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06-18-2019 Work Session Packet BOARD OF SUPERVISORS WORK SESSION Tuesday, June 18, 2019 – 4:30 PM Main Conference Room County Administration Building, 1 Center Street Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (4:30 PM) 2. ROLL CALL 3. AGENDA ITEMS TO BE ADDED 4. APPROVAL OF AGENDA For the citizens’ convenience, all Work Session and Committee Meetings are now being recorded and can be viewed on the same YouTube location as the Board of Supervisor’s Business Meetings. Please remember that the Board’s Work Session is designed for internal Board and County Staff communication, discussion, and work. It is not a question and answer session with the audience. Accordingly, during the Work Session, no questions or comments from the audience will be entertained. Respectfully, any outbursts or disorderly conduct from the audience will not be tolerated and may result in the offending person’s removal from the Work Session. As a reminder, all County citizens, and other appropriate parties as designated by the Board’s Bylaws, are permitted to make comments under the Hearing of the Citizens’ Section of tonight’s Business Meeting. 5. PRESENTATIONS a. Go Virginia Robotic Grant Match Funding Request Discussion (Staff Contact: Gregory L. Sides); (20 minutes) b. Jail and Courthouse Presentation (Staff Contact: Richard N. Hicks); (Presenter: Tony Bell; Moseley Architects); (20 minutes) 6. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Building Height PCC Revision Discussion (Staff Contact: Gregory L. Sides); (10 minutes) b. Solar Update (Staff Contact: Gregory L. Sides); (10 minutes) Work Session - June 18, 2019 c. Health Benefits/Insurance Update (Staff Contact: Holly E. Stanfield); (15 minutes) d. Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes) e. Other Reports 7. BUSINESS MEETING DISCUSSION ITEMS 8. CLOSED SESSION a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Richard N. Hicks) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Potential Solid Waste Convenience Center Site(s) Purpose: Discussion of Acquisition of Real Property for a Public Purpose b. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Projects G4, Map, and Emotion Purpose: Discussion of Prospective Industry/Economic Development Update 9. RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification (Staff Contact: J. Vaden Hunt, Esq.) 10. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Go Virginia Robotic Grant Match Funding Request Discussion (Staff Contact: Gregory L. Sides); (20 minutes) Staff Contact(s): Gregory L. Sides Agenda Date: June 18, 2019 Item Number: 5.a Attachment(s): Request for Funding - Robotics Reviewed By: Troy Simpson, with the Institute of Advanced Learning and Research, will discuss with the Board the Go Virginia Robotic Grant Match Funding Request. 5.a Packet Pg. 3 5.a.a Packet Pg. 4 Attachment: Request for Funding - Robotics (1608 : Go Virginia Robotic Grant Match Funding Request Discussion (Staff Contact: Gregory L. 5.a.a Packet Pg. 5 Attachment: Request for Funding - Robotics (1608 : Go Virginia Robotic Grant Match Funding Request Discussion (Staff Contact: Gregory L. Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Jail and Courthouse Presentation (Staff Contact: Richard N. Hicks); (Presenter: Tony Bell; Moseley Architects); (20 minutes) Staff Contact(s): Richard N. Hicks Agenda Date: June 18, 2019 Item Number: 5.b Attachment(s): Moseley Presentation Reviewed By: Tony Bell, Moseley Architects, will provide the Board a Courts and Jail Facilities Conceptual Design Update. 5.b Packet Pg. 6 PITTSYLVANIA COUNTY COURTS AND JAIL FACILITIESCONCEPTUAL DESIGN UPDATE MAY 2, 2019 1 5.b.a Packet Pg. 7 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff AGENDA ▪Space Needs Summary ▪Existing Site and Site Features ▪Courthouse ▪Programming: 87,400 SF ▪Conceptual Site Plan ▪Conceptual Floor Plans: Three Levels + partial Lower Level ▪Jail ▪Programming: 172 Beds + 18 Special Purpose Beds = 190 Beds Total ▪Conceptual Site Plan Options -One Level on-site, One Level off-site, Three Levels on-site ▪Reduced Size Jail ▪Programming: 60 Beds Total ▪Conceptual Site Plan Options -One Level on-site, One Level off-site ▪Schedule ▪Next Steps ▪Present to BOS Work Session ▪Prepare Draft Report ▪Present to BOS ▪Submit Final Report 2 5.b.a Packet Pg. 8 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff SPACE NEEDS SUMMARY 3 5.b.a Packet Pg. 9 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff SITE PLAN –PARCELS 4 5.b.a Packet Pg. 10 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff SITE PLAN –EXISTING CONDITIONS 5 5.b.a Packet Pg. 11 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff COURTHOUSE SITE PLAN –FEATURES 6 5.b.a Packet Pg. 12 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff COURTHOUSE SITE PLAN –AERIAL 7 5.b.a Packet Pg. 13 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff COURTHOUSE –SPACE NEEDS SUMMARY 8 5.b.a Packet Pg. 14 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff COURTHOUSE –FIRST FLOOR 9 5.b.a Packet Pg. 15 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff COURTHOUSE –SECOND FLOOR 10 5.b.a Packet Pg. 16 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff COURTHOUSE –THIRD FLOOR 11 5.b.a Packet Pg. 17 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff COURTHOUSE –LOWER LEVEL 12 5.b.a Packet Pg. 18 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –SPACE NEEDS SUMMARY 13 •Maximum: Male 2 dayrooms containing 20 cells = 40 beds * Female 1 dayroom containing 9 cells = 9 beds •Medium: Male 2 dayrooms containing 26 cells = 52 beds * Female 1 dayroom containing 9 cells = 9 beds •Minimum: Male 2 dorms containing 20 = 40 beds Female 1 dorm containing 10 = 10 beds •Community Custody: Male -1 dorm containing 6 beds Female -1 dorm containing 6 beds Sub-total 172 beds •Special Purpose: Male -1 dayroom containing 6 cells = 6 beds Female -1 dayroom containing 6 cells = 6 beds •Medical ( considered Special Purpose): Male -1 ward containing 2 beds Female -1 ward containing 2 beds 2 Pressurized cells -1 bed each = 2 beds Sub-total 18 beds *tiered housing Total 190 beds 5.b.a Packet Pg. 19 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL ON-SITE OPTION –ONE LEVEL 14 5.b.a Packet Pg. 20 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL OFF-SITE OPTION –ONE LEVEL (15-20 acre parcel required) 15 5.b.a Packet Pg. 21 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –FIRST FLOOR OVERALL 16 5.b.a Packet Pg. 22 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –FIRST FLOOR SOUTH 17 5.b.a Packet Pg. 23 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –FIRST FLOOR WEST 18 5.b.a Packet Pg. 24 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –FIRST FLOOR EAST 19 5.b.a Packet Pg. 25 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL ON-SITE OPTION 1 –THREE LEVELS 20 5.b.a Packet Pg. 26 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL ON-SITE OPTION 2 –THREE LEVELS 21 5.b.a Packet Pg. 27 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –FIRST FLOOR 22 5.b.a Packet Pg. 28 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –SECOND FLOOR 23 5.b.a Packet Pg. 29 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff JAIL –THIRD FLOOR 24 5.b.a Packet Pg. 30 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff REDUCED SIZE JAIL –SPACE NEEDS SUMMARY 25 •Male: 2 dayrooms each containing 7 double bed cells and 1 single bed cell = 30 beds •Female: 2 dayrooms each containing 7 double bed cells and 1 single bed cell = 30 beds •No Community Custody or Special Purpose beds specifically identified Total 60 beds 5.b.a Packet Pg. 31 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff SMALLER JAIL ON-SITE OPTION –ONE LEVEL 26 5.b.a Packet Pg. 32 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff SMALLER JAIL OFF-SITE OPTION –ONE LEVEL (5 acre parcel required) 27 5.b.a Packet Pg. 33 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff SMALLER JAIL –FIRST FLOOR 28 5.b.a Packet Pg. 34 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff SCHEDULE 29 5.b.a Packet Pg. 35 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff NEXT STEPS ▪Prepare Draft report ▪Present to BOS Work Session –June 18, 2019 ▪Present to BOS ▪Submit Final Report 30 5.b.a Packet Pg. 36 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff 31 5.b.a Packet Pg. 37 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff 32 5.b.a Packet Pg. 38 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff 33 5.b.a Packet Pg. 39 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff 34 5.b.a Packet Pg. 40 Attachment: Moseley Presentation (1630 : Jail and Courthouse Presentation (Staff Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Building Height PCC Revision Discussion (Staff Contact: Gregory L. Sides); (10 minutes) Staff Contact(s): Gregory L. Sides Agenda Date: June 18, 2019 Item Number: 6.a Attachment(s): Building Height Ordinance change Reviewed By: Gregory L. Sides, Assistant County Administrator, will discuss the attached possible revisions to Pittsylvania County Code § 35-406 regarding maximum allowed building heights. 6.a Packet Pg. 41 SEC. 35-406. MAXIMUM HEIGHT OF BUILDINGS. The maximum height of buildings in this district shall be eighty (80) feet. For parcels measuring 150 acres or greater in size, the maximum height of buildings shall be 150 feet. Buildings greater than 80 feet in height must incorporate on-site fire control provisions. Belfries, cupolas, chimneys, flues, flagpoles, television antennae, radio aerials, silos, and water tanks are exempt. Any building or structure shall be constructed, erected, installed, maintained, and be of an approved type in accordance with the provisions of the Virginia Uniform Statewide Building Code as amended and the Fire Prevention Code. 6.a.a Packet Pg. 42 Attachment: Building Height Ordinance change (1631 : Building Height PCC Revision Discussion (Staff Contact: Gregory L. Sides); (10 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Solar Update (Staff Contact: Gregory L. Sides); (10 minutes) Staff Contact(s): Gregory L. Sides Agenda Date: June 18, 2019 Item Number: 6.b Attachment(s): 06-03-2019 ODAC Letter - Solar Energy Facility - USSEF Reviewed By: Gregory L. Sides, Assistant County Administrator, will be present to give a brief Solar Update to the Board. 6.b Packet Pg. 43 oLDE OLDE DOMINION 41'VI I N ION AGRICULTURE AGRICULTURAL COMPLEX FOUNDATION Mission Statement: Our mission is to promote and support regional agriculture while offering a community-based facility to educate and entertain BOARD OF DIRECTORS June 3rd, 2019 Supervisor Joe Davis Chairman, Dan River District OFFICERS: 2749 Kentuck Road Ringgold, VA 24586 Chairman— Lisa Shorter Vice Chairman— Roger Jefferson To Whom This Matter May Concern: Treasurer— Elizabeth Hammond The Olde Dominion Agricultural Foundation, unofficially representing Secretary— Pittsylvania County's largest industry, employer and taxpayer, wishes to Jessica Jones inform the County Board of Supervisors and Legislative Committee of DIRECTORS: our concern at the current pace of utility scale solar energy facility USSEF)approvals under existing county code. Charlie Brown Though there is much controversy regarding solar energy, our concern isJayCalhoun limited to the long-term Impact to the land, landowner and theAndreaFerguson Chad Francis community. Steve Furrow Chuck Grove We are seeing a multitude of upstart "green" companies with little H.F.Haymore experience and much leverage chasing state tax incentives and soon to Suzanne Lacy expire Federal tax credits wooing rural communities with deals that areKevinOwentoogoodtobetrue. We also see the rapid consolidation of those over-Chris Phillips Buddy Shelton leveraged upstarts as an indicator that they may not have the fmancial Chad Shelton capacity to honor their commitments over the long term. Chris Smith Tommy Stump We are discouraged that USSEF proposals are long on speculative Mark Tucker positive impacts but fail to include the documentable negative Bobby Wilkerson environmental, carbon sequestration and economic impacts realized by ADVISORY COUNCIL: taking cropland out of production. Chuck Angier Even a casual investigation will reveal thousands of projects, many still Tim Clark on the drawing board, some under construction, some completed and Doug Dalton operational but NONE operational long enough to assess the overall Becky Mahan Roberts impact to the community and CERTAINLY NONE long enough to confirm that the developer can and will honor commitments. We suggest that County Code's regarding USSEF be reviewed and "best practices" of solar development be considered and implemented as part of the Pittsylvania Zoning Code. We further suggest that solar developments under Pittsylvania County Code Sections 35-141. (D), (E) 6.b.a Packet Pg. 44 Attachment: 06-03-2019 ODAC Letter - Solar Energy Facility - USSEF (1634 : Solar Update (Staff Contact: Gregory L. Sides); (10 minutes)) OMINI QN AGRICULTURAL COMPLEX Mission Statement: Our mission is to promote and support regional agriculture while offering a community-based facility to educate and entertain. and(F) regarding USSEF's be suspended until a thorough review is conducted. Please ensure that the overall impact to the land, landowner and community is fully considered and that commitments offered can and will be honored upon decommissioning. Thank you for considering our request. Our aim is the long-term best interest of the agriculture industry, the land and the taxpayer of Pittsylvania County. Thank you for your time and consideration, r 1ofJr Lisa B. Shorter DVM Chairman- Olde Dominion Agricultural Foundation 19783 US Hwy. 29,Suite G,Chatham,VA 24531 434)432-8026(o)www.theodac.comadmin@oldedominionagriculturecomplex.com 6.b.a Packet Pg. 45 Attachment: 06-03-2019 ODAC Letter - Solar Energy Facility - USSEF (1634 : Solar Update (Staff Contact: Gregory L. Sides); (10 minutes)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Health Benefits/Insurance Update (Staff Contact: Holly E. Stanfield); (15 minutes) Staff Contact(s): Holly E. Stanfield Agenda Date: June 18, 2019 Item Number: 6.c Attachment(s): BOS Meeting Wellness Reviewed By: Holly E. Stanfield, Human Resources Manager, will provide a brief update on changes to the County’s Health Benefits and Insurance. 6.c Packet Pg. 46 CONSULTATION © 2016 SHRM. All rights reserved. Employee Health Benefits Employee Wellness 6.c.a Packet Pg. 47 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved. Health and Dental •Participated in several meetings with various insurance providers to benchmark products and pricing. -Ensure competitive pricing and best products. •Annual renewal meeting with McGriff (insurance broker) in May. •Announced we would receive 1.9% decrease in premium costs. •Decision made to remain with Anthem and Delta Dental. •Pass savings on to our employees (Kim Van Der Hyde). 2 6.c.a Packet Pg. 48 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved.3 6.c.a Packet Pg. 49 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved.4 Paid over $200,000 in claims (10% of total claims) that could be reduced or eliminated by lifestyle changes. 6.c.a Packet Pg. 50 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved.5 Total Expense: Amounts displayed indicate claim expenses associated with behaviors that scientific studies show are contributing factors to the lifestyle conditions in the table previously shown. 6.c.a Packet Pg. 51 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved. Statistics –Preventative Care Services Through March 2019 6 Category Eligible Members Members Receiving Care Current Percent Compliance Prior Percent Compliance Commercial Benchmark Percent Compliance Return to Guideline Compliance Well Baby Visits -Birth through 15 months ***0.0%74.4%0.0% Well Child Visits -3 through 6 years ***100.0%69.3%0.0% Well Adolescent Visits -12 through 17 years ***0.0%49.9%0.0% Well Adult Visits -Women 18 through 64 years 124 74 59.7%67.5%48.1%13.7% Well Adult Visits -Men 18 through 64 years 125 43 34.4%26.5%26.5%17.0% Breast Cancer Screening 80 64 80.0%78.3%65.9%4.6% Cervical Cancer Screening 89 61 68.5%71.8%58.6%9.5% Colon Cancer Screening 108 73 67.6%72.2%62.5%4.4% •This value is not shown due to small numbers The numbers reflect members, not just employees. Members include spouses and enrolled dependents. 6.c.a Packet Pg. 52 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved. Health Incentives / Wellness •Propose an incentive paid to adult members (includes employees and adult dependents) in December tied to participation in an annual Well Adult Visit. •Adult members who participate in an annual Well Adult Visit are eligible to receive the incentive. •Anthem will provide a report detailing adult members who completed an annual Well Adult Visit (in the prior plan year or current). •The adult members who participated will receive a one-time incentive payment of $125 in December. Considerations •Participation is voluntary. •Members who wish to participate will be asked to sign an acknowledgement form agreeing to participate and become eligible to receive the incentive. •Members will be required to sign an authorization form allowing Anthem to report on his/her participation in an annual Well Adult Visit (HIPPA Compliance). Reports would provide names and dates only. No personal health information will be reported. •Adult members who do not wish to participate will not receive the incentive in December. •Incentives and measurements are subject to change annually. 7 6.c.a Packet Pg. 53 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved. Additional Wellness Initiatives 1st Annual Employee Health and Wellness Fair •Held at Community Center –October 24th. •Focus on employee physical, emotional, financial and other areas of wellness. •Dedicated team made up of employees involved in the planning. •40 vendors to participate, including: Anthem EAP, SOVAH Health, YMCA, Curves, Danville Dental, Danville-Pittsylvania Community Services, Spectrum Medical, Food Lion, Red Cross, First Citizens, Pittsylvania County Health Department, The Health Collaborative, Mountain River Physical Therapy, Mark III and more. 8 6.c.a Packet Pg. 54 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved. Lunch and Learn •Employees can participate in meetings to learn about health and wellness during lunch. Health Coaching •Employees can participate in health coaching sessions. Wellness Program Goals •Start small and slow •Education •Introduce initiatives and ideas that are reasonable and result in lasting change vs. “flavor of the month” •ROI will be seen over the long term •Results are measurable •Incentive measure(s) can change from year to year 9 6.c.a Packet Pg. 55 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff CONSULTATION © 2016 SHRM. All rights reserved. Questions? 10 6.c.a Packet Pg. 56 Attachment: BOS Meeting Wellness (1632 : Health Benefits/Insurance Update (Staff Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: June 18, 2019 Item Number: 6.d Attachment(s): 06-11-2019-LC After-Action Report Reviewed By: J. Vaden Hunt, Esq., County Attorney, will provide the Board with a Legislative Committee (“LC”) update, and discuss related action items to be considered at the Business Meeting. For the Board’s reference and review, attached please find an After-Action Report from the June 4, 2019, LC Meeting. 6.d Packet Pg. 57 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 6.d.a Packet Pg. 58 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. 6.d.a Packet Pg. 59 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 6.d.a Packet Pg. 60 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. o i r i .,a ,-., *,,;,, ., ;,.o ,na r c c,..,,v,;,. ni.,., u.. . ._.... r Page 2 of 21 6.d.a Packet Pg. 61 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) Page 3 of 21 6.d.a Packet Pg. 62 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) r„ o .,..a t,rc : n ,t,,.,,,.,t,,.,, t, r,,,,,,*< 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. Page 4 of 21 6.d.a Packet Pg. 63 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 5 of 21 6.d.a Packet Pg. 64 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 6 of 21 6.d.a Packet Pg. 65 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 7 of 21 6.d.a Packet Pg. 66 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 8 of 21 6.d.a Packet Pg. 67 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 9 of 21 6.d.a Packet Pg. 68 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 Page 10 of 21 6.d.a Packet Pg. 69 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 11 of 21 6.d.a Packet Pg. 70 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 12 of 21 6.d.a Packet Pg. 71 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 13 of 21 6.d.a Packet Pg. 72 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 14 of 21 6.d.a Packet Pg. 73 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 15 of 21 6.d.a Packet Pg. 74 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 Page 16 of 21 6.d.a Packet Pg. 75 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 17 of 21 6.d.a Packet Pg. 76 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 Page 18 of 21 6.d.a Packet Pg. 77 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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: Page 19 of 21 6.d.a Packet Pg. 78 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 Page 20 of 21 6.d.a Packet Pg. 79 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. Page 21 of 21 6.d.a Packet Pg. 80 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 6.d.a Packet Pg. 81 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. 6.d.a Packet Pg. 82 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 $250 or a ninute-by-minute accot ntin of the actua( costs incurred. As used in this sectiat appropriate emergency response" includes all costs ofprovidii g law-enforcement, firefighting, and etnergency; medicai services. The provisions nf this secti.on shall not preempt or lirnit a d ' 1 S.2- is the both, SOU in lity ny reme y available to the Commonwealth, to the iocality, or to any volunteea• emergenry nedica! services agency to recover the reasonab eexpensesofanemergencyresponsetoanincidentuotiinohingateiroristichoaxoranactundertakeninviolat of18.2-83, 18.2-84, or 18.2-212 as set forth herein. 20U2, cc. 588, 623; 2005, c. 479; ?015, cc. 502, 503; 2016, c. 213; 2017, cc. 9H, 519. tps://Iaw.iis.virginia.gov/vacode(tide15.2/chapter171section 15.2-1716.1/ 1/1 6.d.a Packet Pg. 83 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) a.,.r,•o„o au ;nswwp ws s; rocanUes may charge for reimbursement Code of Virginia Title 15.2. Counties, Cities and Towns Chapter 17. Police and Public Order 5/23/2019 15.2-1716.2. Methamphetamine lab cleanup costs; localities may charg for reimbursement. Any localiry may provide by ordinance that a»y person who is convicted of an offense fa- manufacture ofmethamphetaminepursuanttoy' 18.2-248 or 1$.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 6.d.a Packet Pg. 84 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 of 1/1 6.d.a Packet Pg. 85 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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. I i 5/23/2019 i 1 a 3psJHaw.lis.virginia.gov/vacode/title15.2/chapter17/sectioM5,2-1717.1/ 1 1/1 6.d.a Packet Pg. 86 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) 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 has 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/ I 1/1 6.d.a Packet Pg. 87 Attachment: 06-11-2019-LC After-Action Report (1633 : Legislative Committee Update (Staff Contact: J. Vaden Hunt, Esq.); (10 minutes)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Other Reports Staff Contact(s): Agenda Date: June 18, 2019 Item Number: 6.e Attachment(s): Reviewed By: 6.e Packet Pg. 88 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: June 18, 2019 Item Number: 8.a Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Potential Solid Waste Convenience Center Site(s) Purpose: Discussion of Acquisition of Real Property for a Public Purpose 8.a Packet Pg. 89 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: June 18, 2019 Item Number: 8.b Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Projects G4, Map, and Emotion Purpose: Economic Development Update 8.b Packet Pg. 90 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Closed Session Certification (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): Agenda Date: June 18, 2019 Item Number: 9.a Attachment(s): Reviewed By: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors (the “Board”) on June 18, 2019, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (the “Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Joe B. Davis Yes/No Tim R. Barber Yes/No Elton W. Blackstock Yes/No Ben L. Farmer Yes/No Charles H. Miller, Jr. Yes/No Ronald S. Scearce Yes/No Robert W. “Bob” Warren Yes/No 9.a Packet Pg. 91