Budget Office through the LASER and BRS systems. UBW Working and Transitional Child Care (budget line 871): VIEW Working and Transitional Child Care is mandated. All justifiable requests for supplemental funding for budget line 871 will be approved. Head Start Wrap Around Child Care (budget line 878): Head Start Wrap -Around Child Care services are mandated only to the extent of appropriated funding, which totals $10.7 million in FY 2018. This is an update to the budget line 878 information provided in the "Annual Budget Fiscal Year Ending May 31, 2018 Preliminary Guidance Memorandum" dated March 27, 2017. Requests for supplemental funding will be considered based on available funds. Fee Child Care — Federal & State (budget line 883): The majority of LDSS's will receive an allocation for FY 2018 that is the same as their initial FY 2017 allocation, which totaled approximately $69 million statewide. Localities that have been in discussion with program staff regarding their waiting lists and allocation levels will receive allocations that exceed their FY 2017 allocations. This is an update to the budget line 883 P103 OCT/06/2017/FRI 11:18 AM PCDSS FAX Plo.11344320923 P.00!!00! di m t-E3'D--'l 1141 p Pittsylvania Department of Social Services FIPS 143 SFY 2010 LASER Budget Allocation Budget Line Budget Line Description Federall$tate Local Total 804 Auxiliary Grants 122,358 30,590 152.948v 807 Auxiliary Grants Supportive Housing 0 0 0 808 TANF Manual Checks 1,000 0 1,000, 810 TANF Emergency Assistance 500 0 500+ 811 IV -E (AFDC) Foster Care 247,206 0 247,206 \ 812 IV -E Adoption Subsidy and Non -Recurring Expenses 94,346 0 94,346 813 General Relief 0 0 0 814 Fostering Futures Foster Care Assistance 27,830 0 27,830\ 815 Fostering Futures Federal Adoption Assistance 0 0 0 817 State Adoption Subsidy and Special Service Payments 89,599 0 89,599 -818 Fostering Futures State Adoption Assistance 0 0 0 819 Refugee ResedJamerd 0 0 0 820 Adoption Incentive 0 0 0 829 Family Preservation (SSBG) 3,830 702 4,532v 630 Child Welfare Substance Abuse and Supplemental Services 6,755 1,239 7,994 833 Adult Services 37,200 9.300 46,506 843 Central Services Cost Allocation 0 0 0 844 SNAPET Purchased ServiceS 16,851. 2,908 18,759 848 TANF - UP Manual Checks 1,000 0 1.00N 855 Local Staff and Operations 3,017,323 553,474 3.570,797 858 Local Staff and Operations Pass-Thru 103,168 200,267 303,435 861 Education & Training Vouchers - PS 6,604 0 6,60M. 662 Independent Lfving Program - PS 1,449 0 1,440v 864 Foster Parent Respite Care 375 0 375 886 Promoting Safe and Stable Families - PS 740 136 876 867 Employment Advancement for TANF Participants 0 0 0 — 872 VIEW Purchased Services 39,722 7,266 47,0081. 873 FC Approved Child Welfare Training - PS 974 806 1,780 876 IV -F App Foster/Adopt Parent, Vol. & CW Tmil a 0 0 895 Adult Protective Services 13,059 21395 15,464% 897 SNAPET Purchased Services Pass-Thru 0 0 0 LOCALITY TOTAL LASER ALLOCATION 3,830,889 809,103 4,639,992 P104 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Workforce Investment Board (WIB)-RIDE Solutions Program Grant - This item requires a motion and a roll call vote SUBJECT/PROPOSAU/REOUEST: Appropriation of RIDE Solutions Program Grant (WIB) Fund STAFF CONTACT(S): Van Der Hyde AGENDA DATE: 10/17/2017 ACTION: 0 CONSENT AGENDA: ❑ ROLL CALL VOTE: 0 10(c) INFORMATION: ❑ ATTACHMENTS: MOU-WPWDB RIDE Solutions REVIEWED BY: Sus SUMMARY: Pittsylvania County received notification of a grant awarded to the West Piedmont Workforce Development Board (WPWDB) and the Roanoke Valley -Allegany Regional Commission (RVARC) from the Virginia Department of Rail and Public Transportation to provide ride solutions services for individuals needing transportation to and from work. FINANCIAL IMPACT AND FUNDING SOURCE: The total of the shared grant is $54,999.12. The portion related directly with the WIB totals $47,522.12 and does not require a local match from Pittsylvania County. Attached is the Memorandum of Understanding concerning the grant, which includes the grant's budget. RECOMMENDATION: Staff recommends that the Board of Supervisors approve and appropriate a total of $47,522.12 as set forth in the attached budget document. MOTION: I move to approve and appropriate a total of $47,522.12 as set forth in the attached budget document to the WIB budget. P105 Memorandum of Understanding: WPWDB RIDE Solutions 1. Purpose: This Memorandum presents the responsibilities of the West Piedmont Workforce Development Board (WPWDB) and the Roanoke Valley-Allegbany Regional Commission (RVARC) in executing the RIDE Solutions program expansion and delivering the RIDE Solutions services within the WPWDB area for fiscal year 2017 2. Schedule This MOU will be effective from the July 1' 2017 through June 30th 2018. 3. Marketing A toll-free number has been instituted (1-866-424-3334) for all RIDE Solution customers, including WPWDB customers, to contact the Roanoke office without dialing long distance. RIDE Solutions will be marketed as the single organization that provides carpool matching and alternative transportation services for the Roanoke, New River Valley, West Piedmont, and greater Lynchburg regions. As part of the annual Work Program development, an annual marketing plan will be developed by RVARC based on input from WPWDB and agreed to by both parties. Changes to the annual marketing plan and implementation of the marketing plan will be agreed to by both parties. All marketing and outreach efforts, including printed pieces, promotional and public relations efforts, event flyers, etc., will be produced in a manner consistent with the RIDE Solutions brand. Marketing materials that may/will be used in WPWDB will be agreed to by both parties before distribution. 4. Responsibilities of WPWDB WPWDB staff will: t. Provide input for the Annual Work Program and Marketing Plan z. Provide input for implementation of the Annual Marketing Plan 3. Take appropriate actions to support the implementation of the Annual Work Program and Marketing Plan components that pertain to WPWDB 4. Be responsible for community outreach to employers, employees and localities 5. Provide regionally -focused content for website features and blog Examples of the actions to be taken by WPWDB to support the implementation of the Marketing Plan include but may not be limited to: Pagel of 4 P106 » Setting up appointments with appropriate contact persons at each business. • Educating company leaders on the benefits of sustainable transportation. • Meeting with and speaking before employees in small or large groups in educational seminars. • Guiding employees through the application process (this may vary from company to company, covering everything from collecting hand -filled applications to walking employees through an online application). • Collecting application data, formatting it appropriately, and sending on RVARC for entry into the database. • Providing support to an in-house Transportation Coordinator position at target companies (not all companies will have these, but some larger companies may task preexisting individual — an office manager or an HR generalist — to work with the Coordinator on transportation demand issues). • Continuing a relationship with all Workplace partners through regular meetings and feedback, encouraging businesses and their employees to increase their participation in the program. • Seeking new businesses to grow the program. • Submission of monthly performance measures in support of VDRPT-required measures and internal program reporting • Participation in annual work program development and regular reports on work program progress • Promotional activities and efforts for the workplace program such as networking events, applicable expos and community events, including presentations • Seeking out media opportunities and serving as a PR liaison with local media outlets, including writing op-ed pieces and press releases, and responding to media inquiries 5. Responsibilities of RVARC Technical Issues: RIDE Solutions will continue to make use of a single ride -matching database out of the Roanoke office. RVARC staff will: 1. Be responsible for all match work, customer support and database support. 2. Lead the development of the Annual Work Program and Marketing Plan, annual grant application and annual report development 3. Submit monthly performance measures to VDRPT a. Coordinate meetings of the staff from WPWDB and other regions to develop ideas, share information and reach consensus on appropriate marketing actions 5. Be responsible for marketing RIDE Solutions in the RVARC region 6. Be the primary point of contact with VDRPT Examples ofRVARC's responsibilities include: P107 Exhibit 1 Expenses FY 2016- 17 RVARC Salaries $3,804.00 RVARC Fringe Benefits $1,650.00 Insurance $0.00 Supplies $0.00 Postage $D.00 Dues $0.00 Printing $0.00 Training $0.00 Travel $0.00 Conferences $0.00 Furn. and Equip. $0.00 WPWIB Advertising $12,492.00 Meetings $0.00 Contract Services $0.00 WPWI8 Subcontract Pay $ 33,815.12 RVARC Indirect Costs $2,023.00 WPWIB Indirect $1,215.00 Total $54,999.12 Appendix A Budget Appendix B Performance Outcomes Contract Outcomes Website Registrations 24 Employee Presentations 12 Employer Contacts 60 Event Presentations (civic clubs, career expos etc.) 7 P108 • Initial and ongoing training of the WPWDB Coordinator. Entry of data into the Rideshare database and all matching work. • Individual member Customer Relationship Management, including match and no match letters, emails, or phone calls; renewal letters; membership confirmations and surveys; incentives; and other aspects of customer service, except in those cases where specific WPWDB businesses have requested that contacts with their employees be handled through the company, in which case information will be provided to the companies, generally through the WPWDB Coordinator. • The development and purchase of program -wide advertising, including WPWDB specific advertising, in accordance with Section 3 of this MOU. All customer service needs, including answering the telephone, emails, and website queries. • Coordination with partner agencies — such as public transit and Guaranteed Ride Home providers — including the development or signing of any required agreements. • Development and maintenance of the www.ridesolutions.org website, including the creation of pages dedicated to individual businesses and organizations. • The purchase or development of advertising, including large direct mail efforts, ad placement in print publications, and related advertising. • Handling individual carpooler complaints, questions, or comments except for those made by Transportation Coordinators at the businesses with which the Coordinator is working. • Accepting applications or queries from individuals who wish to join the program. • Coordination with other agencies or groups who are partners of the program — such as public transit companies, Guaranteed Ride Home providers, bicycle clubs, etc. — except as determined necessary or appropriate by the Program Director. • Provision of specialized performance data to stakeholders of the WPWDB and WPWDB-based employer partners as requested • Tracking employer relations and updating WPWDB monthly 6. Program Evaluation WPWDB and RVARC will review evaluation criteria by March 31, 2018 to and meet in July 2018 to review the outcomes. Accepted on behalf of the West Piedmont Guy Stanley, Interim Executive irector Date Pi 09 Accepted on behalf of the Roanoke Valley Alleghany Regional Commission Wayne Strickland, Executive Director Date PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Performance Agreement: Parco International/Doomsday Tackle Upfit Grant SUBJECT/PROPOSAL/REOUEST: A $25,000 grant from the purchase and sale of the movie theater in Chatham to Parco International / Doomsday Tackle for continued building upfit. STAFF CONTACT(S): Mr. Rowe AGENDA DATE: 10/17/2017 ACTION: 0 CONSENT AGENDA: ❑ ITEM NUMBER: 10(d) ROLL CALL VOTE: 0 ATTACHMENTS: Performance Agreement RE �fVIEWED BY: PS %^'S' INFORMATION: ❑ SUMMARY: In accordance to the purchase and sale of the Chatham movie theater building, Parco International / Doomsday Tackle was to improve the exterior of the building and property, clean and remove debris from inside the building, and conduct extensive demolition while also stabilizing the building's condition. This activity is associated with Doomsday Tackle's new retail and design facility. In addition, they were to hire first employees to oversee the design work and perform marketing and sales. As of October 1, 2017, this preliminary work and hiring has been completed and Staff is requesting that the Board grant a $25,000 grant (funds to come from the building's original purchase and sale) to Parco International / Doomsday Tackle for the next phase of improvements. A final $25,000 grant (from the building's original purchase and sale) will be received once the facility receives all necessary Certificates of Occupancy and is open to the public for a period of 6 months. This project has taken a non -revenue performing property and has placed it back on the tax rolls, and will create an additional attraction for Chatham Main Street. The facility is expected to be open to the public by 2nd Qtr. 2018. FINANCIAL IMPACT AND FUNDING SOURCE: Funds coming from original $50,000 purchase and sale of building, per original purchase agreement. RECOMMENDATION: Approve $25,000 grant from Parco International / Doomsday Tackle MOTION: I move to approve a performance grant in the amount of $25,000 to Parco International and Doomsday Tackle for meeting their first project milestone as they establish an interactive retail tackle and design center in the old Chatham movie theatre. P110 LOCAL PERFORMANCE AGREEMENT This Local Performance Agreement ("Agreement') is made as of this day of 2017, by and among Pittsylvania County, Virginia, a political subdivision of the Commonwealth of Virginia (the "County"), and Parco International, LLC, a limited liability corporation organized under the laws of the Commonwealth of Virginia ("Parco"); (collectively the "Parties"). WHEREAS, Parco has agreed to make, or has made, a significant taxable capital investment commitment in property identified as Tax Map Number 2423-01-3521, and located at the comer of Bank Street and Purden Street in the Town of Chatham, Pittsylvania County, Virginia (the "Property"). WHEREAS, the County finds that the provisions of this Agreement, and the commitments of the Parties herein, promote, or will promote, the retention and expansion of economic growth in the County by inducing industrial, commercial, and economic development within the region, and that such development will promote the safety, health, welfare, convenience, and prosperity of the citizens of the County. NOW, THEREFORE, the parties agree as follows: 1. Recitals Incorporated: The foregoing Recitals are hereby incorporated by reference. 2. Initial Investment/Performance: Prior to the execution of this Agreement, Parco has accomplished the following: purchased the Property, invested in the initial demolition and renovation/up-fit of the Property, hired permanent full-time employees working at the Property, and cleaned and removed all trash and debris from the Property. 3. Future Performance: At a date to be determined in the future, Parco will open a retail establishment in the Property. 4. Incentives Extended to Parco by the County: Page 1 of 4 Pill A. For the Initial Investment/Performance described -above, the County shall extend an incentive grant to Parco in the amount of twenty-five thousand dollars and no cents ($25,000). B. For Parco's Future Performance, the County shall extend an additional incentive grant in the amount of twenty five thousand dollars and no cents ($25,000.00) to Parco only if and when Parco is issued a Certificate of Occupancy on the Property, and the retail establishment in the Property opens to the public and becomes fully operational for six (6) continuous months. C. The County reserves the right to not grant Party the Future Performance incentive grant if the above -conditions are not fully and completely met. D. Any incentive grants to Parco by the County are conditioned on Parco being current on any and all taxes and fees due and owing the County. 5. Governing Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, and if legal action by either party is necessary for or with respect to the enforcement of any or all of the terms and conditions hereof, then exclusive venue therefore shall lie in Pittsylvania County, Virginia. 6. Execution: This Agreement may be executed in any number of duplicate counterparts, each of which shall be deemed an original. 7. Entire Agreern : This Agreement constitutes the entire agreement of the Parties hereto, and may not be modified or amended except in a writing signed by all of the Parties hereto. 8. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 9. Severability: If any provision of this Agreement is determined to be unenforceable, invalid, or illegal, then the enforceability, validity, and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the Parties as nearly as possible in accordance with applicable law. Page 2 of 4 P112 10. Enforcement: In the event that it is necessary for any party to incur any costs and expenses in the enforcement of any of the terms and provisions of this Agreement in a court of law or equity, the substantially non -prevailing party shall pay forthwith to the substantially prevailing party any and all costs and expenses thereby incurred including, but not limited to, reasonable counsel fees and court costs. 11. Notices: Formal notices and communications between the Parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by facsimile or email shall be deemed effective the next business day, not less than twenty-four (24) hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: if to Parco, to: Parco International, LLC Facsimile: Email: _ Attention: if to the Countv, to: Pittsylvania County, Virginia 1 Center Street P.O. Box 426 Chatham, Virginia 24531 Page 3 of 4 P113 Facsimile: (434) 432-7714 Email: Attention: County Administrator WITNESS the following signatures and seals: PITTSYLVANIA COUNTY, VIRGINIA By: Its: County Administrator APPROVED AS TO FORM J. Vaden Hunt, Esq. Pittsylvania County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA The foregoing instrument was acknowledged before me this day of 2017, by , in his capacity as County Administrator of Pittsylvania County, Virginia. Notary Public My commission expires: PARCO INTERNATIONAL, LLC By: Print: Title: STATE OF COUNTYCITY OF The foregoing instrument was acknowledged before me this day of 2017, by , in his/her capacity as of Parco International, LLC, on behalf of the Corporation. My commission expires: Page 4 of 4 P114 Notary Public PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Resolution 2017-10-03 Tobacco Commission; Project 10/17/2017 Lignum ACTION: SUBJECT/PROPOSAL/REOUEST: Resolution of Support for Tobacco Commission Grant Application CONSENT AGENDA: ❑ STAFF CONTACT(S): Mr. Sides ROLL CALL VOTE. 0 ATTACHMENTS: Resolution 2017-10-03 ITEM NUMBER: 10(e) INFORMATION: ❑ REVIEWED BY: 0�d$ SUMMARY: Pittsylvania County and the City of Danville are working with an economic development project with the code name of Project Lignum. This project will be located in the Berry Hill Industrial Park, a jointly administered property owned by the Danville Pittsylvania Regional Industrial Facility Authority. This project is expected to create 80 new jobs with an average annual salary of $41,513 and a total capital investment of $120 million. As a very large electric user, this project will also greatly benefit the development of the Berry Hill Park by providing power credits to help fund new electrical infrastructure. A requirement of this deal is that DPRIFA supply a graded pad, ready for construction. The estimated cost of creating this pad site is $5,641,625. We are proposing that DPRIFA submit an application to the Tobacco Commission Southern Area Economic Development Grant Program to help fund this project. A Resolution of Support is needed for the application. There will also need to be a Resolution of Support from DPRIFA. FINANCIAL IMPACT AND FUNDING SOURCE: Tobacco Commission grants require dollar for dollar matching funds from other sources. After utilizing all other available funding sources, it is expected that there will be a local requirement of approximately $1.1 million from Pittsylvania County, and the same from the City of Danville. County matching funds would need to come from the unassigned fund balance, or through a line item in the 2018-19 County Budget. RECOMMENDATION: Staff recommendation is to approve Resolution 2017-10-03, supporting an application to the Tobacco Commission. If the grant request is approved, a Grant Agreement form will come back to the Board for approval. MOTION: I move that we approve Resolution 2017-10-03 for a Tobacco Commission Southern Area Economic Development Grant that will be used for site improvements necessary for Project Lignum. Pi is PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY 2018 TOBACCO COMMISSION SOUTHERN AREA ECONOMIC DEVELOPMENT GRANTS PROGRAM FOR PROJECT LIGNUM 2017-10-03 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 Region Revitalization Commission has developed a Southern Area Economic Development Grant Program to help tobacco related localities to change and revitalize their economy, and WHEREAS, grants from the Tobacco Region Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agro-business community, then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application to the FY2018 Southern Area Economic Development Grant Program for site pad improvements for Project Lignum and authorizes the County Administrator to file this application and all necessary correspondence relating to the Tobacco Region 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 17th day of October 2017. Robert Warren, Chairman Pittsylvania County Board of Supervisors David M. Smitherman, Clerk Pittsylvania County Board of Supervisors P116 AGENDA TITLE: Resolution 2017-10-02 Building PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY Tobacco Commission; Shell SUBJECT/PROPOSAL/REQUEST: Resolution of Support for Tobacco Commission Grant Application — Shell Building in Cane Creek Centre. STAFF CONTACT(S): Mr. Rowe AGENDA DATE: 10/17/20171- ACTION: YJ CONSENT AGENDA: ❑ ROLL CALL VOTE: 0 ATTACHMENTS: Resolution of Support 10(f) INFORMATION: ❑ REVIEWED BY: !f_dg SUMMARY: As a result of recent announcements such as Unison Tube, LLC, the region no longer has buildings available for advanced manufacturers. Currently, the County is engaged with 6-8 advanced manufacturing companies, all of which seek an existing 40,000 sq. ft. facility to reduce commercial start-up time. These aerospace and automotive companies have visited and are interested in the area due to the precision machining and advanced manufacturing workforce programs. To address this outstanding issue, Staff proposes to utilize the Tobacco Commission Southern Area Economic Development Grant Program to pay for half the cost of a shell building, or roughly $1.5M. This grant must be matched dollar -to -dollar in either public or private funds. To reduce financial burden to the County, Staff has reached out to several private development companies and has determined there is an opportunity to finance the remaining $1.5M. The County will create an RFP and solicit offers from private firms to finance and construct a shell building and enter into 5 - year lease -to -purchase agreement with the County (which could be terminated at any point once a company purchases or locates in the building). Any subsequent RFP, business terms, and/or private firm selection would need to be reviewed and approved by the Board. The proposed facility would be located in Cane Creek Centre. In order to apply, the Board must approve and submit a Resolution of Support. FINANCIAL IMPACT AND FUNDING SOURCE: No immediate financial impact is associated with the application for $1.5 M. However, once a contract is signed with a private building firm, the County would be responsible for paying a yearly lease for up to 5 years; with an agreed building purchase at the end of year 5 if a tenant is not in the facility. This approach allows the County to budget funds over a longer period of time, while recruiting a tenant to acquire the facility. To approve the Resolution of Support for a Tobacco Commission Southern Area Economic Development Grant that will be utilized in the construction of a 40,000 sq. ft. shell building in Cane Creek Centre. MOTION I move that we approve Resolution 2017-10-02 for a Tobacco Commission Southern Area Economic Development Grant that will be used to construct a 40,000 sq. ft. shell building in Cane Creek Centre. P117 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY 2018 TOBACCO COMMISSION SOUTHERN AREA ECONOMIC DEVELOPMENT GRANTS PROGRAM FOR A SHELL BUILDING IN CANE CREEK CENTRE 2017-10-02 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 Region Revitalization Commission has developed a Southern Area Economic Development Grant Program to help tobacco related localities to change and revitalize their economy, and WHEREAS, grants from the Tobacco Region Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agri-business community, then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County, through its partnership with the Danville Pittsylvania Regional Industrial Facility Authority, authorizes the submission of a grant application to the FY2018 Southern Area Economic Development Grant Program for shell building construction for advanced manufacturing prospects in Cane Creek Centre and authorizes the County Administrator to file this application and all necessary correspondence relating to the Tobacco Region 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 17th day of October 2017. Robert Warren, Chairman Pittsylvania County Board of Supervisors David M. Smitherman, Clerk Pittsylvania County Board of Supervisors P118 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Public Hearing to Amend Pittsylvania County Code (PCC) Section 2.2-22; Running At Large Restriction in Designated Areas, to include Green Farm Road SUBJECT/PROPOSAL/REOU EST: Request for Public Hearing STAFF CONTACT(S): Mr. Davis AGENDA DATE: 10-17-2017 ACTION: CONSENT AGENDA: ❑ ROLL CALL VOTE: 0 10(g) INFORMATION: ❑ ATTACHMENTS: 1) Section 2.2-22; Running At Large Restriction in Desginated Area 2) GIS Map of Green Farm Road REVIEWED BY: PS SUMMARY: Staff received a petition submitted by Mary Moore, resident of Green Farm Road in the County, requesting the Board of Supervisors to consider amending Pittsylvania County Code (PCC) Section 2.2-22; Running At Large Restriction in Designated Areas, to include Green Farm Road. This road serves as the border between the Dan River and Banister Districts. Ms. Moore's petition has 30 signatures thus far in favor of a controlled area defined as the entirety of Green Farm Road. Staff has verified there are 62 property owners on Green Farm Road. Ms. Moore's petition currently has 30 signatures, and Ms. Moore is continuing to circulate her petition as not all the property owners live on the parcels located on Green Farm Road. FINANCIAL IMPACT AND FUNDING SOURCE: N/A Staff recommends setting a public hearing for citizens' input, to be held at the Board's next Business meeting on Tuesday, November 28, 2017. MOTION: I move to direct staff to advertise a public hearing for a proposed amendment to include Green Fane Road in Section 2.2-22; Running At Large Restriction in a Designated Area, of the Pittsylvania County Code. P119 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, See. 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 See'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) (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 P120 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 - desacs 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 1 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) (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 P121 for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 1/21/14) (15) Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia, with a controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753, and ending at Shula Drive/SR 642. (B.S.M. 12/15/2015) P122 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Appointment to Planning Commission — Staunton River District Representative SUBJECTIPROPOSAUREOUEST: Commission Appointment STAFF CONTACT(S): Ms. Flippen AGENDA DATE: 10-17-2017 ACTION: 0 CONSENT AGENDA: ❑ ROLL CALL VOTE: ATTACHMENTS: None d ITEM NUMBER: 11(a) INFORMATION: ❑ PS SUMMARY: The term for the Staunton River District Representative on the Planning Commission expires October 31, 2017. The Honorable Elton W. Blackstock, Jr. has nominated Timothy W. Dudley to fill this seat, for a 4 - year term beginning November 1, 2017 until October 31, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: MOTION: I move to approve appointing Timothy W. Dudley as the Staunton River District Representative on the Planning Commission for a 4 -year term, beginning November 1, 2017 until October 31, 2021. P124 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: ITEM NUMBER: Appointments to Industrial Development Authority— 10-17-2017 11(b) Chatham -Blairs District and Tunstall District Representatives Authority Appointments STAFF CONTACT(S): Ms. Flippen ACTION: H CONSENT AGENDA: ❑ ROLL CALL VOTE: a ATTACHMENTS: None PS n SUMMARY: The terms for the Chatham -Blairs District and Tunstall District Representatives on the Pittsylvania County Industrial Development Authority expiress November 30, 2017. These are four (4) year terms and would commence December 1, 2017 through November 30, 2021. Ronnie L. Haymore (Tunstall District) and Dr. Joey Faucette (Chatham -Blairs District) are eligible for re- appointment. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: Staff submits this for the Board's review and consideration. MOTION: A) I move to appoint as the Chatham -Blairs District Representative on the Pittsylvania County Industrial Development Authority for a four (4) year term that will commence December 1, 2017 through November 30, 2021. B) I move to appoint as the Tunstall District Representative on the Pittsylvania County Industrial Development Authority for a four (4) year term that will commence December 1, 2017 through November 30, 2021. P125