06-18-2019 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, June 18, 2019 – 7:00 PM
Pittsylvania County General District Courtroom
Edwin R. Shields Courthouse Addition, 11 Bank Street
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER (7:00 PM)
2. ROLL CALL
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE
5. AGENDA ITEMS TO BE ADDED
6. APPROVAL OF AGENDA
7. CONSENT AGENDA
a. Minutes: May 14, 2019, Work Session and Business Meeting, and June 4, 2019,
Legislative Committee Meeting (Staff Contact: Kaylyn M. McCluster)
b. DRT Housing Agreements for Mount Hermon Fire & Rescue and Chatham Rescue
Squad (Staff Contact: Christopher C. Slemp)
c. EMAC Billing Fee Increase Public Hearing Authorization (Staff Contact:
Christopher C. Slemp)
d. EMS Billing Services Contract Approval (Staff Contact: Christopher C. Slemp)
e. Town of Hurt Storm Landfill Tipping Fee Waiver Authorization (Staff Contact:
Richard N. Hicks)
f. Childs Deed Acceptance (Staff Contact: J. Vaden Hunt, Esq.)
g. County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact:
Gregory L. Sides)
h. Ratification of Resolution in Support for Mega Site Connector Road (Staff Contact:
Matthew D. Rowe)
Business Meeting - June 18, 2019
8. PRESENTATIONS
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
A. Rezoning Public Hearings
Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the
Board of Supervisors have been empowered to hear and decide specific zoning issues
and zoning map changes in support of said Ordinance. In accomplishing this
important task, the Board is responsible for promoting the health, safety, and general
public welfare of the citizens of Pittsylvania County. The Board must ensure that all
of its decisions and regulations be directed to these goals and that each be consistent
with the environment, the comprehensive plan, and in the best interest of Pittsylvania
County, its citizens, and its posterity.
Case 1: Public Hearing: Rezoning Case R-19-014; Jasmine E. Barbee; Tunstall
Election District, R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Staff Contact: Gregory L. Sides); (Supervisor
Barber)
Case 2: Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller;
Callands-Gretna Election District, R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides);
(Supervisor Farmer)
Business Meeting - June 18, 2019
B. Other Public Hearings
Each person addressing the Board under a Public Hearing shall step up, give his/her
name and district, and/or his/her place of residency for non-County citizens, in an
audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be
limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless
the consent of the Board is affirmatively given to extend the speakers allotted time.
Absent Chairman’s approval, no person shall be able to speak who has not signed up.
1. Public Hearing: VDOT Secondary Six (6)-Year Plan Approval (Staff Contact:
Gregory L. Sides)
2. Public Hearing: AEP Comprehensive Plan Compliance Public Hearing (Staff
Contact: Gregory L. Sides) - WITHDRAWN BY APPLICANT
11. UNFINISHED BUSINESS
a. Potential Enterprise Zone Amendment Approval and Public Hearing Advertisement
Authorization (Staff Contact: Matthew D. Rowe)
12. NEW BUSINESS
a. RIFA Cane Creek Bond Refinancing Authorization (Staff Contact: Kimberly G. Van
Der Hyde)
b. Colonial Pipeline Grant Appropriation (Staff Contact: Kimberly G. Van Der Hyde)
c. Radio Tower Project Change Order (Staff Contact: Richard N. Hicks)
13. APPOINTMENTS
a. Appointment: DCC Board of Trustees; John Mead (Staff Contact: Kaylyn M.
McCluster)
b. Appointment: DCC Board of Trustees; At-Large Seat (Staff Contact: Kaylyn M.
McCluster)
c. Appointment: Danville Pittsylvania Community Services Board (Contact: Supervisor
Farmer)
d. Appointment: Danville Pittsylvania Community Services Board (Supervisor Miller)
e. Appointment: Library Board; Alice Shelton (Contact: Supervisor Warren)
f. Appointment: Library Board; Shelby Buffington (Contact: Supervisor Farmer)
14. MATTERS FROM WORK SESSION (IF ANY)
a. Legislative Committee Action Items (Staff Contact: J. Vaden Hunt, Esq.)
b. Go Virginia Robotic Grant Match Funding Commitment Confirmation (Staff Contact:
Gregory L. Sides)
15. BOARD MEMBER REPORTS
Business Meeting - June 18, 2019
16. COUNTY ADMINISTRATOR REPORTS
17. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Minutes: May 14, 2019, Work Session and Business Meeting, and June 4,
2019, Legislative Committee Meeting (Staff Contact: Kaylyn M.
McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 18, 2019 Item Number: 7.a
Attachment(s):
05-14-2019 Work Session Minutes - DRAFT
05-14-2019 Business Meeting - DRAFT
06-04-2019 Legislative Committee Meeting Minutes -DRAFT
Reviewed By:
7.a
Packet Pg. 5
May 14, 2019
Work Session
Pittsylvania County Board of Supervisors
Work Session
May 14, 2019
VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was
held on May 14, 2019, in the Main Conference Room, County Administration Building,
Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, called the Meeting to
Order at 4:30 PM. The following Members were present:
CALL TO ORDER (4:30 PM)
Attendee Name Title Status Arrived
Joe B. Davis Chairman - Dan River District Present 4:24 PM
Charles H. Miller Vice Chairman - Banister District Absent
Tim R. Barber Supervisor - Tunstall District Absent
Elton W. Blackstock Supervisor - Staunton River District Present 4:28 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 4:23 PM
Ronald S. Scearce Supervisor - Westover District Present 4:23 PM
Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 4:22 PM
Also in attendance were Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides,
Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant
County Administrator for Operations; and Mrs. Kaylyn M. McCluster, Deputy Clerk.
AGENDA ITEMS TO BE ADDED/REMOVED
Motion to remove item 5a., Go Virginia Robotic Grant Match Funding Request Discussion, from
the Agenda, and add, under Staff Reports, Website Refresh and Radio Tower Change Order
Discussion.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Davis, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller, Barber
APPROVAL OF AGENDA
Motion to approve Agenda.
7.a.a
Packet Pg. 6 Attachment: 05-14-2019 Work Session Minutes - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
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Work Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
SECONDER: Elton W. Blackstock, Supervisor - Staunton River District
AYES: Davis, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller, Barber
PRESENTATIONS
a. VDOT Secondary Six-Year Plan Discussion (Staff Contact: Gregory L. Sides); (30
minutes)
Mr. Jay Craddock, (VDOT), was present to receive feedback from the Board about which roads
they would like to see included in the Secondary Six (6)-Year Plan for the County. Mr.
Blackstock stated he would like to see Pocket Road put on the list. Mr. Warren stated it looked
like they could possibly put six (6) of those roads on the Plan. Mr. Farmer questioned the
Districts that the roads were located in. Mr. Craddock responded with the following: Oliver’s
Lane - Dan River; Friendly Drive, Brushy Mountain Road, Berry Road, Victoria Road, Hawkins
Road, Oxford Road, Brown Road, and Craddock Lane - Callands-Gretna; Ponderosa Road -
Tunstall District; and Pocket Road - Staunton River.
Mr. Farmer stated he would like to include Friendly Drive, because it has been on there a number
of years and Mr. Davis asked for the Oliver’s Lane connection.
There was consensus of the Board to include Friendly Drive, Oxford Road, Pocket Road, and
Oliver’s Lane in the Secondary Six-Year Plan for the County.
Mr. Craddock will bring those back for approval at the Board’s June Business Meeting.
b. Library Feasibility Study Update (Staff Contact: Lisa W. Tuite); (15 minutes)
Mr. Gil Entzminger provided the Board with an update from the Library Feasibility Study. His
Presentation can be found on the County’s website at <https://www.pittsylvaniacountyva.gov/>.
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. Building and Property Committee Update (Staff Contact: Richard N. Hicks); (10
minutes)
Mr. Hicks gave a brief update to the Board regarding the Courts and Jail Facilities Update that
was presented by Moseley Architects at the May 2, 2019, Property/Building Committee Meeting.
He stated there was discussion about building a smaller jail off-site, but unfortunately the County
does not have enough property for this at the current time. There is a Meeting scheduled with
the Sheriff and the Judge to go over this Report on May 23, 2019. There will also be a formal
Presentation made to the full Board at the June 18, 2019 Meeting. Moseley Architects will then
finalize their Report and present to the Board at the July 16, 2019 Meeting. He also stated the
County was approached by Roy Ford requesting for the County to purchase a small piece of
7.a.a
Packet Pg. 7 Attachment: 05-14-2019 Work Session Minutes - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
Board of Supervisors
May 14, 2019
Work Session
property located on the Old Blair’s School soccer field. There is also the possibility of a citizen
donating two (2) parcels of land to the County due to her living in Washington and no longer
wanting the property. It is anticipated that a swap of the properties could take place between the
gifted land and Mr. Ford’s property. There will be a Public Hearing held at the June 18, 2019,
Meeting to take care of this.
b. Pet Center Update (Staff Contact: James P. McLaughlin); (10 minutes)
Mr. McLaughlin was present and gave a brief update to the Board on the Pet Center. He stated
they have a 92% live release for the year so far. Adoptions are not as high as they would like but
they have partnered with the Virginia Federation of Humane Societies, which they are now a
7.a.a
Packet Pg. 8 Attachment: 05-14-2019 Work Session Minutes - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
Board of Supervisors
May 14, 2019
Work Session
member, and are very pleased. The total in Grants which includes in-care donations, such as
donated food, totals $24,800 during the first four (4) months. They have received over $9,000 in
cash donations from the public. They have surpassed the $50,000 fundraising goal for the first
six (6) months. The Pet Center has reduced the number of full-time employees and increased
part-time employees, which has helped the fixed costs. Mr. McLaughlin also provided the below
handout to the Board which outlines upcoming fundraisers for the Pet Center.
c. Website Refresh (Staff Contact: Scott Budd)
Scott Budd, Director of Information Technology, was present to give a brief overview of the
7.a.a
Packet Pg. 9 Attachment: 05-14-2019 Work Session Minutes - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
Board of Supervisors
May 14, 2019
Work Session
County’s website refresh. Mr. Farmer suggested that the County into an add-on for the County’s
website that would allow the County to have an app for smartphones in order for citizen to easily
access the County’s information.
d. Radio Tower Change Order Discussion (Staff Contact: Richard N. Hicks)
Mr. Hicks stated that construction has begun on the Callands and Old Mayfield radio towers. As
a part of this Project, Harris will be adding additional equipment to the Kentuck Radio Tower
(“Kentuck Tower”) behind Kentuck Middle School. After the bids were awarded, the County
was contacted by AT&T, and it expressed an interest in leasing space on the Kentuck Tower. To
move forward, County Staff required AT&T to perform a structural analysis of the tower and
provided it information on the additional equipment being installed by the County. After
completing the structural analysis, it was determined that the Kentuck Tower did not meet the
new loading requirements for the County’s new equipment or for AT&T’s proposed equipment.
Shortly thereafter, the County was contacted by Verizon about leasing space on the Kentuck
Tower. AT&T revised its structural analysis to include the Verizon equipment. None of the
equipment meets the current loading requirements. AT&T hired a firm to design a set of plans
and specifications to modify the footings and loadings for the Kentuck Tower that would result
in said Tower meeting the loading specifications for the County, AT&T, and Verizon’s
equipment. The Company that completed the plans and specifications for the Kentuck Tower
improvements was from North Carolina. County Staff contacted the Company about pricing the
improvements, but our Purchasing Director had concerns with their lack of knowledge of
Virginia Procurement standards. County Staff discussed putting the Project out for bids, which
would be a long process, and the County Staff would still need an Engineer to manage the
Project and sign-off on plans and specifications that were completed by another firm. The
selection of an engineering firm would again be a long process. The County’s intent is to have
all of this work completed during the construction phase of the two (2) new Towers, so Harris
Communications can complete its installation of the equipment at the same time. A bidding
process would not fit into that time line. Black & Veatch is the current general contractor for the
construction of the two (2) Towers. County Staff contacted Black & Veatch and asked if it was
willing to take those plans and specifications, review them, and provide the County with a cost to
have its current contractors perform the work by Change Order. Black & Veatch has submitted
the Change Order in the amount of $191,200. County Staff has advised AT&T and Verizon that
Kentuck Tower modifications will be necessary, and that the County will require each Party to
pay one-third (1/3) of the cost of said modifications. Both seem to be in agreement, contingent
upon the final cost. If the other Parties determine that a Tower Space Lease is not in its best
interests, the Kentuck Tower modifications would be the County’s sole financial responsibility.
County Staff is in the process of attempting to secure the execution of a Kentuck Tower Cost
Sharing Agreement.
Mr. Blackstock asked if this met the Procurement Policy, and Mr. Hicks stated that Ms. Gibson
may not agree that it does. Mr. Blackstock suggested amending the Motion for the night’s
Business Meeting contingent upon legal verification of compliance with the Virginia Public
Procurement Act.
7.a.a
Packet Pg. 10 Attachment: 05-14-2019 Work Session Minutes - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
Board of Supervisors
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Work Session
e. Other Reports
BUSINESS MEETING DISCUSSION ITEMS
ADJOURNMENT
Mr. Davis adjourned the Meeting at 6:09 PM.
7.a.a
Packet Pg. 11 Attachment: 05-14-2019 Work Session Minutes - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
May 14, 2019
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
May 14, 2019
VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was
held on May 14, 2019, in the Pittsylvania County General District Courtroom, Edwin R. Shields
Courthouse Addition, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis,
called the Meeting to Order at 7:00 PM. The following Members were present:
CALL TO ORDER (7:00 PM)
Attendee Name Title Status Arrived
Joe B. Davis Chairman - Dan River District Present 6:49 PM
Charles H. Miller Vice Chairman - Banister District Absent
Tim R. Barber Supervisor - Tunstall District Present 6:52 PM
Elton W. Blackstock Supervisor - Staunton River District Present 6:53 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 6:48 PM
Ronald S. Scearce Supervisor - Westover District Present 6:50 PM
Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 6:47 PM
Also in attendance were Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides,
Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant
County Administrator for Operations; Mrs. Kimberly G. VanDerHyde, Director of Finance; and
Mrs. Kaylyn M. McCluster, Deputy Clerk.
AGENDA ITEMS TO BE ADDED/REMOVED
Motion to remove item 12f., Go Virginia Robotics Grant Shortall, from the Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District
SECONDER: Elton W. Blackstock, Supervisor - Staunton River District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
SECONDER: Tim R. Barber, Supervisor - Tunstall District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
CONSENT AGENDA
7.a.b
Packet Pg. 12 Attachment: 05-14-2019 Business Meeting - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
a. Minutes: April 16, 2019, Work Session and Business Meeting, and May 2, 2019,
Property/Building Committee (Staff Contact: Kaylyn M. McCluster)
b. Resolution #2019-05-01: State Championship Skills Challenge (Contact: Supervisor
Warren)
Students from the Pittsylvania Career and Technical Center were present to accept the
Resolution.
c. Proclamation: Business Appreciation Week (Staff Contact: Susan E. McCulloch)
Mrs. Susan McCulloch was present to accept the Proclamation.
d. Proclamation: Community Action Month (Staff Contact: Kaylyn M. McCluster)
Ms. Victoria Minton was present to accept the Proclamation.
e. Proclamation: National Dairy Month; June (Staff Contact: Kaylyn M. McCluster)
ITEMS REMOVED FROM AGENDA
f. Go Virginia Robotics Grant Shortfall (Staff Contact: Gregory L. Sides)
PRESENTATIONS
a. County Employee Service Awards Presentation (Staff Contact: Holly E. Stanfield)
Employees were recognized for their years of service with the County.
b. Presentation of Child Identification Programs (Staff Contact: Sheriff Taylor)
Mr. Jack Lewis presented equipment to the Sheriff for Child Identification Programs.
HEARING OF THE CITIZENS
Ronald Rowland, Chief of Police of the Town of Hurt, invited the Supervisors to their Business
Appreciation Day on June 5, 2019, from 9:00 am until 11:00 am, at the Hurt Town Hall.
PUBLIC HEARINGS
Rezoning Public Hearings
Case 1: Public Hearing: Rezoning Case R-19-016, James T. Motley; Callands-Gretna
Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (Staff Contact: Gregory L. Sides); (Supervisor Farmer)
Mr. Davis opened the Public Hearing at 7:36 PM. Mr. Motley was present to represent the
7.a.b
Packet Pg. 13 Attachment: 05-14-2019 Business Meeting - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
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Business Meeting
Petition. Mr. Motley stated that this is just a matter of cleaning up the property lines. No one
signed up to speak, and Mr. Davis closed the Public Hearing at 7:37 PM.
Motion to rezone 17.31 acres from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to combine with the adjacent farm).
RESULT: APPROVED [UNANIMOUS]
MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District
SECONDER: Elton W. Blackstock, Supervisor - Staunton River District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
Case 2: Public Hearing: Rezoning Case R-19-017, J D A Associates, Inc.; Chatham-Blairs
and Westover Election Districts; R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Staff Contact: Gregory L. Sides); (Supervisors Warren and Scearce)
Mr. Davis opened the Public Hearing at 7:38 PM. Mr. Talbott was present to represent the
Petition. No one signed up to speak, and Mr. Davis closed the Public Hearing at 7:39 PM.
Motion to rezone a total of 98.66 acres from R-1, Residential Suburban Subdivision District, to
A-1, Agricultural District (to subdivide into approximately seven (7) lots using the 50 feet of
road frontage that was left for future development of the subdivision).
RESULT: APPROVED [UNANIMOUS]
MOVER: Ronald S. Scearce, Supervisor - Westover District
SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
Case 3: Public Hearing: Rezoning Case R-19-018; Kenneth Yeaman; Westover Election
District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District
(Staff Contact: Gregory L. Sides); (Supervisor Scearce)
Mr. Davis opened the Public Hearing at 7:40 PM. Mr. Yeaman was present to represent the
Petition. No one signed up to speak, and Mr. Davis closed the Public Hearing at 7:41 PM.
Motion to rezone 5.00 acres from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to consolidate with his adjacent farm).
7.a.b
Packet Pg. 14 Attachment: 05-14-2019 Business Meeting - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
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RESULT: APPROVED [UNANIMOUS]
MOVER: Ronald S. Scearce, Supervisor - Westover District
SECONDER: Tim R. Barber, Supervisor - Tunstall District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
Other Public Hearings
1. Public Hearing: Dog Controlled Area (Staff Contact: Kaylyn M. McCluster)
Mrs. McCluster stated that County Staff received a Petition from by Carol Cooper, resident of
Museville Road in the County, requesting the Board consider amending Pittsylvania County
Code (“PCC”) § 2.2-22; Dogs Running At Large Restrictions in Designated Areas, to include the
following sections of Museville Road and Anderson Mill Road: 1128 Museville Road to 1348
Museville Road, and from 12620 Anderson Mill Road to Burton Lake Road. County Staff has
verified there are twenty-six (26) property owners within this area. Ms. Cooper’s Petition has
sixteen (16) signatures, representing 61.5% of property owners in the proposed Dog-Control
Area. At the April 16, 2019, Business Meeting, the Board authorized County Staff to advertise
for a Public Hearing for citizen input on amending PCC § 2.2-22 to include the aforementioned
sections of Museville Road and Anderson Mill Road. The Public Hearing was advertised in the
Chatham Star Tribune on May 1, 2019, and May 8, 2019. County Staff has also spoken with
Susan Dillon, Chief Animal Control Officer, and she confirmed that if dogs are on an official
hunt they would not be picked up, even if they are in the controlled area. Most hunting dogs have
identification that enables Animal Control to get them back to their rightful owner.
Mr. Davis opened the Public Hearing at 7:44 PM. Connie Wright spoke about a pit bull being
loose and her being told that there was nothing that could be done about it. Ryland Reynolds of
Tomahawk Mill Road in the Callands-Gretna District voiced his concerns on this area being
designated a dog-controlled area. He stated the other areas in the County Code are not this rural.
Austina Elkins of the Callands Gretna District stated she feels that they live in the deep country
and spoke in opposition of this area becoming a controlled area. Freddie Melton, a resident of
this area, stated that dogs come in his yard and he has no problem with the dogs in his yard. He
questioned why they would make this rural of an area a controlled area. Mark Holland, attorney
for Ms. Cooper, spoke in favor of the Board declaring this a dog-controlled area. He stated that
she had met the requirements pursuant to the County Code and requested the Board to include
these areas as a dog-controlled area. Mr. Motley spoke and stated his opposition for this
controlled area in a rural area such as this. Mr. Davis closed the Public Hearing at 8:00 PM.
Mr. Farmer commended Ms. Cooper for her efforts. Mr. Farmer also stated this is a potential
county-wide issue and suggested this item go back to the Legislative Committee for review of
the Animal Nuisance Ordinance.
Motion to table this item until a later date.
7.a.b
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RESULT: APPROVED [UNANIMOUS]
MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District
SECONDER: Elton W. Blackstock, Supervisor - Staunton River District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
2. Public Hearing: Wayside Park Deed Restriction and Open Space Easement Public
Hearing and Potential Approval of Same (Staff Contact: Mark W. Moore)
Mr. Moore was present and stated that he Virginia Outdoors Foundation Grant Agreement is for
a Forest CORE Fund Grant in the amount of $106,460 for the Park. The VOF Easement requires
the County, in exchange for receiving the VOF Grant money, to enter into an Open-Space
Easement in perpetuity containing the following four (4) restrictions and/or conditions on
permitted use and activities in the Park: (1) no future subdivision of the Park; (2) no timbering
of the forested portion of the Park (with the five (5) exceptions noted); (3) requirement of posting
at least one (1) VOF sign in the Park acknowledging VOF funding received; and (4) the
requirement of daily public access to the Park. Since the Open-Space Easement conveys an
interest in publicly-owned County property, Virginia Code § 15.2-1800(B) requires the County
hold a Public Hearing for citizen input prior to potentially granting said interest. Mr. Moore
stated these things to do not create a burden, since they are things that are already planned for the
park.
Mr. Davis opened the Public Hearing at 8:07 PM. No one signed up to speak, and Mr. Davis
closed the Public Hearing at 8:08 PM.
Motion to accept the Virginia Outdoors Foundation Grant Agreement and Easement, and
authorize the County Administrator to sign both documents on the County’s behalf.
RESULT: APPROVED [UNANIMOUS]
MOVER: Elton W. Blackstock, Supervisor - Staunton River District
SECONDER: Tim R. Barber, Supervisor - Tunstall District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
3. Public Hearing: Enterprise Zone Amendments (Staff Contact: Susan E. McCulloch)
Ms. Susan McCulloch was present and stated that the Virginia General Assembly allows
counties and cities in the Commonwealth to designate a specified acreage of land, in a certain
geographic area, as an Enterprise Zone. The Commonwealth offers EZ Grants, and the localities
also incentivize targeted companies, to locate or expand within EZs. Pittsylvania County,
Virginia has two (2) EZs: (1) EZ 57: a joint EZ with the City of Danville, Virginia (“Danville”),
and includes Cane Creek and Gretna; and (2) EZ 24: a newer EZ, predominantly includes the
SVMP at Berry Hill and the SVMP in Hurt. After examining the County’s current incentives
and boundary for the purpose of updating the same, the County’s Economic Development
(“ED”) Staff is currently engaged in a much-needed EZ revision process, which is very common
7.a.b
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Business Meeting
and even encouraged with EZs. An EZ is an overlay district. Changes to EZs do not affect the
current zoning, allowed uses, and enjoyment of property located therein. Proposed changes to
the County’s EZ boundaries include the following:
• EZ 24:
-Remove 350 acres of SVMP at Berry Hill, including cultural area (i.e., land to hold relocated
cultural landmarks) and wetlands.
-Add 836 acres, which includes property in the Blairs area across from Virginia Candle
Company, and land around the SVMP in Hurt.
-Total acreage of EZ 24: Current Size = 3,317 acres; Amended Size = 3,604 acres (maximum
allowed is 3,840 acres).
• EZ 57:
-Remove 546 acres of public land, including school grounds in Gretna, church property, private
residences, farm land, and land where Companies indicated that they do not need EZ benefits.
-Add 288 acres of land in Blairs and two (2) small lots in Gretna that can be adaptively reused.
-Total acreage of EZ 57: Current Size = 3,428 acres; Amended Size = 3,170 acres (maximum
allowed is 3,840 acres).
The EZ incentives do not have uniform names and can vary in each EZ, which can be confusing
to potential ED recruits. The proposed EZ revisions change the EZ names to make them the
same and better align with the County’s Economic Development partner, Danville. Also, the
County proposes to remove incentives in EZ 57 that can be offered by partners (membership to
Chamber), are not unique to the EZ (i.e., Shell Building Program), or are not being used (i.e.,
sales tax rebate). Additionally, proposed EZ changes to qualifying thresholds will serve the
following purposes: (1) make them less complicated; (2) make them easier to qualify for; and (3)
reward higher job creators. In conclusion, the County’s ED Staff wants to stress that these
changes to the EZ boundaries are being done based on real business activity. The County’s ED
Staff is revising the EZ boundaries to allow incentives exactly where industries are telling the
County they want to be on a daily, weekly, and monthly basis. Moreover, these EZ incentives
are being revised to give companies the value they are looking for, which helps the County be
competitive. Said changes are paid based on performance (retroactively), which protects the
Company and the County. Sixty-seven (67) EZ removal letters were sent, representing 295
parcels, and the County’s ED Staff received thirteen (13) phone calls representing thirty-three
(33) parcels. The main concerns were that the letters were alerting them to activity around them,
which County ED Staff explained affected the whole zone.
Mr. Davis opened the Public Hearing at 8:20 PM. Mr. Ben Davenport requested to speak on
behalf of Hargrave Military Academy. He stated they are in the middle of doing a big renovation
of the campus and the school needs significant repair work, and they are attempting to get tax
credits and such for this Project. He also stated that Michael Locher was present and would like
for him to speak on their behalf. Mr. Locher requested the Board not to vote for final approval
and asked they put it off for a few months. He stated he has a client that was notified and it
appears they would meet the requirements, but if this were to pass, they will not qualify for the
7.a.b
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May 14, 2019
Business Meeting
year. He would like to have a chance to revisit the Map and be sure nothing needs to be
changed. Mr. Davis closed the Public Hearing at 8:33 PM.
Motion to table until June Meeting.
RESULT: APPROVED [UNANIMOUS]
MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
SECONDER: Tim R. Barber, Supervisor - Tunstall District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
4. Public Hearing: Relocation of Voting Precincts and Approval of Related Revision to
PCC Section 8-7 (Staff Contact: Kelly Bailess)
Ms. Kelly Bailess, Registrar, was present and stated that last spring, the Pittsylvania County
Board of Supervisors approved relocating the Riceville Voting Precinct to the Riceville
Missionary Baptist Church Family Life Center. However, after the June 2018 Primary Election,
the Church’s Trustee Committee sent formal notice that its facility was no long available due to
an internal divide. Therefore, despite repeated attempts to rectify the situation, Ms. Bailess was
forced to temporarily relocate the Riceville Voting Precinct to the Riceville Java Volunteer Fire
Department, located at 3105 Java Road, Java, Virginia 24566. However, because of the timing
and the November 2018 Election, it had to be submitted to the State Board of Elections as an
Emergency Relocation. Now, in the Registrar’s opinion, the Board needs to take the formal
steps to make this change permanent. In addition to moving the Riceville Voting Precinct, the
Registrar has determined that the County needs to find and approve a new facility for the Mt.
Hermon Voting Precinct. The owner of the Mt. Hermon Courtyard recently notified Bailess of
its new tenant with whom it has entered into a Lease Agreement that forbids the facility from
being rented to an outside party. Ms. Bailess has since toured and met with several local
facilities within Mt. Hermon Voting Precinct boundaries, and has determined that the New Life
Community Church, located at 3837 U.S. Highway 29, Danville, Virginia 24540 (in the County),
contained the required space and meets all of the State requirements for handicap parking and
accessibility. Following a lawfully advertised and conducted Public Hearing, the Board is
legally required to vote to amend Pittsylvania County Code (“PCC”) § 8-7 to formally
implement the Registrar’s aforementioned Voting Precinct relocation recommendations. The
proposed Voting Precinct relocation Public Hearing Notice was advertised in the Chatham Star
Tribune on May 1, 2019, and May 8, 2019.
Mr. Davis opened the Public Hearing at 8:35 PM. No one signed up to speak and Mr. Davis
closed the Public Hearing at 8:35 PM.
Motion to approve the amendments to Pittsylvania County Code Section 8-7 permanently
relocating the Riceville Voting Precinct from the Riceville Missionary Baptist Church Family
Life Center to the Riceville Java Volunteer Fire Department, located at 3105 Java Road, Java,
Virginia 24566, and relocating the Mt. Hermon Voting Precinct from the Mt. Hermon Courtyard
to the New Life Community Center, located at 3837 US Highway 29, Danville, Virginia 24540.
7.a.b
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Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District
SECONDER: Ronald S. Scearce, Supervisor - Westover District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
UNFINISHED BUSINESS
NEW BUSINESS
a. Approval and Adoption of Emergency Operations Plan (Staff Contact: Christopher C.
Slemp)
Mr. Slemp stated that Virginia Code § 44-146.19 requires that all Virginia Counties develop and
maintain an Emergency Operations Plan (the “EOP”), which addresses its planned response to
major emergency situations and disasters (such as severe weather events, hazardous material
releases, etc.). The EOP must be reviewed, updated as needed, and be formally adopted by the
County’s Governing Body. Over the past several months, the Virginia Department of
Emergency Management’s Planning Section, has worked with County Staff to review and revise
the County’s EOP. Minor changes were made and contacts within the County’s EOP have been
updated.
Motion to approve and adopt the Pittsylvania County Emergency Operations Plan as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Tim R. Barber, Supervisor - Tunstall District
SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
b. Next Gen-911 Grant Agreement Approval (Staff Contact: Christopher C. Slemp)
Mr. Slemp stated that Virginia is in the process of deploying Next Generation 911 (“NG911”)
capabilities to all Virginia jurisdictions. This is a State requirement. Pittsylvania County,
Virginia (the “County”) is scheduled to be upgraded between July 2020 and December 2020. In
December 2018, the Pittsylvania County Board of Supervisors (the “Board”) approved County
Staff to seek a Grant that would cover the cost of the NG911 Upgrade, as well as the increased
reoccurring cost associated with NG911 for twenty-four (24) months once the upgrades are
installed and operating. County Staff was successful in securing a Grant for $86,407.51 to cover
said costs. A Grant Condition requires the Locality to sign a Participation Agreement with the
contractor that will do the upgrades within ninety (90) days of the Grant Award. Fairfax County,
Virginia (“Fairfax”), negotiated a contract with AT&T to perform these upgrades, and included
Cooperative Procurement language in the contract; thereby, allowing all Virginia localities to use
the same services under its agreed Pricing Schedule. As confirmed by County’s Procurement
Manager, said contract meets all Virginia Procurement Act requirements. The Grant will cover
7.a.b
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Business Meeting
one-hundred percent (100%) of the Upgrade cost and twenty-four (24) months of the increased
monthly cost that the County will incur as a result of the mandated Upgrade. The Upgrade will
occur in FY21, with increased monthly cost after completion thereof.
Motion to authorize County Staff to sign the attached AT&T Participation Agreement for the
2020 NG911 Upgrade.
RESULT: APPROVED [UNANIMOUS]
MOVER: Elton W. Blackstock, Supervisor - Staunton River District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
c. Resolution #2019-05-02: Blairs Fire and Rescue Tax Exempt Usage Authorization
(Staff Contact: Christopher C. Slemp)
Mr. Slemp stated the Federal Government, via the Internal Revenue Service (“IRS”), grants local
governments up to $10 million dollars annually in tax-exempt bonds for financing public needs.
Blairs Fire and Rescue, Inc. (“Blairs”), desires to utilize up to, but not exceeding $330,000, of
said County’s tax-exempt bond financing for the purchase of one (1) 2019 Pierce Enforcer
Custom Cab, 1750 GPM Pumper Truck and additional equipment.
Motion to approve Resolution # 2019-05-02 allowing Blairs Fire and Rescue, Inc., to utilize up
to, but not exceeding $330,000, of the County’s tax-exempt IRS bond capacity for the purchase
of one (1) 2019 Pierce Enforcer Custom Cab, 1750 GPM Pumper Truck and additional
equipment.
RESULT: APPROVED [UNANIMOUS]
MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
SECONDER: Ronald S. Scearce, Supervisor - Westover District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
d. Request for Tipping Fee Waiver - Leesville Lake Association (Staff Contact: Richard
N. Hicks)
Mr. Hicks stated that County Staff received a letter requesting a landfill tipping fee waiver from
the Leesville Lake Association for debris that will be collected during its Annual Beautification
and Volunteer Appreciation Day on Saturday, June 8, 2019.
Motion to approve the Leesville Lake Association’s request to waive the landfill tipping fees for
the debris to be collected from its 2019 Beautification Day Event.
7.a.b
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Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Elton W. Blackstock, Supervisor - Staunton River District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
e. Radio Tower Project Change Approval (Staff Contact: Richard N. Hicks)
Mr. Hicks stated that construction has begun on the Callands and Old Mayfield radio towers. As
a part of this Project, Harris will be adding additional equipment to the Kentuck radio tower
(“Kentuck Tower”) behind Kentuck Middle School. After the bids were awarded, the County
was contacted by AT&T, and it expressed an interest in leasing space on the Kentuck Tower. To
move forward, County Staff required AT&T to perform a structural analysis of the tower and
provided it information on the additional equipment being installed by the County. After
completing the structural analysis, it was determined that the Kentuck Tower did not meet the
new loading requirements for the County’s new equipment or for AT&T’s proposed equipment.
Shortly thereafter, the County was contacted by Verizon about leasing space on the Kentuck
Tower. AT&T revised its structural analysis to include the Verizon equipment. None of the
equipment meets the current loading requirements. AT&T hired a firm to design a set of plans
and specifications to modify the footings and loadings for the Kentuck Tower that would result
in said Tower meeting the loading specifications for the County, AT&T, and Verizon’s
equipment. The Company that completed the plans and specifications for the Kentuck Tower
improvements was from North Carolina. County Staff contacted the Company about pricing the
improvements, but our Purchasing Director had concerns with their lack of knowledge of
Virginia Procurement standards. County Staff discussed putting the Project out for bids, which
would be a long process, and the County Staff would still need an Engineer to manage the
Project and sign-off on plans and specifications that were completed by another firm. The
selection of an engineering firm would again be a long process. The County’s intent is to have
all of this work completed during the construction phase of the two (2) new Towers, so Harris
Communications can complete its installation of the equipment at the same time. A bidding
process would not fit into that time line. Black & Veatch is the current general contractor for the
construction of the two (2) Towers. County Staff contacted Black & Veatch and asked if it was
willing to take those plans and specifications, review them, and provide the County with a cost to
have its current contractors perform the work by Change Order. Black & Veatch has submitted
the Change Order in the amount of $191,200. County Staff has advised AT&T and Verizon that
Kentuck Tower modifications will be necessary, and that the County will require each Party to
pay one-third (1/3) of the cost of said modifications. Both seem to be in agreement, contingent
upon the final cost. If the other Parties determine that a Tower Space Lease is not in its best
interests, the Kentuck Tower modifications would be the County’s sole financial responsibility.
County Staff is in the process of attempting to secure the execution of a Kentuck Tower Cost
Sharing Agreement.
Motion to authorize the County Administrator to execute a Change Order for the Kentuck Tower
modifications, contingent upon financial participation by AT&T and Verizon, or a combination
7.a.b
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Board of Supervisors
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Business Meeting
thereof, and subject to legal verification of compliance with the Virginia Public Procurement
Act.
RESULT: APPROVED [UNANIMOUS]
MOVER: Elton W. Blackstock, Supervisor - Staunton River District
SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
f. Pet Center Grant Appropriations (Staff Contact: Kimberly G. Van Der Hyde)
Mrs. VanDerHyde stated that James McLaughlin, Pet Center Director, has been working
diligently to secure Grants to help offset the costs associated with Pet Center Operations. He has
been successful in obtaining two (2) Grants totaling $6,564.37. The first Grant was awarded by
the Roper Foundation in the amount of $6,000, and will be used to purchase Pet Center supplies
and provide animal medical care. The second Grant was awarded by the Petfinder Foundation in
the amount of $564.37, and was used to cover the cost of a critical medical procedure that was
performed on a dog that was being housed at the Pet Center.
The Pet Center Grants totaling $6,564.37 require no local match and need to be appropriated in
the following manner:
• 250-4-094501-Various Roper Foundation Grant $6,000.00
• 250-4-094502-584910 Petfinder Foundation Grant $564.37
Motion to appropriate a total of $6,564.37 to the Grants Fund as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Elton W. Blackstock, Supervisor - Staunton River District
SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
g. Application for Music Festival Permit (Staff Contact: Kaylyn M. McCluster)
Mrs. McCluster stated that Chapter 10 of the Pittsylvania County Code, attached, requires the
person promoting or conducting any music or entertainment festival to obtain a special
entertainment permit for said festival. Mr. Chuck Eskey submitted his application to hold a
classic rock music festival September 27, 2019 - September 29, 2019, at the White Oak
Mountain Amphitheater. County Staff recommended the Board approve Mr. Eskey’s Music
Festival Permit.
Motion to approve Mr. Eskey’s Music Festival Permit.
7.a.b
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Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District
SECONDER: Ronald S. Scearce, Supervisor - Westover District
AYES: Davis, Barber, Blackstock, Farmer, Scearce, Warren
ABSENT: Miller
APPOINTMENTS
MATTERS FROM WORK SESSION (IF ANY)
BOARD MEMBER REPORTS
Mr. Scearce stated that he attended the VIR fundraiser “Racing for Heroes” and the money they
raised is going to a Veteran’s Wellness Center. They will be holding another event in August
and welcomed everyone to come out and participate. Mr. Warren congratulated County
employees on their years of service. Mr. Davis thanked Mr. Shorter, Sheriff Taylor, and the
Honorable Bryan Haskins for being in attendance. He also thanked County Staff for their hard
work.
COUNTY ADMINISTRATOR REPORTS
Mr. Sides stated that he appreciated the Board for thanking County Staff for their work. He
thinks we have a great team and appreciates everyone’s hard work.
ADJOURNMENT
Mr. Davis adjourned the Meeting at 9:01 PM.
7.a.b
Packet Pg. 23 Attachment: 05-14-2019 Business Meeting - DRAFT (1635 : Minutes: May 14, 2019 Work Session and Business Meeting, and June 4, 2019
Legislative Committee
June 4, 2019
Pittsylvania County Board of Supervisors
Legislative Committee
Tuesday, June 4, 2019, Meeting
VIRGINIA: The Legislative Committee of the Pittsylvania County Board of Supervisors
was held on Tuesday, June 4, 2019, in the Main Conference Room of the County Administration
Building in Chatham, Virginia 24531. Ben L. Farmer, Chairman, called the Meeting to Order at 5:00
p.m. The following Committee Members were present:
Ben L. Farmer
Tim R. Barber
Ronald S. Scearce
The following Board of Supervisors Members were also present:
Joe B. Davis
Robert W. Warren
Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney;
Mr. Greg L. Sides, Assistant County Administrator for Planning & Administration; and Mrs. Kaylyn
M. McCluster, Deputy Clerk, were also present.
Approval of Agenda
Motion made by Mr. Scearce, seconded by Mr. Barber, to approve Agenda, which was
unanimously approved.
Mr. Farmer pointed out a letter that was received from the Olde Dominion Agriculture
Foundation. (attached) There was no discussion about the letter, but it will be on the Business
Meeting Agenda on June 18, 2019.
New Business
(a) Review of Proposed Enterprise Zone Amendments
Mr. Rowe was present and stated that the Board made the right decision to table this item at
the May Business Meeting due to citizen concerns. He stated that he had looked into those concerns
and there is enough room to include Hargrave Military Academy into the Enterprise Zone, if the
Board so chooses. There were other businesses that were of concern, but they had not previously
been in the Zones and did not meet the requirements that the Board stated they desired for these
Zones. There was consensus of the Committee to re-advertise with the addition of Hargrave Military
Academy and authorize Staff to notify property owners that will be added. This item will be listed
under the “Unfinished Business” section at the June 18, 2019, Business Meeting.
(b) Review of Proposed Fire and Rescue Ordinance
Mr. Slemp reviewed the proposed Fire and Rescue Ordinance. A lot of the items were
recommended by the study that was conducted. The Ordinance will allow billing of things that are
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currently not in the Code, which will allow the County to recoup expenses incurred for certain illegal
acts. The Ordinance does not require the rescue squads to come under the County for their EMS
billing. It does add the ability to begin billing treating on site, if a patient is treated without being
transported to a hospital. The Ordinance will allow the Fire Departments to bill for their services, if
they choose to do so, and it also allows the County to put a stipulation on large events where they
have to carry some type of EMS or Fire coverage. This allows the local Fire and Rescue Squads to be
informed of large events like that in their areas. Mr. Slemp stated that the Fire and Rescue
Association will be looking at this Ordinance and then he would like for the Ad-hoc Committee to
look at it once more before it is sent back to the full Board for consideration. There was discussion
about the Board being conscious when appointing members, and making sure they were being rotated
fairly due to the many different squads throughout the County. There was consensus of the
Committee to endorse Staff changes, and allow Mr. Slemp to run the Ordinance by the Fire and
Rescue Association and the Ad-Hoc Committee before bringing it back to the Board.
(c) Discussion of Potential Revisions to Dog Control Areas Ordinance
Mr. Hunt stated there have been some concerns raised with the County’s current Dog Control
Area Ordinance. The intent of this Ordinance is being strained and County Staff believes it is very
vague, because there is no actual definition of the Dog Control Area; it is left up to the Petitioner to
define. There were eight (8) revisions that were presented to possibly include in this Ordinance.
Some of these would be to limit the dog control areas to only R-1 zones properties and platted
subdivisions, raising the percentage required to submit the petition from 51% to a higher percentage,
revising the Ordinance to balance equities regarding residents vs. property owners, requiring a
minimum total density and parcels, charging Administrative Fees to consider/process the petitions,
requiring the petitioner to pay County for the Public Hearing Advertisements, and assessing the Dog
Control Area property owners annual fee to offset County Animal Control expenses for policing Dog
Control Areas and creating/installing Dog Control Area signs. There was consensus from the
Committee for Staff to create a revised Running at Large Ordinance and bring it back to the
Committee for review.
(d) Review of Potential Lack of Control of Companion Animal Ordinance
Mr. Hunt stated that there has been previous discussion about putting an Animal Nuisance
Ordinance in place, but the Agriculture Community does not want this to affect them in any way. Mr.
Hunt, Mr. Sides, and Mr. Harris had a conversation about removing the word “nuisance” and only
applying this to dogs and cats. This seemed to be a good compromise that the farming community is
okay with. The intent of this Ordinance is to have something citizens can utilize when they are in
these types of situations and not have to resort to a dog-controlled area. Staff also does not want this
Ordinance to have language that is redundant to other sections of the County Code. There will be a
recap of this item on the June 18, 2019, Work Session, and it will be an action item on the June 18,
2019, Business Meeting Agenda.
(e) Discussion of Proposed PCC Additions Requested by Sheriff
Sheriff Taylor has been researching Ordinances that are available for the County to adopt to
allow fees/fines to be assessed to certain crimes where that money will come back to the locality. In
order for the County to recover these costs, there has to be a local Ordinance adopted. The Code of
Virginia Sections Sheriff Taylor referenced were § 15.2-1716.1, § 15.2-1716.2, § 15.2-1717, § 15.2-
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1717.1, and § 15.2-1719. There was consensus from the Committee to direct Staff to put together an
Ordinance that includes the mentioned items, and potentially including this into the Public Safety
Ordinance.
Adjournment
Mr. Farmer adjourned the Meeting at 6:25 PM.
7.a.c
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June 4, 2019
7.a.c
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: DRT Housing Agreements for Mount Hermon Fire & Rescue and
Chatham Rescue Squad (Staff Contact: Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: June 18, 2019 Item Number: 7.b
Attachment(s): 06-2019 Chatham Rescue Squad Rental Agreement
06-2019 Mount Hermon Volunteer Fire and Rescue Rental Agreement
Reviewed By:
SUMMARY:
Currently, of the three (3) Delta Response Team (“DRT”) ambulances the County contracts, one
(1) is housed in Hurt, one (1) at Chatham Fire Department, and one (1) at Mount Cross Fire and
Rescue. After carefully analyzing call and response date, Christopher C. Slemp, Director of
Public Safety, has determined it is in the County and its citizens’ best interests to move the DRT
ambulance currently housed at Mount Cross Fire & Rescue to Mount Hermon Fire & Rescue,
and move the ambulance currently housed at the Chatham Fire Department to the Chatham
Rescue Squad. Said changes are anticipated to reduce County costs in future DRT contract(s).
Both above-described moves will be effective August 1, 2019, and, for the Board’s review and
consideration, attached are two (2) Rental Agreements formalizing and effectuating said
changes.
FINANCIAL IMPACT AND FUNDING SOURCE:
This move will reduce the cost of future DRT contract(s).
RECOMMENDATION:
County Staff recommends the Board approve the execution of the two (2) attached Rental
Agreements as presented.
MOTION:
“I make a Motion to approve the execution of the two (2) attached Rental Agreements as
presented.”
7.b
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Packet Pg. 29 Attachment: 06-2019 Chatham Rescue Squad Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire & Rescue and
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Packet Pg. 30 Attachment: 06-2019 Chatham Rescue Squad Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire & Rescue and
7.b.a
Packet Pg. 31 Attachment: 06-2019 Chatham Rescue Squad Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire & Rescue and
7.b.a
Packet Pg. 32 Attachment: 06-2019 Chatham Rescue Squad Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire & Rescue and
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Packet Pg. 33 Attachment: 06-2019 Chatham Rescue Squad Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire & Rescue and
7.b.a
Packet Pg. 34 Attachment: 06-2019 Chatham Rescue Squad Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire & Rescue and
RENTAL AGREEMENT
This Rental Agreement (the "Contract") is made effective as of August 1, 2019, by and
between the Pittsylvania County, Virginia (the "County"), a political subdivision of the
Commonwealth of Virginia, whose address is 1 Center Street, P.O. Box 426, Chatham, Virginia
24531, and Mount Hermon Volunteer Fire and Rescue, Inc. ("MHVFR"), a Virginia nonstock
corporation, whose address is 4268 Franklin Turnpike, Danville, Virginia 24540 (individually a
Party;"collectively the"Parties").
I.AGREEMENT
A. MHVFR shall provide housing (consisting of a bedroom and an office space),
twenty-four(24)hours per day,seven(7)days per week,at 4268 Franklin Turnpike,
Danville, Virginia 24540 (the "Property"), for the Delta Response Team ("DRT")
employees providing backup 911 EMS call coverage in the County's legal
boundaries and property.
B. MHVFR shall provide one (1) ALS equipped ambulance (the "Apparatus"), in a
perpetual state of operational readiness, twenty-four (24) hours per day, seven (7)
days per week based at the Property, for use by the DRT Staff on behalf of the
County. "Associated Equipment" shall refer to the necessary equipment required
by the Virginia Department of EMS and all applicable laws, rules, regulations,
codes, etc.
C. The County shall pay,monthly,the sum of one thousand, eight hundred dollars and
no cents ($1800.00) for rent per month for the Property,Apparatus, and Associated
Equipment,and twenty dollars and no cents($20.00)per EMS call answered during
each month, when utilizing the Apparatus. Payment shall be required to be
submitted to MHVFR by the fifth(5th)day ofeach month. Along with the payment,
an itemized list of all calls answered utilizing the Apparatus, shall be submitted for
record keeping purposes.
II. TERMS
A. This Contract shall commence on August 1, 2019, and be in legal effect for a term
oftwelve (12) consecutive calendar months, expiring on August 1, 2020.
B. Unless terminated, this Contract shall automatically renew on the first (1St) day of
September, annually.
C. This Contract may be cancelled, in writing, by either Party with at least sixty(60)
days' written notice to the other Party.
Page 1 of 5
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Packet Pg. 35 Attachment: 06-2019 Mount Hermon Volunteer Fire and Rescue Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire &
D. The County shall be responsible to make repairs to the Property, Apparatus, and
Associated Equipment, if it is adjudicated by a court of competent jurisdiction that
damage to either the Property, Apparatus, or Associated Equipment was the result
of willful misconduct, actual malice, or gross negligence.
E. MHVFR shall be responsible to maintain the Property, Apparatus, and Associated
Equipment in a state of operational readiness, and bear the cost, solely, for any
repair associated with normal operation(s) of the Property, Apparatus, or
Associated Equipment
F. It shall be the sole responsibility of DRT Staff to notify, as soon as possible,
MHVFR of any issues arising with the Property, Apparatus, or Associated
Equipment, so that a reasonable solution can be reached in a timely manner to
minimize the effects on DRT's EMS call response times.
G. Notwithstanding any other provision in this Contract 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 ofthis Contract which
become due or payable during such fiscal year, then this Contract and all the
obligations of the County hereunder shall automatically terminate at the end of the
fiscal year in which such non-appropriation occurs. The County agrees to use its
reasonable efforts to obtain any necessary funding contemplated by this Contract,
on an annual basis.
H. In addition to any and all other rights a Party may have available according to law,
if a Party defaults by failing to substantially perform any provision, term, or
condition of this Contract (including without limitation the failure to make a
monetary payment when due), the other Party may terminate the Contract by
providing written notice to the defaulting Party. This notice shall describe with
sufficient detail the nature of the default. The Party receiving such notice shall have
thirty(30)days from the effective date ofsuch notice to cure the default(s). Unless
waived in writing by a party providing notice, the failure to cure the default(s)
within such time period shall result in the automatic termination of this Contract.
I. If performance of this Contract or any obligation under this Contract is prevented,
restricted, or interfered with by causes beyond either Party's reasonable control
Force Majeure"),and ifthe Party unable to carry out its obligations gives the other
Party prompt written notice ofsuch event,then the obligations ofthe Party invoking
this provision shall be suspended to the extent necessary by such event. The term
Force Majeure shall include, without limitation, acts of God, fire, explosion,
vandalism, storm, or other similar occurrence, orders, or acts of military or civil
authority, or by national emergencies, insurrections,riots, or wars, or strikes, lock-
outs, or work stoppages. The excused Party shall use reasonable efforts under the
circumstances to avoid or remove such causes of non-performance and shall
Page 2 of 5
7.b.b
Packet Pg. 36 Attachment: 06-2019 Mount Hermon Volunteer Fire and Rescue Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire &
proceed to perform with reasonable dispatch whenever such causes are removed or
ceased. An act or omission shall be deemed within the reasonable control of a Party
if committed, omitted, or caused by such Party, or its employees, officers, agents,
or affiliates.
J. The legal venue for any litigation arising out of this Contract shall be the
appropriate Court in the County of Pittsylvania, Virginia.
K. This Contract contains the entire agreement of the Parties, and there are no other
promises or conditions in any other agreement,whether oral or written, concerning
the subject matter of this Contract. This Contract supersedes any prior written or
oral agreements between the Parties.
L. If any provision of this Contract is held to be invalid or unenforceable for any
reason, the remaining provisions will continue to be valid and enforceable. If a
Court finds that any provision of this Contract is invalid or unenforceable, but that
by limiting such provision it would become valid and enforceable, then such
provision will be deemed to be written, construed, and enforced as so limited.
M. This Contract may be modified or amended in writing by mutual agreement of the
Parties, ifthe writing is signed by the Party obligated under the amendment.
N. This Contract shall be construed in accordance with the laws ofthe Commonwealth
of Virginia.
0. Any notice or communication required or permitted under this Contract shall be
sufficiently given if delivered in person or by certified mail, return receipt
requested, to the address set forth in the Contract's opening paragraph, or to such
other address as one (1) Party may have furnished to the other in writing.
P. The failure of either Party to enforce any provision of this Contract shall not be
construed as a waiver or limitation of that Party's right to subsequently enforce and
compel strict compliance with every provision of this Contract.
Q. In any action arising hereunder, or any separate action pertaining to the validity of
this Contract, each Party shall pay its own attorneys' fees, litigation fees, or other
legal expenses.
R. The rule requiring construction or interpretation against the drafter is waived. The
Contract shall be deemed as if it were drafted by both Parties in a mutual effort.
S. This Contract shall inure to the benefit of, and shall bind the heirs, successors, and
assigns of the Parties.
Page 3 of 5
7.b.b
Packet Pg. 37 Attachment: 06-2019 Mount Hermon Volunteer Fire and Rescue Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire &
T. No assignment of MHVFR's rights under this Contract shall be made without the
County's prior written consent, which consent shall not be unreasonably withheld
by the County.
U. MHVFR shall have appropriate insurance, at appropriate levels, on the Property,
the Apparatus, and Associated Equipment at all times during this Contract.
III. LIABILITIES
A. MHVFR shall not bear any liability for the actions, conduct, negligence, or
misconduct of DRT's Staff employees, whether civil or criminal, while operating
on assignment at the Property, or operating any Apparatus owned by MHVFR.
B. MHVFR agrees to indemnify and save harmless the County, its officers, agents,
employees, and volunteers from any and all losses, expenses, costs and claims,
including but not limited to costs of investigation, all reasonable attorneys' fees
whether or not litigation results), and the cost of any appeal, occurring or arising
in connection with MHVFR', its agents', subcontractors', employees', or
volunteers' negligence or wrongful acts or omissions in connection with its
performance of this Contract. Nothing contained in this Contract shall be deemed
to be a waiver of the County's sovereign immunity.
C. Notwithstanding any other provision in this Contract to the contrary, the County
shall bear all costs associated with fuel expense for the Apparatus operated by DRT
in regards to answering 911 calls in the County pursuant to this Contract.
IV. SIGNATURES
Witness the following signatures and seals:
THE REMAINDER OF THIS PAGE LEFTINTENTIONALLY BLANK]
Page 4 of 5
7.b.b
Packet Pg. 38 Attachment: 06-2019 Mount Hermon Volunteer Fire and Rescue Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire &
PITTSYVLANIA COUNTY,VIRGINIA
By: ALIA0r7>
r.r
Name (' - ed): Tab.. i•
Its: a),„..".‘,..) (Adyti\rt.,s ra:tOr"
COMMONWEALTH OF VIRGINIA
COUNTY OFtpankb, :
BE IT REMEMBERED, that before me on this 30"rday of M 2019, appeared
rav d Sncir hex irk ,who acknowledged the signing ofthe fdregoing instrument to be
his voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal,
on the day set forth above.
SX1t,CIAx ,l J .)
conwnK
nwseak of violsNOTPUBLICynopie.
isilAPPROVEDV/ED AS 0 FORM k'C0"" 0"
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
MOUNT HERMON VOLUNTEER FIRE AND RESCUE, INC.
By:
Name Prin d): „ • A
Its: CA+I tw r7 OA
D
COMMONWEALT OF V RGINIA
COUNTY/CITY O
Bi ITEMEMBERED, that before me on this3 lay of m 2019, appeared
JPJ who acknowledged the signing of theegoing instrument to be
his voluntar,act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal,
on t e day set forth above.
4I.A - Hollye Keesee
NOTARY ' B C Commonwealth of Virginia
4, Notary Public
Cc mmission No.767481,0
isG?nntission Expires 016I31120
Page 5 of 5
7.b.b
Packet Pg. 39 Attachment: 06-2019 Mount Hermon Volunteer Fire and Rescue Rental Agreement (1644 : DRT Housing Agreement for Mount Hermon Fire &
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: EMAC Billing Fee Increase Public Hearing Authorization (Staff Contact:
Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: June 18, 2019 Item Number: 7.c
Attachment(s): EMAC 06 03 19
Reviewed By:
SUMMARY:
EMAC recently met and reviewed the County’s EMS billing rates as compared to other
localities. Currently the County’s billing rates are as follows:
BLS $500
ALS 1 $650
ALS 2 $800
Mileage $14
Additionally, County EMS agencies do not currently bill for treatment/no transport and patient
refusals. Insurance companies are now beginning to reimburse for these situations, and it was
EMAC’s recommendation that the County adjust billing rates to allow for these services. After
discussion and review, as evinced by the attached Minutes, EMAC recommended that the
County’s EMS billing rates be increased as follows:
BLS $550
ALS1 $750
ALS2 $950
Treat/No Transport $400
Patient Refusal $75
Mileage $16
FINANCIAL IMPACT AND FUNDING SOURCE:
No County expense. Anticipated annual reimbursement revenue unknown at this time.
RECOMMENDATION:
As required by Pittsylvania County Code § 31-3.1, County Staff recommends the Board
authorize County Staff to advertise for the required Public Hearing to potentially increase the
EMS billing rates as presented.
7.c
Packet Pg. 40
MOTION:
“I make a Motion to authorize County Staff to advertise for the required Public Hearing to
potentially increase the EMS billing rates as presented.”
7.c
Packet Pg. 41
EMAC
Pittsylvania County
4:30 p.m.; June 3, 2019
Main Conference Room
County Administration Building
1 Center Street
Chatham, VA 24531
Agenda
1. Call to order (4:30 pm)
2. Roll Call
3. Old Business
a. EMS billing rates
4. Other Matters
Virginia: The EMAC meeting was called to order by Scottie Adams, Chairman, at 4:30 p.m. on June 3,
2019 in the main conference room of the Pittsylvania County Administration Building at 1 Center Street
in Chatham, Virginia 24531. The following members were present:
Damian Maurakis – Callands Fire and Rescue
Kasey Seay – Blairs Fire and Rescue
Dean Fowler – Pittsylvania County Fire and Rescue Association
Scottie Adams – Cool Branch Rescue Squad
The following staff members were present:
Chris Slemp – Director of Public Safety
Scottie Adams requested a moment of silence at the beginning of the meeting.
7.c.a
Packet Pg. 42 Attachment: EMAC 06 03 19 (1625 : EMAC Billing Fee Increase Public Hearing Authorization (Staff Contact: Christopher C. Slemp))
Old Business
a) EMS Billing Rates
Scottie Adams stated the main purpose to this meeting was to review the current EMS billing
rates and make recommendations (if needed) for new rates.
The current county billing rates are as follows:
BLS $500
ALS $650
ALS 2 $800
Mileage $14/mile
The following localities were reviewed:
Henry County Franklin County DLSC
BLS 550 BLS $500 BLS NE $400
ALS1 $650 ALS1 $650 BLS E $500
ALS 2 $950 ALS 2 $850 ALS NE $550
No Transport $450 Mileage $15 ALS E $650
Mileage $16 No Transport $100
Mileage $10
After review of the rates the following motions and recommendations were made:
Motion by Dean Fowler with second from Damian Maurakis to raise the BLS rate to $550; motion passed
with Dean Fowler, Damian Maurakis, Kasey Seay and Scottie Adams voting “yes”.
Motion by Dean Fowler with second from Kasey Seay to raise the ALS1 rate to $750; motion passed with
Dean Fowler, Damian Maurakis, Kasey Seay and Scottie Adams voting “yes”.
Motion by Kasey Seay with second from Damian Maurakis to raise the ALS2 rate to $950; motion passed
with Dean Fowler, Damian Maurakis, Kasey Seay and Scottie Adams voting “yes”.
Motion by Dean Fowler with second from Kasey Seay to raise the mileage rate to $16 per mile; motion
passed with Dean Fowler, Damian Maurakis, Kasey Seay and Scottie Adams voting “yes”.
Billing for treatment without transport and patient refusals were discussed. Localities are starting to bill
for treatment without transport and patient refusals. Some private insurances pay for these services as
well. If we implement this fee the new ordinance will need to reflect definitions for both items.
7.c.a
Packet Pg. 43 Attachment: EMAC 06 03 19 (1625 : EMAC Billing Fee Increase Public Hearing Authorization (Staff Contact: Christopher C. Slemp))
Motion by Dean Fowler with a second from Kasey Seay to implement a $400 fee for treatment without
transport; motion passed with Dean Fowler, Damian Maurakis, Kasey Seay and Scottie Adams voting
“yes”.
Motion from Damian Maurakis with a second from Dean Fowler to implement a $75 “patient refusal” fee;
motion passed with Dean Fowler, Damian Maurakis, Kasey Seay and Scottie Adams voting “yes”.
Other Matters
a) A meeting is still in need of being set up to look at the EPCR that AIM can provide to us. June
18, 20 or 21 was requested. Chris Slemp will write an executive summary for the Board of
Supervisors to act on at their next meeting.
Meeting adjourned at 5:05 p.m.
7.c.a
Packet Pg. 44 Attachment: EMAC 06 03 19 (1625 : EMAC Billing Fee Increase Public Hearing Authorization (Staff Contact: Christopher C. Slemp))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: EMS Billing Services Contract Approval (Staff Contact: Christopher C.
Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: June 18, 2019 Item Number: 7.d
Attachment(s): EMS Billing Company Tabulation Sheet
RFP 2019-02-04- ER Billing
Reviewed By:
SUMMARY:
Request for Proposal (“RFP”) 2019-02-04 for EMS Billing Services for the Fire and Rescue
Agencies was issued on February 6, 2019. The County received six (6) responses. An
Evaluation Committee comprised of EMAC Representatives and Christopher C. Slemp, Director
of Public Safety, reviewed the responses, and ranked Ambulance Information Management
(“AIM”) and Charge Healthcare as the top two (2).
On May 16, 2019, the Evaluation Committee attended presentations from AIM and Charge
Healthcare. The Evaluation Committee voted unanimously that AIM is the best fit for the four
(4) EMS Agencies that participate in the County’s Billing Program. AIM has met all
requirements of the RFP as issued and has offered a rate at 5.5%. It has been agreed that Fire
and Rescue may add other Rescue Agencies to the Contract at any time
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends that the Board award RFP 2019-02-04 to AIM and authorize the
execution of the contract, pending legal review, with AIM to be the new EMS billing company
for the four (4) EMS Agencies that participate in the County’s Billing Program.
MOTION:
“I make a Motion to award RFP 2019-02-04 to AIM and authorize the execution of the contract,
pending legal review, with AIM to be the new EMS billing company for the four (4) EMS
Agencies that participate in the County’s Billing Program.”
7.d
Packet Pg. 45
EM Billing
Qualifications of the Contractor.This will include the overall
qualifications,experience and expertise of the firm in initiating,
managing and operating a billing system for emergency medical
transport services in compliance with all applicable requirements.
Particular attention will be directed to the Contractor’s record with
respect to compliance with all applicable state and federal laws
and regulations,to the Contractor’s demonstration of ability to
provide “start-up”services and to maintain compliance of the
billing system,and to the responses of any parties provided as
references.
30
Qualifications of staff to be assigned to the Pittsylvania County project 20
Approach and methodology and understanding of the Contractor,
of the County’s service needs, including quality assurance
processes in place or proposed to ensure that complete,
comprehensive and accurate services and reports are provided to
the County. 25
Cost/Fees 25
Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Vendors Slemp Adams Fowler Shelton
AIM 89 90 67 93 339
Life Quest 70 85 64 88 307
AMB 80 76 70 87 313
Emergency Services Support 58 60 42 65 225
Colleton Software 83 75 58 77 293
Change Healthcare 79 100 85 82 346
7.d.a
Packet Pg. 46 Attachment: EMS Billing Company Tabulation Sheet (1626 : EMS Billing Services Contract Approval (Staff
Page 1 of 36
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
Billing for Emergency Transport Services
RFP- 2019-02-04
February 6, 2019
CONTACT: CONNIE GIBSON, PURCHASING MANAGER
(434) 432-7744
CHRIS SLEMP, DIRECTOR OF PUBLIC SAFETY
(434) 432-7939
7.d.b
Packet Pg. 47 Attachment: RFP 2019-02-04- ER Billing (1626 : EMS Billing Services Contract Approval (Staff Contact: Christopher C. Slemp))
Page 2 of 36
Pittsylvania County Board of Supervisors
REQUEST FOR PROPOSALS
(Sealed RFP)
Billing for Emergency Transport Services
Issue Date: February 6, 2019 RFP# 2019-02-04
Title: Billing for Emergency Transport Services and Associated Services
NIGP Commodity Code(s): 94610, 99037
Period of Contract: Three (3) years with up to two (2) one-year renewals.
Sealed Proposals Will Be Received Until 2:00pm, March 12, 2019
All Inquiries for Information Should Be Directed To: Connie Gibson
Purchasing Manager
Phone: (434)434-7744
Email: connie.gibson@pittgov.org
One original and (4) copies and one electronic version of the proposals should be mailed or hand delivered to:
IF PROPOSALS ARE MAILED, SEND DIRECTLY TO THE PURCHASING DEPARTMENT SHOWN ABOVE. IF
PROPOSALS ARE HAND DELIVERED, DELIVER TO: County Administration Building – Connie Gibson – Procurement
Office, 1 Center Street, Chatham, VA 24531.
All questions regarding this RFP must be made in writing. The written questions must be received by the County no
later than 10:00 a.m., Tuesday, February 21, 2019. Questions may be faxed to (434) 432-7746 or emailed to
Connie.gibson@pittgov.org. All responses to the questions will be posted on Pittsylvania County website:
www.pittsylvaniacountyva.gov by 10:00am, February 21,2018. The offeror has the sole responsibility to go to the
website and receive the responses or by contacting Connie Gibson requesting they be emailed. The responses will be
an addendum to the RFP. All such responses by the County shall become part of the RFP.
In compliance with this Request for Proposals and to all the conditions imposed therein, the undersigned offers and agrees To
furnish the goods/services indicated in the Offeror’s proposal.
Name and Address of Firm:
_____________________________________________ Date: ________________________________________
_____________________________________________ By: _________________________________________
(Signature in Ink)
_____________________________________________
__________________________Zip Code:___________ Name: ________________________________________
(Please Print)
FEI/FIN NO.__________________________________
Fax Number: (___) ____________________________ Title: _________________________________________
E-mail Address: _______________________________ Telephone Number: (___)_________________________
This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or
against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law
relating to discrimination in employment.
7.d.b
Packet Pg. 48 Attachment: RFP 2019-02-04- ER Billing (1626 : EMS Billing Services Contract Approval (Staff Contact: Christopher C. Slemp))
Page 3 of 36
I. GENERAL INFORMATION
1. Pittsylvania County is soliciting proposals from qualified offerors to provide all services, software and
licenses, supervision, labor, equipment, products and materials necessary to provide the County with a fully
comprehensive and automated medical transport services billing and collection system hosted by the
Contractor, including technical and administrative services support, secure transmission and secure
accessibility of data as needed by the County, in compliance with all federal, state and local laws and
regulations.
2. The County’s emergency system provides fire, pre-hospital emergency medical, and limited specialty services.
The proposed Contract is intended to support the operations, functions and activities of the operational and
management staff of the County in the initiation, use, analysis and maintenance of patient accounts for the
purpose of billing for services. Bills and documentation shall be provided to the patient, responsible party
and/or insurance provider. There will be four (4) agencies using this service. Pittsylvania County may add
other agencies when needed.
3. Services shall meet the highest standards for accuracy and completeness, and services shall be the most
economical and the most expeditious practicable. Services shall be provided efficiently and, in a manner,
consistent with requirements of patients, responsible parties, insurance providers, and the County. The
Contractor shall perform all activities, and provide all services and deliverables under the general direction and
guidance of the EMS Ambulance Committee. The Contractor shall provide a plan, including time of initiation
of billing, for provision of services, which shall be described in the proposal, and shall change the plan, subject
to approval of the County, throughout the term of the Contract, to conform to the requirements of the County,
insurance providers and regulatory agencies, as necessary, to maintain the required quality of services. All
services shall be performed in compliance with all applicable federal, state and local laws and regulations,
including, but not limited to, the requirements of the Social Security Act, the Fair Debt Collection Act and the
Health Insurance Portability and Accountability Act (HIPAA). The Contractor shall be responsible for
obtaining any necessary approvals for rates from insurance providers.
4. The County’s designee will serve as the liaison between the Contractor and the County, including their
departments, agencies, committees, boards, staff and volunteers.
5. It is the County’s desire to begin billing around July1, 2019. It is anticipated that the County will have
approximately 8,000 transports for all the agencies in the County for the calendar year 2019, but only four (4)
agencies will be using this contract at this time. The volume of transports is not guaranteed in any way. The
County operates a fully volunteer emergency services delivery system.
II. PURPOSE
The County requests competitive negotiable proposals for professional emergency services billing and
collection (revenue recovery) services. These services will assist the County in implementing a “fee for
service” program through ambulance billing, subscription management and collection services.
III. BACKGROUND
At 982 square miles, Pittsylvania County, Virginia is the largest county in Virginia and serves a population
base of approximately 65,000 residents. The County is a rural/suburban area with an agricultural base and
some light industry. Fire and emergency medical services in Pittsylvania County are provided by a totally
volunteer system of approximately 400 personnel. The volunteer’s staff twenty-one fire stations and thirteen
rescue squads. Nine of the twenty-one fire stations provide EMS transport services and six provide First
Responder services. Three additional rescue squads in adjacent localities provide coverage to parts of the
County. All agencies are dispatched through a central Enhanced 911 system located in Chatham, VA. The
most recent response data indicates approximately 8,000 transports annually. Several emergency service
7.d.b
Packet Pg. 49 Attachment: RFP 2019-02-04- ER Billing (1626 : EMS Billing Services Contract Approval (Staff Contact: Christopher C. Slemp))
Page 4 of 36
provider agencies are billing independently of Pittsylvania County and therefore the number of transports
provided by participating agencies included in this RFP will be less than the total. Emergency Medical
Services are regulated by the Virginia Office of EMS (12 VAC 5-31) and in accordance with local codes.
Pittsylvania County uses Imagine Trend for our patient care reporting. See attachment A for a breakdown of
billable transport, gross charges, actual cash reimbursement and other pertinent information.
IV. SCOPE OF SERVICES
The Contractor shall be responsible for providing and hosting a comprehensive billing and collection system in
compliance with all requirements of Medicare, Medicaid, CHAMPUS, other governmental insurance programs
and commercial insurance companies (collectively referred to as insurance providers).
Note: If the Contractor wishes to use alternative procedures or methods of service delivery and pricing which
would result in more cost effective or otherwise advantageous provision of services, than those set out in this
Scope, the Contractor should describe and identify those alternates in the proposal in addition to what has been
requested. The County may consider alternate methods in the process of review of proposals and Contract
negotiation. Any alternate methods of service delivery agreed upon by the County shall be detailed in the
resulting Contract. Otherwise, all mandatory provisions of this RFP, including this scope, shall govern service
delivery and performance by the Contractor.
A. Medical Billing and Services
1.1 Preparation for Billing. The Contractor shall obtain all approvals and reviews by insurance providers,
including government entities, Medicare, Medicaid, Black Lung, and any other insurance companies
that require a partnership along with obtaining the National Provider Identifier (NPI) designation,
which are necessary for the purpose of establishing fee amounts. The Contractor shall advise the
County of any measures, including those relating to arrangements with volunteer service providers,
which are necessary prior to initiation of billing, and shall perform all necessary pre-billing functions,
including the training described below. In addition to gaining approval the Contractor agrees to
mutually sponsor numerous educational sessions, set by the County, for community education of the
revenue recovery process.
1.2 Pre-hospital Patient Care Report (PPCR) Processing
The Contractor shall provide all labor, material and equipment, to gather all essential information for
generating and processing all PPCR’s relating to transport services. The Contractor shall provide
appropriate training, by qualified instructors, including training materials, to ensure that all personnel
designated by the County who are involved in the billing process, have the necessary skills,
knowledge and abilities to prepare the PPCR accurately and in compliance with all requirements. The
training shall be provided at mutually agreeable times, and on multiple dates, in order to accommodate
all staff and volunteers. The County will provide facilities and office supplies for the training. All
training shall be conducted at a location designated by County. The Contractor shall coordinate
training dates and times with the EMS Ambulance Committee. The Contractor shall be responsible
for providing the County with the latest changes and modifications of the PPCR format and
requirements, as required by the applicable insurance providers or as mandated by state and federal
regulations and for providing training throughout the term of the resulting Contract, for new personnel,
for personnel needing retraining, and in the event of changes in requirements, forms or procedures.
The Contractor shall have software that is compatible with any software program currently in use by
the County.
1.3 Proper Patient Care/Medical Necessity Documentation
The Contractor shall ensure to the greatest extent possible proper documentation of medical care
rendered and medical necessity for all PPCR’s. The Contractor, no less than quarterly, shall be
responsible for providing written reports to the County on accuracy and efficiency, shall identify areas
where the Providers can improve documentation, and shall make recommendations as to methods of
7.d.b
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Page 5 of 36
improvement. The Contractor shall also ensure that all patients are provided necessary notices of their
rights and responsibilities under applicable laws (e.g., Notice to Beneficiaries with respect to Medicare
patients).
1.4 Verification and Missing Information Follow-up
The Contractor shall provide all labor, materials and equipment for verification of PPCR information
and collection of any field data. The Contractor shall gather missing patient information by, but not
limited to; searching the insurance provider’s databases for previous patient information if and as
permitted; searching the Contractor’s billing database; contacting the medical facility; or by direct
patient, family member or responsible party contact. When contact is made with the appropriate party,
the Contractor shall verify and correct all patient information.
1.5 Data Entry and Claim Submission
The Contractor is solely responsible for all data entry functions. The Contractor data entry personnel
shall perform these functions and shall provide for accessibility by the County to the database.
Functions performed at the data entry level shall include:
• Automatic/demand claims processing with second request filing.
• Validation and editing of all data fields that are applicable to, but not limited to, the following
insurance claim forms:
• Anthem
• Medicare
• Medicaid
• Tri-care
• CMS forms for all commercial insurance carriers
• Electronic Claims filing to the following:
• Blue Cross and Blue Shield
• Medicare
• Medicaid
• Southern Health
• Other applicable carriers including commercial insurance carriers
• Electronic Medicare and Medicaid remittance payment posting.
1.6 Customer Service
The Contractor shall designate trained, properly qualified customer service representatives who shall
provide patient account information, at a minimum Monday through Friday 8:30 AM through 5:00 PM
prevailing time, excluding all locality holidays. The Contractor shall assure that calls are answered
within a reasonable timeframe, consistent with any specific Contract provisions. The Contractor shall
provide either a local telephone number or a toll-free telephone number so that customers can contact
the Contractor for questions/concerns.
1.7 Privacy; Accounts Receivable and Transaction Posting
During contract negotiations a mutually agreeable method will be established and will be incorporated
in the resulting contract, for receiving and posting payments. Total payments will be provided to the
County without withholding of the Contractor’s fees or expenses. All data entry and posting of
payments shall be accomplished by the Contractor. Any judicial process, legal documents, or
inquiries other than those from patients or insurers are to be referred to each Locality.
a) The Contractor, at a minimum, shall maintain the following information in an electronic
7.d.b
Packet Pg. 51 Attachment: RFP 2019-02-04- ER Billing (1626 : EMS Billing Services Contract Approval (Staff Contact: Christopher C. Slemp))
Page 6 of 36
format for inquiry into patient accounts. The Contractor shall take all actions necessary to
provide for secure accessibility to its database, by authorized Locality personnel. The
Contractor shall provide electronic media including all raw data and the following information
available to the County by query:
1. The patient’s account receivable report including:
• User defined data range
• Beginning and ending accounts receivable balance by summary
• Charges
• Payments by responsible parties
• Adjustments
• Net total
• Incident number for received monies per transaction
2. A revenue analysis report which shall provide current month and YTD collection
information for each responsible party.
3. A payment analysis report by responsible party which details reimbursement history
by procedure and/or by patient account.
4. An insurance follow-up written report by individual carrier for any outstanding and/or
pending patient claims.
5. The Contractor’s database shall allow printing of all files in either alphabetic or
numeric order.
6. The Contractor’s database shall allow printing of reports by query by designated
employees through locality operated personal computers connected to the Contractor’s
database system.
b) The Contractor shall be responsible for posting to each patient account, payments, adjustments,
refunds/credits and re-submission of insurance provider claims. The Contractor shall be
required to correct all patient information when patient information is found to be incorrect.
The Contractor shall provide secure electronic access to its database for the County’s
authorized personnel to access the data listed above, and the following patient information:
Patient account inquiry of all data entry, charges for services provider, accounts
receivable postings, payments refunds/credits and any account adjustments, including,
but not limited to the following:
• Ability to “print” the computer screen displaying patient information
• Ability to “line item” access all patient accounts, account histories, including, but
not limited to, payments, refunds/credits, adjustments and re-submissions of
provider claims
• Ability to attach incident number of the incident with the monies received on this
account.
c) Printed reports of the information detailed above shall be provided by the Contractor, upon
Localities’ request.
1.8 Rejection Follow-up
The Contractor shall be responsible for the follow-up on each claim rejected by an insurance provider.
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The Contractor shall be responsible for contacting insurance providers by telephone, mail, email or
facsimile in order to resolve each rejected claim. The Contractor shall be responsible for furnishing
insurance providers to the greatest extent possible with all requested patient information, medical
information, and medical documentation including the re-submission of the rejected claim. The
Contractor shall prepare and deliver to the County a written report for all rejected claims detailing the
reason for rejection and shall provide documentation on each claim resubmitted, all on a weekly basis,
or as otherwise required by the County. This written report shall have reference to the incident
numbers of the claims in question.
1.9 Patient, Commercial, Entitlement Follow-up
The Contractor shall be responsible for regular follow-up on unpaid patient accounts older than thirty
(30) days to ascertain the accuracy and availability of insurance information. The Contractor shall
generate and mail a statement of account to patients, responsible parties and/or insurance carriers no
later than thirty (30) calendar days after the original date of service. The Contractor shall send a pre-
collection notice in accordance with a County-approved sample notice, to any patients with accounts
unpaid for a period in excess of sixty days. The Contractor shall send a final written notice for
collection in accordance with a County-approved sample notice, to all patients with accounts unpaid
for a period in excess of ninety days. In all cases the Contractor shall be responsible for preparing and
mailing all invoices and overdue notices. All notices, invoices and letters must be in a form approved
by the County and must comply with the provisions of the Fair Debt Collection Act, regulations
relating to Medicare and Medicaid and any other applicable laws and regulations. Any collection
efforts undertaken by the Contractor must be conducted in compliance with all applicable laws and
regulations. The Contractor shall not harass or threaten persons during the collection process and will
assure that only reasonable methods are used in the collection process. The Localities may terminate
the Contract if the County determines that improper collection methods have been used, or that
treatment of debtors is inappropriate.
1.10 Billing Process
The Contractor shall provide a secure automated electronic billing system. The software system shall
be divided into three segments for discussion and clarification: the Front-End Billing, the Middle
Billing and the Back-End Billing Process. Descriptions of the processes contained in this RFP do not
supercede any regulatory requirements in effect at the time of billing, and shall be modified as
necessary, with notice to the County, to maintain compliance.
a. The Contractor shall provide all responsible parties with an automatic or on-demand
invoice. Invoice processing shall include four (4) billing cycles. The billing cycle
shall include two (2) patient invoices [one {1} at ten working days, one {1} at thirty
calendar days from the date of service], one (1) collection/past due letter sent at sixty
(60) calendar days after the date of service, and one (1) final notice for collection sent
at ninety (90) calendar days after the date of service.
b. The County must be able to query all patient accounts by responsible parties, address,
patient’s social security number and the patient’s insurance information. Both the
Contractor and the County shall have the ability to update/correct patient information.
c. Claims shall be filed with all insurance providers for all emergency transports. The
patient will be responsible for amounts not covered by insurance as allowed by
applicable law. All patients with insurance will be notified that a claim has been filed.
Subsequent bills shall be mailed to the patient advising of the amount paid by
insurance and requesting payment of any co-pay, deductible or balance as applicable.
Patients without insurance will be billed directly for the total amount due for services
rendered. Persons who are tax paying citizens of the County will be treated under the
Office of Inspector Generals’ Ruling. All others will be treated under a
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compassionate billing policy.
d. The Contractor shall describe in its proposal the procedure for handling complaints
and inquiries from patients regarding the billing process, and for collection of
delinquent accounts. Account settlements shall be negotiated only after authorization
from a designated County representative. Any requests to write-off or adjust a bill
must be forwarded to designated County representative. If a patient indicates they are
receiving financial assistance (e.g., aid to dependent children, unemployment
compensation), the Contractor shall mail a “Release of Information” form to the
patient for signature so that necessary information can be obtained to assist in the
indigency determination. The County on a case-by-case basis according to pre-
established criteria will determine indigence and ability to pay. The Contractor shall
not be authorized to write-off or adjust patient accounts. During the pendency of the
County’s determination of inability to pay, no further billing or collection activity
shall be pursued.
e. The Contractor shall make arrangements with the County’s software vendors for
exchange of all data, and shall make data available in either secure electronic or paper
form as required by the County.
1.11 Front-End Billing Process
The County will provide to the Contractor completed PPCR’s with all available medical
documentation and patient information at the time of patient care or as soon as possible thereafter.
The completed copy of the PPCR will be delivered to the Contractor electronically, by paper, or as
determined necessary by the County. The Contractor shall be responsible for all pre-billing review,
verification for proper documentation, insurance information, appropriate patient signatures and data
entry from the PPCR. The Contractor-provided collection and billing software system shall provide
any of the aforementioned items that are missing, if available in the database. The Contractor shall
remain responsible and is required to perform all required research and incorporate all required
information into the PPCR to the greatest extent possible. The Contractor shall provide the required
information from the PPCR to the appropriate parties in both electronic and printed media as required.
1.12 Middle Billing Process
The Contractor shall receive and keep on file an Explanation of Benefits (EOB) and all documents
associated with the billing process. This includes documentation of all insurance providers. The
Contractor shall immediately post payments to the appropriate patient accounts, updating insurance
information on individual patient accounts, insurance claim processing and general patient account
notations. The Contractor shall respond to all inquiries and resolve responsible party denials and
rejections. The Contractor shall contact the appropriate responsible party for the resolution, correction
and re-submission of any patient billing. If the bill can be handled verbally, the billing record shall be
amended and the bill submitted for payment to the responsible party. If the responsible party requires
re-submission of the billing, the Contractor shall amend the billing information and resubmit the
billing to the appropriate responsible party for processing. In the event the billing is denied for any
reason, except failure to bill in a timely fashion, the bill will become the financial responsibility of the
patient or responsible party and billed accordingly. If failure to bill in a timely manner is caused by
the Contractor, and causes a claim to be rejected by an insurance provider, the Contractor shall pay the
amount of the bill and any administrative costs resulting from the patient’s account. The Contractor
shall be responsible for all responsible party mail and correspondence returned or rejected by the
postal services. The Contractor shall research, correct, and resubmit all mail and correspondence to
the proper responsible party in the event of returned or rejected mailings. The Contractor shall also
provide all required office supplies and postage.
1.13 Back-End Billing Process
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The Contractor shall be responsible for mailing all written notices to the responsible parties in
accordance with the procedures and requirements set forth above. The Contractor shall contact the
responsible parties at minimum intervals of thirty (30), sixty (60) and ninety (90) calendar days after
the date of provision of services. The Contractor shall provide reports to the County, of all accounts
remaining unpaid sorted by length of delinquency, upon request. The County will review all
delinquencies and determine which billings will be the subject of further collection action. The
Contractor shall provide all information required by the County for collection, including responsible
party information, and shall cooperate with the County as necessary in the collection process.
Initially Pittsylvania County is not planning on utilizing a subscription program, but may want to
discuss that option at a later date.
1.14 Patient Refunds
The Contractor shall prepare and deliver to the County a report of all billings, which reflect an
overpayment, at intervals prescribed by the County. During the contract negotiations a mutually
agreeable method will be established and will be incorporated into the resulting contract, for
processing refunds. The Contractor shall not knowingly bill parties for an amount they are not legally
obligated to pay.
B. Statistical Reporting
The Contractor shall provide secure access to statistical reports by methods prescribed by the Localities. The
Contractor shall provide the Localities access to the Contractor’s billing information system at a minimum of:
Monday through Friday, 8:00 AM through 6:00 PM prevailing local time. The statistical reports shall include
raw data and the following:
• Incidents by type of call
• Incidents by chief complaint
• Incidents by response unit
• Incidents by planning district
• Incidents by zip code
• Total incidents by city and state of residence
• Response by age group
• Response by day of the week
• Response by transport type
• Response by level of care
• Response by pulse on arrival at a destination
• Cardiac arrest resuscitation
• Average en-route time by response unit
• Average time on a scene by response unit
• Mutual aid responses by the agencies to other localities
• Number of responses
• Average en-route time
• Average arrival time
• Average on scene time
• Average committed time
• Average time at hospital
• By technician, procedures IV attempts and failures
• By technician, drugs administered
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• By technician, procedures performed, attempts and starts
• Specialized (CUSTOM) reports upon request in a timely fashion
• Complete responsible party billing information
C. Contractor’s Fees - Fixed Percentages Rate of Services
All Offerors, as part of their Proposal, will specify a fixed percentage rate of revenues received by the County
as a direct result of the Contractor’s services for the purpose of determining the Contractor’s fees. The fee will
be paid on a monthly basis and will be based on all net sums (gross receipts less refunds) received from all
responsible parties and insurance providers that are forwarded to the County for deposit. Accounts turned over
to the County for additional collection efforts as deemed appropriate will not be included in determining the
Contractor’s fee.
V. PROPOSAL PREPARATION
Proposals shall address the items included in the Scope of Services and the Criteria for Proposal Evaluation.
Proposals should be prepared simply and economically, providing straightforward and concise responses to requests
for information and descriptions of qualifications and capabilities. Each copy of the proposal should be bound with all
documentation in a single volume where practical.
Proposals shall be signed by an authorized representative of the Contractor. All information requested should be
submitted. Failure to submit all information requested may result in the County, requiring prompt submission of
missing information and/or giving a lowered evaluation of the proposal. Mandatory requirements are those required
by law or regulation or are such that they cannot be waived and or not subject to negotiation.
Contractors should organize their proposals using the format described below and provide six (6) copies:
1. Title Sheet
Furnish the information requested on the REQUEST FOR PROPOSALS TITLE PAGE (page 2) of this
solicitation and include as the first page of your proposal response. The name stated on the Title Sheet must
be the full legal name of the Contractor and the address must be that of the office which will have the
responsibility for the services provided. Contractors shall specify in the introductory cover sheet the
section(s) containing trade secrets or proprietary information.
2. Company Profile
The profile shall include the address of the Contractor’s headquarters; location of the office that will manage
the Pittsylvania County contract; size; information relating to financial stability and organizational structure;
years in business; number of full-time employees, and other information the Contractor deems relevant to the
ability of the Contractor to provide the needed services.
3. Project Approach/Methodology
Provide a narrative fully and completely describing the billing system proposed, the approach and
methodology proposed by the Contractor in providing these services, including “start-up” tasks preparatory to
billing. Detailed process flow charts fully outlining all steps, milestones, approval points, meetings, etc. are
preferable. Also, provide a narrative demonstrating the Contractor’s full understanding of all the services and
tasks required to successfully administer this Contract. The proposal shall include the following:
A. Standards for customer service, including timing of telephone and email responses to inquiries;
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B. Proposed processes for receipt, transmission and deposit of patient payments;
C. Methods of securing data and for providing secure access to data including patient information and
statistical reports;
D. Proposed process for making refunds;
E. Schedule of all tasks required to initiate billing;
F. Any software proposed for use in the billing system, including software proposed for Locality use, and
any associated licensing and maintenance agreements.
4. Experience of the Contractor and the Project Team
Include a brief statement of the Contractor’s experience in providing the services described in the Scope of
Services. If subcontractors and special consultants will be used, they should be identified and their
qualifications included in the proposal response. Include experience of key individuals assigned to this
project, emphasizing their experience in working with similar projects and local governments. List key
professional staff to be assigned work under the contract and describe their experience as project team
members. Include only experience directly related to assigned duties under the proposed project. List team
members’ names, titles, project title, brief project description, year completed and name, address, and phone
number of the client. Include resumes of key personnel and subcontractors.
5. References
Provide three references for which similar services have been provided and dates when the service was
provided. The references should be for contracts similar in size and scope to Pittsylvania County, these
references will preferably be located in the Commonwealth of Virginia. Include client name, address,
telephone number, description of type of services performed, and person the County may contact. The County
may not review the references of all Contractors. Typically, only references of the firms that are “short listed”
are contacted. The County reserves the right to contact references other than, and/or in addition to, those
furnished by the Contractor.
6. Cost of Services
Provide a complete, detailed and itemized description of all the fees, charges and costs associated with the
services to be provided, including the cost of all license and maintenance fees.
7. Insurance
The Contractor shall provide details as to all insurance coverage relevant to this project. The Contractor shall
be required to maintain in force such insurance, in amounts and with coverage acceptable to the County, as
will protect itself and the County from claims which may arise out of or result from the execution of the work,
whether such execution be by himself, his employees, agents, subcontractors or by anyone for whose acts any
of them may be liable. This coverage should include, at a minimum, Worker's Compensation & Employers'
Liability, General Liability (including premises/operations, independent contractors, products and completed
operations, contractual liability and personal injury liability) and Automobile Liability. All insurance shall be
provided by companies authorized to conduct business in the Commonwealth. The Contractor shall furnish
the County with an original Certificate of Insurance upon request. The Certificate shall name the County as
additional insured. The Contractor shall notify the County at least 30 days prior to policy cancellation, non-
renewal or reduction of coverage.
8. Other Information
8.1 Include other relevant information the Contractor deems necessary or relevant to providing the
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services needed to successfully complete the Scope of Services or which are relevant to its selection.
8.2 Based on the information provided in this Request for Proposals, the Contractor shall identify what
will be expected from the County over and above general assistance.
9. Submission
One original and (4) copies and one electronic version of the proposals should be mailed or hand delivered
to:
Pittsylvania County
Connie Gibson, Procurement Manager
1 Center Street
P.O. Box 426
Chatham, VA 24531
All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed
Proposal - RFP #20190204, “BILLING FOR EMERGENCY TRANSPORT SERVICES. Proposals not
so marked or sealed shall be returned to the offeror and will not be considered.
VI. CRITERIA FOR PROPOSAL EVALUATION
Criteria to be utilized in evaluating proposals are:
1. Qualifications of the Contractor. This will include the overall qualifications, experience and expertise of the
firm in initiating, managing and operating a billing system for emergency medical transport services in
compliance with all applicable requirements. Particular attention will be directed to the Contractor’s record
with respect to compliance with all applicable state and federal laws and regulations, to the Contractor’s
demonstration of ability to provide “start-up” services and to maintain compliance of the billing system, and to
the responses of any parties provided as references. (30 points)
2. Qualifications of staff to be assigned to the Pittsylvania County project. (20 points)
3. Approach and methodology and understanding of the Contractor, of the County’s service needs, including
quality assurance processes in place or proposed to ensure that complete, comprehensive and accurate services
and reports are provided to the County. (25 points)
4. Cost/Fees (25 points)
VII. METHOD OF AWARD
A Selection Committee shall review the proposals submitted. After each proposal has been evaluated on the basis of
the Vendor’s approach to meet the County’s needs, short listing procedures will narrow the list of candidates to the two
or more best qualified firms. Those firms will be invited to an interview at which time each firm will be expected to
conduct a presentation on their proposal and to answer questions of the Selection Committee. Price shall be
considered, but need not be the sole determining factor.
Negotiations shall then be conducted beginning with the firm 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.
The County reserves the right to reject any or all proposals submitted, and to waive any informality in the proposals.
The right is also reserved to award the contract where it appears to be in the best interest of the County.
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The County reserves the right to revise or amend this RFP prior to the date set for receipt of the proposals. The date
set for receipt of proposals may be changed if deemed necessary by the County. Any revisions and/or amendments
will be in the form of an addendum to this RFP.
A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.
VIII. CONTRACT RENEWAL AND TERMINATION
1. The Contractor to whom the contract is awarded shall, within 15 days after prescribed documents are
presented for signature, execute and deliver to the County the Contract Documents and any other forms such
as insurance or bonds required by the Request for Proposal. Otherwise, the County may award the next
highest rated Contractor.
2. The initial term of this contract shall be for three (3) years from date of contract award, annually renewable,
with the option to renew for two additional one-year periods, upon mutual consent of the parties to the
contract. Prices shall remain firm for the initial term (3 years) of the contract.
A. For future contract periods, price increases shall be limited to the percentage increase in the Consumer
Price Index, Urban Wage Earners and Clerical Workers (CPI-W), U. S. City Average. All items for the
most recently published twelve months as published by the U. S. Department of Labor, Bureau of
Labor Statistics. The base price to which any adjustments will be made shall be the prices in effect
during the contract term prior to the proposed term.
B. In addition to the termination rights of the County described below, the Contractor may terminate the
resulting Contract, within 60 days written notice to the County.
The County will:
• Provide the Contractor all information in possession of the County which is relevant and relates
to the County’s requirements for the project.
• Designate a person(s) to act as the County’s representative with respect to the work to be
performed under this Contract. Such person(s) will have the authority to transmit instructions,
receive information, interpret and define the County’s policies and decisions.
C. If funds are not appropriated for the resultant contract for any fiscal year, the contract shall terminate
automatically, without prior notice, after the last day for which funds were appropriated. Contract
termination pursuant to this section shall not be considered contract default, and the County shall not be
liable for future payments or for cancellation or termination charges.
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PURCHASING DEPARTMENT
I. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS
1. Reservation of County Rights:
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.
(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.
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(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.
3. 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.
7. Evaluation of Bid/Proposal Documents:
If any prospective bidder/offeror is in doubt as to the true meaning of any part of the
specifications or other bid documents, the prospective bidders/offeror shall submit a written request,
within the time frame provided, after receipt of the IFB/RFP to the Central Purchasing Department.
The Central Purchasing Department will have final authority to 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/proposal documents, except as issued in writing by the
Purchasing Manager and/or County Administrator.
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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 sixty
(60) 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 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 sixty (60) days advance written
notice, then the County shall negotiate reasonable termination costs, if applicable.
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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 sixty (60) 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. 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.
14. 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 furnished 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 proposal 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.
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The contents of the proposal submitted by the successful offeror and the proposal
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.
MINIMUM INSURANCE COVERAGES AND LIMITS:
1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more
employees, to include the employer. Contractors who fail to notify the County of increases in the number of employees
that change their workers’ compensation requirements under the Code of Virginia during the course of the contract
shall be in noncompliance with the contract.
2. Employer’s Liability - $100,000.
3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General
Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed
operations coverage. Pittsylvania County shall be added as an additional insured to the policy by an endorsement.
4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the County is
to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third
party owner of such motor vehicle.)
Profession/Service Limits
Accounting $1,000,000 per occurrence, $3,000,000 aggregate
Architecture $2,000,000 per occurrence, $6,000,000 aggregate
Asbestos Design, Inspection or Abatement $1,000,000 per occurrence, $3,000,000 aggregate
Health Care Practitioner (to include Dentists, Licensed Dental
Hygienists, Optometrists, Registered or Licensed
Practical Nurses, Pharmacists, Physicians, Podiatrists,
Chiropractors, Physical Therapists, Physical
Therapist Assistants, Clinical Psychologists,
Clinical Social Workers, Professional Counselors,
Hospitals, or Health Maintenance
Organizations.) $2,150,000 per occurrence, $4,250,000 aggregate
(Limits increase each July 1 through fiscal year 2031per Code of Virginia § 8.01-581.15.)
Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate
Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate
Legal $1,000,000 per occurrence, $5,000,000 aggregate
Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate
Surveying $1,000,000 per occurrence, $1,000,000 aggregate
21. 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
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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.
SPECIAL TERMS AND CONDITIONS
If there is a conflict with the Special Terms and Condition and General Terms and Condition, the Special Terms will
take precedent.
1. Independent Contractor
The Contractor is an independent contractor and nothing contained in the CONTRACT shall constitute or
designate the Contractor or any of its agents or employees as employees of the County.
2. Rejection and Award of Proposals
The County reserve the right to accept or reject any or all proposals, to waive informalities, and to reissue any
Request for Proposals and to award contracts to multiple Contractors if so stated. Any Contract resulting
from this Request for Proposal shall not be exclusive to the successful Contractor unless so stated in the
Request for Proposals.
3. Withdrawal of Proposals
3.1 A Contractor may withdraw its proposal prior to the deadline for submission upon written request and
presentation of proper identification.
3.2 By submitting a proposal response, the Contractor agrees that the proposal response will not be
withdrawn for a period of 90 days following the due date for proposal responses.
4. Ownership of Documents
4.1 All finished or unfinished information or materials, documents, data, studies, surveys, drawings, maps,
models, photographs, and reports or other materials prepared by or for the Contractor under any
resultant contract shall, at the option of the County, become the County’ property and shall be
delivered to and remain the property of the locality upon completion of the work or termination of the
contract. The County shall have the right to use and reproduce the data and reports submitted
hereunder, without additional compensation to the Contractor.
4.2 Any documents or other materials provided to the Contractor by the County shall be returned to the
County upon delivery of the final products and/or services. Any art work, negatives, proofs, or other
materials produced by the Contractor in order to supply the products or services contracted for shall
become the property of the County and shall be sent to the County upon delivery of the final products
and/or services unless otherwise requested by the County. Failure to deliver the art work, negatives,
proofs, or materials shall be cause for withholding any payments due.
5. Licenses and Permits
The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the
proper execution and completion of the work which are legally required prior to and during the work,
including software licenses or other intellectual property permissions, unless otherwise specified by
the County.
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6. Royalty and License Fees And Copyright, Trademark And Patent Protection
7.1 In submitting its proposal response, the Contractor certifies that there has been no violation of
copyrights or patent rights in manufacturing, producing, or selling the commodities or services to be
ordered as a result of this Request.
7.2 Unless specified otherwise in the CONTRACT, the Contractor shall pay all royalty and license fees
relating to the items covered by the contract.
7.3 In the event any third party shall claim that the manufacture, use and sales of these goods offered
hereby constitutes an infringement of any copyright, trademark, or patent, the Contractor shall
indemnify and hold harmless the County from any cost, expense, damage or loss incurred in any
manner by the County on account of such alleged infringement.
7. Contract Changes
Any changes to the CONTRACT must be approved through issuance of a written contract addendum
or change order. The County will not assume responsibility for the cost of any changes made without
issuance of a written contract addendum or change order.
9. Payment for Services
Payments to the Contractor shall be made within 30 days after receipt of an approved invoice, with
invoices submitted no more often than monthly, unless other payment and/or billing terms are
specified in the CONTRACT. Backup documentation for each invoice shall be provided in detail
satisfactory to the County. The Contractor's records and documentation supporting such invoices
shall be made available to the County upon reasonable request. The Contractor agrees to retain all
records, documents and support materials relevant to the CONTRACT for a period of five years
following final payment.
10. Damage to Property
The Contractor shall be responsible for damages to property caused directly or indirectly by its actions
or omissions in performing its work under the CONTRACT. The Contractor shall repair to proper
working order or replace, to the County’s satisfaction, any property damaged directly or indirectly by
its actions or omissions.
11. Compliance With All Requirements
The Contractor shall comply with all applicable federal, state and local laws and regulations. The
Contractor shall give notice as required and comply with all laws, ordinances, rules, regulations, and
lawful orders of any entity having authority over the performance of the work.
12. Legal Proceedings
Any legal proceedings arising out of or related to this agreement shall be filed by the parties in the
courts of Pittsylvania County, Virginia.
13. Additional Services
The County may add to the Scope of Services or make changes in the Scope of Services any services
of a similar nature to those specified in the Scope of Services of this Request for Proposals as mutually
agreed to at a price mutually agreed upon.
14. Subcontracting And Assignment Of Work
The Contractor shall not subcontract or assign the CONTRACT, in whole or in part, other than that
specifically stated in the CONTRACT, without the express written consent of the County. A
description of any work the Contractor proposes to subcontract shall be submitted to the County for
review and approval along with the name and address of the individual, firm, or corporation that is the
proposed subcontractor. This submittal shall also include a list of the key personnel that the
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subcontractor will assign to the project. All work performed by any subcontractor shall be coordinated
by the Contractor and the Contractor will be responsible to the County for all work performed by any
subcontractor or special consultant.
15. Notification
Any notice required by the contract shall be effective if given by registered mail, return receipt
requested, to the Contractor in the name and at the address given in its proposal submission; provided
that change of address shall be effective if given in accordance with this paragraph.
The Contractor agrees to notify the County immediately of any change of legal status or of address.
Any notice provided in accordance with this paragraph shall be deemed to have been completed five
calendar days after the date of mailing.
16. Severability
Each paragraph and provision of the resultant contract will be severable from the entire agreement and
if any provision is declared invalid, the remaining provisions shall remain in effect.
17. Payments To Contractors
In accordance with Virginia Code Section 2.2-4301, the Contractor agrees that:
21.1 Should any subcontractor be employed by the Contractor for the provision of any goods or services
under this contract, the Contractor agrees to the following:
(a) The Contractor shall, within seven days after receipt of any payments from the County
pursuant to this contract, either:
(1) Pay the subcontractor for the proportionate share of the total payment received from
the County attributable to the goods or services provided by the subcontractor; or
(2) Notify the County, as applicable, and the subcontractor, in writing, of the intention to
withhold all or a part of the subcontractor's payment with the reason for nonpayment.
(b) The Contractor shall pay interest to the subcontractor, at the rate of one percent per month on
all amounts owed to the subcontractor that remain unpaid after seven days following receipt of
payment from the County for goods or services provided under this contract, except for
amounts withheld under subparagraph immediately above.
(c) The Contractor shall include in each of its subcontracts a provision requiring each
subcontractor to include or otherwise be subject to the same payment and interest
requirements with respect to each lower-tier subcontractor.
(d) The Contractor's obligation to pay an interest charge to a subcontractor shall not be an
obligation of the County.
(e) No contract modification shall be allowed for the purpose of providing reimbursement for
these interest charges. No cost reimbursement claim shall include any amount for
reimbursement of these interest charges.
18. Contractual Claims
Contractual claims, whether for money or other relief, shall be submitted in writing to the County no later
than 60 days after final payment; however, written notice of the Contractor's intention to file such claim shall
have been given at the time of the occurrence or beginning of the work upon which the claim is based.
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It shall include a description of the factual basis for the claim and a statement of the amounts claimed or other
relief requested. The County shall render a decision on the claim and shall notify the Contractor within 30
days of receipt of the claim. The Contractor may appeal the decision to the Governing Body by providing
written notice to the County Administrator, within 15 days of the date of the decision. The Governing Body
shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision
shall be final unless the Contractor appeals the decision in accordance with the Virginia Public Procurement
Act. Invoices for all services or goods provided by the Contractor shall be delivered to the County no later
than 30 days following the conclusion of the work or delivery of the goods.
19. Ethics in Public Contracting
19.1 The provisions contained in Virginia Code Sections 2.2-4367 through 2.2-437, the Virginia Public
Procurement Act, shall be applicable to all contracts solicited or entered into by the County. A copy of
these provisions may be obtained from the Purchasing Department upon request.
19.2 The provisions of this article supplement, but do not supersede, other provisions of law including, but not
limited to, the State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Virginia
Code), the Virginia Governmental Frauds Act (Title 18.2, Chapter 12, Article 1.1 of the Virginia Code)
and prohibitions against bribery and related offenses (Title 18.2, Chapter 10, Articles 2 and 3 of the
Virginia Code). The provisions apply notwithstanding the fact that the conduct described may not
constitute a violation of the Virginia Conflict of Interests Act.
20. Audit
20.1 The Contractor shall maintain books, records and documents of all costs and data in support of the
services provided under the resultant contract for a period of not less than three years after the
effective date of final payment or contract termination. During this three year term, the County, or its
authorized representative, shall have unlimited access to, and the right to audit, the books, records and
documents of the Contractor during the Contractor’s normal working hours.
20.2 There shall be no fees or costs charged to the County by the Contractor for any such audit activities.
20.3 The Contractor shall include the audit provisions of this section in all subcontracts and contracts of
any entity providing goods or services pursuant to this contract so as to guarantee the County rights to
audit any person or entity performing work pursuant to the contract, all at no additional cost to the
County. Should the Contractor fail to ensure the County’s rights under this section, the Contractor
shall be liable to the County for all reasonable costs and expenses the County may incur to obtain an
audit or inspection of the records which would have otherwise been available under the provisions of
this section.
21. Financial Statements
21.1 Any entity responding to this solicitation, and the vendor or contractor chosen as a result of this
solicitation, by submission of a response to this solicitation, agrees to provide the County, within 10
calendar days of the County’s request, a copy of its most recent audited financial statement(s) and
those of any of its parent companies and/or subsidiaries having any material influence on the
goods/services provided, or to be provided, under the resultant contract with the County. The financial
statement(s) shall be accompanied by a letter signed by, as applicable to the type of business, a
corporate officer, partner, or owner, stating that the accompanying financial statement(s) is complete
and is the most recent audited financial statement(s) available.
21.2 The financial statement(s) shall be provided at no charge to the County, and the County shall be under
no obligation to return the financial statement(s).
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21.3 The vendor or contractor chosen as a result of this solicitation shall require this same provision to be
included in the contracts of all subcontractors and any other entities providing any services related to
the County’s contract, so as to guarantee the County’s rights to obtain financial statements. Should the
vendor or contractor fail to ensure the County’s rights under this section, the vendor or contractor shall
be liable to the County for all reasonable costs and expenses the County may incur in obtaining
financial statements which would have otherwise been available under the provisions of this section.
29. 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.
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STATEMENT OF DISCLAIMER
RE: ______________________________ (BID OR RFP #)
This is to certify that no employee, official, or elected officer of the County of Pittsylvania has a
proprietary interest in the company, corporation, partnership, or other organization, furnishing the goods
and/or services, or stands to benefit personally from the furnishing of such goods or services as referenced
above.
FIRM: _________________________
BY: _________________________
TITLE: ________________________
Attest:
_____________________________________ ______________________________
Secretary Date
STATE OF ___________________________, To-Wit:
I, the undersigned, a Notary Public in and for the State aforesaid, whose
commission as such will expire on the ___________ day of _______________, 20____,
do hereby certify that _____________________________ whose name(s) is/are signed to
the foregoing statement bearing date of ________________, 20 ____, this day personally
appeared before me in the State aforesaid and acknowledged the same before me.
GIVEN under my hand and seal this _________ day of ____________, 20 ____.
______________________________
Notary Public
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CONTRACTOR ELIGIBILITY CERTIFICATION
This is to certify that this person/firm/corporation has not been barred from
bidding on contracts by any agency of the Commonwealth of Virginia, nor is this
person/firm/corporation a part of any firm/corporation that has been barred from bidding
on contracts by any agency of the Commonwealth of Virginia.
______________________________
Name of Official
______________________________
Title
______________________________
Firm or Corporation
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Town of Hurt Storm Landfill Tipping Fee Waiver Authorization (Staff
Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 18, 2019 Item Number: 7.e
Attachment(s):
Reviewed By:
SUMMARY:
In the past, the Board has authorized the waiver of Landfill Tipping Fees for clean-up related to
significant weather events in the County. Due to the damage throughout the Town of Hurt from
the recent storm on Friday, May 31, 2019, it is anticipated that there a lot of clean-up taking
place.
FINANCIAL IMPACT AND FUNDING SOURCE:
Unknown at this time.
RECOMMENDATION:
County Staff recommends the Board approve the waiver of Landfill Tipping Fees for the storm
related clean-up in the Town of Hurt for a period of thirty (30) days from the date of the storm,
May 31, 2019.
MOTION:
“I make a Motion to approve the waiver of Landfill Tipping Fees for the storm related clean-up
in the Town of Hurt for a period of thirty (30) days from the date of the storm, May 31, 2019.”
7.e
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Childs Deed Acceptance (Staff Contact: J. Vaden Hunt, Esq.)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: June 18, 2019 Item Number: 7.f
Attachment(s): 06-03-2019-Deed of Bargain and Sale-Barbara F. Childs
Reviewed By:
SUMMARY:
Barbara R. Childs (“Childs”) owns Lot 21 (0.63 acres; Parcel ID 2347-79-3926) and Lot 22 (0.83
acres; Parcel ID 2348-70-4045) of the Fowler Subdivision located in the Dan River Magisterial
District, Ringgold Community, of the County. To avoid future real estate taxes, Childs has
agreed to donate the above-referenced Property to the County. For the Board’s review, attached
please find a Deed of Bargain and Sale (“Childs Deed”) effectuating the same.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve the acceptance of the attached Childs Deed.
MOTION:
“I make a Motion to approve the acceptance of the attached Childs Deed.”
7.f
Packet Pg. 84
c -
Exemptfrom Recordation Taxes and Fees under Sections 58.1-822(A) (3), 58J-81!(C) (4J), 58.1-
811(C) (5), 58.1-331S, 42. I-70, 17.1-266 and 17.1-279(E) ofthe Code of Virginia, 1950, as amended.
The existence oftitle insurance is unknown to the Preparer.
This Deed was Pre ared by:
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
1 Center Street
P.O. Box 426
Chatham, Virginia 24531
VSB #: 65574
ParcellDs: 2348-70-4045 & 2347-79-3926
DEED OF BARGAIN AND SALE
T IS DEED OF B . AIN AND SALE is made this day of a _, 2019, by
and between BARBARA F. CHILDS, Grantor, and THE BOARD OF SUPE VIOSRS OF
PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee.
WITNESSETH
THAT for and in consideration of the sum of TEN DOLLARS ($1.00), cash in hand paid,
and other good and valuable consideration, receipt of which is hereby acknowledged and deemed
fully sufficient, Grantor does hereby grant, bargain, sell, and convey, with General Warranty and
English Covenants of title unto Grantee the following property more particularly described as
follows:
All that certain tracts or parcels of land, with improvements thereon, and all
appurtenances thereunto pertaining, lying, and being situated in the Dan River
Magisterial District, Ringgold Community, County of Pittsylvania, Virginia, part
of the Fowler Subdivision, Parcel ID 2347-79-3926, Lot 21, 0.63 acres, and Parcel
ID 2348-70-4045, Lot 22, 0.83 acres, more fully described in Deed Book 699-21
contained in the Pittsylvania County Circuit Court Clerk's Office and as follows:
All of Lots Nos. 21 and 22, as shown on Map contained in Map Book 29, Pgs. 29-
37 in the Pittsylvania County Circuit Court Clerk's Office, and more particularly
described as BEGINNING at a point on the northern side of State Road No. 734,
on the dividing line between Lots Nos. 20 and 21; thence with said dividing line,
N. 34° 46' W. 210 feet to a point; thence N. 55° 14' E. 301.08 feet to a point; thence
S. 34° 46' E. 210 feet to a point on the northern margin of said State Road No. 734;
thence along said margin of said road, S. 55° 14' W. 301.08 feet to the point and
place of beginning.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANKJ
7.f.a
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4
Witness the following signatures and seals:
GRANTOR
y-a.. . C t (SEAL)
Barbara F. Childs
To wit:
STATE OF WASHINGTON
COUNTY/CITY OF _ ,"n
nu,rS% f
I, ..L o,- , a Notary Public in and for the County of
W S^ **•••^, m, do hereby certify Barbara F. Childs, Grantor, signed the foregoing Deed
bearing the date of -a.Z4 of , 2019, and personally appeared before me and
acknowledged the same.
Given under my hand this day of , 2019.
My commission expires: ant,w DZZ
r
is Notary PublicAACHODUKAVICh
Notary Public
State ofWashingtor,
MyAppointment Expires
Jan 12, 2022
7.f.a
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GRANTEE
THE BOARD OF SUPERVISORS OF
PITTSYLVANIA COUNTY, VIRGINIA
SEAL)
Joe B. Davis
Chairman
To wit:
COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA
I , a Notary Public in and for the County ofPittsylvania, Virginia, do hereby certify that Joe B. Davis, Chairman, the Board of Supervisors ofPittsylvaniaCounty, Virginia, signed the foregoing Deed bearing the date of the of
2019, and personally appeared before me and acknowledged the same.
Given under my hand this day of , 2019.
My commission expires:
Notary Public
APPROVED AS TO FORM:
T. l,.
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: County/SPCA Thrift Store MOU Execution Approval Ratification (Staff
Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: June 18, 2019 Item Number: 7.g
Attachment(s): SPCA MOU
Reviewed By:
SUMMARY:
The County and the SPCA of Pittsylvania County, Inc., have been in discussion about ways to
improve the operation and financial sustainability of the Pet Center. One fund raising approach
is a joint effort to operate a Thrift Store within the Pet Center. A Memorandum of
Understanding (“MOU”) has been developed to identify the responsibilities and division of
revenue between the two (2) parties. The SPCA will primarily be responsible for staffing and
marketing, and the County is primarily responsible for providing and maintaining the space, and
setting up collection sites throughout the County. The MOU has been signed by the SPCA
President and the Pet Center Director.
FINANCIAL IMPACT AND FUNDING SOURCE:
The division of financial proceeds from operation of the Thrift Store will be 60% to the County
and 40% to the SPCA. The cost of cleaning and preparing the space for the new Thrift Store will
be covered within the existing Pet Center Budget.
RECOMMENDATION:
The MOU has been jointly negotiated and signed by both involved parties. County Staff
recommends that the Board ratify the MOU at its June 18 Business Meeting.
MOTION:
“I make a Motion that that the Board ratify the Memorandum of Understanding between the
County and the SPCA of Pittsylvania County, Inc., for the joint operation of a Thrift Store at the
Pittsylvania Pet Center.”
7.g
Packet Pg. 88
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF LJNDERSTANDING ("MOU") is hereby made and entered
into by and between the County of Pittsylvania, Virginia (the "County"), a political subdivision of
the Commonwealth of Virginia, and SPCA of Pittsylvania County, Inc., an IRS 501(C)(3)
Corporation (the "SPCA"); (individually "Party;" collectively the "Parties").
A. PURPOSE:
The purpose of this MOU is to outline in reasonable detail the mutual obligations of the
County and the SPCA in regard to the running of a thrift store to be located at the Pittsylvania
County Pet Center (the "Pet Center"), 11880 U.S. Highway 29, Chatham, Virginia 24531 (the
Thrift Store").
The Parties to this MOU hereby agree to be fully legally bound in all aspects to the below
terms and conditions contained in this MOU.
B. THE SPCA SHALL:
Provide staffing for the Thrift Store's operation at the minimum of Thursday
through Saturday.
2. In the event that someone scheduled to work at the Thrift Store is unable to work,
the SPCA shall make a reasonable effort to cover the shift to ensure normal
operation.
3. Maintain the cleanliness ofthe Thrift Store and storage area.
4. Market and promote the Thrift Store as a joint venture between the County and the
SPCA.
5. Provide shelving and as needed, and jointly acquire and/or build shelving as needed
for Thrift Store.
6. Participate in monthly meetings to review Thrift Store progress and review
financial data with the County's Pet Center Director.
7. Agree to provide the County with full indemnity from any and all of its activities
conducted at/on the Thrift Store and full indemnity from any all liability that arises
therefrom.
C. THE COUNTY SHALL:
Repair, clean up, and paint space at the Pet Center to create the Thrift Store.
2. Provide property insurance for the Thrift Store and its contents.
Page 1 of 6
7.g.a
Packet Pg. 89 Attachment: SPCA MOU (1646 : County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact: Gregory L. Sides))
Place sign on U.S. Hwy. 29 to promote Thrift Store.
4. Assist in additional promotion of Thrift Store, including, but not limited to the
following: sending mass emails, using the Pet Center's social media, County's
Facebook Page, and other promotional methods when available and requested.
5. Set up collection sites at County Trash Collection Sites and deliver donated goods
collected therefrom to the Thrift Store storage area for sale in the Thrift Store.
6. Accept donations through the Pet Center on days the Thrift Store is closed.
7. Assist in soliciting volunteers to assist with Thrift Store operations to work under
the SPCA's supervision.
D. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN
THE PARTIES THAT:
1. Agree that all Thrift Store proceeds shall be split sixty percent (60%) to the County
and forty percent (40%) to the SPCA.
2. Agree that proceeds shall include any monetary donations given through the Thrift
Store.
3. VIRGINIA FREEDOM OF INFORMATION ACT ("FOIA". Any information
furnished to the County under this MOU may be subject to FOIA.
4. MODIFICATION. Modifications within the scope of the MOU shall be made by
mutual consent of the Parties, by the issuance ofa written modification, signed and
dated by all Parties, prior to any changes being made.
5. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the
County and/or the SPCA from participating in similar activities with other public
or private agencies, organization, or individuals.
6. PRINCIPAL CONTACTS. The principal contacts for this MOU are:
A. Countv:
James P. McLaughlin
Pet Center Director
County of Pittsylvania, Virginia
11880 US Highway 29
Chatham, Virginia 24531
Page 2 of 6
7.g.a
Packet Pg. 90 Attachment: SPCA MOU (1646 : County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact: Gregory L. Sides))
s
B. SPCA:
Tonya Reynolds
President
SPCA ofPittsylvania County, Inc.
P.O. Box 936
Chatham, Virginia 24531
7. COMMENCEMENT/EXPIRATION DATE/RENEWAL PROVISIONS. This
MOU is executed as ofthe date of the last signature below, and is effective through
June 30, 2020, upon which time the MOU will automatically renew under the same
terms and conditions for a one (1)-year Renewal Term, unless a Party notifies
the other Party in writing within sixty (60) days of the renewal date, to the addressdetailedinSection6oftheMOU, its intention to modify any term(s) of the MOU
and/or its intention to terminate the MOU.
8. GOVERNING LAW VENUE MEDIATION LEGAL FEES/COSTS:
A. Governin Law: This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
B. Venue: 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.
C. Mediation:
1. Good faith mediation shall be a condition precedent to the filing of any
litigation in law or equity by either Party against the other Party relating to this
Agreement. Before the remedies provided for in this Section may be exercised
by either Party, such Party shall give written notice to the other Party that such
Party believes that an event of default or impasse under this Agreement mayhaveoccurred, specifying the circumstances constituting the event ofdefault or
impasse in sufficient detail that the other Party will be fully advised of the nature
ofthe event ofdefault or impasse. The responding Party shall prepare and serve
a written response thereto within ten (10) business days of receipt of such
notice. A meeting shall be held within ten (10) business days after the response
between the Parties to attempt in good faith to negotiate a resolution of the
dispute.
2. If the Parties are unable to resolve the dispute through the above-process,
the Parties shall attempt to resolve the controversy by engaging a single
mediator, experienced in the subject matter, to mediate the dispute. The
mediator shall be mutually selected by the Parties, to the controversy and
conduct mediation at a location to be agreed upon by the Parties or absent
Page 3 of 6
7.g.a
Packet Pg. 91 Attachment: SPCA MOU (1646 : County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact: Gregory L. Sides))
agreement, by the mediator. Within two (2) business days of selection, the
mediator shall be furnished copies of the notice, this Agreement, response, and
any other documents exchanged by the Parties. If the Parties and the mediator
are unable to settle the same within thirty (30) days from selection, or such other
time as the Parties agree, the mediator shall make a written recommendation as
to the resolution of the dispute. Each Party, in its sole discretion, shall accept
or reject such recommendation in writing within ten (10) days. Should the
Parties be unable to agree upon a single mediator within five (5) business days
ofthe written response of the responding Party, the Parties jointly, shall agree
upon the selection of a neutral third-party agreed upon by the Parties, to appoint
a mediator, experienced and knowledgeable in the matters which are the subject
of the dispute. The costs of the Mediator and the mediation shall be shared
equally by the Parties to the dispute.
3. Notwithstanding the preceding paragraphs, the Parties reserve the right tofilesuitorpursuelitigation. The Parties consent to selection of a mediator by
any Court shall not constitute consent to jurisdiction of such court or waiver of
defenses as to venue or jurisdiction.
D. Le al Fees/Costs: At all times under this Agreement, each Party shall be
responsible for its own legal fees and costs.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the last datewrittenbelow.
WITNESS the following signatures and seals:
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK}
Page 4 of 6
7.g.a
Packet Pg. 92 Attachment: SPCA MOU (1646 : County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact: Gregory L. Sides))
COUNTY OF PITTS LVANIA, VIRGINIA
G
SEALBy; ( )
Print: ,. /i 1 ) ..1
Title: /L.,c i C'
Date: !
COMMONWEALTH OF VIRGINIA
PITTSYLVANIA COUNTY
TO-WIT:
The foregoing in trument was acknowledged before me this 0- day
vv , 2019, by , c on behalf of C, l e- C i r%i
capacity as ,
if+1a mo ,c' -.
L..J .. L'I. '` , , r
i- : _ .
t: 4 ' . a
of
his
My Commission expires:
APPROV D AS O ORM
J v "V"
T. Vaden Hunt, Esq.
Pittsylvania County Attorney
Notary Public
Brenda 0'Nece Roberlson
NOTARY PUBLIC
Commonwealth of /rginia
My Comm'ssion Expirec 51 111,4 3
Page 5 of 6
r : _ -
l4 ;
F,,;'`' j' , ,;'! ,
7.g.a
Packet Pg. 93 Attachment: SPCA MOU (1646 : County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact: Gregory L. Sides))
SPCA OF PITTSYLVANIA COUNTY, INC.
BY: _ .. v S (SEAL)
Print: I N; A Q `, n, u
Title: P(j ; Q —
Date:—_/—/ 9
COMMONWEALTH OF VIRGINIA
PITTSYLVANIA COUNTY
TO-WIT:
The foregoing instrument was acknowledged before me this day of
2019, by U ( ' 0.,' , n behalf of C j, , in his
capacity as i C;, ,
My Commission expires: ( ,
7LG ,
Not Public
Brenda O ece Robertson
NOTARY PU UC
Commornveatth of vrginia
My Commission Enpirac 5l31f
Page 6 of 6
7.g.a
Packet Pg. 94 Attachment: SPCA MOU (1646 : County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact: Gregory L. Sides))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Ratification of Resolution in Support for Mega Site Connector Road (Staff
Contact: Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: June 18, 2019 Item Number: 7.h
Attachment(s): 2019-06-02 Resolution Berry Hill Connector Road
Reviewed By:
SUMMARY:
The Board previously approved a Resolution endorsing the Smart Scale Application for the
construction of a connector road to the Southern Virginia Megasite at Berry Hill (the
“Megasite”) on August 21, 2018. Due to an increase of prospect activity at the Mega Site, the
Commonwealth of Virginia is proposing to use Highway 58 Corridor funding rather than Smart
Scale funding. This will allow the timeline of the Connector Road to be greatly reduced. VDOT
is requesting comments regarding this proposal and letters of support.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff requests the Board approve the ratification of the attached Resolution as presented.
MOTION:
“I make a Motion to approve the ratification of the attached Resolution.”
7.h
Packet Pg. 95
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2019-06-02
ENDORSING A VIRGINIA DEPARTMENT OF TRANSPORTATION
INFRASTRUCTURE PROJECT FOR THE PROPOSED CONSTRUCTION OF THE
ROUTE 311 CONNECTOR ROAD IN PITTSYLVANIA COUNTY TO THE SOUTHERN
VIRGINIA MEGASITE AT BERRY HILL
WHEREAS, the Pittsylvania County Board of Supervisors (the "Board"), on August 21,
2018, previously approved a resolution endorsing the smart scale application for the construction
of a connector road to the Southern Virginia Megasite at Berry Hill; and
WHEREAS, alternative funding sources have been identified via the US Route 58
Corridor Development Fund Program to cover the anticipated construction costs for the connector
road; and
WHEREAS, the connector road project will improve mobility, safety, functionality and
connectivity primarily along the US Route 58 Corridor; and
WHEREAS,the project will reduce travel times for both employees and freight associated
with the development of the Southern Virginia Megasite at Berry Hill.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board does hereby
endorse and support the construction of the Route 311 Connector Road in Pittsylvania County to
the Southern Virginia Megasite at Berry Hill using the US Route 58 Corridor Development Funds.
Given under my hand this le day of June, 2019.
1
Joe B. Davis, Chairman
4 • '
Pittsylvania Count Board of Supervisors
Allow
L ..-.. .,•ems '
1. = - id M. Smith- an, Clerk
y zz
Pittsylvania County Board of Supervisors
7.h.a
Packet Pg. 96 Attachment: 2019-06-02 Resolution Berry Hill Connector Road (1647 : Ratification of Resolution in Support for Mega Site Connector Road (Staff
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Rezoning Case R-19-014; Jasmine E. Barbee; Tunstall
Election District, R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Staff Contact: Gregory L. Sides); (Supervisor
Barber)
Staff Contact(s): Gregory L. Sides
Agenda Date: June 18, 2019 Item Number: 10.A.1
Attachment(s): BARBEE - CASE R-19-014
BARBEE - CASE R-19-014 MAP
Reviewed By:
SUMMARY:
In Case R-19-014, Jasmine E. Barbee, Petitioner, has petitioned to rezone 3.77 acres from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for subdivision
of the property for family). The parcel is located on Cascade Road in the Tunstall Election
District. Once the property is rezoned, all uses listed under Pittsylvania County Code § 35-178
are permitted. The Planning Commission, with no opposition, recommended granting the
Petitioner’s request. The County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
10.A.1
Packet Pg. 97
10.A.1.a
Packet Pg. 98 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
10.A.1.a
Packet Pg. 99 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
10.A.1.a
Packet Pg. 100 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
10.A.1.a
Packet Pg. 101 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
10.A.1.a
Packet Pg. 102 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
10.A.1.a
Packet Pg. 103 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
10.A.1.a
Packet Pg. 104 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
10.A.1.a
Packet Pg. 105 Attachment: BARBEE - CASE R-19-014 (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E. Barbee)
Legend
Parcels
Parcel ID Number
Route Numbers
Appeals
Rezoning
Special Uses
Variances
Zoning
Unknown
A-1 = Agricultural District
B-1 = Business District, Limited
B-2 = Business District, General
C-1 = Conservation District
DZ = Double Zoned Parcels
M-1 = Industrial District, Light
Industry
M-2 = Industrial District, Heavy
Industry
MHP = Residential Manuf. Housing
Park District
R-1 = Residential Suburban
Subdivision District
RC-1 = Residential Combined
Subdivision Distric
RE = Residential Estates District
RMF = Residential Multi-Family
Subdivision Distric
RPD = Residential Planned
Development District
TZ = Town Zoning
UK = Unknown
County Boundary
Title: BARBEE - CASE R-19-014 Date: 4/1/2019
DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a
compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current
it may be.
10.A.1.b
Packet Pg. 106 Attachment: BARBEE - CASE R-19-014 MAP (1657 : Public Hearing: Rezoning Case R-19-014 Jasmine E.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller;
Callands-Gretna Election District, R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides);
(Supervisor Farmer)
Staff Contact(s): Gregory L. Sides
Agenda Date: June 18, 2019 Item Number: 10.A.2
Attachment(s): MILLER CASE R-19-019
MILLER - CASE R-19-019 MAP
Reviewed By:
SUMMARY:
In Case R-19-019, Matthew Paul Miller and Jennifer Lynn Miller, Petitioners, have petitioned to
rezone 15.24 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (for agricultural uses). The parcel is located on Fairmont Road in the Callands-Gretna
Election District. Once the property is rezoned, all uses listed under Pittsylvania County Code §
35-178 are permitted. The Planning Commission, with no opposition, recommended granting
the Petitioners’ request. The County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
10.A.2
Packet Pg. 107
10.A.2.a
Packet Pg. 108 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 109 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 110 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 111 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 112 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 113 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 114 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 115 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 116 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 117 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 118 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 119 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 120 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 121 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 122 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 123 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 124 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 125 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 126 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 127 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 128 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 129 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 130 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 131 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 132 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 133 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 134 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 135 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 136 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 137 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
10.A.2.a
Packet Pg. 138 Attachment: MILLER CASE R-19-019 (1656 : Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller)
Legend
Parcels
Parcel ID Number
Route Numbers
Appeals
Rezoning
Signs
Special Uses
Variances
Zoning
Unknown
A-1 = Agricultural District
B-1 = Business District, Limited
B-2 = Business District, General
C-1 = Conservation District
DZ = Double Zoned Parcels
M-1 = Industrial District, Light
Industry
M-2 = Industrial District, Heavy
Industry
MHP = Residential Manuf. Housing
Park District
R-1 = Residential Suburban
Subdivision District
RC-1 = Residential Combined
Subdivision Distric
RE = Residential Estates District
RMF = Residential Multi-Family
Subdivision Distric
RPD = Residential Planned
Development District
TZ = Town Zoning
UK = Unknown
County Boundary
Title: MILLER - CASE R-19-019 Date: 4/23/2019
DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a
compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current
it may be.
10.A.2.b
Packet Pg. 139 Attachment: MILLER - CASE R-19-019 MAP (1656 : Public Hearing: Rezoning Case R-19-019; Matthew
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: VDOT Secondary Six (6)-Year Plan Approval (Staff
Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: June 18, 2019 Item Number: 10.B.1
Attachment(s): 06-18-2019 Public Hearing Notice - VDOT 6 yr plan
VDOT Secondary Six-Year Plan
Reviewed By:
SUMMARY:
Each year, the Board and the Virginia Department of Transportation (“VDOT”) are required to
hold a Public Hearing to receive citizen input on the proposed Secondary Six (6)-Year Plan. Jay
Craddock, VDOT Assistant Resident Engineer, presented the proposed plan to the Board at the
May 14, 2019, Work Session.
FINANCIAL IMPACT AND FUNDING SOURCE:
No local financial impact.
RECOMMENDATION:
County Staff recommends that the Board conduct the Public Hearing and approve the proposed
VDOT Secondary Six (6)-Year Plan.
MOTION:
“I make a Motion that the VDOT Secondary Six (6)-Year Plan, FY2020 – FY2025, be approved,
and that the County Administrator be authorized to sign any necessary documentation.”
10.B.1
Packet Pg. 140
PUBLIC HEARING NOTICE
The Virginia Department of Transportation (“VDOT”) and the Board of Supervisors of
Pittsylvania County, Virginia, in accordance with Virginia Code § 33.2-331, will conduct
a Joint Public Hearing in the Pittsylvania County General District Courtroom, Edwin R.
Shields Courthouse Addition, Chatham, Virginia 24531, at 7:00pm on Tuesday, June 18,
2019. The purpose of said Public Hearing is to receive public comment on the proposed
Secondary Six (6)-Year Plan for Fiscal Years 2020/21 - 2024/25 (the “Plan”), and the
Secondary System Construction and Budget for Fiscal Year 2020 in Pittsylvania County,
Virginia. A copy of the proposed Plan and Budget may be reviewed in VDOT’s Halifax
Residency Office, 5211 Halifax Road, Halifax, U.S. Highway 501, Halifax, Virginia
24558, or at the Pittsylvania County Administration Building, 1 Center Street, Chatham,
Virginia 24531, or on the County’s website at www.pittsylvaniacountyva.gov. All
projects in the Plan that are eligible for federal funds will be included in the Statewide
Transportation Improvement Program, which documents how the Commonwealth of
Virginia will obligate future federal transportation funds.
10.B.1.a
Packet Pg. 141 Attachment: 06-18-2019 Public Hearing Notice - VDOT 6 yr plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan Approval (Staff
10.B.1.bPacket Pg. 142Attachment: VDOT Secondary Six-Year Plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan Approval (Staff Contact: Gregory L.
10.B.1.b
Packet Pg. 143 Attachment: VDOT Secondary Six-Year Plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan
10.B.1.b
Packet Pg. 144 Attachment: VDOT Secondary Six-Year Plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan
10.B.1.b
Packet Pg. 145 Attachment: VDOT Secondary Six-Year Plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan
10.B.1.b
Packet Pg. 146 Attachment: VDOT Secondary Six-Year Plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan
10.B.1.b
Packet Pg. 147 Attachment: VDOT Secondary Six-Year Plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan
10.B.1.b
Packet Pg. 148 Attachment: VDOT Secondary Six-Year Plan (1642 : Public Hearing: VDOT Secondary Six (6)-Year Plan
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: AEP Comprehensive Plan Compliance Public Hearing
(Staff Contact: Gregory L. Sides) - WITHDRAWN BY APPLICANT
Staff Contact(s): Gregory L. Sides
Agenda Date: June 18, 2019 Item Number: 10.B.2
Attachment(s): 06-18-2019 Public Hearing Notice - Appalachian Power
APCo Berry Hill BOS Presentation
Reviewed By:
This Agenda item has been withdrawn by the Applicant.
10.B.2
Packet Pg. 149
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, June 18,
2019, at 7:00 p.m., in the General District Courtroom, Edwin R. Shields Courtroom Addition,
Chatham, Virginia, 24531, to receive citizen input on Appalachian Power seeking a determination
from Pittsylvania County, Virginia (the “County”), pursuant to Virginia Code § 15.2-2232, that
the general or approximate location, character, and extent of the proposed Berry Hill Substation
and the associated transmission line tap are substantially in accordance with the County’s adopted
Comprehensive Plan. Related materials are available at the County Administration Building, 1
Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. - 5:00 p.m., and on
the County’s website, www.pittsylvaniacountyva.gov.
10.B.2.a
Packet Pg. 150 Attachment: 06-18-2019 Public Hearing Notice - Appalachian Power (1643 : Public Hearing: AEP Comprehensive Plan Compliance Public
Berry Hill Energy Connection Project
Southern Virginia Mega Site at Berry Hill
WITHDRAWN BY APPLICANT
10.B.2.b
Packet Pg. 151 Attachment: APCo Berry Hill BOS Presentation (1643 : Public Hearing: AEP
Project Overview
WHAT
An approximate 5-mile 138 kV transmission line and
new substation.
WHY
The Project will supply power to the
Southern Virginia Mega Site at Berry Hill
industrial park near Danville. A robust power source
at the industrial park increases electric service
reliability in the area while supporting continued
business development.
WHERE
Plans include building the proposed substation
inside the industrial park. Preliminary study
segments for the proposed transmission line
begin inside the industrial park and travel
northwest across Pittsylvania County. The
study segments travel in various directions
toward U.S. Route 58 before connecting with
an existing Appalachian Power transmission
line.
10.B.2.b
Packet Pg. 152 Attachment: APCo Berry Hill BOS Presentation (1643 : Public Hearing: AEP
Study Segments
Objectives
Avoid or minimize impacts on human, visual and
natural resources
Meet the overall project objective to provide a
robust power source to the park.
Methods
Extensive coordination with the County
Mapped publicly available data from federal,
state, and local sources
Field reconnaissance
Held a public open house on Jan. 9, 2019
(Brosville Elementary School)
116 landowners invited.
30 attended.
Met with numerous landowners
10.B.2.b
Packet Pg. 153 Attachment: APCo Berry Hill BOS Presentation (1643 : Public Hearing: AEP
Alternative Routes
Refined study segments into three
alternative routes
Analyzed and compared the alternative
routes
Proposed Route (Alternative C)
Minimizes overall impacts
Fewer nearby residences
Fewer land use conflicts (the study area
becomes more developed eastward toward
Danville).
Positive public & stakeholder input
Fewer constructability issues (e.g., access,
fewer structure angles)
Proposed Route
10.B.2.b
Packet Pg. 154 Attachment: APCo Berry Hill BOS Presentation (1643 : Public Hearing: AEP
Proposed Structures
10.B.2.b
Packet Pg. 155 Attachment: APCo Berry Hill BOS Presentation (1643 : Public Hearing: AEP
10.B.2.b
Packet Pg. 156 Attachment: APCo Berry Hill BOS Presentation (1643 : Public Hearing: AEP
Resolution of Support
Pursuant to the Board of Supervisors recommendation on March 12, 2019 (Pittsylvania
County Board of Supervisors Work Session), following completion of a public hearing,
Appalachian Power seeks a resolution in support of the proposed transmission line and
substation.
Later, pursuant to Va. Code §15.2-2232, Appalachian Power will seek a determination by
the Pittsylvania County Planning Commission that the general or approximate location,
character and extent of the proposed Berry Hill Substation and the associated
transmission line tap are substantially in accord with the County’s adopted
comprehensive plan.
10.B.2.b
Packet Pg. 157 Attachment: APCo Berry Hill BOS Presentation (1643 : Public Hearing: AEP
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Potential Enterprise Zone Amendment Approval and Public Hearing
Advertisement Authorization (Staff Contact: Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: June 18, 2019 Item Number: 11.a
Attachment(s):
Reviewed By:
SUMMARY:
The Virginia General Assembly allows counties and cities in the Commonwealth to designate a
specified acreage of land, in a certain geographic area, as an Enterprise Zone (“EZ”). The
Commonwealth offers EZ Grants, and the localities also incentivize targeted companies, to
locate or expand within EZs. Pittsylvania County, Virginia (the “County”) has two (2) EZs: (1)
EZ 57: a joint EZ with the City of Danville, Virginia (“Danville”), and includes Cane Creek and
Gretna; and (2) EZ 24: a newer EZ, predominantly includes the SVMP at Berry Hill and the
SVMP in Hurt.
After examining the County’s current incentives and boundary for the purpose of updating the
same, the County’s Economic Development (“ED”) Staff is currently engaged in a much-needed
EZ revision process, which is very common and even encouraged with EZs. Please note that an
EZ is an overlay district. Changes to EZs do not affect the current zoning, allowed uses, and
enjoyment of property located therein. Proposed changes to the County’s EZ boundaries include
the following:
• EZ 24:
-Remove 350 acres of SVMP at Berry Hill, including cultural area (i.e., land to hold
relocated cultural landmarks) and wetlands.
-Add 836 acres, which includes property in the Blairs area across from Virginia Candle
Company, and land around the SVMP in Hurt.
-Total acreage of EZ 24: Current Size = 3,317 acres; Amended Size = 3,604 acres
(maximum allowed is 3,840 acres).
• EZ 57:
-Remove 546 acres of public land, including school grounds in Gretna, church property,
private residences, farm land, and land where Companies indicated that they do not need
EZ benefits.
11.a
Packet Pg. 158
-Add 288 acres of land in Blairs and two (2) small lots in Gretna that can be adaptively
reused.
-Total acreage of EZ 57: Current Size = 3,428 acres; Amended Size = 3,170 acres
(maximum allowed is 3,840 acres).
Please also note that EZ incentives do not have uniform names and can vary in each EZ, which
can be confusing to potential ED recruits. The proposed EZ revisions change the EZ names to
make them the same and better align with the County’s Economic Development partner,
Danville. Also, the County proposes to remove incentives in EZ 57 that can be offered by
partners (membership to Chamber), are not unique to the EZ (i.e., Shell Building Program), or
are not being used (i.e., sales tax rebate). Additionally, proposed EZ changes to qualifying
thresholds will serve the following purposes: (1) make them less complicated; (2) make them
easier to qualify for; and (3) reward higher job creators.
In conclusion, the County’s ED Staff wants to stress that these changes to the EZ boundaries are
being done based on real business activity. The County’s ED Staff is revising the EZ boundaries
to allow incentives exactly where industries are telling the County they want to be on a daily,
weekly, and monthly basis. Moreover, these EZ incentives are being revised to give companies
the value they are looking for, which helps the County be competitive. Said changes are paid
based on performance (retroactively), which protects the Company and the County. Finally,
please be advised that sixty-seven (67) EZ removal letters were sent, representing 295 parcels,
and the County’s ED Staff received thirteen (13) phone calls representing thirty-three (33)
parcels. The main concerns were that the letters were alerting them to activity around them,
which County ED Staff explained affected the whole zone.
Update:
After citizen input and feedback, Staff requests that the Board consider including Hargrave
Military Academy into Enterprise Zone 57. This modification was presented to the Legislative
Committee on June 4, 2019.
FINANCIAL IMPACT AND FUNDING SOURCE:
As previously mentioned, EZ incentives are paid based on performance (retroactively). The Real
Estate Tax Grant, Machinery and Tools Tax Grant, and Development Permit Fee Waiver are
foregone revenue (RE and MTTG = 50% for 3 years). Also, the Job Creations Grant maximum
allowed is 500 jobs at $750 per job, which is $375,000. This is based on high paying targeted
jobs and performance, which is very unique and thus would only go to a top tier company. Fast
Track Permitting is $0, and Site Discount is at the Board/IDA’s discretion.
RECOMMENDATION:
County Staff recommends the Board to direct Staff to re-advertise for a Public Hearing and
amendment of the Enterprise Zone in July to include Hargrave Military Academy.
MOTION:
“I make a Motion to direct Staff to re-advertise for a Public Hearing and amendment of the
Enterprise Zone in July to include Hargrave Military Academy.”
11.a
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: RIFA Cane Creek Bond Refinancing Authorization (Staff Contact:
Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G Van Der Hyde
Agenda Date: June 18, 2019 Item Number: 12.a
Attachment(s):
2019-06-01 Cane Creek Refinancing
RIFA-Cane Creek Term Sheet.2019
RIFA Support Agreement
Reviewed By:
SUMMARY:
In 2005, the Danville-Pittsylvania Regional Industrial Facilities Authority (“RIFA”) issued
variable rate revenue bonds in an aggregate principal amount of $7,300,000 to fund expenses
related to developing the Cane Creek Centre. This Project was jointly supported by the City of
Danville (“Danville”) and the County.
Danville and the County recently received a credit commitment from Wells Fargo Bank to
refinance the 2016 taxable revenue refunding bonds (the “Bonds”). The principal amount being
refinanced at this time is at an amount not to exceed $2,545,000. The rate that has been
negotiated with Wells Fargo is an indicative fixed rate of 3.95% for a term of 5 ½ years. The
actual fixed rate for this refunding shall be determined on the rate set date. The Bonds will be
paid off in 2025.
A Moral Obligation Pledge will be required from both Danville and the County in the form of
Support Agreements. This will not add to the County’s existing moral obligations; it will simply
replace the existing Support Agreement that will expire with the current Letter of Credit. The
RIFA Board approved its Resolution to refinance at its June 10, 2019, Meeting. Danville will
also pass a similar Resolution as the one being presented to the Board at its June 18, 2019,
Meeting. The approval of the attached Support Agreement is necessary to finalize bank
documents before August 1, 2019.
FINANCIAL IMPACT AND FUNDING SOURCE:
The Bonds will be repaid annually based on appropriations by the County and Danville, with
each being responsible for one-half (1/2) of such debt service. A total of $285,000 has been
appropriated in the FY2020 County Budget which should more than cover the County’s share of
this debt obligation.
RECOMMENDATION:
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County Staff recommends the Board approve the attached Support Agreement and Resolution #
2019-06-01.
MOTION:
“I make a Motion to approve the attached Support Agreement and Resolution # 2019-06-01 to
refinance RIFA’s outstanding Revenue Refunding Bond Series 2016.”
12.a
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RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF PITTSYLVANIA, VIRGINIA
APPROVING A SUPPORT AGREEMENT WITH THE DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
RESOLUTION 2019-06-01
WHEREAS, the County of Pittsylvania, Virginia (the “County”), and the City of Danville,
Virginia (the “City”), are jointly developing the Cane Creek Centre (the “Cane Creek Centre”), a
928 acre (more or less) manufacturing industrial center located in the County and owned by the
Danville-Pittsylvania Regional Industrial Facility Authority (the “Authority”), to accommodate
industries that require large land areas; and
WHEREAS, the County and the City, in conjunction with the Authority, financed, as part
of the development of Cane Creek Centre, land acquisition, roads, wetland remediation, lot
clearing and other capital expenditures in the Cane Creek Centre (collectively, the “Project”); and
WHEREAS, the Authority financed the Project, including necessary expenses incidental
thereto, by the issuance of its variable rate revenue bonds in an aggregate principal amount of
$7,300,000 in 2005 (the “2005 Bonds”) and refinanced the 2005 Bonds through the issuance of its
fixed rate revenue refunding bond in an aggregate principal amount of $5,595,000 in 2013 (the
“2013 Bond”); and
WHEREAS, the Authority refinanced the 2013 Bond through the issuance of its fixed rate
revenue refunding bond in an aggregate principal amount of $3,700,000 in 2016 (the “2016
Bond”); and
WHEREAS, the 2016 Bond matures on August 1, 2019, and the Authority now proposes
to undertake the refinancing of the 2016 Bond and pay any necessary expenses incidental thereto
through the issuance of its fixed rate revenue refunding bond in an aggregate principal amount not
to exceed $2,545,000 (the “Bond”); and
WHEREAS, the principal of, premium, if any, and interest on, the Bond and other costs
relating to the issuance thereof (collectively, the “Debt Service”) are to be paid by the Authority
from funds that are subject to appropriation in each fiscal year by the County and the City, with
the County and the City each being responsible for one-half of such Debt Service; and
WHEREAS, in connection with its purchase of the Bond, Wells Fargo Bank, National
Association desires that the commitment of the County and City to provide such funds, subject to
annual appropriation as described above, be set forth in a Support Agreement, dated as of July 1,
2019 (the “County Support Agreement”), between the County and the Authority and in a Support
Agreement, dated as of July 1, 2019, between the City and the Authority: and
WHEREAS, a draft of the County Support Agreement, in substantially final form, has
been made available to the Board of Supervisors of the County (the “Board”) for review prior to
this meeting;
12.a.a
Packet Pg. 162 Attachment: 2019-06-01 Cane Creek Refinancing (1627 : RIFA Cane Creek Bond Refinancing Authorization)
2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF PITTSYLVANIA, VIRGINIA:
1. Form and Authorization of County Support Agreement. The County Support
Agreement is hereby approved, with such variations, insertions, changes or deletions (including
without limitation changes to the date thereof) as may be approved by the Chairman or the Vice
Chairman of the Board or the County Administrator. The execution and delivery of the County
Support Agreement are hereby authorized.
2. Execution and Delivery of County Support Agreement. The Chairman and the Vice
Chairman of the Board and the County Administrator, any of whom may act, are each authorized
and directed to execute the County Support Agreement on behalf of the County. The Clerk and
Deputy Clerk of the Board, either of whom may act, are each authorized and directed to affix the
seal of the County to the County Support Agreement (if required), attest the seal (if required) and
deliver the County Support Agreement to the other parties thereto.
3. Further Actions. The Chairman and the Vice Chairman of the Board and other
officers and agents of the County, including the County Administrator and the Finance Director,
are authorized and directed to take such further actions as they deem necessary regarding the
execution and delivery of the County Support Agreement, including, without limitation, the
execution and delivery of any closing documents and certificates with respect to the issuance of
the Bond by the Authority. All such actions previously taken by the Chairman, Vice Chairman or
such officers and agents are hereby approved, ratified and confirmed.
4. Limitation of Liability of Officials of the County. No covenant, condition,
agreement or obligation contained herein shall be deemed to be a covenant, condition, agreement
or obligation of an officer, employee or agent of the County or Board in his or her individual
capacity, and no officer of the County or Board executing the County Support Agreement shall be
liable personally on the County Support Agreement or be subject to any personal liability or
accountability by reason of the execution and delivery thereof.
5. Effective Date. This Resolution shall take effect immediately.
12.a.a
Packet Pg. 163 Attachment: 2019-06-01 Cane Creek Refinancing (1627 : RIFA Cane Creek Bond Refinancing Authorization)
3
CERTIFICATE
The undersigned Clerk of the County of Pittsylvania, Virginia, does hereby certify that the
foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of
Supervisors held on June 18, 2019, and of the whole thereof so far as applicable to the matters
referred to in such extract. I hereby further certify that such meeting was a regularly scheduled
meeting and that, during the consideration of the foregoing Resolution, a quorum was present. The
vote of the members of the Board of Supervisors upon the foregoing Resolution was as follows:
Member Present/Absent Vote
WITNESS MY HAND and the seal of the County of Pittsylvania, Virginia, this _____
day of June, 2019.
Clerk, County of Pittsylvania, Virginia
099900.07921 EMF_US 74132244v2
12.a.a
Packet Pg. 164 Attachment: 2019-06-01 Cane Creek Refinancing (1627 : RIFA Cane Creek Bond Refinancing Authorization)
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Proposal
Direct Purchase of Taxable Fixed Rate Bonds
Danville-Pittsylvania Regional Industrial Authority
Summary of Preliminary Terms and Conditions (“Term Sheet”)
(For Discussion Purposes Only – Not a Commitment to Lend)
Date: May 1, 2019
TRANSACTION SUMMARY:
Obligor: Danville-Pittsylvania Regional Industrial Facility Authority (the
“Obligor” or “Authority”).
Issue: The Authority’s Revenue Refunding Bond (Cane Creek Project)
Series 2019 (the “Bonds”).
Par Amount: $2,545,000
Facility
And Purpose: The Bonds will be issued to refund the Authority’s outstanding
Revenue Refunding Bond (Cane Creek Project) Series 2016 (the
“Prior Bonds”) that were issued pursuant to the Financing
Agreement dated as of August 1, 2016 (the “Prior Financing
Agreement”) between the Authority and the Bank.
Purchaser/Bank: Wells Fargo Bank, N.A. (the “Bank”)
Financing
Documents: The Bonds will be issued pursuant to Financing Agreement (the
“Financing Agreement”) that will have the same terms as the
Prior Financing Agreement and will be supported by Support
Agreement and related loan documentation that is the
substantially the same as that currently in place with respect to
the Prior Bonds all modified to reflect the terms stated herein.
The Bonds will be purchased by the Bank pursuant to the
Financing Agreement. The Bonds, the Financing Agreement,
the City Support Agreement, and the County Support
Agreement together with the related loan documentation
referenced above are herein collectively referred to (along with
any amendment, supplement or restatement of any or all of the
foregoing) as the “Financing Documents.”
Tax Treatment: Interest on the Bonds shall be included in gross income for
federal income tax purposes.
12.a.b
Packet Pg. 165 Attachment: RIFA-Cane Creek Term Sheet.2019 (1627 : RIFA Cane Creek Bond Refinancing Authorization)
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Security: As more specifically described in the Financing Agreement as
amended and restated. The Bond will be secured by a pledge of
the revenues and receipts received by the Authority from
payments made by the County pursuant to the County Support
Agreement and by the City pursuant to the City Support
Agreement.
INTEREST RATES AND OTHER KEY PROVISIONS:
Indicative Fixed Rate:
Tenor Indicative
Fixed Rate*
Five years and five
months, starting
August 1, 2019
3.95%
*Please note that this is an indicative rate only, as of April 30,
2019 market close. The Bank Cost of Funds Rate will adjust
based on movements in the LIBOR swap market while the
Spread to Bank Cost of Funds Rate may increase or decrease to
neutralize the Bank’s return based on movements in the LIBOR
swap market. The actual Fixed Rate shall be determined on the
Rate Set Date.
Rate Set Date: The fixed rate will be set 2-3 business days prior to the Closing
Date or at a mutually-agreeable date subject to documentation.
Closing Date: July 1, 2019
Final Maturity Date: January 1, 2025
Unpaid principal and interest owed on the Bonds shall be due
and payable in full on the Final Maturity Date.
Amortization:
Year Principal Amount
2020 $425,000
2021 $445,000
2022 $465,000
2023 $490,000
2024 $515,000
2025 $205,000 *
Total $2,545,000
12.a.b
Packet Pg. 166 Attachment: RIFA-Cane Creek Term Sheet.2019 (1627 : RIFA Cane Creek Bond Refinancing Authorization)
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Scheduled Principal Payments will occur annually on January 1
beginning January 1, 2020.
*Note the Series 2005 Bonds had an original maturity date of
8/1/2026. The Authority made an early repayment of the 2026
amount due and a partial repayment of the 2025 amount due. The
balance due in 2025 is included in the table above.
Day Count
Computation Basis: 30/360
Payment of
Interest: Interest on the Bonds shall be payable semi-annually on each
January 1 and July 1, commencing July 1, 2019.
Optional Redemption/
Conversion: The Bonds are subject to optional redemption or conversion at
any time at a “make-whole” price.
Default Rate: The greatest of:
(i) The Bank’s Prime Rate plus 4.00%;
(ii) the Federal Funds rate plus 5.00%; or
(iii) 10.00%.
DOCUMENTATION AND COVENANTS:
Conditions Precedent
to Closing: The Bank will purchase the Bonds pursuant to the Financing
Agreement, which agreement will contain conditions and
covenants and other provisions that would be usual and
customary for this type of financing including without
limitation:
1. Absence of any material adverse change in the
business condition, operations, performance of the
Obligor since release of the audited financial
statements dated June 30, 2018;
2. Absence of any change in any law, rule or regulation
(or their interpretation or administration), that, in
each case, may adversely affect the consummation of
the transaction, to be determined in the Bank’s sole
discretion;
3. Disclosure of any pending or threatened litigation
(with such pending or threatened litigation acceptable
to the Bank);
4. Payment of accrued fees and expenses;
12.a.b
Packet Pg. 167 Attachment: RIFA-Cane Creek Term Sheet.2019 (1627 : RIFA Cane Creek Bond Refinancing Authorization)
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5. Execution and delivery of the Financing Documents
and all certificates, authorizations and opinions
requested in form and substance satisfactory to the
Bank,;
6. Receipt of any necessary governmental and regulatory
approvals or consents;
7. Receipt of Opinion of Obligor Counsel acceptable to
the Bank and Bank Counsel;
8. Receipt of Organizational Documents; and
9. The Bank shall have reviewed to its satisfaction any
additional documentation and financial information it
finds relevant.
Representations
and Warranties: As set forth in the Prior Financing Agreement as amended and
extended, including acknowledgement by the Obligor, the City
and the County that each are in compliance, in all material
respects, with Anti-Corruption Laws, Anti-Money Laundering
Laws and applicable Sanctions.
Reporting
Requirements: As set forth in the Prior Financing Agreement.
EVENTS OF DEFAULT:
Events of Default: As set forth in the Prior Financing Agreement.
Remedies Upon
Event of Default: As set forth in the Prior Financing Agreement.
OTHER FEES AND EXPENSES:
Bank Counsel Fee: Estimated at $10,000 plus fees and expenses. Fees and
expenses payable to Bank counsel may be increased if the
transaction is not closed within 60 days, the security and/or
structure of the transaction changes materially, or if other
complexities develop once documentation has commenced.
Other Fees and
Expenses: Obligor shall pay to the Bank an amendment fee for each
amendment to the Financing Documents in a minimum amount
of $2,500 plus associated legal expenses.
12.a.b
Packet Pg. 168 Attachment: RIFA-Cane Creek Term Sheet.2019 (1627 : RIFA Cane Creek Bond Refinancing Authorization)
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Increased Costs and
Capital Adequacy;
Taxes: As set forth in the Prior Financing Agreement and which is
customary for facilities of this type, including, without
limitation, provisions concerning increased costs, taxes,
changes in capital adequacy, capital requirements and other
requirements of law (provided that (a) the Dodd-Frank Wall
Street Reform and Consumer Protection Act and all requests,
rules, and guidelines, requirements and directives thereunder,
issued in connection therewith or in implementation thereof,
and (b) all requests, rules, guidelines, requirements and
directives promulgates by the Bank for International
Settlements, the Basel Committee on Banking Supervision (or
any successor or similar authority) or the United States or
foreign regulatory authorities shall in each case be deemed to be
a change in requirement of law, regardless of the date enacted,
adopted, issued or implemented) or their interpretation,
illegality, unavailability, and reserves without proration or
offset and payments free and clear of withholding or other
taxes.
GOVERNING LAW/JURY TRIAL/VENUE:
Governing Law: This term sheet and the Financing Documents shall be governed
by the laws of the Commonwealth of Virginia.
Jury Trial: To the extent permitted by law, the Obligor agrees to binding
arbitration and to waive a jury trial in any proceeding involving
the Bank.
MISCELLANEOUS:
Bank Contacts: Patrick K. Dixon
Senior Vice President
10 S. Jefferson Street
Roanoke, VA 24011
540-853-7313
Patrick.dixon@wellsfargo.com
Bank Counsel
Contacts: Paul M. Smith
Kutak Rock LLP
Suite 800
2300 Main Street
Kansas City, MO 64108
T. 404.222.4619
F. 404.222.4654
E. paul.smith@kutakrock.com
12.a.b
Packet Pg. 169 Attachment: RIFA-Cane Creek Term Sheet.2019 (1627 : RIFA Cane Creek Bond Refinancing Authorization)
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Indemnification: The proposed Facility will include customary indemnification of
the Bank in all cases except where the Bank has proven to have
been guilty of gross negligence or willful misconduct.
Future Modifications: The terms, conditions and pricing are subject to revision in the
event that (i) the Facility amount changes, (ii) the transaction
deviates materially from what was initially described, (iii) the
proposed financing does not close (other than as a result of
action/inaction by the Bank) within 60 days of the execution of
the Term Sheet or (iv) events occur resulting in a material
disruption of the market.
No Advisory or
Fiduciary Role: The Obligor acknowledges and agrees that: (i) Wells Fargo
Bank, N.A. has not assumed any advisory or fiduciary
responsibility to the Obligor with respect to the transaction
contemplated hereby and the discussions, undertakings and
procedures leading thereto (irrespective of whether Wells Fargo
Bank, N.A. or its affiliates have provided other services or are
currently providing other services to the Obligor on other
matters); (ii) the only obligations Wells Fargo Bank, N.A. has to
the Obligor with respect to the transaction contemplated hereby
expressly are set forth in this term sheet and the Term Loan
Agreement; and (iii) the Obligor has consulted its own legal,
accounting, tax, financial and other advisors, as applicable, to
the extent it has deemed appropriate.
Confidentiality: This Term Sheet is confidential and proprietary and may not be
disclosed without our written consent, except to your
professional advisors in connection with the Facility who agreed
to be bound by such confidentiality requirements, or as may be
required by law.
AGREEMENT BY THE OBLIGOR:
This Term Sheet is not a commitment. It represents willingness
by the Bank to seek credit approval for a proposed transaction
based upon the terms and conditions outlined in this Term
Sheet, subject to documentation acceptable to the Bank.
We anticipate the credit process will take approximately 15
business days from receipt of this document and possession of
all materials necessary to undertake a full credit analysis.
12.a.b
Packet Pg. 170 Attachment: RIFA-Cane Creek Term Sheet.2019 (1627 : RIFA Cane Creek Bond Refinancing Authorization)
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Please evidence your acceptance hereof by signing and returning
a copy to the Bank.
Unless this term sheet is earlier rescinded, it shall expire
automatically without further action or notice by the Bank on 30
days from the date hereof unless a signed counterpart of this
Term Sheet shall have been delivered to the Bank.
ACCEPTED AND AGREED TO:
BY: ________________ DATE: __________
12.a.b
Packet Pg. 171 Attachment: RIFA-Cane Creek Term Sheet.2019 (1627 : RIFA Cane Creek Bond Refinancing Authorization)
SUPPORT AGREEMENT
between
DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
and
COUNTY OF PITTSYLVANIA, VIRGINIA
Dated as of July 1, 2019
NOTE: THIS SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT
TO A SECURITY INTEREST IN FAVOR OF, WELLS FARGO BANK, NATIONAL
ASSOCIATION.
12.a.c
Packet Pg. 172 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
TABLE OF CONTENTS
Page
Parties ............................................................................................................................................1
Recitals .............................................................................................................................................1
Granting Clauses ..............................................................................................................................1
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.1. Definitions................................................................................................................2
Section 1.2. Rules of Construction. .............................................................................................2
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Authority. .................................................................................3
Section 2.2. Representations by County. .....................................................................................4
ARTICLE III
AGREEMENT TO ISSUE BOND
Section 3.1. Agreement to Issue Bond. ........................................................................................5
Section 3.2. Limitation of Authority’s Liability. .........................................................................5
Section 3.3. Compliance with Agreement. ..................................................................................5
ARTICLE IV
PAYMENT OBLIGATIONS
Section 4.1. Amounts Payable. ....................................................................................................5
Section 4.2. Payments Assigned. .................................................................................................6
Section 4.3. Obligation Unconditional.........................................................................................6
Section 4.4. Appropriations of Annual Payments and Additional Payments. .............................6
ARTICLE V
PREPAYMENT
Section 5.1. Prepayment. .............................................................................................................7
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ARTICLE VI
PARTICULAR COVENANTS
Section 6.1. Limitation of Liability of Directors, etc. of Authority and County. ........................8
Section 6.2. Use of Proceeds........................................................................................................8
Section 6.3. Maintenance of Existence of Authority. ..................................................................8
Section 6.4. County Covenants. ...................................................................................................9
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 7.1. Events of Default. ....................................................................................................9
Section 7.2. Remedies. ...............................................................................................................10
Section 7.3. Reinstatement after Event of Default. ....................................................................10
Section 7.4. No Remedy Exclusive............................................................................................11
Section 7.5. No Additional Waiver Implied by One Waiver. ....................................................11
Section 7.6. Attorneys’ Fees and Other Expenses. ....................................................................11
ARTICLE VIII
REMEDY FOR NONAPPROPRIATION
Section 8.1. Remedy for Nonappropriation. ..............................................................................11
ARTICLE IX
AGREEMENT; AMENDMENTS; ASSIGNMENT
Section 9.1. Agreement; Covenants. ..........................................................................................12
Section 9.2. Amendments. .........................................................................................................12
Section 9.3. Assignment. ...........................................................................................................12
ARTICLE X
MISCELLANEOUS
Section 10.1. Notices. ..................................................................................................................13
Section 10.2. Severability. ...........................................................................................................13
Section 10.3. Limited Liability of County. ..................................................................................13
Section 10.4. Successors and Assigns..........................................................................................13
Section 10.5. Counterparts. ..........................................................................................................13
Section 10.6. Governing Law. .....................................................................................................14
Section 10.7. Term of Agreement. ...............................................................................................14
Signatures .................................................................................................................................. 15
Receipt........................................................................................................................................ 16
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Packet Pg. 174 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
THIS SUPPORT AGREEMENT dated as of the 1st day of July, 2019, by and between
the DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY,
a political subdivision of the Commonwealth of Virginia (the “Authority”), and the COUNTY OF
PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
“County”), provides:
WITNESSETH:
WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia
duly created pursuant to Chapter 64 of Title 15.2 of the Code of Virginia of 1950, as amended (the
“Act”); and
WHEREAS, the Act authorizes the Authority to borrow money to pay the costs of real
estate and all improvements located in industrial parks intended to be occupied by manufacturing,
warehousing, distribution, office or other commercial enterprises; and
WHEREAS, in order to further the purposes of the Act, the Authority has previously
issued its $7,300,000 Variable Rate Revenue Bonds (Cane Creek Project), Series 2005 (the “2005
Bonds”) to finance as part of the development of Cane Creek Center as an industrial park, the
financing of land acquisition, roads, wetland, remediation, lot clearing and other related capital
expenditures, including necessary expenses incidental thereto (collectively, the “Project”); and
WHEREAS, in 2013, the Authority refinanced the 2005 Bonds by issuing its $5,595,000
Revenue Refunding Bond (Cane Creek Project), Series 2013 (the “2013 Bond”); and
WHEREAS, in 2016, the Authority refinanced the 2013 Bond by issuing its $3,700,000
Revenue Refunding Bond (Cane Creek Project), Series 2016 (the “Series 2016 Bond”); and
WHEREAS, the 2016 Bond matures on August 1, 2019, and the Authority now wishes to
refinance the 2016 Bond by issuing its Revenue Refunding Bond (Cane Creek Project), Series
2019, in the original principal amount of $2,545,000 (the “Bond”) pursuant to the terms of a
Financing Agreement, dated as of July 1, 2019 (the “Agreement”), between the Authority and
Wells Fargo Bank, National Association (the “Bank”); and
WHEREAS, the County and the City of Danville, Virginia (the “City”), agree with the
desire of the Authority to refinance the 2016 Bond; and
WHEREAS, the Bond will be secured by a pledge of the revenues and receipts received
by the Authority from payments made by the County pursuant to this Support Agreement and by
the City pursuant to a separate support agreement; and
WHEREAS, all acts, conditions and things required by law to happen, exist and be
performed precedent to and in connection with the execution of and entering into this Support
Agreement have happened, exist and have been performed in regular and due time and in form and
manner as required by law, and the parties hereto are now duly empowered to execute and enter
into this Support Agreement;
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NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other valuable consideration, the parties hereto covenant and agree as
follows:
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.1. Definitions.
Unless otherwise defined in this Support Agreement, all words used herein shall have the
meanings assigned to such terms in the Agreement. In addition to the words defined in the recitals
hereto, the following words as used in this Support Agreement shall have the following meanings
unless a different meaning clearly appears from the context:
“Additional Payment(s)” shall mean such payment or payments made by the County
pursuant to Section 4.1(b) and Section 5.1.
“Annual Budget” shall mean the budget by that name referred to in Section 4.4.
“Annual Payment(s)” shall mean the payments made by the County under this Support
Agreement as set forth in Section 4.1(a), which such payments are equal to one-half of the
payments of principal and interest due on the Bond in each Fiscal Year.
“Basic Documents” shall mean the Agreement and this Support Agreement.
“Board” shall mean the Board of Supervisors of the County.
“City Support Agreement” shall mean the Support Agreement, dated as of July 1, 2019,
between the City and the Authority, as the same may be supplemented, amended or modified.
“Event of Default” shall mean the events enumerated in Section 7.1.
“Fiscal Year” shall mean the twelve-month period beginning July 1 of one year and ending
on June 30 of the following year, or such other fiscal year of twelve months as may be selected by
the County.
“Support Agreement” shall mean this Support Agreement, as such Support Agreement
may be supplemented, amended or modified.
Section 1.2. Rules of Construction.
The following rules shall apply to the construction of this Support Agreement unless the
context otherwise requires:
(a) Words importing the singular number shall include the plural number and vice
versa.
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(b) Words importing the prepayment or calling for prepayment of the Bond shall not
be deemed to refer to or connote the payment of the Bond at its stated maturity.
(c) Unless otherwise indicated, all references herein to particular Articles or Sections
are references to Articles or Sections of this Support Agreement.
(d) The headings herein and Table of Contents to this Support Agreement herein are
solely for convenience of reference and shall not constitute a part of this Support Agreement nor
shall they affect its meaning, construction or effect.
(e) All references herein to payment of the Bond are references to payment of principal
of and premium, if any, and interest on the Bond.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Authority.
The Authority makes the following representations:
(a) The Authority is a political subdivision of the Commonwealth of Virginia duly
created under the Act;
(b) Pursuant to the Act, the Authority has full power and authority to enter into the
Basic Documents and to perform the transactions contemplated thereby and to carry out its
obligations thereunder and by proper action has duly authorized, executed and delivered such
Basic Documents;
(c) The execution, delivery and compliance by the Authority with the terms and
conditions of the Basic Documents will not conflict with or constitute or result in a default under
or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust
agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or other restriction of any kind to which the Authority or any of its assets
is subject;
(d) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal, state or local, is required in connection with the execution
or delivery of or compliance by the Authority with the terms and conditions of the Basic
Documents, except that no representation is made as to the applicability of any Federal or state
securities laws; and
(e) There is no litigation at law or in equity or any proceeding before any governmental
agency involving the Authority pending or, to the knowledge of the Authority, threatened with
respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver
the Basic Documents, (3) the validity or enforceability of the Basic Documents or the Authority’s
performance of its obligations thereunder, (4) the title of any officer of the Authority executing the
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Basic Documents, or (5) the ability of the Authority to issue and sell its Bond and refinance the
2016 Bond.
Section 2.2. Representations by County.
The County makes the following representations:
(a) The County is a political subdivision of the Commonwealth of Virginia;
(b) The County has full power and authority to enter into the Basic Documents to which
it is a party and to perform the transactions contemplated thereby and to carry out its obligations
thereunder and by proper action has duly authorized, executed and delivered such Basic
Documents;
(c) The County is not in default in the payment of the principal of or interest on any of
its indebtedness for borrowed money and is not in default under any instrument under or subject
to which any indebtedness for borrowed money has been incurred, and no event has occurred and
is continuing that with the lapse of time or the giving of notice, or both, would constitute or result
in an event of default thereunder;
(d) The County is not in default under or in violation of, and the execution, delivery
and compliance by the County with the terms and conditions of the Basic Documents to which it
is a party will not conflict with or constitute or result in a default under or violation of, (1) any
existing law, rule or regulation applicable to the County or (2) any trust agreement, mortgage, deed
of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or
restriction of any kind to which the County or any of its assets is subject, and no event has occurred
and is continuing that with the lapse of time or the giving of notice, or both, would constitute or
result in such a default or violation;
(e) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal, state or local, is required in connection with the execution
or delivery of or compliance by the County with the terms and conditions of the Basic Documents
to which it is a party; and
(f) There is no litigation at law or in equity or any proceeding before any governmental
agency involving the County pending or, to the knowledge of the County, threatened with respect
to (1) the authority of the County to execute and deliver the Basic Documents to which it is a party,
(2) the validity or enforceability of such Basic Documents or the County’s performance of its
obligations thereunder, or (3) the title of any officer of the County executing such Basic
Documents.
(g) The Project has been determined to be essential to the County’s economic
development and future revenue growth, and the Board anticipates that the Project will continue
to be essential to the County’s economic development and future revenue growth during the term
of this Support Agreement.
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ARTICLE III
AGREEMENT TO ISSUE BOND
Section 3.1. Agreement to Issue Bond.
The Authority hereby agrees, simultaneously with the execution and delivery hereof, to
proceed with the issuance and sale of the Bond, bearing interest, maturing and having the other
terms and provisions set forth in the Agreement. The proceeds of the Bond will be used, together
with other available funds, to refund the 2016 Bond. Subject to the limitation of Section 4.4, the
County agrees to make all Annual Payments and Additional Payments when and as the same shall
become due and payable.
Section 3.2. Limitation of Authority’s Liability.
Anything contained in this Support Agreement to the contrary notwithstanding, any
obligation the Authority may incur in connection with the issuance of the Bond for the payment
of money shall not be deemed to constitute a debt or general obligation of the Authority within
any constitutional or statutory limitations, but shall be a limited obligation payable solely from the
revenues and receipts derived by it pursuant to this Support Agreement and the City Support
Agreement.
Section 3.3. Compliance with Agreement.
If the County is not in default under this Support Agreement, the Authority, at the request
of the County, shall take (a) all steps that may be necessary to effect prepayment under the
Agreement and (b) any other action required by the Agreement. By its execution of this Support
Agreement, the County acknowledges its approval of all the terms and conditions set forth in the
Agreement.
ARTICLE IV
PAYMENT OBLIGATIONS
Section 4.1. Amounts Payable.
(a) (1) Subject to the limitation of Section 4.4, the County shall pay to the Authority
or its assignee the Annual Payments. The Annual Payments shall be payable without notice or
demand at the address designated by the Bank. In the event of an acceleration of the Bond under
the Agreement, the County agrees to pay to the Bank, subject to the limitation of Section 4.4, an
amount equal to all Annual Payments payable or to become payable under this Support Agreement
to enable the Authority to pay, together with amounts payable under the City Support Agreement,
in full the principal of and interest on the Bond.
(2) The Authority, in conjunction with the County and the City, will determine,
as part of its budget process, by March 1 of each year the Annual Payment to be requested
from, and paid (subject to the limitation of Section 4.4) by, the County for the immediately
succeeding fiscal year. In calculating such payments, the Authority shall use the principal
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amount (if any) due on the Bond in the succeeding fiscal year. In determining the interest
component of the Annual Payment, the Authority shall calculate interest at a rate equal to
the actual fixed rate on the Bond.
(b) Subject to the limitation of Section 4.4, the County agrees to make Additional
Payments to pay one-half of (1) any expenses incurred by the Authority (including reasonable
attorney’s fees and expenses) in connection with (A) its obligations under this Support Agreement
and the other Basic Documents, (B) the issuance of the Bond and (C) any prepayment of the Bond
and (2) all other amounts which the County agrees to pay under the terms of this Support
Agreement, but not including Annual Payments.
Section 4.2. Payments Assigned.
The Authority and the County acknowledge and agree that this Support Agreement and all
Annual Payments and Additional Payments (except the rights of the Authority to receive payment
of its expenses, to receive notices and to give consents) are assigned by the Agreement to the Bank.
The County consents to such assignment and agrees to pay to the Bank all amounts payable by the
County that are so assigned.
Section 4.3. Obligation Unconditional.
Except as otherwise provided in this Support Agreement, including the limitation in
Section 4.4, the obligations of the County to make all Annual Payments and Additional Payments
and to observe all other covenants, conditions and agreements hereunder shall be absolute and
unconditional, irrespective of any right of setoff, recoupment or counterclaim the County may
otherwise have against the Authority, and the County shall not suspend or discontinue any such
Annual Payment or Additional Payment or fail to observe and perform any of its covenants,
conditions and agreements hereunder.
Section 4.4. Appropriations of Annual Payments and Additional Payments.
While recognizing that it is not empowered to make any binding commitment to make
Annual Payments and Additional Payments beyond the current Fiscal Year, the Board in
authorizing the execution of this Support Agreement has stated its intent to make annual
appropriations sufficient to make the Annual Payments and Additional Payments, and as such it is
hereby recognized by the parties hereto that this Support Agreement, to the extent permitted by
law, creates strictly a moral obligation of the County to pay such amounts.
Notwithstanding anything in this Support Agreement to the contrary, the County’s
obligations to pay the cost of performing its obligations under this Support Agreement and the
Agreement, including its obligations to pay all Annual Payments and Additional Payments, shall
be subject to and dependent upon appropriations being made from time to time by the Board for
such purpose; provided, however, that the County Administrator or other officer charged with the
responsibility for preparing the County’s Annual Budget shall include in the budget for each Fiscal
Year as a single appropriation the amount of all Annual Payments and estimated Additional
Payments coming due during such Fiscal Year. Throughout the term of this Support Agreement,
the County Administrator or other officer charged with the responsibility for preparing the
County’s Annual Budget shall deliver to the Bank and the Authority within 10 days after the
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adoption of the Annual Budget for each Fiscal Year, but not later than the beginning of each Fiscal
Year, a certificate stating whether an amount equal to the Annual Payments and Additional
Payments which will come due during such Fiscal Year has been appropriated by the Board in
such budget. If any adopted Annual Budget does not include an appropriation of funds sufficient
to pay both Annual Payments and estimated Additional Payments coming due for the relevant
Fiscal Year, the Board shall take a roll call vote immediately after adoption of such Annual Budget
acknowledging the impact of its failure to appropriate such funds. If, by the beginning of the Fiscal
Year, the Board has not appropriated funds for the payment of both Annual Payments and
estimated Additional Payments coming due for the then current Fiscal Year, the County
Administrator or other officer charged with the responsibility for preparing the County’s Annual
Budget shall give written notice to the Board of the consequences of such failure to appropriate,
including the right of the Bank to accelerate the Annual Payments in accordance with Article VIII,
and request the Board to consider a supplemental appropriation for such purposes.
If at any time the Annual Payments as determined pursuant to Section 4.1(a)(2) are
insufficient to make one-half of the payments of principal and interest due on the Bond, the
Authority (or the Bank as assignee of the Authority) shall notify the County Administrator (or
other officer charged with the responsibility for preparing the County’s Annual Budget) of the
amount of such insufficiency, and the County Administrator shall submit to the Board at its next
regularly scheduled meeting or as promptly as practicable, but in any event within 45 days, a
request for a supplemental appropriation in the amount necessary to cover such insufficiency.
ARTICLE V
PREPAYMENT
Section 5.1. Prepayment.
The County shall have the option to prepay any Annual Payments at the times and in the
amounts as necessary to enable the Authority to exercise its option to cause the Bond to be prepaid
as set forth in such Bond. Such prepayments of Annual Payments shall be made at the times and
in the amounts as necessary to accomplish the optional prepayment of the Bond as set forth in such
Bond. Upon the exercise of such option, the County shall also pay as Additional Payments, the
amounts necessary to pay one-half of the premium, if any, due on the Bond on the date or dates of
prepayment.
The County shall direct the Authority to send to the Bank notice of any prepayment of the
Bond, such notice to the Bank to specify the prepayment date, the principal amount of the Bond to
be redeemed, and the premium, if any. The County shall send to the City a copy of the direction
given to the Authority.
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ARTICLE VI
PARTICULAR COVENANTS
Section 6.1. Limitation of Liability of Directors, etc. of Authority and County.
No covenant, agreement or obligation contained in this Support Agreement shall be
deemed to be a covenant, agreement or obligation of any past, present or future member, officer,
director, employee or agent of the Authority in his or her individual capacity, and neither the
members of the Authority nor any officer thereof executing this Support Agreement shall be liable
personally on this Support Agreement or be subject to any personal liability or accountability by
reason of the execution and delivery hereof. No member, director, officer, employee or agent of
the Authority shall incur any personal liability with respect to any other action taken by him or her
pursuant to this Support Agreement or the Act or any of the transactions contemplated hereby
provided that he or she acts in good faith.
No covenant, agreement or obligation contained herein shall be deemed to be a covenant,
agreement or obligation of any past, present or future Board member or officer, employee or agent
of the County or Board in his or her individual capacity, and neither the members of the Board nor
any officer of the County or Board executing this Support Agreement shall be liable personally on
this Support Agreement or be subject to any personal liability or accountability by reason of the
execution and delivery hereof. No Board member or officer, employee or agent of the County or
Board shall incur any personal liability with respect to any action taken by him or her pursuant to
this Support Agreement or any of the transactions contemplated hereby, provided that he or she
acts in good faith.
Section 6.2. Use of Proceeds.
The Authority and the County shall use the proceeds of the Bond to refinance the 2016
Bond and pay the costs of issuance of the Bond.
Section 6.3. Maintenance of Existence of Authority.
Except for the assignment of its rights under this Support Agreement to the Bank pursuant
to the Agreement, the Authority agrees that it will not assign, transfer or convey its interest in this
Support Agreement or any of the revenues to be derived therefrom. The Authority further agrees
that, until the Bond has been paid in full, the Authority will not (a) dissolve or otherwise dispose
of all or substantially all of its assets, (b) consolidate with or merge into any authority, corporation,
association or other body, (c) permit any other authority, corporation, association or other body to
consolidate with or merge into it, (d) act jointly with any other authority, corporation, association
or other body (other than the City, the County and the Bank) with respect to the transactions
contemplated by this Support Agreement and the Agreement, or (e) take any action or refrain from
taking any action which would (i) permit any of the foregoing to be required by operation of law
or (ii) which would permit it, or require it by operation of law, to avoid its obligations under this
Support Agreement or the Agreement or any other agreement contemplated hereby; provided,
however, that nothing contained in this Section shall prevent the consolidation of the Authority
with, or the merger of the Authority into, or the transfer of the interest of the Authority in this
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Support Agreement as an entirety to, any public corporation whose property and income are not
subject to taxation and which has the corporate authority to carry out the transactions contemplated
by this Support Agreement and the Agreement, but only on the condition that (A) reasonable prior
notice of such consolidation, merger or transfer is given to the City, the County and the Bank, and
(B) upon any such consolidation, merger or transfer, the obligation of the Authority to make due
and punctual payment of the principal of and prepayment premium, if any, and interest on the
Bond and to perform and observe all of the agreements and conditions of this Support Agreement
and the Agreement shall be expressly assumed in writing by the corporation resulting from such
consolidation or surviving such merger or to which the interest of the Authority in this Support
Agreement shall be transferred as an entirety.
Section 6.4. County Covenants.
To assist the Authority in complying with certain of its obligations under the Basic
Documents, the County agrees to provide, in accordance with the specifications provided in the
Agreement, (a) notice of any material litigation with respect to the County, (b) copies to the Bank
of (1) the County’s 2020 Fiscal Year budget, (2) the County’s financial statements within 210 days
of the end of each of the County’s Fiscal Years and (3) future budgets within 60 days of approval,
and (c) any notices of any defaults with respect to any general obligation indebtedness or moral
obligations of the County. The County also agrees to provide such information as maybe
reasonably requested by Bond Counsel in order to comply with any applicable securities disclosure
requirements or other applicable laws and regulations.
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 7.1. Events of Default.
(a) Each of the following events shall be an Event of Default:
(1) Default in the due and punctual payment of an Annual Payment when the
same becomes due and payable and continuation of such failure for a period of five
business days; or
(2) Failure of the County to pay when due any other payment due under this
Support Agreement or to observe and perform any covenant, condition or agreement on its
part to be observed or performed, which failure shall continue for a period of 30 days after
notice is given, or in the case of any such default that cannot with due diligence be cured
within such 30 day period but can be cured within the succeeding 60 days, failure of the
County to proceed promptly to cure the same and thereafter prosecute the curing of such
default with due diligence.
(b) The provisions of the foregoing subparagraph (a)(2) are subject to the limitation
that if by reason of force majeure the County is unable in whole or in part to perform any of its
covenants, conditions or agreements hereunder, the County shall not be deemed in default during
the continuance of such inability. The term “force majeure” as used herein shall include without
limitation acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies;
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orders of any kind of the government of the United States of America or the Commonwealth of
Virginia or any political subdivision thereof or any of their departments, agencies or officials, or
any civil or military authority; insurrections; riots; epidemics; swarms of boll weevils and plagues
of locusts; landslides; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts;
droughts; restraint of government and people; or civil disturbances. The County shall remedy with
all reasonable dispatch the cause or causes preventing the County from carrying out its covenants,
conditions and agreements, provided that the settlement of strikes, lockouts and other industrial
disturbances shall be entirely within the discretion of the County, and the County shall not be
required to make settlement of strikes, lockouts and other industrial disturbances by acceding to
the demands of any opposing party when such course is in the judgment of the County not in its
best interests.
(c) Notwithstanding anything contained in this Section to the contrary, (1) failure by
the County to pay when due any payment required to be made under this Support Agreement or
(2) failure by the County to observe and perform any covenant, condition or agreement on its part
to be observed or performed under this Support Agreement, either of which results from failure of
the County to appropriate moneys for such purposes, as described in Section 4.4, shall not
constitute an Event of Default. Upon any such failure to appropriate, the provisions of Article VIII
shall be applicable.
Section 7.2. Remedies.
Whenever any Event of Default shall have happened and is continuing, the Authority may
take any one or more of the following remedial steps, without further demand or notice: (a) declare
immediately due and payable the entire unpaid principal balance of the Annual Payments due and
thereafter to become due through and including the final installment payment of principal on the
Bond or (b) take whatever action at law or in equity may appear necessary or desirable to collect
the Annual Payments and Additional Payments then due and thereafter to become due, or to
enforce performance and observance of any obligation, agreement or covenant of the County under
this Support Agreement. Any amounts received by the Authority pursuant to the foregoing
provisions shall be applied first to costs, then to any unpaid interest and then to repayment of
principal, and upon payment in full of all amounts due such excess shall be credited to the next
Annual Payment to the extent such Annual Payments have not been paid in full. This provision
shall survive termination of this Support Agreement.
Section 7.3. Reinstatement after Event of Default.
Notwithstanding the exercise by the Authority of any remedy granted by Section 7.2, if all
overdue Annual Payments, together with any interest thereon, and all Additional Payments shall
have been made, and payment on the Bond has not been accelerated or such acceleration has been
waived pursuant to the Agreement, then the County’s default under this Support Agreement shall
be waived without further action by the Authority. Upon such payment and waiver, this Support
Agreement shall be fully reinstated and all Annual Payments will be due and payable in accordance
with the previously determined schedule.
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Section 7.4. No Remedy Exclusive.
No remedy conferred by this Support Agreement upon or reserved to the Authority is
intended to be exclusive of any other available remedy or remedies, but every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a waiver
thereof or acquiescence therein, but any such right and power may be exercised from time to time
and as often as may be deemed expedient.
Section 7.5. No Additional Waiver Implied by One Waiver.
Failure by the Authority at any time to require performance by the County of any provision
hereof shall in no way affect the Authority’s right hereunder to enforce the same, nor shall any
waiver by the Authority of any breach of any provision hereof be held to be a waiver of any
succeeding breach of any such provision, or as a waiver of the provision itself.
Section 7.6. Attorneys’ Fees and Other Expenses.
Subject to the limitation in Section 4.4, the County shall on demand pay to the Authority
and the Bank one-half of the reasonable fees of attorneys and other reasonable expenses incurred
by either of them in the collection of appropriated, but unpaid, Annual Payments or Additional
Payments, or the enforcement of any other obligation of the County, or its agents, upon an Event
of Default.
ARTICLE VIII
REMEDY FOR NONAPPROPRIATION
Section 8.1. Remedy for Nonappropriation.
If by June 21 of any year, the Board has failed to appropriate moneys sufficient for the
payment of Annual Payments and estimated Additional Payments for the following Fiscal Year,
the County Administrator shall give notice to the Authority and the Bank of such failure to
appropriate within 5 Business Days thereafter, and if no such appropriation has been made by the
beginning of such Fiscal Year, the Authority shall declare immediately due and payable the entire
unpaid principal and interest of all Annual Payments due and thereafter to become due through
and including the final payment of principal and interest on any portion of the Bond then
outstanding.
Nothing contained in this Section shall be construed as affecting or superseding in any
manner the provisions of Section 4.4.
12.a.c
Packet Pg. 185 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
12
ARTICLE IX
AGREEMENT; AMENDMENTS; ASSIGNMENT
Section 9.1. Agreement; Covenants.
(a) Contemporaneously with the execution of this Support Agreement, the Authority
has entered into the Agreement with the Bank. The County shall not be obligated to take any notice
of any sale, assignment, reassignment, pledge, mortgage, transfer or other disposition of any
interest in this Support Agreement by the Authority, unless such sale, assignment, reassignment,
pledge, mortgage, transfer or other disposition is undertaken in accordance with Section 6.3 hereof.
(b) Subject to Section 4.4, the County covenants to take whatever action may be
necessary for the Authority to comply with the Authority’s covenants under the Agreement.
(c) The County agrees, for the benefit of the holder of the Bond, to do and perform all
acts and things contemplated in the Agreement to be done or performed by it. The Authority agrees
that it shall not execute or permit any amendment or supplement to the Agreement which affects
any right, power or authority of the County under this Support Agreement or requires a revision
of this Support Agreement without the prior written consent of the County.
Section 9.2. Amendments.
This Support Agreement shall not be supplemented, amended or modified by the parties
hereto prior to the payment in full of the Bond, without the consent of the Bank.
Section 9.3. Assignment.
Simultaneously with the execution of this Support Agreement, the Authority has entered
into the Agreement by which the Authority has assigned all of its rights in and to this Support
Agreement (except its rights to receive payment of its expenses, to receive notices and to give
consents) to the Bank. The County (a) consents to such assignment, (b) agrees to execute and
deliver such further acknowledgments, agreements and other instruments as may be reasonably
requested by the Authority or the Bank to effect such assignment, (c) agrees to make all payments
due to the Authority under this Support Agreement directly to the Bank (except the Authority’s
rights to receive payment of its expenses, to receive notices and to give consents), subject to
Section 4.4, and (d) agrees to comply fully with the terms of such assignment so long as such
assignment is not inconsistent with the provisions hereof.
12.a.c
Packet Pg. 186 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
13
ARTICLE X
MISCELLANEOUS
Section 10.1. Notices.
Unless otherwise provided herein, all demands, notices, approvals, consents, requests,
opinions and other communications hereunder shall be in writing and shall be deemed to have been
given when delivered in person or mailed by first class registered or certified mail, postage prepaid,
addressed (a) if to the County, at 1 Center Street, Chatham, Virginia 24531 (Attention: County
Administrator), (b) if to the Authority, c/o the City as Fiscal Agent, at 427 Patton Street, Danville,
Virginia 24541 (Attention: City Manager) and (c) if to the Bank, 10 South Jefferson Street, 8th
Floor, Roanoke, Virginia 24011 (Attention: Government and Institutional Banking). The County,
the Authority and the Bank may, by notice given hereunder, designate any further or different
addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other
communications shall be sent or persons to whose attention the same shall be directed.
Section 10.2. Severability.
If any provision of this Support Agreement shall be held invalid by any court of competent
jurisdiction, such holding shall not invalidate any other provision hereof.
Section 10.3. Limited Liability of County.
Notwithstanding any provision hereof to the contrary, the obligations of the County
under this Support Agreement are not general obligations of the County, nor shall they be
deemed to be a lending of the credit of the County to the Authority or to any other person or
entity and nothing herein contained is or shall be deemed to be a pledge of the faith and
credit or the taxing power of the County. The obligations of the County hereunder are
payable solely from amounts that are subject to annual appropriation. No officer, official,
employee or agent of the County or Board shall be personally liable on the County’s
obligations hereunder. The Authority shall not be liable under any circumstances for the
actions of the County, as agent for the Authority, or for any actions of the County with
respect to the Basic Documents. The Authority shall not be liable under any circumstances
for the actions of the Bank under the Basic Documents.
Section 10.4. Successors and Assigns.
This Support Agreement shall be binding upon, inure to the benefit of and be enforceable
by the parties and their respective successors and assigns. The Bank is intended to be, and shall
be, a third party beneficiary of this Support Agreement.
Section 10.5. Counterparts.
This Support Agreement may be executed in any number of counterparts, each of which
shall be an original, all of which together shall constitute but one and the same instrument.
12.a.c
Packet Pg. 187 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
14
Section 10.6. Governing Law.
This Support Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Virginia.
Section 10.7. Term of Agreement.
This Support Agreement shall commence on the date of issuance of the Bond and will
terminate on the date that no portion of the Bond is outstanding.
[Remainder of page intentionally left blank.]
12.a.c
Packet Pg. 188 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
[Signature Page to County Support Agreement]
IN WITNESS WHEREOF, the parties have caused this Support Agreement to be duly
executed and effective as of the 1st day of July, 2019, by their duly authorized representatives.
DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
Vice Chairman
COUNTY OF PITTSYLVANIA, VIRGINIA
By:
County Administrator
Seen and agreed to:
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as holder of the Bond
By
Senior Vice President
12.a.c
Packet Pg. 189 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
[Signature Page to County Support Agreement - Receipt]
RECEIPT
Receipt of the foregoing original counterpart of the Support Agreement dated as of July 1,
2019, between the Danville-Pittsylvania Regional Industrial Facility Authority and the County of
Pittsylvania, Virginia, is hereby acknowledged.
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as holder of the Bond
Senior Vice President
099900.07921 EMF_US 74138722v2
12.a.c
Packet Pg. 190 Attachment: RIFA Support Agreement (1627 : RIFA Cane Creek Bond Refinancing Authorization)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Colonial Pipeline Grant Appropriation (Staff Contact: Kimberly G. Van
Der Hyde)
Staff Contact(s): Kim Van Der Hyde
Agenda Date: June 18, 2019 Item Number: 12.b
Attachment(s):
Reviewed By:
SUMMARY:
The County recently received a check in the amount of $10,000 from the Colonial Pipeline for a
Hazmat Grant. These funds will be used by the County’s Public Safety Department to purchase
hazmat supplies.
FINANCIAL IMPACT AND FUNDING SOURCE:
The Colonial Pipeline Grant totaling $10,000 requires no local match, but needs to be
appropriated in the following manner:
• 250-4-032417-601400 Hazmat Supplies $10,000
RECOMMENDATION:
County Staff recommends that the Board appropriate a total of $10,000 to the Grants Fund as
listed above. There is no local match required for this Grant.
MOTION:
“I make a Motion to accept the Colonial Pipeline Grant, and appropriate a total of $10,000 to the
Grants Fund as listed above.”
12.b
Packet Pg. 191
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Radio Tower Project Change Order (Staff Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 18, 2019 Item Number: 12.c
Attachment(s): Change Order
Reviewed By:
SUMMARY:
In November of 2017, the Board of Supervisors awarded the bid for the equipment to be installed
on the new Tunstall Fire Department and Old Mayfield Convenience Center radio towers to
Harris in the amount of $1,184,000. This bid was awarded prior to the construction bids in order
to allow Harris to order the equipment that would have a long lead time. The bid for the
construction of the towers was delayed due to the bid costs being above the projected budget.
Staff spent the next several months negotiating with Black & Veatch to get the project within
budget. Those negotiations were successful and the Board of Supervisors awarded the bid on
June 19, 2018. There was a tremendous amount of preliminary work that needed to be done
prior to the start of construction. One of the major components of this process was to gain
federal approval from the FCC for the tower construction. This approval was delayed due to the
government shutdown and resulted in another 2-3 month delay. On November of 2018, staff was
provided a revised project schedule that indicated the project would be completed by the end of
April 2019. In 2019, staff discovered that additional work would be necessary on the Kentuck
(Dan River Middle School) tower in order to accommodate equipment from the County and 2
cellular companies. Design work had to be completed on these modifications. Construction of
the 2 towers is currently underway and the latest completion date for the towers and the
modifications to Kentuck is August of 2019. Harris cannot begin the installation of the
equipment until the towers are completed and accepted. Attached for your review and
consideration is a request from Harris to approve Change Order 3, which includes an acceptance
date of September 23, 2019. They are also requesting a price increase of $16,275 to cover costs
of equipment storage and continued project support during the delay. They have continued to
monitor the progress on the project and have had staff involved in all of the project meetings to
date. Their portion of the project was originally scheduled to be completed by October 2, 2018.
This puts them almost a year beyond the original schedule. Harris had agreed to prior time
extensions at no cost on September 25, 2018 and January 24, 2019.
FINANCIAL IMPACT AND FUNDING SOURCE:
When the bids were awarded to Black & Veatch in June of 2018, all available loan funds were
utilized to begin the project. Funds for this change order and any additional project costs would
12.c
Packet Pg. 192
have to come from Building Capital or Fund Balance.
RECOMMENDATION:
Staff recommend approval of Change Order 3 with Harris, which increases the contract price by
$16,275.00 and extends the acceptance date to September 23, 2019.
MOTION:
“I make to a Motion to approve Change Order 3 To Amendment No. 6 with Harris in the amount
of $16,275.00 and the extension of the acceptance date to September 23, 2019.”
12.c
Packet Pg. 193
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9friRRIS"
TECHNOLOGY 10 CONNECT,
INFORM AND PROTECT
CHANGE ORDER 3 TO AMENDMENT NO.6
THIS CHANGE ORDER (hereinafter "Change Order") is made and entered into this 5th
day ofJune,2019 by and between The County ofPittsylvania County,Virginia(hereinafter referred
to as "Buyer") and Harris Corporation through its RF Communications Division (hereinafter
referred to as"Seller").
WHEREAS,the parties previously entered into Amendment 01 thru Amendment No. 6 to
the System Purchase Agreement, dated December 20, 2011, for a P25 Radio Communications
System and Change Order 1 to Amendment No. 6 and Change Order 2 to Amendment No. 6 (the
System Purchase Agreement, the amendments, Change Order 1 and Change Order 2 collectivelythe"Agreement");and
WHEREAS,the parties now desire to further amend Amendment 6;
NOW,THEREFORE,for and in consideration of the mutual promises of the parties to this
Amendment and other good and valuable consideration, the receipt of which is hereby
acknowledged,Buyer and Seller hereto do hereby agree as follows:
1. Extension of Time—Seller and Buyer agree to execute a compensable extension of time.
The Project Schedule included in Exhibit A of Change Order 2 is hereby deleted and
replaced in its entirety with Exhibit A—Statement of Work, Project Schedule, Revision 4,
which is attached hereto and incorporated herein as Attachment A.
2. Buyer and Seller agree that additional services are required due to the extension of time in
this Change Order to cover cost of equipment storage and continued project support during
the civils work delay.
3. Change Order Price—The total price for the Extension of Time shall be$16,275.00("Total
Amendment Price").
4. Total Agreement Price—The Total Agreement Price shall be amended as follows:
Description Date Value
Original infrastructure Price December 20,2011 7,344,965.03
Original Terminal Package Price December 20,2011 3,450,034.97
Amendment No. 1 Price March 7,2012 0.00
Amendment No. 2 Price May 2,2013 0.00
Amendment No. 3 Price September 20,2013 28,876.62
Amendment No.4 Price May 6,2014 35,188.00
Amendment No. 5 Price September 26,2014 0.00
Amendment No.6 Price November 28,2017 1,184,000.00
Change Order 1 to Amendment No.6 Price September 25,2018 0.00
Change Order 2 to Amendment No.6 Price January 24,2019 0.00
Change Order 3 to Amendment No.6 Price June 4,2019 16,275.00
Updated Total Agreement Price $12,059,339.62
5. The terms and conditions ofthe original Agreement,except as amended herein,shall remain
in full force and effect.
Page 1 of 3
12.c.a
Packet Pg. 195 Attachment: Change Order (1659 : Radio Tower Project Change Order (Staff Contact: Richard N. Hicks))
TUT/WS*
TECHNOLOGY TO CONNECT,
INFORM AND PROTECT
THEREFORE,Buyer and Seller,through their duly authorized representatives,have executed
this Amendment.
BUYER
SELLER
COUNTY OF PITTSYLVANIA
COUNTY,VIRGINIA HARRIS CORPORATION
RF COMMUNICATIONS DIVISION
By: By:
Name:Name: Andrew Wilson
Title: Title: Contracts Manager
Date: Date: June 5,2019
Attachment(s)
1. Exhibit A—Statement of Work, Project Schedule, Revision 4
Page 2 of 3
12.c.a
Packet Pg. 196 Attachment: Change Order (1659 : Radio Tower Project Change Order (Staff Contact: Richard N. Hicks))
54RRIS°
TECHNOLOGY TO CONNECT,
INFORM AND PROTECT
ATTACHMENT A
EXHIBIT A—STATEMENT OF WORK,PROJECT SCHEDULE,REVISION 4
Page 3 of 3
12.c.a
Packet Pg. 197 Attachment: Change Order (1659 : Radio Tower Project Change Order (Staff Contact: Richard N. Hicks))
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: DCC Board of Trustees; John Mead (Staff Contact:
Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 18, 2019 Item Number: 13.a
Attachment(s): DCC Reappointment Request - John Mead
Reviewed By:
SUMMARY:
The Danville Community College (“DCC”) Board of Trustees is composed of nine (9) Members,
three (3) of which are at-large Members from the County, appointed by the Board. John Mead
currently serves on the DCC Board of Trustees as one such Member. His term will expire on
June 30, 2019, and he is eligible for another four (4)-year term beginning on July 1, 2019.
County Staff received a letter, attached, from Betty Foster, Interim DCC President, requesting
that John Mead be re-appointed.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
13.a
Packet Pg. 204
13.a.a
Packet Pg. 205 Attachment: DCC Reappointment Request - John Mead (1637 : Appointment: DCC Board of Trustees; John Mead (Staff Contact: Kaylyn M.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: DCC Board of Trustees; At-Large Seat (Staff Contact:
Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 18, 2019 Item Number: 13.b
Attachment(s):
Reviewed By:
SUMMARY:
The Danville Community College (“DCC”) Board of Trustees is composed of nine (9) Members,
three (3) of which are at-large Members from the County, appointed by the Board. Mr.
Eastwood has fulfilled his terms on the Danville Community College Board of Trustees, which
will leave a vacancy as of July 1, 2019. This is a four (4)-year term that will begin on July 1,
2019, and is an at-large seat.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
13.b
Packet Pg. 206
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Danville Pittsylvania Community Services Board (Contact:
Supervisor Farmer)
Staff Contact(s): Supervisor Farmer
Agenda Date: June 18, 2019 Item Number: 13.c
Attachment(s):
Reviewed By:
SUMMARY:
The Danville Pittsylvania Community Services Board will have a vacancy as of July 1, 2019.
This is a three (3)-year term, and this appointment will be from the Callands-Gretna District.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
13.c
Packet Pg. 207
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Danville Pittsylvania Community Services Board
(Supervisor Miller)
Staff Contact(s): Supervisor Miller
Agenda Date: June 18, 2019 Item Number: 13.d
Attachment(s):
Reviewed By:
SUMMARY:
The Danville Pittsylvania Community Services Board will have a vacancy as of July 1, 2019.
This is a three (3)-year term, and this appointment will be from the Banister District.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
13.d
Packet Pg. 208
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Library Board; Alice Shelton (Contact: Supervisor
Warren)
Staff Contact(s): Supervisor Warren
Agenda Date: June 18, 2019 Item Number: 13.e
Attachment(s): PCPL Bylaws 2017
Reviewed By:
SUMMARY:
Alice Shelton currently serves on the County’s Library Board as the Chatham-Blairs
Representative. Her term is set to expire on June 30, 2019. She is eligible for another four (4)-
year term beginning on July 1, 2019.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Supervisor Warren recommends the re-appointment of Alice Shelton to the County’s Library
Board as the Chatham-Blairs Representative for another four (4)-year term beginning on July 1,
2019.
MOTION:
“I make a Motion to re-appoint Alice Shelton to the County’s Library Board as the Chatham-
Blairs Representative for another four (4)-year term beginning on July 1, 2019.”
13.e
Packet Pg. 209
3.1
PITTSYLVANIA COUNTY PUBLIC LIBRARY
BY -LAWS OF THE BOARD OF LIBRARY TRUSTEES amended January 10, 1994, February
6, 1998, Apri12, 1999, December 11, 2000; February 11, 2002, December, 2003, amended June,
2013
ARTICLE I: AUTHORITY OF THE BOARD OF LIBRARY TRUSTEES.
SECTION 1: The CODE OF VIRGINIA (42.1-33) states "The governing body of any city,
county, or town shall have the power to establish a free public library for the use and benefit of its
residents. The governing body shall provide sufficient support for the operation of the library by
levying a tax therefore, either by special levy or as a fund of the general levy of the city, county, or
town".
SECTION 2: The CODE further states, "The management and control of a free public library
system shall be vested in a board of not less than five members or trustees. They shall be appointed
by the governing body, chosen from the citizens at large with reference to their fitness for such
office.
SECTION 3: Members of the board shall adopt such by-laws, rules and regulations for their
own guidance and for the government of the free public library system as may be expedient.
SECTION 4: The Board of Library Trustees shall hire a capable, trained library director who
shall meet the qualifications established by the State Library under THE CODE (42.1-15), determine
library policy, secure adequate funding, review and approve the annual budget and expenditure of
library funds. Each trustee shall work actively for the improvement of library service, support library
legislation, and be familiar with State and Federal legislation and standards relative to libraries.
Trustees shall attend board meetings regularly.
The Board of Library Trustees shall at their regular July meeting make appointments to the
Board of Directors of the Pittsylvania Public Library (PPL) Foundation.
ARTICLE ll: MEMBERSHIP.
SECTION 1: Appointing authority, under THE CODE OF VIRGINIA, is the Board of
Supervisors of Pittsylvania County.
SECTION 2: The membership of the Board of Library Trustees shall consist of ten
members. The members shall represent each magisterial district: Banister, Callands-Gretna,
Chatham-Blairs, Dan River, Staunton River, Tunstall, and Westover and the three towns: Chatham,
Gretna and Hurt.
13.e.a
Packet Pg. 210 Attachment: PCPL Bylaws 2017 (1638 : Appointment: Library Board; Alice Shelton (Contact: Supervisor Warren))
2
SECTION 3: All members shall be appointed for terms of four years. Vacancies shall be
filled for unexpired terms as soon as possible in the manner in which members of the board are
regularly chosen. Members shall serve until their successors are appointed.
SECTION 4: Members shall not receive a salary or other compensation for service as a
member but necessary expenses actually incurred may be paid from the library fund, as prescribed by
the CODE OF VIRGINIA.
SECTION 5: A member of the Board of Library Trustees may be removed for misconduct or
neglect of duty by the governing body making the appointment.
SECTION 6: Any member missing more than 50% of the regular meetings of the full board,
except in the case of serious injury or illness, shall be considered negligent of duty. The chairman
shall notify the governing board, requesting the removal of the trustee from the board and the
appointment of another trustee to fill the unexpired term.
ARTICLE III: OFFICERS.
SECTION 1: The officers of the Board of Library Trustees shall be a chairman and vice-
chairman.
SECTION 2: Election of the chairman and vice-chairman shall be held at the annual
meeting. (Article IV, Section 1)
SECTION 3: The office of secretary shall permanently be filled by the library director who
serves, ex-officio, as a non-voting member of the board.
SECTION 4: The chairman shall preside at meetings of the board. In the absence of the
chairman, the vice-chairman shall preside. In case of the incapacitation or resignation of the
chairman, the vice-chairman shall call a meeting of the board and preside until a new chairman is
elected by the board.
The chairman shall serve as the chief executive officer with the authority to handle matters
not requiring a vote of the full board.
The chairman shall be, ex officio, a voting member of all standing and special committees
SECTION 5: The secretary shall prepare the minutes for approval by the board, keep the
permanent minute book and shall give notice in writing of all meetings of the board.
SECTION 6: In addition to the foregoing duties, each officer shall perform the duties which,
by custom and law and the rules of the Board of Library Trustees, shall devolve upon such officers in
accordance with their duties.
13.e.a
Packet Pg. 211 Attachment: PCPL Bylaws 2017 (1638 : Appointment: Library Board; Alice Shelton (Contact: Supervisor Warren))
3.1
ARTICLE IV: MEETINGS.
SECTION 1: The Board of the Library Trustees shall meet monthly on the second Monday
at 5:45 p.m. at the library in Chatham. The first meeting of the fiscal year shall be designated the
annual meeting.
The Executive Committee can be empowered each year at the annual meeting and called at
the discretion of the chairman to meet in lieu of the full board to transact the monthly business of the
board. Such meetings shall not exceed six annually.
SECTION 2: Special meetings may be called by the chairman or upon written request of
three trustees, for the transaction of business as stated in the call. Notice stating the time and place of
any special meeting and the purpose for which it is called shall be given to each trustee at least two
days in advance of the meeting. In the event of an emergency meeting, a Waiver of Notice shall be
signed by the trustees.
:
When business needs to be transacted between regularly scheduled board meetings, it shall be the
prerogative of the chairperson to transact such business with the board by conference call, surface
mail, or electronic mail. Votes held without a physical gathering of board members should be seen as
extraordinary and should be held only to facilitate the smooth conduct of board business. Report of
such action shall be made in writing to all board members.
SECTION 3: A quorum for the transaction of the Board's business shall consist of five
members.
SECTION 4: Suggested order of business.
Action Items
• Call to order
• Reading and approval of minutes
• Additions and approval of agenda
• Financial report
• Operations report
• Actions on policies
Informational Items
• Director’s report
• Committee reports
• Announcements
Adjournment
SECTION 5: Robert's Rules of Order, latest revised edition, shall govern the parliamentary
procedure of the board.
13.e.a
Packet Pg. 212 Attachment: PCPL Bylaws 2017 (1638 : Appointment: Library Board; Alice Shelton (Contact: Supervisor Warren))
4
ARTICLE V: STANDING COMMITTEES
SECTION 1: The standing committees of the Board of the Library trustees shall consist of
an Executive Committee, By-laws Committee, Finance Committee, Marketing Committee, Personnel
Committee, Long Range Planning Committee, and Building Committee.
The chairman of the board shall serve as chairman of the Executive Committee with two other
members elected by the board at the annual meeting.
The other standing committees will consist of a chairman, who is a member of the Board of Trustees,
and at least two other members. Appointment of these committees shall be made by the chairman of
the board at the annual meeting. The chairman shall be, ex officio, a voting member of all standing
committees.
SECTION 2: The standing committees will have the following responsibilities.
Executive Committee shall from time to time conduct the monthly business of the board as instructed
by the Board. The committee further shall be available to advise the director on matters of
interpretation of board policy between regularly scheduled meetings.
By-laws Committee shall annually review the by-laws, making recommendation for amendment
when a majority of the committee votes to do so.
Finance Committee shall recommend policy in the area of the annual budget. If so requested by the
board, the committee shall study and recommend alternate means of funding for the library.
Personnel Committee shall recommend policy in the area of salaries and wages of library personnel,
personnel classification, probationary periods, promotion and retirement provisions. The committee
shall conduct an annual review of the director. In the event the position of the library director
becomes vacant, the committee shall conduct a search for a new director and make a
recommendation to the board.
SECTION 3: The chairman shall have the power to appoint special committees, with the
approval of the board, to undertake such projects as the board shall determine from time to time.
SECTION 4: A quorum for the transaction of business by standing and special committees
shall consist of a majority of members of said committee.
SECTION 5: All meetings of the Board of Library Trustees and its committees must be
transacted in open meetings of which the public has been notified through the media and/or posted in
the library as required by the FREEDOM OF INFORMATION ACT. Exceptions are provided for
legal and personnel matters.
ARTICLE VI: LIBRARY DIRECTOR
SECTION 1: The library director shall be appointed by the Board of Trustees of the Library.
13.e.a
Packet Pg. 213 Attachment: PCPL Bylaws 2017 (1638 : Appointment: Library Board; Alice Shelton (Contact: Supervisor Warren))
3.1
SECTION 2: The Director shall be considered the chief operating officer of the library
system .
SECTION 3: The Director shall attend all board meetings and committee meetings,
except those at which the appointment, salary, or performance of the director is to be discussed or
decided.
ARTICLE VII: DEVIATION.
SECTION 1: Temporary deviation from the by-laws for a specified reason and time may be
approved at any regular meeting of the board with a quorum present provided the deviation has been
stated in the call for the meeting and discussed by the board. Such deviations are not intended as
amendments to the by-laws.
ARTICLE VIII: REVIEW AND AMENDMENT.
SECTION 1: The by-laws shall be reviewed annually.
SECTION 2: On the recommendation of the By-laws Committee, the by-laws can be
amended at any regular meeting of the board with a quorum present, provided the amendment(s) was
stated in the call of the meeting, and discussed by the board. (Article IV, Section 3)
SECTION 3: By-law amendments shall be read twice and approved on the second reading.
ARTICLE IX: APPROVAL OF LIBRARY POLICY
SECTION 1: New and amended policies shall be read twice and approved on the second
reading.
13.e.a
Packet Pg. 214 Attachment: PCPL Bylaws 2017 (1638 : Appointment: Library Board; Alice Shelton (Contact: Supervisor Warren))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Library Board; Shelby Buffington (Contact: Supervisor
Farmer)
Staff Contact(s): Supervisor Farmer
Agenda Date: June 18, 2019 Item Number: 13.f
Attachment(s): PCPL Bylaws 2017
Reviewed By:
SUMMARY:
Shelby Buffington currently serves on the County’s Library Board as the Callands-Gretna
Representative. Her term will expire on June 30, 2019, and she is eligible for another four (4)-
year term beginning on July 1, 2019.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Supervisor Farmer recommends the re-appointment of Shelby Buffington to the County’s
Library Board as the Callands-Gretna Representative for another four (4)-year term beginning on
July 1, 2019.
MOTION:
“I make a Motion to re-appoint Shelby Buffington to the County's Library Board as the Callands-
Gretna Representative for another four (4)-year term beginning on July 1, 2019.”
13.f
Packet Pg. 215
3.1
PITTSYLVANIA COUNTY PUBLIC LIBRARY
BY -LAWS OF THE BOARD OF LIBRARY TRUSTEES amended January 10, 1994, February
6, 1998, Apri12, 1999, December 11, 2000; February 11, 2002, December, 2003, amended June,
2013
ARTICLE I: AUTHORITY OF THE BOARD OF LIBRARY TRUSTEES.
SECTION 1: The CODE OF VIRGINIA (42.1-33) states "The governing body of any city,
county, or town shall have the power to establish a free public library for the use and benefit of its
residents. The governing body shall provide sufficient support for the operation of the library by
levying a tax therefore, either by special levy or as a fund of the general levy of the city, county, or
town".
SECTION 2: The CODE further states, "The management and control of a free public library
system shall be vested in a board of not less than five members or trustees. They shall be appointed
by the governing body, chosen from the citizens at large with reference to their fitness for such
office.
SECTION 3: Members of the board shall adopt such by-laws, rules and regulations for their
own guidance and for the government of the free public library system as may be expedient.
SECTION 4: The Board of Library Trustees shall hire a capable, trained library director who
shall meet the qualifications established by the State Library under THE CODE (42.1-15), determine
library policy, secure adequate funding, review and approve the annual budget and expenditure of
library funds. Each trustee shall work actively for the improvement of library service, support library
legislation, and be familiar with State and Federal legislation and standards relative to libraries.
Trustees shall attend board meetings regularly.
The Board of Library Trustees shall at their regular July meeting make appointments to the
Board of Directors of the Pittsylvania Public Library (PPL) Foundation.
ARTICLE ll: MEMBERSHIP.
SECTION 1: Appointing authority, under THE CODE OF VIRGINIA, is the Board of
Supervisors of Pittsylvania County.
SECTION 2: The membership of the Board of Library Trustees shall consist of ten
members. The members shall represent each magisterial district: Banister, Callands-Gretna,
Chatham-Blairs, Dan River, Staunton River, Tunstall, and Westover and the three towns: Chatham,
Gretna and Hurt.
13.f.a
Packet Pg. 216 Attachment: PCPL Bylaws 2017 (1639 : Appointment: Library Board; Shelby Buffington (Contact: Supervisor Farmer))
2
SECTION 3: All members shall be appointed for terms of four years. Vacancies shall be
filled for unexpired terms as soon as possible in the manner in which members of the board are
regularly chosen. Members shall serve until their successors are appointed.
SECTION 4: Members shall not receive a salary or other compensation for service as a
member but necessary expenses actually incurred may be paid from the library fund, as prescribed by
the CODE OF VIRGINIA.
SECTION 5: A member of the Board of Library Trustees may be removed for misconduct or
neglect of duty by the governing body making the appointment.
SECTION 6: Any member missing more than 50% of the regular meetings of the full board,
except in the case of serious injury or illness, shall be considered negligent of duty. The chairman
shall notify the governing board, requesting the removal of the trustee from the board and the
appointment of another trustee to fill the unexpired term.
ARTICLE III: OFFICERS.
SECTION 1: The officers of the Board of Library Trustees shall be a chairman and vice-
chairman.
SECTION 2: Election of the chairman and vice-chairman shall be held at the annual
meeting. (Article IV, Section 1)
SECTION 3: The office of secretary shall permanently be filled by the library director who
serves, ex-officio, as a non-voting member of the board.
SECTION 4: The chairman shall preside at meetings of the board. In the absence of the
chairman, the vice-chairman shall preside. In case of the incapacitation or resignation of the
chairman, the vice-chairman shall call a meeting of the board and preside until a new chairman is
elected by the board.
The chairman shall serve as the chief executive officer with the authority to handle matters
not requiring a vote of the full board.
The chairman shall be, ex officio, a voting member of all standing and special committees
SECTION 5: The secretary shall prepare the minutes for approval by the board, keep the
permanent minute book and shall give notice in writing of all meetings of the board.
SECTION 6: In addition to the foregoing duties, each officer shall perform the duties which,
by custom and law and the rules of the Board of Library Trustees, shall devolve upon such officers in
accordance with their duties.
13.f.a
Packet Pg. 217 Attachment: PCPL Bylaws 2017 (1639 : Appointment: Library Board; Shelby Buffington (Contact: Supervisor Farmer))
3.1
ARTICLE IV: MEETINGS.
SECTION 1: The Board of the Library Trustees shall meet monthly on the second Monday
at 5:45 p.m. at the library in Chatham. The first meeting of the fiscal year shall be designated the
annual meeting.
The Executive Committee can be empowered each year at the annual meeting and called at
the discretion of the chairman to meet in lieu of the full board to transact the monthly business of the
board. Such meetings shall not exceed six annually.
SECTION 2: Special meetings may be called by the chairman or upon written request of
three trustees, for the transaction of business as stated in the call. Notice stating the time and place of
any special meeting and the purpose for which it is called shall be given to each trustee at least two
days in advance of the meeting. In the event of an emergency meeting, a Waiver of Notice shall be
signed by the trustees.
:
When business needs to be transacted between regularly scheduled board meetings, it shall be the
prerogative of the chairperson to transact such business with the board by conference call, surface
mail, or electronic mail. Votes held without a physical gathering of board members should be seen as
extraordinary and should be held only to facilitate the smooth conduct of board business. Report of
such action shall be made in writing to all board members.
SECTION 3: A quorum for the transaction of the Board's business shall consist of five
members.
SECTION 4: Suggested order of business.
Action Items
• Call to order
• Reading and approval of minutes
• Additions and approval of agenda
• Financial report
• Operations report
• Actions on policies
Informational Items
• Director’s report
• Committee reports
• Announcements
Adjournment
SECTION 5: Robert's Rules of Order, latest revised edition, shall govern the parliamentary
procedure of the board.
13.f.a
Packet Pg. 218 Attachment: PCPL Bylaws 2017 (1639 : Appointment: Library Board; Shelby Buffington (Contact: Supervisor Farmer))
4
ARTICLE V: STANDING COMMITTEES
SECTION 1: The standing committees of the Board of the Library trustees shall consist of
an Executive Committee, By-laws Committee, Finance Committee, Marketing Committee, Personnel
Committee, Long Range Planning Committee, and Building Committee.
The chairman of the board shall serve as chairman of the Executive Committee with two other
members elected by the board at the annual meeting.
The other standing committees will consist of a chairman, who is a member of the Board of Trustees,
and at least two other members. Appointment of these committees shall be made by the chairman of
the board at the annual meeting. The chairman shall be, ex officio, a voting member of all standing
committees.
SECTION 2: The standing committees will have the following responsibilities.
Executive Committee shall from time to time conduct the monthly business of the board as instructed
by the Board. The committee further shall be available to advise the director on matters of
interpretation of board policy between regularly scheduled meetings.
By-laws Committee shall annually review the by-laws, making recommendation for amendment
when a majority of the committee votes to do so.
Finance Committee shall recommend policy in the area of the annual budget. If so requested by the
board, the committee shall study and recommend alternate means of funding for the library.
Personnel Committee shall recommend policy in the area of salaries and wages of library personnel,
personnel classification, probationary periods, promotion and retirement provisions. The committee
shall conduct an annual review of the director. In the event the position of the library director
becomes vacant, the committee shall conduct a search for a new director and make a
recommendation to the board.
SECTION 3: The chairman shall have the power to appoint special committees, with the
approval of the board, to undertake such projects as the board shall determine from time to time.
SECTION 4: A quorum for the transaction of business by standing and special committees
shall consist of a majority of members of said committee.
SECTION 5: All meetings of the Board of Library Trustees and its committees must be
transacted in open meetings of which the public has been notified through the media and/or posted in
the library as required by the FREEDOM OF INFORMATION ACT. Exceptions are provided for
legal and personnel matters.
ARTICLE VI: LIBRARY DIRECTOR
SECTION 1: The library director shall be appointed by the Board of Trustees of the Library.
13.f.a
Packet Pg. 219 Attachment: PCPL Bylaws 2017 (1639 : Appointment: Library Board; Shelby Buffington (Contact: Supervisor Farmer))
3.1
SECTION 2: The Director shall be considered the chief operating officer of the library
system .
SECTION 3: The Director shall attend all board meetings and committee meetings,
except those at which the appointment, salary, or performance of the director is to be discussed or
decided.
ARTICLE VII: DEVIATION.
SECTION 1: Temporary deviation from the by-laws for a specified reason and time may be
approved at any regular meeting of the board with a quorum present provided the deviation has been
stated in the call for the meeting and discussed by the board. Such deviations are not intended as
amendments to the by-laws.
ARTICLE VIII: REVIEW AND AMENDMENT.
SECTION 1: The by-laws shall be reviewed annually.
SECTION 2: On the recommendation of the By-laws Committee, the by-laws can be
amended at any regular meeting of the board with a quorum present, provided the amendment(s) was
stated in the call of the meeting, and discussed by the board. (Article IV, Section 3)
SECTION 3: By-law amendments shall be read twice and approved on the second reading.
ARTICLE IX: APPROVAL OF LIBRARY POLICY
SECTION 1: New and amended policies shall be read twice and approved on the second
reading.
13.f.a
Packet Pg. 220 Attachment: PCPL Bylaws 2017 (1639 : Appointment: Library Board; Shelby Buffington (Contact: Supervisor Farmer))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Legislative Committee Action Items (Staff Contact: J. Vaden Hunt, Esq.)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: June 18, 2019 Item Number: 14.a
Attachment(s): 06-11-2019-LC After-Action Report
Reviewed By:
SUMMARY:
The Board’s Legislative Committee (“LC”) met on June 4, 2019. A copy of a LC After-Action
Report is attached detailing what occurred at said Meeting.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the full Board follow the LC’s unanimous recommendations and
authorize the advertisement of the following Public Hearings for the July Business Meeting: (1)
Lack of Control of Companion Animal Ordinance; and (2) the Ordinances relating to the
following five (5) Virginia Code Sections that the Honorable Michael Taylor, Sheriff, desires to
add to the County Code: (a) Virginia Code § 15.2-1716.1, Reimbursement of Expenses Incurred
in Responding to Terrorism Hoax Incident, Bomb threat, or Malicious Activation of Fire Alarm;
(b) Virginia Code § 15.2-1716.2, Methamphetamine Lab Cleanup Costs; Localities may Charge
for Reimbursement; (c) Virginia Code § 15.2-1717, Preventing Interference with Pupils at
Schools; (d) Virginia Code § 15.2-1717.1, Designation of Police to Enforce Trespass Violations;
and (e) Virginia Code § 15.2-1719, Disposal of Unclaimed Property in Possession of Sheriff or
Police.
MOTION:
“I make a Motion authorizing County Staff advertise the above-detailed Public Hearings to be
held at the July Business Meeting.”
14.a
Packet Pg. 221
LEGISLATIVE COMMITTEE AFTER-ACTION REPORT
Below please find an After-Action Report for the June 4, 2019, Legislative Committee
LC") Meeting:
I. Review of Proqosed Enterqrise Zone Amendments
Matthew D. Rowe, Economic Development Director, reviewed proposed changes to the
County's Enterprise Zones ("EZ"). Discussion occurred regarding adding Hargrave Military
Academy to EZ 57. Following said discussion, the LC unanimously recommended to the full BOS
that Hargrave Military Academy be added to EZ 57, and the revised EZ changes be re-advertised
and re-noticed for a Public Hearing for potential adoption at the July BOS Business Meeting.
II. Review of Proposed Fire and Rescue Ordinance
Christopher C. Slemp, Public Safety Director, reviewed a proposed Fire and Rescue
Ordinance that an Ad Hoc Committee has been working on for approximately eighteen (18)
months. Slemp identified suggested County Staff changes detailed in the redlined version of said
Ordinance attached as Exhibit l. Following discussion, the LC endorsed the recommended
Ordinance changes and, following sending the revised Ordinance back to the Ad Hoc Committee
and EMAC for review and comment, unanimously recommended to the full BOS that the proposed
Fire and Rescue Ordinance be advertised for a Public Hearing for potential adoption at the July
BOS Business Meeting.
III. Discussion of Potential Revisions to Dog Control Areas Ordinance
Christopher C. Slemp, Public Safety Director, discussed issues concerning the County's
current Running at Large Restrictions in Designated Areas (Pittsylvania County Code ("PCC") §
2-22). Specifically, discussed were several issues identiiied by County Staff, attached as Exhibit
2, that may improve said Ordinance and better align it with its intended purpose. Following
discussion, the LC unanimously recommended County Staff incorporate the suggested revisions
detailed in Exhibit 3 into the Running at Large Restrictions in Designated Areas Ordinance and
bring the revised version back to the LC for future review and discussion.
IV. Review of Potential Lack of Control of Comaanion Animal Ordinance
J. Vaden Hunt, Esq., County Attorney, reviewed a proposed Lack of Control of Companion
Animal Ordinance (PCC § 2-26). Said Ordinance, attached as Exhibit 3, has been reviewed by a
representative from the County's agricultural community and tacitly supported. Following
discussion, the LC unanimously recommended to the full BOS that the proposed Lack of Control
of Companion Animal Ordinance be advertised for a Public Hearing for potential adoption at the
July BOS Business Meeting.
V. Discussion of Proposed PCC Additions Requested bv Sheriff
14.a.a
Packet Pg. 222 Attachment: 06-11-2019-LC After-Action Report (1645 : Legislative Committee Action Items (Staff Contact: J. Vaden Hunt, Esq.))
The Honorable Michael Taylor, Sheriff, discussed and reviewed the following five (5)
Virginia Code Sections, attached as Exhibit 4, that he desires to potentially added to the PCC: (1)
Virginia Code § 15.2-1716.1, Reimbursement of Expenses Incurred in Responding to Terrorism
Ho Incident, Bomb threat, or Malicious Activation of Fire Alarm; (2) Virginia Code § 15.2-
1716.2, Methamphetamine Lab Cleanup Costs; Localities may Charge for Reimbursement; (3)
Virginia Code § 15.2-1717, Preventing Interference with Pupils at Schools; (4) Virginia Code §
15.2-1717.1, Designation of Police to Enforce Trespass Violations; and (5) Virginia Code § 15.2-
1719, Disposal of Unclaimed Property in Possession of Sheriff or Police. Following discussion,
the LC unanimously recommended to the full BOS that the above-referenced Virginia Code
Sections be advertised for a Public Hearing for potential adoption at the July BOS Business
Meeting.
14.a.a
Packet Pg. 223 Attachment: 06-11-2019-LC After-Action Report (1645 : Legislative Committee Action Items (Staff Contact: J. Vaden Hunt, Esq.))
PITTSYLVANIA COUNTY CODE
CHAPTER 11
PUBLIC SAFETY
ARTICLE I. GENERAL.
SEC.11-1. ESTABLISHMENT OF THE PITTSYLVANIA COUNTY DEPARTMENT OF
PUBLIC SAFETY.
a) In order to help ensure the protection of the citizens, visitors, and property of
Pittsylvania County, Virginia (the "County"), and to afford all emergency services personnel
the full benefit of the law, it has been deemed necessary to organize the emergency services
operations within the County under a Department of Public Safety.
b) All current references to the existing Department of Emergency Services shall be
carried forward as meaning the same as the Department of Public Safety.
c) In order to effectively carry out the provisions of subsection (a) of this Section, the
County Department of Public Safety shall be created in place of the existing Department of
Emergency Services.
d) The adoption of this Chapter by the Pittsylvania County Board of Supervisors formally
abolishes the Fire/Rescue Medical Services Advisory Committee ("EMAC") previously created
by/in Pittsylvania County Code ("PCC") § 31-3.1 and all other references to EMAC contained in
any other PCC Section(s).
SEC. 11-2. ESTABLISHMENT OF THE FIRE & EMS COMMISSION.
a) Establishment: The Board of Supervisors hereby creates and establishes the Fire and EMS
the "Commission").
b) Purpose: The Commission provides recommendations regarding the County's Fire and
EMS systems in the County; oversees strategic planning efforts; and provides a rnechanism for
collaboration and coordination among the Public Safety Department, volunteer fire companies and
rescue squads, and the Board of Supervisors on issues impacting fire, and emergency medical
services. The Commission shall work ' with the Public Safety Director or his
designee on these issues, and the Public Safety Department shall provide staff support to the
Commission. The Commission shall submit such recommendations and reports to the Board of
Supervisors as needed. The Commission shall assist with the development of the Fire and Rescue
Services' Annual Budget and Capital Iinprovement Plan. "I'he Cominission shall also serve as the
Coun ."s Departtnent of Public Safet_y's pat•tner. To ether, thev shal( serve as a centralized until
responsible to tl e Board of Supervisors for all Fire and EMS issues throu hout the Count.
Page 1 of 21
14.a.a
Packet Pg. 224 Attachment: 06-11-2019-LC After-Action Report (1645 : Legislative Committee Action Items (Staff Contact: J. Vaden Hunt, Esq.))
c) Membership Composition; Term:
1) The Commission shall be composed of nine (9) at-large Members appointed by
the Board of Supervisors as follows: One (1) Member from a Fire Department located West of
Highway 29 and North of Highway 57 and one (1) citizen at large from the same area; One (1)
Fire Department Member from a Fire Department located East of Highway 29 and North of
Highway 57 and one (1) citizen at large from the same area; One (1) Member of a Fire Department
East of Highway 29, South of R and L Smith Road to its intersection with Franklin Turnpike, East
of Franklin Turnpike, and East of the City of Danville, and South of Highway 57 and one (1)
citizen at large from the same area; One (1) member from a Fire Department West of Highway 29,
North of R and L Smith Road, West of Franklin Turnpike and West of the City of Danville and
South of Highway 57 and one (1) citizen at large from the same area; One (1) Member from
previous four (4) Departments must represent a Department that does transport EMS; and one (1)
Member shall be from the Board of Supervisors. All the aforementioned appointed Commission
Members shall have full and complete voting rights. The Director of Public Safety and one (1)
Member from the County's Fire and Rescue Association shall serve as an ex-officio Members with
no voting rights. The Director of Public Safety shall be the Commission's Staff
Representative. Fire and Rescue Members appointed to the Commission must be from Fire and
Rescue Agencies that are in good standing with the County and meeting all standards as set forth
by the same. The Fire and Rescue Agencies within each quadrant of the County; as set forth in
this Ordinance, shall recommend three (3) Fire and Rescue Members for potential appointment by
Board of Supervisors. The Fire and Rescue Agencies may also recommend the citizens at large
for appointment by the Board of Supervisors. However, the Board of Supervisors shall have full
authority to appoint any and all citizen appointees to the Commission.
2) Terms: Determined by a drawing of lots at the Commission's first Organizational
Meeting, the nine (9) appointed members shall be appointed for initial terms as follows: 3, 1-year
terms, 3, 2-year terms, and 4, 4-year terms, and, thereafter, each member shall serve for four (4)
year terms.
3) Meetin Governance; Meeting Schedule: The Commission shall adopt bylaws and
rules ofprocedures, as it deems appropriate, to govern the conduct of its business. Meetings shall
be held as scheduled, not less than bi-monthly.
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Page 2 of 21
14.a.a
Packet Pg. 225 Attachment: 06-11-2019-LC After-Action Report (1645 : Legislative Committee Action Items (Staff Contact: J. Vaden Hunt, Esq.))
Page 3 of 21
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SEC. 11-3. APPOINTMENT OF A DIRECTOR OF PUBLIC SAFETY.
a) The County Administrator, with input from the commission, shall hire and appoint a
Director of Public Safety to carry out the responsibilities of the Department of Public Safety.
Said Director shall in turn report to and be responsible to the County Administrator.
b) Effective upon adoption of this Chapter, the current Emergency Services Coordinator
shall also become the Director of Public Safety, while also maintaining the position and duties
of Emergency Services Coordinator.
SEC.11-4. RESPONSIBILITY AND AUTHORITY OF THE DEPARTMENT OF PUBLIC
SAFETY.
a) The Department of Public Safety in conjunction with the commission shall provide
overall direction and control of the Public Safety Divisions to carry out the provisions of
Section 11-1(a) of this Chapter.
b) The Department of Public Safety shall be responsible for the promulgation of the
Pittsylvania County Emergency Operations Plan and all laws, standard operating procedures,
and other directives to help ensure that the provisions of said documents are provided for.
c) The Department of Public Safety shall have the authority to carry out its
responsibilities as authorized by the Board of Supervisors and will be afforded all of the
authority and protection of applicable laws and ordinances.
SECS. 11-5 -11-10. Reserved.
ARTICLE II. FIRE PREVENTION AND PROTECTION.
DIVISION l. FIRE DIVISION.
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SEC. 11-11. ESTABLISHMENT OF COUNTY FIRE DIVISION.
a) In order to effectively carry out the provisions of Section 11-1(a) of this Chapter, and
in order to provide all emergency services personnel with the full benefit of privileges, rights,
and remedies available to them under law, a County Fire Division is hereby established to
mitigate the effects of iire, hazardous materials, and explosions.
b) The following organizations and groups are hereby ofiicially recognized as entities of
the Department of Public Safety, Fire Division:
ST 1- 16: Reserved for Public Safety
ST 17: Dry Fork Fire Department
ST 21: Chatham Fire Department
ST 22: Gretna Fire Department
ST 23: Ringgold Fire Department
ST 24: Kentuck Fire Department
ST 25: Tunstall Fire Department
ST 26: Renan Fire Department
ST 27: Mt. Cross Fire Department
ST 29: Riceville-Java Fire Department
ST 30: Bachelors Hall Fire Department
ST 31: Hurt Fire Department
ST 32: Climax Fire Department
ST 33: Mt. Herman Fire Department
ST 34: Blairs Fire Department
ST 35: Callands Fire Department
ST 36: Laurel Grove Fire Department
ST 37: Brosville Fire Department
ST 38: Cascade Fire Department
ST 39: Cool Branch Fire Department
ST 40: Riverbend Fire Department
ST 42: Keeling Fire Department
c) Each of the aforementioned Fire Departments shall be designated with a Boundary
Service Fire District. Each of the aforementioned Fire Departments shall be required to enter
into a Department Service Memorandum of Agreement (the "Fire MOA") with the Board of
Supervisors. If any aforementioned Fire Departments fail to maintain its corporate status, or
otherwise fails to comply with any applicable regulations, contracts, SOG's, or policies of the
Department of Public Safety, the Board of Supervisors for said cause, or for other good cause
as solely determined by the Board of Supervisors, which shall be deemed sufficient, may
remove said Fire Department as an officially recognized entity by a majority vote of the Board
of Supervisors.
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d) Each Fire Department shall have a Chief, standardized line officers, and a membership
roster. Said roster shall be provided semi-annually to the Department of Public Safety.
e) The following organization and group is hereby ofiicially recognized as non-
jurisdictional entity which is authorized to provide services for the County's Department of
Public Safety, Fire Division: The Smith Mountain Lake Marine Fire Company. The
Department of Public Safety may enter into a contract with said organization to provide
services on a routine basis as authorized by the Board of Supervisors. Additionally, the
County may enter into Mutual Aid Agreements with surrounding jurisdictions and agencies
when deemed appropriate to do so by the Board of Supervisors.
Each of the above-mentioned organizations shall be assigned response areas that
provide the best services to County citizens. These response areas shall be maintained in
writing by the Department of Public Safety, a copy of which will be posted in the Emergency
Communications Center and be made available to the public. The Department of Public Safety
may amend or change these boundaries from time-to-time to provide the best services
available.
SEC. 11-12. RESPONSIBLE TO THE DEPARTMENT OF PUBLIC SAFETY.
a) Each of the organizations and groups mentioned in Sections 11-11(b) and (e) of this
Chapter shall be responsible to the Department of Public Safety, and will carry out their
assigned tasks to the best of their abilities.
b) Each Fire Department shall appoint a Department Chief who shall be responsible for
the overall direction and control of Fire Department activities within their respective primary
response areas. Additionally, said Department Chief shall ensure that their organization
complies with all of the provisions of applicable laws, ordinances, and standard operating
procedures implemented by the Department of Public Safety, and shall be directly responsible
to the Director of Public Safety, or his designee.
SEC. 11-13. RESPONSIBILITIES AND AUTHORITY.
a) All officially recognized members of the organizations and groups mentioned above
shall perform their respective duties, as outlined in standard operating procedures, applicable
laws, and ordinances, to the best of their abilities.
b) All officially recognized members of the organizations and groups mentioned above
shall be subject to the procedures and practices established by the Department of Public Safety
and other applicable laws and ordinances.
c) While performing in their official capacity, each of the members of the organizations
and groups mentioned above shall have the authority to carry out their respective assignments
as provided for in applicable laws, ordinances, and standard operating procedures.
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SEC. 11-14. FIRE PERSONNEL AFFORDED CERTAIN PRIVILEGES. RIGHTS, AND
REMEDIES.
When providing services in their official capacity, and acting within the guidelines of the
Department of Public Safety, all officially recognized members of the organizations and groups
mentioned above shall be afforded all of the privileges, rights, and remedies available to them
under law.
SEC. 11-15. AUTHORITY OF CHIEF OR OTHER OFFICER IN CHARGE WHEN
ANWERING ALARM; PENALTY FOR REFUSAL TO OBEY ORDERS.
While any fire department or fire company is in the process of answering an alarm where there is
imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of
hazardous materials that threaten life or property and returning to the station, the chief or other
ofiicer in charge of such fire department or fire company at that time shall have the authority to (i)
maintain order at such emergency incident or its vicinity, including the immediate airspace; (ii)
direct the actions ofthe firefighters at the incident; (iii) notwithstanding the provisions of Virginia
Code §§ 46.2-888 through 46.2-891, keep bystanders or other persons at a safe distance from the
incident and emergency equipment; (iv) facilitate the speedy movement and operation of
emergency equipment and firefighters; (v) cause an investigation to be made into the origin and
cause ofthe incident; and (vi) until the arrival of a police officer, direct and control traffic in person
or by deputy and facilitate the movement of traffic. The fire chief or other officer in charge shall
display his firefighter's badge or other proper means of identification.
Notwithstanding any other provision of law, this authority shall extend to the activation of traffic
control signals designed to facilitate the safe egress and ingress of emergency equipment at a fire
station. Any person or persons refusing to obey the orders of the chief or other officer in charge at
that time is guilty of a Class 4 misdemeanor. The chief or other officer in charge shall have the
power to make arrests far violation of the provisions of this section. The authority granted under
the provisions of this section may not be exercised to inhibit or obstruct members of law-
enforcement agencies or emergency medical services agencies from performing their normal
duties when operating at such emergency incident, nor to conflict with or diminish the lawful
authority, duties, and responsibilities offorest wardens, including but not limited to the provisions
of Virginia Code, Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1.
Personnel from the news media, such as the press, radio, and television, when gathering the news
may enter at their own risk into the incident area only when the officer in charge has deemed the
area safe and only into those areas ofthe incident that do not, in the opinion ofthe officer in charge,
interfere with the fire department or fire company, firefighters, or emergency medical services
personnel dealing with such emergencies, in which case the chief or other officer in charge may
order such person from the scene of the emergency incident.
SEC. 11-16. RECOGNIZED ORGANIZATION TO REPRESENT FIRE AND RESCUE
AGENCIES WITHIN THE COUNTY.
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The Pittsylvania County Fire and Rescue Association ("PCFRA"), is hereby officially recognized
as representing the collective of agencies that provide Fire and EMS Services as referenced in
Sections 11-11(b) and 11-71(b) of this Chapter. The PCFRA and the Public Safety Director, or
his/her appointee, shall work in conjunction to carry out the day-to-day operations of the Division.
The PCFRA President, or other PCFRA appointed representative, shall be recognized at every
Advisory Board meeting to report and update on matters concerning the PCFKA.r„*, ';r •,a
es . The PCFRA shall annually provide, upon election, a list of Officers to the
Commission no later than thirty (30) days from any election.
SEC. 11-17. LIMITATION ON BURNING BRUSH, LEAVES, ETC., BETWEEN
FEBRUARY 15 AND APRIL 30 AND IN GENERAL.
a) During the period beginning February 15 and ending Apri130 of each year, it shall be
unlawful for any person to set iire to brush, leaves, grass, debris, or any field containing dry
grass or other inflammable material capable of spreading fire located in or within three (300)
hundred feet of any woodland or brush land, except between the hours of4:00 p.m. and 12:00
midnight.
b) When it is deemed necessary at the Director of Public Safety's sole discretion, an open
burning ban may be imposed on the entire County, or sections ofthe County, when conditions
exist that would make open burning a threat to life or property, at any time during the year.
c) A violation of this Section shall constitute a Class 1 Misdemeanor.
SEC. 11-18. PARTICIPATION BY CERTAIN MINORS IN VOLUNTEER FIRE
COMPANY ACTIVITIES.
Pursuant to the authority contained in Section 40.1-79.1, Code of Virginia, 1950, as amended,
the County hereby authorizes any minor, sixteen (16) years of age or older, with parental or
guardian approval, to work with or participate fully in all activities ofa Volunteer Fire Company,
provided such minor has attained certification under National Fire Protection Association 1001,
Level One, Fire-Fighter Standards, as administered by the State Department of Fire Programs.
Any trainer or instructor of such minor, or any member of a paid or Volunteer Fire Company
who supervises such minor, shall be exempt from the provisions of the aforementioned Section
of the Code of Virginia, provided the Volunteer Fire Company or the Board of Supervisors has
purchased insurance which provides coverage for injuries to, or the death of, such minor in the
performance of activities under this Section.
SECS. 11-19 -11-35. Reserved.
DIVISION 2: STATEWIDE FIRE PREVENTION CODE; LOCAL FIRE PREVENTION.
SEC. 11-36. ADOPTION OF THE STATEWIDE FIRE PREVENTION CODE.
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In order to provide the best fire prevention activities available to the County, the Virginia
Statewide Fire Prevention Code is hereby adopted in the County by the Board of Supervisors.
SEC. 11-37. APPOINTMENT OF A LOCAL/FIRE MARSHAL.
a) In order to carry out the provisions of the Virginia Statewide Fire Prevention Code
adopted by the Commonwealth of Virginia, and other related Virginia Code Sections, a local
Fire Official/Fire Marshal shall be appointed. If Police Powers are not granted, pursuant to
Section 11-38 herein, the Director ofPublic Safety may appoint Fire Investigators/Inspectors.
b) The Public Safety Director shall appoint the local Fire Marshal. In the event said
position is vacant, the Director of Public Safety may appoint a Deputy Fire Marshal to serve
as the interim local Fire Marshal.
SEC 11-38. POWERS; OFFICE OF FIRE MARSHAL.
a) The Fire Marshal, and all duly appointed assistants, shall be authorized to order
immediate compliance with the provisions of this Chapter, and to exercise all powers authorized
hereunder.
b) In addition to such other duties as may be prescribed by law, the local Fire Marshal,
and those assistants appointed pursuant to Section 27-36, Code of Virginia, 1950, as amended,
designated by the Fire Marshal, shall have the same police powers as a sheriff, police officer, or
law-enforcement officer to include the authority to arrest, to procure and serve warrants ofarrest
and search warrants, and to issue summons in the investigation and prosecution of all related
offenses involving the violation of fire prevention and fire safety laws and related ordinances,
hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such
offenses, possession and manufacture of explosive devices, substances, and fire bombs.
c) The police powers granted in this Section shall not be exercised by the Fire Marshal or
any assistant until such person has satisfactorily completed a course for Fire Marshals with
police powers, which course shall be approved by the Virginia Fire Services Board. In addition,
the Fire Marshal, and those assistants with police powers, shall continue to exercise those
powers only upon satisfactory participation in in-service and advanced courses and programs,
which courses shall be approved by the Virginia Fire Services Board. The Fire Marshal and his
assistants, before entering upon their duties, shall respectively take an oath, pursuant to Title 27,
Code of Virginia, 1950, as amended.
SEC. 11-39. RESPONSIBILITY AND AUTHORITY OF THE LOCAL FIRE MARSHAL.
The local Fire Marshal/Fire Inspector-Investigator shall have responsibility and authority as
outlined in the Statewide Fire Prevention Code and the Code of Virginia.
SEC. 11-40. AUTHORITY TO APPOINT DEPUTY FIRE MARSHAL.
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a) When it is deemed necessary by the local Fire Administrator, and approved by the
County Administrator, a Deputy Fire Marshal(s) may be appointed to carry out the
requirements of the Statewide Fire Prevention Code and Title 27 of the Code of Virginia,
1950, as amended.
b) Deputy Fire Marshals shall be afforded all of the privileges, rights, and remedies
available to them under law when acting in their official capacity as directed by the local Chief
Fire Administrator.
SEC. 11-41. LOCAL BOARD OF FIRE PREVENTION CODE APPEALS.
The County Board of Building Code Appeals shall be designated as the Appeals Board to hear
grievances arising from the application of the County Fire Prevention Code.
SEC. 11-42. ADMINISTRATIVE PRACTICES.
The Fire Marshal shall establish such procedures or requirements as may be necessary for
administration and enforcement of this Ordinance. The procedures shall be approved by the
Director of Public Safety.
SEC. 11-44. FIRE INSPECTION FEES.
The Fire Marshal, or his designee, shall have the ability to charge and collect fire inspection fees.
A schedule of said fees shall be established annually by the Commission and approved by the
Board of Supervisors.
SECS. 11-45 -11-70. RESERVED.
ARTICLE III. EMERGENCY MEDICAL AND RESCUE SERVICES.
SEC. 11-71. ESTABLISHMENT OF A COUNTY EMS DIVISION.
a) To effectively carry out the provisions of Section 11-1(a) of this Chapter, and to
provide all emergency services personnel with the full benefit of privileges, rights, and
remedies available to them under law, a County EMS Division is hereby established to
mitigate the effects of accidents, disasters, and other medically and rescue-oriented emergency
situations.
b) The following organizations and groups are hereby officially recognized as entities of
the County Department of Public Safety, EMS Division:
SQ 1- 8: Reserved for Public Safety
SQ 10: Gretna Rescue
SQ 12: Chatham Rescue
SQ 13: Cool Branch Rescue
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SQ 14: 640 Community Rescue
SQ 16: Angel Search & Rescue
SQ 23: Ringgold Fire & Rescue
SQ 25: Tunstall Fire & Rescue
SQ 27: Mt. Cross Fire & Rescue
SQ 30: Bachelors Hall Fire & Rescue
SQ 33: Mt. Herman Fire & Rescue
SQ 34: Blairs Fire & Rescue
SQ 35: Callands Fire & Rescue
SQ 37: Brosville Fire & Rescue
c) Each of the aforementioned EMS Departments shall be designated with a Boundary
Service EMS District. Each of the aforementioned EMS Departments shall be required to
enter into a Service Department Memorandum of Agreement (the "EMS MOA") with the
Board of Supervisors. If any aforementioned EMS Departments fail to maintain its corporate
status, or otherwise fails to comply with any regulations, contracts, SOG's, or policies of the
Department ofPublic Safety, the Board of Supervisors for said cause, or for other good cause
as solely determined by the Board of Supervisors, which shall be deemed sufficient, may
remove said EMS Department as an officially recognized entity by a majority vote of the
Board of Supervisors.
d) Each EMS Department shall have a Chief, standardized line officers, and a
membership roster. Said roster shall be provided semi-annually to the Department of Public
Safety.
e) The following organizations and groups are hereby officially recognized as non-
jurisdictional entities which are authorized to provide services for the County's Department
of Public Safety, EMS Division: SQ 09: North Halifax Fire & Rescue; and SQ 20: Danville
Life Saving Crew and any county contracted ambulance provider. The Department of Public
Safety may enter into contracts with these organizations to provide services on a routine basis
as authorized by the Board of Supervisors. Additionally, the County may enter into Mutual
Aid Agreements with surrounding jurisdictions and agencies when it is deemed appropriate to
do so by the Board of Supervisors.
Each of the above-mentioned organizations shall be assigned response areas that
provide the best services to County citizens. These response areas shall be maintained in
writing by the Department of Public Safety, a copy of which will be posted in the
Communications Center and available to the public. The Department of Public Safety may
amend or change these boundaries from time-to-time to provide the best services available.
SEC. 11-72. RESPONSIBLE TO THE DEPARTMENT OF PUBLIC SAFETY.
a) Each of the organizations and groups mentioned in Section 11-71 (b) and (e) shall be
responsible to the Department of Public Safety, and will carry out their assigned tasks to the
best of their abilities.
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b) Each EMS organization shall appoint a District Chief/Captain, who shall be
responsible for the overall direction and control of EMS service activities within their
respective primary response areas. Additionally, the Chief/Captain shall ensure that their
organization complies with all of the provisions of applicable laws, ordinances, and standard
operating procedures implemented by the Department of Public Safety, and shall be directly
responsible to the Director of Public Safety, or his designee.
SEC. 11-73. RESPONSIBILITIES AND AUTHORITY.
a) All officially recognized members of the organizations and groups mentioned above
shall perform their respective duties, as outlined in standard operating procedures and
applicable laws and ordinances, to the best of their abilities.
b) All officially recognized members of the organizations and groups mentioned above
will be subject to the procedures and practices established by the County Department ofPublic
Safety and other applicable laws and ordinances.
c) While performing in their official capacity, each of the members of the organizations
and groups mentioned above shall have the authority to carry out their respective assignments
as provided for in applicable laws, ordinances, and standard operating procedures.
SEC. 11-74. EMS PERSONNEL AFFORDED CERTAIN PRIVILEGES, RIGHTS, AND
REMEDIES.
When providing services in their official capacity and acting within the guidelines of the
Department of Public Safety, all officially recognized members of the organizations and groups
mentioned above shall be afforded all of the privileges, rights, and remedies available to them
under law.
SEC. 11-75. OBEDIENCE TO ORDERS OF THE SENIOR OFFICER IN CHARGE AT
SCENE OF ACCIDENTS. DISASTERS, AND OTHER MEDICALLY AND RESCUE-
ORIENTED INCIDENTS.
Every person present at the scene of an accident, or other medically or rescue-oriented incident,
shall be obedient to the orders of the Senior Officer in Charge in any matter relating to removal
and protection of persons and property endangered; freedom of rescue squad, medical personnel
and apparatus to perform their duties or to function properly; and the maintenance of order at or
near the scene of an accident or other medically or rescue-oriented incident, and it shall be
unlawful and a Class 1 Misdemeanor for any person to disobey any such order of the Senior
Officer in Charge. The Senior Officer in Charge shall have authority to arrest persons who
disobey such orders and to hold them in custody until the incident or danger is abated, at which
time the violator shall be dealt with according to law.
SECS. 11-76 -11-80. RESERVED.
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ARTICLE IV. RECOVERY OF EXPENSES FOR RESPONSE TO CERTAIN
EMERGENCY CALLS.
SEC. 11-81. HAZARDOUS MATERIALS INCIDENTS.
a) The Department of Public Safety shall make every attempt to recover expenses
incurred while performing official duties at the scene of a hazardous materials incident.
b) When the incident requires the resources of the County Department of Public Safety
or any county volunteer iire or rescue agencies, the responsible party shall be responsible for
reimbursement of expenses directly to the County Department of Public Safety for all
expendable items used, apparatus, equipment, and personnel charges at a fee for service set
by the Board of Supervisors.
c) Monies recovered from such incidents shall be appropriated back to the responding
Departments and/or the Public Safety Department to help replace items used, and provide for
partial funding of capital projects required to maintain and operate the hazardous materials
response capabilities within the County.
c) When the resources used involve both County resources and resources of another
jurisdiction, agency, or the State, the funds shall be recovered using the same rates as
established in paragraph (b) above. Pursuant to State Statute, in this instance, the Virginia
Department of Emergency Management has the responsibility to collect for any expenses
incurred for state resources.
SEC. 11-82. NEGLIGENT AND UNLAWFUL ACTS.
a) The Department of Public Safety shall make every attempt to recover expenses
incurred while performing official duties at the scene of a negligent or unlawful act as
determined by a court of competent jurisdiction.
b) When the resources used involved both County resources and resources of another
jurisdiction, agency, or the State, the funds shall be recovered using the same rates as
established in Section 11-81(c) ofthis Chapter. If requested to do so, the Department of Public
Safety is authorized to reimburse other jurisdiction and agencies their funds collected by the
County as a result of the same incident.
c) Monies recovered from such incidents shall be appropriated back to the Department of
Public Safety to help replace items used, and provide for partial funding of capital projects
required to maintain and operate the emergency services response capabilities within the
County.
SEC. 11-83. SERVICE FEE FOR EMERGENCY AMBULANCE TRANSPORT
PROGRAM.
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a) Pursuant Section 32.1-111.14, Code ofVirginia, 1950, as amended, it is hereby determined
and declared that the exercise of the powers and duties set forth herein are necessary to assure the
provision of adequate and continuing emergency services, and to preserve, protect, and promote
the public health, safety, and general welfare.
b) Definitions:
1) Permitted A encies: Those emergency medical service transport agencies
authorized to provide emergency medical services, basic life support, and/or advanced life support
who are officially recognized in Section 11-71(b) of this Chapter.
2) Participatin A e es: Those emergency medical service transport agencies who
provide basic life support and/or advanced life support recognized as Permitted Agencies in
Section 11-71(b), ofthis Chapter.
3) Emer ency Medical Transport System: All components of emergency medical
transportation available within the County.
4) Basic Life Support (`BLS": Services shall be medical treatment or procedures
provided to a patient as defined by the National Emergency Medical Services ("EMS")
Educational and Practices Blueprint for the Emergency Medical Technician ("EMT")-Basic.
5) Advanced Life Support Level 1("ALS-1": Services shall be medical treatment of
procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National
EMS Education and Practice Blueprint.
6) Advanced Life Su ort Level 2"ALS-2" : Services shall be defined as Advanced
Life Support ("ALS") services provided to a patient including any of the following medical
procedures:
manual defibrillation/cardioversion,
endotracheal intubation,
intra-venous line,
cardiac pacing,
chest decompression,
surgical airway; or
intraosseous line, and the administration ofthree (3) or more medications.
7) Ground Transport Mileage ("GTM": Shall be statute mile from the location of the
incident, scene, or center point of a rescue demand zone where an incident scene or address is
located, to a hospital or other facility where a patient is transported.
c) The schedule of rates for emergency ambulance transport services by Permitted Agencies
shall be set in accordance with a Schedule recommended by the Commission and adopted by the
Board of Supervisors.
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d) The Department of Public Safety shall adopt appropriate rules and policies for the
administration of the charges imposed by this Section, including, and not limited to, payment
standards for those persons who demonstrate economic hardship, as established by this Ordinance.
e) Billin: (Current Billing from repealed Chapter 31 of the Pittsylvania County Code is
effective until January 1, 2019. The following revisions in this Section take effect January 1,
2019.)
1) The County, or its agent, shall enerate a bill for ambulance transports or natient
treatment and refusals whose point of ori in is within the boundaries of the Count performed by
all ambulances onerated bv an a ency licensed and chartered in the Countv bv the Commonwealth
of Vir inia and mentioned in Section 11-71(b) above Organizations are required to submit
information required for the County, or its agent, to generate a bill for such services. The County
will not generate a bill for ambulance transport by organizations mentioned in Section 11-71(b)
above that would be considered humanitarian assistance (meaning activities not undertaken as a
result of a call for emergency assistance to the County Public Safety Communications Center).
Due to the fact that patient care information is highly confidential under several state and federal
laws, Call Sheets/Patient Care reports will remain the responsibility of the agency responding to
individual calls. Information shared under this Subsection shall be that information reasonably
necessary to accomplish the billing process or other arrangement as mutually agreed to by the
providing agency and the County.
2) The County may generate a bill for ambulance service in the primary response areas
of organizations mentioned in Section 11-71(b) above, and in adjoining localities by separate
agreement between the County, the adjoining locality, and the organization.
3) Fees and Resnonsibilitv for Pavment: Payment of all charges for ambulance
services, including evaluation, treatment, patient refusals, or ambulance transport, shall be the
responsibility of the patient or the parent, guardian, or other legally responsible party in the case
of a minor or an individual deemed incompetent.
c) Reserved.
d) Billin Contractor: The County may contract with a third-party for billing and related
services.
e) Reserved.
Collections: Billing and collection policies and services will be established by the
Commission. No provider mentioned in Section 11-71(b) above will accept or receive payment
directly from a patient or on behalf of a patient for services rendered to a patient. Funds collected
from EMS billing shall be returned to the agency who transported said patient. The county may
hold 1% of collected cost to offset administrative cost.
g) Nothing in this section shall require county EMS agencies to participate in the County EMS
billing program.
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h) Billing Process:
1) Patients will fall into one (1) of the following categories for billing purposes:
i) Insured throu h third-party health insurance companv Medicare or
Medicaid: The appropriate health insurance carrier will be billed. Any applicable copayments,
co-insurance, deductibles, or other similar payments, will be billed to the patient except as
provided for herein.
ii) No third-party source of avment: If there is no third-party source of
payment, a bill is to be sent to the patient transported. If the individual has the financial ability to
pay, then payment ofthe outstanding charges are required, except as otherwise provided for herein.
If the patient can demonstrate a financial hardship and qualifies for reduced payments pursuant to
this Chapter, then the patient shall be eligible for a reduction or waiver ofthe amount of the charges
due.
i) Billing Contractor: The Board of Supervisors may contract with a third-party for billing
and related services.
j) Abilit to Pav Program:
1) When any patient is billed for a transport or copayment pursuant to this Ordinance,
and because of limited financial resources or assets, a procedure shall be established by the
Department of Public Safety for such patient to apply for a reduction or waiver in the charge due.
2) The Department of Public Safety shall establish an ability to pay scale and
eligibility criteria for individuals who can demonstrate financial hardship.
3) The Ability to Pay Program shall establish an equitable fee policy for those
situations where the patient is unable to meet the ambulance transport charge because of
demonstrated financial hardship.
4) A patient representing that there exists a financial hardship will submit information
sufficient to determine such hardship. Ifit is determined that payment ofthe emergency ambulance
transport charges creates a financial hardship, charges due may be reduced or waived according to
the scale by the Department of Public Safety.
k) Collections: Billing
Department of Public Safety.
services rendered to a patient.
and collection policies and services will be established by the
No Participating Agency will directly accept or receive payment for
SEG 11-84. FIRE SERVICE FEES AND CHARGES PROGRAM.
a) Fee Schedule: The Board of Supervisors is hereby authorized to establish Fire Service
Fees and Charges for the use ofthe County-recognized Fire District equipment and Department of
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Public Safety equipment, supplies, and personnel in the performance of firefighting and rescue
operations. The Board of Supervisors, upon the Commission's recommendation, shall set Fire
Service Fees and Charges annually. Said Fee Structure is based upon the number and nature of
the equipment, supplies, and personnel used in the emergency operation.
1) The County, or its agent, shall generate a bill for Fire Service whose point of origin
is within the boundaries of the County performed by all Fire Departments operated by an agency
licensed and chartered in the County by the Commonwealth ofVirginia, and mentioned in Section
11-11(b) above. Organizations are required to submit information required for the County, or its
agent, to generate a bill for such services. The County will not generate a bill for fire service by
organizations mentioned in Section 11-11(b) above that would be considered humanitarian
assistance (meaning activities not undertaken as a result of a call for emergency assistance to the
County Public Safety Communications Center). Information shared under this Subsection shall
be that information reasonably necessary to accomplish the billing process or other arrangement
as mutually agreed to by the recognized agency and the County.
2) The County may generate a bill for Fire Service in the primary response areas of
organizations mentioned in Section 11-11(b) above and in adjoining localities by separate
agreement between the County, the adjoining locality, and the organization.
3) Fees and ResponsibilitY for Payment: Payment of all charges for Fire Services,
shall be the responsibility of the parent, guardian, or other legally responsible party in the case of
a minor or an individual deemed incompetent.
b) Reserved.
c) Billing Contractor: The County may contract with a third-party for billing and related
services.
e) Reserved.
d) Collections: Billing and collection policies and services will be established by theCommission. No organization mentioned in Section 11-11(b) above will accept or receive
payment directly for services rendered.
e) Nothing in this section shall require county agencies to participate in this billing program.
Billing Process: Responsible Parties will fall into one (1) of the following categories for
billing purposes:
1) The appropriate homeowners/automobile insurance carrier will be billed in
accordance with Virginia Code section 38.2-2130. Any applicable copayments, co-insurance,
deductibles, or other similar payments, will be billed to the responsible party except as provided
for herein.
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g) Billin Contractor: The Board of Supervisors may contract with a third-party for billing
and related services.
h) Abilit t Pro ram:
1) When any homeowner/automobile owner is billed for Fire Service or copayment
pursuant to this Ordinance, and because of limited financial resources or assets, a procedure shall
be established by the Department of Public Safety for such insured person and/or responsible party
to apply for a reduction or waiver in the charge due.
2) The Department of Public Safety shall establish an Ability to Pay scale and
eligibility criteria for individuals who can demonstrate financial hardship.
3) The Ability to Pay Program shall establish an equitable fee policy for those
situations where the insured person and/or responsible party is/are unable to meet the Fire Service
charge because of demonstrated financial hardship.
4) An insured party and/or responsible party representing that there exists a fnancial
hardship may submit information sufficient to determine such hardship. If it is determined that
payment of the Fire Service Fees and Charges creates a financial hardship, charges due may be
reduced or waived according to the scale by the Department of Public Safety.
j) Collections: Billing
Department of Public Safety.
services rendered to a patient.
SEC. 11-85. RESERVED.
and collection policies and services will be established by the
No Participating Agency will directly accept or receive payment for
SEC. 11-86. DESTRUCTION OF EQUIPMENT.
The County may charge for all equipment damaged or destroyed at the scene of a Fire/EMS call
and/or all supplies utilized in said activity.
SEC. 11-87. BILLING; USE OF FUNDS.
Billing for the fees imposed herein shall be managed by the Director of Public Safety, and all funds
shall be returned to the Agency generating said funds, and utilized by appropriation by the Board
of Supervisors for the purchase, operation, repair, and maintenance of equipment, supplies, and
training for Fire/EMS personnel.
SEC. 11-88. NON-DEPARTMENTAL EMS PROVIDER
A) PERMITS: It shall be unlawful for any person or organization to provide emergency
medical services, medical transportation, or operate vehicles for those purposes within the
confines of the County for the emergency or nonemergency transportation of patients, without
first being granted a permit by the Director of Public Safety, except when a Mutual Aid
Agreement has been approved by the Director or pursuant to Mutual Aid Agreements authorized
by statute and approved by the Director. The Director may issue such Permits, including
conditions established by the Department. This requirement shall not apply to any EMS agency
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recognized by the County Code, any private ambulance service provider under contract with the
County, or any hospital based private ambulance service provider operating from a hospitalwithinthebordersoftheCounty.
1) Permits shall expire one (1) year from the date of issuance unless renewed by theDirectorinaccordancewithregulationsoftheDepartment. Fees for said Permit
shall be established by the Commission. Fees collected from said Permits shall
be used for the requirement and retention of volunteer fire and rescue members.
2) The Director may decline to renew, revoke, or suspend any permit upon a finding
that any conditions of the Permit have been violated, that federal, state, or local
laws or regulations have been violated, or that the public health, safety, or welfareisendangeredbycontinuedoperationoftheentity. Except in the case of a
condition posing a danger to the public health or safety, no nonrenewal,
revocation or suspension action shall be taken by the Director prior to notice and
reasonable time being given to the Permittee for correction of the condition.
3) Non-departmental Applicants and providers shall provide to the Director anyinformationandrecordsrequestedduringthecourseoftheapplicationorrenewal
process or during the effective period of any Permit.
B) PROCEDURE FOR PERMIT APPLICATIONS:
1) Any person or organization desiring a Permit shall make application to the
Director on a form prescribed by the Director.
2) Each Application shall include an explanation of the need for the services in the
area to be served by the Applicant, a complete description of the type of service
proposed, evidence that the Applicant is trained, equipped, and otherwise
qualified in all respects to render first-aid, emergency and transportation services
in the area indicated in the application, and certification or other information
related to criminal and driving records of Providers, if required by the Director.
3) Each Permit Application shall include any other information required by the
Director and the Applicant's notarized certification that all requisite State Permits
and Certifications for its vehicles, operations, and personnel are current, and that
its operations and personnel meet all applicable current federal, state, and local
requirements.
4) Each Applicant shall certify that no person who is to provide services is, or shall
be, under the age of eighteen (18) years.
C) ISSUANCE AND ADMINSTRATION:
1) The Director shall consider each properly filed Application. The Director may
approve said Application, should the Director find:
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a) That there is a need for the specified type of EMS within the County; b) That the need will be properly served by the Applicant; and
c) That the Applicant, and any employees or personnel of the Applicant, are
property trained, equipped, and otherwise qualified, the Director may
issue a Permit under such conditions as the director deems appropriate.
D) Copies of all Applications and Permits shall be retained by the Director, who shall be
responsible for reviewing the Permit prior to expiration, and either renewing the Permit ordenyingtherenewal, or other action.
E) The Director may suspend or revoke the Permit of any Permittee should it be found bytheDirector, upon investigation, that the Permittee is not in compliance with federal, state, or
local laws, regulations, or conditions ofthe Permit, or that the continued operation poses a danger
to public health, safety, or welfare.
F) Except in the case of a condition posing a danger to the public health or safety, no
revocation, nonrenewal, or suspension action shall be taken prior to written notice and reasonable
time being given to the Permittee for correction of the condition.
G) PENALTY: Failure to comply with this Section shall result in a$1000 civil fine for the
first offence in a 12-month period, a$1500 fine for the second offence in a 12-month period, and
2000 fine for any subsequent violation(s) in a 12-month period.
SEC. 11-89. FALSE ALARMS.
A) It is unlawful to call for services of emergency assistance when the caller knows that an
emergency does not exist. Provisions for negligent calls of this type are governed by § 18.2- 212, Code of Virginia, 1950, as amended.
B) Every individual, business, or organization which has an alarm system which
automatically reports such alarm to a public safety answering point ("PSAP"), or provides for
notification of off-site personnel, shall be responsible for the proper functioning of that alarmsystem. Failure to do so could result in revocation of permit to operate.
C) Every individual, business, or organization which has an alarm system shall be required
to notify the appropriate PSAP that an accidental alarm has been activated within two (2) minutes
ofthe alarm sounding or such individual, business, or organization may be liable for payment of
a fee for response to the alarm. (Authority is § 15.1-28.2, Code of Virginia, 1950, as amended.)
D) For those identified in Paragraph (b) above, a fee will be assessed for each accidental
alarm responded to where the appropriate PSAP has not been notified within two (2) minutes of
the alarm activation. In the case of security alarms, two (2) accidental calls each month will be
permitted with no additional charge. Beginning with the third (3`d) alarm received in any given
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month, a twenty-five-dollar ($25.00) fee will be assessed for the third (3 d) and subsequent
alarms received during that month. In the case of fire alarms, two (2) accidental calls per year
will be permitted with no additional charge. Beginning with the third (3rd) alarm received in any
given calendar year, a seventy-iive-dollar ($75.00) fee will be assessed for the third (3`d) and
subsequent alarms received during that calendar year. When a call is received by the Central
Communications Center within the two (2)-minute notification period, the alarm will not be
considered a billable alarm for the purposes of this Section.
E) All fees collected as a result of this Section shall be distributed as follows: fees generated
from false security alarms shall be distributed back to the County's Sheriff's Offce; fees
generated from false fire alarms shall be used exclusively for County-wide fire training purposes,
and assigned at the direction of the County's Public Safety Director.
SEC. 11-91. PROVISION OF FIRE DEPARTMENT SERVICES AND EMERGENCY
MEDICAL SERVICES AT PUBLIC EVENTS OR PRIVATE BUSINESSES OR PLACES
OF PUBLIC ENTERTAINMENT.
A) The County Administrator is empowered to direct the Public Safety Director to assign
Fire and EMS personnel at public events, private businesses, or places of public entertainment
where the character of such public event, private business, or public entertainment is, in the
opinion of the Public Safety Director, such as to make it advisable to have Fire and EMS
personnel at the event.
B) The number of personnel assigned to such public event, private business, or place of
public entertainment shall be determined by the Director of Public Safety in coordination with
the promoter or person in charge of such event or business or place. The personnel assigned
shall at all times be under the supervision of the Director of Public Safety, or his designee, and
subject to the rules and regulations of the Public Safety Department.
C) Fees or charges for the use of Fire and EMS personnel and apparatus pursuant to this
Section shall be in such amount as is prescribed by the Department. All such fees shall be paid
in advance to the Director of Public Safety, and by him, paid over to the Director of Finance.
All fees earned shall be directed back to the Agency providing personnel and apparatus.
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POTENTIAL DOG CONTROL AREAS REVISIONS/DISCUSSION
POINTS
1. Limiting Dog Control Areas to only R-1 zoned property
2. Limiting Dog Control Areas to only platted subdivisions
3. Raising Percentage required to submit Dog Control Area Petition from 51% to higher
percentage (65%; 75%, etc....)
4. Revising Ordinance to balance equities regarding residents vs. property owners (many of
whom don't actually live on property) in Dog Control Area
5. Revising Ordinance to require minimum total density and parcels for pog Control Areas
6. Charging Administrative Fee to consider/process Dog Control Area Petition
7. Requiring Petitioner to Pay County for Running Dog Control Area Public Hearing
Advertisement
8. Assessing Dog Control Area property owners annual fee to offset County Animal Control
expenses for policing Dog Control Area and creating/installing Dog Control Area signs
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2-26. Lack of Control of Companion Animal Ordinance
A. Lack of control of a companion animal is created when any dog, cat, canine crossbreed, or
other companion animal, as defined by § 3.2-6500, Code of Virginia, 1950, as amended,
unreasonably annoys humans, endangers the life or health of other animals or persons, or
substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life
or property. Acts constituting a lack of control of a dog, cat, canine crossbred, or other companion
animal shall include, but are not limited to, the following:
1) Trespassing upon another's property in such a manner as to damage property;
2) Habitually running at large in a restricted area (meaning three (3) or more convictions
for running at large within two (2) years);
3) Molesting, annoying, or intimidating pedestrians or passersby not located on the
companion animal's owner's property;
4) Defecating without permission of the property owner upon any public place or upon
premises not owned or controlled by the owner unless promptly removed by the animal's
owner; or
5) Being found at large on any school property.
B. Any person owning or having possession or control of an animal suspected of violating this
Ordinance shall be proceeded against by warrant or summoned before the General District Court
of the County to show cause why the animal should not be confined, euthanized, removed, or the
public nuisance otherwise abated.
C. The Animal Control Officer, owner, or custodian shall confine the animal until the Court has
made a final decision in the case. If the Animal Control Officer deems confinement necessary,
then the owner or custodian shall be responsible for the impound fees.
D. Upon proof that such animal has violated this Ordinance, the animal shall, by General District
Court Order, be confined, euthanized, removed, or the public nuisance shall be otherwise abated,
as the Court shall Order. No person shall fail to comply with such an Order.
E. Violation of Subsections A(3), A(4), or A(5) of this Section is a Class 1 Misdemeanor.
Violation of any other provision of this Ordinance is a Class 3 Misdemeanor.
F. This Ordinance shall not apply to non-companion animals, livestock, poultry, alpacas, and
llamas; any person while engaged in law enforcement or search and rescue activity; in a supervised
formal obedience training class or show; during formally sanctioned field trials; while engaged in
lawful hunting with a dog or dogs during open season; during bona fide hunting or field trial dog
training, and/or dogs actively engaged in farming activity.
G. Enforcement. No person shall be charged with a violation of § A herein, unless the
Complainant appears before a Magistrate and requests a Summons or Warrant be issued charging
the violation; except that, when a violation is committed in the presence of an Animal Control
Officer, said Officer may issue a Summons and take other action as set forth in this Ordinance.
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a.,w.aamrni or expenses mcurred in responding to terrorism hoax incident, bomb threat, or malicious eCtiv of fire a...
4!8/2019
e { Code of Virginia
Tiile 15.2. Counties, Cities and To vns
Chapter 17. Folice and PubIic Order i
15.2-171 b. l. Reimbursetnent of expenses incurred in responding totenorismhoaxincident, bomb threat, oi• malicious activation of fire alarir
Any locality may provide by c rdinance that any person wllo is convicted c fa violatior oi'subsection f3 or C f46.6, a felony violation of § I$.2-g3 or ! 8.2-$4, or a violation of § 18.2-2 ) 2, when his vioiatio i of such section
proximate cause ofany incident resulting in an appropriate emergency response, sl all be liable at the time of
senteneing or in a separate civil action to the loeality or to any votunteer enlergency medical services agency, o which may provide such emergency response for the reasonable expense thereof; in an amount not to exceed $2theagregateforapariicularincidentoccurringinsuchlocality. tn determining the reasonable expense," a toamaybillaflatfeeof $250 or a ninute-by-minute accot ntin of the actua( costs incurred. As used in this sectiat
appropriate emergency response" includes all costs ofprovidii g law-enforcement, firefighting, and etnergency; medicai services. The provisions nf this secti.on shall not preempt or lirnit a d '
1 S.2-
is the
both,
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lity
ny reme y available to the Commonwealth, to the iocality, or to any volunteea• emergenry nedica! services agency to recover the reasonab eexpensesofanemergencyresponsetoanincidentuotiinohingateiroristichoaxoranactundertakeninviolat of18.2-83, 18.2-84, or 18.2-212 as set forth herein.
20U2, cc. 588, 623; 2005, c. 479; ?015, cc. 502, 503; 2016, c. 213; 2017, cc. 9H, 519.
tps://Iaw.iis.virginia.gov/vacode(tide15.2/chapter171section 15.2-1716.1/
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a.,.r,•o„o au ;nswwp ws s; rocanUes may charge for reimbursement
Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 17. Police and Public Order
5/23/2019
15.2-1716.2. Methamphetamine lab cleanup costs; localities may charg for
reimbursement.
Any localiry may provide by ordinance that a»y person who is convicted of an offense fa- manufacture ofmethamphetaminepursuanttoy' 18.2-248 or 1$.2-24$.03 shall be liable at the time of sentencing or in a sepa•a e civilactiontothelocaliiyortoanyatherlaw-enforcement entity for the expense in cleaning up any metliamphetami e lab
related to the conviction. The amount charged shall not exceed the actual expenses associateci with cleanup, re oval, or repair ofthe affected properry or the replacement cost ofpersona] protective equipment used.
2012, cc. 517, 616.
ttps:IBaw.lis.virginie.govlvacode/titie15.2/chapterl7/sectiaM5.2-1716.2/ 1/1
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15.1-t717. Preventing irnerference with pupils at schools
Code of Virginia
I'itle 15.2. Counties, Cities and Towns
Chapter l 7. Police and Public Order
15.2-1717. Preventing interference with pupils at schools.
Localities may adopt any reasonable ordinance necessary to prevent any i nproper interference with or
the pupils attending or board'u1g at any schc ols situated in such locality.
Code 1950, § 15-558; ! 962, c. E23, § 15. l-( 39; 1973, c. 401; 19$4, c. 66l ;] 997, c. 587.
ttpsJllaw.fis.virginia.gov/vacode/titlel5.?lchapter17/section15.2-1717/
5/23/2019
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9 i5•-t • • esignation of police to enforce trespass violations
Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 17. Police and Public Order
15.2-1717,1. Designation of police to enfoi•ce trespass violations.
Any locality may by ordinance establish a procedure whereby the owner, lessee, custodian, or person lawfullychargeasthosetermsareusedin § 18.2-119, ofreal property may designate the local law-enforcemeiit agency person lawfully in charge of the properry" for the purpose of forbidding another to go or remain upon the landbuildingsorpremisesasspecifiedinthedesignation. The ordinance shall require that any such designation be iwritingandonfilewiththelocallaw-enforcement agency.
1999, c. 275; 2002, c. 328.
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3psJHaw.lis.virginia.gov/vacode/title15.2/chapter17/sectioM5,2-1717.1/ 1
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t- y, u aposai or unGaimeq property, i pos on of sheriff or police
Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 17. Poiice and Public Order
15.2-1719. Disposal of unclaimed property in possession of sheriff orpolice.
Any locality may provide by ordinance tor (i) the public sale in accordance with the provisions of this section ctheretentionforusebythelaw-enforcement agency, of any unclaimed personal property which has been in thepossessionofitslaw-enforcement agencies and unclauned for a period of more than 60 days, after payment ofreasonablestoragefeetothesherifforotheragencystoringsuchproperty. N storage fee shall be charged oraccountedforifsuchpropertyhasbeenstoredbyandistoberetainedbythesherii's office or other law-enforagency. As used herein, "unclaimed personal property shall be any personal property belonging to another wh' been acquired by a law-enforcement officer pursuant to his duties, which is noi needed in any criminal prosecuwhichhasnotbeenclaimedbyitsrightfulownerandwhichtheStateTreasurerhasindicatedwillbedeclinediremittedundertheUniformDispositionofUnelaimedPropertyAct (§ 55-210. ] et seq.). Unclaimed bicycles a mopeds may also be disposed of in accardance with § 15.2-1720. Unclaimed firearms may also be disposed of; accordancewith 1.2-1721.
5/23/2019
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Prior to the sale or retention for use by the law=enforcement. agency of any unclaimed item, the chief of police, heriffortheirdulyauthorizedagentsshallmakereasonableattemptstonotifytherightfutowneroftheproperty, obta' frointheaitorneyfortheCommonwealthinwritingastatementadvisingthattheitemisnotneededinanycrimina! prosecution, and cause to be published in a iiewspaper of general circulation in the locality once a week for tvvosuccessive veeks, notice that there will be a public display and sale of unclaimed personal property. Such prope y, inclnding property setected for retention by the law-enforcement agency, shall be described generally in the noti e, tagether with the date, time and place fthe sale and shall be made availabte for public viewing at the sale. The hiefofpolice; sheriff or their duly authorized agents shall pay frorn the proceeds of sale the costs c>f advertisement, removal, storage, investigation as to ownership and liens, and notice of sale. The balance of the funds shall be h ld bysuchofficerfortheownerandpaidtotheowneruponsatisfactoryproofofownership. Any ui claimed item reta nedforusebythelaw-enforcement agency shall become the property ofthe locality served by the a ency and shall eretainedonlyifintheopinionofthechieflaw-enforcement officer, there is a legitimate use for the property by t11eagencyandthatretentionoftheitemisamoreeconomicalaltenativethanpurchaseofasimilarorequivalentitm.
If no claim has bcen made by the owner for the property or proceeds of such sa)e within 60 days of the sale, the ' remaining funds shall be deposited in the general fund ofthe locality and the retained property may be placed into usebythelaw-enforcement agency. Any such owner shall be entitled to apply to the locality within three years frornithedateofthesaleand, if timely application is made therefur and satisfactory proof of ownership of the funds or propertyismade, the locality shall pay the remaintng proceeds of the sale or return the property to the owner without inteKest orotherchargesorcompensation. No claim shal( be made nor any suit, action or proceedin be instituted for therecoveryofsuchfundsorpropertyafterthreeyearsfronthedateofthesale.
1982, c. 163, § 15.1-133.01; 1994, c. 144; 1997, c. 587; 2010, c. 333.
hKps://law.lis.virginia.govlvacode/itle15.2lchapterl7lsetKion15.2-1719/
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Go Virginia Robotic Grant Match Funding Commitment Confirmation
(Staff Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: June 18, 2019 Item Number: 14.b
Attachment(s): Request for Funding - Robotics
Reviewed By:
SUMMARY:
A request was recently received by the County from Dr. Betty Jo Foster, Interim Danville
Community College (“DCC”), on behalf of a consortium of Pittsylvania County Schools,
Danville Public Schools, Danville Community College, and the Institute for Advanced Learning
and Research, to financially participate in a $9,431,883 Grant to train Pittsylvania County School
(“PCS”) students in Robotics, Automation, and Information Technology (the “Program”). This
Program will create similar workforce pipelines to those of the existing Precision Machining
ones. The Danville Regional Foundation has approved $5,698,993 for the Program that is
contingent on matching funds being secured. $3,732,890.50 was provided from other sources,
with Go Virginia Grant(s) accounting for the majority. Go Virginia declined to fund the
Information Technology portion of the request, leaving a $288,378 shortfall for PCS training
laboratories. The other partners in the consortium have agreed to fund their IT grant shortfall.
For Pittsylvania County, the requested $288, 377.50 will be matched with $311,447.70 in
Danville Regional Foundation funding to create high-tech IT training labs at each of the high
schools and the Career and Technical Center. It is understood that the funding must be provided
by June 30, 2021.
FINANCIAL IMPACT AND FUNDING SOURCE:
This unbudgeted request could be satisfied through unappropriated fund balance and partially
offset by $97,805 of unused Economic Development related Grant funds, leaving an unfunded
amount of $190,573.
RECOMMENDATION:
County Staff recommends that the Board appropriate $97,805 from unused Grant proceeds, and
the remaining $190,573 will be divided equally and placed in the 2021 and 2022 budgets. Staff
will also consult with the Pittsylvania County IDA about a potential funding partnership for a
portion of the program cost.
MOTION:
14.b
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“I make a Motion to commit $288,378 to the DCC Robotics, Automation, and Information
Technology Program, of which $97,805 will be appropriated from unused grant proceeds, and to
direct County Staff to prepare necessary Budget adjustments of the remaining balance for future
Board consideration.”
14.b
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14.b.a
Packet Pg. 255 Attachment: Request for Funding - Robotics (1660 : Go Virginia Robotic Grant Match Funding Commitment Confirmation (Staff Contact: