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02-18-2020 Business Meeting Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, February 18, 2020 – 7:00 PM Pittsylvania County General District Courtroom Edwin R. Shields Courthouse Addition, 11 Bank Street Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (7:00 PM) 2. ROLL CALL 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. AGENDA ITEMS TO BE ADDED 6. APPROVAL OF AGENDA 7. CONSENT AGENDA a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Grant Appropriations: School Board and Pet Center (Staff Contact: Kimberly G. Van Der Hyde) c. Bays Hauling Out-of-County Trash Extension Approval (Staff Contact: Richard N. Hicks) d. Rescue Squad Assistance Fund (Staff Contact: Christopher C. Slemp) e. County Broadband Postiion Adoption (Staff Contact: David M. Smitherman) f. Resolution # 2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Christopher C. Slemp) g. Resolution # 2020-02-03: Dr. Miller (Contact: Supervisor Warren) h. Resolution # 2020-02-04: 2020 - 2021 Board Strategic Planning Priorities Adoption (Staff Contact: David M. Smitherman) i. Resolution # 2020-02-05: Early Voting (Staff Contact: David M. Smitherman) Business Meeting - February 18, 2020 j. 2019 Community Development Annual Report Approval (Staff Contact: Karen N. Hayes) k. CEDS List Approval (Staff Contact: Matthew D. Rowe) l. Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David M. Smitherman) 8. PRESENTATIONS a. Fire Hero Presentation (Isaiah Griffin); (Contact: Supervisor Farmer) b. Dr. Miller Planning Commission Service Appreciation Presentation (Contact: Supervisor Warren) 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. Case 1: Public Hearing: Rezoning Case R-20-001: SuzyQ Etc., LLC; Banister Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Miller) Case 2: Public Hearing: Rezoning Case R-20-002: Jeffrey D. Compton; Banister Election District, M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (Contact: Supervisor Miller) Business Meeting - February 18, 2020 B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman) 2. Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes (Staff Contact: J. Vaden Hunt, Esq.) 3. Public Hearing: Solid Waste Fine Escalation System (Staff Contact: Richard N. Hicks) 4. Public Hearing: Silver Creek "No Through Trucks Restrictions" (Contact: Supervisor Scearce) 11. UNFINISHED BUSINESS a. Walkway of Honor Donation Request (Contact: Supervisor Farmer) 12. NEW BUSINESS 13. APPOINTMENTS a. CPMT Alternate Appointment (M. Dawson); (Staff Contact: Cheryl J. Boswell) b. Appointment: Westover District Planning Commission (H.F. Haymore, Jr.); (Contact: Supervisor Scearce) 14. MATTERS FROM WORK SESSION (IF ANY) 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 18, 2020 Item Number: 7.a Attachment(s): 01-13-2020 Finance Committee-DRAFT 01-27-2020 Legislative Committee Meeting Minutes -DRAFT 01-27-2020 Work Session Minutes - DRAFT 01-27-2020 Business Meeting Minutes - DRAFT Reviewed By: 7.a Packet Pg. 4 Finance Committee January 13, 2020 Pittsylvania County Board of Supervisors Finance Committee Monday, January 13, 2020, Meeting VIRGINIA: The Finance Committee of the Pittsylvania County Board of Supervisors was held on Monday, January 13, 2020, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Ronald S. Scearce, Chairman, called the Meeting to Order at 4:30 PM. The following Committee Members were present: Charles H. Miller, Jr. Joe B. Davis William “Vic” Ingram Ronald S. Scearce The following Board Members were also present: Robert W. Warren Ben L. Farmer Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Richard N. Hicks, Assistant County Administrator; Mrs. Kimberly Van Der Hyde, Finance Director; Christopher C. Slemp, Director of Public Safety; Kelly Keesee, Registrar; and Mrs. Kaylyn M. McCluster, Deputy Clerk, were also present. Approval of Agenda Motion made by Dr. Miller, seconded by Mr. Ingram, to approve Agenda, which was unanimously approved by Committee Members. New Business (a) FY2020 Financial Update Mrs. Van Der Hyde provided the FY2020 Financial Update to the Committee. She stated the percentage of Budget collected to date is 46%, compared to 43% at the same time last year. The County is in better shape this year compared to last year. She also discussed the Pet Center Revenues (attached at end). It was also noted that no one has taken advantage of the Early Retirement Incentive Program. This could mainly be due to the fact it requires them to work too many days in a month. Mr. Smitherman suggested several alternatives to reduce the cost of Courthouse Security. There was consensus of the Committee for County Staff to revamp numbers for the Courthouse Security and bring back to the Committee for review. Mr. Smitherman stated County Staff would run some numbers and different options and bring back to the Committee. (b) FY2021 Overview -Revenue Forecast Ms. Van Der Hyde stated the only thing she has as far as revenue, is an updated report from the Building Inspectors Office, which was $31.1 million was added to the County’s tax base 7.a.a Packet Pg. 5 Attachment: 01-13-2020 Finance Committee-DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee January 13, 2020 last year. You have to estimate how Land Use will run and that has to come off that figure. Once that is done, it is projected to be about $200,000 more annual County revenue. -Budget Calendar The Budget Calendar (attached at end) was presented to the Committee and there was a Motion by Mr. Ingram, second by Mr. Davis, to recommend the Budget Calendar as presented to the full Board, which was unanimously approved by the Committee. -Joint Meeting with School Division Each year the Board holds a Joint Meeting with the School Board to discuss Budget needs. They have requested the Meeting be in February. There was consensus of the Committee to meet on February 18, 2020, or February 20, 2020, but to get with Dr. Jones to see what time suits them best. (c) Fire and Rescue Commission Stipend Consideration There was a lot of discussion regarding providing the Fire and Rescue Commission with a stipend. Mr. Scearce stated the amount of Meetings that will be required and the amount of hard work and decisions that have to be made, it is only fair they receive the same treatment as other Boards and Commissions. Mr. Ingram stated the payment should be consistent for all Boards and Commissions and also questioned how the payment works if they do not attend a meeting. After much discussion, it was consensus that the Finance Committee recommended the following stipend for the Fire and Rescue Commission: $150 per month; Commission Members must attend at least one (1) Meeting each month that Meetings occur to receive stipend; No stipend will be paid in the months in which there are no Meetings. (d) Budget Amendment Request: Registrar Mrs. Keesee stated the Registrar’s Office typically budgets for two (2) elections, and this year they have three (3). They also have a March primary this year. There will be about a $34,844 deficit once the two (2) elections have taken place. These payments cover the cost of compensation for election officials that work at the polls, the voting equipment programming costs, and the printing of ballots. Ms. Keesee stated the State Board of Elections does issue a reimbursement for the March election. In 2012, they received an 85% reimbursement, and in 2016, they received an 61% reimbursement of the total election cost. Staff Reports (a) VEMS Ambulance Grant Mr. Slemp stated the contract between the County and DRT to use their truck is $3,600 per month. Mr. Slemp applied for a VEMS Grant, and was awarded 80% of this Grant. The award was for $262,000 and being able to purchase this ambulance will eliminate the cost to use DRT’s truck . Motion by Mr. Ingram, second by Mr. Davis, to send this item to the full Board, which was unanimously approved by the Committee. (b) Sheriff’s Department Pay Study Update 7.a.a Packet Pg. 6 Attachment: 01-13-2020 Finance Committee-DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee January 13, 2020 Mr. Smitherman stated the results came back from the Sheriff’s Pay Study in October. To take advantage of this plan, which the Treasurer and Commissioner of the Revenue have already done, the Sheriff’s Department would have to adopt the County’s Personnel Policy, minus the separation, termination, and grievance procedures. The same opportunity was presented to the Sheriff on March 15, 2019, and to date he has not chosen to sign on to the Personnel Plan. Mr. Warren also mentioned having previous conversation regarding the ineffective methods that were being used for Medicaid reimbursement and getting an outside agency to help with this. Mrs. Van Der Hyde stated there was a contract with DPCS for them to come in and look at this, but the Sheriff’s Office never reached out to them and the contract was only through September. Mr. Warren suggested sending a letter to DPCS thanking them for their willingness to assist in this matter. Mr. Scearce suggested a letter from the Board to the Sheriff to attempt to coordinate a Meeting to revisit these items. Motion by Mr. Scearce, second by Dr. Miller, to recommend to the full Board the request for authorization to send a letter to the Sheriff, which was unanimously approved by the Committee. (c) PCSA Project Update Mr. Smitherman gave a brief update and stated he still has not received any of the PCSA’s results from the Citizens Survey. The PCSA has worked out some rate changes with the City of Danville, which they have never done before. Adjournment Mr. Scearce adjourned the Meeting at 6:06 PM. 7.a.a Packet Pg. 7 Attachment: 01-13-2020 Finance Committee-DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee January 13, 2020 7.a.a Packet Pg. 8 Attachment: 01-13-2020 Finance Committee-DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Legislative Committee January 27, 2020 Pittsylvania County Board of Supervisors Legislative Committee Monday, January 27, 2020, Meeting VIRGINIA: The Legislative Committee of the Pittsylvania County Board of Supervisors was held on Monday, January 27, 2020, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Charles H. Miller, Jr., Chairman, called the Meeting to Order at 3:00 PM. The following Committee Members were present: William “Vic” Ingram Charles H. Miller, Jr. The following Board of Supervisors Members were also present: Joe B. Davis Robert W. Warren Ronald S. Scearce arrived to the Meeting at 3:25 PM Timothy W. Dudley arrived to the Meeting at 3:28 PM Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Honorable Vincent Shorter, Treasurer; James McLaughlin, Pet Center Director; and Mrs. Kaylyn M. McCluster, Deputy Clerk, were also present. Approval of Agenda Motion made by Mr. Ingram, seconded by Dr. Miller, to approve Agenda, which was unanimously approved by Committee Members present. New Business (a) County Code Changes Required for Tax Due Date Change Mr. Shorter recommended the Board consider changing the annual County tax due dates from June 20th and December 20th to June 10th and December 10th. The due date being so close to the end of the fiscal year causes a lot of payments coming in at the end of the year in June. Mr. Shorter stated the Auditors also recommended this change. Mr. Shorter stated if this could be done in February, this would allow sufficient timing for this change to be made. He also suggested, for this first year only, to waive the late penalty on June 21st to allow citizens time to get accustomed to the changes.. Motion by Mr. Ingram, second by Dr. Miller, to recommend this item to the full Board to authorize for a Public Hearing in February, which was unanimously approved by the Committee. (b) County Community Cat Program Mr. McLaughlin presented a Community Cats Policy to the Committee. This Policy is an attempt to control the feral cat problem within the County. The cats continue to reproduce and the concept is to get them vaccinated so they cannot spread disease, and to alter them so they can no longer reproduce, eventually reducing colony numbers. The past year there were approximately seventy (70) kittens that were brought in from feral mothers, and they were already sick and around 7.a.b Packet Pg. 9 Attachment: 01-27-2020 Legislative Committee Meeting Minutes -DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Legislative Committee January 27, 2020 one (1) month in age. Said kittens did not make it, despite the best efforts of the Pet Center. Motion by Mr. Scearce, second by Dr. Miller, to recommend the Community Cat Policy to the full Board for approval. The recorded votes are as follows: Scearce, yes; Miller, yes; Ingram, no. This was approved by the Committee. (c) House Bill 480 Support (Virginia Retirement System; Enhanced Retirement Benefits for 911 Dispatchers) Mr. Slemp stated this Bill would allow dispatchers to fall under the State’s Enhanced Benefits System. He showed a video about dispatchers and all they are responsible for. They are constantly put under high stress calls and have to be the voice of reason and calm for all involved. Mr. Slemp recommended the Committee forward the Resolution to the full Board. Motion by Mr. Ingram, second by Dr. Miller, to recommend Resolution #2014-01-04 to the full Board, which was unanimously approved by Committee Members. (d) Solid Waste Violation Penalty Escalation Ordinance Revisions Mr. Hunt stated the County’s Solid Waste Ordinance has only one (1) fine for violations, in PCC Sections 17-21(b) and (e). This is a Class 1 Misdemeanor and it is a $50 fine. If the fine is not paid within ten (10) days, it increases to a $100 fine. What is being founded by SWAT officers, is that there are contractors who are willing to pay the $50 fine to avoid having to drive to the Landfill to dump their items. County Staff is looking for input on a Fine Escalation System to prevent these citizens from just paying the $50 fine constantly. There was discussion about this item and the Committee did like the idea of a Fine Escalation System. Motion by Mr. Ingram, second by Mr. Scearce, to direct Staff to come up with this Solid Waste Fine Escalation System and forward to the full Board to authorize for a Public Hearing, which was unanimously approved by the Committee. (e) 2020 VACO Legislative Program Mr. Hunt stated that he is just bringing attention to VACO’s Legislative Program and this is something for the Board to read at their leisure. The Legislative Priority List was adopted in December, and many of the County’s Legislative priorities are listed in VACO’s Program as well. (f) Virginia Code § 58.1-3340 (Lien on real estate for taxes and levies assessed thereon; responsibility of purchaser or trustee at sale; lien on rents) Solid Waste Unpaid Fee Mr. Scearce stated he had a constituent who purchased property and the previous owner had not paid the Solid Waste Fee, and when he paid the current year’s fee, it went to the previous year’s unpaid fee instead of the current year. Mr. Scearce just wanted to discuss this item and was not sure how this process is supposed to be handled. Mr. Hunt stated he wrote a letter to all attorneys in the area, and even into North Carolina, stating how the Solid Waste Fee would be handled, and his opinion is that the problem was at the hand of the citizen’s attorney when he purchased this property. Mr. Shorter stated that this is something they run into every year, and in Virginia it is the responsibility of the owner to be sure everything is paid and up to date when purchasing; and that goes for taxes as well, not just the Solid Waste Fee. Adjournment 7.a.b Packet Pg. 10 Attachment: 01-27-2020 Legislative Committee Meeting Minutes -DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Legislative Committee January 27, 2020 Motion by Mr. Ingram, second by Mr. Scearce, to adjourn the Meeting. Dr. Miller adjourned the Meeting at 4:02 PM. 7.a.b Packet Pg. 11 Attachment: 01-27-2020 Legislative Committee Meeting Minutes -DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) January 27, 2020 Work Session Pittsylvania County Board of Supervisors Work Session January 27, 2020 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on January 27, 2020, in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. Chairman, Chatham-Blairs District, Robert W. Warren, called the Meeting to Order at 4:30 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham Blairs District Present 4:17 PM Ronald S. Scearce Vice-Chairman - Westover District Present 4:21 PM Joe B. Davis Supervisor - Dan River District Present 4:17 PM Timothy W. Dudley Supervisor - Staunton River District Present 4:11 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:20 PM William "Vic" Ingram Supervisor - Tunstall District Present 4:11 PM Charles H. Miller Supervisor - Banister District Present 4:10 PM AGENDA ITEMS TO BE ADDED Motion to add VDOT to the Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Ronald S. Scearce, VIce-Chairman - Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller PRESENTATIONS STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Early Voting Projections and Budgetary Needs Report (Contact: Kelly A. Keesee); (15 minutes) Ms. Keesee, Registrar, was present to review the early voting projections and budgetary needs report, which can be found on the County Website at https://www.pittsylvaniacountyva.gov. With the new early voting regulations, it is possible that the Registrar’s Office could have to 7.a.c Packet Pg. 12 Attachment: 01-27-2020 Work Session Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Work Session process two to three hundred people in an hour. The equipment needed is additional voting booths, electronic poll books, and additional voting machines. They currently do not have any spare machines. Ms. Keesee is looking for a space that can be used to accommodate this large anticipated turnout. She stated they are able to work with the libraries to help accommodate the large projected amount of early voters. The building that is used for this purpose does have to be owned or leased by the County, and has to be able to accommodate adequate parking. b. 2019 Employee Satisfaction Survey Results Review (Staff Contact: Holly E. Stanfield); (15 minutes) Ms. Stanfield presented the Employee Satisfaction Survey Results to the Board. The Survey was designed using SurveyMonkey and questions used in the Survey were the same as in the 2018 Survey. There was a total of 102 responses and the results were up from last year. It appears the County is trending in the right direction of making the County a great place to work a work. The presentation can be found on the County's website. c. CPMT Update (Staff Contact: Cheryl J. Boswell); (15 minutes) Ms. Boswell presented the yearly CPMT Attendance Report. She stated Ms. Monica Karavanic has not met the yearly attendance requirements, but has provided a letter as to why she has missed the meetings and has also requested an alternate be appointed for her. This item will be on the Business Meeting Agenda for approval. d. Monthly Department Spotlight (Building and Grounds); (Staff Contact: Darrell W. Dalton); (15 minutes) Darrell Dalton gave an update on the Building and Grounds Department. His Department maintains over twenty (20) County-owned buildings, including the Jail and the Pet Center. They take care of electrical work needed, painting, carpentry, and maintain over 4,000 E-911 Road Signs throughout the County. Mr. Smitherman and the Board stated its appreciation for Mr. Dalton and his staff for all their hard work and dedication. e. Committee Updates/Recommendations (Finance; Economic Development; and Legislative); (Staff Contact: David M. Smitherman; J. Vaden Hunt, Esq.); (15 minutes) Mr. Smitherman stated the Economic Development Committee met on January 13, 2020, and recommended entering into a Consulting Agreement with the Spectrum Group, along with the City of Danville, the Institute for Advanced Learning and Research, and the Danville Regional Foundation. The Committee recommended approval of the Agreement with the recommended changes. It is a one (1) year trial basis Agreement, and the County’s portion of this cost is approximately $85,000 per year. Mrs. Van Der Hyde stated the Finance Committee forwarded the Budget Calendar to the full Board, as well as the Ambulance Funding/Contract that was discussed at the same Meeting held on January 13, 2020. Mr. Smitherman also stated the Finance Committee recommended the following stipend for the Fire and Rescue Commission: $150 per month; Commission Members must attend at least one (1) Meeting each month that Meetings occur to receive stipend; No 7.a.c Packet Pg. 13 Attachment: 01-27-2020 Work Session Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Work Session stipend will be paid in the months in which there are no Meetings. Another topic of discussion at the Finance Committee was Medicaid billing in the Jail. The Finance Committee recommended to authorize the Chairman to send a letter to the Sheriff about how he plans to address the inmate medical cost issue. A Legislative Committee Meeting was held before the Work Session on January 27, 2020, and Mr. McLaughlin was able to gather a few slides for the Community Cat Policy that was discussed during the Committee Meeting. The Legislative Committee also recommended the following to the full Board: PCC Changes Required for Tax Due Date Change Public Hearing Authorization, County Community Cat Program Adoption, HB 480 Support, Solid Waste Violation Penalty Escalation Ordinance Revisions Update/Potential Public Hearing Authorization. f. VDOT Mr. Hamilton with VDOT informed that he has moved into another role with VDOT as the Assistant District Administrator for Maintenance. He stated that he has enjoyed working with Halifax and Pittsylvania County for over nine (9) years. Jay Craddock will be the acting Interim Resident Engineer until the position is filled. The Board congratulated them on their advancements. BUSINESS MEETING DISCUSSION ITEMS Mr. Smitherman stated there was a small mistake on page 41 of the Business Agenda Packet, on the new job description for the Deputy County Administrator. It should have stated a Master’s Degree in Public Administration Public Policy and Business Administration or similar field is preferred. This will be added to the item description. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 5:36 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: William "Vic" Ingram, Supervisor - Tunstall District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator and County Attorney 7.a.c Packet Pg. 14 Attachment: 01-27-2020 Work Session Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Work Session Purpose: Review of Annual Evaluations; Discussion of Revisions to Employment Agreements RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 6:44 PM and the following Certification was recorded. CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on January 27, 2020, 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 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 Timothy W. Dudley Yes Ben L. Farmer Yes William “Vic” Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes ADJOURNMENT Mr. Warren adjourned the Meeting at 6:45 PM. 7.a.c Packet Pg. 15 Attachment: 01-27-2020 Work Session Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) January 27, 2020 Business Meeting Pittsylvania County Board of Supervisors Business Meeting January 27, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on January 27, 2020, in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Robert W. Warren, Chatham-Blairs District, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham Blairs District Present 6:30 PM Ronald S. Scearce VIce-Chairman - Westover District Present 6:32 PM Joe B. Davis Supervisor - Dan River District Present 6:30 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:32 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:33 PM William "Vic" Ingram Supervisor - Tunstall District Present 6:30 PM Charles H. Miller Supervisor - Banister District Present 6:28 PM AGENDA ITEMS TO BE ADDED Mr. Hunt stated County Staff requests item 7b to be removed from the Consent Agenda. Motion to add the following items to the Agenda under Matter from the Work Session: 1.) CPMT Attendance Report Acceptance 2.) Public Hearing authorization for annual tax Code Change 3.) County Community Cat Program Policy 4.) Resolution # 2020-01-04 relating to support of HB 480 5.) Public Hearing authorization solid waste fine escalation system 6.) Budget Calendar 7.) Rescue Squad Grant 8.) Sheriff’s Letter transmittal regarding Medicaid process for County inmates 9.) Fire and Rescue Commission Stipend RESULT: ADOPTED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda with additions 7.a.d Packet Pg. 16 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Ronald S. Scearce, VIce-Chairman - Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2020-01-01 Adoption (Equal Taxing Authority for Counties); (Staff Contact: Kaylyn M. McCluster) c. Resolution # 2020-01-02 Adoption (Equal Taxing Authority for School Boards); (Staff Contact: Kaylyn M. McCluster) d. VDOT Wayside Park Grant Acceptance (Staff Contact: Mark W. Moore) e. County Owned Property Upon Employment Separation Policy Adoption (Staff Contact: Kaylyn M. McCluster) f. Personnel Changes Approval (Staff Contact: David M. Smitherman) g. Cooperative Agreement Approval (Staff Contact: Holly E. Stanfield) ITEMS REMOVED FROM CONSENT AGENDA h. CPMT, SR RIFA, and DPC RIFA Appointments Ratification (Staff Contact: Kaylyn M. McCluster) PRESENTATIONS a. Appreciation Plaque Presentation (Supervisor Davis); (Contact: Board of Supervisors) Mr. Warren presented a plaque to Mr. Davis in appreciation of his time and dedication for his time as 2019 Board Chairman. b. Walkway of Honor Donation Request Presentation (Presenter: Joyce French) Joyce French presented information to the Board regarding the Walkway of Honor Sponsorship Initiative. The purpose of this is to gain recognition for Southside Virginia and veterans by sponsoring the Walkway of Honor at the Virginia War Memorial. She requested the Board of Supervisors support this initiative and consider making a donation similar to those that other 7.a.d Packet Pg. 17 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Business Meeting localities have made to this cause. HEARING OF THE CITIZENS Joshua Jennings, Tunstall District, operates Guns and Ammo Business, and he voiced his concerns on his constitutional rights and the Second Amendment. He also requested the Board to consider reducing the concealed weapons permit fee. He stated that militias are already forming within the County and other counties as well. Frank Chambers, Tunstall District, also voiced his concerns on Second Amendment rights. He stated that he traveled to Richmond to voice his concerns there as well. PUBLIC HEARINGS Other Public Hearings 1. Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. McLaughlin) Mr. Warren opened the Public Hearing at 7:33 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:34 PM. The proposed revisions to Chapter 2 of the Pittsylvania County Code (Animals and Fowl) are primarily updates to match current Virginia Code. Most of the proposed revisions bring the PCC current with Virginia Code required animal hold times. The Public Hearing was advertised in the Star Tribune on January 15, 2020, and January 22, 2020. Motion to approve the Pittsylvania County Code Chapter 2 revisions as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller NEW BUSINESS a. Mid-Year Budget Adjustments Approval (Staff Contact: Kimberly G. Van Der Hyde) Ms. Van Der Hyde stated during the County Budget process, estimates are made for expenditure refunds in certain funds. When expenditure refund amounts exceed these estimates, additional appropriations are needed. The County has also received Grants and other donations that need to be appropriated as well. These types of appropriations are reviewed on a bi-annual basis and brought to the Board for approval. Motion to appropriate a total of $75,441.52 as presented. 7.a.d Packet Pg. 18 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Work Force Investment Board Grant Appropriation (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated the Workforce Investment Board (“WIB”) recently received an award notification from the Harvest Foundation for a Grant in the amount of $1,079,727.75. This is a three (3)-year Grant to be used for a Program entitled “Guided Career Exploration” which is a Program dedicated to impacting the lives of young adults in such a way that they reengage with positive life outcomes and steady work while simultaneously inspiring the County's local business community to see the immense potential in area young people and make strides to tap into that segment of our workforce. Motion to appropriate a total of $1,079,727.75 to the WIA Fund to cover expenses for the ‘Guided Career Exploration’ Program.” RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPOINTMENTS a. Planning Commission Appointment (Nathan Harker); (Supervisor Dudley) Motion to appoint Nathan Harker to the Planning Commission as the Staunton River District Representative for a term beginning on January 27, 2020, and expiring on October 31, 2021. RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. DSS Board Appointment (Bob Carlberg); (Supervisor Dudley) Motion to appoint Bob Carlberg to the DSS Board as the Staunton River District Representative for a 4 (four)-year term beginning on January 27, 2020, and ending on January 2024. 7.a.d Packet Pg. 19 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller c. CPMT Alternate Appointment (David Gusler); (Staff Contact: Cheryl J. Boswell) Motion to appoint David Gusler to the CPMT Board as an alternate for Ms. Karavanic. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller MATTERS FROM WORK SESSION (IF ANY) 1. CPMT Attendance Report Acceptance Motion to accept CPMT Attendance Report and accept the letter from Monica Karavanic. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing Authorization for Annual Tax Code Change Motion to authorize the conducting of a Public Hearing at the February Board of Supervisors’ Business Meeting to consider implementation of proposed revisions to the Pittsylvania County Code as recommended by Treasurer Shorter relating to changing the annual tax due in the County and other changes relating to outdated licensing fees. RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 3. County Community Cat Program Policy Motion to adopt the new County Community Cat Policy as presented. 7.a.d Packet Pg. 20 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Business Meeting RESULT: APPROVED [6 TO 1] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller NAYS: Ingram 4. Resolution # 2020-01-04 relating to support of HB 480 Motion to adopt Resolution # 2020-01-04 relating to support of HB 480 regarding Enhanced Retirement Benefits for 911 Dispatchers. RESULT: APPROVED [UNANIMOUS] MOVER: William "Vic" Ingram, Supervisor - Tunstall District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 5. Public Hearing authorization solid waste fine escalation system Motion to authorize the conducting of a Public Hearing at the February Board of Supervisors’ Business Meeting to consider revisions to Pittsylvania County Code Section 17-21 relating to the potential inclusion of a Solid Waste Fine Escalation System. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 6. Budget Calendar Motion to approve the FY2020-2021 County Budget Calendar. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 7. Rescue Squad Grant Motion to approve the contract to Vest Sales and Service in the amount of $290,502.25, and to appropriate a total of $261,957.60 to the Grants fund and approve a transfer of $70,743 from the Contingency Fund to the Grants Fund to satisfy the local match requirement. 7.a.d Packet Pg. 21 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: William "Vic" Ingram, Supervisor - Tunstall District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 8. Sheriff's Letter transmittal regarding Medicaid process for County inmates Motion to direct the County Administrator to send the enclosed letter to the Sheriff concerning the Medicaid reimbursement process for County inmates. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 9. Fire and Rescue Commission Stipend Motion to approve a monthly stipend of $150 per member per month for the Fire Commission with the stipulation that members attend at least one (1) meeting per month to be eligible for the stipend. RESULT: APPROVED [6 TO 1] MOVER: Ronald S. Scearce, VIce-Chairman - Westover District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Ingram, Miller NAYS: Farmer BOARD MEMBER REPORTS Mr. Farmer stated there have been three (3) structure fires recently and he wanted to reach out and recognize the volunteers and the families that have been affected by these tragedies. Mr. Ingram stated he is in support of the Second Amendment, and if he had been on the Board when the Resolution was approved, he definitely would have been in support of that also. Mr. Scearce stated his appreciation to those who came out in support of the Second Amendment. The NRA Banquet will be held on the February 27, 2020. The Funds will go to shooting programs in the area such as the Boy Scouts. He also stated the Fire Commission has a lot of work ahead of them and the stipend is going to be very beneficial for them. Mr. Dudley highlighted Isaiah Griffin as the local hero who went back into the burning house to rescue his nephews. Mr. Warren welcomed Mr. Ingram and Mr. Dudley to their first Board Meeting and stated he is looking forward to serving with them on this Board. Mr. Warren also complimented Mr. Moore for his accomplishments at Wayside Park and his hard work. He thanked the citizens for coming out in support of the Second Amendment and encouraged everyone to get out and vote. Mr. Warren also thanked Mr. Davis for his service as 2019 Board Chairman. COUNTY ADMINISTRATOR REPORTS 7.a.d Packet Pg. 22 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 27, 2020 Business Meeting Mr. Smitherman stated the Budget requests are being reviewed and things are continuing to be tight. Growth is slow in the County and expenses are increasing. The goal is still to keep the tax rates the same and not have an increase except potentially during the years when there is a reassessment. He also congratulated Mr. Slemp on the Ambulance Grant and expressed his appreciation to all County leaders. The Employee Satisfaction Survey results are trending upwards and came back better than last year and he is looking forward to continued success. ADJOURNMENT Mr. Warren adjourned the Meeting at 8:07 PM. 7.a.d Packet Pg. 23 Attachment: 01-27-2020 Business Meeting Minutes - DRAFT (1941 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Grant Appropriations: School Board and Pet Center (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: February 18, 2020 Item Number: 7.b Attachment(s): Grants Appropriation_Schools_Pet Center.2.18.20 Reviewed By: SUMMARY: The County recently received award notifications for the following two (2) Grants to benefit the County: • School Board: The Pittsylvania County School Board received a Grant from Go Virginia and the Danville Regional Foundation (“DRF”) for a Pittsylvania Career & Technical Center (“PCTC”) facility uplift, robotics at the PCTC, IT/Cyber/Programming, Elementary/Middle IT Development, and Career Connections at Chatham and Gretna Middle Schools. This Program was presented to the Board by Troy Simpson at the June 18, 2019, Work Session. • Pet Center: The County’s Pet Center received a $2,150.00 Grant from the Bissell Pet Foundation for emergency medical animal care. FINANCIAL IMPACT AND FUNDING SOURCE: • School Board: The Go Virginia and DRF Grants total $9,431,833. The anticipated amount of these Grants that will be spent during FY2020 totals $1,267,000 and requires appropriation to the School Board’s Budget. This year’s local match of $96,125.83 has been appropriated by the Board and has been sent to the School Board, since they will be this Grant’s Fiscal Agent. Next year’s local match will be covered by the County’s IDA and the following year’s local match will be covered by the School Board. The School Board approved this amendment at its February 11, 2020, Meeting. • Pet Center: A total of $2,150.00 is required to be appropriated to the Grants Fund (250- 4-094505-58492) to cover emergency medical treatment for Pet Center animals. There is no local match required for this Grant. RECOMMENDATION: County Staff recommends the above-Grants be appropriated in the FY2020 County Budget. 7.b Packet Pg. 24 MOTION: “I make a Motion to approve an FY2020 appropriation to the School Board Budget in the amount of $1,267,000 for the Go Virginia and DRF Grants, and an FY2020 appropriation to the Grants Fund in the amount of $2,150.00 for the Pet Center.” 7.b Packet Pg. 25 7.b.a Packet Pg. 26 Attachment: Grants Appropriation_Schools_Pet Center.2.18.20 (1925 : Grant Appropriations: School Board and Pet Center) 7.b.a Packet Pg. 27 Attachment: Grants Appropriation_Schools_Pet Center.2.18.20 (1925 : Grant Appropriations: School Board and Pet Center) 7.b.a Packet Pg. 28 Attachment: Grants Appropriation_Schools_Pet Center.2.18.20 (1925 : Grant Appropriations: School Board and Pet Center) 7.b.a Packet Pg. 29 Attachment: Grants Appropriation_Schools_Pet Center.2.18.20 (1925 : Grant Appropriations: School Board and Pet Center) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Bays Hauling Out-of-County Trash Extension Approval (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: February 18, 2020 Item Number: 7.c Attachment(s): Reviewed By: SUMMARY: At a prior Meeting, the Board approved allowing Bays Trash Removal Service (“Bays”) to dispose of trash from the Town of Bedford at the County Landfill. This was to allow Bays the opportunity to determine if the County Landfill is a viable option for its future disposal needs. At that time, County Staff estimated the trial period to last approximately thirty (30) days. Bays started bringing solid waste to the County Landfill on January 2, 2020, and continues to do so. Bays currently averages around 250 tons per week and currently has a six (6)-month agreement with the Town of Bedford. This was a trial period between the Town of Bedford and Bays. If the process is mutually beneficial to both parties, they will discuss a long- term agreement near the end of the fiscal year. If Bays and the Town of Bedford can reach a long-term agreement, Bays will request a long-term agreement with the County. FINANCIAL IMPACT AND FUNDING SOURCE: The County will continue to generate additional revenues from tipping fees for the Landfill Fund during this extended trial period RECOMMENDATION: County Staff recommends the Board approve the acceptance of solid waste at the County Landfill from Bays through June 30, 2020. MOTION: “I make a Motion to accept solid waste from Bays at the County Landfill through June 30, 2020.” 7.c Packet Pg. 30 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Rescue Squad Assistance Fund (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: February 18, 2020 Item Number: 7.d Attachment(s): Reviewed By: SUMMARY: The Rescue Squad Assistance Fund (“RSAF”) allows EMS Agencies to apply for equipment and vehicles twice a year. The next deadline is March 15, 2020. County Staff desires to pursue two (2) Lucas Chest Compression Systems (the “Lucas Systems”) that will be placed on the DRT staffed trucks and one (1) Stair Chair for the Hurt ambulance. The Lucas Systems replace a provider having to do CPR on a cardiac arrest patient and has shown to have positive outcomes. The Grant award date is July 1, 2020, with twelve (12) months to acquire the ambulance and spend the funds. FINANCIAL IMPACT AND FUNDING SOURCE: Total project cost is $38,912.76, of which the County’s Public Safety Department will request eighty percent (80%). The County’s Public Safety Department believes it will receive fifty percent (50%) funding in a worst-case scenario, and it currently has funds in its Medical Equipment CIP to cover the remaining portion of this request. RECOMMENDATION: County Staff recommends the Board authorize the County’s Public Safety Department’s pursuit of the RSAF Grant. MOTION: “I make a Motion authorizing the County’s Public Safety Department’s pursuit of the RSAF Grant.” 7.d Packet Pg. 31 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County Broadband Postiion Adoption (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: February 18, 2020 Item Number: 7.e Attachment(s): Reviewed By: SUMMARY: At its recent Strategic Planning Retreat, the Board discussed what, if any, its involvement should be in attempting to secure future broadband internet service to unserved or underserved County citizens. Following lengthy discussion, the Board developed the following related Position Statement: “The Pittsylvania County Board of Supervisors seeks to facilitate the private sector’s access to available resources to connect County citizens to world-class broadband internet service.” FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board formally adopt the above-Position Statement as the official County Broadband Policy. MOTION: “I make a Motion to formally adopt the above-Position Statement as the official County Broadband Policy.” 7.e Packet Pg. 32 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: February 18, 2020 Item Number: 7.f Attachment(s): Gretna Fire and Rescue 2020-02-01 Gretna Fire and Rescue Reviewed By: SUMMARY: The Federal Government, via the Internal Revenue Service (“IRS”), grants local governments up to $10 million dollars annually in Tax-Exempt Bonds (“TEB”) for financing public needs. Gretna Fire and Rescue Department (“Gretna”) desires to utilize up to, but not exceeding, $343,000 of the County’s TEB financing capacity for the purchase of one (1), 1000 gal. Pierce Enforcer Top Mount Pumper. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Subject to legal review by Gretna’s attorney, County Staff recommends the Board approve attached Resolution # 2020-02-01 as presented. MOTION: “I make a Motion to approve attached Resolution # 2020-02-01 as presented allowing Gretna to utilize up to, but not exceeding, $343,000, of the County’s TEB financing capacity for the purchase of one (1), 1000 gal. Pierce Enforcer Top Mount Pumper.” 7.f Packet Pg. 33 Gretna Fire and Rescue PO BOX 615, 122 East Gretna Road Gretna VA, 24557 WHEREAS,the Board of Directors has approved the purchase of a new fire truck; and WHEREAS,to fund the purchase of this truck a loan will be needed to complete the purchase; NOW THEREFORE, BE IT RESOLVED,that the Board of Directors approves the loan in the amount determined at the time of the purchase, less any grants and contributions that will be applied. BE IT FURTHER RESOLVED that the Board of Directors authorizes its Chairman and Vice Chairman to Sign all the legal documents related to the securing of the loan. BE IT FURTHER RESOLVED,that a copy of this resolution be placed among permanent records of the board. Singed, iik 5 PresidLfit, Gretna Fire Rescue 7.f.a Packet Pg. 34 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) Gretna Fire and Rescue PO BOX 615, 122 East Gretna Road Gretna VA, 24557 To: David Smitherman From: Benjamin Meeks Dear Mr.Smitherman, We had a public meeting on Thursday January 23, 2020 with no problems after notification of the meeting in the Star Tribune newspaper. I am in need of a resolution from the county authorizing a tax0empt bais for the purchase of the fire truck mentioned in the meeting announcement. Please reserve space in the next Board of Supervisors meeting for such a resolution to be acted upon. You can reach me at the station at(434)656-2621, or on my cell phone at(434) 250-0177. Regards, J Benjamin Meeks President 7.f.a Packet Pg. 35 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) VOLUNTEER FIRE DEPARTMENT PUBLIC HEARING LEGAL NOTICE Notice is hereby given,pursuant to Public Law No. 100-647 S1013(a)(24)(A) (1988), the undersigned will hold public hearing on January 23, 2019 at 6 p.m. at the undersigned listed below to discuss its acquisition by loan from First National Bank one(1) 1000 gal. Pierce Enforcer Top Mount Pumper and financial arrangements related thereto. Approximate amount of issue: $343,000.00. All interested person are invited to attend. IN WITNESS WHEREOF, I have hereto set my hand and Official Seal at my office in Gretna this 7th day of January 2019 b f Benjain P. Meeks President Gretna Fire& Rescue Department 122 East Gretna Rd, Gretna,Va. 24557 7.f.a Packet Pg. 36 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Gretna Fire and Rescue PO BOX 615, 122 East Gretna Road Gretna VA, 24557 VOLUNTEER FIRE DEPARTMENT PUBLIC HEARING LEGAL NOTICE Notice is hereby given, pursuant to Public Law No. 100-647 S1013(a)24(A)(1988),the undersigned will hold public hearing on January 23, 2020 at 7:00 pm at the location undersigned listed below to discuss acquisition by purchase of: Qty: Description: 1 2019 Pierce Enforcer Custom Cab, 1250 CPM Engine and Additional Equipment And financial agreements related thereto. Approximate amount of the issue: $343,000.00 All interested parties are invited to attend. IN WHITNESS WHEREOF, I have set my Hand and Official Seal at my office Gretna this 3rd Day of January 2020. cam. P . Benjamin Meeks President Gretna Fire and Rescue 7.f.a Packet Pg. 37 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) Internal Revenue Service Department of the TreasuryDistrictDirector Date: May 19, 1986 Employer Identification Number: Accounting Period Ending: December 31 Foundation Status Classification: 509(a)(1) and 170(b)(1)(A)(vi)* retna Rescue Squad, Inc.Advance Ruling Period Ends:P. 6, Box 14 December 31, 1987Crenta, VA 24557 Person to Contact: Ms. A. K. Wilds Contact Telephone Number: 301-962-4773 Dear Applicant: Based on information supplied, and assuming your operations will be as statedinyourapplicationforrecognitionofexemption, we have determined you •are exempt -froh Federal income tax under section 501(c) (3) of the Internal Revenue Code. Because you are a newly created organization, we are not now making a finaldeterminationofyourfoundationstatusundersection509(a) of the Code. However, we have determined that you can reasonably be expected to be a publicly supportedorganizationdescribedinsectionsee .above* Accordingly, you will be treated as a publicly supported organization, and not as a private foundation, during an advance ruling period. This advance ruling periodbeginsonthedateofyourinceptionandendsonthedateshownabove. Within 90 days after the end of your advance ruling period, you must submit to us information needed to determine whether you have met the requirements of the applicable support test during the advance ruling period. If you establish that youhavebeenapubliclysupportedorganization, you will be classified as a section509a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet 'the public support requirements during the advance ruling period, you will be classified as a private foundation for future periods. Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of your inception for purposes of sections 507(d) and 4940.. Grantors and donors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within the 90 days, grantors and donors may continue to rely on the advance determination until the Service makes a final determination of your foundation status. However, if notice that you will no longer be treated as a section see above* organization is published in the Internal Revenue Bulletin, grantors and donors may not rely on this determination after the date of such publication. Also, a grantor or donor may not .rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act that resulted in your loss of section see above* status, or acquired knowledge that the Internal Revenue Service had given noti a that you would be removed from classification as a section see, above*organization. over) 31 Hopkins Plaza, Baltimore, MD 21201 Letter 1045(DO) (Rev. 10-83) 7.f.a Packet Pg. 38 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) If your sources of support, or your purposes, character, or method of operationchange, please let us know so we can consider the effect of the change on yourexemptstatusandfoundationstatus. Also, you should inform us of all changes inyournameoraddress. As of January 1, 1984, you are liable for taxes under the Federal InsuranceContributionsAct (social security taxes) on remuneration of $100 or more you paytoeachofyouremployeesduringacalendaryear. You are not liable for the taximposedundertheFederalUnemploymentTaxAct (FUTA) . Organizations that are not private foundations are not subject to the excisetaxesunderChapter42oftheCode. However, you are not automatically exempt fromotherFederalexcisetaxes. If you have any questions about excise, employment, orotherFederaltaxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Code.Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicableprovisionsof .se.ctions 2055, 2106, and 2522 of the Code. You are required to file Form 990, Return of Organization Exempt from IncomeTax, only if your gross receipts each year are normally more than $25,000. If areturnisrequired, it must be filed by the 15th day of the fifth month .after theendofyourannualaccountingperiod. The law imposes a penalty of $10 a day, up toamaximumof $5,000, when a return is filed late, unless there is reasonable causeforthedelay. You are not required to file Federal income tax returns unless you are subjecttothetaxonunrelatedbusinessincomeundersection511oftheCode. If you aresubjecttothistax, you must file an income tax return on Form 990-T, ExemptOrganizationBusinessIncomeTaxReturn. In this letter, we are not determiningwhetheranyofyourpresentorproposedactivitiesareunrelatedtradeorbusinessasdefinedinsection513oftheCode. You need an employer identification number even if you have no employees. Ifanemployeridentificationnumberwasnotenteredonyourapplication, a numberwillbeassignedtoyouandyouwillbeadvisedofit. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Because this letter could help resolve any questions about your exempt statusandfoundationstatus, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, r.‘‘,4 eddy R. Kern District Director The effective date of exemption under section ,501(c)(3) of the Code is January 23, 1986. Contributions received on this date and thereafter are tax deductible. This letter supersedes our letter dated April 24, 1986. Letter 1045(DO) (Rev. 10-83 7.f.a Packet Pg. 39 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) t.I. NO. 36-24W617 f N tD a D, 1 H O 3 ,OF X 9.a • Oith• 13 N d m 7 a. G1.7 0 n, 1 71v. c3 ,< 3wmCDO m rn f O m co O cD T o' 7 < N I W Z -I. 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CCD 0 a- 7 ° C OD0•CO c< CD N N 3 O C OI y '` co O JD p. CDD c 1 m 1y W `C •`< 3 7 > o o D) O, D) Q 0_ C C = X its I I 7.f.a Packet Pg. 40 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) 0I11, , Commonwealth of Virginia Department of Taxation 1 www.tax.virginia.gov/nonprofit Retail Sales and Use Tax Certificate of Exemption Gretna Rescue Squad, Inc. Issued Date:08/01/2018102EastGretnaRoadExpirationDate: 08/01/2023Gretna, VA 24557 Exemption Number: SE541258925F08012023 This letter confirms that your organization qualifies under Code of Virginia § 58.1-609.11 to purchase tangible personal property without paying the Virginia sales and use tax. On or after April 22, 2016, the organization may purchase meals,prepared food and catering for its use or consumption. The exemption also applies to tangible personal property sold by the organization for fundraising activities. The exemption is not applicable to the purchase of taxable services, such as hotel and motel accommodations. To purchase tangible personal property without paying Virginia sales and use tax: Present a copy of this letter to each dealer. Pay directly from the organization's funds (i.e., debit card, credit card or checking account). Purchases by a member of the organization from his personal funds (i.e., cash, personal credit card or personal checking account) are taxable even though they may be reimbursed by the organization. If the organization issues credit cards to employees who are responsible for payment of the charges that are reimbursed by the organization, these types of transactions are taxable. Employees or members may NOT use this exemption certificate to purchase goods for personal use. The organization must establish: 1)that the provision of meals, prepared food and catering to individuals furthers an official function, mission, service or purpose of the organization; and 2)that the organization has determined to whom, when, and how the meals or food are served or consumed. Dealers, please note the following: The dealer is required to have a valid certificate of exemption from each organization on file. I certify that the item(s) being purchased will be used or consumed by the organization named above and that payment for this purchase is made to the vendor from the organization's funds. Organization's Authorized Representative:—P,2,,,A v,, _ , Printed Name: Perneice White Any misuse of exemption certificates will be subject to the penalties prescribed in § 58.1- 623.1 of the Code of Virginia. 7.f.a Packet Pg. 41 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) t, .., , ,,, , , ,, ,. gR, FIREDEPANT trRIME , , 211Pe43.fiegly.)9ImeR;ipur,spAtitto.f Obr--;',.-1,, PO'1..--. •.-:.--',,!-,.-. ;.•. , , ,•3 n'l\- ',. 0341:$93:0p)(A)ii(39,6.0) ,tli urir4..,rs'-rd 1 -1 .,.J' - -- ' ' January144ged.petlialhearing.,or .-: 73-2019.a"''''on „;. --. ,- • Y v vii,---1t;f-vrtiiatlistedtelovc'to disc,;J$:,$': Oi 4 t 4”4: A-r'.' L La'-' ''-gl 'LL11.' 0i.,Ottpnt*ItirAronvPit5t•Rptipt17Bailic.,000,..(t. 100IgklPre.rAltnfotget'AIP,2Md(irrPjlopqrJ'r-e.t'r?,..,,,o.,,:.,:':-.- ••• ': ": . " j41#04000041-#S41004:49#606•APPOO,Cirt740,—''''';--r i--,oP-o o-,!-,•;;ey c.f ",i,00,)1"::---;:itio:,11. has been pub- loARto) Is APtl.. :Aildiatp_re:ste.01pers,06- 1rwitOci'l'Olorlit:IN-WilftilE,58:''WiliFRP F'.;I- --:. -•,1.3c.c.c_sii-ye ',,,,,Tiz--,.--7,1r:.,s i t.-i the Star-Tribune,Ati:i'*i. 0:11W11Q), $11)44/aRaallgMtnPlatlSealaVmy,of,.1o:.,, 4. 1.4-,..., ;-• ^I/1-5..v...01K"I' i ri P-Litc:Ovaro a0!Ilboong mqth,dqtptl)antiqry2011.' - r''' :"'1 v.,. ,,,..1...-.7 C., kto,..1....7A o.vo_ _ . ..,.... l'3',,i,o,,o'e t,.J.?:,,,,,./,i.,,,,:::.,:.,',,-,;.•.,L,,,• 4,,,,,,. - ..., nd ending 3j01:ialrisgt 4 escoeI).epaptritent:••; 2? pietiand'OttIa3V4657M2 Chad 1.;19m-i-son Publisictel. 7,.------'-' 1,----El,71'1;-I;,-.T PI'2.li:',-",:-.1., :•_Ic-er t ii,-, 4-I,„4--= -,)--,blisl-terb — - - - - tileak..6.0,A4Tathibr..04.4.4...". 1 t,',OTLEw Y PIF. 1.-6:IC, 0- "c ,-.7AoTI.ON;7783537 1 ,_'•o:',,,ot ICA'!‘ .v...:7-H OF VIRoVNIA o.-r,o'c's :,•-•'.,,...5-,c:•:,,,Fix. oFor :,.'PRIo..X.2022 STATE OF VIRGINIA, AT :....,iv,„-‘, -ic L,„„„.,,....:„,,,,.tqe.$),r4cv,eay.tr.o.CO*W.,r,,.• i ' "7,- -. .--.,County of Pittsyivarua, Th :.ti., The foregoing i 11St,-.1.:t-n..,--mt. ',',.z.--..:, ?,,,:.i,;:_nc,v,,T3eol.;:-,_:e,-'' netc,re me this 77 Ly.,,,,d_Aitiv-sol0.3 day of LJJ,--2/r,,,-, .=. ...,,,'. ',..),_:,./.L; b e___1_/•,c. • My commission exoly,,,--- v ',--.L.....,...jz.L. ii_ f( -4 '----` Ota!-c," Public 8 N. Main Street Tel.; (434) 432-2791 O. Box II1 Fax: (434) 432-4033 hathazo., VA 24531 i* 1@ 4:hathanistartribune.com 1.0./7.03E1,7, 7:- :00 7.f.a Packet Pg. 42 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: 5..4!.. ,;'. 0 .y r 4:1-4;,, ;*'670.,-1.4-4 .:-. , 11 T-r .T.-ci Is ,,_ "41 i tb, 1:1 t - , e- 1 A is, ti L -1/41.'4-''''' _74- AL Pa. 4I-.) 1, -M--4 Serving Pit;4- ..,,, ,,,-1,-; _, t--- „ ,Tpt'7 C '''e e 71 P cati,:-Nr;. I hereby certify that the p.rtti-..ie-..:1 nrcier of 71 1 b cator, has been pub- lished once a week or :,Acces.sive ,,,,,- t„-:•1_s i-cl, the Star-Tribune, a newspaper published a, r-,(--.., 1, fiaiilani ofic-,-.:- ir. P',ttsvivania County, Virginia, beginning or, 7, ' and ending oni'\ - - Chad H. -.. on Publisine- yr----:i:- ,--,r ..-•',--i :-1- - ,f1',' i '. I i''''1‘ ,t.o.'....--11 er e. 5 f ‘_1 •..._, 1., .' L.4....i LI 013.. , 1.,....-. ts k. ..,.LA, ;...i L.2.11._ j 4,42 4 1,aclibtAetiv...-4, 7 ,N ,72,-,1-7r.7"071.0! AR' P'k.i3,..v7 1. ^T-CN 47783537il j- %.,';':•147407•;VV ,isi-,H OF V:RGNIA r."--".' VI P..)oiRE.i',Fr!: 310,2022 STATE OF VIRGIN LA A i'. ; %;--i. :,E s-t.,.,-...-,,,,,,...-v County of Pittsylva:iia„ -,`1%---vi The foregoing ins nn ',',' ,-.7,.i.r.knovv '1,..-Jdir -.2,-.1. b...-fr-Ire me this 3 day of r_ giii -),-),, ,-„;.,,- ,...‘x ,),,,-,,. ',' bv My cornniission (---y7,-;, '-,1E-i. t.,-.1' PuiAic 28 N. Main Street Tel.: (434) 432-2791 41,>.0. Box 111 Fax; (434) 432-4033 hathara, VA 245314..tit..:1-hottiamst artribime.colu E 0 i:10 3:1'7' Tr :00 0007 7,7,01- 7.f.a Packet Pg. 43 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Page613 Star-Tribune,ChathamVirginia,Wed,January 15,2020 in Classifleds To Place Your Classified f Call 434-432-2791 visa- At t iio5 REAL ESFtTF Noises HFJP Vf.wl D FOR SAIF SIRVI(1% SERVICES SEMI( 't SFR11cos A T T N • DgilI Solutions Julie Ramstte, Doss Estates hir- FEED FOR SALE: Handyman, any Oliver. Attorney —1 — DAVIDiSAUCTIONEERS: Natpetresults,Call Nanns Wood Bai- ing as. Ds, All Feed wheat6011,5., Pb ineide or euf (Facebook). 757-Advertise your Lander Clark atVa- ley.Andeei Baker Shies available. •37 whole coon 50 Pressure wash- 490-0126 Se Hada WASHING _ upcoming auctions 9ma Press Servic We aro doing a FT/PT. a 12-hour Ips.56,ground'"?../!: ing, lands home Espanol.BOBMorn- SENyj sataxieeor inothereI types d home bar. lisps://hiuono-l) ilsetae. ABoreabk es 804-521-7576, family reunion weekend shifts. 50 lbs.,57,mixtimp r ovement liverattorneyva can. Wehiwh vete bePrintandDigitalandonc@vpa.nel September 5 2020 Fa more informs- 50 lbs.57;sweet Re ire is small.rnr.. wateffatkvery ben a s.e.aarr..Solutions reaching r`"• (Labor Day weak- eon,call 434-656 horse sed 50 lbs References avail- 1uEByjobgdea ne,e..oenaa,s..your targetaudie. end)Ticketswill be 6881. (11/27-TF) 59:hog feed wffh able. 434-656- Heating and NC II= s. Call this paper sold atgas(we.minerals 50 lbs. 6430 or 434-704- Service and Repair houses,dedlsOea2)/s, or Landon Carle only)o.ntaN- 57.Earl Owen 434- 8596. 8-17-nnu Licensed, insured, pd equipment. yam, at Virginia Press Moving SALE ing Annan_Adults NEED CDLDrivers? 632-0016 724-rt. and professional.All Ly- ectM Services 804-521- Moving Sale $20 Sanson 4-15 Adverb.Your JOB ra,r types of systems. yjattUo-b0117576. Iandonc 1/1&2020 8 AM- OPENINGS sate- Central Boiler Same day service. vpa.net 3PM.lotsd stuffto Hold,andbebw wde o in other Hay for Sale I outdoor wood 434-770-0236. GIIwest,1NSfa Cew- go,tools luggage, 55.„,M M Nd- sates. Affordable Orchard Grass/ Brows,Cal Sar- 1.15.ling RPPSnni[K x stun,ali moat 1dsY 411 IIICampPrintandDigialTimothy- Bic rate Wood Fur-rn.n.. LimainkbNred. RW aGPACKESTATEgo,Veryreasonable W91 provide over- Sdutlons ro re ca squares.431489- nacos for rebut.. pies JAN. 25, 10 AM. prices. 120 three nigh as.mmo- Hack erirers. Call 1458. 12.11.500 Roma- 494-822- 41 The Sarrabune POWHATANTRACTORS. VA. tletionv t matled. Land.Clarkat Mr- 7335 Call- 434- sP dto ere,, ca iew- TRACTORS, '15 pointe tele drive Please .Matt fi° 3344398 4,17,Mn ' s d HUD'sGMC2500DIESEL. Penhook vM .ere R Anndt Cash- esna 806521-7576 FOR SALE:Cut-rm- js al • eoea on0000n4vZEROMOWER, es 8434240 0004. landoncAvpa.net tom-built vinyl r : coO POI FairBEEFCATTLE, 1/8120-2-Ipcc c replacement Scruggs TroyTrim- I at cTRAILER, HAY ming, Topping law make. EQUIP. Of/lW N077CE Wintlows. High and Into Ramor s ' Bey rree, oeo CM WlE ACM AIRLINES ARE quality, efficient, nr Free Esti. rNSIe-( )547 Pi tto yl v anis HIRING-Get FM double pane, nave Licensed 9100 County Beesep- approved hands on with additional and Insured. u,,.„„ Asaocna- FOR LF:1Sk. Aviator tramng options, Reason. 434-851-7010.an national o n,sea, tion's oRerirp a Financial aid for abs prima. Pro. 9,4, rHn grebefamilial usSpinner's Bae iron is D2 Our qualifiedsteps fpasnorul instals-kesPing Class Hunters will Pay Career placement lion,Call Thermal M11b- a - mit not mmw,re10REALESTITLTOP555Tohuntassistance. CALL Till Window Prod- Hantlyman Servio- aa1 eJanuary16,23,30, ymr lana.Cell to 38812.5 Bath Con- aFsbnearyeth.u5 a FREE inti packet Aviation Institute uefe, 338-894- as'W8 dean Wse- We Welcome ate Contact tees- 60mte.1-866304- of Maintenance 1811. Thank p., use ear Your Puppies!do. Glide Caen, ats0 trim tree's,leaf i 55- - 3,396 2202328 o tepee 1507 www.Bason SCHEV cerfied o Medi.and anyCa,,...ing.com 877-204- 4130 e.-:: mhserothe- Ba re Fished 1 2-2 5-4 5 0 other handyman I1lealxpryaapuppws&VelmdHBasement, Sun- 1 2.2 5.4 1 p mu...owe. Use Seal N Heel® cervices. Please 8eo um news• tom,large Deck,ea Housekeeper on seal wounds ranted 434265- ppad°9 d a,are amorma loocar Garpa. Pan- a and is 9456 rot.a bee as- Acalm' unMbau "PO Serous inquiries Attention: time3daysaweek. with a bitter taste timate. 1/15/20-2M WNWhelpdNoe B anis,League r.oyy, 434.907- Looking for gte FOR RE\F Coule woo min a to prevent gnaw- .oma. weareal*tofed t4- ha esfix eHooetra7451. (1-8.40 ) folb.tn de- Slays job.In Uy. m9,allow Stang. Q f"pg36edroomen... Slays Community. Soother 432- 420101 Dsted, 3950586on- lime. kl-hinsvidASITY mometn dtergo.yotelenaeendeMnd: On Smith in Fountain 1151200 2023. Coop awnd, s395a5N5 Iimeee MlASHY.010 atledglJe.Geroge Washing- On Mountain 1/82W (www.M1aPPYleck- mon cost No dr.)a87-453 an ATTN.REALTORS' f. Davis. Gu Lake.941-3803832 dr 387-4530 w.Adverse your list- Davis, Lucinda or 941-3803020 OiOo Inc.'"') 1.15, EstmatedDpsomata- Call 434.432.0080 for info 4r r rrMee'hear-snge pPotniardi. Hamlate. Ems 55a ane N°h'- SPCA ofPittsylvania Countyat, '" 2x-009 cmBays. Hilt. WO547-4090. LEGAL NOTICES ABCNOTICE purchase one(1)14 Passenger Body on 12-1727) but no mom Nen 09,900.00 of cash will be TheUK ManagementIncTradingas: Chaos van with wheeldleir00and one(1) Default having been made in the arms of a accepted.The successful bidder's deposit will Community KwikShop,9800 Franklin Tpke, 5 PassengerMinivan with ramp through the nein Deed of Trust dated June 21,2017,in beretained atthe sale andapplied to the sale Dry Fork.Pittayhania,Virginia 24549-3936 PTA Section5310 Programtoreplace two(2) the original principal amount of 3143,715.00 pace.II held by thetrustee,all other bid depas-maaboveasYblie's.*is applyingto the older,high mileage vehiclescurrently being and recorded in the Cork's Office of theCircuit is will bereturned tothe unsuccessfulbidders.VirginiaAlcoholic BeverageControl(ABC) used inthetwobmitiss.Inaddition,SW Court of the County ofPittsylvania,Virginia as Settlement is to be made within 15 days.The Authority foraWineandBeer offpremises is welting funds,under the FTA Section Instrument No.170004183.the undersigned successful bidderwillbe responsible forobtain- licensetosal enmanufacture alcoholicbey- 5310 Program,to continue coordination and SubsMde Trustees will sell at pudicauction co ng possession of theproperty,and fa all costs erpp, service impsmenaWn activities undo he February 14,2020,at10:00am..in front ofthe andfeesrelated to recordingtheTrustee's Deed. SameRaffgee,Presider. Mona*/Management Program,forthewest building heusing the Pitsyhana CountyCkmit alluding the grantors ax.The suaasaful bid-Nate:Objections to the tea em of this Piedmont DistrM, Court,1 N.Main Sheet Chatham,VA24531. der willbe required to execute a Memorandum Meana must be submitted to ABC no later We invite any interested public or pirate the property designated as Lot 1A,containing of Trustee's Sale,available for review on the than 30daysfrom the publishing daleofthe transit or Pemba/wit operators inthe City 0.622 ac.,ironing the N.margin ofCreekvew Foreclosure Salespage ofwww.gasseraw.com.firstoftworequired newspaperlegaleo0W. ofWrinssIl.and CountyofPitleylvanle to Lane.sham on Platof Survey recorded a the ourining additionalternsofsaleandsettlement. Obpcoonsshould beregiatered atwwwsbc. commenton the proposedservices bysend- aforesaid Clerk's Office in Deed Book 1226. A Trustee's Deed will beprepared byTrustee's rkginiag0ven000-522-3200. Mg a writtennotice byFebruary 1st,2020to Page 716.Sale is subject to all prior Mens. attorney at high bidder's expense.This is a 1/1581122 DepartmentofRailandPublicTransportation easements,rmtridlons,covenants.and condi communication from a debt collector.Gas, PubicTransportation Division,600E.Main Sons.itany,of record.orother matters which andGlasser,PLC.on behalfofAttendsTrustee PUBLIC NOTICEOF INTENT Street,Sake 2102,Richmond Virgins 23219 would be disclosed by an aeeurete survey or Services,LLC.Rocky Mount Ties,Ina.,and/Southern AreaAgency on Aging(SAM),in and to Southern AreaAgency on Aging 204 inspection of the premises.TERMS:CASH.A or Aucuon.com-HA.LLC.Substitute Trustees, behalf of is subcontractors In the Cly of Cleveland Avenue, Martinsville, Virgins deposit oflaggit,Q(Lor 10%of thesale pice, Croom Center 9uMang,Suite 600,580 EastMartinsvilleandPittsylvaniaCounty,pro- 24112_ whichever is lower,will be required of the sub Ma.Street,NadoE,VA23510,FileSc.221755- poses to provide fixed mute and demand 1115/1tu cessbl bidder at timeof sale.Prior to thesale, 01,Td:(757)321-6465.between 1000 a.m.8 response transportation throughout the interested bidders will be required to register 1200nen onlyCityofMartinsvilleandtheCountyofTrusteesSalawithandmustpresentabiddepositwhichmay1/5,215 PRlaylvania. Funds aro being requested 152 Crekview Lane,Cascade.Vagina24069 be heldduringthe sale by the trustee.The bidfromtheCommonwealthofVirginiato (Parcel ID.1359-12-1727 Tax Map No..1353- deposit must be certified funds and/or cash, DEEDS Deeds recorded Properties LLC,Lot 2A, Franklin Edward Austin, Lotsand Tracts,5225)0). Association, Shapiro & 626,$10500. in the Pittsylvania 1.55 acres,Stare Rd.863, Ricky D.Trent to Corey Harry W. Power to Brown,LLP;Atty.In Fact Pamela 1.Vier to Nancy County Clerk's Office $4,250. J. Wyatt and Tashauna William V. Leggett, III to Four Fifty-Five LLC, A.Parker,Saunton River Deeds recorded in the Equity Trust Company: L.Wyatt,Staunton River and Elizabeth Nicole Reid Lot 33,5.000 acres,River District,Parcel B.0.129 Pittsylvania County Cust,Douglas C.Rogers: District, 7.130 acres, Leggett, Staunton River Ridge Farms.364,0(10. cre,Deed ofGift. Clerk'sOff:By Cuss,to Countryside 570.000. District,Lot 10 andLot 12, Jimmy Barbour to James a Nancy A. Parker toMichaelR.Swanson to Land Company LLC. Howard Washington $54,980. Gray Huhhard,JF,Staunton Pamela J. Viar,Staunton WilliamA.Fmrson,Jr.and Staunton River District, Bolton,Jr.; By Atty In Colleen Phillips Shelton River District,Parcel 2A. River District,Parcel A, Anita D.Emerson,Tunstall Jut 5 and Lot 22,Easome Fact,Howard W.Bolton, to Matthew A.Welk and 1.65 acres,Deed ofGift 0.198acre,Decd ofGift. District,4.112 acres.State Rd.,$13,125. Jr.;By Arty.In Fax.H. LindseyD.Wells.New Lot Jacqueline Myers Patsy C.Felts;Executor, Rd.839,$10,280. Jerrie 1. Snead to W.Bolton.Jr.;By Any.In 1,56.682 acres.5125.IX0. Hamlett, Bobby Ray Marie C. Anderson; Virginia K.Newman to Elizabeth Ann Carey. Fact,Mary Nelson Bolton: Susie Smith Gilley,Susie Hamlett to James Monroe Executor,Elsie P Chaney: Cindy R. Anderson and Tunstall Dismet.Lot 16 By Atty. In Fact. Mary Smith Asbill to Waller Myers. Staunton River Dec'd by Executor,Elsie P Anthony C. Anderson. and Tract 17.Deed ofGift. N. Bolton; By Atty. In Hampton Vestal, Ill, District,Parcel.U5 Hwy. Chaney:Est.by Executor, Callznds Gretna District, Francine Monroe Fan,Howard Washington Westover District,Lou 40, 29,Deed ofGift. N Brian L.Perkins.Lot 5, Lot 10, Sate Rd. 763, Townseil, Michael L. Bolton,Ill;Atty.In Fact, Section 3, Lost Corner. Elsie N. Gregory to RosewoodSub.,$68500. 5230,0110. Townsell to Theodore R. to JHN Investments $21,300. Franklin W. Monroe, George Ryan Meyer Von EdgarMoms Franklin,III Calloway and Debra H. LLC,Various Parcels and Super Deli & Staunton River District, BrementoF.AcieAllen.Jr. to Robert Carlton Balance, Calloway,Staunton River Acreages,583,600. Convenience LLC to Lot 2,1.05 acres,Deed of and Robyn B.Allen,Town Jr.and Catherine Balance, District. I() acres, One Champe B. Anderson; Bharatiben Choudhary, Gift. of Chatham,0.287 acre. Town of Gretna,Lot 4, Ninth Interest,$6500. TT..,Robert W.Anderson, Staunton River District, Kenneth Haskinsto Barry Whittle Street 579,)50) State Rd.40,555,000 Patsy W.Glass to Patsy Tr., Nancy B. Anderson Lot I,1.555 acres,$60,190 D.Washburn and Robin Vivian P Martin,Vivian W.Dickerson,Wt D,1937 Living Trust;By Tr.to Big Fannie Mac, Federal K. Washburn. Cailands P.Poole to Lester Renal acres,SI85,(00. Time RentalsLLC,Various National Mortgage Distrix,Tact,State Rd. WARRANTS LEGAL NOTICE Warrants issued by the Mayhew,Jooeph Norris, Lamont, 3020 R and L Thurman,Windt Gale, VOLUNTEE_ Pittsylvania County 132SGordon Rd.,Cellands, Smith Dr.3,charged with 10 Hare Road.,Gladys, FIRE DEPARTMENTNT Stxriff'sOfTeDecember charged with trespassing] brandishingfirearm. charged with manufacture,PUBLIC HEARING23throughDecember30: destruction of property. Hedrick, Christopher see,possession controlled Notice is hereby given,pursuant toPublic Law No.Barksdale, Damar monument/assault and bat- James, 283 April Ln., substance/ contempt of Rakeem, Greenavjlle Wry.family member. Danville, charged with court. 100-647 S1013(a)(24)(A)(1988),the undersigned Correctional,charged with Carter,Marqukdamari, assault and battery-fam- Adkins, Christopher will hold public hearing on January 23,2019 at 6 felony by prisoner/nos- 3288 Irish Rd.,Chatham, ily member. Carl, 140 Adkins La., p.m.atthe undersigned listed below to discuss its ton of controlled sub- charged with grand larceny Hodnett, Samuel Gretna,charged with con- acquisition by loan from First National Bank one(1) arances. 4 counts). Morrison H,425Audubon tempt ofcourt(3 counts). 1000 gal.Pierce Enforcer Top Mount Pumper andHicks, Jonathan Ray, Carter, Shaquan Dr.3B,charged with reek- Hammock, Ryan financial arrangementsrelated thereto.Approximate368RileyFarmRd.,Axton, Tykeem,3288 Irish Rd., less-general. Wayne,4804 Farmers Rd.. amount Ofissue:$343,000.00.All Interested personchangedwithcontemptofChatham, charged with Oakes, Paris Spring, Gretna,charged with vjo- awrt, resist arrest or obstruct 267 Ferry Rd..Danville, are protective orders. are invited to attend.IN WITNESS WHEREOF,I Wilson-Tyler,Timothy justice/grand larceny(4 charged with assault and Murphy, Americus havehereto set myhand and Official Sealat myof- Lcslie, 3833 Brooksideuouts). battery-familymember. Dashawn,705 Telegraph fice inGretna this 7th day ofJanuary 2019Rd.,Axton,charged with Adkins, Nathan Dale, Yeatts, Angela Rene, Rd..Gretna,charged with brandishing firearm/reek- 70 Ashlawn Dr.,Danville, 476 W I Powell Rd.,Dry possess, distribute con- Benjamin P.Meeks,Presidentlesshandingoffirearm/ charged with probation Fork,charged with resist trolled paraphetn.Gretna Fire 8 Rescue Departmentassaultandbattery-family violation. arrestor obstructionjustice nsrmhan Crawler. Paxton 12 counts). Hpage76 122 East Gretna Rd,Gretna,VA24557 7.f.a Packet Pg. 44 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Star-Tribune,Chatham,Virgima.Wed..January 22,2020-Page 7B LEGAL NOTICES Continued from page 6B 22201.Formuteinbnrauon contact BWW law FACT,THE SAME PROPERTY CONVEYED terms,Uany,to be announcedat the sal.This OF PITTSYLVANIA COUNTY,VIRGINIA,AND Group,LLC,attorneys forEquity Trustees,LLC, TOKENNETH A.INGRAHAMAND SAMANTHA is a communication from a debt collector and BEING IN FACT APART OFTHE PROPERTY 6003 ExeatIve Bled,Suite 101,Rockville,MD C.INGRAHAM,HUSBAND AND WIFE,FROM any information obtained will be used tar thatCONVEYEDTOWALTERL.CRIDER BY DEED 20852.301-961-6555,website:aywybww.=_=_Aac. JAMESR.JENSEN AND BETTY JO JENSEN, purpose The sal A subject to sellerconfirms- DATED NOVEMBER 4,1997,FROM WALTER 15m.VA-345836-1. HUSBAND AND WIFE, BY DEED DATED tion.Substitute Trustee.Equity Trustees.ILC.C.EDWARDS AS EXECUTOR UNDER THE 1/22tdtu SEPTEMBER 7.2005.TO BE RECORDED 2101 Wilson Bled.Suite 1004.Arlington.VA WILL OF VERA GRAVES EDWARDS AND OF CONTEMPORANEOUSLY HEREWITH IN THE 22201.For more information contact BWWLaw RECORD IN THE CLERK'S OFFICE OFTHE TRUSTEE'SSALEOF 5036DEERFIELD LANE. AFORESAID CLERICS OFFICE,TO WHICH Group.LLC,attorneys for EquityTrustees,LLC.CIRCUITCOURT OFPITTSYLVANIACOUNTY, DANVILLE.VA24540.In execution ofa certain MAPANDDEED REFERENCE IS HEREMADE 6003 Executive Blvd,Suite 101,Rockville,MD VIRGINIA.IN DEED BOOK 1095.PAGE 610 Deed of Trust dated September 15,2005,In FOR A MORE PARTICULAR DESCRIPTION 20852,301-961.6555.website:eraebwwwles TERMSOFSALE:ALLCASH.Abidder'sdepos- the original prindpal amount of$251,910.00 OF THE PROPERTY HEREIN CONVEYED, gom VA-345381-1. it of ten percent(10%)01the sale once orten recoiled in theClerk'sOffice,Circuit Court for IT BEING UNDERSTOOD, HOWEVER, 1/22/29, percent(10%)oI theoriginalprincipalbalance of Pittsylvana County,Virginia,m Book 1515 at THAT THIS CONVEYANCE IS BEING MADE thesubjectDeed ofTrust,whichever is beer,in Page 207 as Instrument No.050008001.The SUBJECT TO ALL EASEMENTS.RIGHT'S theformalcash orcertified fundspayable tothe undersgnedSubstitute Trusteewillofferfor sale OF WAY AND RESTRICTIVE COVENANTS Substitute Trusteemustbepresentetthetime of al pudicauction in thefront ofthe Circuit Court NOW OF RECORD OR AFFECTING SAID thesale The balance ofthe purchase pricewill building forPittsylcanaCounty,Virginia,1 North PROPERTY TERMS OF SALE'ALL CASH. Danville-Pittsy-!vaniabeduewithinfifteen(15)daysofsal,olhwise Main Street.Chatham,VirginiaVirginiaonFebruary 26, A bidder's deposit of ten percent(10%)of the Purchasers depositmay beforfeited toTrustee. 2020.at3:00 PM,the property describedin said salprice or ten percent(1D%)of theoriginal Community Services •Timeisof the essence.Ithe sale isset aside Dem of Trust,treated at the above address, principal balance of the subject Deed of Trust. fa anyreason,the Purchaser at the sale shall and more particularly described as follows: whichever Islower,inthe form ofrash or cad- be entitled toe relum of the deposit path The ALL OF THAT CERTAIN LOT OR PARCELOF fled funds payable to the Substitute Trustee PUBLIC NOTICEPurchasermay,aprov,Ced by the terms ofthe LAND,TOGETHER WITH IMPROVEMENTS must be present at the nine of the sal.The Trustee's Memorandum of Foreclosure Sale. THEREON AND APPURTENANCES balance of thepurchase pricewill hedue within Danuillo-RtlSyloania COMM.* Ser-be entitled to a 450 cancellation lee from the THEREUNTO BELONGING. SITUATE IN fifteen(15)days of sale,otherwise Purchaser's vices(DPCS)in Danville,Virginia,No-Substitute Trustee,but shall have no fuller PITTSYLVANIA COUNTY, VIRGINIA. AND deposit may be forfeited to Trustee.Time is poses to pmvkle transportation foriMi-me against theMortgagor.theMortgagee MORE PARTICULARLY DESCRIBED AS of the essence. If the sal is set aside for vldUelS with deVeb tel disabilitiesOftheMortgagee's attorney A fosscopy ofthe FOLLOWS: LOT D, CONTAINING 2.096 any reason,the Purchaser at the sale shall 0 ual City of oosloM Pi113 leTrustee's memorandum offoreclosure sale and ACRES AND FRONTING 243.69 FEET be entitledto a return of thedepositpad Theylvan conned to purchase real property is available ON THE NORTHEASTERN MARGIN OF Purchaser may.0 provided by the terms ofthe County PATIOS are being requested or viewing at mee,Bewsales.com.Additional DEERFIELD LANE (STATE ROAD NO. Trustee's Memorandum of Foreclosure Sale, from the Commonwealth of Virginia to arms,itany,tobe announced etthe sale This 1543).AS SHOWN ON PLAT OF SURVEY be entitled to a 650 cancellation fee Born the pgmhase two oAlealdlalf ausessible is e ni®UBornBoa debt collector and FOR MICHAEL P CAREY AND LEIGH A. Substitute Trustee.but shall have no further modified minivans through the FederalanyinformationobtainedwillbeusedlerthatCAREY,DATED AUGUST 15.1995,MADE BY rams-se against the Mortgagor,theMortgagee purposeThe sale issubject to sellerwnemha- SHANKS ASSOCIATES,RECORDED IN THE orthe Mortgagee'sagee'sanoey.Aformcopy ofthe Transit Administration Section 5310 don.Substitute Trustee:Equity Trustees,LLC, CLERK'S OFFICE OF THE CIRCUIT COURT Trustee'smemorandumof foreclosure saleand Program These minivanswouldreplace 2101 Witson BIM..Sura 1004,Arlington,VA OF PITTSYLVANIA COUNTY VIRGINIA.IN centred to purchase mal properly is evadable fad DPCS yefldeo Mialarebeyond heir DEED BOOK 1021,ATPAGE 269:BEING.IN for viewing at www.bsewsales.corn.Additional Ulefol Ice dUe 10 age and/or mileage. Both minmans,equipped with a wheel- L E GAL NOTICE chairramp,would toused for thetrans- DEEDSpodation needs of indMduals enrolled 1.:.1;11 V LUNTEER in DPCS'Developmental Services Day FIRE oEPARTmENT Services pram and Residential See Deeds recorded Herndon,New Parcel I, 29,961,000.00 PUBLIC HEARING 1.to transport vehicles mobile ldd 500 in the Pittsylvenia 36.701 acres,Deed of Richard Thomas nsparl County Clerk's Office Gift. Rowland. April Lee Notice is hereby given,pursuantto PublicLaw No. ambulalC'Hindividuals fora wide range January 13 through PaulineRae Brown to Rowland to Sam L. 100.647 S1013(a)(24)(A)(1988),the undersigned o1 Program staled 00101906.ouch as Janus 16: MarkD.Covin necessary appointments,recreational,January Covington,Lot waver and Robert Will hold pudic hearing on January 23,2019 at 6 social,and other community integrationBufordH.Hemaan, z:J. Oakwood Drive, L. wooer. New D m.at the undersigned listed below to discuss its aOBuISes.Myrna B. Herndon, $78,000. Tract, 16.5658 acres. • Barry M.Herndon.Lisa Joseph W. Lovelace, 538.929.63 acquisition by loan from First National Bank one(1) DPCS invites any interested public or B.Herndon to Buford Gail H. Lovelace to John W.Shelton,Ann 1000 gal.Pierce Enforcer Top Mount Pumper and P"'rale uansil Of paroBansit i"-Perak. Neal Herndon and James W.Gregory d D.SheltontoJulie financial arrangements related thereto. to cothe mnNllon t e pro a County areagrYanTyreeIgApproximatetocommente-the proposedbCortneyL. Herndon, Jamine L. Gregory, and Jennifer Eames, Feru-amount of issue:$343,000.00.All interested person by sending a written notice by FebneNewParcel2,36.698 Callands Gretna 65.6aces,Deed ofGift am invited to attend.IN WITNESS WHEREOF,I arty 1,2020 to the Virginia Departmentacres.Deed ofGift. District,Parcel B.I.(Xn with Life Estate Buranl H. Herndon, acre,$tu,00o. have hereto set my hand and Official Sealat myof- lieofTail allPublic T ansportation—PetrfitsinGretnathis7thdayofJanuary2019Transportation,Division,boo E.Main Barry M.Herndon,Lisa Jamie H. Godfrey, Street,Suite 1102,Rldlfllaltl,Virginia B.Herndon.Myrna B. Jamie Lee Haley.Brad 23219,witha oepyto Daniele-Pitfsylva- Herndon to Barry M. Godfrey to Benjamin Benjamin P Meeks,President sh4 Community Services,245 Hanston Herndon and Lisa B. Mayhew.Parcel,US RI. Gretna Fire8 Rescue Department Street.Danville,Virginia 24540. 122 EastGretna Rd,Gretna,VA24557 Lifetime , .ABSOLI FE AI-('CION - OUTER BANKS.NC-VACATION RENTALS 1 Wed Feb 19 12 30 PM 147Dr\NAve k6 Cr mord VAMTAL Ove 509vacatian ROOFING halnM fromS.NaasHead 3:i..-'4: 4lxtlpe gCri ,.. P114,511 vnYFAIFONTHSENrry, SUPERIOR DURABILITY"SENIORCITIZEN DISCOUNT 22875SF Omce on6Ac03.5AcCorneron Main StFACTORYDIDECT•WERNANCE•CAIINOW! F e4Slen...Oaa,Eledmheadn Mn.PIRPceOdewk°merM 3224P,ItomadgevaterCokge inalrohnRAU.In:Ppm lilt.Be Oveorartire bGelsIsalTepAaruenecomI(434)647.7741 I V,S I :LEJIJt J.iJ aC!T.COm LhS'1n eS`S l The place tofind the service professionals . grolbs4sibnel you need to;get the - job donee AUTOSALES i ADVERTISE WITHRACHEL r I INSURANCE t , r ,,,,,,7-;:...,,,,n n+ Thompson MEADOWS g RACHEL NANNEY i ° Thompson ce AutoCenter Inc. i 6i5SMaieSh•CheNrm Doss 432-6211 innadirnpsnaiharrwr{recon Toll Free g a,h,h e c. s... „ r ESTATES .ARMUTO•COMMERCIAL 866-585-5235 €FA •LEFF•BEALTBae.R,.,rtrha SI tit-1111111\I 4 INC.434)656-1740 A adults with OPTOMETRY IiUrtlierWnfand s skeet°PreentaI Friedrichs FamilMossH0MEye .^P w, disaf7ilitieI Eye Center y c, IMPROVEMENT&ROOFING,INC. 1 - Yoarchoeoa Optometry Siding•Windows•Gutters e`' a v,,:.f• 1i 9°Mr awwamwAan tR t ew f•'- aF.QAKbhOA go M i w P c Rd 432.1500 su 46 Iwokdbtlee Chris MillerD ni4e.anasT txu.yastawwawe amhF ay'"'w- ` dnss ulr trvatrpainl.nrt Y -•Py°a PHARMACY c r+If 100 DAY SUPPLY Starting at500 GROWS432 E Gretna 1010 wv,amw.•ream UeJ 61e grab - 7.f.a Packet Pg. 45 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: a 0 U to 0 0 w oz N on U CC g.2ti 4-4 U) i F- a, z k 7.f.a Packet Pg. 46 Attachment: Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Chris) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2020-02-01 WHEREAS, the Pittsylvania County Board of Supervisors (the “Board”), under the United States Internal Revenue (“IRS”) Code, receives a ten (10) million-dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, said tax-exempt bonds cover boards, agencies, and commissions serving under or at the Board’s authorization; and WHEREAS, Gretna Fire and Rescue Department (“Gretna”) is an authorized Volunteer Fire and Rescue Department identified in Pittsylvania County Code §§ 31-2.1 and 31.2a; thereby, authorizing it to participate in tax-exempt financing for equipment utilized by it for a public use; and WHEREAS, Gretna desires to utilize tax-exempt bonds in an amount not to exceed $343,000.00 to finance, for public purpose and use, the purchase of one (1) 1000 gal. Pierce Enforcer Top Mount Pumper; and WHEREAS, Gretna held a public hearing on January 23, 2020, on the potential utilization of said tax-exempt financing, after legally publishing the notice as required by IRS Code. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board hereby approves Gretna’s utilization of tax-exempt bonds for financing in an amount not to exceed $343,000.00 to purchase, for a public use, one (1) 1000 gal. Pierce Enforcer Top Mount Pumper; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Gretna to supplement its financing requirements. Given under my hand this 18th day of February, 2020. __________________________________________ Robert W. “Bob” Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.f.b Packet Pg. 47 Attachment: 2020-02-01 Gretna Fire and Rescue (1926 : Resolution #2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-02-03: Dr. Miller (Contact: Supervisor Warren) Staff Contact(s): Supervisor Warren Agenda Date: February 18, 2020 Item Number: 7.g Attachment(s): 2020-02-03 Dr. Miller - Planning Commission Appreciation Reviewed By: SUMMARY: Dr. Charles H. Miller, Jr., spent twenty-three (23) years serving as the Planning Commission’s Banister District Representative. He gave freely, honorably, and generously of his time, knowledge, and experience to fulfill the duties of this position and the Board expresses it sincere appreciation to Dr. Miller for his dedication towards the development and betterment of the County and its citizens. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2020-02-03 recognizing Dr. Miller’s loyal, dedicated, and exemplary service on the County’s Planning Commission. MOTION: “I make a Motion to approve Resolution # 2020-02-03 as presented recognizing Dr. Miller’s loyal, dedicated, and exemplary service on the County’s Planning Commission.” 7.g Packet Pg. 48 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-02-03 RESOLUTION OF APPRECIATION – DR. CHARLES H. MILLER, JR. __________________________________________________________________________________________ WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Tuesday, February 18, 2020, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, Dr. Charles H. Miller, Jr., spent twenty-three (23) years serving as the Banister District Representative on the Planning Commission; and WHEREAS, he has given freely of his time, knowledge, and experience to fulfill the duties of the position; and WHEREAS, Dr. Miller has strived diligently to promote the health, safety, and general welfare of all County citizens. NOW, BE IT RESOLVED, that Board expresses its sincere appreciation to Dr. Miller for the noble dedication of his time towards the development of the County; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be presented to Dr. Miller on behalf of the Board. Given under my hand this 18th day of February, 2020. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ___________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.g.a Packet Pg. 49 Attachment: 2020-02-03 Dr. Miller - Planning Commission Appreciation (1939 : Resolution # 2020-02-03 Dr. Miller (Contact: Supervisor Warren)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-02-04: 2020 - 2021 Board Strategic Planning Priorities Adoption (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: February 18, 2020 Item Number: 7.h Attachment(s): 2020-02-04 Strategic Planning Priority List Reviewed By: SUMMARY: As evinced by attached Resolution # 2020-02-04, at the January 31, 2020, Strategic Planning Retreat, the Board determined its 2020-2021 Strategic Planning Priorities. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt approve Resolution # 2020-02-04 as presented. MOTION: “I make a Motion adopting Resolution # 2020-02-04 as presented.” 7.h Packet Pg. 50 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-02-04 2020-2021 STRATEGIC PLANNING PRIORITY LIST __________________________________________________________________________________________ WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Tuesday, February 18, 2020, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, the Board has proposed the following for its 2020-2021 Strategic Planning Priorities: 1. Improve relations between the County and its citizenry; 2. Assist DSS with administrative operations; 3. Provide a position to coordinate activities among EMS agencies; 4. Purchase land for a new Jail facility; 5. Reduce costs of jail medical care by efficiently billing Medicaid and Third-Party Insurance providers; 6. Implement the Sheriff's Department Salary Study; and 7. Assess opportunities to create a comprehensive County Sports Complex. NOW, BE IT RESOLVED, that the Board supports and formally adopts the 2020-2021 Strategic Planning Priority List contained herein. Given under my hand this 18th day of February, 2020. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ___________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.h.a Packet Pg. 51 Attachment: 2020-02-04 Strategic Planning Priority List (1942 : Resolution # 2020-02-04; 2020-2021 Board Strategic Planning Priorities Adoption Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-02-05: Early Voting (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: February 18, 2020 Item Number: 7.i Attachment(s): 2020-02-05 Early Voting Reviewed By: SUMMARY: Currently, there are several proposals to increase early voting opportunities beginning November 2020 being considered by the General Assembly that would require large investment in both equipment and personnel. The current proposal provides limited reimbursement by the Commonwealth, essentially creating an unfunded mandate for Virginia localities. While the County will certainly comply with any laws passed in this regard, the Board desires to only participate to the minimum, legal standard. FINANCIAL IMPACT AND FUNDING SOURCE: Currently, the cost of implementing these measures is unknown. In its current state, the General Assembly is proposing a $5M reimbursement fund to be distributed among all Virginia localities. County Staff does not believe that this amount will adequately cover costs of statewide early voting implementation. RECOMMENDATION: In keeping with the Board’s January 31, 2020 Strategic Planning Workshop discussion, County Staff recommends the Board adopt the attached Resolution and forward such to the County’s legislative delegation and the local Electoral Board. MOTION: “I make a Motion to adopt Resolution # 2020-02-05 and authorize County Staff to forward the same to the County’s legislative delegation and the local Electoral Board.” 7.i Packet Pg. 52 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-02-05 WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Tuesday, February 18, 2020, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, SB 617, beginning with the general election on November 3, 2020, requires extended, no excuse absentee voting in person (“extended early voting”) up to forty-five (45) days prior to any election; and WHEREAS, SB 617, authorizes the establishment of voter satellite offices by governing bodies of counties and cities for purposes of said extended early voting; and WHEREAS, SB 617 further requires any voter satellite office to be accessible to qualified voters as required by the provisions of the Virginians with Disabilities Act, the Voting Accessibility for the Elderly and Handicapped Act, and the Americans with Disabilities Act relating to public services; and WHEREAS, SB 617 also requires the governing body of each county, city, and town to provide funds to enable the general registrar to provide adequate facilities at each voter satellite office for the conduct of elections; and WHEREAS, SB 617 does not provide any funding for localities to implement the costly logistics of extended early voting; no funds for additional voting equipment, staffing, or satellite facility purchase or rental; and WHEREAS, the extended early voting authorized in SB 617 is an unfunded mandate on localities estimated by General Registrars in Virginia to cost an annual minimum of $14 - 19 million dollars to implement; and WHEREAS, the inclusion of $5 million dollars in the Governor’s Annual Budget for extended early voting is a start, it still far too little funding, shared by far too many localities, to offset this incredible financial burden and unfunded mandate on Virginia localities in general, and the Pittsylvania County, Virginia (the “County”) in particular. NOW, BE IT RESOLVED, as voting is the cornerstone of our great Nation’s democratic system, that the Board fully supports and encourages voter participation, be it traditional voting or extended early voting, by its citizens in all elections; and BE IT FURTHER RESOLVED, despite its full support for voting access by and for all eligible County citizens, the Board does not support the unfunded mandate elements of extended early voting in SB 617; THEREFORE, BE IT ADDITIONALLY RESOLVED, that the Board intends to comply with the bare minimum legal requirements of extended early voting in SB 617; thereby, attempting to fiscally burden its tax paying citizens the least amount possible; and BE IT FINALLY RESOLVED, that the Board instructs County Staff to forward a copy of this executed Resolution to its local legislators and the local Electoral Board to demonstrate its grave displeasure with the tremendous unfunded mandate elements of SB 617. Given under my hand this 18th day of February, 2020. 7.i.a Packet Pg. 53 Attachment: 2020-02-05 Early Voting (1945 : Resolution # 2020-02-05 Early Voting (Staff Contact: David M. Smitherman)) __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ___________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.i.a Packet Pg. 54 Attachment: 2020-02-05 Early Voting (1945 : Resolution # 2020-02-05 Early Voting (Staff Contact: David M. Smitherman)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: 2019 Community Development Annual Report Approval (Staff Contact: Karen N. Hayes) Staff Contact(s): Karen N. Hayes Agenda Date: February 18, 2020 Item Number: 7.j Attachment(s): ANNUAL REPORT 2019 Reviewed By: SUMMARY: Each year, the Board reviews and approves the County’s Community Development Department’s (“CDD”) Annual Report. The 2019 CDD Annual Report is attached for your review. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the 2019 CDD Annual Report as presented. MOTION: “I make a Motion to approve the 2019 CDD Annual Report as presented.” 7.j Packet Pg. 55 7.j.a Packet Pg. 56 Attachment: ANNUAL REPORT 2019 (1927 : 2019 Community Development Annual Report Approval (Staff Contact: Karen N. Hayes)) 7.j.aPacket Pg. 57Attachment: ANNUAL REPORT 2019 (1927 : 2019 Community Development Annual Report Approval (Staff 7.j.aPacket Pg. 58Attachment: ANNUAL REPORT 2019 (1927 : 2019 Community Development Annual Report Approval (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: CEDS List Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: February 18, 2020 Item Number: 7.k Attachment(s): CEDS Letter for Submission 2020 Copy of WPPD 2020-2021 CEDS Projects - 1 14 2020 Reviewed By: SUMMARY: Each year, the County works with the West Piedmont Planning District Commission (“WPPDC”) to develop a list of Projects to be included in the Regional Comprehensive Economic Development Strategy (“CEDS”). This CEDS priority list has been vetted and reviewed by Matthew D. Rowe, Director of Economic Development. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the proposed CEDS Priority Projects list and authorize the County Administrator to send the list and required EDA submittal letter to the WPPDC be incorporated into their Regional 2020/2021 CEDS Update. MOTION: “I make a Motion to approve the proposed CEDS Priority Projects list and authorize the County Administrator to send the list and required EDA submittal letter to the WPPDC be incorporated into their Regional 2020/2021 CEDS Update.” 7.k Packet Pg. 59 COUNTY ADMINISTRATION P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-7710 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. David M. Smitherman, County Administrator d avid.smitherman@pittgov.org January 13, 2020 Ms. Linda Cruz-Carnall, Regional Director U.S. Department of Commerce Economic Development Administration Philadelphia Regional Office Robert N.C. Nix Federal Building 900 Market Street, Room 602 Philadelphia, PA 19107 Dear Ms. Cruz-Carnall: Whereas the local governing body of Pittsylvania County supports the West Piedmont Economic Development District Designation, this is to advise that we have elected to be covered by the Year 2020 Comprehensive Economic Development Strategy for the West Piedmont Planning District in its capacity as an EDA Economic Development District. The projects included in the document's prioritized project list have been endorsed by the local governing body at its meeting on ____(date)____ for assistance in improving the economy of our area. On behalf of my community, thank you for the opportunity to participate in the Economic Development Administration's Economic Development District Program. Sincerely, David M. Smitherman Pittsylvania County Administrator cc: Leah Manning, WPPDC 7.k.a Packet Pg. 60 Attachment: CEDS Letter for Submission 2020 (1936 : CEDS List Approval (Staff Contact: Matthew D. Rowe)) COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PRIORITY PROJECTS April 1, 2020 - March 31, 2021 NO. PRIORITY FUNDING OF PROJECT /TYPE DESCRIPTION SOURCE AMOUNT TOTAL JOBS Regional Industrial Mega Park 1/I Engineering, master planning, mega park certification, and USDA-RD $2,000,000 $24,218,000 2,000 Pittsylvania County Infrastructure Development--City of infrastructure development for 3,500 acre mega park to serve EPA/STAG $5,000,000 Danville & Pittsylvania County Danville, Pittsylvania County, Southside VA & North Central NC. EDA $5,000,000 Infrastructure development includes regional and interstate VTC $5,000,000 water and sewer systems. Future infrastructure improvements Local $7,218,000 will include land, rail, and road. Regional Industrial Mega Park 1/II Economic Adjustment Strategy - study to develop target EDC $50,000 $100,000 Indirect Economic Adjustment Strategy--industry and marketing strategy for sustainable manufac- VTC $50,000 City of Danville & Pittsylvania turing to replace traditional manufacturing employment lost County in the Regional Mega Park area of Southern VA and Northern NC Site Improvements at Cane 1/II Site improvements to include grading and sanitary sewer EDA $3,000,000 $4,900,000 500 Creek Industrial Park--City for Tracts 6, 7b, 7c, and Lot 10 VTC $1,500,000 of Danville and Pittsylvania Local $400,000 County (Lots 6, 7b, 7c, 10) Gretna Area Water Supply 1/I Engineering and construction of a new public water EDA/EPA $1,340,000 $2,775,000 NA System--Town of Gretna/supply source and distribution system VTC $1,300,000 Pittsylvania County Local $135,000 Olde Dominion Agricultural 1/I Continued upgrades to the facility and plan for the new parcels USDA-RD $100,000 $3,100,000 10 onside Complex--Pittsylvania County that were acquired in 2019. Local $2,000,000 Indirect offsite Gretna Industrial Park--Town 1/I Construct industrial park road and lots with on-site and EDA $400,000 $2,050,000 200 of Gretna/Pittsylvania County off-site utility improvements VTC $1,500,000 Local $150,000 Graded Industrial Park Pad 1/I Create graded pad sites at existing Industrial Park EDA $700,000 $3,000,000 200 Sites--Pittsylvania County sites. Gretna, Hurt VTC $2,000,000 Local $300,000 Energy Efficiency Improvements 1/I Retrofit existing County buildings to make them State $450,000 $1,000,000 Indirect Public Buildings--Pittsylvania more energy efficient DOE $450,000 County Local $100,000 Regional Industrial Mega Park-- 1/II Extension of electric service to the Mega Park through EDA $1,462,800 $4,300,000 --- 7.k.b Packet Pg. 61 Attachment: Copy of WPPD 2020-2021 CEDS Projects - 1 14 2020 (1936 : CEDS List Approval (Staff Danville & Pittsylvania County AEP. Relocation of an existing 69kV line on Lot 4 Local $186,400 and grade pad. Conduct a routing analysis, acquire VTC $1,279,800 permit and ROW for new electric service to the park. MEI $371,000 City $500,000 County $500,000 Regional Industrial Mega Park--1/II Natural gas engineering and infrastructure development EDA $3,000,000 $6,000,000 --- Danville & Pittsylvania County Local $2,000,000 VTC $1,000,000 Regional Industrial Mega Park 1/II Construct an industrial access road, make interchange FHWA $10,000,000 $35,000,000 5,000 Industrial Access Improvements--modifications, and existing road improvements to improve VDOT $10,000,000 City of Danville and Pittsylvania traffic flow to regional industrial Mega Park EDA $1,000,000 County Local $13,000,000 VTC $1,000,000 Commerce Center/Industrial Park,1/II Route 58 West Industrial Park development add 120 EDA $1,500,000 $3,000,000 250-300 Park Development--Pittsylvania acres to existing Brosville Park Local $500,000 County VTC $1,000,000 Extend Water Service for 1/II 863 to Dry Fork Commercial/Industrial area and to serve EDA $1,000,000 $2,100,000 Unknown Brosville to Dry Fork--Pittsylvania Tunstall Middle School and Tunstall High School Local $500,000 County VTC $600,000 Key Industrial Park - Hurt--1/II Purchase additional land and infrastructure to 157-acre EDA $1,000,000 $3,000,000 150-200 Pittsylvania County industrial park VTC $1,500,000 Local $500,000 Hurt Industrial Park - Hurt--1/II Develop 600-acre site of former Klopman Mills. Master EDA $1,000,000 $3,000,000 150-200 Pittsylvania County Plan for property, site and access improvements USDA-RD $1,500,000 VTC $500,000 Richmond Danville Trail Connector--1/II Construction of 12-ft wide natural surface multi-purpose EDA $700,000 $950,000 Indirect City of Danville & Pittsylvania trail to connect 6-mile Richmond-Danville Rail Trail in FHWA-DCR $150,000 County Pittsylvania County with Dan River Trail System (Danville's Local $100,000 Riverwalk) to create 25-mile destination trail Revolving Loan Fund--1/II Establish revolving loan fund to help create and EDA $500,000 $1,000,000 Indirect Pittsylvania County recruit new economic development projects VTC $250,000 USDA $200,000 IDA $50,000 Industrial Site Assessments--1/III Engineering site assessments for new local and EDA $50,000 $100,000 N/A Pittsylvania County regional industrial park projects Local $50,000 Gretna Area Water System 1/III Nine mile pipeline raw water intake from Leesville Lake EDA $1,000,000 $3,000,000 Unknown Improvement (Leesville Lake)--to Gretna Reservoir VTC $1,500,000 Pittsylvania County Local $500,000 Water and Sewer System 1/III 1M gallon storage tank Cherrystone Park 12" water line Local $3,900,000 $8,900,000 300-500 Improvements - Chatham--Upgrade water and wastewater plant - gravity sewer EDA $2,000,000 Pittsylvania County VTC $2,000,000 Local $1,000,000 Commerce Center Industrial 1/III Purchase land off U.S. Route 29 & infrastructure Local $500,000 $3,500,000 300-400 7.k.b Packet Pg. 62 Attachment: Copy of WPPD 2020-2021 CEDS Projects - 1 14 2020 (1936 : CEDS List Approval (Staff Park - Blairs--Pittsylvania development EDA $1,000,000 County VTC $1,000,000 Local $1,000,000 7.k.b Packet Pg. 63 Attachment: Copy of WPPD 2020-2021 CEDS Projects - 1 14 2020 (1936 : CEDS List Approval (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: February 18, 2020 Item Number: 7.l Attachment(s): 02-18-2020 Spectrum Group Agreement Reviewed By: SUMMARY: The Board’s Economic Development Committee met on January 13, 2020, and recommended approval of the Spectrum Group Consulting Agreement to the full Board, with the attached revisions. FINANCIAL IMPACT AND FUNDING SOURCE: $88,200 to be funded by canceled consulting contracts and Economic Development Marketing budget line item. Requires $44,100 appropriation in FY2021 County Budget. RECOMMENDATION: County Staff recommends the Board approve the execution of the Spectrum Group Consulting Agreement as presented. MOTION: “I make a Motion approving the execution of the Spectrum Group Consulting Agreement as presented.” 7.l Packet Pg. 64 Exhibit 1 Modifications to the agreement executed document-94-January 3, 2020 by George Close,President of Spectrum Consulting LLC. 3. Services 3.1 (a,a) Performance metrics for Track 1 support shall be: Charged pipeline of high-probability leads and prospect visits, the end of year one,there should have been 15 to 20 high- probability leads. 8 to 104-te-6 prospect visits over the term of the base agreement plus six months and annually thereafter. 3.2 The account executive for SPECTRUM is Charlie Dale. SPECTRUM shall take direction form the designated contact from the City of Danville,the Institute of Advanced Learning and Research,and Pittsylvania County. The designated contact for Pittsylvania County is David Smitherman. 7. Notices All notices,requests,instructions,or other documents required hereunder shall be deemed to have been given or made when delivered by registered mail or certified mail,return receipt requested,postage prepaid or other reputable overnight mail delivery or courier service to: If to SPECTRUM,then: SPECTRUM Consulting LLC ATTN:Mr.George Close 99 Canal Center Plaza,Suite 450 Alexandria,VA 22314 Tel: (703) 683-4222 If to DANVILLE,then: City of Danville,VA ATTN:Mr. Ken larking 427 Patton Street,Ste.203 Danville,VA 24540 Tel: (434) 793-1753 If to IALR,then: Institute of Advanced Learning and Research ATTN:Mr.Mark Gignac 7.l.a Packet Pg. 65 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 150 Slayton Avenue Danville,VA 24540 Tel: (434) 250-8819 If to Pittsylvania County,then: Pittsylvania County ATTN:Mr.David Smitherman 1 Center Street PO Box 426 Chatham,VA 24531 Tel: (434) 432-7710 SPECTRUM Consulting LLC City of Danville,VA By: By: George Close, President Ken Larking,City Manager Date: Date: Institute of Advanced Learning and Research By: Mark Gignac,Executive Director Date: Pittsylvania County Danville Regional Foundation By: By: David Smitherman,County Administrator Clark Casteel, President&CEO Date: Date: 7.l.a Packet Pg. 66 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David THE SPECTRUMRUM GROUP ADVANCING YOUR SUCCESS... CONSULTING AGREEMENT AGREEMENT made this 3rd day of January 2020 by and between City of Danville, VA, with offices located at 427 Patton Street, Ste. 203, Danville, VA 22541, Pittsylvania County with offices located at 1 Center Street, PO Box 426 Chatham, VA 24531 and the Institute of Advanced Learning and Research with offices located at 150 Slayton Avenue Danville, VA 24540 (hereinafter DANVILLE/PITTSYLVANIA) and SPECTRUM Consulting LLC,a Delaware corporation, with offices located at 99 Canal Center Plaza, Suite 450, Alexandria, VA 22314 (hereinafter SPECTRUM). WHEREAS,DANVILLE/PITTSYLVANIA desires to retain the services ofSPECTRUM to provide consultant services, and WHEREAS, SPECTRUM is willing to provide said services for DANVILLE/PITTSYLVANIA, subject,however,to all of the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties, intending to be legally bound hereby, agree as follows: 1. Term The term of this Agreement is as follows: SPECTRUM proposes a three-year agreement; a base year plus two option years. Only the base year will be funded initially. Options years, if agreed, will be subject to additional discussions between the parties and subject to mutual agreement as to scope and budget. The base period of performance for this agreement will be January 1, 2020 to December 31, 2020. This agreement can be terminated by either party with a 30-day written notice to the non- terminating party or in the event the funding parties do not receive a FY2021 budget appropriation to support this agreement. The FY 2021 fiscal year ofthe funding parties begins on July 1, 2020. 2. General Representation SPECTRUM will assign the following members to this project: 99 Canal Center Plaza, Suite 450 I Alexandria,:VA 22314 I 703.683.4222 I www.spectrumgrp.com 7.l.a Packet Pg. 67 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 2 Core Team Mr. Charlie Dale - Managing Partner and account executive Vice Admiral Norb Ryan, USN(Ret.) -Congress and strategic communications) Rear Admiral Tom Kearney, USN(Ret.) -Defense industry and associations Supporting Members Mr. Garry Ritchey (DOD Senior Executive Service (SES) Ret.)-Air Force industry Rear Admiral Mike Mahon- Navy/Marines industry Major General Keith McNamara(USA Ret.) - Army industry Mr. Bill Schroeder -Office of the Secretary of Defense (Pentagon) Ms. Esther Lofgren- Business development and marketing Mr. Kyle McClain- Executive Assistant and admin Other SPECTRUM members will be assigned as required. 3. Services 3.1 In collaboration with Danville/Pittsylvania authorities, SPECTRUM shall provide a full range of strategic consulting services, marketing, and business development support to achieve the following overarching goals: a. The development of a "stay-at-home" and regional skilled workforce in advanced manufacturing; and; b. Increased capacity and job creation in advanced manufacturing. SPECTRUM will provide services on three tracks as follows (reference Attachment A: Spectrum Value Proposition): a.Track 1 -New Business Attraction to recruit and locate new companies to the region. SPECTRUM activities to include but not be limited to: Lead generation I Develop and execute a sourcing and targeting strategy leveraging Spectrum's client base, access to decision makers, positioning with industry associations, defense shows and conferences I Leverage region's differentiators such as hub zone, mega site, industrial parks, investments in training and workforce development,new Center for Manufacturing Advancement 99 Canal Center Plaza, Suite 450 I Alexandria, VA 22314 I 703.683.4222 I www.spectrumgrp.com 7.l.a Packet Pg. 68 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 2 c.Track 3 - The Establishment of a DoD-funded Regional Training Center to provide the skilled workforce needed by existing and new firms to support the sustainment and growth of advanced manufacturing in the region. SPECTRUM activities to include but not be limited to: Strategy and concept development to go from pilot project to nationally scaled centers based on the DANVILLE/PITTSYLVANIA model Develop and execute congressional support to secure support and funding in the National Defense Authorization Act and Defense Appropriations Bill Develop and execute government-wide campaign for support and funding Engage defense industry and technology partners Position Danville/Pittsylvania as a national leader in training and workforce development Provide government contracting and program management expertise based on role as the DoD prime contractor for the National Guard Youth Challenge and DOD StarBase STEM programs Performance metrics for Track 3 shall be: Funded beta pilot project in FY20($1m) Funded full pilot project in FY21 ($5m) Scale nationally in FY23/24 with $10m - $15m for startup and $1 Om for operations and maintenance 3.2 The account executive for SPECTRUM is Charlie Dale. SPECTRUM shall take direction from the designated contact from the City of Danville,the Institute ofAdvanced Learning and Research, and Pittsylvania County. 3.3 SPECTRUM and the DANVILLE/PITTSYLVANIA team shall communicate in real time as required for project execution: Bi-Weekly team conference calls or meetings Monthly activity reports Rolling 2-month action plan detailing support actions and activities Quarterly in-person IPRs(In-Process Reviews) 99 Canal Center Plaza, Suite 450 I Alexandria,VA 22314 I 703.683.4222 I www.spectrumgrp.com 7.l.a Packet Pg. 69 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 2 Marketing Develop tailored messaging and business cases Position Danville/Pittsylvania with senior executives and decision makers in the DoD, defense industry, and industry trade associations Prospect Visits and Negotiations Identify, qualify and engage candidate companies Support visits and OED negotiations with target companies Performance metrics for Track 1 support shall be: Charged pipeline of high-probability leads and prospect visits 4 to 6 prospect visits over the term of the base agreement plus six months and annually thereafter b.Track 2 - Business Development to drive defense contracts to existing businesses, support growth objectives with reduced risk, and drive defense projects to the IALR CMA Innovation Center. SPECTRUM activities to include but not be limited to: Assessment of existing businesses capabilities and capacity for new business Develop government business strategy and plan for the IALR CMA Innovation Center Develop strategy to identify and pursue opportunities for new business to include: Competitive DoD manufacturing contracts I R&D projects OEM supply chain requirements and long-term agreements I Increased capacity and outsourcing needs Market and position companies and CMA to win new business Performance metrics for Track 2 support shall be: 1 - 5 new business projects with initial revenue target of$Im - $5m over the term of the base agreement plus six months and annually thereafter 99 Canal Center Plaza, Suite 450 I Alexandria, VA 22314 I 703.683.4222 I www.spectrumgrp.com 7.l.a Packet Pg. 70 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 2 4. Compensation 4.1 In consideration of the services performed hereunder, DANVILLE/PITTSYLVANIA agrees to pay SPECTRUM $29,400.00 per month for a period of twelve (12) months. The first payment is due upon the signing ofthis Agreement,to be followed by monthly invoices during the term of this agreement. 4.2 DANVILLE/PITTSYLVANIA agrees to reimburse SPECTRUM for reasonable out-of- pocket expenses and travel expenses that may be required in connection with the performance of services. Any expenses required (including lodging, meals, parking, etc.) shall be reimbursed by the client. SPECTRUM shall obtain approval from DANVILLE/PITTSYLVANIA for any extraordinary expenses over$500. 4.3 SPECTRUM will submit invoices monthly for consulting services and related expenses. Expenses shall be invoiced at direct cost and shall be accompanied by supporting documentation. 4.4 All fees to SPECTRUM for services shall be due and payable within 30 days. All balances not paid on the due dates specified herein will bear interest at the rate of one and one-half percent(1.5%)per month until paid in full. All costs of collection incurred by SPECTRUM of fees that are more than sixty (60) days past due shall be paid by DANVILLE/PITTSYLVANIA promptly upon demand. 5. Limitations 5.1 Nothing in this Agreement shall grant to either party the right to make commitments of any kind for or on behalf ofthe other party without prior written consent of the other party. 5.2 SPECTRUM and DANVILLE/PITTSYLVANIA represents and warrants that neither it nor its officers,partners,employees,or agents have knowledge ofany existing or potential conflict of interest that would: (a) affect the Consultant's work under this Agreement; (b) violate any law or regulation; (c) provide an unfair competitive advantage to SPECTRUM; or(d) create any appearance of impropriety (all of which are hereinafter collectively referred to as Conflict"). If either party becomes aware of such a Conflict during the term of this Agreement, it will promptly bring the matter to the attention ofthe other party and the Parties will work together to reach a mutually satisfactory resolution; if a mutually satisfactory agreement cannot be reached within a reasonable period of time (not to exceed ten (10) business days after first notice, unless mutually agreed), then either party may terminate this Agreement for default. 5.3 SPECTRUM will act as an independent contractor and not as an employee or agent of DANVILLE/PITTSYLVANIA, and SPECTRUM will not be entitled to any of the rights and benefits customarily extended to DANVILLE/PITTSYLVANIA employees. 5.4 In the event DANVILLE/PITTSYLVANIA hires or retains independently the services of any SPECTRUM member who has performed services under this Agreement during the term of 99 Canal Center Plaza, Suite 450 I Alexandria, VA 22314 I 703.683.4222 I www.spectrumgrp.com 7.l.a Packet Pg. 71 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 2 the Agreement or within six months of that member completing the performance of such services,DANVILLE/PITTSYLVANIA shall pay SPECTRUM an amount equal to either(a) 25% of the first year's salary in the case of a hire or(b) 25% of the fees billed to any and all clients based on the member's services during the previous twelve months. 5.5 Either party may terminate this Agreement without further liability to the other party by giving 30 days prior written notice of such termination. In the event of termination, or in the event this Agreement is not renewed, SPECTRUM shall retain the right of all compensation due at the time of the Agreement's termination or expiration. 6. Confidentiality 6.1 For the purpose of this clause, data means all information, including legal and government documents, financial results and projections, customer lists, business plans, drawings, prints, specifications, reports, and designs. 6.2 SPECTRUM agrees that all knowledge and data received from or about DANVILLE/PITTSYLVANIA by virtue of the performance of services under and pursuant to this Agreement shall for all times and all purposes be regarded by SPECTRUM as strictly confidential. SPECTRUM shall not publish, otherwise disclose, or use such data, except for the benefit of DANVILLE/PITTSYLVANIA pursuant to this Agreement, subject to appropriate confidentiality restrictions on the recipient. However,there shall be no restriction on disclosure of information, which is or becomes publicly known other than as a result of a breach of obligation defined in this provision. On termination of this Agreement, all data prepared for on or behalf of DANVILLE/PITTSYLVANIA shall be delivered to DANVILLE/PITTSYLVANIA and will be maintained as confidential for two years thereafter by SPECTRUM. 6.3 SPECTRUM agrees to maintain confidential information provided by DANVILLE/PITTSYLVANIA in relation to this contract, as it is agreed by both parties that it is advisable to act upon information learned consistent with the goals and objectives of DANVILLE/PITTSYLVANIA. 6.4 SPECTRUM represents and warrants that it has the legal right and ability to represent DANVILLE/PITTSYLVANIA and perform said services under and pursuant to this Agreement,and in providing said services shall at all times comply with all applicable federal, state, and local laws, and the Federal Acquisition Regulations. SPECTRUM hereby certifies that they are familiar with the provisions of the Procurement Integrity Act (41 U.S.C. 423) and implementing regulations issued thereunder and shall strictly comply with such law and regulations. SPECTRUM and DANVILLE/PITTSYLVANIA shall comply in all respects with all applicable federal, state, and local laws, rules, and regulations of the United States and all applicable international agreements in the performance of their respective obligations under this Agreement. 99 Canal Center Plaza, Suite 450 I Alexandria, VA 22314 ( 703.683.4222 www.spectrumgrp.com 7.l.a Packet Pg. 72 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 2 7.Notices All notices, requests, instructions, or other documents required hereunder shall be deemed to have been given or made when delivered by registered mail or certified mail, return receipt requested,postage prepaid or other reputable overnight mail delivery or courier service to: If to SPECTRUM, then:SPECTRUM Consulting LLC ATTN: Mr. George Close 99 Canal Center Plaza, Suite 450 Alexandria, VA 22314 Tel: (703)683-4222 If to DANVILLE, then: City of Danville,VA ATTN: Mr. Ken Larking 427 Patton Street, Ste. 203 Danville, VA 24540 Tel: (434) 793-1753 Ifto IALR, then: Institute of Advanced Learning and Research ATTN: Mr. Mark Gignac 150 Slayton Avenue Danville, VA 24540 Tel: (434)250-8819 Ifto Pittsylvania County, then Pittsylvania County Attn: Mr. David Smitherman 1 Center Street PO Box 426 Chatham, VA 24531 Tel: (434)432-7710 8.Assignability This Agreement, in whole or in part,may not be assigned without the prior written consent of DANVILLE/PITTSYLVANIA. 9.Governing Law This Agreement shall be interpreted and construed in accordance with the laws of the state of Delaware without regard to its conflict of laws provision. 10. Entire Agreement This Agreement contains the entire understanding between the parties hereto and supersedes all prior written and oral understandings relating to the subject matter hereof. Any 99 Canal Center Plaza, Suite 450 I Alexandria, VA 22314 I 703.683.4222 I www.spectrumgrp.com 7.l.a Packet Pg. 73 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David 2 modification of or amendment to this Agreement must be in writing and signed by both parties in order to be enforceable. 11. Severability If any provision of this Agreement or the application thereof shall, for any reason,be invalid or unenforceable, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the maximum extent permissible under applicable law. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate (each of which shall be deemed to be an original) as ofthe day and year first above written. SPECTRUM Consulting LLC City of Danville, VA By: t.._ By: George Close, President.. Ken Larking,City Manager Date: January 3,2020 Date: Institute of Advanced Learning and Research By: Mark Gignac, Executive Director Date: Pittsylvania County By: David Smitherman,County Administrator Date: 99 Canal Center Plaza, Suite 450 ( Alexandria, VA 22314 I 703.683.4222 3 www.spectrumgrp.com 7.l.a Packet Pg. 74 Attachment: 02-18-2020 Spectrum Group Agreement (1929 : Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Fire Hero Presentation (Isaiah Griffin); (Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: February 18, 2020 Item Number: 8.a Attachment(s): Certificate of Excellence - Isaiah Griffin Reviewed By: Isaiah Griffin, Sophomore at Gretna High School, will be present to accept a Certificate of Excellence in recognition of his heroic efforts when he saved his family during a house fire on January 13, 2020. 8.a Packet Pg. 75 8.a.aPacket Pg. 76Attachment: Certificate of Excellence - Isaiah Griffin (1943 : Fire Hero Presentation (Isaiah Griffin); Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Dr. Miller Planning Commission Service Appreciation Presentation (Contact: Supervisor Warren) Staff Contact(s): Supervisor Warren Agenda Date: February 18, 2020 Item Number: 8.b Attachment(s): Reviewed By: Chairman Warren will present Dr. Miller with Resolution # 2020-02-03 in appreciation of his twenty-three (23) years of loyal, dedicated, and exemplary service on the County’s Planning Commission. 8.b Packet Pg. 77 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-001: SuzyQ Etc., LLC; Banister Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Miller) Staff Contact(s): Karen N. Hayes Agenda Date: February 18, 2020 Item Number: 10.A.1 Attachment(s): SUZYQ ETC., LLC - CASE R-20-001 SUZYQ ETC., LLC - CASE R-20-001 MAP Reviewed By: SUMMARY: In Case R-20-001, Suzy Q Etc., LLC, Petitioner, has petitioned to rezone 18.14 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses – horses). The parcel is located off McDaniel Road and Riceville Road in the Banister Election District. Once the property is rezoned, all uses listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.1 Packet Pg. 78 10.A.1.a Packet Pg. 79 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 80 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 81 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 82 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 83 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 84 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 85 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 86 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 87 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 88 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 89 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) 10.A.1.a Packet Pg. 90 Attachment: SUZYQ ETC., LLC - CASE R-20-001 (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) Legend Assessed Parcels Parcel ID Number Parcels Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: SUZY Q ETC., LLC - CASE R-20-001 Date: 12/23/2019 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.1.b Packet Pg. 91 Attachment: SUZYQ ETC., LLC - CASE R-20-001 MAP (1919 : Rezoning Case R-20-001 - SuzyQ Etc., LLC) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-002: Jeffrey D. Compton; Banister Election District, M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (Contact: Supervisor Miller) Staff Contact(s): Karen N. Hayes Agenda Date: February 18, 2020 Item Number: 10.A.2 Attachment(s): COMPTON - CASE R-20-002 COMPTON - CASE R-20-002 MAP Reviewed By: SUMMARY: In Case R-20-002, Jeffrey D. Compton, Petitioner, has petitioned to rezone a total of 56.42 acres, two (2) parcels of land, from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (for a concrete plant). The parcels are located on Compton Road in the Banister Election District. Once the properties are rezoned, all uses listed under Pittsylvania County Code § 35-402 are permitted. The Planning Commission, with opposition, recommended granting the Petitioner’s request. The County’s Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.2 Packet Pg. 92 10.A.2.a Packet Pg. 93 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 94 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 95 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 96 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 97 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 98 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 99 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 100 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 101 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 102 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 103 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 104 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 105 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 106 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 107 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 108 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 109 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.a Packet Pg. 110 Attachment: COMPTON - CASE R-20-002 (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) 10.A.2.b Packet Pg. 111 Attachment: COMPTON - CASE R-20-002 MAP (1920 : Rezoning Case R-20-002 Jeffrey D. Compton) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: February 18, 2020 Item Number: 10.B.1 Attachment(s): 02-18-2020 Public Hearing Notice - SR RIFA Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE Amended and Restated Bylaws - v1 - REDLINE Reviewed By: SUMMARY: The Staunton River Regional Industrial Facility Authority (“SR RIFA”) was created to regionally work together to market the Southern Virginia Multimodal Park in Hurt, Virginia. Recently, SR RIFA was informed that member locale Altavista wished to terminate its SR RIFA membership by approved Resolution. After said notification, SR RIFA met and accepted Altavista’s withdrawal via a formal vote and Resolution. Based upon Altavista’s withdrawal, following a legally noticed and advertised Public Hearing, SR RIFA’s By-Laws, the associated County Ordinance, and SR RIFA’s Cost-Revenue Agreement must be revised. Proposed revised SR RIFA cost-revenue percentages would be Pittsylvania County 61%, City of Danville 35%, and Town of Hurt 4%. FINANCIAL IMPACT AND FUNDING SOURCE: See above revised SR RIFA Cost-Revenue Agreement. RECOMMENDATION: Following the holding of the legally advertised and required Public Hearing, County Staff recommends the Board approve the County’s revised SR RIFA Cost-Revenue Agreement, associated SR RIFA By-Law revisions, and associated County Ordinance revisions as presented. MOTION: “I make a Motion to approve the revised SR RIFA cost-revenue percentage, associated SR RIFA By-Law revisions, and associated County Ordinance revisions as presented.” 10.B.1 Packet Pg. 112 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, February 18, 2020, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on proposed revisions to Pittsylvania County Code Chapter 7 related to SR RIFA to delineate new membership and equity percentages. The full text of the proposed revisions is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.1.a Packet Pg. 113 Attachment: 02-18-2020 Public Hearing Notice - SR RIFA (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 1 AMENDED AND RESTATED STAUNTON RIVER COST AND REVENUE SHARING AGREEMENT THIS AMENDED AND RESTATED STAUNTON RIVER COST AND REVENUE SHARING AGREEMENT (this “Agreement”), made and entered into effective as of the __28th__4th day of __December____ 2018October 2019, by and among the COUNTY OF PITTSYLVANIA, VIRGINIA (“Pittsylvania”), a political subdivision of the Commonwealth of Virginia; (ii) the TOWN OF HURT, VIRGINIA, a Virginia municipal corporation (“Hurt”); (iii) the TOWN OF ALTAVISTA, VIRGINIA, a Virginia municipal corporation (“Altavista”); and (ivand (iii) the CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation (“Danville”); W I T N E S S E T H : NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Section 1. - Recitals. The parties recite the following facts: a. Pittsylvania, Hurt, the Town of Altavista, Virginia (“Altavista”) Danville (collectively, the “Original Parties”) and others executed that certain letter of intent dated February 23, 2017 (the “LOI”), under which the parties heretoOriginal Parties confirmed their desire to work cooperatively to create a regional industrial facility authority pursuant to the Virginia Regional Industrial Facilities Act, Virginia Code '' 15.2-6400 et seq., as amended (the “Act”), that willwould develop (i) a regional industrial park containing approximately 603.98 acres (Tax GPINs: 2546-30-5577, 2545-69-2418, 2546-83-6444 and 2545-48-6913), located in Hurt, Virginia, commonly known as the Southern Virginia Multi-ModalMultimodal Park (the “SVMP”) and (ii) other projects as may be agreed upon from time to time by the parties. b. Under the LOI, the regional industrial facility authority would be created to improve the regional economy through the attraction of global industry to the SVMP and the establishment of an intermodal facility at the SVMP that will serve the geographic regions of the parties hereto and that will be publicly recognized as Virginia's second inland port. c. Each party findsof the Originals Parties found that the economic growth and development of its own locality and the comfort, convenience and welfare of its own citizens requirerequired the development of facilities and that joint action through a regional industrial facility authority by Pittsylvania, Hurt, Altavista and Danville as its member localities willwould facilitate the development of the needed facilities. 10.B.1.b Packet Pg. 114 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 2 d. The original purpose of the regional industrial facility authority iswas to enhance the economic base for Pittsylvania, Hurt, Altavista and Danville by developing, owning, and operating the SVMP and other agreed upon projects on a cooperative basis involving each of them. e. In furtherance and support of the LOI, the parties enter into this AgreementOriginal Parties entered into that certain Staunton River Cost and Revenue Sharing Agreement dated December 28, 2018 (the “Original Agreement”), being the effective date of the certificate issued by the Secretary of the Commonwealth confirming the formation of the Staunton River Regional Industrial Facility Authority, a political subdivision of the Commonwealth of Virginia (the “SR RIFA” or the “Authority”), as a revenue and economic growth-sharing arrangement, pursuant to Virginia Code ' 15.2-6407, as amended, with respect to tax revenues and other income and revenues generated by any facility owned by the regional industrial facility authority. f. On June 25, 2019, Altavista’s Town Council approved and adopted a resolution withdrawing as a member locality of the Authority, and the Board of Directors of the Authority adopted a resolution at its meeting held on October 4, 2019, approving the withdrawal of Altavista as a member locality of the Authority, in compliance with the Act, which resolution also confirmed that consistent with Section 15.2-6415 of the Act, Altavista, as a withdrawing member locality, is not entitled to any rights to contributions made by Altavista to the Authority, to any property held by the Authority or to any revenue sharing as allowed by Sections 15.2- 6406 and 15.2-6407 of the Code, under the Original Agreement, or otherwise, as of June 25, 2019. g. The remaining member localities of the Authority, being Pittsylvania, Danville and Hurt, desire to amend and restate the Original Agreement as set forth herein, in furtherance of the purpose of the Authority, which is to enhance the economic base for Pittsylvania, Hurt, and Danville by developing, owning, and operating the SVMP and other agreed upon projects on a cooperative basis involving each of them. Section 2. - Creation of Staunton River Regional Industrial Facility Authority. The parties haveOriginal Parties established a regional industrial facility authoritythe Authority through adoption of respective ordinances, as allowed by and in compliance with the Act. (the “Original Ordinances”), as allowed by and in compliance with the Act, and the Secretary of the Commonwealth issued a Certificate confirming the formation of the Authority pursuant thereto on December 28, 2018. As set forth in Section 1(f) above, Altavista withdrew as a member locality of the Authority, and the Board of the Directors of the Authority approved such withdrawal, in compliance with the Act. Each of Pittsylvania, Danville, and Hurt have adopted amendments to their respective Original Ordinances to reflect the withdrawal of Altavista as a 10.B.1.b Packet Pg. 115 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 3 member locality of the Authority as set forth herein, and to approve this Agreement. The terms and duties of the members of the Board of Directors are specified in such amended ordinances and in the Act. The regional industrial facility authority of which each of the parties is a member locality shall be named the “Staunton River Regional Industrial Facility Authority” (the “SR RIFA” or the “Authority”).The member localities of the Authority are now Pittsylvania, Danville and Hurt. Section 3. - Definitions. a. “Act” shall have the same meaning set forth in Section 1(a) above. b. “Agreement” shall mean this Agreement or this Amended and Restated Staunton River Cost and Revenue Sharing Agreement. c. “Authority” (or “SR RIFA”) shall have the same meaning set forth in Section 2 above or Staunton River Regional Industrial Facility Authority, a political subdivision of the Commonwealth of Virginia. d. “Authority Facility” (or “Authority Facilities”) shall mean any industrial project of the Authority as agreed by all the Member Localities. As of the date of this Agreement, the Authority does not hold an interest to any portion of the SVMP except as provided in the Development Agreement (as defined in this Section 3); however, the parties acknowledge and agree that the Authority's performance under the Development Agreement and the acquisition of one or more lots of the SVMP shall be deemed to be an Authority Facility. e. “Development Agreement” shall mean a SR RIFA Development and Option Agreement that the Authority may enter into with the land owners of the SVMP whereby the Authority shall have the option to purchase one or more lots of the SVMP for development as an Authority Facility. f. “Dissolution of Authority” shall be mean the procedures and division of assets in connection with the dissolution of a regional industrial facility authority as set forth in Virginia Code ' 15.2-6415, as amended. g. “Facility Generated Income and Revenues” shall mean any and all identifiable tax revenues generated from property owned currently or at some time by the Authority, which may have been sold, leased, conveyed or transferred to any third party. h. “Grant Applicant Member Locality” shall have the same meaning set forth in Section 7 below. 10.B.1.b Packet Pg. 116 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 4 i. “Host Locality”, with respect to a specific Authority Facility, shall be defined as the Member Locality in which that Authority Facility is physically located. j. “LOI” shall have the same meaning set forth in Section 1(a) above. k. “Member” or “Member Locality” shall mean a member locality of the Authority. As of the date of this Agreement, Member or Member Locality shall include Pittsylvania, Hurt, Altavista and Danville. l. “Member Controversy” shall mean a controversy or claim arising of or related to this Agreement or breach hereof. m. “Member Locality Obligation” shall have the same meaning set forth in Section 16 below. n. “Member Share” or “Member Shares” shall mean the following percentages: (i) for Pittsylvania, fiftysixty-one percent (5061%); (ii) for Hurt, four percent (4%)%); and (iii) for Altavista, twenty-threeDanville, thirty-five percent (23%); and (iv) for Danville, twenty-three percent (2335%). o. “Non-Appropriating Member Locality” shall have the same meaning set forth in Section 16 below. p. “Non-Host Locality” shall be defined as the Member or Member Locality that is not the Host Locality. q. “SR RIFA” (or “Authority”) shall have the same meaning set forth in Section 2 above or Staunton River Regional Industrial Facility Authority. r. “SVMP” shall have the same meaning set forth in Section 1(a) above. s. “Utility Extension Costs” shall have the same meaning set forth in Section 4(c) below. Section 4. - Project Costs; Contributions. a. Generally. In order to receive and as a condition of receiving its respective Member Share of Facility Generated Income and Revenues under this Agreement, each Member Locality (i) shall make an initial contribution as set forth in Section 8 below and (ii) shall make additional contributions according to its Member Share, as such contributions may be unanimously agreed upon by the Members from time to time in conformance with the provisions 10.B.1.b Packet Pg. 117 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 5 of Section 4(b), in the form of adopting an annual budget for the Authority or passing a specific resolution of the Authority for each such additional contribution by all Members. The budget shall include funds for the acquisition, construction and development of any Authority Facility, as well as for marketing and promotion of any Authority Facility. In the event that a Member does not agree, or for whatever other reason, fails to contribute its Member Share as set forth in a unanimously adopted budget or resolution by the Authority, the Authority, by unanimous vote of the remaining Members, shall have the right to waive such additional contribution obligation by that non-contributing Member, and the Member Shares of all of the Members shall be recalculated based on the additional contributions actually made by the other Members. However, no such waiver may be made by the Authority, if doing so shall cause the Member Share of the non-contributing Member to be equal to or less than zero percent (0%). If such waiver is not made by the Authority, the procedures under Section 16 below shall be employed -- the non-contributing Member shall be deemed to be a Non-Appropriating Member Locality and the amount not contributed by that Member shall be deemed to be a Member Locality Obligation. Notwithstanding any other provision of this Agreement, any future contributions by a Member Locality to the Authority shall be voluntary and subject to an appropriation by the governing body of the Member Locality. The failure of the governing body of a Member Locality to appropriate funds for any future contribution to the Authority shall not be a breach of this Agreement. b. Recruitment Incentives; Additional Recruitment Incentives. As part of the Authority’s mission, the Authority may offer, from time to time, grants or incentives (collectively, the “Recruitment Incentives”) to an industry or business client in order to recruit such industry or business to locate within any of the Authority Facilities. The cost value of the Recruitment Incentives offered by the Authority shall be solely determined and based upon expected direct taxes paid by the project via the taxable value of machine, tools and real property. The total value of the Recruitment Incentives offered by the Authority shall be dependent upon the targeted return on investment years as unanimously agreed upon by the Members; however, this provision shall not preclude any Member Locality, on its own behalf and expense, from voluntarily offering additional incentives for a particular project’s Recruitment Incentives package. In the event of such additional incentives by a Member Locality (the “Additive Member Locality”), the Authority, by unanimous consent of the Member Localities, may deem the value of such additional incentives as a credit toward the Additive Member Locality’s Member Share of the Recruitment Incentives offered for a future project, and the provisions of Section 7 below shall apply. c. “Opt Out” of Additional Contributions for a Proposed Project. In the event that a proposed project would require additional contributions (whether in cash or other property) from every Member according to its respective Member Share, and one or more Members wish to opt- 10.B.1.b Packet Pg. 118 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 6 out from such additional contributions for that project, the Authority, prior to engaging in that project, shall determine by unanimous vote and resolution by its Board of Directors whether one or more of the following would apply: (i) the opting-out Member's share of the revenue from that particular project would be reduced by a fixed dollar amount or by a fixed percentage of up to one hundred percent (100%); (ii) the opting-out Member's share of the revenue from all, but not less than all, Authority projects would be reduced by a fixed dollar amount; and/or (iii) the percentages of the Member Shares would be adjusted based on the value of each such additional contribution made. d. Utility Extensions. With respect to utility extension installations to an Authority Facility, the costs of any such installation (“Utility Extension Costs”) shall be deemed to be the exclusive cost of the Member Locality whose service jurisdiction includes the area of such installation. Utility Extension Costs shall be excluded from a cost of the Authority that otherwise would be shared by the Member Localities according to the respective Member Share. Accordingly, Utility Extension Costs shall be disregarded for purposes of any Dissolution of Authority; however, if the Authority, in its sole discretion, advanced Utility Extension Costs for the benefit of a Member Locality and such advance is unpaid, the value of assets of the Authority to be distributed to that Member Locality shall be reduced by an amount equal to the unpaid balance of the advance. Notwithstanding the foregoing, the costs of utility extension installations to the SVMP shall be at the exclusive cost of Pittsylvania (or the Pittsylvania County Service Authority, a political subdivision of the Commonwealth of Virginia, as the case may be). Notwithstanding any other provision of this Agreement, Altavista shall have no obligation to provide utility services to the SVMP. Any future extensions of utility lines or expansions in treatment or supply capacity by Altavista shall be addressed in a future agreement according to the terms and conditions stated in any such future agreement. Notwithstanding any other provision of this Agreement, Hurt shall have no obligation to provide utility services to the SVMP. Any future extensions of utility lines or expansions in treatment or supply capacity by Hurt shall be addressed in a future agreement according to the terms and conditions stated in any such future agreement. Section 5. - Income and Revenues. a. Income Generated by the Authority. The parties agree that any and all income generated as a result of sales, leases, conveyances, and/or interest on funds held by the Authority shall constitute income generated by the Authority. Such income generated by the Authority shall be held and utilized by the Authority in accordance with the Act to further promote economic development within the localities of the Members, as the Authority in its discretion deems appropriate. 10.B.1.b Packet Pg. 119 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 7 b. Additional Funding Contributions by all Member Localities. The parties agree that additional funding shall be necessary for the acquisition, construction and development of the SVMP and other Authority Facilities designated from time to time. The parties further agree that in the event the Member Localities unanimously determine that such additional funding for such purposes needs to be contributed to the Authority, then each Member Locality shall contribute its respective Member Share of such funding, subject to the provisions of Section 4 above and Section 16 below. As provided in Section 4(a) above, any future contributions by a Member Locality to the Authority shall be voluntary and subject to an appropriation by the governing body of the Member Locality. The failure of the governing body of a Member Locality to appropriate funds for any future contribution to the Authority shall not be a breach of this Agreement. Section 6. - Administration of the Funding for Projects. The parties agree that the administration and support given to each Authority Facility as well as support given to the Authority shall be allocated and determined by the Authority. Unless otherwise determined by resolution of the Authority, Pittsylvania shall serve as fiscal agent of the Authority for the development of the SVMP and all other Authority Facilities. Section 7. - Pursuit of Other Funding. Nothing in this Agreement shall preclude any one or more Member Localities from pursuing, and successfully receiving, other funding sources to pay for site development of, or Recruitment Incentives for, any Authority Facility (“Grant Applicant Member Locality”). However, one Member Locality cannot and shall not bind any of the other Member Localities (or the Authority, as the case may be) to any grants without the express written approval of all Member Localities (or the Authority, as the case may be). Moreover, in the event that a Grant Applicant Member Locality is obligated to return grant monies or to make other reimbursements to the grant source or its designee, the amount of such returned monies or reimbursements shall be deemed to be a cost of the Authority and subject to the cost-sharing provisions of Section 4 above, so long as (i) the Grant Applicant Member Locality had obtained written approval from all Member Localities (or the Authority, as the case may be) of the Grant Applicant Member Locality's grant conditions; and (ii) the purposes of the grant were in furtherance of the acquisition, construction or development of an Authority Facility, including without limitation Recruitment Incentives. Section 8. - Initial Contributions. The Member Localities hereby acknowledgeThe Original Parties made the initial contributions to the Authority as follows: Member Locality Contribution Pittsylvania $50,000.00 10.B.1.b Packet Pg. 120 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 8 Member Locality Contribution Hurt $4,000.00 Altavista $23,000.00 Danville $23,000.00 Total $100,000.00 All other contributions from a Member Locality to the Authority shall be acknowledged by the Treasurer of the Authority, who shall update the respective Member Shares of the Member Localities. Section 9. - Sharing of Machinery and Tools Tax Revenues. Once one or more industries or businesses have located within any Authority Facility, the Host Locality will begin to realize tax revenues from such industries or businesses for machinery and tools tax. The Host Locality alone shall determine the rate at which machinery and tools are taxed and the due date of such taxes. The Host Locality agrees that subject to Section 16 below, upon receipt of machinery and tools tax remitted by an industry or business located within an Authority Facility, the Host Locality shall appropriate the total of taxes so received, pay the same to each of the Non-Host Localities according to the respective Member Share, and retain the remaining amount. Section 10. - Sharing of Real Property and Personal Property Tax Revenue. Once one or more industries or businesses have located within any Authority Facility or purchased real property in any Authority Facility, the Host Locality will begin to realize tax revenues from such industries or businesses for real property and personal property. The Host Locality alone shall determine the rate at which real and personal property is taxed and the due date of such taxes. The Host Locality agrees that subject to Section 16 below, upon receipt of such real property taxes, personal property taxes or both remitted by an industry or business located within an Authority Facility, the Host Locality shall appropriate the total of taxes so received, pay the same to each of the Non-Host Localities according to the respective Member Share, and retain the remaining amount. Section 11. - Sharing of Miscellaneous Tax Revenues. Once one or more industries or businesses have located within any Authority Facility, the Host Locality will begin to realize other tax revenues from business license tax, meals tax, lodging tax and any alcohol tax or any income and other Facility Generated Income and Revenues in addition to those described in Sections 9 and 10 above. The Host Locality alone shall determine the tax rates for these taxes and their due dates. The Host Locality agrees that subject to Section 16 below, upon receipt of such taxes remitted shall appropriate the total taxes so received from these industries or businesses located in the Authority Facility, pay the same to each of the Non-Host Localities 10.B.1.b Packet Pg. 121 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 9 according to the respective Member Share, and retain the remaining amount. The parties further agree that should the General Assembly of the Commonwealth of Virginia authorize a locality to levy and collect a new local tax and should the Host Locality choose to implement such future tax on property located within a Host Locality, then the parties agree that such new tax revenues realized from a joint regional authority will be shared equally in the same manner and fashion as other taxes within this Agreement. Section 12. - Payment of Tax Revenues; No Pledge of the Credit or Taxing Power. All tax revenues due to the Non-Host Locality under this Agreement shall be paid by the Host Locality within sixty (60) days after receipt and appropriation of such tax revenues. If any tax delinquencies occur, each Non-Host Locality will pay its respective Member Share of the cost of collecting past due taxes, and will receive its respective Member Share of the penalties and interest accrued and paid. In accordance with Virginia Code ' 15.2-6406, as amended, the sharing of tax revenues of the governing body of a Member Locality pursuant to this Agreement shall not constitute a pledge of the credit or taxing power of such Member Locality. Section 13. - Decisions by or Consent from the Member Localities. Except for decisions or consents pertaining to Dissolution of Authority, the amendment of this Agreement, or additional contributions to the Authority, or except as otherwise required by law, the requirement of any decision or consent of a Member Locality under this Agreement may be satisfied, but shall not be required to be satisfied, by a writing executed by those certain directors of the Authority who were appointed by that Member Locality. Section 14. - Dissolution of Authority. In the event of Dissolution of Authority, Dissolution of Authority shall be made pursuant to Virginia Code ' 15.2-6415, as amended. Reference is here made to Section 4(c) above with respect to Utilities Extension Costs and Section 16 below. Section 15. - Limitation of Liability. The Authority shall ensure the payment of all obligations, costs, and expenses for the implementation of any Authority Facility anticipated under this Agreement. The parties acknowledge that no Member Locality shall be liable or responsible for the financing or for any debts of any Authority Facility, except with the prior express, written consent of that Member Locality or except as expressly provided in this Agreement. Section 16. - Non-Appropriation Provision. Notwithstanding any other provision in this Agreement to the contrary, if any Member Locality fails during any fiscal year to appropriate or allocate sufficient funds to pay the amounts to be paid by that Member Locality (the “Non- Appropriating Member Locality”) pursuant to this Agreement which become due and payable during such fiscal year (the “Member Locality Obligation”), then the Member Locality Obligation of that Non-Appropriating Member Locality shall terminate at the end of the fiscal 10.B.1.b Packet Pg. 122 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 10 year in which such non-appropriation occurs. However, unless the Member Locality Obligation is waived by the Authority and the Member Shares of the Member Localities are recalculated as set forth in Section 4 above, the unpaid balance of the Member Locality Obligation shall be applied against the Non-Appropriating Member Locality's Member Share of all sums otherwise payable and due to such Non-Appropriating Member under this Agreement. As provided in Section 4(a) above, the failure of the governing body of a Member Locality to appropriate funds for any future contribution to the Authority shall not be a breach of this Agreement. Section 17. - Non-waiver. No waiver of any term or condition of this Agreement by any party shall be deemed a continuing or further waiver of the same term or condition or a waiver of any other term or condition of this Agreement. Section 18. - Attorneys' Fees. Except for the attorneys' fees of Clement & Wheatley, A Professional Corporation, pertaining to the formation of the Authority and the negotiating, drafting, and execution of the Development Agreement which shall be the responsibility of the Authority, each Member shall be solely responsible for its respective attorneys' fees in the negotiating, drafting, and execution of this Agreement and any of the transactions contemplated hereby. Section 19. - Other Documents. The parties agree that they shall execute, acknowledge, and deliver all such further documents as may be reasonably required to carry out and consummate the transactions contemplated by this Agreement. Section 20. - Mediation. a. If the parties are unable to resolve a Member Controversy, the parties shall attempt to resolve the same by mediation by a mediator of The McCammon Group, who is experienced and knowledgeable in the subject matter of such Member Controversy, in accordance with the rules of such mediator or such other rules as the parties in dispute may then agree. If a party fails to respond to a written request for mediation within thirty (30) days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issues in dispute, and any unresolved Member Controversy may be submitted to a court of competent jurisdiction, so long as the venue is located outside the geographic area of the Member Localities in dispute. b. The mediator from The McCammon Group shall be selected by the parties in dispute. The mediator shall conduct mediation at the location to be agreed upon by the parties in dispute or absent such agreement, by the mediator, so long as the location is not within the geographic area of the Member Localities in dispute. Within two (2) days after selection, the 10.B.1.b Packet Pg. 123 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 11 parties in dispute shall furnish the mediator with copies of the notice, this Agreement, the party's (or parties') response, and any other documents exchanged by the parties in dispute. If the mediation does not result in settlement of the Member Controversy within thirty (30) days after the initial mediation conference, then the mediator shall make a written recommendation as to the resolution of the Member Controversy. Each party in dispute, in its sole discretion, shall accept or reject such recommendation in writing within ten (10) days after receipt of such recommendation. If such recommendation is not so accepted by both parties in dispute or a settlement is not so reached within such ten (10) day period, any remaining Member Controversy may be submitted to a court of competent jurisdiction, so long as the venue is located outside the geographic area of the Member Localities in dispute. c. Notwithstanding anything contained herein to the contrary, the provisions of this Section 20 shall not preclude any party, prior to an election for or pending mediation of a matter, from pursuing in a court of competent jurisdiction temporary injunctive or other equitable relief to protect the parties' respective interests under this Agreement or under the Act. d. The compensation and expenses of the mediation and any administrative fees or costs of mediation shall be borne equally by the parties in dispute. Section 21. - Default. The parties retain all rights at law and in equity to enforce the provisions of this Agreement in accordance with applicable law. Section 22. - Headings. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. Section 23. - Notices. Any notice required or contemplated to be given to a party by any of the parties by any other party shall be in writing and shall be given by hand delivery, certified or registered United States mail, or a private courier service which provides evidence of receipt as part of its service, to the Clerk of that Member, with a copy to that Member's attorney and to the attorney of the Authority. Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change in the manner provided herein. A notice given hereunder shall be deemed given on the date of hand delivery, deposit with the United States Postal Service properly addressed and postage prepaid, or delivery to a courier service properly addressed with all charges prepaid, as appropriate. Section 24. - Governing Law; Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties have participated jointly in the negotiation and drafting of this Agreement. If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumptions or burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the provisions of this Agreement. In addition, this 10.B.1.b Packet Pg. 124 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 12 Agreement is to be interpreted to the fullest extent possible as a revenue sharing agreement permitted under Virginia Code ' 15.2-6407, as amended, and the obligations of the parties shall not be construed to be a debt within the meaning of Article VII, Section 10 of the Constitution of Virginia. Section 25. - Amendment, Modification and/or Supplement. The parties may amend, modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties, provided such amendments, modifications, and/or supplement are reduced to writing and signed by the parties or their successors in interest. Section 26. - Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. Section 27. - Gender and Number. Throughout this Agreement, wherever the context requires or permits, the neuter gender shall be deemed to include the masculine and feminine, and the singular number to include the plural, and vice versa. Section 28. - Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 29. - Survival. Any termination, cancellation or expiration of this Agreement notwithstanding, provisions which are by their terms intended to survive and continue shall so survive and continue. [SIGNATURES ON FOLLOWING PAGES.] 10.B.1.b Packet Pg. 125 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 13 WITNESS the following signature to this AMENDED AND RESTATED STAUNTON RIVER COST AND REVENUE SHARING AGREEMENT as of the date first above written: COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _________________________________ DAVID M. SMITHERMAN, County Administrator ATTEST: ________________________________ HOLLYE M. KEESEE Executive Assistant, County Administration County of Pittsylvania, Virginia APPROVED AS TO FORM: ________________________________ J. VADEN HUNT County Attorney County of Pittsylvania, Virginia 10.B.1.b Packet Pg. 126 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 14 WITNESS the following signature to this AMENDED AND RESTATED STAUNTON RIVER COST AND REVENUE SHARING AGREEMENT as of the date first above written: TOWN OF HURT, VIRGINIA, a Virginia municipal corporation By: _________________________________ GARY N. POINDEXTER, Mayor Town Council ATTEST: ________________________________ SUSAN NICHOLS Clerk Town of Hurt, Virginia APPROVED AS TO FORM: ________________________________ RUSSELL O. SLAYTON, ESQ. Special Counsel to Town of Hurt, Virginia 10.B.1.b Packet Pg. 127 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 15 WITNESS the following signature to this STAUNTON RIVER COSTAMENDED AND REVENUE SHARING AGREEMENT as of the date first above written: TOWN OF ALTAVISTA, VIRGINIA, a Virginia municipal corporation By: _________________________________ MICHAEL E. MATTOX, Mayor Town Council ATTEST: ________________________________ J. WAVERLY COGGSDALE, III Town Manager and Clerk Town of Altavista, Virginia APPROVED AS TO FORM: ________________________________ GREGORY J. HALEY, ESQ. Special Counsel to Town of Altavista, Virginia 10.B.1.b Packet Pg. 128 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 16 WITNESS the following signature to thisRESTATED STAUNTON RIVER COST AND REVENUE SHARING AGREEMENT as of the date first above written: CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation By: _________________________________ KEN F. LARKING, City Manager ATTEST: ________________________________ SUSAN M. DeMASI Clerk City of Danville, Virginia APPROVED AS TO FORM: ________________________________ W. CLARKE WHITFIELD, JR. City Attorney City of Danville, Virginia 10.B.1.b Packet Pg. 129 Attachment: Amended and Restated Cost and Revenue Sharing Agreement - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff 1 AMENDED AND RESTATED BYLAWS OF STAUNTON RIVER REGIONAL INDUSTRIAL FACILITY AUTHORITY Adopted February 8, 2019 Revised ______________1 ARTICLE I. PURPOSES AND POWERS Staunton River Regional Industrial Facility Authority (the “Authority”) shall be organized and operated in accordance with Title 15.2, Chapter 64 of the Code of Virginia, 1950, as amended, also known as the Virginia Regional Industrial Facilities Act (the “Act”), as the same may be amended from time to time. The Authority shall also comply with all lawful directives as may be mutually agreed its members: (i) the County of Pittsylvania, Virginia (the “Pittsylvania”); (ii) the Town of Hurt, Virginia (“Hurt”); and (iii) the Town of Altavista, Virginia ( “Altavista”); and (iv) the City of Danville, Virginia ( “(“Danville”). The general purpose of the Authority shall be to enhance the economic base of Pittsylvania, Hurt, Altavista and Danville by developing, owning, and operating one or more facilities on a cooperative basis involving such localities (each locality being hereinafter referred to as a “Member Locality” or collectively hereinafter referred to as “Member Localities”), including without limitation the specific purpose to develop the Southern Virginia Multimodal Park located in Pittsylvania County, and to develop one or more parcels within the boundaries of the Member Localities as regional industrial parks and for additional purpose of future development of other industrial properties or other reasons as permitted by the Act and as agreed upon by the Member Localities. The Authority shall have any and all powers under the Act, as the same may be amended from time to time. ARTICLE II. OFFICES 1. The principal office of the Authority shall be located within the boundaries of a Member Locality as designated by the Board of Directors of the Authority (the “Board”). 2. The title to all property of every kind belonging to the Authority shall be titled in the name of the Authority, which shall hold such title for the benefit of its Member Localities. 3. Except as otherwise required by resolution of the Authority, or as the business of the Authority may require, all of the books and records of the Authority shall be kept at the office to be designated as provided above. 1 The original Bylaws of the Authority were adopted by the Board of the Authority at its organizational meeting held on February 8, 2019 (the “Original Bylaws”). The Town of Altavista, Virginia (“Altavista”) was a Member Locality of the Authority under the Original Bylaws. Altavista’s Town Council approved and adopted a resolution on June 25, 2019, withdrawing as a Member Locality of the Authority, and the Board of the Authority approved such withdrawal by the adoption of a resolution at its meeting held on October 4, 2019. These Amended and Restated Bylaws are adopted to remove Altavista as a Member Locality and to make conforming changes in connection therewith and consistent with the Amended and Restated Cost and Revenue Sharing Agreement dated October 4, 2019. 10.B.1.c Packet Pg. 130 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 2 4. The minutes of the Authority shall be open and available for inspection as required by The Virginia Freedom of Information Act, Virginia Code §§ 2.2-3700 et seq., as amended. Draft minutes shall be made reasonably available within ten (10) business days of the meeting to which they relate. Final minutes shall be made reasonably available within three (3) business days of approval by the Board. ARTICLE III. MEMBERSHIP The Member Localities of the Authority are Pittsylvania, Hurt, Altavista, and Danville, each of which is a political subdivision of the Commonwealth of Virginia, and each of which is authorized by the Act to participate in the Authority. The membership may, with unanimous approval of the Board, be expanded as may be authorized in the Act. ARTICLE IV. MEMBER LOCALITY AGREEMENT 1. The Authority shall be governed by the Act, these Bylaws and by the Amended and Restated Staunton River Cost and Revenue Sharing Agreement among Pittsylvania County, Virginia, the Town of Hurt, Virginia, the Town of Altavista, Virginia, and the City of Danville, Virginia, dated as of December 28, 2018October 4, 2019, executed by the Governing Body of each Member Locality (the “Agreement”). The Agreement establishes the respective rights and obligations of the Member Localities and provides for revenue and economic growth-sharing arrangements with respect to tax revenues and other income and revenues generated by any facility owned by the Authority. 2. Without limiting the provisions of the Agreement, each Member Locality, through its county administrator, town manager, city manager or other respective designee, is authorized to incur, on behalf of the Authority, up to an aggregate amount of Ten Thousand Dollars ($10,000.00) in reasonable expenses, related to, or arising out of, (i) developing or testing the Authority’s projects for a particular business prospect or (ii) marketing to a particular business prospect. Prior to incurring any such expense under this paragraph, the Member Locality shall consult with the other Member Localities on such business prospect. Such expenses shall be reported to the Board at its next regular meeting for consideration and ratification. ARTICLE V. BOARD OF DIRECTORS 1. The powers, rights, and duties conferred by the Act upon the Authority shall be exercised by the Board, which shall consist of eight (8six (6) members, as follows: Pittsylvania: Two (2) members of the Board; Hurt: Two (2) members of the Board; Altavista: Two (2) members of the Board; and Danville: Two (2) members of the Board. In addition to the members of the Board, each Governing Body of each Member Locality shall select one (1) alternate director, to serve in the absence of a director appointed by the Governing Body of such Member Locality, in accordance with the provisions of these Bylaws. 10.B.1.c Packet Pg. 131 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 3 2. Each Member Locality shall appoint to the Board (2) members according to paragraph 1 of this Article, from its Governing Body to serve an initial four (4) year term pursuant to the Act. Each Member Locality shall also appoint one (1) member from its Governing Body to serve an initial four (4) year term as an alternate director. Each appointee of a Governing Body shall be a resident of the Member Locality of that Governing Body. Notwithstanding the foregoing, so long as a Board member is otherwise qualified to serve in accordance with these Bylaws (i.e., is a member of the appointing Governing Body), such Board member shall hold office until a successor is duly appointed by the appropriate Governing Body. 3. In order to remain eligible as a director or alternate director of the Authority, such director or alternate director must be a current member of the Governing Body that appointed that director or alternate director. Once a director or alternate director of the Authority is no longer a member of the Governing Body, the Member Locality will appoint a new director or alternate director, as the case may be, from its Governing Body to fill the unexpired term of the vacating director or alternate director as the case may be. In the event of a vacating director, the alternate director from the same Member Locality shall serve until a replacement director is appointed by the Governing Body of such Member Locality, which shall have the authority to fill any such vacancies. 4. Each director or alternate director of the Board, before entering upon the discharge of the duties of the office, shall take and subscribe to the oath prescribed in Virginia Code § 49-1, as amended, and shall serve in compliance with the Act, these Bylaws and the Agreement. 5. In the absence of a director appointed by the Governing Body of a Member Locality, the alternate director of the same Member Locality may act in place of such absent director. The alternate director from one Member Locality shall not have the right to vote unless at least one (1) director from the same Member Locality is absent. 6. All powers and duties of the Authority shall be exercised and performed by the Board, acting by simple majority vote of those directors present at a meeting at which a quorum is present, except that no facilities owned by the Authority shall be leased or disposed of in any manner without a majority vote of the Board. A quorum shall consist of three (3two (2) directors (including any alternate director entitled to vote at such meeting) of the Board, where each of them represents a different Member Locality. For the purposes of determining quorum, an alternate director from one Member Locality shall not be counted unless a director of the same Member Locality is absent. No vacancy in the membership of the Board shall impair the right of a quorum to exercise all the rights and perform all the duties of the Board. 7. Members of the Board and alternate directors shall be reimbursed for actual and reasonable expenses incurred the performance of their duties from funds available to the Authority. ARTICLE VI. OFFICERS 10.B.1.c Packet Pg. 132 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 4 1. The Board shall elect from its directors a Chairman and a Vice Chairman. The director elected to the office of Chairman shall rotate each term of office from one Member Locality to each of the other Member Localities, beginning with Pittsylvania, next Hurt, next Altavista, and next Danville and then repeating such rotation in the same order with Pittsylvania, next Hurt, next Altavista, and next Danville. 2. The term of office for the officers shall be for the calendar year in which they are elected, and shall continue until their successors are elected. 3. The duties of the Chairman shall be to preside at meetings of the Authority; to prepare the agenda for any and all meetings, and to make a copy of such agenda available to the Secretary for the purpose of providing notice of special meetings as hereinafter provided; to call special meetings; to call special elections; to appoint committees as may be deemed appropriate to carry out the intents and purposes of the Authority; to be ex officio a member of all committees; to sign, with the Secretary or any other proper officer of the Authority authorized by the Board, any documents or instruments which the Board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board or by these Bylaws to some other officer of the Authority, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of Chairman and such other duties as may be prescribed by the Board from time to time. The Chairman shall have an equal vote with the other directors, and shall not have a second, tie-breaking vote on any question. 4. The Vice Chairman shall, in the absence or disability of the Chairman, perform the duties imposed upon the Chairman and exercise the powers granted to the Chairman, including without limitation those duties and powers set forth in these Bylaws. The director elected to the office of Vice Chairman shall not be from the same Member Locality as that of the Chairman and shall rotate each term of office from one Member Locality to each of the other Member Localities, beginning with Hurt, next Altavista, next Danville, and next Pittsylvania and then repeating such rotation in the same order with Hurt, next Altavista, next Danville, and next Pittsylvania. 5. The Board shall appoint a Secretary and a Treasurer from the Authority’s staff, which may include staff provided by a Member Locality or other persons employed or contracted by the Authority. The offices of Secretary and Treasurer may be held by the same person. If a person serving as Secretary or Treasurer ceases to be staff of a Member Locality, such person shall not be disqualified from serving as Secretary or Treasurer and shall continue to serve the remainder of the term of office unless such person is sooner removed or resigns from such office. a. The duties of the Secretary shall be to take the minutes of the meetings of the Board; to have custody of all records of the Authority; to have custody of the Seal of the Authority and to ensure that the Seal of the Authority is affixed to all documents or instruments, the execution of which on behalf of the Authority under its Seal is duly authorized by the Board; to sign with the Chairman (or the Vice Chairman, as the case may be) any documents or instruments which the Board has authorized to be executed; to ensure that all notices are duly given as required by law, these Bylaws or by the Board; to call meetings of the Board to order in 10.B.1.c Packet Pg. 133 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 5 the absence of the Chairman and the Vice Chairman, and thereupon to conduct an election for a temporary presiding officer for that meeting; and in general to perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the Board. In the absence of the Secretary, the Chairman shall appoint a director or alternate director or shall direct a member of the Authority’s staff to be responsible for the preparation of detailed minutes of any meeting. b. The duties and authority of the Treasurer shall include: (a) the duty to keep suitable records of all financial transactions of the Authority; (b) the authority to arrange for the preparation of any audits of the financial records of the Authority, as may be directed by the Board; (c) the duty and authority to have charge and custody of all funds and arrange for their investment and deposit in the name of the Authority when authorized by the Board; (d) the duty and the authority, in the absence of the Secretary, to perform all duties of the Secretary, except for those certain other duties which the Chairman, under the Bylaws, delegates to a director, alternate director, officer or staff member in the Secretary’s absence; and (e) in general, the duty and the authority to perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned by the Board. The Treasurer shall give bond in such sum as may be fixed by the Board with surety to be approved by the Board. The cost of such surety shall be paid by the Authority. ARTICLE VII. ELECTIONS OR APPOINTMENT OF OFFICERS 1. Regular elections or appointment of officers shall be held at the regular meeting of the Board in January of each year. 2. Special elections of officers in order to fill vacancies or to fill newly created offices shall be held (i) at a regular meeting duly called or (ii) at a special meeting designated by the Chairman, but only after notice of such special meeting, as provided in Paragraph 3 of Article VIII (“Meetings”), has been given. ARTICLE VIII. MEETINGS 1. The Board shall determine the times and places of its regular meetings, but shall meet at least, for its annual meeting, as set forth in Paragraph 2 below. Regular meetings of the Board shall be open to the public (unless otherwise provided under Virginia Code § 2.2-3711, as amended or successor provision). Regular meetings shall be held in Pittsylvania, Hurt, Altavista or Danville upon call of the Chairman or as otherwise provided in these Bylaws. At a regular meeting, any business may be brought before the Board, whether or not that business is set forth in the notice of regular meeting. In the event that the date of any regular meeting determined by the Board is a date on which any one or more of the Member Localities’ administrative offices are closed for business, the regular meeting shall be held on the next date on which all the Member Localities’ administrative offices are open for business. At the regular meeting of the Board in January, the Board shall elect or appoint its officers to serve for that calendar year. 2. The annual meeting of the Board shall take place at the regular meeting of the Board in July of each year, at such place, time, and date as may be established by the Board or 10.B.1.c Packet Pg. 134 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 6 the Chairman. Each Member Locality shall make its appointments prior to such annual meeting so that the membership of the Board will be complete for such annual meeting. 3. Special meetings of the Board may be called by the Chairman at the request of (a) any two (2) directors; (b) two (2) alternate directors; or (c) one (1) director and one (1) alternate director, so long as those two (2) persons requesting the special meeting represent different Member Localities. Such request shall be in writing, which may be by email to the Chairman at the email address of record, and shall specify the time and place of the special meeting and the matters to be considered at the special meeting. No matter not specified in the notice of special meeting shall be considered at such special meeting unless all directors (or an alternate director acting in lieu of an absent director) of the Board are present. Special meetings shall be open to the public (unless otherwise permitted under Virginia Code § 2.2-3711, as amended or successor provision). 4. Notices of both regular and special meetings shall be mailed by the Secretary to each member of the Board not less than three (3) business days before any such meeting; and notices of special meetings shall state the purposes thereof. All notices required herein shall state the date, time, and location of the meeting and shall be delivered by hand, United States mail, or a private courier service which provides evidence of receipt as part of its service to the address of record of all directors and alternate directors. A notice given hereunder shall be deemed given on the date of hand delivery, deposit with the United States Postal Service properly addressed and postage prepaid, or delivery to a courier service properly addressed with all charges prepaid, as appropriate. Any notice required herein may be waived in writing by the party entitled to such notice, and such waiver may specify that notice may be given to such party electronically (including without limitation by email or access to a website) in lieu of other means of delivery. At the time that any such notice is given to the directors and alternate directors, a copy of such notice shall be posted (i) in a prominent location at which notices are regularly posted, and (ii) at the office of the clerk of the Authority, currently at 1 Center Street, Chatham, Virginia. A copy of any agenda materials or other information included with the notice to the directors and alternate directors (other than materials exempt from disclosure under The Virginia Freedom of Information Act, Virginia Code §§ 2.2-3700, et seq., as amended) shall be posted or made available with the copy of such notice. Notice may also be posted electronically on the Authority’s website or otherwise, but such posting shall not be required. At least one (1) copy of the agenda materials or other information given at the meeting to the directors and alternate directors (other than materials exempt from disclosure under The Virginia Freedom of Information Act, Virginia Code §§ 2.2-3700, et seq., as amended) shall be made open and available for inspection at the meeting. Attendance of a director or alternate director at a meeting shall constitute a waiver of notice of such meeting, except where a director or alternate director attends for the express purpose of objecting to the sufficiency of the notice given or to the lack of notice. 10.B.1.c Packet Pg. 135 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 7 5. Formal action shall be taken by the Board only at open meeting sessions, and such sessions shall be open to the public. 6. The vote on the adoption of every resolution, any proposals creating a liability, or for the appropriation or expenditure of funds shall be by yeas or nays, and whenever the vote is not unanimous, the names of the directors (or alternate directors, where permitted under these Bylaws) voting for and of those voting against such action shall be entered upon the minutes. 7. Unless otherwise provided, procedure at meetings shall follow Robert’s Rules of Order as then revised. 8. When approved, all minutes shall be signed by the Secretary and the presiding officer of the particular meeting. 9. All actions of the Board requiring the approval of an expenditure will be accompanied by a budget reference and/or funding source. 10. No item will be added to the agenda of a Board meeting without the unanimous consent of the Board members present. ARTICLE IX. REQUIRED REPORTS 1. Annual Reports. The Board shall report to the Governing Body of each Member Locality annually, on or before the last March meeting of the Governing Body, on the activities of the Authority. In addition to oral presentation at the meeting, a written annual report shall be provided prior to the meeting and shall contain, at a minimum, the following information: a. A financial update through December 31 of the current fiscal year; b. After completion of the first fiscal year, an audited financial report showing expenditures and revenues and a statement showing financial condition at the end of the preceding fiscal year; c. A written report, approved by the Board, of the activities and accomplishments of the Authority and recommendations regarding future activities of the Authority; and d. A list of tenants, purchasers or other persons occupying the Southern Virginia Multimodal Park and any other regional industrial facilities developed by the Authority. 2. Special Reports. Upon written request of the Governing Body of any Member Locality, the Board shall report to such Governing Body within thirty (30) days of receipt of such request or within a longer period if so provided in such request. The special report shall describe the activities and financial status of the Authority within the six (6) month period 10.B.1.c Packet Pg. 136 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) 8 immediately preceding the request, or as otherwise specified in the request and shall be furnished to each Member Locality. A written report shall be provided if requested. ARTICLE X. FUNDING Funding of the Authority shall be by appropriation as decided from time to time by the Governing Bodies of the Member Localities and from such other sources as are identified in the Agreement. ARTICLE XI. STAFF The Board may hire such employees as are necessary to accomplish the purposes and powers of the Authority. ARTICLE XII. OFFICIAL SEAL The Seal of the Authority shall show the name of the Authority, the name of the Commonwealth, and the year of its formation; i.e., “STAUNTON RIVER REGIONAL INDUSTRIAL FACILITY AUTHORITY - VIRGINIA - 2018”. ARTICLE XIII. FISCAL YEAR The fiscal year of the Authority shall be from July 1 until June 30 of the following year. ARTICLE XIV. AMENDMENTS Except as otherwise provided by law, these Bylaws may be amended, repealed, or altered, in whole or in part, by a majority vote of the Board, at any regular meeting of the Board, or at any special meeting where such action has been announced in the call and notice of such meeting; however, instead of the time frame described in Paragraph 3 of Article VIII (“Meetings”) above, at least one (1) week advance written notice of such proposed amendment, repeal or alteration shall be given the directors and alternate directors. The undersigned hereby certify that the foregoing are the Amended and Restated Bylaws adopted by the Board of Directors at its initial meeting held on February 8_______________, 2020, to be effective as of October 4, 2019. ____________________________________ Secretary *The footnotes and annotations do not constitute part of these Bylaws and are provided for convenience only. 10.B.1.c Packet Pg. 137 Attachment: Amended and Restated Bylaws - v1 - REDLINE (1934 : Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: February 18, 2020 Item Number: 10.B.2 Attachment(s): 02-18-2020 Public Hearing Notice - Tax Due Date Change PCC Tax Date Code Changes Reviewed By: SUMMARY: At a recent Meeting, the Board’s Legislative Committee unanimously recommended to the full Board, following a legally advertised and held Public Hearing, the following potential revisions to the Pittsylvania County Code (“PCC”): (1) PCC § 6-12 (relating to changing the annual tax due date in the County from June 20th and December 20th to June 10th and December 10tth); (2) PCC §§ 9-48, 9-49, 9-53, 9-54, and 9-55 (related to changing various vehicle, trailer, and semi- trailer annual license fees and their payment due dates); and (3) PCC § 17-15 (relating to changing Solid Waste Disposal Fee annual payment due date and penalty application dates). FINANCIAL IMPACT AND FUNDING SOURCE: None for the tax due date changes; anticipated increase in license fee revenue for proposed license fee PCC revisions. RECOMMENDATION: Following the legally advertised and held Public Hearing, County Staff recommends adopting the above-PCC revisions as presented. MOTION: “I make a Motion to adopt the proposed revisions to Pittsylvania County Code Chapters 6, 9, and 17 as presented.” 10.B.2 Packet Pg. 138 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, February 18, 2020, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on the following proposed revisions to Pittsylvania County Code (“PCC”): PCC § 6-12 (relating to changing the annual tax due date in the County from June 20th and December 20th to June 10th and December 10tth); PCC §§ 9-48, 9-49, 9-53, 9-54, and 9-55 (related to changing various vehicle, trailer, and semi-trailer annual license fees and their payment due dates); and PCC § 17-15 (relating to changing Solid Waste Disposal Fee annual payment due date and penalty application dates). The full text of the proposed revisions is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.2.a Packet Pg. 139 Attachment: 02-18-2020 Public Hearing Notice - Tax Due Date Change (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Page 1 of 8 SEC. 6-1.2. TAX LEVY. BI-ANNUAL PAYMENT OF TAX LEVY; PENALTY FOR FAILURE TO PAY TAX; INTEREST ON UNPAID TAX. A. For each calendar year, the tax levied on Tax Levy as identified in Section 6.1.1 situated in the County shall be due and payable in two (2) equal installments, the first (1st) installment being due and payable on June 120th of each calendar year, except the Year 2012 which has a due date of July 16, 2012 for the 2012 year only, and the second (2nd) installment being due and payable on December 120th of each calendar year. If any person fails to pay any such installment of taxes on or before the date it is due, he/she shall incur a penalty of ten (10%) percent of the tax past due. The penalty shall be assessed on the day after the installment of taxes is due and shall become part of the taxes, except the Year 2020 for which the penalty shall commence of June 21st and December 21st for each tax due period. There shall also be assessed interest at the rate of ten (10%) percent per annum on the amount of past tax due, which interest shall commence on the first (1st) day of the month following the date such installment of taxes is due. In addition to taxes assessed and past due on or after January 1, 2007, any tax and penalty that was assessed and past due prior to January 1, 2007 shall accrue interest. The interest to be charged on any such delinquent tax payment shall be at the rate specified by the Pittsylvania County Code at the time that the tax was assessed and shall accrue at that specified rate beginning on the first (1st) day of the month following the date such tax payment was due and extending until December 31, 2006 unless sooner paid. In addition, any tax that was assessed and past due prior to January 1, 2007 shall accrue interest at ten (10%) percent per annum beginning on or after January 1, 2007. (B.S.M. 07-02-12) Year 2012 only. B. The Treasurer shall give notice at least ten (10) days prior to June 120th of each calendar year, except the Year 2012 which has a due date of July 16, 2012 for the 2012 year only, by publication in a newspaper of general circulation in the County, that he/she is prepared to receive at his/her office the installment of the real estate taxes from any tax payer charged therewith prior to June 121st of such year without penalty. (B.S.M. 07-02-12) Year 2012 only. C. The Treasurer shall give notice at least ten (10) days prior to December 120th of each calendar year by publication in a newspaper of general circulation in the County that he/she is prepared to receive at his/her office the installment of the real estate taxes from any tax payer charged therewith prior to December 121th of such year, without penalty. D. Nothing in this section shall be construed to prohibit the payment of the taxes levied in accordance with Section 6.1.1 by any taxpayer in one sum at any time, provided that any penalty and interest that may have accrued on the whole or any part thereof at the time of payment is provided in this section shall be paid therewith. E. This Ordinance shall be effective on January 1, 2007. F. Tangible Personal Property Tax Reporting Forms will be due in the Office of the Commissioner of Revenue by February 15th of each calendar year. 10.B.2.b Packet Pg. 140 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Page 2 of 8 (B.S.M. 12-19-06) (B.S.M. 05-02-05) (B.S.M. 01-17-06) (B.S.M. 10-17-06) (B.S.M. 05-20-08) (B.S.M. 04-06-09) (B.S.M. 02/20/2018) SEC. 9-48. AMOUNT OF FEE - PASSENGER MOTOR VEHICLES; TRUCKS; MOTORCYCLES; TRANSITIONAL PROVISIONS FOR 2007 LICENSE YEAR ONLY. A. On each and every passenger vehicle and truck there shall be an annual license fee established annually by the Board of Supervisorsof thirty-eight dollars and seventy-five cent ($38.75); and on each and every motorcycle, with or without a sidecar, a license fee established annually by the Board of Supervisorsof twenty-six dollars and seventy-five cents ($26.75). (4-5- 71, §3.) (3-21-89)( 4-6-09) B. The amount of the license fee imposed by Pittsylvania County under this article shall not be greater than the amount of the license fee imposed by the Commonwealth on said vehicle. C. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in recognition of the transition from the former April 15, 2007 expiration date for decals to the new June 5, 2007 due date for vehicle license fees, the vehicle license fee for the 2007 license year only is hereby reduced by thirty-three percent (33%) such that the fee shall be nineteen dollars and seventy-five cents ($19.75) on each and every passenger vehicle and truck, and is hereby reduced by a corresponding thirty-three percent (33%) on motorcycles and all other motor vehicles, trailers, semitrailers, etc., that are subject to the County license fee. This subsection shall automatically expire on or before December 31, 2007 and all annual County vehicle license fees for the 2008 license year and thereafter shall be imposed at the full amounts specified in the preceding subsections of this section and such fees shall be payable on or before June 10th 5th of each year, beginning June 5, 2007. For state law authority, see VA. CODE ANN. Section 46.2-752 (Repl. Vol. 2005). For state fees, see VA. CODE ANN. Section 46.2-694 (Repl. Vol. 2005), especially subdivisions 1 through 13 of A. SEC. 9-49. SAME - OTHER MOTOR VEHICLES, TRAILERS, SEMI-TRAILERS, ETC.; TRANSITIONAL PROVISIONS FOR 2007 LICENSE YEAR ONLY. A. On each trailer or semi-trailer (i) not designed and used for the transportation of passengers on the highways of the Commonwealth and (ii) having a registered gross weight of 80,001 pounds or above, (iii) not exempt from taxation as otherwise herein provided, there shall be a license fee established annually by the Board of Supervisorsof twenty-five dollars and fifty cents ($25.50). B. In the case of a combination of a truck or tractor truck and a trailer or semi-trailer, each vehicle constituting a part of such combination shall be licensed as a separate vehicle and a separate fee shall be assessed therefore. 10.B.2.b Packet Pg. 141 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Page 3 of 8 C. On each and every motor vehicle, trailer, or semi-trailer upon which well-drilling machinery is attached and which is permanently used solely for transporting such machinery, there shall be a license fee established annually by the Board of Supervisorsof fifteen ($15.00) dollars. D. On each and every motor vehicle, trailer, or semi-trailer owned and operated by a person, firm, or corporation used or intended to be used for transporting persons to and from school, Sunday school, or church or other place of divine worship, there shall be a license fee established annually by the Board of Supervisorsof thirty-eight dollars and seventy-five cents ($38.75). E. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in recognition of the transition from the former April 15, 2007 expiration date for decals to the new June 5, 2007 due date for vehicle license fees, the vehicle license fee for the 2007 license year only is hereby reduced by thirty-three percent (33%) such that the fee shall be nineteen dollars and seventy-five cents ($19.75) on each and every passenger vehicle and truck, and is hereby reduced by a corresponding thirty-three percent (33%) on motorcycles and all other motor vehicles, trailers, semitrailers, etc. that are subject to the County license fee. This subsection shall automatically expire on or before December 31, 2007 and all annual County vehicle license fees for the 2008 license year and thereafter shall be imposed at the full amounts specified in the preceding subsections of this section and such fees shall be payable on or before June 10th 5th of each year, beginning June 5, 2007. For state law authority, see VA. CODE ANN. §46.2-752 (Repl. Vol. 2005). See also VA. CODE ANN. §46.2-694 (Repl. Vol. 2005); VA. CODE ANN.§46.2-694.1 (Repl. Vol. 2005), and VA. CODE ANN. §46.2-700 (Repl. Vol. 2005), and VA. CODE ANN. §46.2-701 (Repl. Vol. 2005). Editor's note. Former VA. CODE ANN. §46.2-699, which had provided for a state registration fee of six dollars and fifty cents ($6.50) upon one (1)-or two (2)-wheeled trailers weighing no more than fifteen hundred (1,500) pounds and designed to be pulled by a passenger car, pickup or panel truck, was repealed in 1997. That Section was superseded by VA. CODE ANN. §46.2-694.1 (Repl. Vol. 2005), which prescribes such fees for trailers and semi-trailers not designed and used for transportation of passengers and sets fees according to weight category. Under such categories, a trailer of 1,500 pounds or less would be subject to a state registration fee of ten ($10.00) dollars per year, and a trailer of fifteen thousand five-hundred and one (1,501) pounds to four thousand (4,000) pounds would be subject to a state registration fee of $20.50 per year. The County is authorized to assess a County license fee equal to or lesser than the state fee. (B.S.M. 12-4-06) (B.S.M. 04-06-09). SEC. 9-50. SAME - EXEMPTIONS AND REDUCTIONS. A. The provisions of this article shall not be construed as to impose a license fee upon any motor vehicle, trailer or semi-trailer when: 1. A similar tax or license fee is imposed by another County, city or town wherein such motor vehicle, trailer or semi-trailer is normally garaged, stored or parked; 10.B.2.b Packet Pg. 142 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Page 4 of 8 2. The motor vehicle, trailer, or semi-trailer is owned by a nonresident of Pittsylvania County and is used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation other than that set forth in paragraph (3) of this subsection. 3. The motor vehicle, trailer, or semi-trailer is owned by a nonresident and is used for transporting into and within the County for sale in person or by his employees of wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by him, and not purchased by him for sale. 4. The motor vehicle, trailer, or semi-trailer is owned by an officer or employee of the Commonwealth of Virginia who is a nonresident of the County and who uses the vehicle in the performance of his duties for the Commonwealth under an agreement for such use; 5. The motor vehicle, trailer or semi-trailer is kept by a dealer or manufacturer for sale or for sales demonstration; 6. The motor vehicle, trailer, or semi-trailer is operated by a common carrier of persons or property operating between cities and towns in this Commonwealth and not in intra- city transportation or between cities and towns on the one hand and points and places without cities and towns on the other and not in intra-city transportation; 7. Any vehicle that is exempt under provisions of state law. B. No license fee shall be assessed by the County upon vehicles of owners who are residents of any town located in the County when such vehicles are already subject to town license taxes. C. Motor vehicles, trailers or semi-trailers owned by the Commonwealth, political subdivisions of the Commonwealth, and regional jail authorities created pursuant to VA. CODE ANN. Section 53.1-95.2 et seq. (Repl. Vol. 2005) and used solely for governmental purposes in accordance with the provisions of VA. CODE ANN. Section 46.2-750 (Repl. Vol. 2005) shall display license plates or decalcomania inscribed either "Official State Use Only" or "Official Local Government Use Only,” respectively, and shall be subject to a license fee equal to the cost incurred either by the Commonwealth or by the County, respectively, in the purchase or manufacture of such decalcomania, but which County fee shall, in no event, exceed the fee imposed by the State under VA. CODE ANN. Section 46.2-750 A. (Repl. Vol. 2005); such licensing requirements shall be subject to exceptions set forth in VA. CODE ANN. Section 46.2-750 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2- 750.1 (Repl. Vol. 2005). D. The fire-fighting trucks, trailers or semi-trailers on which firefighting apparatus is permanently attached, or other vehicles, when any such vehicle is owned or under exclusive control of a chartered volunteer fire department in this County shall be exempt from payment of the license fee imposed by this article, provided that such vehicles comply with all of the provisions of VA. CODE ANN. Section 46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-752A (Repl. Vol. 2005). 10.B.2.b Packet Pg. 143 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Page 5 of 8 E. Ambulances or other vehicles owned or used exclusively by chartered volunteer fire departments or volunteer lifesaving or first aid crews or rescue squads in the County, provided any such vehicle is used exclusively as an ambulance or lifesaving and first aid vehicle and is not rented, leased, or lent to any private individual, firm, or corporation, and no charge is made by the organization for the use of the vehicle, shall be exempt from payment of the license fee imposed by this article, provided that such vehicles comply with all of the provisions of VA. CODE ANN. Section 46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-752A (Repl. Vol. 2005). F. One (1) vehicle owned or leased and used personally in the performance of duties by each active member of the volunteer fire departments and volunteer emergency rescue squads who lives in the County outside of incorporated towns is exempt after proper certification as indicated in Sec. 9-47 of this Code. G. Daily rental vehicles as defined in VA. CODE ANN. Section 58.1-2401 (Repl. Vol. 2004), the rental of which are subject to the tax imposed by VA. CODE ANN. Section 58.1-2402 A 4 (Cum. Supp. 2005), shall be exempt from the payment of the license fee levied and imposed by this article. H. Passenger vehicles and pickup or panel trucks, as defined in VA. CODE ANN. Section 46.2-100 (Repl. Vol. 2005), owned and used personally by a member of the National Guard who has received special metal state license plates pursuant to VA. CODE ANN. Section 46.2-744 (Repl. Vol. 2005), shall be partially exempt from the payment of the license fee levied and imposed by this article to the extent of fifty percent (50%) of said fee, provided that such reduced County fee shall not exceed the reduced State tax or fee imposed under VA. CODE ANN. Section 46.2- 744 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-694 (Repl. Vol. 2005). And Disabled Veterans with special plates issued pursuant to Section 46.2-739 VA. CODE ANN. For state law authority for individual subsections, see as follows: (a)(1)--VA. CODE ANN. §46.2-752 H. (Repl. Vol. 2005) and VA. CODE ANN. §46.2-755 A.1. (Repl. Vol. 2005); (a)(2)- -VA. CODE ANN. §46.2-755 A.2. (Repl. Vol. 2005); (a)(3)--VA. CODE ANN. §46.2-755 A.3. (Repl. Vol. 2005); (a)(4)--VA. CODE ANN. §46.2-755 A.4. (Repl. Vol. 2005); (a)(5)--VA. CODE ANN. §46.2-755 A.5. (Repl. Vol. 2005); (a)(6)--VA. CODE ANN. §46.2-755 A.6. (Repl. Vol. 2005); (a)(7)--VA. CODE ANN. § 46.2-752 A. (Repl. Vol. 2005) and VA. CODE ANN. §46.2-694 (Repl. Vol. 2005); (b)--VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005); (c)--VA. CODE ANN. §46.2-750 A. (Repl. Vol. 2005); (d) and (e)--VA. CODE ANN. §46.2-649.1:1 (Repl. Vol. 2002) and VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005), but see also VA. CODE ANN. §46.2- 736 (Repl. Vol. 2005) and VA. CODE ANN. § 46.2- 735 (Repl. Vol. 2005); (f)--VA. CODE ANN. §46.2- 752 A.4. and 5. (Repl. Vol. 2005); (g)--VA. CODE ANN. §46.2- 755 C. (Repl. Vol. 2005); (h)--VA. CODE ANN. § 46.2-744 (Repl. Vol. 2005). SEC. 9-53. LICENSE YEAR. The license year with respect to which the fee required to be paid under this Article is assessed shall be January 1st through December 31st of each year. The fee assessed under this article shall be assessed to the owner of each motor vehicle as provided in this article for motor vehicles owned 10.B.2.b Packet Pg. 144 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Page 6 of 8 on January 1st of each year. The fee shall be payable on or before June 10th 5th of each year and with respect to any fees not paid at that time, there is hereby imposed a thirty ($30.00) dollars fee to reimburse the County of Pittsylvania for costs associated with administration of the Vehicle Registration Withholding Program with the Commonwealth of Virginia Department of Motor Vehicles (DMV) if a DMV stop order has been issued prior to payment. The fee herein assessed will be based upon ownership of vehicles on fee day, that is, January 1st of each year, and the period for which the license fee is effective shall be January 1st through December 31st of the next ensuing year. (B.S.M. 10-16- 12) (B.S.M. 5-20-14) For state law authority, see § 58.1-3958, Code of Virginia, 1950, as amended. SEC. 9-54. FAILURE TO PAY LICENSE FEE, PERSONAL PROPERTY TAX, ETC.; PENALTY. A. In the event that the license fee required by this Article is not paid, or if any personal property taxes, properly assessed against such vehicle, are not paid on or before June 10th 5 of each year, with respect to each owner or co-owner of any motor vehicle as to which the license fee has not been paid, or any personal property taxes have not been paid, the County Treasurer shall mail to the owner/co-owner by first class mail a Notice of Intent to request the Commonwealth of Virginia Department of Motor Vehicles under the Vehicle Registration Withholding Program to deny his or her registration renewal with respect to the vehicle which is subject to the license fee or personal property tax herein. In the event of payment of that vehicle license fee and/or delinquent personal property taxes, the County Treasurer shall provide to the vehicle owner/co- owner an approved numbered receipt that clearly indicates that the vehicle owner/co-owner has paid in full all outstanding local vehicle fees and delinquent taxes to the locality, together with the penalty, interests and administrative fee hereinabove set forth. B. It shall be unlawful for any owner of a motor vehicle, trailer, or semi-trailer to fail to pay the local license fee or personal property taxes assessed with respect to each motor vehicle, trailer or semitrailer after June 10th 5th of each year. C. A violation of this section shall constitute a Class 4 misdemeanor and shall be punished by a fine of two hundred fifty ($250.00) dollars. D. A violation of this section by the registered owner of the vehicle shall not be discharged by prepayment of a fine or by payment of a fine imposed by the court except upon presentation of satisfactory evidence that the required license has been obtained. For state law authority, see VA. CODE ANN. Section 46.2-752 G (Repl. Vol. 2005). See also VA. CODE ANN. Section 18.2-11 (Repl. Vol. 2004). SEC. 9-55. UNLICENSED MOTOR VEHICLE FEE - PURPOSE; FEE IMPOSED; AMOUNT; LICENSE YEAR; DUE DATE; TRANSITIONAL PROVISIONS FOR 2007 LICENSE YEAR. Formatted: Superscript Formatted: Superscript 10.B.2.b Packet Pg. 145 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Page 7 of 8 A. Recognizing that unlicensed motor vehicles are more likely to be junk vehicles than are licensed vehicles and that unlicensed motor vehicles are more likely to create safety, health, and aesthetic problems than are licensed vehicles, the Pittsylvania County Board of Supervisors, pursuant to the authority granted by VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003), does hereby impose an annual license fee established annually by the Board of Supervisors of thirty- eight dollars and seventy-five cents ($38.75) per motor vehicle on owners of motor vehicles located in Pittsylvania County which do not display current State license plates and which are not exempted from the requirements of displaying such license plates under the provisions of Section 9-55 of this Code or as specified in VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003). The license year with respect to which the fee required to be paid under this article is assessed shall be January 1 through December 31st of each year. The fee assessed under this article shall be assessed to the owner of each unlicensed motor vehicle as provided in this article for motor vehicles owned on January 1st of each year. (B.S.M. 04-06-09). B. The license fee imposed by this section shall be paid to the County Treasurer on or before June 10th 5th of each calendar year. C. Reserved. D. It shall be presumed that the owner of the motor vehicle is the person on whose land the motor vehicle is located unless otherwise shown and it shall be presumed that the motor vehicle has been parked, kept or garaged primarily in Pittsylvania County since January 1st of the year of enforcement unless otherwise shown. E. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding subsections, in order to adjust the amount of the unlicensed motor vehicle fee for the 2007 license year in recognition of the transition from the former April 15, 2007 expiration date for decals to the new June 5, 2007 due date for the unlicensed motor vehicle fees, the unlicensed motor vehicle fee for the 2007 license year only is hereby reduced by thirty-three percent (33%). This Subsection shall automatically expire on or before December 31, 2007 and the County unlicensed motor vehicle fees for the 2008 license year and thereafter shall be imposed at the full amount of twenty-nine dollars and fifty cents ($29.50) as specified in the preceding subsections of this section and such fees shall be payable on or before June 10th 5th of each year, beginning June 5, 2007. For state law authority, see VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003). SEC. 17-15. DUE DATE FOR SOLID WASTE DISPOSAL FEE. Unless collected by a public service corporation pursuant to § 17-14 supra, an invoice for said fee shall be included in the December tax assessment mailing. Payment of said fee shall be made to the Pittsylvania County Treasurer’s Office. For FY 2018/19, unless exempted by § 17-15 infra, households assessed the Solid Waste Disposal Fee shall pay the fee no later than the tenthtwentieth (10th 20th) day of December. For FY 2018/19 only, no late payment penalty and interest shall accrue on the Solid Waste Disposal Fee. For all Fiscal Years after FY 2018/19, unless exempted by § 17- 15 infra, the Solid Waste Disposal Fee shall be billed twice annually, and all households Formatted: Superscript Formatted: Superscript Formatted: Superscript 10.B.2.b Packet Pg. 146 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Page 8 of 8 assessed the fee shall pay the fee no later than the tenthtwentieth (10th 20th) of June and the tenthtwentieth (10th 20th) of December annually. The penalty for late payment shall be assessed on the day after the installment of the fee is due, exception for the Year 2020, in which the penalty shall commence on June 21st and December 21st for each due period. Payment for the full amount of the annual Solid Waste Disposal Fee shall be the responsibility of the owner of record of the household as of January 1st of the assessed property for the corresponding year. There shall be no proration of the Solid Waste Disposal Fee. Formatted: Superscript Formatted: Superscript Formatted: Superscript Formatted: Superscript 10.B.2.b Packet Pg. 147 Attachment: PCC Tax Date Code Changes (1924 : Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Solid Waste Fine Escalation System (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: February 18, 2020 Item Number: 10.B.3 Attachment(s): 02-18-2020 Public Hearing Notice - Solid Waste Fine Escalation System Solid Waste Penalties 2020 Reviewed By: SUMMARY: At the last Legislative Committee Meeting, County Staff presented the attached proposed revisions to Pittsylvania County Code (“PCC”) § 17-21(E) to provide for a fine escalation system for solid waste violations by violators that have more than one (1) solid waste violation within a twelve (12)-month period. The Legislative Committee unanimously recommended the attached proposed revisions to the full Board, and the full Board authorized County Staff to conduct a Public Hearing on the same. The Public Hearing has been legally and timely advertised. FINANCIAL IMPACT AND FUNDING SOURCE: Adoption of the proposed solid waste fine escalation system would generate additional revenues of an unknown amount for the County’s Solid Waste Fund. RECOMMENDATION: Following holding the legally required Public Hearing, County Staff recommends the Board adopt the proposed revisions to PCC § 17-21(E) as presented. MOTION: “I make a Motion to approve the proposed revisions to Pittsylvania County Code § 17-21(E) as presented.” 10.B.3 Packet Pg. 148 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, February 18, 2020, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on revisions to Pittsylvania County Code Section 17-21 relating to the potential inclusion of a Solid Waste Violation Fine Escalation System. The full text of the proposed revisions is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.3.a Packet Pg. 149 Attachment: 02-18-2020 Public Hearing Notice - Solid Waste Fine Escalation System (1931 : Public Hearing: Solid Waste Fine Escalation SEC. 17-21. VIOLATIONS OF CHAPTER/ARTICLE; PENALTIES. A. Each day of violation of each requirement of this Chapter or Article shall constitute a separate offense. B. Any person who violates any provision of this Chapter or Article shall be guilty of a Class 1 Misdemeanor, unless a different penalty is specified. C. Any person who knowingly makes any false statement, representation, or certification regarding the origin of any waste disposed of under this Chapter or Article, shall be guilty of a Class 1 Misdemeanor and shall be subject to suspension from the use of the County’s Landfill and any County Collection Centers for a period of time not to exceed one (1) year. D. The County shall be entitled to an award of reasonable attorney's fees and cost in any action brought under this Chapter or Article which it substantially prevails on the merits of the case, unless special circumstances would make an award unjust. E. Violations of Sections 17-3 and/or 17-20 of this Chapter or Article shall be punishable by a fine in the following amounts: 1. For a first violation within a twelve (12) month period, fifty dollars ($50.00), if paid within ten (10) days, or one hundred dollars ($100.00), if not paid within ten (10) days. 2. For a second violation within a twelve (12) month period, one hundred dollars ($100.00), if paid within ten (10) days, or two hundred dollars ($200.00), if not paid within ten (10) days. 3. For a third violation within a twelve (12) month period, two hundred dollars ($200.00), if paid within ten (10) days, or three hundred dollars ($300.00), if not paid within ten (10) days. 4. For a fourth violation within a twelve (12) month period, five hundred dollars ($500.00), if paid within ten (10) days, or six hundred dollars ($600.00), if not paid within ten (10) days. 5. For a fifth violation within a twelve (12) month period, one thousand dollars ($1,000.00), if paid within ten (10) days, or one thousand one hundred dollars ($1,100.00), if not paid within ten (10) days. F. The County’s Solid Waste Department shall prepare an appropriate ticket and ticket stub for use in enforcing the provisions of this Chapter or Article. Any Law Enforcement Officer, Treasurer’s Office employee, or County Staff member charged with enforcing this Chapter or Article shall issue to the offender a ticket. The ticket stub shall be turned in to the Pittsylvania County Treasurer’s Office. The ticket and stub shall have corresponding numbers. The ticket shall contain the following statement: NOTICE: You may pay this by appearing at the Pittsylvania County Treasurer’s Office, 11 Bank Street, Chatham, Virginia, 24531, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. If you prefer, you may mail the ticket and fine to the aforementioned Office. Checks should be payable to the Pittsylvania County Treasurer. If you fail to pay this ticket with ten (10) 10.B.3.b Packet Pg. 150 Attachment: Solid Waste Penalties 2020 (1931 : Public Hearing: Solid Waste Fine Escalation System) days, then further action will be taken which could result in you having to appear in court and paying additional costs. (1) In lieu of payment of the fine, such person may contest the ticket, by notifying the Pittsylvania County Treasurer and the Clerk of the General District Court of Pittsylvania County. (2) If the ticketed person does not pay the fine to the County’s Treasurer, the Treasurer shall notify such persons that he may pay the fine, plus a penalty in the sum of ten dollars ($10.00), within five (5) days of the receipt of the notice, at the Treasurer's Office. (3) If a person to whom the above Notice is provided/given is fails to pay the fine and penalty within the time prescribed in the Notice, the Treasurer shall notify the Officer who issued the original ticket and the Treasurer shall then cause to be issued a complaint, summons, or warrant for the delinquent ticket. The person in question may pay the fine to the Treasurer prior to the date he/she is to appear in court, provided he/she also pays necessary costs and the penalty. The Treasurer's receipt shall be conclusive evidence of such payment. 10.B.3.b Packet Pg. 151 Attachment: Solid Waste Penalties 2020 (1931 : Public Hearing: Solid Waste Fine Escalation System) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Silver Creek "No Through Trucks Restrictions" (Contact: Supervisor Scearce) Staff Contact(s): Supervisor Scearce Agenda Date: February 18, 2020 Item Number: 10.B.4 Attachment(s): 02-18-2020 Public Hearing Notice - Silver Creek Road No Through Trucks No through Trucks on Silver Creek Road Restrictions 2020-02-02 Silver Creek Road - No Through Trucks Reviewed By: SUMMARY: Supervisor Scearce has requested the County hold a Public Hearing for potential “No Through Truck Restrictions” on Silver Creek Road. Attached is Resolution # 2020-02-02 supporting the same. This Public Hearing was advertised as legally required in the Chatham Star Tribune on February 5, 2020, and February 12, 2020. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board hold the legally required Public Hearing, then adopt Resolution # 2020-02-02. MOTION: “I make a Motion to adopt Resolution # 2020-02-02 supporting potential “No Through Truck Restrictions” on Silver Creek Road.” 10.B.4 Packet Pg. 152 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, February 18, 2020, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on potential Through Truck Restrictions on Silver Creek Road. The proposed Restrictions are as follows: Rt. 868 (Silver Creek Road) from Rt. 869 (Stony Mill Road) to Rt. 844 (Mt. Cross Road); (1.72 miles total distance). The proposed alternate route has the same termini as the Restriction. Directions for the alternate route are as follows: from the Rt. 869/Rt. 868 intersection, take Rt. 869 North to Rt. 844, then go East on Rt. 844 to Rt. 844/Rt. 868 intersection (2.5 miles total distance). The full text of the proposed revisions is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.4.a Packet Pg. 153 Attachment: 02-18-2020 Public Hearing Notice - Silver Creek Road No Through Trucks (1932 : Public Hearing: Silver Creek No Through Trucks No through Trucks on Silver Creek Road Restrictions • restriction: Rt. 868 (Silver Creek Rd) from Rt. 869 (Stony Mill Rd.) to Rt. 844 (Mt. Cross Rd.), a distance of 1.72 miles • termini: Rt. 869 / Rt. 868 intersection and Rt. 844 / Rt. 868 intersection • alternate route: from Rt 869 / Rt 868 intersection take Rt. 869 north to Rt. 844. East on Rt. 844 to Rt. 844 / Rt. 868 intersection, a distance of 2.5 miles 10.B.4.b Packet Pg. 154 Attachment: No through Trucks on Silver Creek Road Restrictions (1932 : Public Hearing: Silver Creek No Through Trucks Restriction PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-02-02 NO THROUGH TRUCKS – SILVER CREEK ROAD __________________________________________________________________________________________ WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Tuesday, February 18, 2020, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, numerous citizens have complained to the Board about heavy truck traffic on Silver Creek Road; and WHEREAS, the citizens requested that the Board consider “No Thru Truck” signs on this road to improve the safety and welfare of the community, protect the children and school buses on the road, and reduce the potential of serious accidents on this secondary road; and WHEREAS, the Board held a public hearing on Tuesday, February 18, 2020, to receive citizen input on the consideration of “No Thru Trucks” on Route 868 (Silver Creek Road from Rt. 869 (Stony Mill Road) to Rt. 844 (Mt. Cross Road); (1.72 miles total distance); and WHEREAS, said Public Hearings was held in accordance with Section 46.2-809 of the Code of Virginia, 1950, as amended, and received the required citizen input and has recommended an alternate to the Commonwealth of Virginia; and BE IT HEREBY RESOLVED, that the Board requests the Virginia Department of Transportation (“VDOT”) to place truck restrictions and “No Thru Truck” traffic signs on each end of Route 868 (Silver Creek Road) and from Rt. 869 (Stony Mill Road) to Rt. 844 (Mt. Cross Road); (1.72 miles total distance) in Pittsylvania County with an Alternate route as follows: from the Rt. 869/Rt. 868 intersection, take Rt. 869 North to Rt. 844, then go East on Rt. 844 to Rt. 844/Rt. 868 intersection (2.5 miles total distance). The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination, except a pickup truck or panel truck; and NOW, THEREFORE, BE IT RESOLVED, that a copy of this Resolution be forwarded to VDOT’s Lynchburg District Office. Given under my hand this 18th day of February, 2020. __________________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors ________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 10.B.4.c Packet Pg. 155 Attachment: 2020-02-02 Silver Creek Road - No Through Trucks (1932 : Public Hearing: Silver Creek No Through Trucks Restriction (Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Walkway of Honor Donation Request (Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: February 18, 2020 Item Number: 11.a Attachment(s): Walkway of Honor Sponsorship Initiative Reviewed By: SUMMARY: Joyce E. French attended the Board’s January Business Meeting and presented a donation request for the Walkway of Honor that recognizes Southside Virginia War Veterans. FINANCIAL IMPACT AND FUNDING SOURCE: There is no budgeted amount currently available for this donation. If the Board chooses to approve this request, funds will have to be identified and appropriated. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. MOTION: For the Board’s consideration. 11.a Packet Pg. 156 Walkway of Honor Sponsorship Initiative Virginia War Memorial Purpose: To gain recognition for Southside Virginia and her veterans by sponsoring the Walkway of Honor at the Virginia War Memorial Benefits: • A stone marker will be installed at the entrance of the Walkway that identifies the sponsorship of Southside Virginia • Placement of Southside Virginia memorial bricks at the forefront of the walkway, with Sections I, II, and III being reserved as a part of this sponsorship Initiative Costs: • $100,000 is required to secure Southside Virginia’s Sponsorship for the Walkway of Honor • Make Tax Deductible Checks Payable to The Virginia War Memorial Foundation, a 501(c) (3) organization: mail to Joyce French, 7250 Old Cox Road, Chase City, VA 23924 • Organizers of this initiative will market the initial sale of Southside memorial bricks as part of its fundraising efforts --------------------------------------------------------------------------------------------------------------------- Pledge of Support _____ Pledge of $5,000 (includes 4 bricks) _____ Pledge of $2,500 (includes 2 brick) _____ Pledge of $1.000 (includes 1 brick) _____ Pledge of $500 _____ Pledge of $250 _____ Other $___________________ Signature Phone Number “The citizens of Southside Virginia answered the call to arms in World War II to ensure the freedoms we enjoy today – let’s take this opportunity to come together to ensure their memory will have a lasting place in their State’s War Memorial.” (Conceptual Design of Walkway Entrance Marker) 11.a.a Packet Pg. 157 Attachment: Walkway of Honor Sponsorship Initiative (1922 : Walkway of Honor Donation Request (Contact: Supervisor Farmer)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: CPMT Alternate Appointment (M. Dawson); (Staff Contact: Cheryl J. Boswell) Staff Contact(s): Cheryl J. Boswell Agenda Date: February 18, 2020 Item Number: 13.a Attachment(s): Letter to Cheryl Boswell CPMT re Alternate Member Endorsement 28 Jan 2020 Reviewed By: SUMMARY: Donald Motley was Sheriff Taylor’s CPMT alternate. Since Mr. Motley retired, Sheriff Taylor desires for First Sergeant Matthew Dawson to be appointed as his CPMT alternate for an unexpired term ending on June 30, 2020. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board appoint Mr. Dawson as Sheriff Taylor’s CPMT alternate. MOTION: “I make a Motion to appoint First Sergeant Matthew Dawson as Sheriff Taylor’s CPMT alternate.” 13.a Packet Pg. 158 13.a.a Packet Pg. 159 Attachment: Letter to Cheryl Boswell CPMT re Alternate Member Endorsement 28 Jan 2020 (1923 : CPMT Alternate Appointment (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Westover District Planning Commission (H.F. Haymore, Jr.); (Contact: Supervisor Scearce) Staff Contact(s): Supervisor Scearce Agenda Date: February 18, 2020 Item Number: 13.b Attachment(s): Reviewed By: SUMMARY: H.F. Haymore, Jr., currently serves as the Westover District Representative on the County’s Planning Commission. His term is set to expire on March 23, 2020, and he is eligible for another four (4)-year term. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Supervisor Scearce recommends the re-appointment of Haymore as the Westover District Representative on the County’s Planning Commission for another four (4)-year term. MOTION: “I make a Motion to re-appoint H.F. Haymore, Jr., as the Westover District Representative for the County’s Planning Commission for another four (4)-year term.” 13.b Packet Pg. 160