05-19-2020 Business Meeting Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, May 19, 2020 – 7:00 PM
Gallery Room - Chatham Community Center
115 South Main 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 (Staff Contact: Kaylyn M. McCluster)
b. Resolution # 2020-05-01 (VDOT Rural Rustic Roads Designation); (Staff Contact:
Kaylyn M. McCluster)
c. Board Bylaws Section 1.6 (Board Benefits) Approval (Staff Contact: Kaylyn M.
McCluster)
d. Resolution # 2020-05-02 (Establishing Priorities for Future Adjustments Related to
COVID-19 Impacts); (Staff Contact: Kaylyn M. McCluster)
e. Bays Landfill Disposal Contract Approval (Staff Contact: Richard N. Hicks)
f. Intent to Abandon VDOT Right-Of-Way/Length Corrections (Staff Contact: Richard
N. Hicks)
g. Resolution # 2020-05-03 (Cascade Fire Department Upgrade to Transport Agency)
Approval (Staff Contact: Christopher C. Slemp)
h. Resolution # 2020-05-04 (Mount Cross Fire Department Step Down to First
Responder) Approval (Staff Contact: Christopher C. Slemp)
Business Meeting - May 19, 2020
i. Transmittal of Support for Potential EMS Certification Standards Reduction to Fire
and Rescue Commission for Board Recommendation Authorization (Staff Contact:
Christopher C. Slemp)
j. Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC
Revision Public Hearing Authorization (Staff Contact: J. Vaden Hunt, Esq.)
k. Sheriff Memorandum of Agreement Approval (Staff Contact: Holly E. Stanfield)
l. Budget Amendments: (1) Pet Center; (2) WIA-WIOA Rapid Response-COVID 19
Grant; and (3) Solid Waste Enterprise Fund (Staff Contact: Kimberly G. Van Der
Hyde)
m. PCSA Auditing Services Amendment Approval (Staff Contact: Kimberly G. Van
Der Hyde)
n. Sheriff COVID-10 Grant Submission Authority (Staff Contact: Sheriff Mike W.
Taylor)
o. Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization
(Staff Contact: Emily S. Ragsdale)
p. PCCA Gun Garland Road Grant MOU Approval (Staff Contact: Emily S. Ragsdale)
8. PRESENTATIONS
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
Business Meeting - May 19, 2020
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.
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: Courthouse Security Fee Increase (Staff Contact: Kimberly G. Van
Der Hyde)
2. Public Hearing: Elimination of Fire Hydrant Fee (Staff Contact: Richard N. Hicks)
3. Public Hearing: County Landfill Right-of-Way and Easement Property Disposition
(Staff Contact: Richard N. Hicks)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a. BB&T Franchise Tax Refund Approval (Staff Contact: Robin C. Goard)
b. Potential Communication Urging Governor Northam to Reopen County Businesses
Discussion (Contact: Supervisor Scearce)
c. Resolution #2020-05-05: Cool Branch Tax Exempt Financing Utilization Approval
(Staff Contact: Christopher C. Slemp)
13. APPOINTMENTS
a. Appointment: CPMT (Staff Contact: Cheryl J. Boswell)
b. Appointment: Dan River ASAP Board (Staff Contact: Kaylyn M. McCluster)
c. Appointment: MPO (Staff Contact: Kaylyn M. McCluster)
14. MATTERS FROM WORK SESSION (IF ANY)
15. BOARD MEMBER REPORTS
Business Meeting - May 19, 2020
16. COUNTY ADMINISTRATOR REPORTS
17. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Minutes (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 19, 2020 Item Number: 7.a
Attachment(s): 04-21-2020 Work Session Minutes - DRAFT
04-21-2020 Business Meeting Minutes - DRAFT
Reviewed By:
7.a
Packet Pg. 5
April 21, 2020
Work Session
Pittsylvania County Board of Supervisors
Work Session
April 21, 2020
VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was
held on April 21, 2020, in the Gallery Room of the Chatham Community Center, 115 South
Main Street, Chatham, Virginia 24503. Robert (“Bob”) W. Warren, Chairman, 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 "Bob" W. Warren Chairman - Chatham Blairs District Present 4:20 PM
Ronald S. Scearce Vice-Chairman - Westover District Present 4:20 PM
Joe B. Davis Supervisor - Dan River District Present 4:20 PM
Timothy W. Dudley Supervisor - Staunton River District Present 4:20 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 4:20 PM
William "Vic" Ingram Supervisor - Tunstall District Present 4:20 PM
Charles H. Miller, Jr. Supervisor - Banister District Late 4:34 PM
AGENDA ITEMS TO BE ADDED
APPROVAL OF AGENDA
Motion to Approve Agenda.
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
ABSENT: Miller
PRESENTATIONS
a. Reassessment Presentations (Staff Contact: David M. Smitherman); (50 minutes)
Mr. Cole, of Brightminds, LLC, gave a Reassessment Presentation to the Board. Mr. Scearce
asked when they are out, if they notify the property owner. Mr. Cole said they would run it in
the newspaper and be in contact with the County Administrator. Mr. Farmer asked about the
UAV's, and how they would handle citizens being upset that they are over their properties on the
drones. Mr. Cole said they would handle it the same way as they would if they were on the
ground.
Don Thomas, Wingate and Associates, LTD, was also present to give a Reassessment
Presentation. Mr. Thomas stated they would be willing to negotiate their price and even waive
the photography fee.
7.a.a
Packet Pg. 6 Attachment: 04-21-2020 Work Session Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Work Session
b. Potential Tax Anticipation Note Resolution Discussion (Staff Contact: Kimberly G.
Van Der Hyde); (10 minutes)
Mrs. Van Der Hyde stated she is closely monitoring revenues and expenditures and what will
need to be done as a result of the COVI-19 Pandemic. She has talked with financial advisors and
they proposed working with First Citizens Bank to see if they are open to working with a line of
credit.
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
Mr. Smitherman stated there will be a Finance Committee Meeting possibly the second week of
May.
BUSINESS MEETING DISCUSSION ITEMS
CLOSED SESSION
a. Discussion of the award of a public contract involving the expenditure of public funds,
including interviews of bidders or offerors, and discussion of the terms or scope of such
contract, where discussion in an open session would adversely affect the bargaining
position or negotiating strategy of the public body. (Staff Contact: David M.
Smitherman)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(29)
Subject Matter: Reassessment
Purpose: Reassessment Contract Award Discussion
b. Discussion concerning a prospective business or industry or the expansion of an existing
business or industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the community. (Staff
Contact: Matthew D. Rowe)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Ten and Emotion
Purpose: Update on/Discussion on the Expansion of an Existing
Business
c. 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.
(Staff Contact: David M. Smitherman)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: County Administrator and County Attorney
Purpose: Discussion of County Administrator and County Attorney
7.a.a
Packet Pg. 7 Attachment: 04-21-2020 Work Session Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Work Session
Employment Agreements
d. Consultation with legal counsel employed or retained by a public body regarding specific
legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J.
Vaden Hunt, Esq.)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Personnel Complaint Letter
Purpose: Consultation with Legal Counsel/Provision of Legal
Advice
Motion to enter Closed Session. The Board entered Closed Session at 5:28 PM.
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
RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
a. Closed Session Certification (Staff Contact: J. Vaden Hunt, Esq.)
The Board returned to Open Session at 6:55 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors
(the “Board”) on April 21, 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 Board Member believes that there was a departure from the requirements of the
Act, he shall so state prior to the vote indicating the substance of the departure. The Statement
shall be recorded in the Board's Minutes.
Vote
Joe B. Davis Yes
Timothy W. Dudley Yes
Ben L. Farmer Yes
William “Vic” Ingram Yes
Charles H. Miller, Jr. Yes
Ronald S. Scearce Yes
Robert W. “Bob” Warren Yes
7.a.a
Packet Pg. 8 Attachment: 04-21-2020 Work Session Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Work Session
ADJOURNMENT
Mr. Warren adjourned the Meeting at 6:56 PM.
7.a.a
Packet Pg. 9 Attachment: 04-21-2020 Work Session Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
April 21, 2020
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
April 21, 2020
VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was
held on April 21, 2020, in the Gallery Room of the Chatham Community Center, 115 South
Main Street, Chatham, Virginia 24531. Chairman, Chatham Blairs District, Robert "Bob" W.
Warren, 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 6:29 PM
Ronald S. Scearce Vice-Chairman - Westover District Present 6:30 PM
Joe B. Davis Supervisor - Dan River District Present 6:30 PM
Timothy W. Dudley Supervisor - Staunton River District Present 6:31 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 6:30 PM
William "Vic" Ingram Supervisor - Tunstall District Present 6:33 PM
Charles H. Miller Supervisor - Banister District Present 6:30 PM
AGENDA ITEMS TO BE ADDED
Motion to add the following items to the Consent Agenda:
1. Add revised Resolution #2020-04-04 (Annual Leave Maximum Carryover
Approval);
2. Add EMS Job descriptions approval as item 7(u); and
3. Delete item 7(w).
Items to add from Matters from Closed Session:
1. 14(a) Project TEN Local Performance Agreement Approval;
2. 14(b ) Reassessment Services;
3. 14(c) Approval of County Administrators Employment Agreement; and
4. 14(d) Approval of County Attorneys Employment Agreement.
Item to add as Closed Session:
Consultation with legal counsel employed or retained by a public body regarding specific legal
matters requiring the provision of legal advice by such counsel.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Personnel Complaint Letter
Purpose: Consultation with Legal Counsel/Provision of Legal Advice
7.a.b
Packet Pg. 10 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Charles H. Miller, Supervisor - Banister District
SECONDER: Joe B. Davis, Supervisor - Dan River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
Motion to Approve the Agenda.
RESULT: ADOPTED [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
CONSENT AGENDA
Motion to approve Consent Agenda.
RESULT: ADOPTED [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
a. Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. Proclamation: National Service Recognition Day (Staff Contact: Kaylyn M. McCluster)
c. Proclamation: National Law Day (Staff Contact: Kaylyn M. McCluster)
d. Proclamation: National Teacher Appreciation Week (Staff Contact: Kaylyn M. McCluster)
e. Proclamation: National Police Week (Staff Contact: Kaylyn M. McCluster)
f. Proclamation: Foster Care Awareness Month (Staff Contact: Kaylyn M. McCluster)
g. Jefferson Subdivision Vacation Authorization (Staff Contact: Karen N. Hayes)
h. Resolution # 2020-04-03: Mount Hermon Fire and Rescue Tax-Exempt Financing
Utilization Approval (Staff Contact: Christopher C. Slemp)
i. Proclamation: National Public Safety Telecommunicators Week (Staff Contact: Kaylyn M.
McCluster)
j. DRT Contract Amendment Approval (Staff Contact: Christopher C. Slemp)
k. Fire and Rescue Commission Resolution #2020-04-01 Approval Ratification and County
Administrator Authorization to Offer Conditional Employment to Selected DRT Employees
for Potential Future County EMS Employment (Staff Contact: Christopher C. Slemp)
7.a.b
Packet Pg. 11 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
l. Intent to Abandon VDOT Right-of-Way at Old Blairs Middle School Declaration (Staff
Contact: Richard N. Hicks)
m. Altavista/Hurt Waste Hauling Commercial Hauler Contract Approval (Staff Contact:
Richard N. Hicks)
n. Contract Execution Approvals for: (1) Financial Advisory Services; (2) Auditing Services
(Staff Contact: Connie M. Gibson)
o. Generator Preventive Maintenance and Repairs (Staff Contact: Connie M. Gibson)
p. Authorization to Sell Rescue 1 Vehicle (Staff Contact: Christopher C. Slemp)
q. Solid Waste Enterprise Fund Appropriation (Requires 10-day Holdover); (Staff Contact:
Kimberly G. Van Der Hyde)
r. Budget Amendments: (1) WIA Grant and (2) Awards and Certificates Carry Over Funds
(Staff Contact: Kimberly G. Van Der Hyde)
s. Resolution # 2020-04-04: Annual Leave Maximum Carryover Extension Approval (Staff
Contact: Holly E. Stanfield)
t. Sheriff Medical Billing Compliance Analyst Job Description Approval (Staff Contact:
Holly E. Stanfield)
u. Proclamation: National Animal Control Appreciation Week (Staff Contact: James P.
McLaughlin)
v. EMS Job Description Approval (Staff Contact: Christopher C. Slemp)
ITEMS REMOVED FROM CONSENT AGENDA
w. BB&T Repayment Authorization (Staff Contact: Robin Goard)
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
PRESENTATIONS
None.
HEARING OF THE CITIZENS
Alan Casper, Callands-Gretna District, represented Gretna Fire and Rescue. He spoke in his
capacity as Deputy Chief, Gretna Fire and Rescue, and spoke on the disservice being done to his
Department. He stated Gretna was answering only answering 31% of their calls. On July 1,
7.a.b
Packet Pg. 12 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
2019, a merger with Gretna Rescue occurred, and increased their call coverage to 90% to rescue
and 100% on fire. Chad Hogan, Callands-Gretna District, spoke on behalf of Gretna Fire and
Rescue and stated his concern of lack of communication and the lack of funding. He requested
clear communication between all for Fire and EMS. Benjamin Meeks, Callands-Gretna District,
spoke on behalf of Gretna Fire and Rescue stating that they are the busiest Fire and Rescue
agency in the County. He also stated his concerns for the needs of Fire and Rescue and wants all
agencies to be treated fairly.
Mr. Warren thanked the Fire and Rescue volunteers for their service, but also stated that he
wanted to correct a statement regarding the funds being frozen for Capital needs. That is a rumor
and things will be discussed at the coming Finance Committee Meetings regarding the impacts of
COVID-19 and funds coming from the State level.
Scottie Adams, Callands-Gretna District, spoke on behalf of Cool Branch Fire and requested to
be on Consent for Tax Relief. He stated they need to have the approval tonight for the money to
be approved for their truck that has already been approved at the bank.
PUBLIC HEARINGS
Rezoning Public Hearings
Case 1: Public Hearing: Rezoning Case R-20-005; Ricky and Debra Dillion; Chatham-
Blairs Election District, R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Contact: Chairman Warren)
Mr. Warren opened the Public Hearing at 7:41 PM. No one signed up to speak. Mr. Dillon was
present to represent the Petition. Mr. Warren closed the Public Hearing at 7:41 PM.
Motion to rezone .603 of an acre from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to combine with their adjacent parcel of land zoned A-1).
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: William "Vic" Ingram, Supervisor - Tunstall District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 2: Public Hearing: Rezoning Case R-20-006; RE Blue Ridge, LLC; Banister,
Callands-Gretna & Tunstall Election Districts, R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District (Supervisors Warren, Miller, and Ingram)
Mr. Warren opened the Public Hearing at 7:44 PM. Adam Peterson was present to represent the
Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:44 PM.
7.a.b
Packet Pg. 13 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
Motion to rezone a total of 132.56 acres, eight (8) parcels of land, from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District (for a solar energy facility, which
will also require a Special Use Permit).
RESULT: APPROVED [UNANIMOUS]
MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District
SECONDER: William "Vic" Ingram, Supervisor - Tunstall District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 3: Public Hearing: Rezoning Case R-20-007; Amos Wilson; Tunstall Election
District; A-1, Agricultural District, to R-1, Residential Suburban Subdivision District
(Contact: Supervisor Ingram)
Mr. Warren opened the Public Hearing at 7:46 PM. Mr. Wilson was present to represent the
Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:46 PM.
Motion to rezone .398 of an acre from A-1, Agricultural District, to R-1, Residential Suburban
Subdivision District (to be combined with his adjacent parcel of land zoned R-1).
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
Case 4: Public Hearing: Rezoning Case R-20-008; Ralph & Dolores Rosenbaum, Staunton
River Election District, R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Contact: Supervisor Dudley)
Mr. Warren opened the Public Hearing at 7:47 PM. Mr. Rosenbaum was present to represent the
Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:47 PM.
Motion to rezone a total of 15.01 acres, three (3) parcels of land, from R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District (for agricultural uses).
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy W. Dudley, Supervisor - Staunton River District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 5: Public Hearing: Rezoning Case R-20-009; Kimberly Wade; Staunton River
Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (Contact: Supervisor Dudley)
7.a.b
Packet Pg. 14 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
Mr. Warren opened the Public Hearing at 7:49 PM. Ms. Wade was present to represent the
Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:49 PM.
Motion to rezone a total of 10.09 acres, two (2) parcels of land, from R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District (for agricultural uses).
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy W. Dudley, Supervisor - Staunton River District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 6: Public Hearing: Rezoning Case R-20-010; Douglas Rogers; Staunton River
Election District; R-1, Residential Suburban Subdivision District; to A-1, Agricultural
District (Contact: Supervisor Dudley)
Mr. Warren opened the Public Hearing at 7:52 PM. Mr. Rogers was present to represent the
Petition. Mr. Rogers stated that the zoning office was very helpful and professional while
helping him through this process. No one signed up to speak and Mr. Warren closed the Public
Hearing at 7:52 PM.
Motion to rezone a total of 82.96 acres, twelve (12) parcels of land, from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses).
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy W. Dudley, Supervisor - Staunton River District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Other Public Hearings
1. Public Hearing: Revisions to PCC § 35-50 (Staff Contact: J. Vaden Hunt, Esq.)
Pittsylvania County Code (“PCC”) § 35-50, currently provides exemptions to the County’s
Zoning Ordinance for various structures and uses. The proposed revision to PCC § 35- 50, seeks
to add the following additional exemption: “5. Interstate natural gas transmission pipelines,
compressor stations, metering stations, and related facilities certified by the Federal Energy
Regulatory Commission under the Natural Gas Act.” This exemption affects related industries
that have previously complied with an intensive and comprehensive federal vetting, notice,
public comment, and review process. This proposed PCC revision has been duly and legally
advertised and noticed.
Mr. Warren opened the Public Hearing at 7:55 PM. No one signed up to speak and Mr. Warren
7.a.b
Packet Pg. 15 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
closed the Public Hearing at 7:55 PM.
Motion to approve the revision to Pittsylvania County Code § 35-50 as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
2. Public Hearing: Disposition of Publicly Owned Property/Building to PCCA (Staff
Contact: Richard N. Hicks)
At the Board’s March Business Meeting, County Staff made the Board aware of a significant
plumbing issue at the County-owned building at 348 North Main Street, Chatham, Virginia
24531 (“Property”). The Property is currently being leased by the Pittsylvania County
Community Action, Inc. (“PCCA”). For your reference and review, a copy of the current Lease
is attached. The Board instructed County Staff to schedule a Public Hearing at its April Business
Meeting to consider the transfer of ownership of the Property to the PCCA. The Property being
considered includes the following: two (2) parcels consisting of the building and land (GPIN #’s
2426-04-8699 and 2426-04-9763). In accordance with Virginia Code § 15.2-1800(B), the Public
Hearing has been duly and legally advertised.
Mr. Warren opened the Public Hearing at 7:57 PM. No one signed up to speak and Mr. Warren
closed the Public Hearing at 7:57 PM.
Motion to transfer ownership of the Property as presented to the PCCA and authorize the County
Attorney to prepare all necessary legal transfer documents.
RESULT: APPROVED [UNANIMOUS]
MOVER: Charles H. Miller, Supervisor - Banister District
SECONDER: William "Vic" Ingram, Supervisor - Tunstall District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
UNFINISHED BUSINESS
None.
NEW BUSINESS
None.
7.a.b
Packet Pg. 16 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
APPOINTMENTS
None.
MATTERS FROM WORK SESSION (IF ANY)
a. Project TEN Local Performance Agreement Approval
Mr. Warren announced that Ennis Inc will be expanding and will have 15 new jobs in the
County.
Motion to approve the Ennis Local Performance Agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
b. Reassessment Services
Motion to authorize County Staff to begin negotiations with the County’s reassessment services
with Brightmind’s LLC., and if successful during said negotiations, to execute a contract, related
thereto up to $1M.
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
c. Approval of County Administrator's Employment Agreement
Motion to approve the County Administrator’s Employment Agreement as presented.
RESULT: APPROVED [6 TO 0]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Ingram, Miller
ABSTAIN: Farmer
d. Approval of County Attorney's Employment Agreement
Motion to approve the County Attorney’s Employment Agreement as presented.
7.a.b
Packet Pg. 17 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: William "Vic" Ingram, Supervisor - Tunstall District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
BOARD MEMBER REPORTS
Mr. Dudley stated they started a feeding program for the children in Hurt. He introduced Gary
Hodnett, Town of Hurt Mayor, and Shirley Barksdale-Hill, Vice-Mayor. Mr. Ingram stated that
he has been on the Danville-Pittsylvania Cancer Board and Brynlee Stevenson is a survivor and
they are holding a drive-by parade tomorrow for her birthday. He also thanked and
acknowledged telecommunicators for their hard work and dedication as the true first responders.
He also thanked the Fire and Rescue volunteers. Mr. Farmer stated all four (4) speakers during
the Hearing of the Citizens were from his District. He spoke with all gentleman before the
meeting and also spoke with Mr. Slemp regarding development of a formula to fairly distribute
the Fire and Rescue money. Mr. Warren thanked the Sheriff his hard work and the program he is
doing to care for the elderly within the County. He also thanked County Staff for their continued
work during the COVID-19 Pandemic.
COUNTY ADMINISTRATOR REPORTS
Mr. Smitherman stated employees are working from home and taking a lot of appointments by
phone. He has plans to begin working with the Executive Team on Thursday for four (4) hours
to determine what happens after COVID-19. Sunday closures at Convenience Centers is to
allow catch-up time for employees, and they anticipate the trash load will probably slow down
after Spring cleaning is done.
CLOSED SESSION
Consultation with legal counsel employed or retained by a public body regarding specific legal
matters requiring the provision of legal advice by such counsel.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Personnel Complaint Letter
Purpose: Consultation with Legal Counsel/Provision of Legal Advice
Motion to enter Closed Session. The Board entered Closed Session at 8:25 PM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Charles H. Miller, Supervisor - Banister District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
7.a.b
Packet Pg. 18 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
The Board returned to Open Session at 9:55 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors
(the “Board”) on April 21, 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 Board Member believes that there was a departure from the requirements of the
Act, he shall so state prior to the vote indicating the substance of the departure. The Statement
shall be recorded in the Board's Minutes.
Vote
Joe B. Davis Yes
Timothy W. Dudley Yes
Ben L. Farmer Yes
William “Vic” Ingram Yes
Charles H. Miller, Jr. Yes
Ronald S. Scearce Yes
Robert W. “Bob” Warren Yes
ADJOURNMENT
Mr. Warren adjourned the Meeting at 9:56 PM.
7.a.b
Packet Pg. 19 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
April 21, 2020
Business Meeting
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Board of Supervisors
April 21, 2020
Business Meeting
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Board of Supervisors
April 21, 2020
Business Meeting
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Board of Supervisors
April 21, 2020
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Board of Supervisors
April 21, 2020
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Board of Supervisors
April 21, 2020
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Board of Supervisors
April 21, 2020
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Board of Supervisors
April 21, 2020
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Board of Supervisors
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Board of Supervisors
April 21, 2020
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Packet Pg. 34 Attachment: 04-21-2020 Business Meeting Minutes - DRAFT (2016 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2020-05-01 (VDOT Rural Rustic Roads Designation); (Staff
Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 19, 2020 Item Number: 7.b
Attachment(s): 2020-05-01 Rural Rustics
Reviewed By:
SUMMARY:
Virginia Code § 33.1-70.1 permits the hard surfacing of certain unpaved roads that qualify for
designation as a Rural Rustic Road. For your reference and review, attached is Resolution #
2020-05-01 that lists numerous County roads that the Virginia Department of Transportation
recommends the Board declare as Rural Rustic; thereby, enabling them to potentially qualify for
future paving/hard surfacing Rural Rustic Road Funds.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve Resolution # 2020-05-01 declaring the mentioned
Routes as a Rural Rustic Roads.
MOTION:
“I make a Motion to approve Resolution # 2020-05-01 as presented.”
7.b
Packet Pg. 35
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2020-05-01
_____________________________________________________________________________
RURAL RUSTIC ROADS DESIGNATION
VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday,
May 19, 2020, in the Gallery Room of the Chatham Community Center, the following Resolution was presented
and adopted:
WHEREAS, §33.2-332, Code of Virginia, 1950, as amended, permits the hard surfacing of certain
unpaved roads deemed to qualify for designation as a Rural Rustic Road; and
WHEREAS, any such road must be located in a low-density development area and have no more than
1,500 vehicles per day; and
WHEREAS, the Pittsylvania County Board of Supervisors (“Board”) desires to consider whether the
following Routes should be designated a Rural Rustic Road:
• Rt. 618 (Farmers Road) from Rt. 606 to Rt. 640;
• Rt. 738 (Bailess Drive) from Rt. 640 to dead end;
• Rt. 1062 (Church Lane) from Rt. 659 to dead end;
• Rt. 656 (Wiles Road) from Rt. 713 to dead end;
• Rt. 609 (Brights Road) from 0.03 miles north of Rt. 757 to dead end;
• Rt. 607 (Robertson Road) from Rt. 668 to 0.5 miles south of Rt. 668;
• Rt. 995 (Happy Lane) from Rt. 903 to dead end;
• Rt. 698 (Stone Raod) from Rt. 57 to Rt. 640;
• Rt. 644 (Cooksburg Road) from Rt. 750 to 0.9 miles east of Rt. 750;
• Rt. 605 (Toshes Road) from Rt. 40 to Rt. 799;
• Rt. 605 (Toshes Road) from Rt. 778 to Rt. 772;
• Rt. 707 (Cox's Store Road) from Rt. 640 to Rt. 706;
• Rt. 886 (Gandy Road) from Rt. 687 to Rt. 649;
• Rt. 621 (Ed Hardy Road) from Rt. 875 to Rt. 862;
• Rt. 669 (Melon Road) from Rt. 603 to Halifax County line;
• Rt. 602 (Moons Road) from 0.56 miles south of Rt. 668 to Rt. 628;
• Rt. 793 (Cherrystone Lake Road) from Rt. 57 to Rt. 605;
• Rt. 774 (Darby Road) from Rt. 40 to Rt. 605;
• Rt. 601 (Hubbard Road) from Rt. 602 to 1.4 miles north of Rt. 602;
• Rt. 638 (Roark Mill Road) from Rt. 641 to 0.65 miles west of Rt. 641;
• Rt. 889 (Olivers Lane) from Rt. 713 to dead end;
• Rt. 741 (Friendly Drive) from north intersection of Rt. 782 to southern intersection of Rt. 782;
• Rt. 750 (Oxford Road) from 1 mile north of western intersection with Rt. 785 to 1.1 miles west
of eastern intersection with Rt. 785; and
• Rt. 924 (Pocket Road) from 0.43 miles east of Rt. 638 to dead end; and
WHEREAS, the Board is unaware of pending development that will significantly affect the existing
traffic on these roads; and
7.b.a
Packet Pg. 36 Attachment: 2020-05-01 Rural Rustics (2021 : Resolution # 2020-05-01 (VDOT Rural Rustic Roads Designation) (Staff Contact: Kaylyn M.
WHEREAS, the Board believes that these roads should be so designated due to their qualifying
characteristics; and
WHEREAS, these roads are in the Board’s Six (6)-Year Plan for improvements to the secondary system
of state highways.
NOW, THEREFORE, BE IT RESOLVED, the Board requests that these roads be hard surfaced and,
to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as
possible the adjacent trees, vegetation, side slopes, and rural rustic character along the roads in their current state;
and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia
Department of Transportation Residency Administrator.
Given under my hand this 19th day of May, 2020.
Recorded Vote: A Copy Teste:
Moved By: _____________
Seconded By: _____________ Signed: _______________________
Yeas: _____________ Printed Name: David M. Smitherman
Nays: _____________ Title: Clerk
7.b.a
Packet Pg. 37 Attachment: 2020-05-01 Rural Rustics (2021 : Resolution # 2020-05-01 (VDOT Rural Rustic Roads Designation) (Staff Contact: Kaylyn M.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Board Bylaws Section 1.6 (Board Benefits) Approval (Staff Contact:
Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 19, 2020 Item Number: 7.c
Attachment(s): BOS Bylaws Benefits Edits 2020
Reviewed By:
SUMMARY:
At its Meeting on May 12, 2020, the Board’s Finance Committee unanimously recommended to
the full Board the adoption of the attached revisions to Board Bylaw Section 1.6 (Board
Benefits). This potential revision has been properly noticed as required by Board Bylaw Section
7.1 (Amendments and Adoptions).
FINANANCIAL IMPACT AND FUNDING SOURCE:
Unknown at this time. Likely will reduce total Board travel reimbursement expenses.
RECOMMENDATION:
County Staff recommends the Board approve the revisions to Board Bylaws Section 1.6 (Board
Benefits) as presented.
MOTION:
“I make a Motion approving the revisions to Board Bylaws Section 1.6 (Benefits) as presented.”
7.c
Packet Pg. 38
1.6. Board Benefits. Board benefits shall be governed by governed by §§ 15.2-1414.2 and/or
15.2-1414.3, Code of Virginia, 1950, as amended. Board benefits shall include all applicable
fringe benefits available to other County employees, including health and dental insurance. Upon
receipt of an itemized report by the Deputy Clerk, Board Members shall be reimbursed up to
$350.00 monthly for in-County travel while performing official duties related to their office.
Board Members shall not receive dedicated internet service at their residence. Upon County
separation, Per the County’s County-Owned Equipment Upon Separation from Employment
Policy, Board Members shall be able to purchase their assigned return all County-owned electronic
devices for fair market value. property in their possession upon County separation.
7.c.a
Packet Pg. 39 Attachment: BOS Bylaws Benefits Edits 2020 (2031 : BOS Bylaws Section 1.6 (Board Benefits) Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2020-05-02 (Establishing Priorities for Future Adjustments
Related to COVID-19 Impacts); (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 19, 2020 Item Number: 7.d
Attachment(s): 2020-05-02 Establishing Priorities
Reviewed By:
SUMMARY:
At its Meeting on May 12, 2020, the Board’s Finance Committee unanimously recommended to
the full Board the adoption of Resolution # 2020-05-02 (Establishing Priorities for Future
Adjustments Related to COVID-19 Impacts), attached.
FINANANCIAL IMPACT AND FUNDING SOURCE:
Unknown currently. Likely will reduce total County expenses and promote orderly adjustments
to the County’s FY21 Budget due to COVID-19 unforeseen impacts.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2020-05-02 (Establishing Priorities for
Future Adjustments Related to COVID-19 Impacts) as presented.
MOTION:
“I make a Motion adopting Resolution # 2020-05-02 (Establishing Priorities for Future
Adjustments Related to COVID-19 Impacts) as presented.”
7.d
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION #2020-05-02
_____________________________________________________________________________
ESTABLISHING PRIORITIES FOR FUTURE ADJUSTMENTS RELATED TO COVID-19 IMPACTS
VIRGINIA: At the Pittsylvania County Board of Supervisors Business Meeting on Tuesday, May 19,
2020, the following Resolution was presented and adopted:
WHEREAS, the COVID-19 Pandemic will negatively impact both the Commonwealth of Virginia and
the Pittsylvania County, Virginia’s (“County”) FY21 Budgets; and
WHEREAS, considering the related COVID-19 Pandemic financial unknowns and uncertainties facing
the County; and
NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors
(“Board”) establishes the following COVID-19 Pandemic related financial imperatives:
• The Board encourages all County citizens to buy local and pledges that the County will continue
to make buying local a priority;
• All capital funds are frozen until further notice;
• All new positions are frozen until further notice;
• All out-of-County travel is frozen until further notice, subject to County Administrator’s approval;
• All hiring of non-essential positions is frozen until further notice, subject to County
Administrator’s approval
• The County Administrator will direct County Staff to propose departmental operational cost
reductions;
• The County Administrator will direct County Staff to seek County Landfill revenue opportunities;
• Propose cost accounting to reimburse the General Fund for expenses allocated to supported funds;
and
• If there is a reduction of State funds, there will be a corresponding reduction of associated services
(e.g., no unfunded mandates).
Given under my hand this 19th day of May, 2020.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.d.a
Packet Pg. 41 Attachment: 2020-05-02 Establishing Priorities (2030 : Resolution # 2020-05-02 (Establishing Priorities for Future Adjustments Related to
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Bays Landfill Disposal Contract Approval (Staff Contact: Richard N.
Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 19, 2020 Item Number: 7.e
Attachment(s): Draft Bays Contract
Reviewed By:
SUMMARY:
In the Fall of 2019, the Board approved a trial period of accepting solid waste from Bays Trash
Removal, Inc. (“Bays”). This solid waste originates in Bedford County, Virginia. Bays began
bringing solid waste to the landfill on or about January 1, 2020. The arrangement has worked
well for both Bays and the County. The rate during this trial period was at $31/ton. County
Staff has been negotiating with Bays for a long-term contract for this solid waste. County Staff
is recommending a five (5)- year contract with Bays at a cost of $30/ton (the “Bays Contract”).
The estimate tonnage under this contract would be 15,000 tons per year, which would generate
an additional $450,000/year for the County. For your review and consideration, a copy of the
proposed Bays Contract is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
The Bays Contract would generate an additional $450,000 per year for the County’s Landfill
Fund.
RECOMMENDATION:
County Staff recommends the Board authorize the County Administrator’s execution of the
attached Bays Contract as presented.
MOTION:
“I make a Motion authorizing the County Administrator’s execution of the attached Bays
Contract as presented.”
7.e
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Page 1 of 4
CONTRACT FOR MUNICIPAL SOLID WASTE DELIVERY AND
DISPOSAL BETWEEN BAYS TRASH REMOVAL, INC., AND THE
COUNTY OF PITTSYLVANIA, VIRGINIA
This Contract for Municipal Solid Waste (“MSW”) Delivery and Disposal between Bays
Trash Removal, Inc. (“Bays”), and the County of Pittsylvania, Virginia (“Pittsylvania”), a political
subdivision of the Commonwealth of Virginia, is made and effective upon the last date of
execution by the Parties contained below.
WITNESSTH
1. PURPOSE. The purpose of this Contract is to formally create mutually beneficial
guidelines allowing MSW generated from the Town of Bedford, Virginia (“Bedford”), to be
delivered and disposed at the Pittsylvania Dry Fork Landfill, Permit #571 (“Landfill”).
2. BACKGROUND. Bedford has limited permitted and constructed landfill
capacity, with the projection of new capacity being unavailable for at least five (5) years. The
County of Bedford, Virginia, anticipates the preparation of a financial evaluation soon to determine
long-term solid waste management plans. Due to this shortage of landfill space, Bedford is seeking
another landfill to dispose of its waste and is currently using Bays as its preferred hauler.
Pittsylvania has significant permitted and constructed landfill capacity and is interested in
increasing MSW tonnage to lower the per ton costs of operating and developing the Landfill.
3. AUTHORIZED MSW FROM GENERATORS. Per guidelines below,
Pittsylvania accepts for disposal MSW originating directly from Bedford and/or Bays.
4. TRANSPORTATION. During this Contract’s Term(s), all MSW disposal
transportation arrangements and costs/fees shall be borne by Bays.
5. LANDFILL OPERATING PROCEDURES. As Pittsylvania is the Landfill
permitee, all Landfill Operating Procedures preside solely under Pittsylvania’s authority and
management discretion.
6. ACCOUNTS AND BILLING. Prior to delivering MSW to the Landfill, Bays’
accounts must be approved and be maintained in good standing per Pittsylvania administrative
procedures. Bays will receive monthly invoices with applicable tonnage fee transaction
documentation. Bays’ accounts may be revoked at any time for non-payment of tipping fees, or
other noncompliance concerning Landfill Operating Procedures.
7. TIPPING FEES. Pittsylvania retains sole authority for the establishment and
periodic adjustment of tipping fees but will make reasonable effort to provide Bays a minimum
ninety (90)-day written, advance notice. The tipping fee as of the Start of Operations is THIRTY
DOLLARS ($30.00) PER TON.
8. MSW/OTHER WASTE ACCEPTANCE AND MANAGEMENT. After
approval of Bays’ account, MSW may be delivered to the Landfill per Pittsylvania Operating
7.e.a
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Procedures to facilitate recycling, disposal, operating efficiency, and regulatory compliance. A
Bays’ request to dispose of special wastes (such as sludge, other industrial waste, or difficult to
handle waste), requires lab test submission, other requested documentation, and written approval
from Pittsylvania prior to delivery.
9. LANDFILL MANAGEMENT. Pittsylvania retains sole authority and
responsibility for landfill operations, expansion, and other management decisions. Bays will
comply with Pittsylvania management direction concerning weather impacts, equipment and
personnel, MSW handling, and related regulations.
10. REGULATORY COMPLIANCE. Pittsylvania and Bays shall make all
reasonable efforts to maintain regulatory compliance.
11. TONNAGE LIMITS. Bays’ MSW tonnage deliveries to Pittsylvania are
projected to be around 15,000 tons per year. Both parties will make reasonable efforts to provide
a minimum one-hundred and eight (180)-days advance, written notice before making significant
MSW tonnage adjustments under this Contract that might reasonably impact the other party.
12. START OF OPERATIONS. Bays started delivering MSW to the Landfill on or
around January 1, 2020, under a trial basis as approved by the Pittsylvania County Board of
Supervisors. Execution of this Contract by both parties will be the formal start date of this contract.
13. CONTRACT TERM(S). This Contract’s term, effective upon its execution by
both parties, is five (5) years. This Contract may be terminated by either party with one-hundred
and eighty (180) day advanced, written notice. Subsequent terms may be added with the written,
concurrence of both parties.
14. DEFAULT. In addition to any and all other rights a Party may have available
according to law, if a Party defaults by failing to substantially perform any provision, term, or
condition of this Contract (including without limitation the failure to make a monetary payment
when due), the other Party may terminate the Contract by providing written notice to the defaulting
Party. This notice shall describe with enough detail the nature of the default. The Party receiving
such notice shall have thirty (30) days from the effective date of such notice to cure the default(s).
Unless waived in writing by a party providing notice, the failure to cure the default(s) within such
time period shall result in the automatic termination of this Contract.
15. FORCE MAJURE. If performance of this Contract or any obligation under this
Contract is prevented, restricted, or interfered with by causes beyond either Party's reasonable
control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party
prompt written notice of such event, then the obligations of the Party invoking this provision shall
be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm, or other similar occurrence, orders, or
acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or
strikes, lockouts, or work stoppages. The excused Party shall use reasonable efforts under the
circumstances to avoid or remove such causes of non-performance and shall proceed to perform
with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall
7.e.a
Packet Pg. 44 Attachment: Draft Bays Contract (2019 : Bays Landfill Disposal Contract Approval (Staff Contact: Richard N. Hicks))
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be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party,
or its employees, officers, agents, or affiliates.
16. VENUE. The legal venue for any litigation arising out of this Contract shall be the
appropriate Court in the County of Pittsylvania, Virginia.
17. ENTIRE AGREEMENT. This Contract contains the entire agreement of the
Parties, and there are no other promises or conditions in any other agreement/contract, whether
oral or written, concerning the subject matter of this Contract. This Contract supersedes any prior
written or oral agreements/contracts between the Parties.
18. SURVIVAL CLAUSE. If any provision of this Contract is held to be invalid or
unenforceable for any reason, its remaining provisions will continue to be valid and enforceable.
If a Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision will be deemed to be
written, construed, and enforced as so limited.
19. AMENDMENT. This Contract may be modified or amended in writing by mutual
agreement of the Parties, if the writing is signed by the Party obligated under the amendment.
20. CHOICE OF LAW. This Contract shall be construed in accordance with the laws
of the Commonwealth of Virginia.
21. NOTICES. Any notice or communication required or permitted under this
Contract shall be sufficiently given if delivered in person or by certified mail, return receipt
requested, to the address set forth below, or to such other address as one (1) Party may have
furnished to the other in writing.
Pittsylvania County Administration Office Bays Trash Removal, Inc.
1 Center Street 122 East Main Street
P. O. Box 423 Suite 202
Chatham, Virginia 24531 Bedford, Virginia 24523
22. WAIVER. The failure of either Party to enforce any provision of this Contract
shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and
compel strict compliance with every provision of this Contract.
23. LEGAL FEES. In any action arising hereunder, or any separate action pertaining
to the validity of this Contract, each Party shall its own attorneys’ fees, litigation fees, or other
legal expenses.
24. RULE OF CONSTRUCTION. The rule requiring construction or interpretation
against the drafter is waived. The Contract shall be deemed as if it were drafted by both Parties in
a mutual effort.
25. ASSIGNMENT. No assignment of Bays’ rights under this Contract shall be made
without Pittsylvania’s prior written consent. Moreover, this Contract shall inure to the benefit of,
and shall bind the heirs, successors, and assigns (if allowed) of the Parties.
7.e.a
Packet Pg. 45 Attachment: Draft Bays Contract (2019 : Bays Landfill Disposal Contract Approval (Staff Contact: Richard N. Hicks))
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26. INSURANCE REQUIREMENT. At all times, Bays shall have appropriate
insurance, at appropriate levels, on its equipment used during this Contract.
27. LIABILITIES. Bays agrees to indemnify and save harmless Pittsylvania, its
officers, agents, employees, and volunteers from any and all losses, expenses, costs and claims,
including, but not limited to, costs of investigation, all reasonable attorneys’ fees (whether or not
litigation results), and the cost of any appeal, occurring or arising in connection Bays, its agents’,
subcontractors’, employees’, or volunteers’ negligence or wrongful acts or omissions in
connection with its performance of this Contract. Nothing contained in this Contract shall be
deemed to be a waiver of Pittsylvania’s sovereign immunity.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed
intending to be bound thereby.
COUNTY OF PITTSYLVANIA, VIRGINIA
By: ____________________________
Title: __________________________
Date: __________________________
APPROVED AS TO FORM:
By: ____________________________
Title: ___________________________
Date: __________________________
BAYS TRASH REMOVAL, INC.
By: ____________________________
Title: __________________________
Date: __________________________
7.e.a
Packet Pg. 46 Attachment: Draft Bays Contract (2019 : Bays Landfill Disposal Contract Approval (Staff Contact: Richard N. Hicks))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Intent to Abandon VDOT Right-Of-Way/Length Corrections (Staff
Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 19, 2020 Item Number: 7.f
Attachment(s): VDOT Road Distance Changes
Reviewed By:
SUMMARY:
County Staff was recently contacted by the Virginia Department of Transportation (“VDOT”)
regarding three (3) roads within Pittsylvania County, Virginia (“County”), where the actual
length of the road does not match the official length on VDOT records. VDOT is requesting that
the Board consider abandoning a small portion of reach road to make sure the records are
accurate. The roads for the proposed abandonment are as follows: (1) Rt. 916, .20 miles to be
abandoned; (2) Rt. 684 (Jay Bird Lane), .10 miles to be abandoned; and (3) Rt. 755 (Mercury
Road), .21 miles to be abandoned. County Staff has determined that no public necessity exists
for the continuation of the public right-of-ways on the properties. Accordingly, County Staff is
requesting that the Board determine that no public necessity exists for the properties and
authorize it to send a Notice of Intent to Abandon the same to the VDOT Commissioners, post
notice of same for a thirty (30) day period, and run newspaper ads as required by Virginia Code
§ 33.2-909. If during said posting period no objections are received, County Staff will submit a
Resolution at the Board’s June Business Meeting for potential Board adoption. If any objections
are received, a request for a Public Hearing will be submitted at the Board’s June Business
Meeting. For your review and consideration, a description of the proposed changes are attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommend the Board approve the attached Notice of Intent to Abandon and
authorize County Staff to send a Notice of Intent to Abandon regarding the same to the VDOT
Commissioner, post notice of same for thirty (30) day period, and run newspaper ads as required
by Virginia Code §33.2-909.
MOTION:
“I make a Motion to determine that no public necessity exists for the above mentioned properties
and do hereby authorize the County Staff to send a Notice of Intent to Abandon regarding the
same to the VDOT Commissioner, post notice of same for thirty (30) day period, and run
7.f
Packet Pg. 47
newspaper ads as required by Virginia Code § 33.2-909.”
7.f
Packet Pg. 48
7.f.aPacket Pg. 49Attachment: VDOT Road Distance Changes (2020 : Intent to Abandon VDOT Right-Of-Way/Length Corrections)
7.f.aPacket Pg. 50Attachment: VDOT Road Distance Changes (2020 : Intent to Abandon VDOT Right-Of-Way/Length Corrections)
7.f.aPacket Pg. 51Attachment: VDOT Road Distance Changes (2020 : Intent to Abandon VDOT Right-Of-Way/Length Corrections)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2020-05-03 (Cascade Fire Department Upgrade to Transport
Agency) Approval (Staff Contact: Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: May 19, 2020 Item Number: 7.g
Attachment(s): 2020-05-03 Cascade
Reviewed By:
SUMMARY:
Cascade Volunteer Fire Department (“Cascade”) has seen great improvement in its service to the
community over the past twelve (12) months. Cascade is also an EMS first responder agency.
Cascade appeared before the Fire and Rescue Commission (“Commission”) on April 28, 2020,
and formally requested it be supported to move up to a transport agency to better serve the
Cascade community. Cascade is also in the process of purchasing a used ambulance from Mount
Cross, which is dropping back from a transport agency to a first responder agency. Dr. Boro, the
Operational Medical Director for most of the County, is also in full support of this upgrade, if
Cascade continues to maintain the high level of call coverage it has been providing. The
Commission, by formal vote, supported this upgrade as well. The earliest this will occur is June
1, 2020. Resolution # 2020-05-03, attached, is needed from the Board to allow Cascade to apply
for a transport agency license from the VA Office of EMS.
FINANCIAL IMPACT AND FUNDING SOURCE:
This will have no additional financial impact to the County’s Budget. Adjustments will be made
for Mount Cross down grading to first responder and Cascade moving up to a transport agency
but will not require more funding to the line item. The County has no budgeted money for this
change.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2020-05-03 presented.
MOTION:
“I make a Motion to adopt Resolution # 2020-05-03 as presented.”
7.g
Packet Pg. 52
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2020-05-03
_____________________________________________________________________________
CASCADE VOLUNTEER FIRE DEPARTMENT
VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday,
May 19, 2020, in the Gallery Room of the Chatham Community Center, the following Resolution was presented
and adopted:
WHEREAS, the Board desires to ensure County-wide Emergency Medical Services (“EMS”); and
WHEREAS, in furtherance of said goal, Cascade Volunteer Fire Department (“Cascade”) desires to
pursue an EMS license through the Virginia Office of EMS up to the level of Advanced Life Support Transport
(“ALS”), with the ability to bill for services within a time frame that has not yet been established; and
WHEREAS, the Board acknowledges the compelling need for both non-ground and ground transport at
the Basic Life Support (“BLS”) and ALS levels to serve the County; and
WHEREAS, by enabling the formation and operation of an EMS non-ground and ground transport at the
BLS and ALS levels, capability can be established and can be operational immediately; and
WHEREAS, the Board’s Fire and Rescue Commission formally recommends Cascade’s attempt to
change its EMS status.
NOW, THEREFORE, BE IT RESOLVED, that the Board, via adoption of this Resolution, supports
Cascade pursuit of an EMS license through the Virginia Office of EMS up to the level of ALS, with the ability to
bill for services;
NOW, BE IT FURTHER RESOLVED, the Board recognizes that the operation of an EMS with both
non-ground transport and ground transport at the BLS and ALS levels will enhance the County’s EMS levels and
further protect County citizens.
Given under my hand this 19th day of May, 2020.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.g.a
Packet Pg. 53 Attachment: 2020-05-03 Cascade (2013 : Resolution # 2020-05-03 (Cascade Fire Department Upgrade to Transport Agency) Approval)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2020-05-04 (Mount Cross Fire Department Step Down to
First Responder) Approval (Staff Contact: Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: May 19, 2020 Item Number: 7.h
Attachment(s): 2020-05-04 Mount Cross
Reviewed By:
SUMMARY:
Recently, Mount Cross Fire and Rescue Department (“Mt. Cross”) decided to begin the process
to step back to a first responder agency. Mt. Cross has had issues covering EMS transport calls
and has determined that this status change will be in the best interests of County citizens and
their Department. Dr. Boro, the Operational Medical Director for most of the County, and the
County’s Fire and Rescue Commission also support Mt. Cross’s status change. To transition to a
first responder license, Mt. Cross needs the Board to adopt Resolution # 2020-05-04, attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve Resolution # 2020-05-04 as presented.”
MOTION:
“I make a Motion to approve Resolution # 2020-05-04 as presented.”
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Packet Pg. 54
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2020-05-04
_____________________________________________________________________________
RESOLUTION IN SUPPORT OF MOUNT CROSS VOLUNTEER FIRE AND RESCUE
DEPARTMENT STEPPING DOWN TO EMS FIRST RESPONDER
VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday,
May 19, 2020, in the Gallery Room of the Chatham Community Center, the following Resolution was presented
and adopted:
WHEREAS, the Board wishes to ensure County-wide Emergency Medical Services (“EMS”); and
WHEREAS, Mount Cross Volunteer Fire and Rescue Department (“Mount Cross”) desires to pursue
stepping down to an EMS First Responder license through the Virginia Office of EMS, up to the level of
Advanced Life Support (“ALS”) as may be needed, and
WHEREAS, the Board acknowledges the compelling need for both non-ground and ground transport at
the BLS and ALS levels to serve the County; and
WHEREAS, by enabling the formation and operation of an EMS non-transport agency at the Basic Life
Support (“BLS”) and ALS levels, capability can be established and can be operational immediately; and
WHEREAS, the Board’s Fire and Rescue Commission formally recommends Mount Cross’ attempt to
change its EMS status.
NOW, THEREFORE, BE IT RESOLVED, that the Board, via the adoption of this Resolution, supports
Mount Cross’ stepping down to an EMS First Responder license through the Virginia Office of EMS; and
NOW, BE IT FURTHER RESOLVED, that the Board recognizes that Mount Cross’ operation as an
EMS, with first responder capability at the BLS and ALS levels, will greatly benefit the County’s EMS needs and
further protect County citizens.
Given under my hand this 19th day of May, 2020.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.h.a
Packet Pg. 55 Attachment: 2020-05-04 Mount Cross (2014 : Resolution # 2020-05-04 (Mount Cross Fire Department Step Down to First Responder) Approval)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Transmittal of Support for Potential EMS Certification Standards
Reduction to Fire and Rescue Commission for Board Recommendation
Authorization (Staff Contact: Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: May 19, 2020 Item Number: 7.i
Attachment(s):
Reviewed By:
SUMMARY:
At its Meeting on May 12, 2020, the Legislative Committee unanimously recommended to the
full Board to authorize County Staff to transmit the support for potential EMS certification
standards reduction/relaxation in rural areas issue to the County’s Fire and Rescue Commission
for a recommendation to the Board.
FINANANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board authorize it to transmit the support for potential EMS
certification standards reduction/relaxation in rural areas issue to the County’s Fire and Rescue
Commission for a recommendation to the Board.
MOTION:
“I make a Motion authorizing County Staff’s transmittal of the support for potential EMS
certification standards reduction/relaxation in rural areas issue to the County’s Fire and Rescue
Commission for a recommendation to the Board.”
7.i
Packet Pg. 56
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Potential Forest Harvesting Equipment Personal Property Tax Exemption
PCC Revision Public Hearing Authorization (Staff Contact: J. Vaden
Hunt, Esq.)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: May 19, 2020 Item Number: 7.j
Attachment(s): Tax Exemptions Revised for Trees
HB 1021 Forest
Reviewed By:
SUMMARY:
The Virginia General Assembly recently passed HB 1021, attached, effective July 1, 2020,
giving local governments the discretion to exempt from local personal property taxation “farm
machinery and farm implements …, which shall include equipment and machinery used for
forest harvesting and silvicultural activities.” At the Board’s Legislative Committee (“LC”)
Meeting on May 12, 2020, the LC unanimously recommended to the full Board that it authorize
County Staff to advertise the attached potential revisions to Pittsylvania County Code § 6-3.1,
Local County Tax Exemption, exempting from local personal property taxation “equipment and
machinery used for forest harvesting and silvicultural activities.”
FINANANCIAL IMPACT AND FUNDING SOURCE:
Cost of Public Hearing advertisement. If the PCC revision is adopted, the exact total loss of tax
revenue unknown at this time, but expected to be annually approximately $60,000.
RECOMMENDATION:
County Staff recommends the Board authorize County Staff to advertise the required Public
Hearing to potentially revise PCC § 6-3.1 as presented.”
MOTION:
“I make a Motion authorizing County Staff to advertise the required Public Hearing to
potentially revise PCC § 6-3.1 as presented.”
7.j
Packet Pg. 57
PITTSYLVANIA COUNTY CODE
SEC. 6-3.1. LOCAL COUNTY TAX EXEMPTION.
BE IT ORDAINED BY THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
PURSUANT TO SECTIONS 58-441.6 (g, l) AND 58-441-49.3 OF THE CODE OF VIRGINIA,
that the Code of Pittsylvania County, Section 6-3 is hereby, amended to include Section 6-3.1 as
follows:
A. Effective December 1, 1981 and thereafter, artificial or propane gas, firewood, coal, or
heating oil used for domestic consumption is hereby exempt from the one percent (1 %) local sales
and use tax, pursuant to Sections 58-441.6 (g, l) and 58-441-49.3 of the Code of Virginia, as
amended. For the purpose of this ordinance domestic consumption shall mean the use of artificial
or propane gas, firewood, coal, or heating oil by an individual purchaser for other than business,
commercial, or industrial use as defined by the State Office of Taxation. This amendment is to
take effect December 1, 1981 and thereafter until changed by a duly authorized ordinance. Adopted
by the Board of Supervisors this 20th day of October, 1981. This ordinance was amended by the
Board of Supervisors on November 19, 2002, July 5, 1971, and October 15, 2019.
B. BE IT ORDAINED that the below list of items be exempt from local personal property
taxation:
(1) Horses, mules, and other kindred animals,
(2) Cattle
(3) Sheep and goats
(4) Hogs
(5) Poultry
(6) Grains and other feeds used or the nurture of farm animals.
(7) Grain: tobacco: wine produced by farm wineries as defined in § 4.1-100, Code
of Virginia, 1950, as amended, and other agricultural products, as defined in § 3.2-6400, Code of
Virginia, 1950 as amended, in the hands of a producer.
(8) Farm machinery other than the farm machinery described in subdivision 10, and
farm implements, which shall include (i) equipment and machinery used by farm wineries as
defined in § 4.1-100, Code of Virginia, 1950 as amended, in the production of wine: (ii) equipment
and machinery used by a nursey as defined in § 3.2-3800, Code of Virginia, 1950, as amended, for
the production of horticultural products; and (iii) any farm tractor as defined in § 46.2-100, Code
of Virginia, 1950, as amended, regardless of whether such farm tractor is used exclusively for
agricultural purposes.
7.j.a
Packet Pg. 58 Attachment: Tax Exemptions Revised for Trees (2033 : Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC Revision
(9) Equipment used by farmers or farm cooperatives qualifying under § 521 of the
internal Revenue Code to manufacture industrial ethanol, provided that the materials from which
the ethanol is derived consist primarily of farm products.
(10) Farm machinery designed solely for the planting, production, or harvesting of
a single product or commodity.
(11) Farm machinery and farm implements, other than the farm machinery and
farm implements described in subsections 8 and 10 above, which shall include equipment and
machinery used for forest harvesting and silvicultural activities.
C. Household Goods Exempt from Taxation
All household goods and personal effects as defined in Code of Virginia, § 58.1-3504,
1950, as amended, are hereby exempt from taxation, beginning on and after January 1, 2014.
1. Notwithstanding any provision of Code of Virginia, § 58.1-3503, 1950, as amended,
household goods and personal effects are hereby defined as separate items of taxation and
classified as follows:
A. Bicycles.
B. Household and kitchen furniture, including gold and silver plates, plated ware,
watches and clocks, sewing machines, refrigerators, automatic refrigerating machinery of any type,
vacuum cleaners and all other household machinery, books, firearms and weapons of all kinds.
C. Pianos, organs, and all other musical instruments; phonographs, record players,
and records to be used therewith; and radio and television instruments and equipment.
D. Oil paintings, pictures, statuary, curios, articles of virtue and works of art.
E. Diamonds, cameos or other precious stones and all precious metals used as
ornaments or jewelry.
F. Sporting and photographic equipment.
G. Clothing and objects of apparel.
H. Antique motor vehicles as defined in Code of Virginia, § 46.2-100, Code of
Virginia, 1950, as amended, which may not be used for general transportation purposes.
I. All-terrain vehicles, mopeds, and off-road motorcycles as defined in Code of
Virginia, § 46.2-100, 1950, as amended.
7.j.a
Packet Pg. 59 Attachment: Tax Exemptions Revised for Trees (2033 : Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC Revision
J. Electronic communications and processing devices and equipment, including but
not limited to cell phones and tablet and personal computers, including peripheral equipment such
as printers.
K. All other tangible personal property used by an individual or a family or
household incident to maintaining an abode.
The classification above set forth shall apply only to such property owned and used
by an individual or by a family or household primarily incident to maintaining an abode.
2. Notwithstanding any provision set forth above, household appliances in residential rental
property used by an individual or by a family or household incident to maintaining an abode shall
be deemed to be fixtures and shall be assessed as part of the real property in which they are located.
For purposes of this subsection, "household appliances" shall mean all major
appliances customarily used in a residential home and which are the property of the owner of the
real estate, including, without limitation, refrigerators, stoves, ranges, microwave ovens,
dishwashers, trash compactors, clothes dryers, garbage disposals and air conditioning units.
(B.S.M. 9/16/14); (B.S.M. 10/15/2019)
7.j.a
Packet Pg. 60 Attachment: Tax Exemptions Revised for Trees (2033 : Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC Revision
2020 SESSION
CHAPTER 251
An Act to amend and reenact §§ 58.1-3505 and 58.1-3506 of the Code of Virginia, relating to personal property tax;
forest harvesting machinery and equipment.
[H 1021]
Approved March 10, 2020
Be it enacted by the General Assembly of Virginia:
1. That §§ 58.1-3505 and 58.1-3506 of the Code of Virginia are amended and reenacted as follows:
§ 58.1-3505. Classification of farm animals, certain grains, agricultural products, farm machinery, farm implements
and equipment; governing body may exempt.
A. Farm animals, grains and other feeds used for the nurture of farm animals, agricultural products as defined in
§ 3.2-6400, farm machinery and farm implements are hereby defined as separate items of taxation and classified as
follows:
1. Horses, mules and other kindred animals.
2. Cattle.
3. Sheep and goats.
4. Hogs.
5. Poultry.
6. Grains and other feeds used for the nurture of farm animals.
7. Grain; tobacco; wine produced by farm wineries as defined in § 4.1-100 and other agricultural products in the
hands of a producer.
8. Farm machinery other than the farm machinery described in subdivision 10, and farm implements, which shall
include (i) equipment and machinery used by farm wineries as defined in § 4.1-100 in the production of wine; (ii)
equipment and machinery used by a nursery as defined in § 3.2-3800 for the production of horticultural products; and
(iii) any farm tractor as defined in § 46.2-100, regardless of whether such farm tractor is used exclusively for
agricultural purposes.
9. Equipment used by farmers or farm cooperatives qualifying under § 521 of the Internal Revenue Code to
manufacture industrial ethanol, provided that the materials from which the ethanol is derived consist primarily of farm
products.
10. Farm machinery designed solely for the planting, production or harvesting of a single product or commodity.
7.j.b
Packet Pg. 61 Attachment: HB 1021 Forest (2033 : Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC Revision Public Hearing Au)
11. Privately owned trailers as defined in § 46.2-100 that are primarily used by farmers in their farming operations for
the transportation of farm animals or other farm products as enumerated in subdivisions A 1 through A 7 of this
section.
12. Motor vehicles that are used primarily for agricultural purposes, for which the owner is not required to obtain a
registration certificate, license plate, and decal or pay a registration fee pursuant to § 46.2-665, 46.2-666, or 46.2-
670.
13. Trucks or tractor trucks as defined in § 46.2-100, that are primarily used by farmers in their farming operations for
the transportation of farm animals or other farm products as enumerated in subdivisions 1 through 7 or for the
transport of farm-related machinery.
14. Farm machinery and farm implements, other than the farm machinery and farm implements described in
subdivisions 8 and 10, which shall include equipment and machinery used for forest harvesting and silvicultural
activities.
B. The governing body of any county, city or town may, by ordinance duly adopted, exempt in whole or in part from
taxation, or provide a different rate of tax upon, all or any of the above classes of farm animals, grains and feeds used
for the nurture of farm animals, farm vehicles, and farm machinery, implements or equipment set forth in subsection
A.
C. Grain; tobacco; wine produced by farm wineries as defined in § 4.1-100; and other agricultural products, as
defined in § 3.2-6400, shall be exempt from taxation under this chapter while in the hands of a producer.
§ 58.1-3506. Other classifications of tangible personal property for taxation.
A. The items of property set forth below are each declared to be a separate class of property and shall constitute a
classification for local taxation separate from other classifications of tangible personal property provided in this
chapter:
1. a. Boats or watercraft weighing five tons or more, not used solely for business purposes;
b. Boats or watercraft weighing less than five tons, not used solely for business purposes;
2. Aircraft having a maximum passenger seating capacity of no more than 50 that are owned and operated by
scheduled air carriers operating under certificates of public convenience and necessity issued by the State
Corporation Commission or the Civil Aeronautics Board;
3. Aircraft having a registered empty gross weight equal to or greater than 20,000 pounds that are not owned or
operated by scheduled air carriers recognized under federal law, but not including any aircraft described in
subdivision 4;
4. Aircraft that are (i) considered Warbirds, manufactured and intended for military use, excluding those manufactured
after 1954, and (ii) used only for (a) exhibit or display to the general public and otherwise used for educational
purposes (including such flights as are necessary for testing, maintaining, or preparing such aircraft for safe
operation), or (b) airshow and flight demonstrations (including such flights necessary for testing, maintaining, or
7.j.b
Packet Pg. 62 Attachment: HB 1021 Forest (2033 : Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC Revision Public Hearing Au)
preparing such aircraft for safe operation), shall constitute a new class of property. Such class of property shall not
include any aircraft used for commercial purposes, including transportation and other services for a fee;
5. All other aircraft not included in subdivisions A subdivision 2, A 3, or A 4 and flight simulators;
6. Antique motor vehicles as defined in § 46.2-100 which may be used for general transportation purposes as
provided in subsection C of § 46.2-730;
7. Tangible personal property used in a research and development business;
8. Heavy construction machinery not used for business purposes, including land movers, bulldozers, front-end
loaders, graders, packers, power shovels, cranes, pile drivers, forest harvesting and silvicultural activity
equipment except as exempted under § 58.1-3505, and ditch and other types of diggers;
9. Generating equipment purchased after December 31, 1974, for the purpose of changing the energy source of a
manufacturing plant from oil or natural gas to coal, wood, wood bark, wood residue, or any other alternative energy
source for use in manufacturing and any cogeneration equipment purchased to achieve more efficient use of any
energy source. Such generating equipment and cogeneration equipment shall include, without limitation, such
equipment purchased by firms engaged in the business of generating electricity or steam, or both;
10. Vehicles without motive power, used or designed to be used as manufactured homes as defined in § 36-85.3;
11. Computer hardware used by businesses primarily engaged in providing data processing services to other
nonrelated or nonaffiliated businesses;
12. Privately owned pleasure boats and watercraft, 18 feet and over, used for recreational purposes only;
13. Privately owned vans with a seating capacity of not less than seven nor more than 15 persons, including the
driver, used exclusively pursuant to a ridesharing arrangement as defined in § 46.2-1400;
14. Motor vehicles specially equipped to provide transportation for physically handicapped individuals;
15. Motor vehicles (i) owned by members of a volunteer emergency medical services agency or a member of a
volunteer fire department or (ii) leased by volunteer emergency medical services personnel or a member of a
volunteer fire department if the volunteer is obligated by the terms of the lease to pay tangible personal property tax
on the motor vehicle. One motor vehicle that is owned by each volunteer member who meets the definition of
"emergency medical services personnel" in § 32.1-111.1 or volunteer fire department member, or leased by each
volunteer member who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or volunteer
fire department member if the volunteer is obligated by the terms of the lease to pay tangible personal property tax on
the motor vehicle, may be specially classified under this section, provided the volunteer regularly responds to
emergency calls. The volunteer shall furnish the commissioner of revenue, or other assessing officer, with a
certification by the chief of the volunteer emergency medical services agency or volunteer fire department, that the
volunteer is an individual who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or a
member of the volunteer fire department who regularly responds to calls or regularly performs other duties for the
emergency medical services agency or fire department, and the motor vehicle owned or leased by the volunteer is
identified. The certification shall be submitted by January 31 of each year to the commissioner of revenue or other
assessing officer; however, the commissioner of revenue or other assessing officer shall be authorized, in his
7.j.b
Packet Pg. 63 Attachment: HB 1021 Forest (2033 : Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC Revision Public Hearing Au)
discretion, and for good cause shown and without fault on the part of the volunteer, to accept a certification after the
January 31 deadline. In any county that prorates the assessment of tangible personal property pursuant to § 58.1-
3516, a replacement vehicle may be certified and classified pursuant to this subsection when the vehicle certified as
of the immediately prior January date is transferred during the tax year;
16. Motor vehicles (i) owned by auxiliary members of a volunteer emergency medical services agency or volunteer
fire department or (ii) leased by auxiliary members of a volunteer emergency medical services agency or volunteer
fire department if the auxiliary member is obligated by the terms of the lease to pay tangible personal property tax on
the motor vehicle. One motor vehicle that is regularly used by each auxiliary volunteer fire department or emergency
medical services agency member may be specially classified under this section. The auxiliary member shall furnish
the commissioner of revenue, or other assessing officer, with a certification by the chief of the volunteer emergency
medical services agency or volunteer fire department, that the volunteer is an auxiliary member of the volunteer
emergency medical services agency or fire department who regularly performs duties for the emergency medical
services agency or fire department, and the motor vehicle is identified as regularly used for such purpose; however, if
a volunteer meets the definition of "emergency medical services personnel" in § 32.1-111.1 or volunteer fire
department member and an auxiliary member are members of the same household, that household shall be allowed
no more than two special classifications under this subdivision or subdivision 15. The certification shall be submitted
by January 31 of each year to the commissioner of revenue or other assessing officer; however, the commissioner of
revenue or other assessing officer shall be authorized, in his discretion, and for good cause shown and without fault
on the part of the auxiliary member, to accept a certification after the January 31 deadline;
17. Motor vehicles owned by a nonprofit organization and used to deliver meals to homebound persons or provide
transportation to senior or handicapped citizens in the community to carry out the purposes of the nonprofit
organization;
18. Privately owned camping trailers as defined in § 46.2-100, and privately owned travel trailers as defined in § 46.2-
1500, which are used for recreational purposes only, and privately owned trailers as defined in § 46.2-100, which are
designed and used for the transportation of horses except those trailers described in subdivision A 11 of § 58.1-3505;
19. One motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs,
or an arm or a hand, or who is blind or who is permanently and totally disabled as certified by the Department of
Veterans Services. In order to qualify, the veteran shall provide a written statement to the commissioner of revenue or
other assessing officer from the Department of Veterans Services that the veteran has been so designated or
classified by the Department of Veterans Services as to meet the requirements of this section, and that his disability
is service-connected. For purposes of this section, a person is blind if he meets the provisions of § 46.2-100;
20. Motor vehicles (i) owned by persons who have been appointed to serve as auxiliary police officers pursuant to
Article 3 (§ 15.2-1731 et seq.) of Chapter 17 of Title 15.2 or (ii) leased by persons who have been so appointed to
serve as auxiliary police officers if the person is obligated by the terms of the lease to pay tangible personal property
tax on the motor vehicle. One motor vehicle that is regularly used by each auxiliary police officer to respond to
auxiliary police duties may be specially classified under this section. In order to qualify for such classification, any
auxiliary police officer who applies for such classification shall identify the vehicle for which this classification is
sought, and shall furnish the commissioner of revenue or other assessing officer with a certification from the
governing body that has appointed such auxiliary police officer or from the official who has appointed such auxiliary
officers. That certification shall state that the applicant is an auxiliary police officer who regularly uses a motor vehicle
to respond to auxiliary police duties, and it shall state that the vehicle for which the classification is sought is the
vehicle that is regularly used for that purpose. The certification shall be submitted by January 31 of each year to the
7.j.b
Packet Pg. 64 Attachment: HB 1021 Forest (2033 : Potential Forest Harvesting Equipment Personal Property Tax Exemption PCC Revision Public Hearing Au)
commissioner of revenue or other assessing officer; however, the commissioner of revenue or other assessing officer
shall be authorized, in his discretion, and for good cause shown and without fault on the part of the member, to
accept a certification after the January 31 deadline;
21. Until the first to occur of June 30, 2019, or the date that a special improvements tax is no longer levied under
§ 15.2-4607 on property within a Multicounty Transportation Improvement District created pursuant to Chapter 46
(§ 15.2-4600 et seq.) of Title 15.2, tangible personal property that is used in manufacturing, testing, or operating
satellites within a Multicounty Transportation Improvement District, provided that such business personal property is
put into service within the District on or after July 1, 1999;
22. Motor vehicles which use clean special fuels as defined in § 46.2-749.3, which shall not include any vehicle
described in subdivision 38 or 40;
23. Wild or exotic animals kept for public exhibition in an indoor or outdoor facility that is properly licensed by the
federal government, the Commonwealth, or both, and that is properly zoned for such use. "Wild animals" means any
animals that are found in the wild, or in a wild state, within the boundaries of the United States, its territories or
possessions. "Exotic animals" means any animals that are found in the wild, or in a wild state, and are native to a
foreign country;
24. Furniture, office, and maintenance equipment, exclusive of motor vehicles, that are owned and used by an
organization whose real property is assessed in accordance with § 58.1-3284.1 and that is used by that organization
for the purpose of maintaining or using the open or common space within a residential development;
25. Motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport
property for hire by a motor carrier engaged in interstate commerce;
26. All tangible personal property employed in a trade or business other than that described in subdivisions A 1
through A 20, except for subdivision A 18, of § 58.1-3503;
27. Programmable computer equipment and peripherals employed in a trade or business;
28. Privately owned pleasure boats and watercraft, motorized and under 18 feet, used for recreational purposes only;
29. Privately owned pleasure boats and watercraft, nonmotorized and under 18 feet, used for recreational purposes
only;
30. Privately owned motor homes as defined in § 46.2-100 that are used for recreational purposes only;
31. Tangible personal property used in the provision of Internet services. For purposes of this subdivision, "Internet
service" means a service, including an Internet Web-hosting service, that enables users to access content,
information, electronic mail, and the Internet as part of a package of services sold to customers;
32. Motor vehicles (i) owned by persons who serve as auxiliary, reserve, volunteer, or special deputy sheriffs or (ii)
leased by persons who serve as auxiliary, reserve, volunteer, or special deputy sheriffs if the person is obligated by
the terms of the lease to pay tangible personal property tax on the motor vehicle. For purposes of this subdivision, the
term "auxiliary deputy sheriff" means auxiliary, reserve, volunteer, or special deputy sheriff. One motor vehicle that is
regularly used by each auxiliary deputy sheriff to respond to auxiliary deputy sheriff duties may be specially classified
7.j.b
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under this section. In order to qualify for such classification, any auxiliary deputy sheriff who applies for such
classification shall identify the vehicle for which this classification is sought, and shall furnish the commissioner of
revenue or other assessing officer with a certification from the governing body that has appointed such auxiliary
deputy sheriff or from the official who has appointed such auxiliary deputy sheriff. That certification shall state that the
applicant is an auxiliary deputy sheriff who regularly uses a motor vehicle to respond to such auxiliary duties, and it
shall state that the vehicle for which the classification is sought is the vehicle that is regularly used for that purpose.
The certification shall be submitted by January 31 of each year to the commissioner of revenue or other assessing
officer; however, the commissioner of revenue or other assessing officer shall be authorized, in his discretion, and for
good cause shown and without fault on the part of the member, to accept a certification after the January 31 deadline;
33. Forest harvesting and silvicultural activity equipment, except as exempted under § 58.1-3505;
34. Equipment used primarily for research, development, production, or provision of biotechnology for the purpose of
developing or providing products or processes for specific commercial or public purposes, including medical,
pharmaceutical, nutritional, and other health-related purposes; agricultural purposes; or environmental purposes but
not for human cloning purposes as defined in § 32.1-162.21 or for products or purposes related to human embryo
stem cells. For purposes of this section, biotechnology equipment means equipment directly used in activities
associated with the science of living things;
35. Boats or watercraft weighing less than five tons, used for business purposes only;
36. Boats or watercraft weighing five tons or more, used for business purposes only;
37. Tangible personal property which is owned and operated by a service provider who is not a CMRS provider and is
not licensed by the FCC used to provide, for a fee, wireless broadband Internet service. For purposes of this
subdivision, "wireless broadband Internet service" means a service that enables customers to access, through a
wireless connection at an upload or download bit rate of more than one megabyte per second, Internet service, as
defined in § 58.1-602, as part of a package of services sold to customers;
38. Low-speed vehicles as defined in § 46.2-100;
39. Motor vehicles with a seating capacity of not less than 30 persons, including the driver;
40. Motor vehicles powered solely by electricity;
41. Tangible personal property designed and used primarily for the purpose of manufacturing a product from
renewable energy as defined in § 56-576;
42. Motor vehicles leased by a county, city, town, or constitutional officer if the locality or constitutional officer is
obligated by the terms of the lease to pay tangible personal property tax on the motor vehicle;
43. Computer equipment and peripherals used in a data center. For purposes of this subdivision, "data center" means
a facility whose primary services are the storage, management, and processing of digital data and is used to house (i)
computer and network systems, including associated components such as servers, network equipment and
appliances, telecommunications, and data storage systems; (ii) systems for monitoring and managing infrastructure
performance; (iii) equipment used for the transformation, transmission, distribution, or management of at least one
megawatt of capacity of electrical power and cooling, including substations, uninterruptible power supply systems, all
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electrical plant equipment, and associated air handlers; (iv) Internet-related equipment and services; (v) data
communications connections; (vi) environmental controls; (vii) fire protection systems; and (viii) security systems and
services;
44. Motor vehicles (i) owned by persons who serve as uniformed members of the Virginia Defense Force pursuant to
Article 4.2 (§ 44-54.4 et seq.) of Chapter 1 of Title 44 or (ii) leased by persons who serve as uniformed members of
the Virginia Defense Force pursuant to Article 4.2 (§ 44-54.4 et seq.) of Chapter 1 of Title 44 if the person is obligated
by the terms of the lease to pay tangible personal property tax on the motor vehicle. One motor vehicle that is
regularly used by a uniformed member of the Virginia Defense Force to respond to his official duties may be specially
classified under this section. In order to qualify for such classification, any person who applies for such classification
shall identify the vehicle for which the classification is sought and shall furnish to the commissioner of the revenue or
other assessing officer a certification from the Adjutant General of the Department of Military Affairs under § 44-11.
That certification shall state that (a) the applicant is a uniformed member of the Virginia Defense Force who regularly
uses a motor vehicle to respond to his official duties, and (b) the vehicle for which the classification is sought is the
vehicle that is regularly used for that purpose. The certification shall be submitted by January 31 of each year to the
commissioner of the revenue or other assessing officer; however, the commissioner of revenue or other assessing
officer shall be authorized, in his discretion, and for good cause shown and without fault on the part of the member, to
accept a certification after the January 31 deadline;
45. If a locality has adopted an ordinance pursuant to subsection D of § 58.1-3703, tangible personal property of a
business that qualifies under such ordinance for the first two tax years in which the business is subject to tax upon its
personal property pursuant to this chapter. If a locality has not adopted such ordinance, this classification shall apply
to the tangible personal property for such first two tax years of a business that otherwise meets the requirements of
subsection D of § 58.1-3703;
46. Miscellaneous and incidental tangible personal property employed in a trade or business that is not classified as
machinery and tools pursuant to Article 2 (§ 58.1-3507 et seq.), merchants' capital pursuant to Article 3 (§ 58.1-
3509 et seq.), or short-term rental property pursuant to Article 3.1 (§ 58.1-3510.4 et seq.), and has an original cost of
less than $500. A county, city, or town shall allow a taxpayer to provide an aggregate estimate of the total cost of all
such property owned by the taxpayer that qualifies under this subdivision, in lieu of a specific, itemized list; and
47. Commercial fishing vessels and property permanently attached to such vessels.
B. The governing body of any county, city or town may levy a tax on the property enumerated in subsection A at
different rates from the tax levied on other tangible personal property. The rates of tax and the rates of assessment
shall (i) for purposes of subdivisions A 1, 2, 3, 4, 5, 6, 8, 11 through 20, 22 through 24, and 26 through 47, not exceed
that applicable to the general class of tangible personal property, (ii) for purposes of subdivisions A 7, 9, 21, and 25,
not exceed that applicable to machinery and tools, and (iii) for purposes of subdivision A 10, equal that applicable to
real property. If an item of personal property is included in multiple classifications under subsection A, then the rate of
tax shall be the lowest rate assigned to such classifications.
C. Notwithstanding any other provision of this section, for any qualifying vehicle, as such term is defined in § 58.1-
3523, (i) included in any separate class of property in subsection A and (ii) assessed for tangible personal property
taxes by a county, city, or town receiving a payment from the Commonwealth under Chapter 35.1 (§ 58.1-3523 et
seq.) for providing tangible personal property tax relief, the county, city, or town may levy the tangible personal
property tax on such qualifying vehicle at a rate not to exceed the rates of tax and rates of assessment required
under such chapter.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Sheriff Memorandum of Agreement Approval (Staff Contact: Holly E.
Stanfield)
Staff Contact(s): Holly E. Stanfield
Agenda Date: May 19, 2020 Item Number: 7.k
Attachment(s): 2020 Sheriff's Office Memorandum of Agreement.docxFINAL
Reviewed By:
SUMMARY:
At its Meeting on May 12, 2020, the Board’s Finance Committee unanimously recommended to
the full Board the approval of the attached Constitutional Officer Memorandum of Agreement
between the County and the Sheriff (“Sheriff MOA”).
FINANCIAL IMPACT AND FUNDING SOURCE:
Implementation of Springsted’s Sheriff Office’s Salary Study and other salary related items
outlined in the MOA. Funds to cover Phase 1 of the Salary study is located in the contingency
fund and will need approval to transfer funds to the Sheriff/Jail Departments.
RECOMMENDATION:
County Staff recommends the Board approve the Sheriff MOA as presented.
MOTION:
“I make a Motion to approve the Sheriff MOA as presented and approve the transfer of adequate
funds to cover Phase 1 of the Salary study to the Sheriff/Jail Departments.”
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Page 1 of 3
CONSTITUTIONAL OFFICER MEMORANDUM OF AGREEMENT
This Constitutional Officer Memorandum of Agreement (“MOA”), made this 19th day of
May, 2020, by and between the Pittsylvania County Board of Supervisors (“Board”), and the
Michael W. Taylor, Pittsylvania County Sheriff (“Sheriff”); (individually “Party;” collectively
“Parties”) recites and agrees with the following recitals:
RECITALS
WHEREAS, in accordance with § 2.2-3008, Code of Virginia, 1950, as amended,
employees and appointees of Constitutional Officers may be accepted in a local governing body’s
Grievance Procedure or Personnel Plan, if agreed to by both Parties; and
WHEREAS, the employees/appointees receive salary allocations from the Commonwealth
of Virginia’s Compensation Board (“VCB”) for themselves and some of their
employees/appointees; and
WHEREAS, the Board currently funds out of local revenue, and without VCB funding, the
salaries of some of the employees/appointees of the personnel of the Sheriff’s Office; and
WHEREAS, the employees/appointees desire that the Board supplement the salary
allocations for themselves and those employees/appointees which are VCB funded, as permitted
by law; and
WHEREAS, as permitted by law, the Board is willing to fund the salaries of the locally
funded employees/appointees of the Sheriff and to supplement the funding allocated by the VCB
for the salaries of those employees/appointees funded by the VCB in consideration of the
employee/appointee agreeing to adopt and abide by certain of Pittsylvania County, Virginia’s
(“County”) Human Resources Polices; and
WHEREAS, § 15.2-1605.1, Code of Virginia, 1950, as amended, permits the Sheriff and
the Board to agree that the Board will supplement the salaries of the Sheriff and his/her
employee/appointees; now, therefore:
WITNESSETH
In consideration to the mutual covenants and promises contained herein, the Board and the
Sheriff agree as follows:
1. The MOA’s term shall be effective, retroactively, on January 1, 2020, and end on
December 31, 2023; and
2. The Board and the Sheriff shall be able to cancel/void this MOA at any time during
the MOA’s Term, provided the moving Party provides the other Party at least a one-hundred and
eighty (180) day written notice; and
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Packet Pg. 69 Attachment: 2020 Sheriff's Office Memorandum of Agreement.docxFINAL (2034 : Sheriff Memorandum of Agreement Approval (Staff Contact:
3. Employees/Appointees of the Sheriff are appointed under § 15.2-1603, Code of
Virginia, 1950, as amended, and shall be considered “at will” employees/appointees of the Sheriff
regardless of whether the employee/appointee is locally funded or funded by the VCB; and
4. All Sheriff employees shall be appointed by the Sheriff. The Sheriff agrees to fully
and completely adopt, follow, and be bound by the County’s Personnel Plan, except in the
following areas: Section 2: Qualifications for Employment; Section 3: Appointments; Section 4:
Classification of Positions (4.3 and 4.5); Section 5: Pay of Employees (5.5- 5.10); Section 7:
Separations and Discipline; Section 15: Harassment; Section 16: Grievance Procedures; Section
19: Health and Safety (19.3-19.5); Section 24: Records Keeping and daily management of the
office to include, Off-Duty Management; Rules of Conduct, and work schedules of
employee/appointee; and
5. The Sheriff agrees to fully adopt, follow, and administer FMLA as outlined in the
County’s Personnel Plan. The Board agrees that the Sheriff shall have sole discretionary authority
to administer leave and employment status for eligible Sheriff employees who exhaust FMLA
leave benefits, and may need additional leave beyond the FMLA twelve (12)-week entitlement
period; and
6. Except as provided herein or required by law, the Sheriff does hereby adopt and
agree that he/she and employees/appointees shall be under County’s Uniform Pay and
Classification Plan; and
7. The Board agrees that, except as required by law, all employees/appointees of the
Sheriff shall be classified, graded, and compensated (to include fringe benefits and overtime
considerations) in conformance with the County’s Uniform Pay and Classification Plan to the
extent required to meet the level of compensation accorded under the Plan; and
8. The Board will subject itself to the lawful appropriation of funds, and the
supplement of said funds, appropriated by the VCB and obtainable grant funding; and
9. The Board agrees to supplement the salaries of the Sheriff’s Office in the amount
determined by the Board after consultation with the Sheriff; and
10. The Board agrees that the Sheriff has sole authority over the employee/appointee’s
increase/decrease in salary compensation and it shall be based upon a satisfactory annual
evaluation that has been reviewed by both the employee’s Supervisor and the Sheriff. Increases
will be determined by the Sheriff and subject to Board appropriation of funds for said merit
increases; and
11. The Board agrees to continue to encourage retention of Sheriff’s
employees/appointees by continuing to appropriate supplemental funding for educational
achievements; and
12. The Board agrees that in the occurrence a present employee/appointee is being
compensated at a rate not consistent with the County’s Uniform Pay and Classification Plan, the
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Page 3 of 3
Board will not decrease the employee/appointee’s compensation schedule; and future employees
shall be paid in accordance with the County’s Uniform Pay and Classification Plan; and
13. The Sheriff acknowledges and agrees that, except as required by law, any increase
in funding by the VCB to the Sheriff and/or his/her employees/appointees above the level of
compensation set by the County’s Uniform Pay and Classification Plan shall be used to supplant
County funding of the Sheriff and his/her employees/appointees’ salaries; and
14. To the extent that provisions of this MOA, any County Policy, or the County’s
Uniform Pay and Classification Plan conflicts with any mandatory requirements established by the
Commonwealth of Virginia, VCB, or the U.S. Department of Labor, the mandatory state or federal
requirement shall control.
IN WITNESS WHEREOF, the Parties have caused this MOA to be duly executed
intending to be bound thereby.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
By: ____________________________
Title: __________________________
Date: __________________________
APPROVED AS TO FORM:
By: ____________________________
Title: ___________________________
Date: __________________________
PITTSYLVANIA COUNTY SHERIFF
By:___________________________
Title:_________________________
Date:_______________________
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Packet Pg. 71 Attachment: 2020 Sheriff's Office Memorandum of Agreement.docxFINAL (2034 : Sheriff Memorandum of Agreement Approval (Staff Contact:
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Budget Amendments: (1) Pet Center; (2) WIA-WIOA Rapid Response-
COVID 19 Grant; and (3) Solid Waste Enterprise Fund (Staff Contact:
Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: May 19, 2020 Item Number: 7.l
Attachment(s): Area 17 RR COVID Award Packet
1981 Discussion
Reviewed By:
SUMMARY:
Pet Center Appropriation:
(1) The Pet Center held a raffle to auction a lawn tractor in October 2019. A total of
$14,056.00 was collected from the sale of raffle tickets for this fundraiser. Of this amount,
$9,167.25 needs to be appropriated to the Pet Center budget (100-4-035110-5656) to cover the
cost of the tractor.
(2) The Pet Center has received donations in the amount of $300.00 to support the food
pantry that is being utilized to help County families feed their animals during the COVID-19
Pandemic. These funds need to be appropriated to the Pet Center budget (100-4-035110-6002)
to cover the cost of food that was purchased with these funds.
WIA-WIOA Rapid Response COVID-19 Grant:
The Workforce Investment Board recently received notification of a Grant Award in the amount
of $29,585 for the Virginia Rapid Response COVID-19 Business Support Initiative. This Grant
is being utilized to provide layoff aversion funding to local businesses during the COVID-19
Pandemic.
Solid Waste Enterprise Fund Appropriation:
County Staff made a recommendation to the Board at their April 21, 2020, Meeting to
appropriate a total of $100,000 as outlined in last month’s related Executive Summary. This
appropriation could not be approved at that time because of the ten (10)-day holdover
requirement and is now ready for Board approval.
FINANCIAL IMPACT AND FUNDING SOURCE:
Pet Center Appropriation:
Funds being appropriated to the Pet Center Budget are donated funds from County citizens and
require no additional local appropriation.
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Packet Pg. 72
WIA-WIOA Rapid Response COVID-19 Grant:
This is a federal Grant that is being administered by the Virginia Community College System
and does not require a local match.
Solid Waste Enterprise Fund Appropriation:
No additional local funds are required for this appropriation (see attached executive summary for
more detail).
RECOMMENDATION:
County Staff recommends the Board appropriate a total of $9,467.25 to the Pet Center Budget,
appropriate a total of $29,585 to the WIA Budget for the Rapid Response COVID-19 Grant,
(Fund 251) and appropriate a total of $100,000 to the Solid Waste Enterprise Fund (Fund 520).
MOTION:
“I make a Motion to appropriate a total of $9,467.25 to the Pet Center Budget, $29,585 to the
WIA Fund, and $100,000 to the Solid Waste Enterprise Fund (Fund 520).”
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March 20, 2020
Robert Warren, Chairman
Pittsylvania County Board of Supervisors 39 Bank St, P.O. Box 426 Chatham, VA 24531
Dear Chairman Warren:
Enclosed is a Workforce Innovation and Opportunity Act (WIOA) Notice of Obligation (NOO) authorizing your Local Workforce Development Area (LWDA) to provide layoff aversion funding to local businesses during the COVID-19 national emergency in accordance with the attached guidelines.
This grant award is released per the governor’s press release dated March 17, 2020, titled Governor Northam Announces New Measures to Combat COVID-19 and Support Impacted Virginians. The attached document, titled Additional Assistance Funding, provides the guidance for implementing this award.
To accept the award, the attached NOO should be signed by the grant recipient and returned to wdslocalarea@vccs.edu. The VCCS is the state administrative entity, grant recipient, and fiscal agent for Workforce
Innovation and Opportunity Act (WIOA) Title I funds. The VCCS WIOA Title I Director of Administration and Compliance provides the oversight for this agreement and directs the implementation and administration of this grant. As the pass-through entity for WIOA funds, the VCCS is utilizing its DOL approved 24.8% indirect cost rate.
The period of performance for this award is March 1, 2020 through August 31, 2020. This is a cost reimbursable grant. Indirect costs and equipment purchase (goods at a cost of $5,000 or more per item) are not allowable in this grant. VCCS will provide a Rapid Response Request for Reimbursement form which must be submitted monthly along with a performance report that will outline the activities that were completed with the federal funds. The request for
reimbursement and monthly performance report must be completed within 20 days following the end of each month. Closeout of the award will occur 45 days following the end of the performance period, or no later than October 15, 2020.
7.l.a
Packet Pg. 74 Attachment: Area 17 RR COVID Award Packet (2018 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde))
If you have any questions, please do not hesitate to contact Andrea Glaze, at (804) 819-5393 or
aglaze@vccs.edu.
Sincerely,
George Taratsas
Director, WIOA Title I Administration and Compliance Enclosures: Notice of Obligation
Virginia COVID Layoff Guidance
Employer Information Form Virginia Rapid Response COVID-19 Business Support Initiative Budget Template Rapid Response Grant Narrative Template
cc: West Piedmont Workforce Development Board Pittsylvania County Director of Finance
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Packet Pg. 75 Attachment: Area 17 RR COVID Award Packet (2018 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde))
Subrecipient: Pittsylvania County RR COVID 17-19-01
DUNS #:074744467 3/1/20
2700
CFDA Fund Type Amount
17.278 29,585
ISSUED BY: U. S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION
VIRGINIA COMMUNITY COLLEGE SYSTEM
Arboretum III - 300 Arboretum Place, Third Floor, Suite 200
Richmond, Virginia 23236
WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
Program Code:
PASS-THROUGH ENTITY: VIRGINIA COMMUNITY COLLEGE SYSTEM
ISSUED DATE: June 4, 2019
Grant Number: AA-332060-19-55-A-51
NOTICE OF OBLIGATION
Virginia Rapid Response COVID-19 Business Support Initiative
Period of Performance: March 1, 2020-August 31, 2020
NOO No.:
Effective Date:
WIOA Rapid Response
This Notice of Obligation awards U.S. Department of Labor Workforce Innovation and Oportunity Act (WIOA) funds to undertake
activities in response to the COVID19 crisis in accordance with the attached guidelines.
The subrecipient must adhere to PY 19 WIOA Terms and Conditions, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards at 2 Code of Federal Regulations (CFR) Part 200, and U.S. Department of Labor
exceptions codified at 2 CFR Part 2900.
By my signature, I accept the Terms and Conditions of this subaward and agree to use the funds as outlined.
Director WIOA Title I Administration and Compliance
Authorized Signature Date
Print Name Title
Approved by Date
George Taratsas
Academic and Workforce Programs
(804) 819-5387
cc: West Piedmont Workforce Development Board
Pittsylvania County/Director of Finance
7.l.a
Packet Pg. 76 Attachment: Area 17 RR COVID Award Packet (2018 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde))
Additional Assistance Funding
Guidance Related to the Governor’s Press Release dated March 17, 2020, titled Governor Northam
Announces New Measures to Combat COVID-19 and Support Impacted Virginians, which included
support for Impacted Employers
The Governor is authorizing rapid response funding, through the Workforce Innovation and
Opportunity Act, for employers eligible to remain open during this emergency. Funds may be used to
clean facilities and support emergency needs.
Layoff aversion strategies and activities are designed to prevent, or minimize the duration of,
unemployment resulting from layoffs due to COVID-19.
Each local workforce development area, and each business and employee within it, will be
affected in different ways – the Governor’s Chief Workforce Development Advisor is
committed to the following:
• Providing general guidance and examples intended to stimulate creative
strategies and solutions at the State and local areas;
• Providing specific references and resources when available; and
• Reviewing requests for layoff aversion projects in a timely manner, with an open
willingness to consider and explore innovative approaches to meeting your
community’s needs.
Funding Available: $1,500,000 Allocated to Local Workforce Development Area (LWDA) Grant
Recipients of Workforce Innovation and Opportunity Act (WIOA) Title I Formula Funds and
administered by the Local Workforce Development Board (LWDB)
Basis of Allocation: Allocation will be issued proportionate to each LWDA’s working age population in
the Commonwealth of Virginia; see below for individual area allocations
Workforce Region Year Labor Force % of Total Dollar Amount
Alexandria/Arlington (LWDA XII) 2019 257,493.09 6% $ 87,619
Bay Consortium (LWDA XIII) 2019 256,597.91 6% $ 87,314
Capital Region Workforce Partnership (LWDA IX) 2019 592,045.45 13% $ 201,460
Crater Area (LWDA XV) 2019 75,486.73 2% $ 25,686
Greater Peninsula (LWDA XIV) 2019 257,964.27 6% $ 87,779
Hampton Roads (LWDA XVI) 2019 593,210.55 13% $ 201,856
New River/Mt. Rogers (LWDA II) 2019 180,030.73 4% $ 61,260
Northern Virginia (LWDA XI) 2019 1,164,345.64 26% $ 396,208
Piedmont Workforce Network (LWDA VI) 2019 225,480.55 5% $ 76,726
Region 2000/Central VA (LWDA VII) 2019 124,373.82 3% $ 42,321
Shenandoah Valley (LWDA IV) 2019 273,502.82 6% $ 93,066
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Packet Pg. 77 Attachment: Area 17 RR COVID Award Packet (2018 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde))
South Central (LWDA VIII) 2019 80,416.00 2% $ 27,363
Southwestern Virginia (LWDA I) 2019 71,429.82 2% $ 24,305
West Piedmont (LWDA XVII) 2019 86,944.45 2% $ 29,585
Western Virginia (LWDA III) 2019 168,838.73 4% $ 57,452
$ 1,500,000
Data source: Most recent LMI "labforce" dataset; Filtered to Workforce Region as area type; Filtered to 2019; Averaged the monthly values (since annual not present)
Source of Funds: Governor’s WIOA Title I Rapid Response Reserve
Period of Availability: March 1, 2020, to August 31, 2020
State and federal resources and regulations
• TEGL 19-16 (particularly pages 26-27)
• 20 CFR 682.320
• VBWD 403-02: Rapid Response Activities: Layoff Aversion Assistance:
https://virginiacareerworks.com/wp-content/uploads/Policy-403-02-Rapid-Response-
Final.pdf
General Guidance and “Innovative” Initiatives
In addition to being designed to mitigate or minimize potential job losses, the most important
aspect of a proposed layoff aversion project is that it is intentional. That is, it includes a
deliberate, planned strategy with expected outcomes.
When additional assistance funds are limited, priority must be given to layoff aversion projects that
• Support a local area’s targeted sectors, and, where possible,
• Make use of other funding sources and leveraged resources.
A form will be provided on March 19th, 2020, to each LWDB Director for reporting the layoff aversion
project each LWDA proposes to implement (see examples below). The project should be designed in
consultation with, and have the support of, the local elected officials. The form will contain instructions
for submission.
Examples of layoff aversion projects that use innovative strategies to address COVID-19-
related effects on small businesses (250 or fewer employees) and workers include:
• A small business needs their employees to be at work, on site, but cannot afford
frequent deep cleaning to help prevent potential exposure to COVID-19. Layoff
aversion funds could be used to pay for a cleaning/sanitization service.
• A small business whose employees use specific software or computer applications
asks their employees to work from home/remotely in order to support social
distancing and limit potential exposure to COVID-19. Layoff aversion funding could
7.l.a
Packet Pg. 78 Attachment: Area 17 RR COVID Award Packet (2018 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde))
be used to purchase the software/programs that the employee would need to use
from home to support their work.
• A call center environment needs to have their employees work from home/remotely
in order to support social distancing and limit potential exposure to COVID-19. Layoff
aversion funding could be used to purchase remote access supplies, including laptop
computers and/or smart phones, which the employee would need to use from home
to support their work.
LWDBs must complete an agreement with each employer to describe the project
deliverables, and outcomes.
*Note: Layoff aversion funds can always be used to support innovative approaches and
strategies; other business/employee needs could be substituted for COVID-19-related
language in the examples above.
(From TEGL 19-16, emphasis added) “…the regulations require that states and local areas
have the capability to conduct layoff aversion; however, it is left to the discretion of the
operators of Rapid Response programs to determine which strategies and activities are
applicable in a given situation, based upon specific needs, policies, and procedures within
the state and operating areas. In this way the regulations permit state and local rapid
response operators the flexibility to meet the requirements of WIOA based on the specific
needs of the companies and workers being served and the particular characteristics of
each event, while ensuring that valuable and important solutions are delivered whenever
possible. We encourage state and local rapid response teams to develop strategies that
maximize the ability to deploy the appropriate layoff aversion solutions for the challenges
they face.)
If you have questions about potential layoff aversion projects, please contact Randy Stamper at
rstamper@vccs.edu or 804-819-4691.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Solid Waste Enterprise Fund Appropriation (Requires 10-day Holdover);
(Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimbelry G. Van Der Hyde
Agenda Date: April 21, 2020 Item Number: 7.q
Attachment(s):
Reviewed By:
SUMMARY:
After carefully reviewing the financial reports for the County’s 3rd Quarter, it is necessary to
appropriate additional funds to the Solid Waste Enterprise Fund. When the FY2020 County
Budget was adopted, County Staff was not fully aware that it would be accepting outside garbage
at the County’s Landfill in this fiscal Year; therefore, County Staff did not originally include the
funds that would be generated from this new endeavor. In addition, there have been some
additional costs that have been incurred because of the increased Landfill traffic. The cost of
gravel and additional maintenance on equipment has been become necessary.
FINANCIAL IMPACT AND FUNDING SOURCE:
The County will be earning approximately $100,000 more in revenue from the acceptance of
outside trash from Bays Trash Removal, Henry County, and Precision Pipeline. These additional
funds need to be appropriated to cover costs associated with Solid Waste’s collections and
disposal.
RECOMMENDATION:
County Staff recommends the Board approve an appropriation of $100,000 to the FY2020 Solid
Waste Enterprise Fund Budget to cover operating costs associated with the County’s Solid Waste
operation.
MOTION:
“I make a Motion to appropriate a total of $100,000 to the FY2020 Solid Waste Enterprise Fund
Budget to cover additional costs associated with County Solid Waste.” (This motion requires a
10-day holdover before a vote can be taken. It will be placed for action on the Od Business
Agenda of the Board’s May Business Meeting.)
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Packet Pg. 80 Attachment: 1981 Discussion (2018 : Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: PCSA Auditing Services Amendment Approval (Staff Contact: Kimberly
G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: May 19, 2020 Item Number: 7.m
Attachment(s): Pittsylvania Contract Amendment - Service Authority
Reviewed By:
SUMMARY:
The Pittsylvania County Service Authority (“PCSA”) recently voted to change its accounting
period from a calendar year to a fiscal year to mirror the County’s accounting period. As a
component unit of the County, the PCSA’s accounting information is contained in the County’s
Comprehensive Annual Financial Report (“CAFR”). Therefore, this change is necessary so
accounting information contained in the County’s CAFR is comparative. Robinson, Farmer,
Cox Associates (“RFC”) has amended its contract to include an audit for the PCSA. For your
review and consideration, said RFC Contract Amendment is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funding for this audit will be provided from the PCSA’s Operational Budget.
RECOMMENDATION:
County Staff recommends that the Board authorize the County Administrator’s execution of the
attached RFC Contract Amendment as presented.
MOTION:
“I make a Motion authorizing the County Administrator’s execution of the attached RFC
Contract Amendment as presented.”
7.m
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7.m.aPacket Pg. 82Attachment: Pittsylvania Contract Amendment - Service Authority (2023 : PCSA Auditing Services Amendment Approval Ratification)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Sheriff COVID-10 Grant Submission Authority (Staff Contact: Sheriff
Mike W. Taylor)
Staff Contact(s): Sheriff Taylor
Agenda Date: May 19, 2020 Item Number: 7.n
Attachment(s): Coronavirus Emergency Supplemental Funding Program Solicitation FY
2020 Formula Grant Solicitation
Reviewed By:
SUMMARY:
The Coronavirus Emergency Supplemental Funding (“CESF”) Program, a Grant opportunity,
will provide funding to assist eligible states, local units of government, and tribes in preventing,
preparing for, and responding to the coronavirus (“COVID-19”). Funds awarded under the
CESF must be utilized to prevent, prepare for, and respond to COVID-19. Allowable projects
and purchases include, but are not limited to, overtime, equipment (including law enforcement
and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer),
training, travel expenses (particularly related to the distribution of resources to the most impacted
areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and
detention centers. Attached is further CESF documentation.
FINANCIAL IMPACT AND FUNDING SOURCE:
As evinced by the attached documentation, CESF does not require a local match.
RECOMMENDATION:
County Staff recommends the Board authorize the County’s Sheriff to submit a CESF Grant
Application.
MOTION:
“I make a Motion to authorize the County’s Sheriff to submit a CESF Grant Application.”
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Packet Pg. 83
OMB No. 1121-0329 Approval Expires 11/30/2020
U.S. Department of Justice Office of Justice Programs
Bureau of Justice Assistance
Coronavirus Emergency Supplemental Funding Program Solicitation FY 2020 Formula Grant Solicitation
CFDA #16.034
Solicitation Release Date: March 30, 2020
Application Deadline: 11:59 p.m. eastern time on May 29, 2020
The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for the Coronavirus Emergency Supplemental Funding Program.
This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP
Grant Application Resource Guide provides guidance to applicants on how to prepare and submit applications for funding to OJP. If this solicitation expressly modifies any provision in the OJP Grant Application Resource Guide, the applicant is to follow the guidelines in this solicitation as to that provision.
Eligibility
The following entities are eligible to apply:
• States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments that were identified as eligible for funding under the Fiscal Year (FY) 2019 State and Local Edward Byrne Memorial Justice Assistance Grant (JAG) Program
are eligible to apply under the Coronavirus Emergency Supplemental Funding (CESF) Program solicitation. NOTE: Only the State Administering Agency that applied for FY 2019 JAG funding for a state/territory may apply for the state allocation of CESF funding.
The eligible allocations for the FY 2020 CESF Program can be found at: https://bja.ojp.gov/program/fy20-cesf-allocations.
For the purposes of the CESF Program, please note the following:
• The term “states” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa. (Throughout this solicitation, each reference to a “state” or “states” includes all 56 jurisdictions.)
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• The term “units of local government” includes a town, township, village, parish, city, county,
borough, or other general purpose political subdivision of a state, or a federally recognized Indian tribal government that performs law enforcement functions (as determined by the Secretary of the Interior). A unit of local government also may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes; for example, in Louisiana, a unit of local government means a district attorney or parish sheriff.
• All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee.
Contact information For technical assistance with submitting an application, contact the Grants Management System
(GMS) Support Hotline at 888–549–9901, option 3, or via email at GMS.HelpDesk@usdoj.gov. The GMS Support Hotline operates 24 hours a day, 7 days a week, including federal holidays
An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it from submitting its application by the deadline must email the NCJRS Response Center contact identified below within 24 hours after the application deadline to request approval to
submit its application after the deadline. Additional information on reporting technical issues appears under “Experiencing Unforeseen GMS Technical Issues” in the How to Apply (GMS) section in the OJP Grant Application Resource Guide.
For assistance with any other requirement of this solicitation, applicants may contact the NCJRS Response Center by telephone at 1–800–851–3420; via TTY at 301–240–6310 (hearing impaired only); by email at grants@ncjrs.gov; by fax to 301–240–5830; or by web chat at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to 8:00 p.m. eastern time on the solicitation close date.
Post-Award Legal Requirements NoticeIf selected for funding, in addition to implementing the funded project consistent with the OJP-approved application, the recipient must comply with all award conditions, and all applicable
requirements of federal statutes and regulations (including applicable requirements referred to in the assurances and certifications executed in connection with award acceptance). OJP strongly encourages prospective applicants to review information on post-award legal requirements and common OJP award conditions prior to submitting an application.
For additional information on these legal requirements, see the “Administrative, National Policy, and Other Legal Requirements” section in the OJP Grant Application Resource Guide.
Deadline details
Applicants must register in GMS at https://grants.ojp.usdoj.gov/ prior to submitting an application under this solicitation. All applicants must register, even those that previously registered in GMS. Select the “Apply Online” button associated with the solicitation title. All registrations and applications are due by 11:59 p.m. eastern time May 29, 2020.
For additional information, see the “How to Apply (GMS)” section in the OJP Grant Application Resource Guide.
BJA-2020-18553 2
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Contents
A. Program Description..........................................................................................................4
Overview ............................................................................................................................4
Permissible uses of Funds .................................................................................................4
B. Federal Award Information ................................................................................................5
Type of Award....................................................................................................................5
Financial Management and System of Internal Controls....................................................5
Budget Information.............................................................................................................5
Cost Sharing or Match Requirement ..................................................................................6
Pre-agreement Costs (also known as Pre-award Costs) ...................................................6
Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs...............6
Costs Associated with Language Assistance (if applicable)...............................................6
C.Eligibility Information..........................................................................................................6
D. Application and Submission Information............................................................................6
What an Application Should Include...................................................................................6
How to Apply......................................................................................................................7
E. Application Review Information .........................................................................................7
Review Process .................................................................................................................7
F. Federal Award Administration Information.........................................................................8
Federal Award Notices.......................................................................................................8
Administrative, National Policy, and Other Legal Requirements ........................................8
Information Technology (IT) Security Clauses ...................................................................8
General Information about Post-Federal Award Reporting Requirements .........................8
G. Federal Awarding Agency Contact(s)................................................................................9
H. Other Information ..............................................................................................................9
Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a)......................9
Provide Feedback to OJP ..................................................................................................9
Appendix A: Application Checklist....................................................................................10
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Packet Pg. 86 Attachment: Coronavirus Emergency Supplemental Funding Program Solicitation FY 2020 Formula Grant Solicitation (2015 : Grant Opportunity
Coronavirus Emergency Supplemental
Funding Program Solicitation
CFDA # 16.034
A. Program Description
Overview
The Coronavirus Emergency Supplemental Funding (CESF) Program will provide funding to assist eligible states, local units of government, and tribes in preventing, preparing for, and responding to the coronavirus.
Statutory Authority: The CESF Program is authorized by Division B of H.R. 748, Pub. L. No. 116-136 (Emergency Appropriations for Coronavirus Health Response and Agency Operations); 28
U.S.C. 530C.
Permissible uses of Funds
Funds awarded under the CESF Program must be utilized to prevent, prepare for, and respond to the coronavirus. Allowable projects and purchases include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring,
supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.
Expenditures which require prior approval – There are no specific prohibitions under the CESF Program other than the unallowable costs that are identified in the DOJ Grants Financial Guide; however, the following items should be identified during application and appropriately justified as noted:
• Individual items costing $500,000 or more – if the recipient intends to purchase an individual item that costs $500,000 or more, those item(s) should be identified and thoroughly justified by the grantee and receive written prior approval from BJA post-award through the submission and approval of a Grant Adjustment Notice (GAN). Costs must be reasonable to receive approval.
• Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicles (UAV) – if the recipient requests to purchase an UAS, UA, and/or UAV, Federal Aviation Administration approval must be obtained as outlined here: https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=22615. Documentation related to these purchases should be included with the application or the applicant must receive written prior approval from BJA post-award through the submission and approval of a GAN.
Draw-down – Consistent with the CESF Program’s purposes, which involve assistance in
responding to the present national emergency in connection with the coronavirus, OJP has determined that eligible states (or State Administering Agencies) or units of local government may draw down funds either in advance or on a reimbursable basis. To draw down in
advance, funds must be placed in an interest-bearing account, unless one of the exceptions
BJA-2020-18553 4
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in 2 C.F.R. § 200.305(b)(8) apply. This interest-bearing account must be dedicated specifically for the CESF Program award, and funds other awards or sources may not be commingled with the funds in the account established for the CESF Program award. It is not necessary that the interest-bearing account be a “trust fund.” For additional information, see 2 C.F.R. § 200.305.
Prohibition of supplanting – Funds may not be used to supplant state or local funds but must be used to increase the amounts of such funds that would, in the absence of federal funds, be made available.
Limitation on direct administrative costs – Funds may not be used for direct administrative costs that exceed 10 percent of the total award amount.
B. Federal Award Information
Maximum number of awards BJA expects to make
Period of performance start date
Period of performance duration
1,873
January 20, 2020
2 years
Recipients have the option to request a one-time, up to 12-month extension. The extension must be requested via GMS no fewer than 30 days prior to the end of the performance period.
The expected eligible allocations for the FY 2020 CESF Program can be found at: https://bja.ojp.gov/program/fy20-cesf-allocations.
All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by statute.
Type of Award1
BJA expects to make awards under this solicitation as grants. See the “Administrative, National Policy, and Other Legal Requirements” section of the OJP Grant Application Resource Guide
for additional information.
Financial Management and System of Internal Controls
Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as described in the Part 200 Uniform Requirements2 as set out at 2 C.F.R. 200.303, comply with standards for financial and program management. See OJP Grant Application Resource
Guide for additional information.
Budget InformationThis solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provision in the “Financial Information” section of the OJP Grant Application Resource Guide.
1 For purposes of this solicitation, the phrase “pass-through entity” includes any recipient or subrecipient that provides a subaward (“subgrant”) to carry out part of the funded award or program.2 The "Part 200 Uniform Requirements” means the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain modifications) the provisions of 2 C.F.R. Part 200.
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Cost Sharing or Match Requirement The CESF Program does not require a match.
Please see the OJP Grant Application Resource Guide for information on the following:
Pre-agreement Costs (also known as Pre-award Costs)
Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs
Costs Associated with Language Assistance (if applicable)
C.Eligibility Information
For eligibility information, see the title page.
For information on cost sharing or match requirements, see Section B. Federal Award Information.
D.Application and Submission Information
What an Application Should Include See the “Application Elements and Formatting Instructions” section of the OJP Grant Application Resource Guide for information on what happens to an application that does not contain all the
specified elements. (This solicitation expressly modifies the “Application Elements and Formatting Instructions” section of the OJP Grant Application Resource Guide by not incorporating paragraph two of that section (referring to nonresponsive applications or applications missing critical elements
not “[proceeding] to peer review”). The solicitation further expressly modifies the “Application Attachments” section of the OJP Grant Application Resource Guide by not incorporating the “Applicant Disclosure of Pending Applications,” “Applicant Disclosure and Justification – DOJ High Risk Grantees,” and “Research and Evaluation Independence and Integrity” provisions.)
1.Application for Federal Assistance (Standard Form (SF)-424)The SF-424 is a required standard form used as a cover sheet for submission of pre-applications,applications, and related information. See the OJP Grant Application Resource Guide foradditional information on completing the SF-424.
Intergovernmental Review: This solicitation ("funding opportunity") is subject to Executive Order
12372. An applicant may find the names and addresses of State Single Points of Contact(SPOCs) at the following website:https://www.whitehouse.gov/wp-content/uploads/2020/01/spoc_1_16_2020.pdf
If the applicant’s state appears on the SPOC list, the applicant must contact the State SPOC tofind out about, and comply with, the state’s process under E.O. 12372. In completing the SF-424,an applicant whose state appears on the SPOC list is to make the appropriate selection in
response to question 19, once the applicant has complied with its State E.O. 12372 process. (Anapplicant whose state does not appear on the SPOC list should answer question 19 by selectingthe response that the: “Program is subject to E.O. 12372, but has not been selected by the State
for review.”)
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2. Program Narrative Describe the specific coronavirus prevention, preparation, and/or response efforts that will be
addressed with this funding and include a summary of the types of projects or items that will be funded over the 2-year grant period.
3. Budget Information and Associated Documentation
Please note that the budget narrative should include a full description of all costs, including administrative costs or indirect costs (if applicable).
See the Budget Preparation and Submission Information section of the OJP Grant Application Resource Guide for details on the Budget Detail Worksheet, and on budget information and associated documentation, such as information on proposed subawards, proposed procurement
contracts under awards, and pre-agreement costs.
This solicitation expressly modifies the OJP Grant Application Resource Guide bynot incorporating the “Information on proposed subawards” provision in the “Budget Preparation and Submission Information” section of the OJP Grant Application Resource Guide. Specifically, OJP is suspending the requirements for CESF grant recipients to receive prior approval (either at the time of award or through a Grant Adjustment Notice) before making subawards.
For additional information regarding subawards and authorizations, please refer to the subaward section in the OJP Grant Application Resource Guide.
Please see the OJP Grant Application Resource Guide for information on the following:
4. Indirect Cost Rate Agreement (if applicable)See the Budget Preparation and Submission Information section of the OJP Grant Application Resource Guide for information.
5. Financial Management and System of Internal Controls Questionnaire (including applicant disclosure of high risk status)
6. Disclosure of Lobbying Activities
How to ApplyAn applicant must submit its application through GMS, which provides support for the application, award, and management of awards at OJP. Find information, registration, and submission steps on how to apply in GMS in response to this solicitation under How to Apply (GMS) in the OJP Grant Application Resource Guide.
E. Application Review Information
Review Process
BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, achievable, and consistent with the solicitation. See the OJP Grant Application Resource Guide for information on the application review process.
In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and consider any information about the applicant that appears in the nonpublic segment of the
BJA-2020-18553 7
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integrity and performance system accessible through the System for Award Management (SAM) (currently, the Federal Awardee Performance and Integrity Information System, FAPIIS).
Important note on FAPIIS: An applicant, at its option, may review and comment on any information about itself that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider any such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant.
Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions.
F. Federal Award Administration Information
Please see the OJP Grant Application Resource Guide for information on the following:
Federal Award Notices
Administrative, National Policy, and Other Legal Requirements OJP strongly encourages prospective applicants to review information on post-award legal requirements and common OJP award conditions prior to submitting an application.
In addition to implementing the funded project consistent with the OJP-approved application, the recipient must comply with all award conditions, and all applicable requirements of federal statutes and regulations (including applicable requirements referred to in the assurances and
certifications executed in connection with award acceptance).
For additional information on these legal requirements, see the “Administrative, National
Policy, and Other Legal Requirements” section in the OJP Grant Application Resource Guide.
Information Technology (IT) Security Clauses
General Information about Post-Federal Award Reporting Requirements
Any recipient of an award under this solicitation will be required to submit the following reports and data:
Required reports. Recipients typically must submit quarterly financial status reports, semi-annual progress reports, final financial and progress reports, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.)
See the OJP Grant Application Resource Guide for additional information on specific post-award reporting requirements.
OJP may restrict access to award funds if a recipient of an OJP award fails to report in a timely manner.
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G. Federal Awarding Agency Contact(s)
For OJP contact(s), see page 2 of this solicitation.
For contact information for GMS, see page 2.
H. Other Information
Please see the OJP Grant Application Resource Guide for information on the following:
Freedom of Information and Privacy Act (5 U.S.C. 552 and 5 U.S.C. 552a)
Provide Feedback to OJP
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Appendix A: Application Checklist
Coronavirus Emergency Supplemental Funding Program:
FY 2020 Solicitation
This application checklist has been created as an aid in developing an application.
What an Applicant Should Do:
Prior to Registering in GMS:
Acquire a DUNS Number (see OJP Grant Application Resource Guide)
Acquire or renew registration with SAM (see OJP Grant Application Resource Guide)
To Register with GMS:
For new users, acquire a GMS username and password* (see OJP Grant Application Resource Guide)
For existing users, check GMS username and password* to ensure account access (see OJP Grant Application Resource Guide)
Verify SAM registration in GMS (see OJP Grant Application Resource Guide)
Search for and select correct funding opportunity in GMS (see OJP Grant Application Resource Guide)
Register by selecting the “Apply Online” button associated with the funding opportunity title (see OJP Grant Application Resource Guide)
Read OJP policy and guidance on conference approval, planning, and reporting available at ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm (see OJP Grant Application Resource Guide)
If experiencing technical difficulties in GMS, contact the NCJRS Response Center (see page 2)
*Password Reset Notice – GMS users are reminded that while password reset capabilities exist, this function is only associated with points of contact designated within GMS at the time the account was established. Neither OJP nor the GMS Help Desk will initiate a password reset unless requested by the authorized official or a designated point of contact associated with an
award or application.
Overview of Post-Award Legal Requirements:
Review the “Overview of Legal Requirements Generally Applicable to OJP Grants and
Cooperative Agreements -FY 2020 Awards” in the OJP Funding Resource Center.
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Scope Requirement:
The eligible allocations for the FY 2020 CESF Program can be found at: https://bja.ojp.gov/program/fy20-cesf-allocations.
Eligibility Requirement:
States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments that were identified as eligible for funding under the FY 2019 State and Local JAG Program will be eligible to apply under the CESF Program solicitation. NOTE: Only the State Administering Agency that applied for FY 2019 JAG funding for a state/territory may apply for the state allocation of CESF funding.
What an Application Should Include:
Application for Federal Assistance (SF-424) (see OJP Grant Application Resource Guide)
Intergovernmental Review (see page 6)
Program Narrative (see page 7)
Budget Detail Worksheet (see page 7)
Budget Narrative (see page 7)
Indirect Cost Rate Agreement (if applicable) (see page 7)
Financial Management and System of Internal Controls Questionnaire (see OJP Grant Application Resource Guide)
Disclosure of Lobbying Activities (SF-LLL) (see OJP Grant Application Resource Guide)
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Potential Electronic Gaming Regulation PCC Revision Public Hearing
Authorization (Staff Contact: Emily S. Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: May 19, 2020 Item Number: 7.o
Attachment(s): B-1 Gaming Changes
B-2 Gaming Changes
Reviewed By:
SUMMARY:
To better regulate electronic gaming in the County, County Staff has recommended the attached
changes to the County’s Zoning Ordinance, adding “Electronic games” to Pittsylvania County
Code (“PCC”) § 35-366, Special Use Permits under B-2, and adding additional regulations to
“Other Regulations” in both B-1 (PCC § 35-356) and B-2 (PCC § 35-375) to define “electronic
gaming establishments.” At the Board’s Legislative Committee (“LC”) Meeting on May 12,
2020, the LC unanimously recommended to the full Board that it authorize County staff to
advertise the attached potential revisions to the PCC §§ 35-356, 35-365, 35-366, and 35-375.
FINANCIAL IMPACT AND FUNDING SOURCE:
Cost of Public Hearing advertisement.
RECOMMENDATION:
County Staff recommends the Board authorize County Staff to advertise the required Public
Hearing to potentially revise PCC §§ 35-356, 35-365, 35-366, and 35-375 as presented.
MOTION:
“I make a Motion authorizing County Staff to advertise the required Public Hearing to
potentially revise PCC §§ 35-356, 35-365, 35-366, and 35-375 as presented.”
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SEC. 35-352. MINIMUM OFF STREET PARKING SPACE
See regulations, Section 35-80--35-82.
SEC. 35-353. OPEN SPACE REQUIREMENTS
A minimum landscaped area on any lot shall not be less than ten percent (10%) the area of the lot. This area shall be
used to enhance the lot's appearance. The Zoning Administrator may require buffer zones as appropriate.
SEC. 35-354. LOADING SPACE
See regulations, Section 35-85.
SEC. 35-355. SIGNS
See sign regulations, Section 35-95--35-101.
SEC. 35-356. OTHER REGULATIONS
Site plans are required for all uses prior to issuance of building permit and zoning permit.
Electronic gaming establishments, as permitted by Special Use Permit, are defined as businesses, whether principal
or accessory, where three (3) or more electronic gaming machines, including but not limited to, computers and
gaming terminals, are utilized to conduct games where cash, coupons, gift cards, or any other items of value are
redeemed or distributed and that are not otherwise deemed illegal by federal or state law. This definition does not
include operations associated with the official Virginia Lottery System.
The following additional regulations shall apply to electronic gaming establishments:
1. No electronic gaming establishment shall be located within:
a. One (1) mile of any other electronic gaming establishment, tattoo and/or body piercing
establishment, or adult use;
b. Two thousand (2,000) feet from any property used as a residential dwelling;
c. One (1) mile of any school or education facility, including playgrounds, daycare facilities,
or churches; and
d. One (1) mile of any public playground, park, or library. Distance between uses shall be
measured from the nearest property line of any electronic gaming establishment and the
nearest property line of any use cited in this section.
2. Hours of operation for electronic gaming establishments shall be limited to the hours between
8:00 a.m. and 11:00 p.m.
3. There shall be one and one-half (1.5) parking spaces for each electronic gaming machine, plus
one (1) for each employee on the major shift.
4. Should any electronic gaming establishment cease or discontinue operation for a period of ninety
(90) or more consecutive days, it may not resume, nor be replaced by any other electronic gaming
establishment, unless it complies with all the requirements set forth hereinabove.
5. All federal and state legal requirement must be met.”
7.o.a
Packet Pg. 96 Attachment: B-1 Gaming Changes (2042 : Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization)
DIVISION 10. BUSINESS DISTRICT GENERAL (B-2)
SEC. 35-364. PURPOSE
This district is created to provide locations for general business and commercial enterprise whereby the public shall
require direct and frequent access, but which is not characterized by constant heavy trucking other than for stocking
and delivery of retail goods for sale at the enterprises, or by any factors other than occasioned by incidental light and
noise of congregation of people and passenger vehicles.
Uses in this district should be oriented to service to the entire County or substantial portions thereof, rather than
toward a neighborhood focus as in limited business district (B-l).
This district is limited to commercial, retail and wholesale, establishments which may have outdoor displays of
product, but not outside storage, and do not manufacture their product on the premises and have no outside storage
of materials.
SEC. 35-365. PERMITTED USES
Within the General Business District (B-2), the following uses are permitted:
accessory uses
amusement centers; game rooms, electronic games; game machines; machine arcades amusement shops
antique refinishing
antique shops
apartments in same building with business (upstairs apartment)
apparel shops
art supplies
assembly halls
bakeries
banks,
savings and loans, finance, insurance offices
barber shops, beauty shops
blacksmiths
boat clubs
bowling alleys
brick, block sales
building material sales
butcher shops
candy shops
car and vehicle wash operations
carpet cleaning
cemeteries-community and commercial
cemeteries-on joint church property
child day care centers (licensed) (Amended February 18, 1992)
churches
clubs (private)
clubs (public)
cold storage lockers, facilities
colleges
community centers, buildings
contractors offices and facilities
convenience stores
country clubs
country stores
7.o.b
Packet Pg. 97 Attachment: B-2 Gaming Changes (2042 : Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization)
County government uses such as waste collection, recycling, recreation, etc.
craft shops
custom meat cutting operations
dormitories
drive-in restaurants/walk-ins
dry cleaning and laundry
drug stores
eldercare centers, homes, facilities (licensed)
emergency services facilities-fire, rescue
feed and seed stores
flea markets
food and groceries
funeral homes and mortuaries
furniture
garages-private, storage of personal vehicles
garages-for repair of automobiles, recreational vehicles, motorcycles, trucks
gardens (private)
gasoline stations
gift shops
golf clubs, club houses
golf courses
golf courses (miniature)
golf driving ranges
greenhouses and nurseries
hardware
hobby shops and toys
home, and apartment combinations with business
homes for developmentally disabled
hospitals
laundromats
libraries
lodge halls
lodges
manses-church-owned dwelling units
manufactured/mobile home sales
marinas
medical clinics, not veterinary
milk distribution, milk and dairy products
motels, hotels, tourist, and resort facilities
museums
newsstands
non-emergency medical transport (Amended December 21, 2010)
novelty shops
nursing homes
off-street parking
offices; professionals
paint contractors
paint stores
parks
parking facilities-commercial
piers, docks-commercial
playgrounds
print shops
printing plants-newspapers only
7.o.b
Packet Pg. 98 Attachment: B-2 Gaming Changes (2042 : Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization)
radio and television stations
railroad facilities
recreational facilities (private)
recreational facilities-(public)
restaurants
roads, streets, rights-of-way, easements
sales, service, and repair of automobiles, trucks, recreational vehicles, motorcycles, farm equipment, garden
equipment, appliances, televisions, radios, phonographs, plumbing, boats, motors (gas, electrical), mobile
homes, machinery, office equipment, sewage disposal systems, tires, telephones, upholstery, watches,
jewelry, construction equipment
senior citizens homes, centers
signs-See Sections 35-95--35-101
skating rinks
sporting goods
stables, commercial riding
swim clubs
temporary uses, construction activity-including temporary buildings, portable buildings (these uses may be
limited by the County as to time)
theatres, indoor
wayside stands
woodworking
water systems
SEC. 35-366. SPECIAL USE PERMITS
The following uses shall be permitted only by special use permit:
arenas
auditoriums
cabinet shops
carnivals
circuses
dance halls
drive-in theatres
electronic games
fairs
heliports
airports
horse shows
kennels
laboratories, research facilities
machine shops, no presses
meat processing, not a slaughter house
outdoor displays, on business property
outdoor theatres
pool halls
public facilities, offices, storage yards
public garages
public utilities-including substations, power generation, water and sewer treatment
public utilities-towers, structures
raceways
radio and television towers
radio and television transmission/transmitters
schools
7.o.b
Packet Pg. 99 Attachment: B-2 Gaming Changes (2042 : Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization)
shopping centers, malls, complexes
special temporary churches (Amended December 21, 1993)
stables (private)
stadiums
veterinary clinics, hospitals
zoos and petting zoos (Amended December 21, 1993
SEC. 35-367. AREA REGULATIONS
Notwithstanding any definitive area requirement herein, the minimum permitted size of any commercial district or
commercial lot, parcel, or tract shall be subject to approval by the local Department of Health.
SEC. 35-368. MAXIMUM HEIGHT OF BUILDINGS
The maximum height of buildings in this district shall be sixty (60) feet.
Belfries, cupolas, chimneys, flues, flagpoles, television antennae, radio aerials, silos, and water tanks are exempt.
Any building or structure constructed, erected, installed, maintained shall be of an approved type in accordance with
the provisions of the Virginia Uniform Statewide Building Code as amended and the Fire Prevention Code.
SEC. 35-369. MINIMUM YARD DIMENSIONS
A. Front Setback
Setback from the nearest point of house or principal structure (including porches or any accessory buildings) shall
be thirty-five (35) feet from the edge of right-of-way.
B. Side Setback
No side setback is required except that no building, structure, accessory use or outdoor storage area shall be located
closer than twenty (20) feet from a residential district boundary. (Amended December 21, 1993)
C. Rear Setback
No rear setback is required except that no building, structure, accessory use or outdoor storage area shall be located
closer than fifty (50) feet from any type of residential use or living quarters nor residential district boundary,
SEC. 35-370. MAXIMUM FLOOR AREA
Not regulated.
SEC. 35-371. MINIMUM OFF-STREET PARKING SPACE
See Regulations, Sections 35-80--35-82.
SEC. 35-372. OPEN SPACE REQUIREMENTS
A minimum landscaped area on any lot shall not be less than ten percent (10%) the area of the lot. This area shall be
used to enhance the lot's appearance. The Zoning Administrator may require buffer zones as appropriate.
SEC. 35-373. MINIMUM LOADING SPACE
7.o.b
Packet Pg. 100 Attachment: B-2 Gaming Changes (2042 : Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization)
See Regulations, Section 35-85.
SEC. 35-374. SIGNS
See Sign Regulations, Sections 35-95--35-101
SEC. 35-375. OTHER REGULATIONS
Site plans are required for all uses prior to issuance of zoning permit and building permit.
Electronic gaming establishments, as permitted by Special Use Permit, are defined as businesses, whether
principal or accessory, where three (3) or more electronic gaming machines, including but not limited to,
computers and gaming terminals, are utilized to conduct games where cash, coupons, gift cards, or any
other items of value are redeemed or distributed and that are not otherwise deemed illegal by federal or
state law. This definition does not include operations associated with the official Virginia Lottery System.
The following additional regulations shall apply to electronic gaming establishments:
1. No electronic gaming establishment shall be located within:
a. One (1) mile of any other electronic gaming establishment, tattoo and/or body
piercing establishment, or adult use;
b. Two thousand (2,000) feet from any property used as a residential dwelling;
c. One (1) mile of any school or education facility, including playgrounds, daycare
facilities, or churches; and
d. One (1) mile of any public playground, park, or library. Distance between uses
shall be measured from the nearest property line of any electronic gaming
establishment and the nearest property line of any use cited in this section.
2. Hours of operation for electronic gaming establishments shall be limited to the hours
between 8:00 a.m. and 11:00 p.m.
3. There shall be one and one-half (1.5) parking spaces for each electronic gaming machine,
plus one (1) for each employee on the major shift.
4. Should any electronic gaming establishment cease or discontinue operation for a period
of ninety (90) or more consecutive days, it may not resume, nor be replaced by any
other electronic gaming establishment, unless it complies with all the requirements set
forth hereinabove.
5. All federal and state legal requirement must be met.”
SECS. 35-376---35-381. RESERVED
7.o.b
Packet Pg. 101 Attachment: B-2 Gaming Changes (2042 : Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: PCCA Gun Garland Road Grant MOU Approval (Staff Contact: Emily S.
Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: May 19, 2020 Item Number: 7.p
Attachment(s): MOU - Gunn Garland
Reviewed By:
SUMMARY:
The County was awarded a Community Development Block Grant (“CDBG”) Comprehensive
Community Development Planning Grant from the Department of Housing and Community
Development (“DHCD”) in the amount of $40,000 to evaluate the housing and infrastructure
needs of the Gunn Garland Road area. The activities associated with this grant will be carried
out by Pittsylvania County Community Action (“PCCA”), with the County serving as the fiscal
agent. For project to move forward, the Board is required to approve the execution of the
attached Memorandum of Understanding (“MOU”), authorizing PCCA to act as the managing
agent of the project.
FINANCIAL IMPACT AND FUNDING SOURCE:
None. All activities carried out under this MOU will be funded through the CDBG planning
grant received from DHCD.
RECOMMENDATION:
County Staff recommends the Board approve the attached MOU as presented.
MOTION:
“I make a Motion approving the execution of the attached MOU as presented.”
7.p
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Page 1 of 6
MEMORANDUM OF UNDERSTANDING CONCERNING COMMUNITY
DEVELOPMENT BLOCK GRANT PLANNING GRANT FOR GUNN
GARLAND ROAD AREA
This Memorandum of Understanding (“MOU”) entered into the ___ day of May, 2020, is
by and between Pittsylvania County, Virginia (“County”), a political subdivision of the
Commonwealth of Virginia, and Pittsylvania County Community Action (“PCCA”); individually
referred to as “Party;” collectively referred to as the “Parties.”
WITNESSETH
WHEREAS, the County was awarded a Community Development Block Grant (“CDBG”)
Comprehensive Community Development Planning Grant (“Grant”) from the Department of
Housing and Community Development (“DHCD”) in the amount of $40,000 to conduct planning
activities to evaluate the housing and infrastructure needs of the Gunn Garland Road area, and
WHEREAS, DHCD approved an extension of the original contract termination date from
June 30, 2020, to June 30, 2021, effective January 10, 2020, and
WHERAS, the County is entering into this MOU with PCCA, authorizing it to act as the
Managing Agent to carry out the activities outlined in the Planning Grant Application
(“Agreement”) that was submitted to and approved by DHCD.
THEREFORE, for consideration that both Parties deem sufficient, the Parties hereto do
mutually agree to the following terms:
1. SCOPE OF WORK; TERM: All project activities must align with the scope of work
described in the Agreement and planning grant application. This MOU’s term shall be the
life of the Agreement.
2. EXPENDITURES: All expenditures must be included and in conformance with the
budget as allocated and approved by DCHD in the executed Agreement, unless PCCA has
received explicit written approval from the County, only after the appropriate approval has
been given in writing from DHCD.
3. RECORD KEEPING: PCCA shall maintain accurate, complete, and orderly
documentation of all activities funded through this Grant, including general program files,
legal files, financial records, including receipts and invoices, project/case files with respect
to specific individual beneficiaries, property owners, and/or properties, and all other
records pertinent to this MOU and/or activities referenced in the executed Agreement
between the County and DHCD. Copies of these files should be given to the County and
the originals maintained by PCCA during the period of the Agreement with DHCD and for
a period of not less than five (5) years after the fiscal year of the Agreement or three (3)
years after the conditional closeout for the Grant, whichever is longer.
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Page 2 of 6
The County, and any other body or organization identified in Item 6. of the Agreement,
shall have access to any books, documents, papers, and records of PCCA, which are
directly pertinent to this MOU and the Agreement.
4. REPORTING: PCCA shall regularly provide reports concerning the status of the project
activities and Grant funds.
5. QUALITY CONTROL: PCCA accepts responsibility to assure that all Grant funded
activities shall be implemented with the highest possible degree of competence,
workmanship, quality, and cost effectiveness.
6. CONTRACTS; CHANGE ORDERS: The County must approve all contracts and/or
change orders for those contracts before they can be executed. All CDBG funds used for
construction or the purchase of services related to the project activities must go through a
competitive procurement process, unless the work is to be done by the County, or PCCA
has received written approval from the County or DHCD.
7. TERMINATION; SUSPENSION; CONDITIONS:
A. If through any cause, the County or PCCA fails to comply with the terms,
conditions, or requirements of this MOU or the Agreement, the other Party may
terminate or suspend this MOU by written notice specifying the date of termination
or suspension. If, after the effective date of any suspension of this MOU, it is
mutually agreeable to both Parties, upon remedy of any contract violation by either
Party, the suspension may be lifted on a specified date after the Parties have
exchanged written notices stating that a mutual understanding that cause for
suspension has been identified, agreed to, and remedied.
B. The County may terminate this MOU if the Agreement is terminated by either the
County or DHCD. PCCA may terminate this MOU, at any time, if all the following
conditions are met:
1. PCCA gives the County ten (10) days’ written notice;
2. The activities which have been initiated have either been completed and
may utilized in a manner consistent with the objectives in the Agreement,
or are currently in a stage in which the County can complete the activity;
3. All contractual obligations to third parties affected by the project can be
honored by either PCCA or the County, and
4. The County agrees to the termination.
8. CERTIFICATIONS: PCCA certifies that it will comply with the Virginia
Freedom of Information Act, Virginia Conflict of Interest Act, Virginia Fair Employment
Contracting Act, and the Virginia Public Procurement Act as required by the Agreement.
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9. DEFAULT. In addition to any and all other rights a Party may have available according
to law, if a Party defaults by failing to substantially perform any provision, term, or
condition of this MOU, the other Party may terminate the MOU by providing written notice
to the defaulting Party. This notice shall describe with enough detail the nature of the
default. The Party receiving such notice shall have thirty (30) days from the effective date
of such notice to cure the default(s). Unless waived in writing by a party providing notice,
the failure to cure the default(s) within such time period shall result in the automatic
termination of this MOU.
10. FORCE MAJURE. If performance of this MOU or any obligation hereunder is prevented,
restricted, or interfered with by causes beyond either Party's reasonable control ("Force
Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt
written notice of such event, then the obligations of the Party invoking this provision shall
be suspended to the extent necessary by such event. The term Force Majeure shall include,
without limitation, acts of God, fire, explosion, vandalism, storm, or other similar
occurrence, orders, or acts of military or civil authority, or by national emergencies,
insurrections, riots, or wars, or strikes, lockouts, or work stoppages. The excused Party
shall use reasonable efforts under the circumstances to avoid or remove such causes of non-
performance and shall proceed to perform with reasonable dispatch whenever such causes
are removed or ceased. An act or omission shall be deemed within the reasonable control
of a Party if committed, omitted, or caused by such Party, or its employees, officers, agents,
or affiliates.
11. VENUE. The legal venue for any litigation arising out of this MOU shall be the
appropriate Court in the County of Pittsylvania, Virginia.
12. ENTIRE AGREEMENT. This MOU contains the entire agreement of the Parties, and
there are no other promises or conditions in any other agreement/contract, whether oral or
written, concerning the subject matter of this MOU. This MOU supersedes any prior
written or oral agreements/contracts between the Parties.
13. SURVIVAL CLAUSE. If any provision of this MOU is held to be invalid or
unenforceable for any reason, its remaining provisions will continue to be valid and
enforceable. If a Court finds that any provision of this MOU is invalid or unenforceable,
but that by limiting such provision it would become valid and enforceable, then such
provision will be deemed to be written, construed, and enforced as so limited.
14. AMENDMENT. This MOU may be modified or amended in writing by mutual agreement
of the Parties, if the writing is signed by the Party obligated under the amendment.
15. CHOICE OF LAW. This MOU shall be construed in accordance with the laws of the
Commonwealth of Virginia.
16. NOTICES. Any notice or communication required or permitted under this Contract shall
be sufficiently given if delivered in person or by certified mail, return receipt requested, to
the address set forth below, or to such other address as one (1) Party may have furnished
to the other in writing.
7.p.a
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County PCCA
Pittsylvania County Administration Office Pittsylvania County Community Action
1 Center Street 348 North Main Street
P. O. Box 423 P.O. Box 1119
Chatham, Virginia 24531 Chatham, VA 24531
17. WAIVER. The failure of either Party to enforce any provision of this MOU shall not be
construed as a waiver or limitation of that Party's right to subsequently enforce and compel
strict compliance with every provision of this MOU.
18. LEGAL FEES. In any action arising hereunder, or any separate action pertaining to the
validity of this MOU, each Party shall its own attorneys’ fees, litigation fees, or other legal
expenses.
19. RULE OF CONSTRUCTION. The rule requiring construction or interpretation against
the drafter is waived. The MOU shall be deemed as if it were drafted by both Parties in a
mutual effort.
20. ASSIGNMENT. No assignment of PCCA’s rights under this MOU shall be made without
the County’s prior written consent. Moreover, this MOU shall inure to the benefit of, and
shall bind the heirs, successors, and assigns (if allowed) of the Parties.
21. INSURANCE REQUIREMENT. At all times, as solely determined by the County,
PCSA shall have appropriate insurance, at appropriate levels, during this MOU.
22. LIABILITIES. PCCA agrees to indemnify and save harmless the County, its officers,
agents, employees, and volunteers from any and all losses, expenses, costs and claims,
including, but not limited to, costs of investigation, all reasonable attorneys’ fees (whether
or not litigation results), and the cost of any appeal, occurring or arising in connection
PCCA, its agents’, subcontractors’, employees’, or volunteers’ negligence or wrongful acts
or omissions in connection with its performance of this MOU. Nothing contained in this
MOU shall be deemed to be a waiver of the County’s sovereign immunity.
IN WITNESS WHEREOF, the parties have caused this MOU to be duly executed
intending to be bound thereby.
PITTSYLVANIA COUNTY, VIRGINIA
By: ____________________________
Title: __________________________
Date: __________________________
APPROVED AS TO FORM:
By: ____________________________
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Title: ___________________________
Date: __________________________
PITTSYLVANIA COUNTY
COMMUNITY ACTION
By:___________________________
Title:_________________________
Date:_________________________
7.p.a
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7.p.a
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Courthouse Security Fee Increase (Staff Contact:
Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: May 19, 2020 Item Number: 10.B.1
Attachment(s):
05-19-2020 Public Hearing Notice - PCC 36-3 Couthouse Security Fee
SB149
Courthouse Fees
Reviewed By:
SUMMARY:
The Virginia General Assembly recently enacted Senate Bill (“”SB) 149, attached, revising
Virginia Code § 53.1-120, providing for an increase in the courthouse security assessment fee.
Currently, the fee is set at $10 for each criminal or traffic case in its district or circuit court in
which the defendant is convicted of a violation of any statute or ordinance. SB 149 allows for
this fee to be increased to $20, effective on and after July 1, 2020. Please see the attached red-
lined copy of the proposed revisions to Pittsylvania County Code (“PCC”) § 36-3, Courthouse
Security Fees. A Public Hearing is required to effectuate the proposed PCC revisions.
FINANCIAL IMPACT AND FUNDING SOURCE:
This increase would provide increased funding to ensure proper safety is maintained in the
Pittsylvania County Courthouse Complex.
RECOMMENDATION:
After conducting the legally required Public Hearing, County Staff recommends that the Board
approve the revisions to PCC 36-3 increasing the courthouse security fee to $20.
MOTION:
“I make a Motion to revise Pittsylvania County Code § 36-3 as presented.”
10.B.1
Packet Pg. 109
PUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday,
May 19, 2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South
Main Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to
Pittsylvania County Code § 36-3, Courthouse Security Fee. By appointment, a full text of the
proposed revisions is available in the Pittsylvania County Administration Building, 1 Center
Street, Chatham, Virginia, 24531, and on the County’s website, www.pittsylvaniacountyva.gov.
10.B.1.a
Packet Pg. 110 Attachment: 05-19-2020 Public Hearing Notice - PCC 36-3 Couthouse Security Fee (2022 : Public Hearing: Courthouse Security Fee Increase)
2020 SESSION
ENROLLED
1 VIRGINIA ACTS OF ASSEMBLY ––CHAPTER
2 An Act to amend and reenact §53.1-120 of the Code of Virginia,relating to courthouse and courtroom
3 security;assessment.
4 [S 149]
5 Approved
6 Be it enacted by the General Assembly of Virginia:
7 1.That §53.1-120 of the Code of Virginia is amended and reenacted as follows:
8 §53.1-120.Sheriff to provide for courthouse and courtroom security;designation of deputies
9 for such purpose;assessment.
10 A.Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure
11 from violence and disruption and shall designate deputies for this purpose.A list of such designations
12 shall be forwarded to the Director of the Department of Criminal Justice Services.
13 B.The chief circuit court judge,the chief general district court judge and the chief juvenile and
14 domestic relations district court judge shall be responsible by agreement with the sheriff of the
15 jurisdiction for the designation of courtroom security deputies for their respective courts.If the
16 respective chief judges and sheriff are unable to agree on the number,type and working schedules of
17 courtroom security deputies for the court,the matter shall be referred to the Compensation Board for
18 resolution in accordance with existing budgeted funds and personnel.
19 C.The sheriff shall have the sole responsibility for the identity of the deputies designated for
20 courtroom security.
21 D.Any county or city,through its governing body,may assess a sum not in excess of $10 $20 as
22 part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is
23 convicted of a violation of any statute or ordinance.If a town provides court facilities for a county,the
24 governing body of the county shall return to the town a portion of the assessments collected based on
25 the number of criminal and traffic cases originating and heard in the town.The imposition of such
26 assessment shall be by ordinance of the governing body that may provide for different sums in the
27 circuit courts and district courts.The assessment shall be collected by the clerk of the court in which the
28 case is heard,remitted to the treasurer of the appropriate county or city and held by such treasurer to be
29 appropriated by the governing body to the sheriff's office.The assessment shall be used solely for the
30 funding of courthouse security personnel,and,if requested by the sheriff,equipment and other personal
31 property used in connection with courthouse security.ENROLLEDSB149ER10.B.1.b
Packet Pg. 111 Attachment: SB149 (2022 : Public Hearing: Courthouse Security Fee Increase)
PITTSYVLANIA COUNTY CODE
SEC. 36-3. COURTHOUSE SECURITY FEES.
A. In accordance with the 2007 Session of the General Assembly of Virginia Senate enacted Bill
693 as Chapter 756 of the Acts of Assembly, which is codified as an amendment to Section 53.1-
120 of the Code of Virginia, 1950 as amended. This Act provides that any County may assess a
sum not in excess of ten (10) dollars as a part of the costs in each criminal or traffic case in its
Juvenile & Domestic Relations Court, General District Court or Circuit Court in which the
defendant is convicted of a violation of any statute or ordinance, to fund its courthouse security
personnel.
AB. NOW THEREFORE, it is hereby ordained that in this County of Pittsylvania Oon and after
July 1, 20020,7 a fee of twentyten (210) dollars is hereby and shall be assessed as part of the cost
against each defendant in a criminal or traffic case in the County’s Juvenile and Domestic
Relations Court, General District Court, or Circuit Court for each conviction or violation of a
statute or ordinance which shall be collected by the Clerk of the Court with other cost. The Clerk
shall remit the fees to the Treasurer of this County. The Treasurer shall hold such funds subject to
appropriation by this board in a special fund for courthouse security personnel.
Adopted by the Board of Supervisors on July 1, 2002.
Amended by the Board of Supervisors on July 16, 2002.
Amended by the Board of Supervisors on June 19, 2007.
10.B.1.c
Packet Pg. 112 Attachment: Courthouse Fees (2022 : Public Hearing: Courthouse Security Fee Increase)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Elimination of Fire Hydrant Fee (Staff Contact: Richard
N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 19, 2020 Item Number: 10.B.2
Attachment(s): 05-19-2020 Public Hearing Notice - Fire Hydrant Fee Removal
Fire Hydrant Fee Elimination
Reviewed By:
SUMMARY:
Currently, Pittsylvania County Code (“PCC”) § 21-7(B) (Rates, Charges, Assessments, And Fees
Billing; Publication) requires the County pay the Pittsylvania County Service Authority
(“PCSA”) an annual maintenance fee of $200 per fire hydrant that is currently located on the
water system. The adopted FY/21 County Budget eliminated the above-fire hydrant fee.
Therefore, PCC § 21-7(B) needs to be revised to eliminate the fire hydrant fee payment
requirement by the County to the PCSA. For your reference and review, attached please find a
related Public Hearing Notice and proposed revisions to PCC § 21-7(B).
FINANCIAL IMPACT AND FUNDING SOURCE:
The funds for the fire hydrant fee payment have been eliminated from the FY/21 County Budget.
RECOMMENDATION:
Following the conducting of the lawfully required Public Hearing, County Staff recommends the
Board adopt the proposed revision to PCC § 21.7(B) as presented.
MOTION:
“I make a Motion to adopt the revisions to Pittsylvania County Code § 21.7(B) as presented.”
10.B.2
Packet Pg. 113
PUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday,
May 19, 2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South
Main Street, Chatham, Virginia 24531, to receive citizen input on the potential revision of
Pittsylvania County § 21-7 to eliminate the fire hydrant fee. By appointment, a full text of the
proposed revisions is available in the Pittsylvania County Administration Building, 1 Center
Street, Chatham, Virginia, 24531, and on the County’s website, www.pittsylvaniacountyva.gov.
10.B.2.a
Packet Pg. 114 Attachment: 05-19-2020 Public Hearing Notice - Fire Hydrant Fee Removal (2017 : Public Hearing: Elimination of Fire Hydrant Fee (Staff
PITTSYLVANIA COUNTY CODE
SEC. 21-7. RATES, CHARGES, ASSESSMENTS, AND FEES BILLING; PUBLICATION.
A. Rates, Charges, Assessments, and Fees: Pursuant to authority contained in Sections 15.2-
5114(10) and 15.2-5136, Virginia Code, 1950, as amended, the PCSA shall fix, assess, charge,
and collect just and equitable rates, charges, assessments, and other fees, including, but not limited
to: water service connection charges, sewer service connection charges, water service charges,
sewer service charges, account charges, delinquent account charges, and inspection/reinspection
charges. The above-stated rates, charges, assessments, and other fees shall be subject to periodic
increase or other change, adjustment, or revision from time-to-time as determined by the PCSA,
at any regularly scheduled PCSA meeting. Such rates, charges, assessments, and other fees shall
be reviewed by the Authority periodically and shall be adjusted, if necessary, to assure that they
continue to be fair and reasonable.
B. Reserved. Fire Protection Service Charge: A fire protection service charge shall be assessed
against the political subdivision in which the Authority’s water system is constructed. Its purpose
is to defray some of the cost of installing water mains, reservoirs, and fire hydrants of sufficient
size to provide fire protection service within the project service areas and to all properties adjacent
to the system. The annual service charge shall be computed on the basis of two hundred dollars
($200) per fire hydrant. Bills for the fire protection service shall be rendered annually, at the
beginning of each fiscal year, to the respective political subdivision and its governing body.
C. Billing: Bills for the aforementioned rates, fees, and charges shall be rendered as determined
by the PCSA.
D. Publication: Any proposed change in the schedule of the aforementioned rates, fees, and
charges by the PCSA shall be published in a newspaper having general circulation in the County
in accordance with the requirements set forth in the Code of Virginia, 1950, as amended.
10.B.2.b
Packet Pg. 115 Attachment: Fire Hydrant Fee Elimination (2017 : Public Hearing: Elimination of Fire Hydrant Fee (Staff Contact: Richard N. Hicks))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: County Landfill Right-of-Way and Easement Property
Disposition (Staff Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 19, 2020 Item Number: 10.B.3
Attachment(s): 05-19-2020 Public Hearing Notice - MVP Landfill Easement
PittCo Landfill Acquisition Package Final
Reviewed By:
SUMMARY:
The County is proposing granting a permanent easement and grant of rights-of-way on publicly-
owned land located at the County Landfill, more specifically described as 454.55 total acres
located on GPIN #’s 2413-38-1912, 2413-59-6730, and 2413-47-1490 (the “Property”). Per
Virginia Code § 15.2-1800(B), the County legally is required to hold a Public Hearing prior to
any disposition of publicly owned property. For your reference and review, please find
documentation related to this matter.
FINANCIAL IMPACT AND FUNDING SOURCE:
It is proposed that the County receive $500,000 for the disposition of the Property.
RECOMMENDATION:
Following the conducting of the required Public Hearing, County Staff recommends the Board
approve the disposition of the publicly owned Property and authorize the County Administrator
sign any necessary related documentation to effectuate the same.
MOTION:
“I make a Motion to approve the disposition of the publicly owned Property and authorize the
County Administrator sign any necessary related documentation to effectuate the same.”
10.B.3
Packet Pg. 116
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, May 19,
2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South Main
Street, Chatham, Virginia 2453 1, as required by Virginia Code § 15.2-1800(B), to receive citizen
input on the proposed disposition of a right-of-way and permanent easement on County-owned
property located at the County Landfill, more specifically described as 454.55 total acres located
on GPIN #’s 2413-38-1912, 2413-59-6730, and 2413-47-1490. By appointment, related
documents are available in the Pittsylvania County Administration Building, 1 Center Street,
Chatham, Virginia, 24531, and on the County’s website, www.pittsylvaniacountyva.gov.
10.B.3.a
Packet Pg. 117 Attachment: 05-19-2020 Public Hearing Notice - MVP Landfill Easement (2035 : Public Hearing: County Landfill Right-of-Way and Easement
NON-BINDING OFFER LETTER
MOUNTAIN VALLEY PIPELINE LLC, 2220 Energy Drive, Canonsburg, PA 15317
Tract Nos.: VA-PI-035.100.AR, VA-PI-036.000, VA-PI-037.000
Date: ________________________
COUNTY OF PITTSYLVANIA, VIRGINIA
P.O. Box 426
Chatham, VA 24531
RE: Offer to Acquire Easements
Tract # VA-PI-035.100.AR, VA-PI-036.000, VA-PI-037.000
Pittsylvania County, Virginia
Southgate Pipeline Project
Tax ID#: 2413-38-1912, 2413-59-6730, 2413-47-1490
Dear COUNTY OF PITTSYLVANIA, VIRGINIA:
MOUNTAIN VALLEY PIPELINE LLC (“MVP”) hereby offers to purchase the following property
rights from you (“Landowner”), on that certain parcel of real estate located in Chatham Magisterial
District, Pittyslvania County, Virginia, being identified as Tax Map ID#(s) 2413-38-1912, 2413-59-
6730, 2413-47-1490 as set forth below:
1.Amount of Right of Way:$300,000.00
2.Amount of Damages:$200,000.00
Total Compensation:$500,000.00
The compensation amount represented above is the total amount offered for the property rights.
If your property has more than one owner, compensation will be paid proportionately to each owner’s
percentage of ownership in the property.
Acceptance of this offer can only be made by Landowner’s execution (and notarization of the
signature(s)) of all of the agreements referenced above which are included in this offer package (the
“Agreements”), and delivery of the same to MVP. If the real property is sold, encumbered, or mortgaged
before MVP records the Agreements in the appropriate county record offices, then MVP shall have the
sole right (at its election) to terminate the Agreements and this offer, and MVP shall have no obligations
to pay any compensation. This letter is only a summary of the total possible compensation, and it is
expressly understood that the compensation amounts set forth above and MVP’s obligation to pay the
same (including payments dates) are subject to the terms of the Agreements.
If you have any questions, please do not hesitate to contact your Land Agent, Michael Leonard,
at 412-855-6453, or e-mail at mleonard@equitransmidstream.com.
Sincerely,
Travis K. Garrett
Project Manager, Representing
MOUNTAIN VALLEY PIPELINE LLC
10.B.3.b
Packet Pg. 118 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
Receipt of FERC Pamphlet
MOUNTAIN VALLEY PIPELINE LLC, 2220 Energy Drive, Canonsburg, PA 15317
Tract Nos.: VA-PI-035.100.AR, VA-PI-036.000, VA-PI-037.000
The undersigned, COUNTY OF PITTSYLVANIA, VIRGINIA, of Chatham, Virginia,
Map ID#: 2413-38-1912, 2413-59-6730, 2413-47-1490 in Chatham Magisterial District,
Pittsylvania County, Virginia hereby acknowledges receipt of the Federal Energy
Regulatory Commission’s pamphlet:
“An Interstate Natural Gas Facility on My Land? What Do I Need to Know?”
The pamphlet was given to me by a Land Agent in connection with the Mountain Valley
Pipeline, LLC for the Southgate Pipeline Project.
COUNTY OF PITTSYLVANIA, VIRGINIA
By: ________________________________
Its: ________________________________
Date Received: ___________________
10.B.3.b
Packet Pg. 119 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
SG ROW VA – Rev. 3.0
Tract Nos.: VA-PI-035.100.AR, VA-PI-03.000, VA-PI-037.000 1
THIS INSTRUMENT PREPARED BY AND AFTER
RECORDING SHOULD BE RETURNED TO:
MOUNTAIN VALLEY PIPELINE, LLC
P.O. Box 14429
Greensboro, NC 27415
GPIN Tax
Assessment
Consideration
Parcel 1 2413-38-1912
Parcel 2 2413-59-6730
Parcel 3 2413-47-1490
PIPELINE RIGHT OF WAY AND EASEMENT AGREEMENT
THIS PIPELINE RIGHT OF WAY AND EASEMENT AGREEMENT
(“Agreement”), dated ___________________, 20___, is made and entered into by and between
COUNTY OF PITTSYLVANIA, VIRGINIA of P.O. Box 426, Chatham, VA 24531-0426
(“Grantor”), and Mountain Valley Pipeline LLC, a Delaware limited liability company, with
an office located at 2200 Energy Drive, Suite 200, Canonsburg, PA 15317 (“Grantee”).
FOR AND IN CONSIDERATION of the sum of one dollar ($1.00) and other good and
valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged,
Grantor grants and conveys, with covenant of General Warranty, to Grantee an exclusive
perpetual right of way and easement (“Pipeline Right of Way”) in the location depicted on “Exhibit
A” attached hereto, to lay, construct, maintain, operate, renew, alter, improve, protect, repair,
replace, change the size, remove and abandon a pipeline (“Pipeline”) for the transportation of
natural gas, their byproducts, water, and other liquids and gases, together with all necessary or
convenient rights, equipment and appurtenances thereto, including, but not limited to, above and
below ground water and utility lines and related facilities, pipeline markers, devices for cathodic
protection, slip mitigation controls, environmental and erosion controls, with ingress and egress
thereto by most convenient routes. Said perpetual Pipeline Right of Way is over, upon, and across
the lands of the Grantor being in Chatham Magisterial District, Pittsylvania County, Virginia,
which lands or part thereof were conveyed to Grantor from John M. Barksdale and Mary B.
Barksdale, husband and wife by Deed dated February 28, 1984, of record in Pittsylvania
County, Virginia in Deed Book 740, Page 358, containing 60.97 acres, more or less, being more
specifically identified as Parcel Number 2413-38-1912, and being in Chatham Magisterial
District, Pittsylvania County, Virginia, which lands or part thereof were conveyed to Grantor
from John M. Barksdale and Mary B. Barksdale, husband and wife by Deed dated February
28, 1984, of record in Pittsylvania County, Virginia in Deed Book 740, Page 358, containing 304
acres, more or less, being more specifically identified as Parcel Number 2413-59-6730, and
being in Chatham Magisterial District, Pittsylvania County, Virginia, which lands or part
thereof were conveyed to Grantor from W.H. Rogers and Jane F. Rogers, husband and wife by
Deed dated September 13, 1973, of record in Pittsylvania County, Virginia in Deed Book 578,
Page 308, containing 89.58 acres, more or less, being more specifically identified as Parcel
Number 2413-47-1490 (“Property”). Being further described as follows:
Parcel 1:
A tract of land containing 60.97 acres, more or less, located in the Chatham Magisterial
District, being more particularly described in that certain General Warranty Deed from
John M. Barksdale and Mary B. Barksdale, husband and wife, each in their own right and
as consort of the other, as Grantors, to the County of Pittsylvania, Virginia, as Grantee,
dated February 28, 1984, and recorded on April 27, 1984 in Deed Book 740, at Page 358;
and also being depicted as Tract B on that Plat of Survey recorded on September 26, 1969
10.B.3.b
Packet Pg. 120 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
SG ROW VA – Rev. 3.0
Tract Nos.: VA-PI-035.100.AR, VA-PI-03.000, VA-PI-037.000 2
in Map Book 5, at Page 96, all in the Records of the Office of the Circuit Clerk in
Pittsylvania County, Virginia.
Parcel 2:
A tract of land containing 304 acres, more or less, and being more particularly described in
that certain Deed dated February 28, 1984 from John M. Barksdale and Mary B. Barksdale,
husband and wife, each in in their own right and consort to each other, to the County of
Pittsylvania, Virginia, recorded in Deed Book 740, Page 358 in the office of the Clerk of
Court in Pittsylvania County, Virginia. Being further shown on that Plat of Survey for West
Virginia Pulp and Paper Company recorded in Map Book 6, Page 33, in the office of the
Clerk of Court in Pittsylvania County, Virginia.
Parcel 3:
A tract of land containing 89.58 acres, more or less, being more particularly described in
that certain Deed, dated September 13, 1973, from W.H. Rogers and Jane F. Rogers,
husband and wife, to the County Of Pittsylvania, Virginia, recorded in Deed Book 578,
Page 308 in the Circuit Clerk of Courts Records of Pittsylvania, Virginia. Being further
described on that certain Plat of Survey dated September 13, 1973 and recorded in Map
Book 15, Page 7 of the office of the Circuit Clerk of Court Records of Pittsylvania
County, Virginia.
1. It is understood and agreed by Grantor and Grantee that the Pipeline Right of Way
shall be fifty (50) feet in width in the location(s) as depicted on Exhibit A.
2.Grantor grants and conveys to Grantee the following temporary rights of way and
easements for the exercise of the rights granted under this Agreement: (i) a right of way and
easement of fifty (50) feet that parallels the Pipeline Right of Way; and (ii) additional temporary
workspace(s) in the location(s) depicted on Exhibit A; and (iii) right to access the Property as
required to reclaim the Pipeline Right of Way area and any other affected areas of the Property.
3.Grantor grants and conveys to Grantee the right of ingress and egress to, from and
over said Pipeline Right of Way on, over and through existing or future roads. The Pipeline
Right of Way as depicted on Exhibit A may be used for any current or future operations,
construction or maintenance.
4.Grantor and Grantee intend and agree that the Pipeline Right of Way granted
hereunder shall give Grantee the exclusive right to use and occupy the perpetual Pipeline Right of
Way in the location depicted on Exhibit A. Grantor shall not grant the right, authorization or allow
any third party the right to utilize or occupy the Pipeline Right of Way for any purpose granted or
authorized to Grantee hereunder without the Grantee’s prior written agreement. This exclusive
right may be specifically enforced by Grantee.
5.Grantor shall not place or permit to be placed any obstruction on, over or under the
Pipeline Right of Way, and Grantor shall not store or permit to be stored any materials of any kind
or operate or allow to be operated any heavy machinery or equipment (in excess of 40,000lbs)
over the easement and Pipeline Right of Way area, nor permit the Pipeline Right of Way area to be
covered by standing water, except in the course of normal seasonal water migration. Grantor shall
not change or permit to be changed the depth of cover over the Pipeline Right of Way. Subject to
the foregoing, Grantor may continue to use and enjoy the Property in any way that does not
interfere with the rights of Grantee under this Agreement.
6.Prior to crossing the Pipeline Right of Way with heavy machinery or performing
any excavation or digging, Grantor agrees to contact Grantee through the proper one call system,
Virginia 811, at least sixty (60) days before beginning any approved work on or through Pipeline
Right of Way to allow Grantee to mark Pipeline, Grantee agrees to work with Grantor to obtain a
pipeline crossing agreement that provides specifications for crossing the Pipeline to avoid
damage or undue stress.
7.Grantee shall have the right, to maintain said Pipeline Right of Way by keeping
the Pipeline Right of Way free from all trees, limbs, brush, weeds, or other undergrowth which,
in the judgment of the Grantee, might interfere with the use of said rights granted under this
Agreement.
10.B.3.b
Packet Pg. 121 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
SG ROW VA – Rev. 3.0
Tract Nos.: VA-PI-035.100.AR, VA-PI-03.000, VA-PI-037.000 3
8.Grantee, its successors or assigns, is further granted the right to replace all or any
part of the Pipeline or any portion thereof by laying such replacement within the permanent
Pipeline Right of Way of the Pipeline being replaced. At any time, no more than one pipeline
shall exist within the Pipeline Right of Way, except when construction is taking place to replace
the existing Pipeline.
9.Grantee shall have the right to make such changes in the location of the Pipeline
from time to time as may be necessary or advisable owing to road construction or relocations,
ground slips, migrating streams, or other causes beyond the control of the Grantee that are
required for safety, regulatory, or operational reasons. For any such changes required by
Grantee, Grantee shall pay a dollar amount per acre of a relocated pipeline equal to the per acre
amount paid to Grantor for the initial pipeline constructed hereunder. Grantor agrees to execute
any further amendments or instruments necessary to confirm such adjustments to the location of
the Pipeline.
10.After the initial construction and reclamation of the Pipeline, Grantee shall pay
Grantor for actual physical damages to fences, trees and growing crops occasioned anytime
Grantee utilizes the rights granted under this Agreement.
11.This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors, assigns, heirs, administrators, and executors.
12.It is hereby understood that no agreement or representation concerning this
Agreement shall be binding on the Grantee, unless expressed in writing signed by the Grantee; and
any agreements or representations, verbal or written, made by any person on behalf of either the
Grantor or the Grantee not contained in this instrument are unauthorized and do not bind the
parties. This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original and all of which shall be deemed to comprise one single instrument.
This Pipeline Right of Way shall run with the land and shall remain in force and effect until
released and relinquished by the Grantee back to the Grantor, in writing. The parties consent to
the exclusive jurisdiction of either the United States District Court for the Western District of
Virginia, for any disputes or issues arising under, or in any way related to, this Agreement.
13.Grantor shall from time to time execute and deliver such further instruments as
necessary to effectuate the rights granted under this Agreement.
(Remainder of the page intentionally left blank)
10.B.3.b
Packet Pg. 122 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
SG ROW VA – Rev. 3.0
Tract Nos.: VA-PI-035.100.AR, VA-PI-03.000, VA-PI-037.000 4
IN WITNESS WHEREOF, the Grantor has executed this Agreement as of the date first
set forth above.
GRANTOR:
COUNTY OF PITTSYLVANIA, VIRGINIA
By: ____________________________________
Its: ____________________________________
COMMONWEALTH OF VIRGINIA;
COUNTY OF ___________________:
I, _______________________________, a Notary Public in and for said County and State,
certify that _________________________, personally known to me to be the same person who
signed above, appeared before me today in said State and County, and acknowledged and
delivered the instrument to be their free act and deed. Given under my hand this ______ day of
___________________________, 20___.
My commission expires __________________________.
[SEAL]
______________________________
Notary Public
10.B.3.b
Packet Pg. 123 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
SG ROW VA – Rev. 3.0
Tract Nos.: VA-PI-035.100.AR, VA-PI-03.000, VA-PI-037.000 5
Exhibit A
Tract No. Parcel ID Acreage Exhibit Reference
VA-PI-035.100.AR 2413-38-1912 60.97 Page 6
VA-PI-036.000 2413-59-6730 304 Page 7,8
VA-PI-037.000 2413-47-1490 89.58 Page 9
10.B.3.b
Packet Pg. 124 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
6
10.B.3.b
Packet Pg. 125 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
COUNTY OF
PITTSYLVANIA,
VIRGINIA
DEED BOOK 740, PAGE 358
EXHIBIT A N
VA-PI-036.000
PARCEL ID. NO. 2413-59-6730
COUNTY OF PITTSYLVANIA, VIRGINIA
REVISIONS
GRAPHIC SCALE IN FEET
0 300300150
COUNTY OF PITTSYLVANIA, VIRGINIA
MATCHLINE
SEE SHEET 2 OF 2
PROJECT
LOCATION
VICINITY MAP (NTS)
FRANCES NONA
MONTGOMERY CREWS AND
LOIS GAIL MONTGOMERY HELD
DEED BOOK 259, PAGE 214
VA-PI-035.000
LEGEND
NOTES
LEGEND
10
0
'25'
10
0
'299'3
5
'
1
5
'
50
'
7
10.B.3.b
Packet Pg. 126 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
460'COUNTY OF
PITTSYLVANIA,
VIRGINIA
DEED BOOK 740, PAGE 358
VA-PI-036.000
PARCEL ID. NO. 2413-59-6730
MATCHLINE
SEE SHEET 1 OF 2
PITTSYLVANIA COUNTY, VA
DEED BOOK 578, PAGE 308
VA-PI-037.000
50
'
25
'51'EXHIBIT A N
COUNTY OF PITTSYLVANIA, VIRGINIA
REVISIONS
GRAPHIC SCALE IN FEET
0 300300150
COUNTY OF PITTSYLVANIA, VIRGINIA
PROJECT
LOCATION
VICINITY MAP (NTS)
LEGEND
NOTES
LEGEND
15
'
35
'126'
10
0
'200'120'76'10
0
'128'281'10
0
'
25
'
73
'159'300'
10
1
'25
'
8
10.B.3.b
Packet Pg. 127 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
COUNTY OF
PITTSYLVANIA,
VIRGINIA
DEED BOOK 578, PAGE 308
EXHIBIT A N
VA-PI-037.000
PARCEL ID. NO. 2413-47-1490
COUNTY OF PITTSYLVANIA, VIRGINIA
REVISIONS
GRAPHIC SCALE IN FEET
0 400400200
COUNTY OF PITTSYLVANIA, VIRGINIA
PROJECT
LOCATION
VICINITY MAP (NTS)
COUNTY OF PITTSYLVANIA,
VIRGINIA
DEED BOOK 740, PAGE 358
VA-PI-036.000
MARSHALL H. KENDALL
INSTRUMENT #07-09568
VA-PI-038.000
COUNTY OF PITTSYLVANIA,
VIRGINIA
DEED BOOK 740, PAGE 358
VA-PI-035.100.AR
LEGEND
NOTES
15'
50'
35'
10
0
'200'149'10
0
'202'203'
25'
25'
25'
9
10.B.3.b
Packet Pg. 128 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
Tract Nos.: VA-PI-035.100.AR, VA-PI-036.000, VA-PI-037.000
THIS PREPAID RELEASE AGREEMENT (this “Agreement”) dated that ____ day of
___________________________, 20____, is by and between Mountain Valley Pipeline LLC, a
Delaware limited liability company, with an address of 2200 Energy Drive, Suite 200, Canonsburg,
PA 15317 (“Grantee”), (“MVP”) and COUNTY OF PITTSYLVANIA, VIRGINIA, with an
address of P.O. Box 426, Chatham, VA 24531 (“Landowner”).
1.MVP intends to cause to be laid, constructed, and turned into operation a Pipeline
and Temporary Access Road across that certain tract or parcel of real property owned by
Landowner, being the land acquired by Landowner in deeds dated February 28, 1984 and
September 13, 1973, recorded in the Office of the County Clerk of Pittsylvania County, Virginia,
and containing 454.55 acres more or less (the “property”).
2.In consideration of Two Hundred Thousand Dollars and Zero Cents
($200,000.00) (the “Sum”) paid by MVP to Landowner, Landowner releases MVP (including its
officers, directors, employees, subsidiaries, agents, attorneys, representatives, affiliates, sister
companies, parent companies, insurers, assigns, predecessors, successors, and affiliated persons or
entities) from any claims for surface damages (including timber and crops) that arise from or relate
to the construction and laying of the pipeline and its related equipment, appurtenances, facilities
and infrastructure on the property.
3.This Agreement shall benefit and be binding upon MVP and Landowner and their
successors and assigns. This Agreement shall be governed by and construed in accordance with
the laws of Virginia. The terms of this Agreement shall be confidential and Landowner shall not
disclose the same to any other person or entity without prior written consent of MVP, except as
required by law or Court order. MVP’s execution of this Agreement is not an admission of liability
or wrongdoing. The parties have had opportunity to seek advice of legal counsel in the negotiation
of this Agreement, and this Agreement shall not be construed in favor of or against any party. If
any of the provisions of this Agreement are held by a court to be invalid, void or otherwise
unenforceable, the remaining provisions shall remain enforceable. Landowner shall not object to
ordinary permit filings or applications made by MVP in connection with the pipeline or any related
improvements or facilities, nor interfere with the lawful activities of MVP or its contractors or
agents on the property. This Agreement may be executed in multiple counterparts, each of which
will be deemed to be an original, and collectively shall be deemed one single agreement.
LANDOWNER:MOUNTAIN VALLEY PIPELINE, LLC
COUNTY OF PITTSYLVANIA,
VIRGINIA
Mountain Valley Pipeline LLC
By: EQM GATHERING OPCO, LLC
– Operator
By: __________________________
Kevin J. Wagner
Its: Attorney-in-Fact
By: ________________________
Its: ________________________
10.B.3.b
Packet Pg. 129 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
Tract Nos.: VA-PI-035.100.AR, VA-PI-036.000, VA-PI-037.000
ADDENDUM
(LAND OPERATION WORKSHEET)
Agreement Pursuing: Easement (PERM)
Pipeline
Footage: 5,835 Parcel ID #:
2413-38-1912,
2413-59-6730,
2413-47-1490
Landowner: County of Pittsylvania, Virginia Land Agent: Michael Leonard
As additional consideration for the execution of a Prepaid Release and a Right of Way and Easement
Agreement (the “ROW Agreement”), dated ____________________, 20____ between MOUNTAIN
VALLEY PIPELINE, LLC (“MVP”) and Landowner (as the same are defined below), the parties agree that
during or promptly after MVP’s initial construction of the Pipeline (as defined in the ROW Agreement),
MVP will undertake the following actions:
1.All brush, tree tops and slash less than 8” in diameter that MVP cuts during construction in
the easement area shall be windrowed or burned on the easement area by MVP (at its option), subject to
local ordinances and other regulatory agencies.
2.All trees over 8” in diameter that MVP cuts during construction in the easement area shall
be cut to tree length and stacked along/adjacent the easement area for Landowner’s use.
3.All tree stumps that MVP creates by cutting trees during its construction on the easement
area will be buried on the easement area, ground or removed by MVP (at its option), subject to local
ordinances and other regulatory agencies.
4.In crop fields (if any) that the easement area crosses, all stones that are 4” in diameter or
larger in the easement area will be buried on the easement area or removed by MVP (at its option).
5.Residential lawns (if any) that the easement area crosses will be restored to the condition
they were in prior to initial construction, hand raked, limed, fertilized, mulched and reseeded with lawn
seed.
6.The surface of the easement area will be restored to its original contour, limed, fertilized,
seeded and mulched in accordance with the Project’s Erosion & Sediment Control Plan.
7.MVP will install a heavy equipment crossing (Crossing) to allow equipment weighing
up to One Hundred Forty Thousand (140,000) pounds to cross the pipeline and easement area at
location indicated on Exhibit A. Landowner will have sole and complete responsibility of ensuring
that it is and its agents and contractors are fully aware of the exact location of the Pipeline and
Crossing. Any equipment weighing more than 40,000 lbs will not be permitted to cross the right of
way and easement area except at the crossing. If at any time the location of the crossing is uncertain
Landowner, and its employees, agents, contractors, subcontractors, invitees and designees are
obligated to utilize the Virginia 811 system to notify MVP of intended use and MVP will promptly
mark location of pipeline. Heavy equipment crossing locations are approximate. Exact locations are
to be determined in field during construction with landowner, its agents and MVP and its agents.
In the event that MVP does not undertake construction of the pipeline/facility project, or use the
stated access road for construction of said pipeline that is the subject of this Addendum on the Surface
Owner’s property (as described in the Release), Surface Owner shall be entitled to keep the damage payment
already made to Surface Owner; however, any and all other obligations of MVP, under this Addendum
(including as an example, but in no way limited to, obligations to set gates, repair roads, erect fences, or set
culverts) shall be null and void.
Signature Page to follow
10.B.3.b
Packet Pg. 130 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
Tract Nos.: VA-PI-035.100.AR, VA-PI-036.000, VA-PI-037.000
Executed as of the date of the Prepaid Release and ROW Agreement(s):
LANDOWNER:MOUNTAIN VALLEY PIPELINE, LLC
COUNTY OF PITTSYLVANIA,
VIRGINIA
Mountain Valley Pipeline LLC
By: EQM GATHERING OPCO, LLC
–Operator
By: __________________________
Kevin J. Wagner
Its: Attorney-in-Fact
By: ________________________
Its: ________________________
10.B.3.b
Packet Pg. 131 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff Contact: Rich)
Tract No.: VA-PI-035.100.AR, VA-PI-036.000, VA-PI-037.000
Tract No: VA-PI-035.100.AR,
VA-PI-036.000, VA-PI-037.000
Mountain Valley
Pipeline
Date: ______________
State: Virginia County: Pittsylvania
ORDER OF PAYMENT
For and in consideration of the execution of that certain Pipeline Right of Way Agreement
and Prepaid Release Agreement, dated ____________________________________, 20____, by
and between COUNTY OF PITTSYLVANIA, VIRGINIA as Grantor, and Mountain Valley
Pipeline LLC, a Delaware limited liability company, with an address of 2200 Energy Drive, Suite
200, Canonsburg, PA 15317 as Grantee. Grantee hereby agrees to pay or mail payment in the
amount of Five Hundred Thousand Dollars and Zero Cents ($500,000.00) to Grantor by
December 30, 2020. If such payment is not received by the designated date, the Right of Way and
Easement shall be null and void. All reportable payments are subject to a 28% Federal Backup
Withholding Tax should your Social Security Number not be provided. This tax will be deducted
from your payment and is non-refundable.
Signed:
GRANTOR(S):
COUNTY OF PITTSYLVANIA, VIRGINIA
By: ___________________________
Its: ___________________________
GRANTEE:
Amount of ROW: $300,000.00
Amount of Damages: $200,000.00
Total Amount Paid: $500,000.00
Mountain Valley Pipeline LLC
By: EQM GATHERING OPCO, LLC – Operator
By: __________________________
Kevin J. Wagner
Its: Attorney-in-Fact
10.B.3.b
Packet Pg. 132 Attachment: PittCo Landfill Acquisition Package Final (2035 : Public Hearing: County Landfill Right-of-Way and Easement Property Disposition
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: BB&T Franchise Tax Refund Approval (Staff Contact: Robin C. Goard)
Staff Contact(s): Robin C. Goard
Agenda Date: May 19, 2020 Item Number: 12.a
Attachment(s): BB&T Letter
Reviewed By:
SUMMARY:
BB&T Bank, now Truist Bank, filed bank franchise tax returns in 2013, 2014, and 2015 for tax
years 2012, 2013, and 2014, and paid the amount of monies indicated on those returns. BB&T
then filed amended returns for those years. The Virginia Department of Taxation originally
denied the amended filings. In October 2019, the Virginia Tax Commissioner overruled the
denials and sided with BB&T. As a result of this ruling, localities have been notified of the
corrections and amount of tax that was paid in error.
FINANCIAL IMPACT AND FUNDING SOURCE:
Per Pittsylvania County Code § 6-6.2, County Staff notified the County Administrator of a
pending refund to Truist Bank in the amount of $17,426.00 that may have an adverse effect on
County finances. The money could be refunded from the Bank Franchise Tax monies in General
Fund Line Item # 100-3-000000-120600.
RECOMMENDATION:
For the Board’s consideration.
MOTION:
For the Board’s consideration.
12.a
Packet Pg. 133
12.a.a
Packet Pg. 134 Attachment: BB&T Letter (2036 : BB&T Franchise Tax Refund Approval (Staff Contact: Robin C. Goard))
12.a.a
Packet Pg. 135 Attachment: BB&T Letter (2036 : BB&T Franchise Tax Refund Approval (Staff Contact: Robin C. Goard))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Potential Communication Urging Governor Northam to Reopen County
Businesses Discussion (Contact: Supervisor Scearce)
Staff Contact(s): Supervisor Scearce
Agenda Date: May 19, 2020 Item Number: 12.b
Attachment(s):
Reviewed By:
SUMMARY:
Supervisor Scearce will lead Board discussion of potentially sending a communication to
Governor Northam urging him to reopen County businesses.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
For the Board’s discussion and consideration.
MOTION:
For the Board’s consideration.
12.b
Packet Pg. 136
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution #2020-05-05: Cool Branch Tax Exempt Financing Utilization
Approval (Staff Contact: Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: May 19, 2020 Item Number: 12.c
Attachment(s): Cool Branch
2020-05-05 Cool Branch
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. Cool
Branch Volunteer Fire Company, Inc., desires to utilize TEB in an amount not to exceed
$586,519 to finance One (1) Pierce Enforcer Pumper, together with all attachments and
accessories.
FINANCIAL IMPACT AND FUNDING SOURCE:
County’s annual TEB allocation.
RECOMMENDATION:
For the Board’s consideration.
MOTION:
For the Board’s consideration.
12.c
Packet Pg. 137
Cool Branch Volunteer Fire Company, Inc.
PO Box 76
Penhook VA 24137
st39@pittgov.org
This meeting regarding the financing of One (1) Pierce Enforcer Pumper together with all attachments
and accessories – VIN NA by the Cool Branch Volunteer Fire Company, Inc. in the aggregate principal
amount not to exceed $586,519 is called to order at 1830 hours on April 1, 2020.
Are there any comments?
No Comments from anyone.
This meeting is adjourned at 1832 hours.
Respectfully,
Scottie Adams, President
Presiding Officer
12.c.a
Packet Pg. 138 Attachment: Cool Branch (2041 : Resolution #2020-05-05: Cool Branch Tax Exempt Financing Utilization Approval)
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2020-05-05
WHEREAS, the Pittsylvania County Board of Supervisors (the “Board”), under the United States Internal
Revenue Service (“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, Cool Branch Volunteer Fire Company, Inc., is an authorized Volunteer Fire and Rescue
Department identified in Chapter 11, Public Safety, of the Pittsylvania County Code; thereby, authorizing it to
participate in tax-exempt financing for equipment utilized by it for a public use; and
WHEREAS, Cool Branch desires to utilize tax-exempt bonds in an amount not to exceed $586,519 to
finance One (1) Pierce Enforcer Pumper, together with all attachments and accessories; and
WHEREAS, Cool Branch held a public hearing on April 1, 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 Cool Branch’s
utilization of tax-exempt bonds for financing in an amount not to exceed $586,519 to finance One (1) Pierce
Enforcer Pumper, together with all attachments and accessories; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Cool Branch to
supplement its financing requirements.
Given under my hand this 19th day of May, 2020.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
12.c.b
Packet Pg. 139 Attachment: 2020-05-05 Cool Branch (2041 : Resolution #2020-05-05: Cool Branch Tax Exempt Financing Utilization Approval)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: CPMT (Staff Contact: Cheryl J. Boswell)
Staff Contact(s): Cheryl J. Boswell
Agenda Date: May 19, 2020 Item Number: 13.a
Attachment(s): CPMT Appointment
Reviewed By:
SUMMARY:
The Pittsylvania County Community Policy and Management Team Bylaws (“CPMT”) state:
“The following member may request to appoint designees, if approved by the Pittsylvania
County Board of Supervisors: (1) Director of Community Services Board, (2) Director of
Department of Social Services, (3) Director of Health Department, (4) Director of the 22nd
District Court Services Unit, and (5) Superintendent of Pittsylvania County Schools.”
Cheryl Boswell, CSA Coordinator, will present letter from the Director of the Health Department
Dr. Spillman. He requests Katherine Waller, RN, Nursing Supervisor for the Pittsylvania-
Danville and Southside Health Districts, be appointed as a CPMT representative. Spillman also
requests that Catheryne Walker, RN, be appointed as Waller’s CPMT alternate.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board appoint Waller as a CPMT representative and Walker as her
CPMT alternate, effective May 19, 2020.
MOTION:
“I make a Motion to appoint Katherine Waller as a CPMT representative and Catheryne Walker
as her CPMT alternate, effective May 19, 2020.”
13.a
Packet Pg. 140
13.a.a
Packet Pg. 141 Attachment: CPMT Appointment (2038 : Appointment: CPMT (Staff Contact: Cheryl J. Boswell))
13.a.a
Packet Pg. 142 Attachment: CPMT Appointment (2038 : Appointment: CPMT (Staff Contact: Cheryl J. Boswell))
13.a.a
Packet Pg. 143 Attachment: CPMT Appointment (2038 : Appointment: CPMT (Staff Contact: Cheryl J. Boswell))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Dan River ASAP Board (Staff Contact: Kaylyn M.
McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 19, 2020 Item Number: 13.b
Attachment(s): Appointment of Policy Board member
Reviewed By:
SUMMARY:
Tammy Goard, Dan River ASAP Board Executive Director, request that Glenda Clark-Motley be
appointed to serve a three (3) year term as the Pittsylvania County representative on the Dan
River ASAP Board. This is a full Board appointment.
FINANCIAL IMPACT AND FUNDING SOURCE:
None
RECOMMENDATION:
County Staff recommends the Board appoint Glenda Clark-Motley to the Dan River ASAP
Board for a three (3) year term beginning on May 20, 2020.
MOTION:
“I make a Motion to appoint Glenda Clark-Motley to the Dan River ASAP Board for a three (3)
year term beginning on May 20, 2020.”
13.b
Packet Pg. 144
DAN RIVER ASAP (Alcohol Safety Action Program)
135 East Market Street
Martinsville, VA 24112
276-632-6303 phone 276-632-6304 fax
March 20, 2020
Pittsylvania County Board of Supervisors
Kaylyn McCluster, Deputy Clerk
RE: Appointment to Dan River ASAP Policy Board
Dear Ms. McCluster:
I would appreciate you bringing this to the attention of the County Board of Supervisors
members at their next meeting for the purpose of appointing Glenda Clark-Motley as
representative from the County of Pittsylvania.
The term will expire on 03/21/2020.
Your cooperation and prompt attention to this matter will be greatly appreciated.
Sincerely,
Tammy Goad
Tammy Goad,
Executive Director
Cc: Glenda Clark-Motley
13.b.a
Packet Pg. 145 Attachment: Appointment of Policy Board member (2037 : Appointment: Dan River ASAP Board (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: MPO (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): David M. Smitherman
Agenda Date: May 19, 2020 Item Number: 13.c
Attachment(s):
Reviewed By:
SUMMARY:
Per Board Bylaw Section 4.2, the Board Chairman appoints the County’s representative to the
Metropolitan Planning Organization (“MPO”). Due to Mr. Sides’ recent retirement, County
Staff recommends Chairman Warren appoint Emily S. Ragsdale, County Community
Development Director, to fill Sides’ vacant seat as the County’s MPO alternate voting member.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends Chairman Warren appoint Emily S. Ragsdale, Community
Development Director, as the County’s MPO alternate voting member.
MOTION:
Chairman Warren: “I appoint Emily S. Ragsdale as the County’s MPO alternate voting
member.”
13.c
Packet Pg. 146