06-16-2020 Business Meeting Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, June 16, 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. VDOT Truck Restriction Revised Resolution Adoption (Staff Contact: Kaylyn M.
McCluster)
c. Resolution # 2020-06-02 (Old Blairs Middle School Road Abandonment) Approval
(Staff Contact: Richard N. Hicks)
d. Proclamation: Business Appreciation Week (Staff Contact: Kaylyn M. McCluster)
e. Purchase of Service Weapon (Contact: Sheriff Taylor)
f. County/Health Department COVID-19 Testing Cost Sharing MOU Approval (Staff
Contact: Kimberly G. Van Der Hyde)
g. Administrative, Actuarial, Consulting, and Retirement Services Agreement (Staff
Contact: Kimberly G. Van Der Hyde)
h. Sheriff Memorandum of Agreement Approval (Staff Contact: Holly E. Stanfield)
i. VDOT Solid Waste Acceptance at County Landfill Approval (Staff Contact: Richard
N. Hicks)
Business Meeting - June 16, 2020
j. Brightminds Reassessment Services Contract Approval Ratification (Staff Contact:
Connie M. Gibson)
k. Fire and Rescue Insurance Contract (Staff Contact: Christopher C. Slemp)
l. Inmate Telephone Services Contract Award (Staff Contact: Connie M. Gibson)
m. New Job Description Approval (Staff Contact: Richard N. Hicks)
8. PRESENTATIONS
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
A. Rezoning Public Hearings
Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the
Board of Supervisors have been empowered to hear and decide specific zoning issues
and zoning map changes in support of said Ordinance. In accomplishing this
important task, the Board is responsible for promoting the health, safety, and general
public welfare of the citizens of Pittsylvania County. The Board must ensure that all
of its decisions and regulations be directed to these goals and that each be consistent
with the environment, the comprehensive plan, and in the best interest of Pittsylvania
County, its citizens, and its posterity.
Case 1: Public Hearing: Rezoning Case R-20-012; Beulah S. Robinson; Banister
Election District; R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Contact: Supervisor Miller)
Case 2: Public Hearing: Rezoning Case R-20-013; Jeffrey and Wendy Davis;
Callands-Gretna Election District; R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District (Contact: Supervisor Farmer)
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
Business Meeting - June 16, 2020
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: Electronic Gaming Regulations PCC Revisions (Staff Contact:
Emily S. Ragsdale)
2. Public Hearing: Board Compensation Adjustment to Comply with Virginia Code §
15.2-1414.3 (Staff Contact: David M. Smitherman)
3. Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact:
J. Vaden Hunt, Esq.)
4. Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff
Contact: Richard N. Hicks)
5. Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks)
6. Public Hearing: CARES Act Budget Amendment Public Hearing (Staff Contact:
Kimberly G. Van Der Hyde)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. APPOINTMENTS
a. Appointment: DPCS (Westover District); (Contact: Supervisor Scearce)
b. Appointment: DPCS (Dan River District); (Contact: Supervisor Davis)
c. Appointment: Library Board (Westover District) (Contact: Supervisor Scearce)
d. Appointment: Library Board (Tunstall District); (Contact: Supervisor Ingram)
14. MATTERS FROM WORK SESSION (IF ANY)
15. BOARD MEMBER REPORTS
16. COUNTY ADMINISTRATOR REPORTS
17. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Minutes (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 16, 2020 Item Number: 7.a
Attachment(s):
05-19-2020 Work Session - DRAFT
05-19-2020 Business Meeting - DRAFT
06-03-2020 Economic Development Committee Meeting - DRAFT
06-09-2020 Strategic Plan Presentation - DRAFT
Reviewed By:
7.a
Packet Pg. 4
May 19, 2020
Work Session
Pittsylvania County Board of Supervisors
Work Session
May 19, 2020
VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was
held on May 19, 2020, in the Gallery Room - Chatham Community Center, 115 South Main
Street, Chatham, Virginia. Chairman, Chatham Blairs District, Robert ("Bob") W. Warren,
called the Meeting to Order at 4:30 PM. The following Members were present:
CALL TO ORDER (4:30 PM)
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 4:10 PM
Ronald S. Scearce Vice-Chairman - Westover District Present 4:10 PM
Joe B. Davis Supervisor - Dan River District Present 4:12 PM
Timothy W. Dudley Supervisor - Staunton River District Present 4:08 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 4:09 PM
William ("Vic") Ingram Supervisor - Tunstall District Present 4:08 PM
Charles H. Miller, Jr. Supervisor - Banister District Present 4:12 PM
AGENDA ITEMS TO BE ADDED
Motion to add the following items to the Agenda:
(1) Add Potential Communication to Governor Northam Regarding Reopening County
Businesses Discussion as Item 6(b); and
(2) Add following as Item 8(b)(1):
Closed Session:
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: Kim Van Der Hyde)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(29)
Subject Matter: Reassessment
Purpose: Reassessment Contract Award Discussion
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
APPROVAL OF AGENDA
7.a.a
Packet Pg. 5 Attachment: 05-19-2020 Work Session - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 19, 2020
Work Session
Motion to Approve the Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Timothy W. Dudley, Supervisor - Staunton River District
SECONDER: William "Vic" Ingram, Supervisor - Tunstall District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
PRESENTATIONS
a. Broadband Survey Update (Staff Contact: Scott Budd); (Presenter: Jean Plymale);
(45 minutes)
Jean Plymale, Center for Innovative Technology, remotely gave an update regarding the
Broadband Survey. The presentation can be found on the County’s website at
www.pittsylvaniacountyva.gov.
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. Franklin County Fire and EMS Service Recommendation Discussion (Staff Contact:
David M. Smitherman; Christopher C. Slemp); (15 minutes)
Mr. Smitherman stated there was a recommendation from the Fire and Rescue Commission for
Franklin County to be notified, effective in ninety (90) days, that the County will cease providing
Fire and Rescue services to Franklin County if a satisfactory resolution cannot be had around
equitable funding around the two (2) Cool Branch agencies. Mr. Farmer stated he would support
this Resolution, but with the understanding that communication with Franklin County will occur
to attempt to reach a mutually agreeable related solution.
b. Potential Communication to Governor Northam Regarding Reopening County
Businesses Discussion
Mr. Smitherman stated there was conversation about communicating to the Governor the
County’s desire to reopen businesses due to the County having very few confirmed COVID-19
cases. A letter or Resolution is recommended to convey said message to the Governor. There
was consensus of the Board to send this communication to the Governor in the form of a
Resolution.
BUSINESS MEETING DISCUSSION ITEMS
CLOSED SESSION
a. Discussion or consideration of the acquisition of real property for a public purpose, or of the
disposition of publicly held real property, where discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the public body.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(3)
Subject Matter: Landfill Easement and Right-of-Ways
Purpose: Discussion of Disposition of Publicly Held Real Property
7.a.a
Packet Pg. 6 Attachment: 05-19-2020 Work Session - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 19, 2020
Work Session
b. 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.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(29)
Subject Matter: Reassessment
Purpose: Reassessment Contract Award Discussion.
Motion to enter Closed Session. The Board entered Closed Session at 5:30 PM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: Ronald S. Scearce, Vice-Chairman - Westover District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
a. Closed Session Certification
The Board returned to Open Session at 6:42 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 May 19, 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
7.a.a
Packet Pg. 7 Attachment: 05-19-2020 Work Session - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 19, 2020
Work Session
Mr. Warren adjourned the Meeting at 6:44 PM.
7.a.a
Packet Pg. 8 Attachment: 05-19-2020 Work Session - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
May 19, 2020
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
May 19, 2020
VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was
held on May 19, 2020, in the Gallery Room - Chatham Community Center, 115 South Main
Street, Chatham, Virginia. 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 ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:28 PM
Ronald S. Scearce Vice-Chairman - Westover District Present 6:28 PM
Joe B. Davis Supervisor - Dan River District Present 6:25 PM
Timothy W. Dudley Supervisor - Staunton River District Present 6:25 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 6:28 PM
William ("Vic") Ingram Supervisor - Tunstall District Present 6:31 PM
Charles H. Miller, Jr. Supervisor - Banister District Present 6:26 PM
AGENDA ITEMS TO BE ADDED
Motion to change or add the following items to the Agenda:
1. Remove item 7k, Sheriff Memorandum of Agreement, due to a clerical error;
2. Add Medical Coder Job Description to Consent Agenda Section as item 7(q);
3. Remove Agenda Item 10(B)(3), County Landfill Right-of-Way and Easement Property
Disposition Public Hearing;
4. Add Reassessment Services RFP Award to New Business Agenda Section as Item 12(d);
and
5. Add Resolution # 2020-05-07 (Resolution Supporting Potential Cessation of Funding of
Cool Branch Fire and Rescue Department Service in Franklin County, Virginia)
Approval to Matters from Work Session Agenda Section as Item 14(a).
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
APPROVAL OF AGENDA
Motion to Approve Agenda.
7.a.b
Packet Pg. 9 Attachment: 05-19-2020 Business Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
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May 19, 2020
Business Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: William "Vic" Ingram, Supervisor - Tunstall District
SECONDER: Ronald S. Scearce, VIce-Chairman - Westover District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
CONSENT AGENDA
Motion to Approve Consent Agenda with one (1) removed item and one (1) added item.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William "Vic" Ingram, Supervisor - Tunstall District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
a. 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)
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. 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)
l. PCSA Auditing Services Amendment Approval (Staff Contact: Kimberly G. Van Der
Hyde)
m. Sheriff COVID-10 Grant Submission Authority (Staff Contact: Sheriff Mike W. Taylor)
n. Potential Electronic Gaming Regulation PCC Revision Public Hearing Authorization (Staff
Contact: Emily S. Ragsdale)
o. PCCA Gun Garland Road Grant MOU Approval (Staff Contact: Emily S. Ragsdale)
p. Medical Coder Job Description (Staff Contact: Holly E. Stanfield)
7.a.b
Packet Pg. 10 Attachment: 05-19-2020 Business Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 19, 2020
Business Meeting
ITEMS REMOVED FROM AGENDA
7q. Sheriff Memorandum of Agreement Approval (Staff Contact: Holly E. Stanfield)
10B3. Public Hearing: County Landfill Right-of-Way and Easement Property Disposition (Staff
Contact: Richard N. Hicks)
PRESENTATIONS
HEARING OF THE CITIZENS
Daniel Matherly, Callands-Gretna District, Chief of Cool Branch Fire Company and First
Lieutenant of Cool Branch Volunteer Rescue Squad, requested the Board release the apparatus
funding for both agencies for a fire engine and an ambulance.
PUBLIC HEARINGS
Rezoning Public Hearings
Other Public Hearings
1. Public Hearing: Courthouse Security Fee Increase (Staff Contact: Kimberly G. Van
Der Hyde)
The Virginia General Assembly recently enacted Senate Bill (“”SB) 149, 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.
Mr. Warren opened the Public Hearing at 7:09 PM. No one signed up to speak, and Mr. Warren
closed the Public Hearing at 7:09 PM.
Motion to revise Pittsylvania County Code § 36-3 as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
2. Public Hearing: Elimination of Fire Hydrant Fee (Staff Contact: Richard N. Hicks)
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
7.a.b
Packet Pg. 11 Attachment: 05-19-2020 Business Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 19, 2020
Business Meeting
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.
Mr. Warren opened the Public Hearing at 7:11 PM. No one signed up to speak and Mr. Warren
closed the Public Hearing at 7:11 PM.
Motion to adopt the revisions to Pittsylvania County Code § 21-7(B) as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: Charles H. Miller, Supervisor - Banister District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
UNFINISHED BUSINESS
NEW BUSINESS
a. BB&T Franchise Tax Refund Approval (Staff Contact: Robin C. Goard)
Mr. Hunt recommended the Board take no action on this until Mrs. Goard can be present to
answer any questions regarding this matter.
Motion to table item.
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
b. Potential Communication Urging Governor Northam to Reopen County Businesses
Discussion (Contact: Supervisor Scearce)
Motion to approve Resolution urging Governor Northam to Reopen County Businesses.
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. Resolution #2020-05-05: Cool Branch Tax Exempt Financing Utilization Approval
(Staff Contact: Christopher C. Slemp)
Motion to approve Resolution #2020-05-05 to receive tax exempt status.
7.a.b
Packet Pg. 12 Attachment: 05-19-2020 Business Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
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May 19, 2020
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Ronald S. Scearce, VIce-Chairman - Westover District
SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
d. Reassessment Services RFP Award
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
APPOINTMENTS
a. Appointment: CPMT (Staff Contact: Cheryl J. Boswell)
Motion to appoint Katherine Waller as a CPMT representative and Catheryne Walker as her
CPMT alternate, effective May 19, 2020.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ronald S. Scearce, VIce-Chairman - Westover District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
b. Appointment: Dan River ASAP Board (Staff Contact: Kaylyn M. McCluster)
Motion to appoint Glenda Clark-Motley to the Dan River ASAP Board for a three (3) year term
beginning on May 20, 2020.
RESULT: APPROVED [UNANIMOUS]
MOVER: William "Vic" Ingram, Supervisor - Tunstall District
SECONDER: Ronald S. Scearce, VIce-Chairman - Westover District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
c. Appointment: MPO (Staff Contact: Kaylyn M. McCluster)
Mr. Warren appointed Ms. Ragsdale as the County’s MPO alternate voting member.
MATTERS FROM WORK SESSION (IF ANY)
a. Resolution # 2020-05-07 (Resolution Supporting Potential Cessation of Funding of Cool
Branch Fire and Rescue Department Service in Franklin County, VA) Approval
Motion to approve Resolution #2020-05-07.
7.a.b
Packet Pg. 13 Attachment: 05-19-2020 Business Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 19, 2020
Business Meeting
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
BOARD MEMBER REPORTS
Dr. Miller stated he appreciates the leadership Mr. Smitherman and Mr. Warren have given
during the COVID crisis. Mr. Davis thanked County Staff for doing a great job and recognized a
student from his District, who is a Dan River High School 2020 graduate and will be attending
Harvard in the Fall. Mr. Farmer addressed all citizens and stated the Board approved a
Resolution that will be sent to the Governor to attempt to reopen businesses in our County sooner
than other localities. Mr. Ingram recognized F.A. Keatts and recognized Police Week. He also
spoke on Robert Mills being present to speak at the White House earlier today, he thanked Mr.
Matherly for being present at the Meeting, and he thanked healthcare workers for all they do.
Mr. Dudley stated he is glad that we have made it this far during this pandemic and to keep
moving forward. He is thankful for the economic development announcement in Hurt and
thanked the Board for their support. Mr. Dudley also stated that he and the Town of Hurt
continue to feed children in Hurt and plan to continue until school recommences. Mr. Scearce
recognized Robert Mills and urged everyone to watch the related news conference. Mr. Warren
stated he continues to keep the F.A. Keatts family in prayer and recognized Robert Mills
speaking at the White House earlier today. Mr. Warren also stated he is very impressed with the
announcement in Hurt and urged everyone to take the time and visit Wayside Park. He also
thanked Delegate Danny Marshall for his years of service on the Tobacco Commission, and he
thanked his colleagues and he supports 100% sending the Resolution to Governor. Finally,, Mr.
Warren also recognized Dr. Miller on his second doctorate.
COUNTY ADMINISTRATOR REPORTS
Mr. Smitherman stated that Delegate Marshall was the County’s best advocate on the team, and
he will be missed. He is very pleased at the Staunton River Plastics announcement in Hurt and
stated it was a long time coming. The County is currently in the process of hiring new EMS
service providers, beginning July 1, 2020. The Food Pantry at the Pet Center has raised more
than $100,000 for animal relief during this pandemic. Last Thursday there were about fifty (50)
animals in the Pet Center. Soon many businesses will start to see our Economic Development
Staff in their places of business. They will be delivering COVID supplies and are currently
working with the City of Danville to fund a mask and toolkit campaign. The County’s Economic
Development Staff will also be going around to introduce themselves, and passing out masks,
floor markings, and asking if there is anything else they can help with.
ADJOURNMENT
Mr. Warren adjourned the Meeting at 7:41 PM.
7.a.b
Packet Pg. 14 Attachment: 05-19-2020 Business Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Economic Development Committee Meeting
June 3, 2020
Pittsylvania County Board of Supervisors
Economic Development Committee
Wednesday, June 3, 2020
VIRGINIA: The Economic Development Committee of the Pittsylvania County Board
of Supervisors was held on Wednesday, June 3, 2020, in the Gallery Room of the Chatham
Community Center, 115 South Main Street in Chatham, Virginia 24531. Robert “Bob” W.
Warren, Chairman, called the Meeting to Order at 4:30 PM. The following Committee Members
were present:
Robert W. “Bob” Warren
Ronald S. Scearce
Timothy W. Dudley
The following Board Members were also present:
Joe B. Davis
Charles H. Miller, Jr.
David M. Smitherman, County Administrator and Clerk of the Board; Matthew D. Rowe,
Economic Development Director; and Kaylyn M. McCluster, Deputy Clerk, were also present.
Approval of Agenda
Motion by Mr. Dudley, seconded by Mr. Scearce, to approve Agenda, which was
unanimously approved by the Committee.
New Business
(a) CRF Business Visits Update
Mr. Rowe stated that he and Ms. McCulloch have been visiting area businesses, passing
out yard signs, floor stickers, magnets, and such items that highlight the guidelines for businesses
to be open and what is expected of citizens while being in public. The purpose is to bring
awareness and educate everyone.
(b) Morgan Olson Update
Mr. Rowe stated that Steve Parker, Morgan Olson Plant Manager, gave a tour last week
and Morgan Olson has exceeded 275 employees so far. They are closing in on their investment
numbers and are on schedule. There is steady activity in the building, and it is an impressive
facility.
(c) Industrial Site Inventory Review/Discussion
Mr. Rowe discussed how the available County sites are only as good as the competitor’s
sites. The County does not have a lot of rail sites that are available in the Region. The County’s
Economic Development Staff is in the process right now of working with the County
Administrator and looking at a plan to create a portfolio of sites to see what is needed to acquire
7.a.c
Packet Pg. 15 Attachment: 06-03-2020 Economic Development Committee Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Economic Development Committee Meeting
June 3, 2020
another rail site. Many businesses look for a rail site to be included and, if the County does not
have any to offer, the County is automatically excluded from their list of options.
(d) Megasite Marketing Discussion
Mr. Rowe stated there has been significant interest at the Megasite, especially with the
improvements that the Board has made, with partnership with the City. Mr. Rowe stated it is
important that they are providing the quality of the site video, that clearly demonstrates the
quality of the site. There are other sites that are nowhere up to par with this site, but their
marketing material is fantastic. County Economic Development Staff is working with a Grant to
improve this issue and to showcase improvements to the Region’s Airport. They are also
improving the signage for the Megasite, and they plan to create a stand alone website to promote
and showcase the Megasite.
Closed Session
Motion was made by Mr. Scearce, seconded by Mr. Dudley, to enter Closed Session.
A. 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.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Projects FX, Red, Turkey, and Tulip
Purpose: Discussion of Prospective Businesses
B. Consultation with legal counsel and briefings by staff members or consultants
pertaining to actual or probable litigation, where such consultation or briefing in open
meeting would adversely affect the negotiating or litigating posture of the public body.
For the purposes of this subdivision, "probable litigation" means litigation that has been
specifically threatened or on which the public body or its legal counsel has a reasonable
basis to believe will be commenced by or against a known party. Nothing in this
subdivision shall be construed to permit the closure of a meeting merely because an
attorney representing the public body is in attendance or is consulted on a matter.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(7)
Subject Matter: Doomsday Tackle
Purpose: Consultation with Legal Counsel and/or Staff
Briefing Regarding Breach of Performance
Agreement
C. Discussion or consideration of the investment of public funds where competition
or bargaining is involved, where, if made public initially, the financial interest of the
governmental unit would be adversely affected.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(6)
Subject Matter: Spectrum Consulting
Purpose: Contract Negotiations
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. Nothing in
7.a.c
Packet Pg. 16 Attachment: 06-03-2020 Economic Development Committee Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Economic Development Committee Meeting
June 3, 2020
this subdivision shall be construed to permit the closure of a meeting merely because an
attorney representing the public body is in attendance or is consulted on a matter.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Lead Generation Strategy
Purpose: Consultation with Staff
The Committee entered Closed Session at 4:55 PM.
The Committee returned to Open Session at 6:24 PM.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Economic Development Committee Meeting of the
Pittsylvania County Board of Supervisors on June 3, 2020, the Committee hereby certifies by a
recorded vote that to the best of each Committee 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 Committee 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 Committee’s
Minutes.
Vote
Ronald S. Scearce Yes
Timothy W. Dudley Yes
Robert (“Bob”) W. Warren Yes
Adjournment
The Meeting adjourned at 6:25 PM.
7.a.c
Packet Pg. 17 Attachment: 06-03-2020 Economic Development Committee Meeting - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
June 9, 2020
Pittsylvania County Board of Supervisors
Special Meeting
VIRGINIA: The Pittsylvania County Board of Supervisors held a Joint Meeting with the
City of Danville City Council for the Strategic Plan Presentation on Tuesday, June 9, 2020, at the
Institute for Advanced Learning and Research located at 150 Slayton Avenue, Danville, Virginia
24540. Robert W. Warren, Chairman, called the Meeting to Order at 5:00 PM. The following
Members were present:
Timothy W. Dudley Staunton River District
Joe B. Davis Dan River District
Ben L. Farmer Callands-Gretna District
Ronald S. Scearce Westover District
William “Vic” Ingram Tunstall District
Robert (“Bob”) W. Warren Chatham-Blairs District
David M. Smitherman, County Administrator and Clerk of the Board; J. Vaden Hunt Esq.,
County Attorney; and Matthew D. Rowe, Economic Development Director, were also present.
Ted Abernathy and Brian Bradner presented the Strategic Plan Presentation to the Board and
City Council. Various City Council Members and Board Members asked questions related to the
Strategic Plan. The steering committee is to reconvene and propose a structure and membership for a
regional economic development partnership organization.
Adjournment
Mr. Warren adjourned the Meeting at 7:00 PM.
__________________________________________
Robert (“Bob”) W. Warren, Chair
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.a.d
Packet Pg. 18 Attachment: 06-09-2020 Strategic Plan Presentation - DRAFT (2073 : Minutes (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: VDOT Truck Restriction Revised Resolution Adoption (Staff Contact:
Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 16, 2020 Item Number: 7.b
Attachment(s): 2020-06-01 No Through Trucks
Reviewed By:
SUMMARY:
On February 18, 2020, the Board held a Public Hearing to hear citizen input for potential “No
Through Truck Restrictions” on Silver Creek Road. Following said Public Hearing, the Board
unanimously voted to adopt Resolution # 2020-02-02 in support of the said potential restrictions.
Jay Craddock, VDOT, has recently notified County Staff that special language is required to be
included in the Resolution stating: “Pittsylvania County, Virginia, will use its good offices for
enforcement of the proposed restriction by the appropriate law enforcement agency.” Said
language has been added to Resolution # 2020-06-01, attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve attached Resolution # 2020-06-01 as presented.
MOTION:
“I make a Motion to approve attached Resolution # 2020-06-01 as presented.”
7.b
Packet Pg. 19
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2020-06-01
NO THROUGH TRUCKS – SILVER CREEK ROAD
__________________________________________________________________________________________
WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (“Board”) held on
Tuesday, June 16, 2020, in the Gallery Room of the Chatham Community Center, the following Resolution was
presented and adopted:
WHEREAS, numerous citizens have complained to the Board about heavy truck traffic on Silver Creek
Road; and
WHEREAS, the citizens requested that the Board consider “No Thru Truck” signs on this road to improve
the safety and welfare of the community, protect the children and school buses on the road, and reduce the
potential of serious accidents on this secondary road; and
WHEREAS, the Board held a public hearing on Tuesday, February 18, 2020, to receive citizen input on
the consideration of “No Thru Trucks” on Route 868 (Silver Creek Road from Rt. 869 (Stony Mill Road) to Rt.
844 (Mt. Cross Road); (1.72 miles total distance); and
WHEREAS, said Public Hearings was held in accordance with § 46.2-809, Code of Virginia, 1950, as
amended, and received the required citizen input and has recommended an alternate to the Commonwealth of
Virginia; and
WHEREAS, Pittsylvania County, Virginia, will use its good offices for enforcement of the proposed
restriction by the appropriate law enforcement agency; and
BE IT HEREBY RESOLVED, that the Board requests the Virginia Department of Transportation
(“VDOT”) to place truck restrictions and “No Thru Truck” traffic signs on each end of Route 868 (Silver Creek
Road) and from Rt. 869 (Stony Mill Road) to Rt. 844 (Mt. Cross Road); (1.72 miles total distance) in Pittsylvania
County with an Alternate route as follows: from the Rt. 869/Rt. 868 intersection, take Rt. 869 North to Rt. 844,
then go East on Rt. 844 to Rt. 844/Rt. 868 intersection (2.5 miles total distance). The proposed restriction will be
on any truck, truck and trailer, or semi-trailer combination, except a pickup truck or panel truck; and
NOW, THEREFORE, BE IT RESOLVED, that a copy of this Resolution be forwarded to VDOT’s
Lynchburg District Office.
Given under my hand this 16th day of June, 2020.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
___________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.b.a
Packet Pg. 20 Attachment: 2020-06-01 No Through Trucks (2069 : VDOT Truck Restriction Revised Resolution Adoption (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2020-06-02 (Old Blairs Middle School Road Abandonment)
Approval (Staff Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 16, 2020 Item Number: 7.c
Attachment(s):
2020-06-02 Blairs School Abandonment
Final Subdivision Plat Lofts at Blairs
05-19-2020 NOTICE OF INTENT TO ABANDON ROAD
06-16-2020 Notice of Intent to Abandon Road
Reviewed By:
SUMMARY:
The Developers working on the Old Blairs Middle School Project discovered that the driveway
providing access to the front of the property was being maintained by VDOT as a public right-of-
way. The Developers contacted the County requesting that this portion of road be abandoned. In
April of 2020, the Board authorized moving forward with the abandonment of the road and, as
legally required, the advertising of such for a thirty (30)-day period. During the thirty (30) days,
County Staff has received no comments or requests for a Public Hearing. Attached for your
review and consideration is Resolution # 2020-06-02 requesting abandonment of the
aforementioned road that will be sent to VDOT for formal approval.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2020-06-02, attached, requesting the
aforementioned road abandonment as presented.
MOTION:
“I make a Motion to adopt the Resolution # 2020-06-02, attached, as presented.”
7.c
Packet Pg. 21
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION 2020-06-02
REQUEST TO ABANDON PORTION OF SR 9524 (RIGHT-OF-WAY SERVING THE
CIRCULAR DRIVEWAY OF THE OLD BLAIRS MIDDLE SCHOOL)
______________________________________________________________________________
The Pittsylvania County Board of Supervisors (“B o a rd ”), at its June 16, 2020,
Business Meeting, adopted the following:
WHEREAS, Public Notice was posted as prescribed under § 33.2-909, Code of Virginia,
1950, as amended, announcing the Board’s int ent to abandon the r oad described
below from the sec ondary system of state hi ghways, and offering to hold a
Public Hearing on the same, if so requested by any interested party; and
WHEREAS, the Commissioner of the Virginia Department of Transportation (“VDOT”)
was provided the prescribed notice of this Board's intent to abandon the subject section of road;
and
WHEREAS, no person requested a public hearing on this matter during the statutory
posting Notice Period; and
WHEREAS, after considering all evidence available, this Board is satisfied that no
public necessity exists for the continuance of the f o l l o w i n g p o r t i o n o f S R 9 5 2 4
and public right-of-way: the 30 foot VDOT right-of-way that served as the circular driveway for
the Old Blairs Middle School in Blairs, Virginia, as shown on the plat drawn by B&B Consultants,
Inc., and Jones & Associates, dated February 17, 2020, and entitled “Boundary Survey of a New
Lot Totaling 5.93 Acres, located in The Blairs District, Pittsylvania County, Virginia,” and hereby
deems that section of road is no longer necessary as a part of the secondary system of state
highways.
NOW, THEREFORE, BE IT RESOLVED, this Board abandons t h e above-described
section of road and removes it from the secondary system of state highways, subject to VDOT
approval, pursuant to § 33.2-909, Code of Virginia, 1950, as amended; and
WHEREAS, t h i s Board has provided VDOT with a plat dated February 17,
2020, depicting the above-referenced portion of the secondary system of state highways to be
abandoned, which plat is hereby incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, this Board requests t hat VDOT abandon
the portion of the secondary system of state highways identified on the attached plat, pursuant
to §33.1-229, Code of Virginia, 1950, as a m end ed; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to
VDOT.
Given under my hand this 16th day of June, 2020.
7.c.a
Packet Pg. 22 Attachment: 2020-06-02 Blairs School Abandonment (2077 : Resolution # 2020-06-02 (Old Blairs School Road Abandonment) Approval (Staff
____________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
____________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.c.a
Packet Pg. 23 Attachment: 2020-06-02 Blairs School Abandonment (2077 : Resolution # 2020-06-02 (Old Blairs School Road Abandonment) Approval (Staff
7.c.b
Packet Pg. 24 Attachment: Final Subdivision Plat Lofts at Blairs (2077 : Resolution # 2020-06-02 (Old Blairs School Road Abandonment) Approval (Staff Contact: Richard N. Hi)
NOTICE OF INTENT TO ABANDON ROAD
Pursuant to §33.2-909 of the Code of Virginia, 1950, as amended, the Pittsylvania County Board
of Supervisors (“BOS”), at its regularly scheduled Business Meeting on Tuesday, April 21, 2020,
unanimously determined that no public necessity exists for the continuation of the following public
road and right-of way, and therefore directed its notice of willingness to abandon the same be sent
to the Virginia Department of Transportation (“VDOT”) Commissioner. The road and public
right-of-way the BOS intends to abandon is described as follows: the 30 foot VDOT right-of-way
that served as the circular driveway for the Old Blairs Middle School in Blairs, Virginia, as shown
on the plat drawn by B&B Consultants, Inc., and Jones & Associates, dated February 17, 2020,
and entitled “Boundary Survey of a New Lot Totaling 5.93 Acres, Located in The Blairs District,
Pittsylvania County, Virginia.” By appointment, the complete road abandonment file, including a
detailed plat, is available for inspection in the Office of the Pittsylvania County Administrator, 1
Center Street, Chatham, Virginia, Monday through Friday between the hours of 8:00 a.m. and 5:00
p.m. If any individual wishes to petition for a Public Hearing before the BOS of or related to the
above referenced road abandonment, please contact the Pittsylvania County Administrator at
David.Smitherman@pittgov.org, or (434) 432-7710.
7.c.c
Packet Pg. 25 Attachment: 05-19-2020 NOTICE OF INTENT TO ABANDON ROAD (2077 : Resolution # 2020-06-02 (Old Blairs School Road Abandonment)
STARTB1BUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has beenub-lished once a week for 02 successive
weeksP
in the Star-Tribune,
a newspaper published at the Chatham office in Pittsylvania County,Virginia, beginning on MayAy
6 20n2O, and endingon1320a.
Chad H. ' : uklisher
Editor, acting agent for the publisher
U AL' l 20020
DANA ZHANE'MOTLEY
NOTARY PUBLIC lREGISTRATION#7
COMMONWEALTH OF RGINIA 1)STATE OF VIRGINIA, AT LARGE I MYCOMMISSION EXPIRESAPRIL 30.2022
County of Pittsylvania, To-wit:
The foregoing instrument was acknowledged before me this
day of by 010.61-4/ht-14SOn
My commission expires 3 () J ,(9•0,-%Q_
Notary Public
28 N. Main Street Tel.: (434) 432-2791
P.O. Box 111 Fax: (434) 432-4033
Chatham, VA 24531 legals@chathamstartribune.com
7.c.d
Packet Pg. 26 Attachment: 06-16-2020 Notice of Intent to Abandon Road (2077 : Resolution # 2020-06-02 (Old Blairs School Road Abandonment) Approval (Staff
iVTI VF INTENT
TO ABANDON " -iOAD
Pursuant to §33.2-909 of the Code of Virginia, 1950, as
amended, the Ptttsylvania County Board of Supervisors
BOS"), at its regularly scheduled Business Meeting on
Tuesday, April 21, 2020, unanimously determined that no
public necessity exists for the continuation of the hollowing
public road and right-of way,and therefore directed its notice
of willingness to abandon the same be sent to the Virginia
Department of Transportation ('VDOT") Commissioner. The
road and public right-of-way the BOS intends to abandon
is described as follows: the 30 foot VDOT right-of-way that
served as the circular driveway for the Old Blake Middle
School in Blairs,Virginia,as shown on the plat drawn byB&B
Consultants, Inc., and Jones &Associates, dated February
17,2020,and entitled"BoundarySurvey ofa New Lot Totaling
5.93Acres,Located in The Blairs District,Pittsytvania County,
Virginia."By appointment, the complete road abandonment
file, induding a detailed plat, is available for inspection in
the Office of the Pittsylvania County Mminlet aator, 1 Center
Street, Chatham, Virginia, Monday through Friday between
the hours of 8:00 a.m.and 5:00 p,m.Ifany individual wishes
to petition for a Public Hearing before the BOS ofor related
to the above referenced;road abandonment, please contact
the Pittsylv+anla CountyAdministrators David.Smithennantt
pittgovorg,or(434)432-7710.
7.c.d
Packet Pg. 27 Attachment: 06-16-2020 Notice of Intent to Abandon Road (2077 : Resolution # 2020-06-02 (Old Blairs School Road Abandonment) Approval
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Proclamation: Business Appreciation Week (Staff Contact: Kaylyn M.
McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 16, 2020 Item Number: 7.d
Attachment(s): 06-16-2020 Business Appreciation Week
Reviewed By:
SUMMARY:
Annually, the Board, in cooperation with the Danville-Pittsylvania County Chamber of
Commerce, sets up and supports Business Appreciation Week. Attached is a Proclamation
designating the week of June 8 - 12, 2020, as “Business Appreciation Week” in the County.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve the attached Proclamation designating the week of
June 8 - 12, 2020, as “Business Appreciation Week” in the County.
MOTION:
“I make a Motion to approve the attached Proclamation designating the week of June 8 - 12,
2020, as “Business Appreciation Week” in the County.”
7.d
Packet Pg. 28
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
PROCLAMATION
BUSINESS APPRECIATION WEEK
JUNE 8 - 12, 2020
WHEREAS, Pittsylvania County, Virginia (“County”), is pleased to have a thriving base
of business and industry to support the local economy; and
WHEREAS, these businesses provide essential employment opportunities for County
citizens; and
WHEREAS, these businesses provide local revenues from which the entire local
citizenry benefit; and
WHEREAS, these businesses also make significant contributions in the County to
promote educational opportunities for County children and promote a variety of activities
which increase the quality of life of the County; and
WHEREAS, the Pittsylvania Board of Supervisors (“Board”) and County citizens
recognizes and appreciates these businesses; then
NOW, THEREFORE, the Board does hereby proclaim the week of June 8 - 12, 2020,
as “Business Appreciation Week” in the County; and
BE IT FURTHER PROCLAIMED, that a copy of this Proclamation be forwarded to
local media sources.
Given under my hand this 16th day of June, 2020.
_____________________________________
Robert “Bob” W. Warren, Chairman
Pittsylvania County Board of Supervisors
_______________________________________
David M. Smitherman
Clerk, Pittsylvania County Board of Supervisors
7.d.a
Packet Pg. 29 Attachment: 06-16-2020 Business Appreciation Week (2051 : Proclamation: Business Appreciation Week (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Purchase of Service Weapon (Contact: Sheriff Taylor)
Staff Contact(s): Sheriff Taylor
Agenda Date: June 16, 2020 Item Number: 7.e
Attachment(s): Request to Purchase Service Weapon
Reviewed By:
SUMMARY:
Over the years, the Board has approved requests from retiring Sheriff’s Deputies to purchase
their service weapons, if said Deputy meets the requirements of Virginia Code § 59.1-148.3.
Attached please find a letter from the Honorable Mike Taylor, County Sheriff, requesting that
Deputy Christopher Brown (“Deputy Brown”) be able to purchase his service weapon upon his
retirement, effective June 30, 2020.
FINANCIAL IMPACT AND FUNDING SOURCE:
The service weapons will be purchased for $1.00.
RECOMMENDATION:
County Staff recommends the Board approve Sheriff Taylor’s transfer of service weapon to
Deputy Brown for $1.00.
MOTION:
“I make a Motion to approve Sheriff Taylor’s transfer of service weapon to Deputy Brown for
$1.00.”
7.e
Packet Pg. 30
7.e.a
Packet Pg. 31 Attachment: Request to Purchase Service Weapon (2049 : Purchase of Service Weapon (Contact: Sheriff Taylor))
7.e.a
Packet Pg. 32 Attachment: Request to Purchase Service Weapon (2049 : Purchase of Service Weapon (Contact: Sheriff Taylor))
7.e.a
Packet Pg. 33 Attachment: Request to Purchase Service Weapon (2049 : Purchase of Service Weapon (Contact: Sheriff Taylor))
7.e.a
Packet Pg. 34 Attachment: Request to Purchase Service Weapon (2049 : Purchase of Service Weapon (Contact: Sheriff Taylor))
7.e.a
Packet Pg. 35 Attachment: Request to Purchase Service Weapon (2049 : Purchase of Service Weapon (Contact: Sheriff Taylor))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: County/Health Department COVID-19 Testing Cost Sharing MOU
Approval (Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: June 16, 2020 Item Number: 7.f
Attachment(s): Health Dept-covidtestingmou
Reviewed By:
SUMMARY:
Recently, the Pittsylvania/Danville Health District (“Health District”) requested financial
assistance from the County for purchasing testing kits and conducting COVID-19 tests of County
citizens. Attached is a Memorandum of Understanding (“MOU”) that outlines the
responsibilities of the County and the Health District concerning said testing.
FINANCIAL IMPACT AND FUNDING SOURCE:
The County will provide a total of $200,000 to the Health District for COVID-19 testing of
County residents. Said funds will come from the Coronavirus Relief Fund.
RECOMMENDATION:
County Staff recommends that the Board approve the attached MOU with the Health District to
provide COVID-19 testing for County residents for a total of $200,000.
MOTION:
“I make a Motion to approve the attached MOU with the Health District as presented.”
7.f
Packet Pg. 36
7.f.a
Packet Pg. 37 Attachment: Health Dept-covidtestingmou (2074 : County/Health Department COVID-19 Testing Cost Sharing MOU Approval)
7.f.a
Packet Pg. 38 Attachment: Health Dept-covidtestingmou (2074 : County/Health Department COVID-19 Testing Cost Sharing MOU Approval)
7.f.a
Packet Pg. 39 Attachment: Health Dept-covidtestingmou (2074 : County/Health Department COVID-19 Testing Cost Sharing MOU Approval)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Administrative, Actuarial, Consulting, and Retirement Services
Agreement (Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: June 16, 2020 Item Number: 7.g
Attachment(s): Pittsylvania County GASB 75 - 2020 fee agreement
Reviewed By:
SUMMARY:
McGriff Insurance Services, Inc., provides actuarial services related to the County’s Other Post-
Employment Benefits. This financial data is required to be a part of the County’s
Comprehensive Financial Report based on the GASB 75 pronouncement. This service includes
information on all entities who fall under the County’s insurance plan, specifically the County
Schools, Town of Gretna, and the County.
FINANCIAL IMPACT AND FUNDING SOURCE:
The total of the attached Service Agreement equals $7,500.00 and said cost will be
proportionately shared among the County Schools, Town of Gretna, and the County. The
County’s share has already been included in the FY2021 County Budget.
RECOMMENDATION:
County Staff recommends that the Board approve the execution of the attached Service
Agreement with McGriff Insurance Services, Inc., as presented.
MOTION:
“I make a Motion to approve the execution of the attached Service Agreement with McGriff
Insurance Services, Inc., as presented.”
7.g
Packet Pg. 40
1
ADMINISTRATIVE, ACTUARIAL, CONSULTING, AND RETIREMENT
SERVICES AGREEMENT
This Administrative, Actuarial, Consulting, and Retirement Services Agreement (“Agreement”
or “ASA”) is entered into by and between Pittsylvania County (the “Employer”), with its
principal place of business at 1 Center Street P.O. Box 426, Chatham, VA 24531, and McGriff
Insurance Services, Inc. (“McGriff”), a North Carolina corporation, with places of business at
7701 Airport Center Drive, Greensboro, NC 27409 and at 111 Millport Circle, Greenville, SC
29607 (collectively, the “Parties”), as of June 2, 2020 (the “Effective Date”).
Recitals
1. Administrative Services for Flexible Spending Accounts, Related Plans, and
COBRA:
WHEREAS, the Employer has established the following employee benefit plan(s) and/or desires
certain administrative services relating to its employee benefit plan(s) (identified with an X and
described in one or more identified “A” Appendices to this Agreement):
Flexible Spending Accounts (“FSAs”): accounts for reimbursement of certain medical
benefits (“Health FSA”) and/or child care benefits (“Dependent Care FSA”) that may be funded
with employee or employer contributions. If FSA services are selected, Appendix A-1, which
describes additional FSA services and associated fees, is incorporated into this Agreement. Also,
unless the Employer is a church or a governmental employer, the Employee Retirement Income
Security Act of 1974 (“ERISA”) Appendix, Appendix A-8, is incorporated into this Agreement
solely with respect to certain Health FSA services.
Health Reimbursement Arrangements (“HRAs”): accounts for reimbursement of certain
medical expenses that are funded with employer contributions. If HRA services are selected,
Appendix A-2, which describes additional HRA services and associated fees, is incorporated
into this Agreement. Also, unless the Employer is a church or a governmental employer, the
ERISA Appendix, Appendix A-8, is incorporated into this Agreement with respect to certain
HRA services.
Health Savings Accounts (“HSAs”): individual employee-owned accounts to pay for
certain medical expenses that may be contributed to by employees, or by employers where the
employee is covered by a high-deductible health plan (“HDHP”). HSAs under this Agreement
are not covered by ERISA. If HSA services are selected, Appendix A-3, which describes
additional HSA services and associated fees, is incorporated into this Agreement.
Transportation Spending Accounts (“TSAs”): accounts intended to provide transit passes
and/or qualified parking to employees of the Employer. TSAs are not covered by ERISA. If TSA
services are selected, Appendix A-4, which describes additional TSA services and associated
fees, is incorporated into this Agreement.
7.g.a
Packet Pg. 41 Attachment: Pittsylvania County GASB 75 - 2020 fee agreement (2075 : Administrative, Actuarial, Consulting, and Retirement Services
2
Coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as
amended (“COBRA”): pursuant to COBRA, if Employer provides certain health care benefits to
its employees (and their dependents, as applicable), under a Plan, or Plans, upon the end of an
employee’s employment with the Employer and under certain other circumstances set forth in
COBRA, such former employee (and dependents, as applicable) may have rights to extend
certain health care benefits provided under the Plans. If COBRA services are selected, Appendix
A-5, which describes additional COBRA services and associated fees, is incorporated into this
Agreement. Also, unless the Employer is a governmental or church employer, the ERISA
Appendix, Appendix A-8, is incorporated into this Agreement. However, note that most church
plans will not provide COBRA coverage.
Health and Welfare Plan Services: administrative and additional services provided by
McGriff with respect to certain health and welfare plans. If Health and Welfare Plan Services are
selected, Appendix A-6, which describes additional Health and Welfare Plan Services and
associated fees, is incorporated into this Agreement. Also, unless the Employer is a church or a
governmental employer, the ERISA Appendix, Appendix A-8, is incorporated into this
Agreement with respect to certain Health and Welfare Plan Services.
Health and Welfare Actuarial and Compliance Consulting Services: a scope of services
set forth in Appendix A-7, which is incorporated into this Agreement.
2. Actuarial and Consulting Services for Retirement and Related Plans:
WHEREAS, the Employer has retained McGriff to provide the following services supporting
retirement or post-employment benefit programs (identified with an X and described in one or
more identified “B” Appendices to this Agreement).
Government Retirement Plan Services: a scope of services set forth in Appendix B-1,
which is incorporated into this Agreement. Article 1, Article 2, and Article 3 from Appendix B-6
are incorporated into the Appendix B-1.
X Governmental Plans with Other Post-Retirement Benefits Other than Pensions: a scope
of services set forth in Appendix B-2, which is incorporated into this Agreement. Article 1,
Article 2, and Article 3 from Appendix B-6 are incorporated into the Appendix B-2.
Other Post-Retirement Benefits Other than Pensions: a scope of services set forth in
Appendix B-3, which is incorporated into this Agreement. Article 1, Article 2, and Article 3
from Appendix B-6 are incorporated into the Appendix B-3. Also, unless the Employer is a
church or a governmental employer, Article 4 from Appendix B-6, is incorporated into the
Appendix B-3.
Supplemental Executive Retirement Plans and Other Similar Agreements: a scope of
services set forth in Appendix B-4, which is incorporated into this Agreement. Article 1,
Article 2, Article 3, and Article 5 from Appendix B-6 are incorporated into the Appendix B-4.
Also, unless the Employer is a church or a governmental employer, Article 4 from Appendix
B-6, is incorporated into the Appendix B-4.
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Tax Qualified Retirement Plan Services: a scope of services set forth in Appendix B-5,
which is incorporated into this Agreement. Article 1, Article 2, Article 3, Article 5, and Article 6
from Appendix B-6 are incorporated into the Appendix B-5. Also, unless the Employer is a
church or a governmental employer, Article 4 from Appendix B-6, is incorporated into the
Appendix B-5.
NOW, THERFORE, in consideration of the mutual covenants contained herein, and such other
consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties hereto
agree as follows.
Article 1. Definitions
1.1. “Affiliate” means a business entity that controls (i.e., parent), is controlled by (i.e.,
subsidiary), or under common control with (i.e., sister company) a Party to this Agreement.
1.2. “Applicable Law” means all applicable federal, state, and local laws, rules, regulations,
codes, constitutions, treaties, orders, or decisions of any governmental authority, as may be
amended.
1.3. “Business Day” means any day in which McGriff is operating under normal business
conditions.
1.4. “Employee” means an employee of the Employer.
1.5. “Nonpublic Personal Information (‘NPI’)” means personally identifiable financial
information about Plan participants and includes, without limitation, any list, description, or
other grouping of Plan participants (and publicly available information pertaining to them) that is
derived using any nonpublic personal information.
1.6. “Personal Information” means NPI and PHI, collectively.
1.7. “Plan(s)” means all employee benefit plans, for which McGriff is providing
administrative services under this ASA and all retirement and related plans for which McGriff is
providing actuarial, administrative and consulting services under this ASA.
1.8. “Protected Health Information (‘PHI’)” means information related to the past, present or
future physical or mental health or condition of a Plan participant, the provision of healthcare to
a Plan participant, or the past, present or future payment for the provision of healthcare to a Plan
participant and that identifies the Plan participant or with respect to which there is a reasonable
basis to believe the information can be used to identify the Plan participant.
1.9. “Summary Plan Description” (‘SPD’)” is a document summarizing the Plan(s), as the
term is defined in, and which terms and manner are regulated by, the Employee Retirement
Income Security Act of 1974 (“ERISA”).
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Article 2. Services of McGriff and
Relationship Between the Parties
2.1. McGriff Services.
McGriff shall directly, or indirectly through subcontractors, perform those services set forth in
this Agreement and in any applicable Appendix selected by the Employer, above.
2.2. Relationship Between the Parties.
2.2.1. The relationship between McGriff and the Employer/Plan(s) under this Agreement shall
be that of independent entities contracting with each other solely for the purpose of carrying out
the purposes of this Agreement (each Party being solely an independent contractor of the other).
Neither of the Parties, nor any of their employees or agents, shall be construed to be the
employee, partner, or joint venturer of the other Party; nor shall this Agreement create any
relationship of principal and agent, or of franchiser and franchisee, between the Parties.
2.2.2. It is expressly understood and agreed that neither Party hereto has, nor shall have,
authority to make any representation, warranty, or binding commitment on behalf of the other
Party. Neither Party shall be responsible for, nor incur any liability with respect to, the debts or
the acts, or the failure to act, of the other Party.
2.2.3. Except for any functions where McGriff has specifically acknowledged fiduciary
responsibility in an Appendix, McGriff shall not be a fiduciary under Applicable Law with
respect to: the Employer, any of the Employer’s employees, or any Plan participant or
beneficiary. Employer is responsible for administering the Plan(s) in all respects with the
assistance of McGriff for the specific tasks set forth in this Agreement or in any applicable
Appendix.
2.2.4. The Employer delegates to McGriff the administration and processing of claims, if any,
as stated in any applicable Appendix. McGriff will review and administer claims for payment or
denial. Subject to the final authority of the Employer, McGriff shall have discretionary authority
to determine the validity of the claims and charges submitted for reimbursement under the
Plan(s). Provided, however, that if an appeal/request for review is filed by a participant or
beneficiary on any denied claim, Employer will decide any such appeal/request for review.
Article 3. Duties and Liabilities of the Employer
3.1. Administrative Charges for Services.
3.1.1. The Employer agrees to pay McGriff the fees set forth in any applicable Appendix.
3.1.2. Fees may be modified in accordance with: (a) an applicable Appendix or (b) Sections 3.3
and 3.6 of this Agreement.
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3.2. Plan or Employer Changes.
The Employer shall notify McGriff immediately if there are any organizational changes to the
legal form, structure, or ownership of the Employer or Affiliates, or changes to the applicable
Plan.
3.3. Change in Census Data.
If Employer census data fluctuations of plus or minus twenty percent (+/- 20%) occur after the
Effective Date of this Agreement, McGriff may modify the fees specified in any applicable
Appendix. If the Parties are unable to reach agreement on the modified fees or services provided
under this Agreement, the Parties may decide either to (a) continue the Agreement under its
original/prior terms or (b) mutually terminate this Agreement.
3.4. Liability for Benefits.
The Employer has ultimate and sole liability for the payment of claims under the Plan(s) and all
expenses incident thereto. In no event shall McGriff be liable for the payment of any claims or
expenses under the Plan(s) from its own funds.
3.5. Disclosure to Participants.
The Employer acknowledges that it is the Employer’s responsibility, and not McGriff’s, to
provide any of the Plan(s)’ participants with any required disclosure of any of the Plan(s)’ terms
including an SPD, if any, a Plan document, or any other required disclosure of the Plan(s)’ terms.
3.6. Plan Documents.
The Employer has final authority over the Plan design and is solely responsible for determining
the legal and tax status of any Plan document or SPD, as required by Applicable Law. The
Employer will consult with its own legal counsel to determine the legal sufficiency and validity
of the Plan document and SPD.
The Employer shall provide McGriff with copies of the Plan document, each amendment to the
Plan document, the trust agreement (if any), and the SPD. Plan updates, modifications, or
amendments shall be communicated in writing by the Employer to McGriff within ten (10)
calendar days following the adoption of such change. If any such change materially increases
McGriff’s obligations and duties under this Agreement, McGriff may adjust its fees by notifying
the Employer in writing.
3.6.1. Retirement Plan Documents.
a. McGriff Sponsored Documents. If the Employer uses the Volume Submitter Plan
documents sponsored by McGriff, the Employer shall not add to, delete, or modify their
form or content, except as approved in writing by McGriff. As the sponsor of the Volume
Submitter Plan documents, McGriff shall be responsible for updating and amending the
documents to retain Internal Revenue Service (“IRS”) approval. The Employer is
responsible for selections made in the Volume Submitter document (if applicable). Based
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on the Employer’s selections in the Volume Submitter document, McGriff will provide
an SPD. Employer shall provide signed copies of the Plan documents to McGriff, after
execution, and this shall be done without any request from McGriff being necessary.
b. Non-McGriff Sponsored Documents. If the Employer does not use the Plan documents
sponsored by McGriff, the Employer is responsible for updating and amending the Plan
documents, and is further responsible for filing with the IRS to obtain an individual
determination letter for its Plan if the Employer decides to apply for such individual
determination letter.
3.6.2. Welfare Plan Documents.
a. McGriff Sponsored Documents. If the Employer uses the Plan documents prepared by
McGriff for services provided pursuant to Appendix A-1, Appendix A-2, Appendix A-4,
and Appendix A-6, the Employer shall not add to, delete, or modify their form or content,
except as approved in writing by McGriff. McGriff will notify the Employer of any
change in ERISA or the Code that may require an amendment to the Plan document(s)
and/or summary of material modifications (“SMM”) to the SPD and McGriff will update
and amend Plan documents and SPDs. If the Employer desires to make discretionary Plan
design changes, the Employer must notify McGriff in a timely manner and McGriff will
draft the Plan amendment and SMM.
McGriff uses templated solutions containing a number of options for Plan design.
However, if the changes requested by the Employer do not fit into the templated solution,
there may be an extra fee for document preparation and consulting to be determined by
the Parties.
If the Employer modifies the Plan documents without written permission by McGriff, as
required in this Section 3.6.2, McGriff will have no further obligation for ongoing
compliance maintenance.
b. Non-McGriff Sponsored Documents. If the Employer does not use the Plan documents
prepared by McGriff, the Employer is responsible for updating and amending the Plan
documents to maintain the validity of the Plan(s) under Applicable Law.
3.6.3. Final Arbiter.
The Employer shall be the final arbiter as to the interpretation of the Plan(s) and as to the
payment of benefits. McGriff shall consult with the Employer in the event of any questions
regarding interpretation of the Plan. If the Employer desires to notify McGriff of a particular
interpretation or to give special instructions, the Employer shall notify McGriff in writing of
such interpretation or instructions.
3.7. Medical Records.
Employer shall (a) notify each Plan participant and provide each with an opportunity to opt out
of (if required), or (b) obtain from each Plan participant such written authorization for (if
required), the release of any Personal Information, in accordance with Applicable Law
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(including, without limitation, the Health Insurance Portability and Accountability Act
(“HIPAA”) and the Gramm-Leach-Bliley Act (“GLBA”)), to permit Employer and McGriff to
perform their respective obligations under this Agreement.
3.8. Required Data.
The Employer will provide McGriff, on a timely basis, with accurate and complete data in the
format acceptable to McGriff. In the course of administering the Plan(s), various
communications and transmissions of data between the Employer and McGriff may occur by
electronic means. McGriff is authorized and instructed to act on such communications and
transmissions without further inquiry into their source or validity.
3.9. Custody of Forms.
The Employer will be responsible for the collection and physical custody of all forms, including
but not limited to, Participant and beneficiary designation forms, forms relating to Section 125
plans, any applicable annuity waiver forms, benefit election forms, tax withholding forms, death
certificates, and other relevant documents.
Article 4. Indemnification & Limitation of Liability
4.1. Indemnification.
Each Party (“Indemnifying Party”) will defend, indemnify, and hold harmless the other Party and
their respective Affiliates, directors, officers, employees, agents, attorneys, representatives,
successors, and assigns (“Indemnitees”) from, and against, any and all third party claims,
demands, or notices (direct or indirect) in whatever form and regardless of whether a claim lacks
merit, asserted against any Indemnitee with respect to actual or alleged liabilities, damages,
losses, claims, demands, assessments, actions, causes of action, and costs (including reasonable
attorneys' fees and expenses), arising out of, or resulting from, any of the following:
4.1.1. Any damage to or loss of property caused by the Indemnifying Party in the performance
of the Indemnifying Party’s obligations under this Agreement; and
4.1.2. In the case of Employer, in the event of any of the following: (a) incorrect or incomplete
data or instructions to McGriff, (b) failure to notify McGriff of Plan terms and changes, and (c)
Employer’s breach of Plan fiduciary or other duties to employees/participants or beneficiaries
under Applicable Law (collectively “Claims”). To the extent allowed by applicable Virginia law.
4.2. Indemnification Procedures.
If a third party makes a Claim subject to indemnification hereunder and the Indemnitee intends
to seek indemnification from the Indemnifying Party, the Indemnitee shall give notice of the
Claim to the Indemnifying Party, including a brief description of the Claim, if known; provided,
however, that failure to provide such notice shall not relieve the Indemnifying Party of its
obligations under this Agreement except to the extent prejudiced by such failure. Upon giving
such notice, the Indemnifying Party is obligated to defend the Indemnitee against such Claim and
is entitled to assume control of the defense of the Claim with counsel chosen by the
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Indemnifying Party. At the Indemnifying Party’s request and expense, the Indemnitee shall, to a
commercially reasonable extent, cooperate fully with and assist the Indemnifying Party in its
defense against such Claim in all reasonable respects. Notwithstanding the foregoing, the
Indemnitee shall have the right, at its own expense, to employ separate counsel in any such
action, but the role of such counsel shall only be supportive of the Indemnifying Party’s counsel.
Neither the Indemnifying Party nor any Indemnitee shall be liable for any settlement of any
Claim effected without its consent, which shall not be unreasonably withheld. Notwithstanding
the foregoing, the Indemnitee shall retain, assume, or reassume sole control over all expenses
relating to every aspect of the defense of a Claim that it believes is not the subject of
indemnification hereunder.
4.3. Limitation of Liability.
4.3.1. For the services provided under this Agreement, McGriff will be liable for errors or
omissions only if such errors or omissions result from intentional malfeasance, gross negligence
or fraud on the part of McGriff. In no event shall McGriff be liable if such errors or omissions
occur due to any inaccurate or incomplete data received by McGriff, failures in data transmission
or computer software (including data transmitted to McGriff in a format that is unacceptable to
McGriff), or a force majeure beyond the control of McGriff.
4.3.2. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY (OR ANY OF ITS
AFFILIATES PROVIDING OR RECEIVING THE SERVICES ELECTED UNDER THE
RECITALS AND PROVIDED HEREUNDER) BE LIABLE TO THE OTHER PARTY OR TO
ANY OTHER PERSON FOR LOSSES OR DAMAGES WHICH FALL INTO ANY OF THE
FOLLOWING CATEGORIES: (A) LOST REVENUES; (B) LOST PROFITS; (C) LOSS OF
BUSINESS; (D) TRADING LOSSES; OR (E) ANY INCIDENTAL, INDIRECT,
EXEMPLARY, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND,
INCLUDING ANY OF THE FOREGOING LOSSES OR DAMAGES RESULTING FROM
EMPLOYER’S USE OF THE SERVICES PROVIDED HEREUNDER, OR ARISING FROM
ANY BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER
OR NOT FORESEEABLE, EVEN IF THE RELEVANT PARTY HAS BEEN ADVISED OR
WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN ANY EVENT,
THE LIABILITY OF ONE PARTY TO THE OTHER FOR ANY REASON AND UPON ANY
CAUSE OF ACTION SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL
AMOUNT OF FEES PAID TO McGRIFF DURING THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM AND THEN
ONLY TO THE EXTENT THE FEES RELATE TO THE SERVICES OR WORK PRODUCT
CONTAINING ANY ALLEGED ERRORS OR OMISSIONS.
4.4. Disclaimer.
THE SERVICES ELECTED IN THE RECITALS ARE PROVIDED HEREUNDER “AS IS,”
AND ALL OTHER REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS,
ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE, QUALITY OF INFORMATION,
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QUIET ENJOYMENT OR OTHERWISE (INCLUDING IMPLIED WARRANTIES, TERMS
OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, OR NON-INFRINGEMENT)
ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMED
AND EXCLUDED FROM THIS AGREEMENT.
Article 5. Term & Termination
5.1. Term.
5.1.1. With respect to Administrative Services for FSAs, HRAs, HSAs, TSAs, Health and
Welfare Plan Services and Health and Welfare Actuarial and Compliance Consulting Services,
and COBRA, Appendices A-1, A-2, A-3, A-4, A-5, A-6, and A-7, unless separately addressed
in an applicable Appendix, the term of this Agreement commences on the Effective Date and
continues for a period of two (2) years thereafter (“Initial Term”). Following the Initial Term, the
Agreement will automatically renew for subsequent two (2) year periods (each a “Renewal
Term”) unless either Party provides the other Party with at least ninety (90) days’ prior written
notice of its intent not to renew this Agreement, unless earlier terminated in accordance with the
terms of this Agreement.
5.1.2. With respect to Actuarial and Consulting Services for Retirement and Related Plans,
Appendices B-1, B-2, B-3, B-4, B-5, and B-6 unless separately addressed in an applicable
Appendix, the term of this Agreement commences on the Effective Date and remains in effect
until terminated by the Employer or McGriff. Either party may terminate this Agreement with
respect to Actuarial and Consulting Services for Retirement and Related Plans by providing the
other Party with at least thirty (30) days’ prior written notice of its intent to terminate this
Agreement, unless earlier terminated in accordance with the terms of this Agreement.
5.2. Termination.
5.2.1. Either Party may terminate this Agreement immediately, without advance notice, for the
following acts of or by the other Party: gross negligence, willful misconduct, or a breach of the
confidentiality obligations set forth herein.
5.2.2. Either Party may terminate this Agreement if the other Party breaches, or is otherwise in
default of, any material obligation under this Agreement if the default is incapable of cure or
which, being capable of cure, has not been cured within thirty (30) days after receipt of written
notice of default from the non-defaulting Party or within any additional cure period as the non-
defaulting Party may authorize in writing.
5.2.3. Either Party may terminate this Agreement immediately upon notice to the other Party if
the other Party: (a) becomes insolvent, (b) makes a general assignment for the benefit of
creditors, (c) suffers or permits the appointment of a receiver for its business or assets, (d)
becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or
foreign, (e) ceases doing business in the ordinary course, (f) has wound up, dissolved or
liquidated, voluntarily or otherwise, and/or (g) makes an assignment or delegation in violation of
this Agreement. Employer acknowledges and agrees that its right to terminate this Agreement
pursuant to this Section 5.2 is strictly subject to McGriff’s regulatory compliance obligations
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with respect to ensuring continuity of service and safety/soundness as determined by McGriff’s
legal counsel in McGriff’s discretion.
5.3. Effect of Termination.
Any unsatisfied payment obligations remaining at the time of termination or expiration of this
agreement will survive the termination or expiration of this Agreement. The Parties will
cooperate with and assist each other in any necessary and appropriate notification of participants,
beneficiaries, regulators, and other interested parties in the event of a termination or expiration.
The Parties will cooperate with and assist each other in the transfer of administrative data and
documentation in the other’s possession that may be necessary relating to the continued servicing
of the Plan(s). McGriff reserves the right to charge for the time and costs incurred in the
preparation and transmission of such records to Employer. Invoices are issued as work
progresses, customarily on a monthly basis, with payment due upon receipt. Any amount past
due by more than thirty (30) days may have interest added at the rate of 1.5% per month.
Amounts past due by more than ninety (90) days may result in interruption of service. Upon
termination of services or engagement of additional service providers, any past due amounts
must be resolved in order to provide information to, or consulting with or in relation to, new or
additional providers. Upon the provision of such records to Employer, Employer agrees to
assume all record keeping obligations pertaining to such records that may arise under Applicable
Law.
Article 6. Confidentiality
6.1. Confidential Information.
“Confidential Information” includes, but is not limited to, the following information relating to
or provided by a Party, its Affiliates, employees or contractors (“Disclosing Party”) to the other
Party, its Affiliates, employees or contractors (“Receiving Party”), whether such information is
written or oral, electronic or in other form, including, but not limited to: trade secrets, know-how,
ideas, customer surveys, customer lists, questionnaires, research, products and product plans,
services, software developments, inventions, methodologies, designs, drawings, diagrams,
flowcharts, financial information, manuals, business strategies, processes and policies, technical
descriptions and information, markets, and/or marketing plans. Confidential Information also
includes any reports or documents that include, summarize, are based on, or refer to Confidential
Information and all derivative works of any Confidential Information. Confidential Information
includes all Personal Information. Confidential Information also includes information contained
in this Agreement or any Appendix.
6.2. Ownership.
All Confidential Information shall remain the property of the Disclosing Party.
6.3. Handling of Confidential Information.
6.3.1. Each Party agrees to (a) treat as confidential all Confidential Information of the
Disclosing Party furnished to the Receiving Party pursuant to this Agreement in accordance with
the provisions of this Article 6, and to take, or abstain from taking, other actions set forth herein,
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and (b) implement or maintain reasonable security measures to maintain the confidentiality of
the Confidential Information.
6.3.2. Confidential Information will be used solely for the purpose of fulfilling the Receiving
Party’s obligations hereunder, and will be kept confidential by the Receiving Party, its Affiliates,
and their respective officers, directors, members, employees, representatives, contractors,
consultants, agents, and advisors, provided, however, that: (a) any of such Confidential
Information may be disclosed to officers, directors, members, employees, Affiliates,
representatives, contractors, consultants, agents, and advisors of the Receiving Party who need to
know such Confidential Information for the purpose of fulfilling each Party’s obligations
hereunder and who are under obligations of confidentiality no less stringent than those contained
herein, (b) the Receiving Party may disclose any Confidential Information to which the
Disclosing Party previously and expressly consents in writing, and (c) either Party may disclose
that portion of the Confidential Information to the extent and in the manner required to satisfy its
obligations under Applicable Law.
6.4. Notice.
A Party intending to make any disclosure under Section 6.3.2(c) shall provide to the other Party
reasonable advance notice of such requirement, if possible, and reasonable opportunity to seek a
court order or other relief preventing such disclosure.
6.5. Return of Confidential Information.
Upon termination or expiration of this Agreement and request of the Disclosing Party, each Party
will return to the other Party all materials containing or reflecting the Confidential Information
and will not retain any copies, extracts, or other reproductions thereof unless otherwise specified
in this Agreement.
6.6. Limitations.
These restrictions shall not apply to any part of the Confidential Information which (a) was at the
time of disclosure or thereafter becomes generally available to the public other than as a result of
a breach of the Receiving Party’s obligations hereunder; (b) was at the time of disclosure, as
shown by the Receiving Party’s records, already in the Receiving Party’s possession on a lawful
basis; (c) is lawfully acquired by the Receiving Party after the time of the disclosure through a
third party under no obligation of confidence to the Disclosing Party; or (d) was independently
developed by the Receiving Party without use or reliance on the Confidential Information by the
Receiving Party.
Article 7. Privacy (GLBA & HIPAA) &
Business Associate Agreement
7.1. GLBA.
Each Party agrees to comply with applicable privacy provisions of GLBA and the rules
promulgated thereunder and as may be amended or superseded from time to time.
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7.2. Non-Disclosure of Personal Information.
Neither party shall disclose any Personal Information pertaining to, or related to, any Employee
unless it shall have received the Employee’s consent to the release of such information, or as
required or permitted by law.
7.3. Business Associate Agreement.
With respect to HIPAA and any service where PHI is used or transmitted, the parties will
execute a Business Associate Agreement (“BAA”), contemporaneously with the execution of
this Agreement, with said BAA being incorporated herein by reference. Furthermore, Parties
warrant that:
a. The Plan shall be a Party to the BAA; and
b. The Employer, through the authority of the undersigned, can bind the Plan as a Party to
the BAA.
7.4. Breach of Personal Information.
In the event any Party becomes aware of a breach of Personal Information, written notice shall
be sent to the other Party within thirty (30) days of discovering such breach (even if at the time
the notifying Party does not have all the details concerning the breach). The notice shall contain
the information required by any Applicable Law and any other additional and relevant
information reasonably requested by the other Party. Breach of PHI is governed by the BAA
entered into between the Parties.
7.5. Return of Personal Information.
When Personal Information is no longer required in connection with performance of services or
any other obligation under this Agreement, or upon termination of the Agreement, the applicable
Party shall destroy or return all Personal Information as promptly as reasonably possible, and
shall retain no copies thereof, except that any Party may retain such records, including Personal
Information, as required by Applicable Law or by the Party’s own record retention policies or
standards.
Article 8. Proprietary Rights
8.1. McGriff Property.
8.1.1. Employer agrees that, as between Employer and McGriff, McGriff and its Affiliates
and/or their respective licensors own exclusively, and throughout the world, all right, title, and
interest in and to all new technology, tools, deliverables, interfaces, content, and applications
used, provided, or developed by McGriff, in all cases including, without limitation, data, source
codes, object codes, HTML or XML code, operating instructions, interfaces, and documentation,
program images and text viewable on the internet developed for or relating thereto, together with
all modifications, revisions, changes, copies, partial copies, translations, compilations, partial
copies with modifications, and derivative works thereto (collectively, the “McGriff Property”).
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8.1.2. All McGriff Property shall constitute the Confidential Information of McGriff.
8.2. Works Made for Hire.
All McGriff Property is deemed to be “works made for hire” and made in the course of services
rendered and will belong exclusively to McGriff, with McGriff having the right to obtain, and to
hold in its name, patents, copyright registrations, or trademark or service mark registrations, or
such other protections as may be appropriate to the subject matter, and any extensions and
renewals thereof. To the extent that exclusive title and/or ownership rights may not originally
vest in McGriff as contemplated hereunder (e.g., may not be deemed works made for hire) in any
McGriff Property, Employer hereby agrees to promptly and irrevocably assign, transfer, and
convey to McGriff all right, title, and interest therein. Employer and its personnel shall give
McGriff, and/or any McGriff’s designee, all reasonable assistance and execute all documents
necessary to assist and/or enable McGriff to perfect, preserve, register, and/or record its rights in
such McGriff Property.
8.3. Irreparable Injury.
Employer acknowledges that the breach or threatened breach of any or all of this Article 8 or the
wrongful use of McGriff Property, may cause McGriff irreparable injury for which monetary
damages may not make McGriff whole. Accordingly, in addition to all other available remedies,
the Employer agrees that McGriff shall be entitled to seek equitable or injunctive relief in the
event of an actual, threatened, or attempted breach by Employer of any such provision.
Article 9. Miscellaneous
9.1. Maintenance of Records.
McGriff will maintain all relevant records related to the services provided hereunder in
accordance with reasonable standards of record keeping and Applicable Law.
9.2. Electronic Transmission of Data.
In the course of administering the Plan, various communications and transmissions of data
between the Employer and McGriff may occur by electronic means. The Employer authorizes
and instructs McGriff to act on such communications and transmissions, without further inquiry
into their source or validity. McGriff will use commercially reasonable efforts to maintain and
operate the systems carrying such communications. Neither party will be responsible for
interruptions in such communications caused by circumstances outside of its reasonable control.
9.3. Audit Rights.
The accounts and records of each Party pertaining to the services covered by this Agreement
shall be subject to audit and inspection by the other Party or its authorized representative at all
reasonable times, upon thirty (30) days’ advance written notice, including any time within ninety
(90) days after termination or expiration of this Agreement. Such audit shall be at the sole
expense of the Employer. Such audit shall not, however, without the agreement of both Parties,
exceed one (1) per calendar year unless otherwise required by Applicable Law.
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9.4. Assignment.
This Agreement will be binding on the Parties and their successors and permitted assigns.
Neither Party may assign any of its rights or delegate any of its duties or obligations under this
Agreement without the other Party’s written consent, except that McGriff may assign this
Agreement without the Employer’s consent (a) upon thirty (30) days’ prior written notice to
Employer, or (b) in the event of an insolvency of any parent company (or companies) of McGriff
or any merger or acquisition resulting in a successor-in-interest to McGriff or its Affiliates,
without notice to Employer. A permitted assignment shall not release the assigning Party from its
obligations under this Agreement arising prior to the date of assignment. Any attempted
assignment or delegation of any rights, duties, or obligations in violation of this section will be
invalid and without effect.
9.5. Force Majeure.
To the extent permitted by Applicable Law, if any Party should fail in whole or in part to fulfill
its obligations under this Agreement as a consequence of acts of God, fire, explosion, strikes,
floods, earthquakes, embargoes, war, acts of terrorism or riot, such failure to perform shall not be
considered a breach of this Agreement during the period of such disability and for a reasonable
time thereafter, except that Employer is at all times responsible for its payment obligations to
McGriff hereunder. In the event of any force majeure occurrence, the disabled Party shall use its
best efforts to meet its obligations as set forth in this Agreement. The disabled Party shall
promptly and in writing advise the other Party if it is unable to perform due to a force majeure
event, of the expected duration of such inability to perform, and of any developments (or
changes therein) that appear likely to affect the ability of that Party to perform any of its
obligations hereunder in whole or in part.
9.6. Third-Party Beneficiaries.
The Parties to this Agreement do not intend to make any other party a “third-party beneficiary”
of this Agreement. Only the Parties to this Agreement have rights to enforce this Agreement or
to prevent it from being modified or terminated.
9.7. Notices.
Any notice, request, agreement, consent, demand, or other communication required or permitted
to be given by this Agreement must be in writing and must be: (a) personally delivered (which
shall be deemed to have been received on the day it is personally delivered), (b) sent by e-mail,
or other direct written electronic means with confirmed receipt (for which notice shall be deemed
to have been received on the date on which it was confirmed received by the recipient thereof),
or (c) sent by registered or certified mail, or via a commercially recognized overnight courier
service (for which notice shall be deemed to have been received on the third (3rd) Business Day
following the date on which it is mailed or on the first (1st) Business Day following dispatch to
an overnight courier) to the Parties at the addresses set forth on the last page of this Agreement.
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9.8. Severability.
If any term or provision of this Agreement is held invalid, void, or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement will not be impaired or affected, and
each other term and provision will continue in full force and effect and will be valid and
enforceable to the fullest extent permitted by Applicable Law.
9.9. Survival.
The following Sections of the Agreement shall survive termination or expiration of any term as
well as any provisions that by their nature are intended to survive beyond termination: Article 4,
Section 5.3, Article 6, Article 7, Article 8, and Article 9, except for Sections 9.3, 9.4, 9.10.
9.10. Amendment and Waiver.
No amendment or modification to this Agreement will be effective unless in writing and signed
by duly authorized representatives of both Parties. No term or provision of this Agreement will
be deemed waived and no breach excused unless the waiver is in writing and signed by an
authorized representative of the Party claimed to have waived the condition or excused the
breach. No waiver of any breach of any provision of this Agreement will constitute a waiver of
any prior, concurrent, or subsequent breach of the same or any other provision of this
Agreement.
9.11. Dispute Resolution.
The Parties will cooperate at all times in good faith. In the event of any dispute which cannot be
readily resolved within thirty (30) days, Employer will escalate the matter to its senior
management and McGriff to its senior management, who will meet in person or by telephone
within fifteen (15) Business Days of receipt of notice of the dispute, to attempt to resolve the
open issues. Except where clearly prevented by the area in dispute, both Parties shall continue
performing their obligations under this Agreement while the dispute is being resolved and until
either the dispute is resolved or this Agreement is terminated as provided herein. Neither Party
shall initiate litigation related to a dispute unless and until the Parties have complied with, or
waived, this dispute resolution procedure.
9.12. Entire Agreement.
This Agreement (including any Appendices, any schedules, any exhibits, and any BAA, hereto)
constitutes the entire agreement between the Parties pertaining to the subject matter contained in
this Agreement and supersedes all prior and contemporaneous agreements and understandings of
the Parties with respect to the matters addressed in this Agreement. Any terms and conditions
varying from this Agreement on any order, invoice, or other notification from either Party, are
not binding on the other unless specifically accepted in writing by the other. All rights, remedies
and warranties set forth in this Agreement are cumulative of, and in addition to, any other rights,
remedies and warranties set forth in this Agreement, or at law, in equity, or otherwise. Each
Party to this Agreement has reviewed and had an opportunity to revise this Agreement. The
Parties agree that the normal rule of construction, to the effect that any ambiguities are to be
resolved against the drafting Party, will not be employed in the interpretation of this Agreement.
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9.13. Governing Law.
9.13.1. This Agreement, and all claims or controversies arising hereunder, will be governed by
and construed in accordance with the substantive laws of the State of Virginia, excluding that
State’s choice-of-law principles.
9.13.2. The Parties consent to venue in the State of Virginia and to the non-exclusive
jurisdiction of the Pittsylvania County, Virginia, for all litigation which may be brought
regarding the terms of, and the transactions and relationships contemplated by, this Agreement.
9.14. Counterparts.
This Agreement may be signed in one or more counterparts, each of which will be deemed to be
an original and all of which, when taken together, will constitute the same Agreement. Any copy
of this Agreement made by reliable means (e.g., photocopy or facsimile) is considered an
original. This Agreement (including any Appendices, any schedules, any exhibits, and any BAA,
hereto) which by its terms requires signature by each of the Parties thereto, may be signed by a
Party by applying a digital signature of an authorized representative of the Party, and in such
case, the digital signature will have the same force and effect as if such authorized representative
had applied his or her ink signature to the Agreement or any such attachment. A Party objecting
to the use of a digital signature as a means of execution may, at the time of execution, request
that the Parties sign by ink signature. Failure to object at the time of execution constitutes the
Party’s agreement to the use of digital signatures.
9.15. Inconsistency in Language.
If there is any inconsistency between language in this Agreement and language in any Appendix,
or schedule, the language in the Appendix or schedule will control.
9.16. Expiration.
If the Employer does not execute the Agreement within forty-five (45) days of receipt of the
Agreement, this Agreement and the relevant Appendices are void unless the parties agree
otherwise.
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Article 10. Execution/Signatures
By signing below, each Party hereby agrees to the terms and conditions of this Agreement.
Pittsylvania County McGriff Insurance Services, Inc.
By:
Date:
By:
Date: June 2, 2020
Name: David M. Smitherman Name: Myiah L. Gauntlett, ASA, MAAA, EA
Title: County Administrator Title: Vice President / Consulting Actuary
Address for notices:
1 Center Street P.O. Box 426,
Chatham, VA, 24531
Address for notices:
7701 Airport Center Drive
Greensboro, NC 27409
With a copy to: With a copy to:
McGriff Insurance Services, Inc.
Attention: BB&T Insurance Holdings, Inc.
Legal & Regulatory Department
2550 Interstate Drive, Suite 400
Harrisburg, PA 17110.
7.g.a
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APPENDIX B-2 (GOVERNMENTAL PLANS WITH
OTHER POST-RETIREMENT BENEFITS OTHER THAN PENSIONS)
TO THE ASA
This Appendix B-2 to the Administrative, Actuarial, Consulting, and Retirement Services
Agreement (“ASA”) is entered into by and between Pittsylvania County (the “Employer”) and
McGriff Insurance Services, Inc. (“McGriff”), (collectively, the “Parties”). All defined terms in
the ASA are applicable to this Appendix B-2.
Article 1. Scope of Engagement
The following plan is subject to this Appendix B-2 (the “Plan”):
Plan Name: Pittsylvania County Post Retirement Benefits Plan
McGriff agrees to provide the services listed below for the identified Plan and Employer, at the
fee estimates shown. Successful operation of a retirement or post-employment benefit program
involves many areas of expertise, including trust services, financial planning, investment advice,
tax advice, legal services, and more. The Employer in its role as fiduciary, Plan Sponsor, and
Plan Administrator, should engage professionals in the various areas of expertise to supply
services to the Plan or to the Employer on behalf of the Plan. All information in this Appendix is
proprietary and confidential.
Article 2. Engagement of Services Commencement
If this is the initial engagement for services, the engagement for services listed below begins with
respect to the June 30, 2020 fiscal year-end. Pending further discussion with the Employer and
the prior actuarial service provider (if applicable) to confirm, McGriff’s first GASB accounting
valuation will be performed during 2020 for the June 30, 2020 fiscal year-end.
Article 3. Services Provided
Services provided by McGriff are limited to various actuarial and administrative services, and
with respect to this appendix specifically, to those items listed below:
Service Description Estimated Fee
Annual GASB 75
Accounting Valuation and
Disclosure
Annual expense and year-end disclosure
items for fiscal year end related to the cited
valuation(s).
$7,500
Additional Needs and Other
Consulting
Fees vary based on need; includes review
and change of assumptions, responding to
auditor requests, projections and other
studies.
hourly rates
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Schedule B-2, attached hereto, lists additional Out-of-Scope services that the Employer and
McGriff have agreed to.
Article 4. Fees
The Employer and McGriff agree to the following regarding fees in relation to this engagement.
4.1.Fees Are Estimates.
Unless otherwise indicated, the fee amounts shown above are estimates, based on hourly billing
rates and anticipated time required to complete various tasks, relying on our professional
experience with similar plans in similar situations. Therefore, actual amounts billed can vary
from the estimates, and may be higher or lower than the estimates shown. In addition, items not
included in the scope of regular valuation services above will be billed on an hourly basis in
addition to the services listed. These items may include, but are not limited to:
a. Revisions to work products caused by errors or omissions in information submitted to
McGriff.
Data or assets having errors, omissions, or formatting problems beyond reasonable tolerances,
which require additional screening, research, clean-up, or reconciliation, either with respect to
on-going work or to initial set-up.
Plan provisions that are not uniform, or that are not clearly defined or documented, that require
additional consulting or information retrieval.
Apportioning results among employees, divisions, or departments
Additional time related to changes in assumptions, methods, Plan provisions, or applicable
regulations.
Additional time related to situations, events, or information unknown to McGriff at the time of
estimating fees, either with respect to ongoing work or to initial set-up.
4.2.Fees Must be Paid.
Invoices are issues as work progresses, customarily on a monthly basis, with payment due upon
receipt. Any payment past due by more than thirty (30) days may have interest added at the rate
of 1.5% per month. Amounts past due by more than ninety (90) days may result in interruption
of service. Upon termination of services or engagement of additional service providers, any past
due amounts must be resolved in order to provide information to, or consulting with or in
relation to, new or additional providers.
4.3.Fee Structure.
Unless otherwise indicated to the contrary, all services listed in this Appendix are billed based on
time and expense incurred, at the hourly rates below.
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Level Hourly Billing Rate Range
Senior Consultant/Actuary $425-$550
Consultant/Actuary $325-$425
Actuarial Manager/Senior Analyst $175-$325
Analyst $125-$175
Administrative $100-$125
4.4.Out-of-Scope Services.
McGriff is a full-service actuarial consultant and administrative service provider. We offer a full
range of services in addition to those for which the Employer has contracted above. These
services are available at hourly rates, and we can provide fee estimates in advance for approval
before beginning any out-of-scope services. Unless expressly provided under the terms of this
Appendix, fees herein do not include any fees for work performed in out-of-scope services. In all
cases, we work with clients to identify cost-effective alternatives, and to have the work
completed at the lowest feasible billing rate. Typical out-of-scope services include:
a. Quantifying accounting expense, and other items, needed to evaluate changes to Plan
provisions.
Implementation services for new or take-over plans. Consulting and advisement related to
mergers, acquisitions, and divestitures.
Single-year or multi-year projections of accounting expense, disclosure information, and other
measures for strategic planning and budgeting purposes.
Support to the Plan sponsor on defining Plan provisions, and designing, implementing,
documenting, and communicating new provisions.
Employee group or individual meetings, and other communications, as requested.
Services related to Plan terminations or curtailments, including feasibility studies, required
accounting, preparation of participant notifications and communications, and coordination with
legal counsel and other service providers.
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Schedule B-2: Other Out-Of-Scope Services:
The Employer and McGriff agree to the following regarding out-of-scope services at the hourly
rates set forth above.
None as of the Effective Date
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APPENDIX B-6 (ADDITIONAL TERMS)
TO THE ASA
This Appendix B-6 relates to the Administrative, Actuarial, Consulting, and Retirement Services
Agreement (the “ASA”) entered into by and between Pittsylvania County (the “Employer”) and
McGriff Insurance Services, Inc. (“McGriff ”), (collectively, the “Parties”). All defined terms in
the ASA are applicable to this Appendix B-6.
Recitals
WHEREAS, the Employer has entered into a contract with McGriff to perform actuarial and
consulting services for retirement and related plans as identified via reference to one or more
Appendices listed in Section 2 of the Recitals of the ASA (“ASA Recitals Section 2”); and
WHEREAS, ASA Recitals Section 2 specifies which Articles of this Appendix are incorporated
into the various Appendices identified in ASA Recitals Section 2;
NOW, THEREFORE, the Parties hereto agree to incorporate the following Articles of this
Appendix B-6 into the Appendices identified in ASA Recitals Section 2, to the extent the
Articles are so identified.
Article 1. Fees and Revenue Sharing
Any fees paid other than explicitly paid by Employer or the Plan trust, if applicable, will be
disclosed in advance and in writing subject to acceptance and acknowledgment by the Employer
or the Plan trust.
Article 2. Actuarial Communications and Other Work Products
With respect to all actuarial communications and other work product provided by McGriff, the
Employer as well as the Employer’s service providers, including but not limited to auditors and
brokers, shall not add, delete, or modify their form or content in any manner whatsoever. The
Plan Administrator, Plan Sponsor, or the Employer, as the case may be, will be responsible for
the appropriate use of the information provided by McGriff for financial planning and reporting
purposes, compliance with applicable laws and regulations, and any other appropriate use. The
Plan Administrator, Plan Sponsor, or Employer, as the case may be, shall limit the use of all
actuarial communications and work product to the purpose for which it was intended. The Plan
Administrator, Plan Sponsor, or Employer, as the case may be, shall not disclose any actuarial
communications or work product to any other individual, parties, or entities, without the express
prior, written consent of McGriff. Notwithstanding the above, in the course of customary Plan
operations and in accordance with common practice, actuarial communications and other work
product may be provided to service providers, such as the Plan’s or the Employer’s auditor,
financial advisor, legal or other representatives, as required to discharge their normal and
customary duties with respect to the Plan, without the express prior, written consent from
McGriff.
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Article 3. Required Data
The Employer will provide McGriff, on a timely basis, with accurate and complete data in a
format acceptable to McGriff, including a certification that the data is accurate and complete.
McGriff is not responsible for any losses and/or expenses that arise due to the submission of
incorrect or incomplete data, or data transmitted to McGriff in a format that is unacceptable. In
no event shall McGriff have a duty to validate the accuracy of data submitted. However, McGriff
will review data for reasonableness to the extent required by standards of actuarial
professionalism, but ultimately the responsibility for the accuracy and completeness of the data
rests with the Employer.
Article 4. ERISA and the Internal Revenue Code
Employer acknowledges its status as Plan Administrator of the Plan, as defined by ERISA.
Employer is responsible for operating the Plan in accordance with the qualification requirements
of section 401(a) of the Internal Revenue Code and in accordance with ERISA, except as
specifically agreed with regard to the out-of-scope services contracted for in the applicable
Appendix. These responsibilities include, but are not limited to, preparation of Plan documents,
distribution of SPDs and summary annual reports, all nondiscrimination testing, preparation of
Form 5500, filing of annual reports, and responding to inquiries from government agencies and
the preparation of any required notices. Any Plan administrative function not specifically
assigned in this Agreement remains the responsibility of the Employer.
Article 5. Enforcement of Benefit Provisions
The Pension Protection Act has implemented rules and restrictions related to other non-qualified,
deferred compensation or supplemental Employer-owned life insurance plans. Some of these
provisions are contingent upon the administration of any qualified defined benefit plan sponsored
by the Employer while other provisions are part of the Employer’s broader employee benefits
strategy. Recognition and enforcement of these rules and restrictions is the sole responsibility of
the Plan Sponsor.
Article 6. Termination of the Plan
If the Employer terminates the Plan, McGriff may require the Employer to obtain an advance
IRS Determination Letter on Termination of the Plan at the Employer’s expense.
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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: June 16, 2020 Item Number: 7.h
Attachment(s): Sheriff MOA Final
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 Sheriff MOA. Funds to cover Phase 1 of the Salary Study are contained in the
County’s Contingency Fund. Board approval is required to transfer said 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.”
7.h
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Page 1 of 4
CONSTITUTIONAL OFFICER MEMORANDUM OF AGREEMENT
This Constitutional Officer Memorandum of Agreement (“MOA”), made this 16th day of
June, 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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Page 2 of 4
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: Qualifications for Employment; Applicant Process; Hiring; Appointments;
Vacancies; Classification of Positions; Administration of Pay Plan; Pay of Employees Based on
Performance; Promotions; Scheduling; Employee/Appointee; Discipline; Separations; In-Service
Activities; Off-Duty Management; Rules of Conduct; Re-employment Procedures; and Grievance
Procedures; 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 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
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
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Page 3 of 4
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:_______________________
7.h.a
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: VDOT Solid Waste Acceptance at County Landfill Approval (Staff
Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 16, 2020 Item Number: 7.i
Attachment(s):
Reviewed By:
SUMMARY:
For an extended period, the Virginia Department of Transportation (“VDOT”) has been allowed
to bring materials to the County Landfill without charge. A large percentage of the time, VDOT
was hauling dirt, which could be used as County Landfill daily cover. During the past couple of
years, the amount of brush, construction debris, and other items has increased significantly due
to VDOT projects within the region. County Staff has advised VDOT, effective July 1, 2020, the
County will begin charging VDOT an appropriate tipping fee. During VDOT and County
discussions, VDOT has inquired as to whether the Board would consider a tipping fee of $35.00
per ton for all materials, except clean fill dirt to be used as daily cover.
FINANCIAL IMPACT AND FUNDING SOURCE:
By charging a tipping fee of $35.00 per ton, the County will receive additional revenue in the
Landfill Fund.
RECOMMENDATION:
County Staff recommends the Board commence charging VDOT $35.00 per ton for all materials
being disposed of at the County Landfill, except for clean dirt, effective July 1, 2020.
MOTION:
“I make a Motion, effective July 1, 2020, to charge VDOT a $35.00 per ton tipping fee for all
materials disposed of at the County Landfill, except clean dirt.”
7.i
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Brightminds Reassessment Services Contract Approval Ratification (Staff
Contact: Connie M. Gibson)
Staff Contact(s): Connie M. Gibson
Agenda Date: June 16, 2020 Item Number: 7.j
Attachment(s): Brightminds signed contract
Reviewed By:
SUMMARY:
At its May 19, 2020, Business Meeting, the Board authorized County Staff to commence
negotiation with Brightminds, LCC, for the County’s Reassessment Services, and execute a
contract if said negotiations prove successful. The negotiation with Brightminds, LCC, was
successful, and the attached contract, that has been fully vetted and executed, now requires
Board ratification.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board ratify the attached contract for the County’s Reassessment
Services to Brighminds, LLC, as presented.
MOTION:
“I make a Motion to ratify the attached contract for the County’s Reassessment Services to
Brighminds, LLC, as presented.”
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Fire and Rescue Insurance Contract (Staff Contact: Christopher C.
Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: June 16, 2020 Item Number: 7.k
Attachment(s): RFP 2020-03-03 Fire Insurance
Pittsylvania County Contract - J Mark Bowery 2020
Reviewed By:
SUMMARY:
The County purchases Property and Casualty Insurance, and Accident and Sickness Insurance to
cover the County’s Volunteer Fire and Rescue Departments and their Members. Recently, the
insurance package was re-bid. Bids from Chesterfield Insurance and Volunteer Firemen’s
Insurance Services/J Mark Bowery were received. A Review Committee consisting of Michael
Lee (County Staff), Tim Duffer (Fire and Rescue Commission), and Dean Fowler (Fire and
Rescue Association) reviewed the bid proposals and heard presentations from each vendor.
After careful consideration and discussion, the Review Committee selected VFIS/J Mark Bowery
to potentially provide the requested insurance coverage. The coverage presented by VFIS/J
Mark Bowery exceeds the bid specification and provides more coverage for the County’s
Volunteer Members if injured.
FINANCIAL IMPACT AND FUNDING SOURCE:
This is a budgeted line item in the FY21 County Budget. The annual premium on the insurance
bid, $264,043, came in substantially less than the $375,000 budgeted in the FY21 County
Budget.
RECOMMENDATION:
County Staff recommends the Board award the attached insurance contract to VFIS/J Mark
Bowery.
MOTION:
“I make a Motion to award the attached insurance contract to VFIS/J Mark Bowery as
presented.”
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Request for Proposal
For
PROPERTY AND CASUALTY
ACCIDENT AND MEDICAL
INSURANCE COVERAGES
FOR
PITTSYLVANIA COUNTY FIRE & RESCUE AGENCIES
RFP# 2020-03-03
March 3, 2020
CONTACTS:
CONNIE GIBSON, PURCHASING MANAGER
(434) 432-7744 – E-mail: connie.gibson@pittgov.org
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REQUEST FOR PROPOSALS
Pittsylvania County, Virginia
RFP # 2020-03-03
PROPERTY AND CASUALTY
ACCIDENT AND MEDICAL
INSURANCE COVERAGES
GENERAL INSTRUCTIONS TO OFFERORS
DUE DATE: Sealed Proposals shall be received until April 7, 2020 no later than 2:00PM. Failure to submit
proposals to the correct location by the designated date and hour will result in disqualification.
ADDRESS: One original and (4) copies, and one electronic copy of the proposals should be mailed or hand
delivered to:
Pittsylvania County Purchasing Department
Att: Connie Gibson
1 Center Street
Chatham, VA 24531.
All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed Proposal -
RFP #2020-03-03, “FIRE AND RESCUE PROPERTY AND CASUALTY ACCIDENT AND MEDICAL
INSURANCE COVERAGES” Proposals not so marked or sealed shall be returned to the offeror and will not be
considered.
Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company, firm,
partnership, individual). Proposals shall be signed above the typed or printed name and include the title of the
individual signing on behalf of the offeror (see page All expenses for making Proposals to Pittsylvania County
shall be borne by the offeror. All Proposals shall be received by 2:00pm, April 7, 2020. Any proposal received
after this time and date will not be considered. The offeror has the sole responsibility to have the proposal
received by the Pittsylvania County Purchasing Department at the above address and by the above stated time and
date.
QUESTIONS:
1. All questions regarding this RFP must be made in writing. The written questions must be received by the County
no later than 2:00 p.m., Thursday, March 16, 2020. Questions may be emailed to Connie.gibson@pittgov.org.
2. All responses to questions will be posted on Pittsylvania County website: www.pittsylvaniacountyva.gov by
March 17, 2020, 4:00pm. The offeror has the sole responsibility to go to the website and receive the responses or
by contacting Connie Gibson requesting they be emailed. The responses will be an addendum to the RFP. All such
responses by the County shall become part of the RFP.
3. Oral instructions do not become part of the proposal documents.
Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance
with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, religion,
color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating
to discrimination in employment or contracting.
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In Compliance with this Request for Proposal the named party hereby submits a proposal in response to
Pittsylvania County to furnish services described in this RFP. The entire proposal, including Technical
proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant
to the terms and conditions of the RFP, constitute the entire proposal.
The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded,
conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any
overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage
against Pittsylvania County or any person interested in the proposed contract.
The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP,
including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions.
Further, the party certifies that all information submitted in response to this RFP is correct and true. The person
signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the
By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract.
Name and Address Of Firm:
___________________________________________ Date: ______________________________________
___________________________________________ By: ______________________________________
(Signature in Ink by Officer of the Corporation)
___________________________________________
___________________________________________ Name: _______________________________________
(Please Print)
_________________________Zip Code___________ Title: _____________________________________
Phone: (____) _______________________________ Fax: (_____) _________________________________
E-mail: _____________________________________ State of Incorporation: _________________________
State Corporation Commission #: _________________
Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate
and a list of officers
Addendum No. ____________, dated____________
(Please note all addenda’s)
(Return this Form)
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Purpose
The purpose and intent of this Request for Proposal (RFP) is to solicit sealed proposals from licensed, qualified
firms to establish contracts through competitive negotiations for the coverage of Property and Casualty
Insurance and Accident and Accident, Disability, Death, and Medical Insurance for the Pittsylvania County Fire
& Rescue Association
Background
Fire, rescue and emergency services are provided to the citizens of Pittsylvania County through volunteer fire
departments and rescue agencies. The Association is comprised of 22 volunteer fire departments and 34 rescue
squads and a search and rescue agency. At this time there are approximately 400 active volunteers. These
agencies answer approximately 8,000 Fire and EMS calls per year, for the entire area of rural Pittsylvania
County, approximately 982 square miles.
Proposal Requirements
Proposals shall be as thorough and detailed as possible, while straightforward in nature, so that the Owner may
properly evaluate the Offeror’s capabilities to provide the required services.
Be sure all required pages are signed and returned with your proposal.
Please provide at least one reference of experience with Volunteer Fire & Rescue Agencies.
ATTACHMENTS:
A. Loss Run Reports
B. Building Content
C. Vehicle List
RETURN WITH PROPOSAL:
Page 3- Non Collusive
Page 7- C. Miscellaneous Factors
Page 10- During the performance of this contract, the contractor agrees as follows
Page 11 - STATEMENT OF DISCLAIMER
Page 19- 24 - GENERAL LIABILITY
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GENERAL INSTRUCTIONS
1. All proposals must be submitted in accordance with this RFP. If more space is required to furnish a
description of the program, coverages, and/or services proposed, the offeror must attach additional
information. All information received shall become part of the proposal.
2. The offeror certifies that he/she knows of nothing that could raise the issue of conflict of interest with
regard to this RFP.
3. A contract shall be deemed executory only to the extent of appropriations available for the purchase of
such the same or similar goods or services as requested in this proposal. Future obligations shall be
subject to future appropriations, if any, by the Board of Supervisors. Nothing contained here in shall be
construed as to obligate any future Board.
4. An officer of the proposing firm must sign all proposals. Such signature shall bind the firm to all
obligations under this RFP. All signatures must be original. All forms must be returned with the
proposal.
5. Proposal Binding for Sixty (60) Days:
6. Award of Contract
Selection shall be made of two or more Offerors deemed to be best qualified among those submitting
proposals on the basis of the evaluation factors included in the Request for Proposal, including premium
costs. Selected Offerors may be requested to present and explain their proposals to the Evaluation
Committee and furnish any additional information that may be sought by the Committee. The Offerors
will be ranked and negotiations will be conducted with the Offeror ranked first. If a contract,
satisfactory to the County, can be negotiated, the Contract will be awarded to that Offeror. If not,
negotiations will end with that Offeror and the County would begin negotiations with the Offeror ranked
second.
The award of a contract shall be at the sole discretion of the County Board of Supervisors. It is the
County’s desire to award one contract for all coverage, however, the Board reserves the right to award to
more than one qualified offeror, if in the best interest of the County. The award shall be based upon the
evaluation of all information as made available to the County. The County Board of Supervisors
reserves the right to accept or reject any or all proposals in whole or in part and to waive any informality
in the RFP. The Board reserves the right to enter into any contract deemed to be in its best interest. The
County shall not be obligated to furnish a statement of the reason why a proposal was not deemed to be
the most advantageous.
7. Offeror’s Insurance:
The successful offeror shall procure, maintain, and provide proof of insurance coverages for injuries to
persons and/or property damage as may arise from, or in conjunction with, the work performed on
behalf of the County by the offeror, his agents, representatives, employees or subcontractors. The
successful offeror shall also maintain professional liability coverage for errors and omissions. Proof of
coverage shall be submitted to the County no less than (15) days prior to the binding of this contract and
shall remain in force for the duration of the contract period for occurrence policies. Claims made
policies must be in force or the coverage outlined for three (3) years after the contract completion date.
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INSTRUCTIONS FOR PROPOSAL
1. Please use these specifications as the basis for your proposal.
If your response to this RFP differs in any way from the specifications here in, it is mandatory that any
such deviations be submitted in writing and included with your offer.
2. All proposals meeting the requirements of this RFP shall be reviewed and rated by a County evaluation
committee according to the criteria listed below. The County expressly reserves the right to reject all
proposals received. Furthermore, the County expressly reserves the right to reject any and all proposals,
and to waive any of the terms, conditions, and provisions contained in the RFP.
Evaluation Criteria:
A. Responsiveness – The degree to which the offeror has responded to the RFP. This shall include
but not be limited to the coverages to be provided, flexibility of offeror to meet the needs of the
County, conformity within all material respects to this RFP, etc. (25 points)
B. Experience – Offeror’s experience in providing the services as requested in these specifications
to other public entities. (25 points)
C. Capability – The capability to perform the services as outlined in this RFP. (25 points)
D. Cost – The net premiums charged by the offeror to provide the coverages and services as
specified in this RFP. (15 points)
E. References. (10 points)
3. The factors will include these subjective variables. Please respond to the following and include such
response with your offer.
A. Coverage Factors
1. Insuring Agreements. Please include a specimen copy of all policies quoted outlining coverage
forms and special conditions.
2. Exclusions – Please outline all exclusions.
3. Exceptions – Any and all deviations, whether being deficient or exceeding, from the
specifications shall be provided with your proposal. Any requirements not taken exception to
shall be considered in full compliance with the proposal.
4. Please outline specific advantages your program provides to the County.
5. VENDOR SHALLPROVIDE A BREACKDOWN OF COST.
B. Agency/Insurance Company Services
1. Please describe in detail, claims management and processing. This section is extremely
important.
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2. Will you provide quarterly claims information reports?
3. Please outline your risk control services that will be provided by you or any insurance carrier you
are proposing. Please outline any safety programs that you might provide.
4. Will you furnish departmental premium allocation if requested?
5. Will you provide a periodic survey of the market for the broadest coverage available and at most
competitive price?
6. Will you aid in subrogation claims if needed?
7. Will you provide unlimited service regarding all insurance questions including review of all
leases, rental agreements or other contracts the County may be a party to?
8. Will you obtain details regarding any type of insurance coverage needed or requested by the
County?
9. Outline any additional risk management services that will be provided to the County.
10. Detail the primary person(s) who will be involved in the servicing of this account. This must
include position on the account and experience with public entities.
11. Regarding workers comp and accident and sickness coverage, does your customer service or
claim adjusters work directly with the injured party on their claim and benefits?
C. Miscellaneous Factors
1) Please identify the A.M. Best Key rating of the insurance companies you are proposing.
2) Are they all admitted and licensed to conduct business in the State of Virginia? Please indicate
those which are not.
4 It shall be your obligation to transfer the information contained herein onto your company’s application(s).
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5 The “named insured” for all policies (unless otherwise noted) will read:
Pittsylvania County Board of Supervisors
Name all Fire & Rescue Companies as individual named insureds.
Pittsylvania County Public Safety and the following County recognized Fire and Rescue Departments:
Angel Search and Rescue
Bachelors Hall Fire and Rescue
Blairs Fire and Rescue Department
Brosville Fire and Rescue Department
Dry Fork Fire Deparment
Callands Fire and Rescue
Cascade Fire and Rescue
Chatham Fire Department
Chatham Rescue Squad
Climax Fire Department
Cool Branch Fire Department
Cool Branch Rescue Squad
Gretna Fire and Rescue Department
Hurt Fire Rescue
Keeling Fire Department
Kentuck Fire Department
Laurel Grove Fire Department
Mt. Cross Fire and Rescue Department
Mt. Hermon Fire and Rescue Department
Renan Fire Department
Riceville/Java Fire Depatment
Ringgold Fire and Rescue Department
Riverbend Fire Department
Tunstall Fire Department
640 Rescue Squad
And
7. These individuals shall be considered to be “named insured” in addition to the entity they represent. All
elected officials, appointed officials, members of all appointed or governing bodies, employees and
volunteers while acting on behalf of or working for the listed entities. The mailing address for all policies
and correspondence is:
Connie Gibson, Purchasing Mgr.
Pittsylvania County
P.O. Box 426 – One Center Street
Chatham, VA 24531
8. All requests for inspections or interviews are to be cleared by:
Connie Gibson, Purchasing Manager
Tel: (434) 432-7744
9. The County will contact each offeror with regard to the acceptance of all or part of their proposal. Contact
may be either by telephone or by a written confirmation.
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10. If there are any recommendations, which will or may affect your proposal or the acceptability of the risk,
you must explain these fully in your offer. These include risk control issues, administrative policies, etc.
11. The policy will have an effective date of July 1, 2020 through June 30, 2021 unless otherwise specified.
The award of this contract will be for one (1) year with 4-four (4)- one (1) year renewals. The first year’s
premiums will be submitted with the proposal. The annual renewal premiums will be mutually agreed upon
within 60 days prior to the June 30th renewal date. Any request for premium increases must be justified in
writing.
12. All policies shall be non-auditable.
13. It is the desire of the County to purchase all policies from the same carrier. The County reserves the right to
purchase policies from multiple offerors if it is deemed in the best interest of the County to do so. If your
program is a package program, you must clearly state this in your response to this RFP.
14. It shall be the duty of each offeror to perform any necessary inspections prior to providing a response to this
RFP. Any offer subject to a “satisfactory inspection or other criteria” will not be considered.
15. The County has used due care and diligence in the preparation of these specifications and the information
contained herein. All information is believed to be accurate and complete to the best of our knowledge.
However, the responsibility for determining the full extent of the exposure and the verification of all
information contained herein shall rest solely upon the proposer. The County and its employees, officials or
representatives in the preparation of this RFP will not be responsible for any errors or omissions in these
specifications nor the failure of any proposer to determine the full extent of the exposures.
16. All insurance policies shall contain an inadvertent errors and omissions endorsement.
INSURANCE PROPOSALS
The undersigned certifies he/she has read, understands, and agrees to all terms, conditions, and requirements of
this Request for Proposal, and is authorized to contract on behalf of firm named below. The undersigned further
agrees that he/she has read and is familiar with the specifications and other information as contained in this
Request for Proposal. The undersigned also understands that the County will not be responsible for any errors
or omissions on the part of the undersigned in creating and presenting the proposal. Any deviations or
exceptions must be fully disclosed in writing by the undersigned and included with the response to this Request
for Proposal.
It is understood that the County reserves the right to reject any or all proposals or any part thereof, or to accept
any proposal or any part thereof, and to waive any informality in any proposal deemed to be in the best interest
of the County. The undersigned agrees that the proposal submitted shall remain open and available to contract
by the County for 60 days.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race,
religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational qualification reasonably
necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places,
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available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. The County does not discriminate against faith-based organizations.
The contractor in all solicitations or advertisements for employees placed by or on behalf of the contractor will
state that such contractor is an equal opportunity employer.
Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be
deemed sufficient for the purpose of meeting the requirements of this section.
The contractor will include the provisions of the foregoing paragraphs, b and c in every subcontract or purchase
order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
In compliance with this Request for Proposal, and subject to all the conditions thereof, the undersigned submits,
if this proposal is accepted within thirty (30) days from the due date, to furnish any or all of the items and/or
services upon which proposals are made.
The undersigned also agrees and understands that this request is for “Proposals” and is to be willing to discuss
all proposals with the County’s staff at the request of the County.
By:
(Signed) Authorized Representative
(Typed) Authorized Representative
Name of Firm
Address
Phone and Fax Number (Include Area Code)
________________________________________________________________________
E-mail Address
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STATEMENT OF DISCLAIMER
RE: ______________________________ RFP #
This is to certify that no employee, official, or elected officer of the County of Pittsylvania has a
proprietary interest in the company, corporation, partnership, or other organization, furnishing the goods and/or
services, or stands to benefit personally from the furnishing of such goods or services as referenced above.
FIRM: _________________________
BY: _________________________
TITLE: ________________________
CONTRACTOR ELIGIBILITY CERTIFICATION
This is to certify that this person/firm/corporation has not been barred from
bidding on contracts by any agency of the Commonwealth of Virginia, nor is this
person/firm/corporation a part of any firm/corporation that has been barred from bidding
on contracts by any agency of the Commonwealth of Virginia.
______________________________
Name of Official
______________________________
Title
______________________________
Firm or Corporation
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**Return this page**
GENERAL LIABILITY
LIMIT
1. $1,000,000 Per Occurrence Limit/$2,000,000 Annual Aggregate.
2. $1,000,000 Personal and Advertising Injury/Subject to Annual Aggregate
3. $2,000,000 Products and Completed Operations/Annual Aggregate
4. $100,000 Damage to premises rented.
5. $5,000 Medical Expense Limit
DEDUCTIBLE
$0 (Optional deductibles may be included for consideration)
COVERAGE
Third Party General Liability coverage is to be provided for all locations. When developing your response to
this RFP, you shall include the following minimum coverage formats, limits and endorsements.
1. General Liability coverage form as broad as the Commercial General Liability form and Professional
Liability extensions
2. Coverage on an “Occurrence” basis. Claims-made will not be accepted.
3. The policy shall not be subject to an annual audit.
4. Include volunteers and career members as additional insured within scope of their duties.
5. Include errors & omissions for volunteers & paid.
6. Include Malpractice for volunteers and paid.
7. Personal Injury to be extended to include civil rights violations.
8. Include coverage for special events including dances, meetings, carnivals, bingo, parades, outings & funds
raising activities.
9. Separate Aggregate Limits should apply to each Volunteer Organization of the Association.
10. Include coverage for volunteers, Named Insured and Additional Insured for claims or suits for injuries to a
fellow member of the insured volunteer organization or other volunteer organizations.
11. Highlight any further extensions of coverage you offer.
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12. (90) Day Notice Cancellation, Non-Renewal, or Material Change in coverage.
13. Include any requirements as specified in the General Conditions section of this document.
UNDERWRITING INFORMATION
Please see attached schedule of locations in the property section.
LOSS DATA (if any)
Refer to the “Loss Data” Section at the end of the RFP.
BUSINESS AUTOMOBILE
LIMIT
$1,000,000 per Occurrence, Combined Single Limit (CSL) (Symbol 1)
$2,000 Medical Payments (Symbol 2)
$1,000,000 Uninsured/Underinsured Motorists (Symbol 6)
DEDUCTIBLES
Physical Damage coverage on all vehicles (per attached schedule):
Comprehensive: $1,000
Collision: $1,000
Optional Quote: Please quote a $500 deductible.
COVERAGE
Automobile coverage shall be provided including the following limits, coverages and endorsements.
1. Liability coverage shall be written using “Symbol 1” any Auto. Hired and Non-Owned coverages shall
be provided on an “if any” basis.
2. Please provide replacement cost or agreed value coverage on all Tankers, Pumpers, Brush Trucks,
Ambulances, Ladder Trucks. Please provide coverage on an Actual Cash Value basis of all other
vehicles. (Vehicles with an asterisk should be on a replacement cost basis).
3. Automatic acquisition coverage for newly acquired vehicles during the policy year. This shall eliminate
the need to notify the insurance carrier of the acquisition until renewal.
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4. Equipment permanently attached to vehicles shall be covered.
5. (90) Day notice of cancellation, non-renewal, or material change in coverage.
6. Include any requirements as specified in the General Conditions section of this document.
UNDERWRITING INFORMATION
Please see the attached auto schedules
BUILDINGS & CONTENTS
LIMITS
Buildings & Contents: Per attached schedule
DEDUCTIBLE
$500
COVERAGE
1. Coverage shall include real and personal property at all locations
2. Coverage is to be provided on a Blanket, or All Risk- Agreed Amount basis. 90% Coinsurance is the
minimum requirement.
3. Valuation shall be on at minimum a replacement cost basis.
4. Building Ordinance/Demolition/Increased Cost of Construction coverage with limits no less than 25% of
the scheduled building value.
5. Debris Removal with limits no less than 25% of loss.
6. Pollution removal, $25,000 per occurrence.
7. Outdoor property including signs, retaining walls, which are not part of the building, trees, shrubs, etc.
8. Off premises power failure.
9. Property in transit, $50,000 limit.
10. Collapse
11. Miscellaneous Unscheduled Property, $50,000 limit.
12. Property within 1,000 feet of premises.
13. Flood and Earthquake coverage - $10,000,000 Catastrophe limit
$5,000 Deductible
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14. Loss of Rents/Extra Expense/Business Interruption coverage. $100,000 blanket limit. Special cause of
Loss Form, including extension of time period for loss under Building Ordinance/Increased period of
restoration because of regulatory building requirements, tear down or debris removal.
15. Full coverage shall apply to buildings, which are or do become vacant or unoccupied.
16. Glass breakage, no sub-limits.
17. Property off premises
18. Accounts receivable coverage
19. Valuable papers and records coverage.
20. Members property
21. Computer hardware and software to include virus protection
22. Property off premises.
23. (90) Day notice of cancellation, non-renewal, or material change in coverage.
24. Include any requirements as specified in the General Conditions section if this document.
UNDERWRITING INFORMATION
See attached property schedules.
LOSS DATA (if any)
Please refer to the “Loss Data” Section at the end of the RFP.
FIRE & RESCUE PORTABLE EQUIPMENT
LIMITS Per attached schedules
DEDUCTIBLE
$500
COVERAGE
1. Guaranteed Replacement Cost Coverage with no dollar limits.
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2. Newly acquired property up to $500,000 in value without reporting requirement until renewal. No
additional charge for property acquired during the policy year.
3. Coverage shall apply to all leased, rented or borrowed equipment.
4. Coverage shall be on a blanket basis for all property and shall include miscellaneous owned property,
which is not listed on our statement.
5. Trailers carrying equipment should be considered as portable equipment.
6. Theft of portable equipment by members.
7. Coverage to include flood, earthquake and contamination.
8. (90) Day notice of cancellation, non-renewal, or material change in coverage.
9. Include any requirements as specified in the General Conditions section of this document.
LOSS DATA (if any)
Please refer to the “Loss Data” section at the end of the RFP.
UMBRELLA/EXCESS LIABILITY COVERAGE
LIMIT
Optional limits requested. $2, $3, $4, $5 million per occurrence
DEDUCTIBLE
No deductible.
COVERAGE
1. Coverage is to be provided on a form no more restrictive than the primary underlying policies.
2. Non-auditable
3. Employers Liability
4. Include any requirements as specified in the General Conditions section of this document.
UNDERWRITING INFORMATION
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Proposed Underlying Policies:
A. Business Auto
B. General Liability
C. Professional Liability
LOSS DATA
Please refer to the “Loss Data” Section at the end of the RFP.
VOLUNTEER EMERGENCY SERVICES MANAGEMENT LIABILITY
$3,000,000 LIMIT
$3,000,000 ANNUAL AGGREGATE
$0 DEDUCTIBLE
ACCIDENT & Sickness BENEFITS
(Vendor may also submit a quote for Workers Comp supplemented with an
Accident and Sickness policy with these minimum limits minus Medical Expense
Benefits.)
DEATH BENEFITS
Minimum limits
Covered Injury Death Benefit $200,000
Covered Illness Death Benefit $200,000
HIV Positive Benefit $100,000
Bereavement Benefit $ 10,000
Dependent Child Benefit (each child) $25,000
Seat Belt Benefit $20,000
Include a Career rider for Death Benefits
IMPAIRMENT BENEFITS
Dismemberment, Loss of Speech or Hearing Benefit $100,000
Vision Impairment Benefit $100,000
Cosmetic Disfigurement from Burns Benefit $100,000
Permanent Physical Impairment Benefit $100,000
Felonious Assault Benefit $50,000
Impairment Modification Benefit $25,000
INCOME PROTECTION
Maximum Weekly Total Disability Benefit $ 750
Minimum Weekly Total Disability Benefit $ 300
Earned Income Replacement Benefit $ 400
Partial Disability Benefit $ 500
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First Weekly Total Disability Benefit $ 1,000
Cost of Living Adjustments $ 1,500
Transition Benefit $ 500
Retraining Benefit $20,000
MEDICAL EXPENSES BENEFIT
Medical Expense Benefit $500,000
Plastic Surgical Expense Benefit $100,000
FAMILY ASSISTANCE
Weekly Hospital Confinement Benefit $ 350
Critical Care Benefit $ 700
Family Expense Benefit $10,000
Rehabilitation Benefit $10,000
Mental Stress Management Benefit $10,000
Traumatic Incident Benefit $10,000
Health Insurance Premium Benefit $10,000
AUXILIARY AND JUNIOR MEMBERS
Covered Injury – death, dismemberment, loss of speech
or hearing Full Coverage
Weekly Total Disability Benefit Full Coverage
Weekly Hospital Confinement Benefit Full Coverage
Medical Expense Benefit Full Coverage
Special Illness Benefit Full Coverage
EMPLOYEE DISHONESTY, FORGERY & ALTERATION COVERAGE
$50,000 Limit Blanket Bond
$250 Deductible
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THESE FORMS MUST BE RETURNED WITH YOUR PROPOSAL
Please list what you are proposing in the box next to each item
GENERAL LIABILITY
LIMIT
6. $1,000,000 Per Occurrence Limit/
$2,000,000 Annual Aggregate.
7. $1,000,000 Personal and Advertising
Injury/Subject to Annual Aggregate
8. $2,000,000 Products and Completed
Operations/Annual Aggregate
9. $100,000 Damages to premises rented
10. $5,000 Medical Expense Limit
DEDUCTIBLE
$0 (Optional deductibles may be
included for consideration)
COVERAGE
Third Party General Liability coverage is to be provided on all locations. When developing your response to
this RFP, you shall include the following minimum coverage formats, limits and endorsements.
14. General Liability coverage form as
broad as the Commercial General
Liability form and Professional
Liability extensions
15. Coverage on an “Occurrence” basis.
Claims-made will not be accepted.
16. The policy shall not be subject to an
annual audit.
17. Include volunteers insureds when
acting on behalf of the organization as
additional
18. Include errors & ommissions for
volunteers & paid.
19. Include Malpractice for volunteers and
paid.
20. Personal Injury to be extended to
include civil rights violations.
21. Include coverage for special events
including dances, meetings, carnivals,
bingo, parades, outings & fund raising
activities.
22. Separate Aggregate Limits should
apply to each Volunteer Organization
of the Association.
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23. Include coverage for volunteers,
Named Insured and Additional Insured
for claims or suits for injuries to a
fellow member of the insured volunteer
organization or other volunteer
organizations.
24. Highlight any further extensions of
coverage you offer.
25. (90) Day Notice Cancellation, Non-
Renewal, or Material Change in
coverage.
26. Include any requirements as specified
in the General Conditions section of
this document.
BUSINESS AUTOMOBILE
LIMITS
$1,000,000 per Occurrence, Combined
Single Limit (CSL)
$2,000 Medical Payments
$1,000,000 Uninsured/Underinsured
Motorists
Replacement cost coverage on the following vehicles:
DEDUCTBLES
Physical Damage Coverage:
Comprehensive:
$1,000 Deductible on all vehicles
Collision
$1,000 Deductible on all vehicles
Please quote optional $500 Deductible
COVERAGE
Automobile coverage shall be provided including the following limits, coverages and endorsements.
1. Liability coverage shall be written
using “Symbol 1” any Auto. Hired
and Non-Owned coverages shall be
provided on an “if any” basis.
2. Please provide replacement cost
coverage on all Tankers, Pumpers,
Brush Trucks, Ambulances, Ladder
Trucks. Please provide coverage on
an Actual Cash Value basis of all
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other vehicles. (Vehicles with an
asterisk should be on a replacement
cost basis).
3. Automatic acquisition coverage for
newly acquired vehicles during the
policy year. This shall eliminate
the need to notify the insurance
carrier of the acquisition until
renewal.
4. Equipment permanently attached to
vehicles shall be covered.
5. (90) Day notice of cancellation,
non-renewal, or material change in
coverage.
6. Include any requirements as
specified in the General Conditions
section of this document.
BUILDINGS & CONTENTS
LIMITS
Buildings & Contents: (per attached
schedule)
DEDUCTIBLE
$500
COVERAGE
1. Coverage shall include real and
personal property at all locations
2. Coverage is to be provided on a
Blanket, Agreed Amount basis.
90% Coinsurance is the minimum
requirement.
3. Valuation shall be at minimum a
replacement cost basis.
4. Building Ordinance/ Demolition/
Increased Cost of Construction
coverage with limits no less than
25% of the scheduled building
value.
5. Debris Removal with limits no less
than 25% of loss.
6. Pollution removal, $25,000 per
occurrence.
7. Outdoor property including signs,
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retaining walls, which are not part
of the building, trees, shrubs, etc.
8. Off premises power failure.
9. Property in transit, $50,000 limit.
10. Collapse
11. Miscellaneous Unscheduled
Property, $50,000 limit.
12. Property within 1,000 feet of
premises.
13. Flood and Earthquake coverage.
$10,000,000 Catastrophe limit
14. Loss of Rents/Extra
Expense/Business Interruption
coverage. $100,000 blanket limit.
Special cause of Loss Form,
including extension of time period
for loss under Building
Ordinance/Increased period of
restoration because of regulatory
building requirements, tear down or
debris removal.
15. Full coverage shall apply to
buildings, which are or do become
vacant or unoccupied.
16. Glass breakage, no sub-limits.
17. Property off premises.
18. Automatic coverage for newly
acquired property $500,000 or
under in value without reporting
requirement. No additional charge
shall apply for property acquired
during the policy year with values
under $500,000.
19. (90) Day notice of cancellation,
non-renewal, or material change in
coverage.
20. Include any requirements as
specified in the General Conditions
section if this document.
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FIRE & RESCUE PORTABLE EQUIPMENT
LIMITS (per attached schedules)
DEDUCTIBLE
$500 (Optional $500 deductible to be
quoted)
COVERAGE
1. Replacement Cost Coverage
2. Newly acquired property up to
$500,000 in value without reporting
requirement until renewal. No
additional charge for property
acquired during the policy year.
3. Coverage shall apply to all leased,
rented or borrowed equipment.
4. Coverage shall be on a blanket
basis for all property and shall
include miscellaneous property
owned by the County, which is not
listed on our statement. Coverage
shall be replacement value with no
dollar limit.
5. (90) Day notice of cancellation,
non-renewal, or material change in
coverage.
6. Include any requirements as
specified in the General Conditions
section of this document.
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UMBRELLA/EXCESS LIABILITY COVERAGE
LIMIT
Optional limits requested. $2, $3, $4, $5
million per occurrence
DEDUCTIBLE
A $0 SIR is preferable.
COVERAGE
1. Coverage is to be provided on a
form no more restrictive than the
primary underlying policies.
2. Non-auditable
3. Professional Liability
4. Include any requirements as
specified in the General Conditions
section of this document.
VOLUNTEER EMERGENCY SERVICES MANAGEMENT LIABILITY
Please provide an outline of the benefits being proposed.
ACCIDENT AND HEALTH BENEFITS
Please provide an outline of the benefits being proposed.
EMPLOYEE DISHONESTY, FORGERY & ALTERATION COVERAGE
Please provide an outline of the benefits being proposed.
LOSS DATA
Please refer to the “Loss Data” Section at the end of the RFP.
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ESTIMATED AMOUNT OF PORTABLE EQUIPMENT
BY DEPARTMENT
Brosville Volunteer Fire Department
1. Miscellaneous Equipment $264,396.00
Cascade Volunteer Fire Department
1. Miscellaneous Equipment $223,360.00
Blairs Volunteer Fire & Rescue
1. Miscellaneous Equipment $273,369.00
Callands Volunteer Fire & Rescue
1. Miscellaneous Equipment $245,958.00
Chatham Volunteer Fire Department
1. Miscellaneous Equipment $249,189.00
Climax Volunteer Fire Department
1. Miscellaneous Equipment $237,808.00
Cool Branch Volunteer Fire Department
1. Miscellaneous Equipment $223,051.00
Dry Fork Volunteer Fire Department
1. Miscellaneous Equipment $125,000.00
Gretna Volunteer Fire and Rescue Department
1. Miscellaneous Equipment $327,000.00
Laurel Grove Volunteer Fire & Rescue
1. Miscellaneous Equipment $237,404.00
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Mount Cross Volunteer Fire Department
1. Miscellaneous Equipment $242,936.00
Mount Hermon Volunteer Fire Department
1. Miscellaneous Equipment $ 264,000.00
Renan Volunteer Fire Department
1. Miscellaneous Equipment $185,000.00
Riceville/Java Volunteer Fire Department
1. Miscellaneous Equipment $ 185,555.00
Ringgold Volunteer Fire Department
1. Miscellaneous Equipment $320,000.00
Keeling Volunteer Fire Department
1. Miscellaneous Equipment $ 201,193.00
Kentuck Volunteer Fire Department
1. Miscellaneous Equipment $ 163,622.00
Riverbend Volunteer Fire Department
1. Miscellaneous Equipment $145,000.00
Tunstall Volunteer Fire & Rescue
1. Miscellaneous Equipment $342,980.00
Cool Branch Rescue Squad
1. Miscellaneous Equipment $138,447.00
Angel Search & Rescue
1. Miscellaneous Equipment $ 31,376.00
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EQUIPMENT SCHEDULE
Chatham Rescue Squad
1. Miscellaneous Equipment $150,000.00
640 Community Rescue Squad
1. Miscellaneous Equipment $90,000.00
Bachelors Hall Volunteer Fire Department
1. Miscellaneous Equipment $211,566.00
Hurt Volunteer Fire Department
1. Miscellaneous Equipment $ 300,433.00
TOTAL ESTIMATED AMOUNT: $5,378,643.00
(Request blanket coverage, as we do not have
itemized lists of equipment on each individual
department)
INLAND MARINE- Unscheduled
ATVS- $250,000
Computers- Hardware/Software $187,500
Trailers- 15 $30,000
Special Operations Team- equipment $ 78,000
TOTAL $545,500
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PURCHASING DEPARTMENT
I. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS
1. Reservation of County Rights:
The County reserves the right to accept or reject any or all bids, to waive any informality and to
make an award to a party other than the low bidder, if deemed in the best interest of the County, subject
to the provisions under the Virginia Public Procurement Act.
The County does not discriminate against faith-based organizations.
2. Laws of the Commonwealth:
Any purchase order/contract resulting from this bid process shall be
governed; in all respects whether as to its validity, construction, capacity, performance or otherwise; by
the laws of the Commonwealth. Successful bidders providing goods to the County herewith assure the
County that they are conforming to the provisions of the Civil Rights Act of 1964, as amended, as well
as the Virginia Fair Employment Act of 1975, as amended, where applicable and Section 2.2-4311 of
the Virginia Public Procurement Act which provides:
In every contract of over $10,000 the provisions in 1 and 2 below apply:
(1) During the performance of this contract, the contractor agrees as follows:
A. Nondiscrimination Clause: The contractor will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, national origin, age, disability, or
other basis prohibited by state law relating to discrimination in employment, except where there
is a bona fide occupational qualification reasonably necessary to the normal operation of the
contractor. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
B. Equal Opportunity Employer: The contractor, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, will state that such contractor is an equal
opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
(2) Subcontractors: The contractor will include the provisions of the foregoing paragraphs A, B, and C in
every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each
subcontractor or vendor.
(3) Drug Free Workplace – During the performance of this contract, the contractor agrees to (i) provide a drug-
free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution,
possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and
specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all
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solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor
maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or
purchase order of over $10,000, so that such provision will be binding upon each subcontractor or vendor.
3. Tax Exemption:
The County is exempt from State sales, and use taxes and will issue a
Certificate of Exemption upon request. Deliveries against any items of this bid procedure shall be free
from any excise or transportation taxes. Excise exemption registration NO. 54-600-1508 may be used
when required or necessary on behalf of the County.
4. Modifications, Additions, or Changes:
Modifications, additions, or changes to the terms and conditions of this
invitation to bid may be cause for rejection of your bid. All bids shall be entered on the official bid
forms, if provided. Bidders who attach or submit bids on their or any other forms may be considered
unresponsive and may be rejected if an official bid form is provided.
5. Delivery Point:
Except when otherwise specified herein, all items shall be F.O.B. delivered to any point within
the County as directed by the Central Purchasing Department.
6. Transportation and Packaging:
The authorized agent by signing this bid certifies and warrants that the bid price offered for
F.O.B. destination, includes only the actual freight rate costs at the lowest and best rate and is based on
the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial
packaging, packing and shipping containers shall be used. All shipping containers shall be properly and
legibly marked or labeled on the outside with the commodity description and number, size and quantity.
7. Evaluation of Bid Documents:
If any prospective bidder is in doubt as to the true meaning of any part of the specifications or
other bid documents, the prospective bidders shall submit a written request, within the time frame
provided, after receipt of the invitation to bid to the Central Purchasing Department. The Central
Purchasing Department will have final authority to review any discrepancies or deficiencies in the
specifications and then make the necessary interpretations or revisions. Interpretations or revisions shall
be made official by the issuance of any necessary addendum and distributed to all potential bidders. The
Central Purchasing Department will not be responsible for explanations or interpretations of the bid
documents, except as issued in writing by the Purchasing Manager and/or County Administrator.
8. Default:
In the case of default by the successful bidder or failure to deliver the goods or services ordered
by the time specified, the Department of Central Purchasing, after due written notice may procure these
goods or services from other sources and hold the defaulting vendor responsible for any excess cost
occasioned thereby.
9. Anti-Collusion Certification:
The authorized agent by signing this bid certifies and warrants that this
bid is made without prior understanding, agreement, or connection with any corporation, firm or person
submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and
without collusion or fraud. The signing agent understands collusive bidding is a violation of the
Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil
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damage awards. The signing agent also agrees to abide by all conditions of this bid and certifies that he
or she is duly authorized to sign this bid for the bidder represented herein.
10. Kickbacks:
The signing agent certifies and warrants that neither he/she nor the bidder
from whom he/she is authorized to act has offered or received any kickback from any other bidder,
suppliers, manufacturer, or subcontractor in connection with his/her bid on this solicitation. A kickback
is defined as an inducement for the award of a contract, subcontracts or order, in the form of any
payment, loan, subscription, advance, deposit of money, services or anything, present or promised,
unless consideration of substantially equal or greater value is exchange. Further, no person shall
demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of
value in return for an agreement not to compete on a public contract.
11. Gifts by Bidder, Offeror, Contractor, or Subcontractor:
No bidder, offeror, contractor, or subcontractor, shall confer on any public
employee or official having formal responsibility for a procurement transaction, any payment, loan,
subscription, advance, deposit of money, services or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value is exchanged.
12. Termination/Cancellation of Contract:
Subject to the provisions below, the contract may be terminated by either
party upon sixty (60) days advance written notice to the other party; but if any work or service hereunder
is in progress, but not completed as of the date of termination, then this contract may be extended upon
written approval of the County until said work or services are completed and accepted.
A. Termination for Convenience
In the event that this contract is terminated or cancelled upon
request and for the convenience of the County, without the required sixty (60) days advance
written notice, then the County shall negotiate reasonable termination costs, if applicable.
B. Termination for Cause
Termination by the County for cause, default or negligence on the
party of the appraiser or firm shall be excluded from the foregoing provision; termination costs,
if any, shall not apply. The sixty (60) days advance notice requirement is waived in the event of
Termination of Cause.
C. Non-Appropriation Clause/Termination due to Unavailability of Funds in Succeeding Fiscal
Years
When funds are not appropriated or otherwise made available to
support continuation of performance in a subsequent fiscal year, the contract shall be cancelled
and the contractor shall be reimbursed for the reasonable value of any non-recurring costs
incurred but not amortized in the price of the supplies or services delivered under the contract.
13. Quantities:
Quantities set forth in this invitation are estimates only, and the successful
bidder shall supply at bid prices actual quantities as ordered regardless of whether such total quantities
are more or less than those shown.
14. Ordering:
All orders from the County shall be issued by the Central Purchasing
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Department. A County purchase order number is required for the contract; yet partial order quantities
and deliveries will be accepted upon request or as outlined in the Special Specifications, by the Central
Purchasing Department. No other department or personnel other than those in the Central Purchasing
Department of the County are qualified to issue purchase orders, make changes in orders, or accept
delivery on orders under this contract without specific written authorization being received by the
contractor from the Central Purchasing Department or as otherwise specified in the Special
Specifications.
15. Invoices/Billing Process:
Invoices for items ordered, delivered, and accepted by the Central
Purchasing Department or authorized departments shall be submitted by the contractor directly to the
Accounting Department, at the address shown on the purchase order. The purchase order number must
be referenced on all invoices regardless of quantities delivered, backordered, etc. Any outstanding
quantities not included in the billing or invoice should be shown on a separate statement specifically
marked, as not being an invoice for payment yet is an accountability of items and cost outstanding.
16. Discounts:
All bids will be evaluated and awarded on net prices. Cash discounts will
not be considered in making awards. If cash discounts for prompt payment are offered, it must be
clearly shown on the bid forms in the space provided. On monthly invoices any payment terms must be
clearly marked. The County will attempt to take advantage of any such discounts provided our
timetable allows us to do so.
17. Hold Harmless:
The successful contractor assumes and agrees to indemnify, defend and
hold harmless Pittsylvania County, Virginia, its officers, agents, and employees from any claims,
damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use
of any materials, labor, goods, or equipment of any kind or nature furnished by the contractor, provided
that such liability is not attributable to the sole negligence on the part of the using agency or to the
manner outlined by the contractor and description literature or specifications submitted with the
contractor’s bid.
18. Warranty:
The contractor shall provide warranty documents on any material, goods
or equipment of any kind or nature provided by the contractor, his subcontractor or other agents. The
warranty shall be in effect for the period of time specified.
19. Contractual Intent
Upon successful award of this bid by the County, it is the County’s intent
to have a written contract fully executed by all participating parties. This contract shall delineate the
capacity, performances and considerations for all parties involved.
The contents of the bid submitted by the successful bidder and the bid specifications shall
become a part of any contract awarded as a result of these specifications. The successful vendor will be
expected to sign a “Standard Contract for Services” with the County.
Sample contracts may be submitted by either party at the time of the bid, however, the County
reserves the right to use its uniform contract format over all samples submitted.
20. Insurance
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By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies
that if awarded the contract, it will maintain all required Worker’s Compensation, Employer’s Liability,
Commercial General Liability and Automobile Liability insurance coverage during the entire term of the
contract and that all insurance coverage will be provided by insurance companies authorized to sell
insurance in Virginia by the Virginia State Corporation Commission. Copies of insurance certificates
shall be submitted with all bids/proposals.
MINIMUM INSURANCE COVERAGES AND LIMITS:
1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more
employees, to include the employer. Contractors who fail to notify the County of increases in the number of employees that
change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in
noncompliance with the contract.
2. Employer’s Liability - $100,000.
3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability
is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations
coverage. Pittsylvania County shall be added as an additional insured to the policy by an endorsement.
4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the County is to
be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party
owner of such motor vehicle.)
Profession/Service Limits
Accounting $1,000,000 per occurrence, $3,000,000 aggregate
Architecture $2,000,000 per occurrence, $6,000,000 aggregate
Asbestos Design, Inspection or Abatement $1,000,000 per occurrence, $3,000,000 aggregate
Health Care Practitioner (to include Dentists, Licensed Dental
Hygienists, Optometrists, Registered or Licensed
Practical Nurses, Pharmacists, Physicians, Podiatrists,
Chiropractors, Physical Therapists, Physical
Therapist Assistants, Clinical Psychologists,
Clinical Social Workers, Professional Counselors,
Hospitals, or Health Maintenance
Organizations.) $2,150,000 per occurrence, $4,250,000 aggregate
(Limits increase each July 1 through fiscal year 2031per Code of Virginia § 8.01-581.15.)
Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate
Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate
Legal $1,000,000 per occurrence, $5,000,000 aggregate
Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate
Surveying $1,000,000 per occurrence, $1,000,000 aggregate
21. Use of Name Brands Within These Specifications:
The name of a certain brand, make, manufacturer, or definite specification
is to denote the quality to the specific brand, make, manufacturer, or specification named; it is to set
forth and convey to prospective bidders the general style, type, character and quality of article desired,
and wherever in specifications or contract documents a particular brand, make of materials, device or
equipment shall be regarded merely as a standard. Any other brand, make of material, device or
equipment which is recognized the equal of that specified, considering quality, workmanship and
economy of operation and is suitable for the purpose intended, shall be considered responsive to the
specifications.
22. Access To Records:
The County Administrator or his duly authorized agent, shall, until the
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expiration of three (3) years following the final payment on this Agreement, have access to and the right
to examine and copy any directly pertinent books, documents, papers, and records of Lessor and
Assignee involving transactions related to this Agreement. Lessor and Assignee shall have the
reciprocal right, until the expiration of three (3) years following final payment on this Agreement, to
have access to and examine and copy any directly pertinent books, documents, papers and records of the
County Administrator in the event of litigation or arbitration involving this Agreement, rights of access,
examination and copying hereunder granted to Lessor, Assignee, and Lessee shall continue until such
claims have been finally disposed of.
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7.k.aPacket Pg. 134Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
BUILDINGS & CONTENTS SCHEDULE
Building Description/Address Year Sq. Ft. Construction Building Value Contents Value
BROSVILLE VFD
1. 2 Story, 11912 Martinsville Hwy, Danville 1976 6,500 Brick/Masonry $301,057 $35,000
BLAIRS VOLUNTEER FIRE & RESCUE
1. 7100 US HWY 29 N., Blairs 2001 10,000 Brick $974,957 $56,500
CALLANDS VFD
1. 11741 Callands Rd. 1979 5,584 Block $304,819 $37,000
2. Storage Building 1990 600 Wood Frame $5,408 $1,622
3. Storage Building Unk 3,400 Wood Frame $21,632 $8,653
CHATHAM VFD
1. Depot Street 2004 12,000 Brick/Block $757,120 $26,000
CLIMAX VFD
1. South 799 2000 7,500 Block $432,640 $32,000
St Rd 799 Block $124,402 $21,632
COOL BRANCH VFD
1. SR 626 & SR 610 1989 4,800 Masonry $260,108 $21,632
DRY FORK FIRE VFD
1. 4860 Dry Fork Road 1995 5,400 Brick/Block $273,192 $17,000
GRETNA VFD
1. 122 East Gretna Rd. Gretna 2004 12,400 Brick/Block $912,789 $35,000
LAUREL GROVE VOL. FIRE & RESCUE
1. SR 659 & SR 710, Sutherlin, VA 1994 5,500 Block $509,600 $27,040
2. SR 659- Storage Building 1970 2,000 Frame $3,245 $10,816
MOUNT CROSS VFD
1. Rte. 8, Danville 2006 6045 Metal/Steel $811,200 $32,000
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Packet Pg. 135 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
BUILDING & CONTENTS SCHEDULE (Page 2)
Building Description/Address Year Sq. Ft. Construction Building Value Contents Value
MOUNT HERMON VFD
4268 Franklin Turnpike, Danville Unkown 3,000 Block/Brick $266,352 $24,000
RENAN VFD
1. Rte. 2, Gretna 1961/2003 5,000 Block $266,352 $15,000
RICEVILLE-JAVA VFD
1. Riceville Location 3105 Java Road, Java 2000 5,000 Brick/Metal $286,540 $21,632
RINGGOLD VFD
1. 3880 Tom Fork Road, Ringgold 2002 8,400 Brick/Metal $1,065,388 $60,000
2. 6-Bay Building $17,306 $2,163
RIVERBEND VFD
1. 1535 Ferry Road 1987 2,800 Brick/Block $163,627 $26,000
TUNSTALL VFD
1. 740 Tunstall High Road, Dry Fork 2008 10,400 Metal $973,440 $64,896
2. Storage Building, Same Address 1992 216 Wood Frame $3,245 $35,000
COOL BRANCH RESCUE SQUAD
1. Rte. 626 & 610, Penhook 2003 5,508 Brick $324,480 $32,448
ANGEL SEARCH & RESCUE
CHATHAM RESCUE SQUAD
1. Military Drive, Chatham 1965 1,650 Brick $248,768 $16,224
GRETNA RESCUE SQUAD
1. 102 E. Gretna Rd., Squad Building 1979 5,183 Wood/Brick $274,681 $16,494
2. Same Address, Storage Building 1997 900 Wood/Vinyl $10,816 $5,408
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Packet Pg. 136 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
BUILDINGS & CONTENTS SCHEDULE (Page 3)
Building Description/Address Year Sq. Ft. Construction Building Value Contents Value
640 COMMUNITY RESCUE SQUAD
1. 164 Riceville Rd 1988 1,900 Shell $131,561 $17,000
HURT VFD
1.203 School Road, Hurt unknown Block/Brick $298,820 $37,856
BACHELORS HALL VFD
1.1300 Berry Hill Road, Danville 1986 5,000 Brick $294,681 $27,000
CASCADE VFD
Single story , 5497 Cascade Rd. Cascade 1986 3,100 Masonary $163,992 $18,000
Storage Building 2012 12 x 16 Wood
KEELING VFD
2200 Oak Grove Road 1991 4,500 Brick $243,458
Storage Building 2001 Wood Frame $3,245 $2,163
KENTUCK VFD
# 1 Building 1961 3,500 Brick $196,947 $12,000
200 Ringgold Church Rd # 2, Ringgold 2006 6,000 Brick/Block $432,640 24,000
TOTAL BLANKET VALUES 100% : BUILDINGS – $11,358,508.00
CONTENTS - $819,179.00
TOTAL BLANKET VALUES 90%: BUILDINGS - $10,222,657.20
CONTENTS - $737,261.10
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Packet Pg. 137 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
ATTACHMENT C
PITTSYLVANIA COUNTY VEHICLE LIST
Year Vehicle Description VIN# Value
2007 FORD AMBULANCE 1FDXF47P37EB01405 $135,000
2014 OSAGE SUPER WARRIOR AMBULANCE 3C7WRLCL2EG232192 $171,250
1969 AM GENERAL BRUSH TRUCK 10297 $53,000
1998 FREIGHTLINER FIRE TRUCK 1FV6HLCB88WH942118 $150,000
2000 FRIEGHTLINER FIRE TRUCK 1FV6HLCB61HH48182 $130,209
2002 FORD 1ST RESPONDER TRUCK 1FDXW47F12EC70757 $52,000
2013 FORD F450 AMBULANCE 1FDUF4HT9DEB78564 $161,900
2017 Gator Trailer 4Z1UA1214HS031257 $1,400
2016 FREIGHTLINER PUMPER 1FVACYDT4HHHF9393 $300,000
2019 Ford E450/Medix ME166 Type III Ambulance 1FDXE4FS9KDC01435 $180,000
1984 HOME CONCESSION ASN6065UA Liability Only
1995 FREIGHTLINER PUMPER 1FV6JLCB45L681453 $150,000
2000 FORD F550 BRUSH TRUCK 1FDAF57F3YEE55221 $50,000
2006 PIERCE CUSTOM ENFORCER 4PICEO1A46A006545 $460,000
2009 DODGE 4500 AMBULANCE 3D6WD66L99G520400 $152,369
2013 FORD F250 FIRE TRUCK 1FT7W23T4DED58737 $52,854
2013 MACK GRANITE FIRE TRUCK 1M2AX16C1EM025282 $379,900
2013 HURST TANDEM TRAILER 1H9TE1628D1057058 $2,300
2016 BRAUN AMBULANCE 1FDUF5HT0GEC75968 $233,000
2019 PIERCE ENFORCER 4P1BAAFF5KA020580 $577,180
2018 CHEVROLET TAHOE 1ST RESPONDER 1GNSKFEC4KR215704 $60,000
2002 AMERICAN PUMPER TANKER 1HTMKADR121H411067 $160,000
2002 NAVISTAR 4400 E-ONE TRUCK 1HTMKADR12H551166 $160,000
2009 4400 PIERCE FIRE TRUCK 1HTMKAZRXAH181763 $263,000
2012 FORD F250 BRUSH TRUCK 1FT7W2B62CEA95114 $59,358
2012 FORD F450 AMBULANCE 1FDUF4HT9CEC22884 $153,604
2012 FORD F450 AMBULANCE 1FDUF4HT9CEC35747 $153,604
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Packet Pg. 138 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
2013 INTER RESCUE TRUCK 4400 1HTMKAZR7DH298849 $301,265
2015 FORD F250 1FT7W2B65FEA58756 $34,997
1996 GMC FIRE TANKER 1GDP7H1J1TJ511744 $130,000
1967 KAISER JEEP BRUSH TRUCK 4L6030 $60,000
2005 INTER S4400 PUMPER TANKER 1HTMKA21R15H122624 $220,000
2012 FORD F550 BRUSH TRUCK 1FD0X5HY2CEC95592 $100,000
1978 CHEV. PUMPER TANKER CKR3388152850 $130,000
1993 FREIGHTLINER PUMPER 1FV6JCBXRL833262 $150,000
2000 FREIGHTLINER FL80 CRASH TRUCK 1FV6JFBB7YHA65358 $200,000
2003 CHEV AMBULANCE 1GBJK34174E163311 $84,109
2005 FREIGHTLINER TANKER 1FVJC5CV95HV46873 $290,000
1983 CHEVROLET ATLAS TANKER 1GBL7D1E30V100858 $75,000
2012 DODGE 450 AMBULANCE 3C7WDLCL4CG211047 $205,000
2000 FORD CROWN VIC RESPONDER 2FAFP71W3YX114479 $10,000
2015 CHEVROLET C25 BRUSH TRUCK 1GB3KYC36FF141275 $130,000
2017 CHEVROLET SILVERADO 1ST RESPONDER 1GC4KYCG1HF110082 $40,000
1996 FREIGHTLINER PUMPER 1FV6JLCB6TH599907 $150,000
2000 FORD F350 BRUSH TRUCK 1FDWF37F9YEB13444 $80,000
2002 FREIGHTLINER TANKER 1FVABXBS02HK94143 $200,000
2007 PIERCE CUSTOM PUMPER 4P1CC01A97A007634 $350,000
1992 PIERCE ARROW LADDER TRUCK 4PICA02G5PA000544 $350,000
2010 HOOPER UTILITY TRAILER 4TOFB141A1004618 $1,600
2001 INTERNATIONAL PUMPER 1HTSDADR41H293709 $117,607
1999 FORD F550 BRUSH TRUCK 1FDAF57F5XED62375 $40,000
2009 PIERCE TANKER 2NKHHN8X39M250373 $180,000
1988 FORD E350 1ST RESPONDER 1FDH534M5JHA62519 $20,000
1999 FREIGHTLINER FIRE TRUCK 1FV6JJCB0XH973311 $150,000
1995 FREIGHTLINER E-1 PUMPER 1FV6JLCB8SL681844 $150,000
2003 FREIGHTLINER FIRE TRUCK 1FVHBGCV83MH00251 $225,000
2005 EMERGENCY ONE QUINT 4EN3AAA8341007898 $550,000
2016 FORD BRUSH TRUCK 1FD0X4HTXGEA45635 $134,785
2001 FORD CROWN VIC RESPONDER 2FAFP71W71X129766 $8,000
1998 CHEV. 1ST RESPONDER 1GBJK34R0WF006948 $50,000
2000 NAVISTAR KME PUMPER 1HTSDADR7YH260584 $170,000
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Packet Pg. 139 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
2007 FREIGHTLINER PUMPER TANKER 1FVACYDJ77HY18337 $266,000
1986 CHEVROLET BRUSH TRUCK 1GBJK34WGS169097 $50,000
1992 E-ONE PUMPER 4ENRAAA83N1009839 $220,000
2000 DODGE 3500 BRUSH TRUCK 3B7MF365XYM238967 $50,000
2008 KENWORTH M300 M & W 2NKMHN8X18M225808 $160,000
2005 FORD CROWN VICTORIA 2FAHP71WX5X157561 Liability Only
2003 2003 INTERNATIONAL PUMPER 1HTMKADR13H550701 $135,000
2006 FORD CROWN VICTORIA 2FAFP71W26X107732 $2,000
1994 FREIGHTLINER PUMPER 1FV6JLCB7SL635650 $150,000
2001 PIERCE SABRE PUMPER 4PICTO22U11A001066 $235,000
2007 KENWORTH TANKER 2NKMHZ8X87M170554 $200,000
2009 GMC 5500 PIERCE MINI PUMPER 1GDG5E3919F407189 $152,000
1997 FORD F250 PICKUP BRUSH 1FTHF26HOVEA56556 $60,000
2004 Moonshine Boat Trailer 4RPBB16104C019941 $2,500
2018 Dodge Ram 1500 Command 1C6RR75ST8JS212204 $60,000
1996 FORD MINI-PUMPER 1FDLF47F1TEA72924 $75,000
2001 KME PUMPER 1HTSDADR01H370639 $190,000
1997 FORD EXPEDITION 1 RESP 1FMFU18L4VLA69486 $5,000
2004 CHEV CARGO VAN 1GCGG25V841221074 $6,000
2010 M & W KENWORTH TANKER 2NKHLN9X3AM271581 $240,000
2004 CARRY-ON ENCLOSED TRAILER 4YMCL16274G036443 $8,000
1975 CHEVROLET FIRE TRUCK F616V673943 Liability
1993 FREIGHTLINER PUMPER 1FVGHLCB5PL476405 $150,000
2002 FORD AMBULANCE 1FDWF37F82EB08209 $95,000
2007 FREIGHTLINER FIRE TRUCK 1FVACYDJ87HU63596 $229,886
1982 GMC TRUCK 1GDL7D1EXCV592536 $130,000
2016 DODGE AMBULANCE 3C7WRLBL5GG295422 $240,000
1997 FREIGHTLINER PUMPER TANKER 1FV6JLCB2VH722220 $150,000
1992 INTERNATIONAL PUMPER TANKER 1HTSDPBRONH426980 $150,000
2002 FORD F550 BRUSH TRUCK 1FDAF57FS2ED52048 $70,000
2004 FORD AMBULANCE 1FDXF47P04EC92373 $150,000
2009 PIERCE SABRE RES PUMPER 4PICS01AX9A009415 $345,000
2000 EQUIPMENT PRO-TRAILER 5L2F2151 $1,200
2017 FORD AMBULANCE 1FDUF5HTXHEB60103 $252,157
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Packet Pg. 140 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
2006 E-ONE PUMPER TYPHOON 4ENRAAA8861001172 $300,000
1988 CHEV FIRE TRUCK 1GBM7D1G0JV117747 $150,000
2007 INTER 4400 WETSIDE PUMPER 1HTMKAZR67H391530 $138,000
1991 GMC 3500 CRASH TRUCK 1GDJK34NXME512794 $30,000
2013 FORD F350 BRUSH TRUCK 1FD8X3B69DEB36018 $96,000
2009 FORD CROWN VICTORIA 2FAHP71V49X104027 $4,000
2018 FREIGHTLINER M2 PUMPER 1FVDCYFE5JHJS5979 $365,000
1980 CHEV MINI PUMPER CKM33AB130479 $75,000
1994 CHEV SUBURBAN RES 1GNFK16K7RJ436717 $30,000
2003 FREIGHTLINER TANKER 1FVACYCS83HL99547 $175,000
2003 FREIGHTLINER PUMPER 1FVACYCS93HL87147 $200,000
2008 CHEV. 3500 1ST RESPONDER 1GBJK33698F184125 $65,000
2017 FREIGHTLINER PIERCE FIRE TRUCK 1FVDCYDT3HHHF9351 $347,000
2001 KME MINI PUMPER 1FDAF57F21ED14890 $109,278
1983 CHEV C30 GRUMMAN MINI PUMPER 1GBJK34W4DV129094 $80,000
2010 FREIGHTLINER TANKER PUMPER 1FVACYBS6ADAP6719 $179,410
1998 CHEVROLET FIRE TRUCK/BRUSH 1GCGK29R6WE241692 $25,000
2012 CARRY-ON 3K Gate 6x12 Trailer 4YMUL1117DV001558 $1,299
2002 FREIGHTLINER PUMPER 1FVABXBS22HK28614 $210,000
2007 FREIGHTLINER EONE TANKER 1FVACYDJ47HU63594 $247,000
2008 FORD F450 AMBULANCE 1FDXF47R78ED52429 $146,000
2012 FORD F350 RESCUE TRUCK 1FD0W5HT8CEB31453 $84,000
2015 FORD F450 TYPE 1 AMBULANCE 1FDUF4HT2FEA71861 $178,600
2010 LANDSCAPE 14' TRAILER 5LEBZ2279A1011227 $1,600
2000 FORD E450 AMBULANCE 1FDXE45F6YHB94031 $90,000
2004 FREIGHTLINER CRASH TRUCK 1FVACXCS14HM51760 $179,991
2006 FORD E450 HORTON AMBULANCE 1FDXE45PX6HA72990 $121,200
2011 FORD F450 AMBULANCE 1FDUF4HT9BEA43078 $157,224
2011 FORD EXPEDITION 1FMJU1G54BEF52263 $68,000
2008 INTERNATIONAL AMBULANCE 1HTMNAAM48H675957 $35,000
2001 FORD CROWN VICTORIA 2FAFP71W81X151064 LIABILITY ONLY
2006 FORD F450 OSAGE AMBULANCE 1FDXF47P26EC74864 $135,000
1997 FORD EXPEDITION 1FMFU18LOVLB45589 $60,142
2015 DODGE AMBULANCE 3C7WRLCL7FG559348 $210,200
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Packet Pg. 141 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
2012 CARRY-ON 6X12 TRAILER 4YMUL1213DG002193 $1,299
2017 KENWORTH T370 RESCUE TRUCK 2NKHHJ8X8HM169523 $400,000
2019 FORD F350 TRUCK 1FT8W3BT3KEC81856 $77,500
1995 GMC CRASH TRUCK 1GDJJ7H1M9SJ500778 $90,000
2005 FREIGHTLINER AMBULANCE 1FVACWCS95HN83080 $135,758
2008 INTERNATIONAL AMBULANCE 1HTMRAAM68H685913 $158,000
2014 FORD AMBULANCE 1FDUF4HT9EE074643 $107,643
2011 CHEVROLET AMBULANCE 1GB6G5CL4B1117879 $40,000
2007 FORD AMBULANCE 1FDXF47P37EB01405 $135,000
2014 OSAGE SUPER WARRIOR AMBULANCE 3C7WRLCL2EG232192 $171,250
2008 COVENANT TRAILER 5RMBE10108D011913 $1,850
2009 LARK ENCLOSED TRAILER 5RTBE14219D013162 $6,000
1960 HOMEMADE TRAILER 11518462TR $5,000
1995 Chevrolet 2500 P.Up/1st Responder 1GCGK29K35E178340 $7,500
1989 Black Single Axle Boat Trailer 1C9BS1612K1000288 $1,500
2003 Pierce Heavy Duty Rescue Truck 4P1CT02E13A003427 $181,000
2005 East Tennesee Cargo Trailer 5KXBV18285M004957 $3,895
2014 Wesco Boat Trailer 1W7B11810E1002661 $1,990
2005 Pace American 16 ft Trailer 4PUB16295G098531 $4,442
1992 Ford Crash Truck 2FDLF47M9NCA50533 $50,000
2002 Ford Wheeled Coach Ambulance 1FDXF47F02ED53547 $180,000
2019 Nexhaul Trailer 564BC2020KR017748 $2,200
2013 *FORD F150 TRUCK 1FTFW1EF9DFB06302 $30,000
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Packet Pg. 142 Attachment: RFP 2020-03-03 Fire Insurance (2045 : Fire and Rescue Insurance Contract (Staff Contact:
County of Pittsylvania, VA
Contract Number: 20200701
This contract entered into this 1st day of July, 2020 by Correll Insurance Group, LLC hereinafter
called the “Contractor” and County of Pittsylvania called the “Purchasing Agency.”
WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual
covenants, promises and agreements herein contained, agree as follows:
SCOPE OF SERVICES: The Contractor shall provide the services to the County of Pittsylvania as
set forth in the RFP 2020-03-03 and proposal received.
PERIOD OF PERFORMANCE: PERIOD OF PERFORMANCE: From 07/01/2020 through 06/30/2021
with four (4) one- year renewals agreed upon from both parties.
The contract documents shall consist of:
A. This signed form;
B. The following portions of the Request for Proposals dated March 3, 2020:
(1) Scope of services,
(2) The General and Special Terms and Conditions
C. The Provider’s Proposal dated April 1, 2020 and;
D. The negotiated modifications (attachment A) to the RFP/Proposal, all of which documents are
incorporated herein.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to
be bound thereby.
CONTRACTOR: PURCHASING AGENCY:
By: _________________________________________ By: _______________________________
Title: _______Chief Financial Officer_______________ Title: _______________________________
Note: This public body does not discriminate against faith-based organizations in accordance with
the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex,
national origin, age, disability, or any other basis prohibited by state law relating to discrimination in
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Packet Pg. 143 Attachment: Pittsylvania County Contract - J Mark Bowery 2020 (2045 : Fire and Rescue Insurance Contract (Staff Contact: Christopher C.
ATTACHMENT A
Amendment
OWNER: Pittsylvania County Board of Supervisors
CONTRACTOR: Correll Insurance Group, LLC
SERVICES: Fire and Rescue Insurance
DATE: July 1, 2020
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The Contractor and Owner agree to the negotiated items listed below which shall be
incorporated as part of the original RFP and the Contractor’s response (collectively, the
“Contract”):
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Packet Pg. 144 Attachment: Pittsylvania County Contract - J Mark Bowery 2020 (2045 : Fire and Rescue Insurance Contract (Staff Contact: Christopher C.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Inmate Telephone Services Contract Award (Staff Contact: Connie M.
Gibson)
Staff Contact(s): Connie M. Gibson
Agenda Date: June 16, 2020 Item Number: 7.l
Attachment(s): Inmate Telephone Services Contract
Reviewed By:
SUMMARY:
The County issued a Request for Proposals (“RFP”) for Telephone Services for the Jail
(inmates). An ad for this RFP was run in the Chatham Star Tribune, posted on the Virginia
Business Opportunity website, and posted the County website. The County received six (6)
responses to the RFP. Brandi Sparks, Captain Oscar Meeks, and Sherry Scolpini made up the
Evaluation Committee reviewing the RFP responses. The Evaluation Committee ranked the top
two (2) vendors based on the criteria and held presentations from these vendors. The Evaluation
Committee determined that ICSolutions was the best fit for the County. For the Board’s
reference and review, a proposed Inmate Telephone Services Contract with ICSolutions is
attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
No cost to the County. There will be no charge for equipment and installation. ICSolutions shall
be paid an eighty-two percent (82%) commission of the gross revenue for all calls generated
from the Jail.
RECOMMENDATION:
County Staff recommends the Board award the Inmate Telephone Services Contract to
ICSolutions as presented.
MOTION:
“I make a Motion to award the Inmate Telephone Services Contract to ICSolutions as
presented.”
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Packet Pg. 145
Pittsylvania Rutherford County Sheriff’s OfficeCorrectional Work Center - CONFIDENTIAL -
Page 1 of 11
INMATE TELEPHONE SERVICES AGREEMENT
This Inmate Telephone Services Agreement (“Agreement”) is made by and between Inmate Calling
Solutions, LLC, d/b/a ICSolutions (“ICS”), having its principal place of business at 2200 Danbury Street, San
Antonio, TX 78217, and Rutherford County Correctional Work Center Pittsylvania County Sheriff’s
Department (the “Facility”) having its principal address as set forth on Exhibit A, attached hereto.
Whereas, the parties were also parties to that certain Inmate Telephone Services Agreement dated October 1, 2012 (the “Prior Agreement”); and
Whereas, the parties now agree as follows:
1. Term of Contract. This Agreement shall be effective as of September 16th June 1st, 202019 (the
“Cutover Date”) and shall remain in force and effect for a period of threefive (35) years from the Cutover
Date (the “Initial Term”). Thereafter, with an optional one (1)- 3 three renewal period, this Agreement
shall renew for additional terms of one (1) year(s), each upon the same terms and conditions as set
forth herein, unless either party otherwise provides written notice to the other party at least ninety (90)
days prior to a scheduled renewal. Notwithstanding the foregoing, either party may terminate this
Agreement, based on a material economic change beyond such party’s reasonable control, with sixty
(60) day’s prior written notice. Upon termination of this Agreement, Facility shall immediately cease
any use of any ICS Equipment provided hereunder.
2. Equipment. This Agreement applies to the provision of Equipment by ICS within space provided by
the Facility at each of the ”Service Locations” listed on Exhibit A, attached hereto. The term
“Equipment” is defined herein as telephone sets and computer systems and software, all as more fully
described on Exhibit B, attached hereto. All Equipment shall be installed by properly trained personnel
and in a good, workmanlike manner. Any Equipment of ICS installed upon the premises owned, leased
or otherwise under the supervision of Facility, shall remain in all respects the property of ICS. ICS
reserves the right to remove or relocate any Equipment that is subjected to recurring vandalism or
insufficient usage. ICS shall not exercise such right of removal or relocation unreasonably and, in any case with at least thirty (30) days prior notice to Facility. Upon removal of Equipment by ICS, ICS shall restore the premise to its original condition, ordinary wear and tear excepted. 3. Alteration and Attachments. Facility shall not make alterations or place any attachments to
Equipment and Equipment shall not be moved, removed, rendered inoperable or unusable, or made
inaccessible to inmates or users by Facility without the express written permission of ICS.
4. Training. ICS shall provide on-site training plus internet-based training at no cost to Facility. Additional
training may be provided upon Facility’s request based on availability of ICS.
5. Call Rates. ICS shall provide collect calling services to End-Users, on both a pre-paid and post-billed
basis, at the rates and charges set forth on Exhibit C, attached hereto. ICS reserves the right to
establish thresholds for the level of collect call credit to be allowed by the billed consumer.
6. Commissions to Facility. ICS will install, operate and maintain Equipment at no charge to Facility.
ICS will pay Facility the commission amounts set forth on Exhibit D, attached hereto (collectively the
“Commissions”), in consideration of the Facility granting ICS exclusive rights for the installation and
operation of Equipment servicing the Locations. No Commissions shall be paid to Facility on amounts
relating to taxes, regulatory surcharges such as universal service fund, or other fees and charges not
applicable to the billed calls.
ICS will pay Commissions to Facility on a monthly basis on or before the first business day occurring
45 days following the end of the month in which such Commissions are earned or accrued. Such
Formatted: Strikethrough
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Commissions shall be sent to the address designated by Facility or wired to an account designated in
writing by Facility for such purpose.
Facility agrees that all Commissions are subject to change based on any changes that may be required
by the applicable Public Service Commission or any policy, regulation or tariff of a regulatory body
having jurisdiction over the public communications contemplated herein. In addition, Commission rates
are predicated on Facility maintaining an average daily inmate population of not less than 85 with
access to telephones materially consistent with industry practice.
7. Facility shall:
a. Advise ICS of any Location or related premise that has been closed.
b. Throughout the term of this Agreement, including any renewal terms, use ICS as its exclusive provider for all matters relating to inmate telephone services. c. Reasonably protect the Equipment against willful abuse and promptly report any damage, service
failure or hazardous conditions to ICS.
d. Provide necessary power and power source, at no cost to ICS, and an operating environment with
reasonable cooling consistent with general office use.
e. Provide suitable space and accessibility for inmates’ use of telephone services.
f. Permit ICS to display reasonable signs furnished by ICS and not affix or allow to be affixed any
other signs, equipment or information to the Equipment.
g. Permit reasonable access by ICS to Facility’s Locations as reasonably necessary for ICS to install,
support and maintain the Equipment.
h. Comply with all federal, state and local statutes, rules, regulations, ordinances or codes governing
or applicable to the telephone services offered by ICS.
8. Law and Venue. The domestic law of the State of Virginia shall govern the construction,
interpretation and performance of this Agreement and all transactions hereunder. All disputes
hereunder shall be resolved exclusively in state or federal jurisdictions located in
Chatham, VA. 9. Notices. Any notice or demand required hereunder shall be given or made by mail, postage prepaid, addressed to the respective party at the address first set forth above unless otherwise communicated in writing.
10. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and may
not be modified or amended other than by a written instrument executed by both parties. Any orders
placed by Facility hereunder shall be incorporated herein by mutual consent of the parties and shall
supplement but not supersede the provisions of this Agreement. The Facility represents and warrants
that it has the legal authority to make decisions concerning the provisions of space for telephones
placed by ICS at the Service Locations covered by this Agreement and that ICS may rely thereon.
This Agreement supersedes any prior written or oral understanding between the parties.
11. Risk of Loss. ICS shall relieve Facility of all risk of loss or damage to Equipment during the periods
of transportation and installation of the Equipment. However, Facility shall be responsible for any loss
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or damage to Equipment located on the premise caused by fault or negligence of Facility, its
employees or others under Facility’s supervision.
12. Default. In the event either party shall be in breach or default of any terms, conditions, or covenants
of this Agreement and such breach or default shall continue for a period of thirty (30) days after the
giving of written notice thereof by the other party, then, in addition to all other rights and remedies at
law or in equity or otherwise, including recovering of attorney fees and court cost, the non-breaching
party shall have the right to cancel this Agreement without charge or liability. The waiver of any default
hereunder by either party shall not constitute, or be construed as, a waiver of any subsequent default.
13. Assignment. This Agreement may be transferred or assigned, in whole or in part, by ICS to any
parent, successor, subsidiary, or affiliate of ICS. ICS may sub-contract any portion of its duties
hereunder provided, however, it shall remain at all times responsible for such sub-contracted duties.
This Agreement may otherwise only be transferred or assigned by a party with the written consent of the other party, which consent shall not be unreasonably withheld or delayed. 14. Relationship. The parties hereto are independent contractors and this Agreement shall not be
construed as a contract of agency or employment. Each party shall be solely responsible for
compliance with all laws, rules and regulations and payment of all wages, unemployment, social
security and any taxes applicable to such party’s employees. Each party represents and warrants that:
(a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its
formation; (b) the execution, delivery and performance of this Agreement has been duly authorized by
all necessary corporate actions; (c) its performance hereunder shall be in compliance with applicable
state and federal legal and regulatory requirements.
15. Indemnification. To the extent allowed by Virginia law, each party shall indemnify, defend and hold
harmless the other party from and against any and all claims, losses, injuries, or demands asserted
by third parties (collectively “Claims”) arising from the material breach, negligent acts or misconduct
of such indemnifying party, its agents or employees, in the performance of any of its obligations
hereunder. Except for the foregoing express indemnification, each party shall bear its own liability and
costs of defense for any third party claims.
16. Force Majeure. Either party may suspend all or part of its obligations hereunder and such party shall
not otherwise be held responsible for any damages, delays or performance failures caused by acts of
God, events of nature, civil disobedience, military action or similar events beyond the reasonable
control of such party.
17. Severability. If any of the provisions of this Agreement shall be deemed invalid or unenforceable under the laws of the applicable jurisdiction, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and
obligations of ICS and Facility shall be construed and enforced accordingly.
18. Special ADA. ICS will install Equipment in accordance with the Americans with Disabilities Act and
any related federal, state and local regulations in effect at the time of installation. ICS shall make any
alterations to the Equipment as necessary for its correct operation and/or compliance with applicable
laws at no cost to Facility.
19. Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ANY CLAIM, WHETHER IN
CONTRACT OR IN TORT OR WHETHER FROM BREACH OF THIS AGREEMENT, IRRESPECTIVE
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OF WHETHER SUCH PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES.
20. Warranty. Subject to Facility’s compliance with its obligations hereunder, Equipment shall be free from
defects in workmanship and material, shall conform to ICS’ published specifications in effect on the
date of delivery or as otherwise proposed to Facility in writing, and shall not infringe any patent or
trademark. This warranty shall continue while Equipment is in operation at each Location. Facility shall
provide ICS with prompt written notification as to the specifics of any nonconformity or defect and ICS
shall have a commercially reasonable timeframe to investigate such nonconformity or defect. As
Facility's sole and exclusive remedy, ICS shall, at ICS’ sole option and expense, either: (a) correct any
nonconformities or defects which substantially impair the functionality of the Equipment in accordance
with the aforesaid specifications; (b) use reasonable efforts to provide a work-around for any
reproducible nonconformities or defects which substantially impair the functionality of the Equipment
in accordance with the aforesaid specifications; (c) replace such nonconforming or defective Equipment; or (d) promptly refund any amounts paid to ICS by Facility with respect to such nonconforming or defective Equipment upon ICS receipt of such nonconforming or defective Equipment. ICS does not warrant that the operation of the Equipment shall be uninterrupted or error-
free. No warranty is made with respect to the use of Equipment on or in connection with equipment or
software not provided by ICS. Equipment may contain recycled, refurbished or remanufactured parts
which are equivalent to new parts. ICS makes no warranties or representations that it will solve any
problems or produce any specific results.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THERE ARE NO OTHER EXPRESS OR IMPLIED
WARRANTIES AND ICSOLUTIONS HEREBY DISCLAIMS ANY OTHER WARRANTIES
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR ANY PARTICULAR PURPOSE. THE FOREGOING SHALL BE THE SOLE AND
EXCLUSIVE REMEDY WITH RESPECT TO NONCONFORMING OR DEFECTIVE EQUIPMENT
AND SERVICES. NOTHING CONTAINED HEREIN SHALL OBLIGATE ICS TO ENHANCE OR
MODIFY THE SERVICES OR EQUIPMENT BEYOND THE SUBSTANTIAL FUNCTIONALITY
INTIALLY ACCEPTED BY FACILITY, WHICH ACCEPTANCE SHALL BE DEEMED TO HAVE
OCURRED UPON THE GENERATION OF CALL REVENUE.
21. No Hire/No Solicit. During the term of this Agreement, and for a period of six (6) months thereafter,
neither party shall solicit or hire the other party’s employees, agents or representatives engaged by
such party to perform work relating to this Agreement, without the express written consent of the other
party.
22. Confidentiality. During the term of this Agreement, each party may disclose to the other certain proprietary information including, without limitation, trade secrets, know how, software, source code, techniques, future product plans, marketing plans, inventions, discoveries, improvements, financial data, business strategies and the terms of this Agreement (collectively, “Confidential Information”) of
a character identified by the disclosing party as confidential and that should reasonably have been
understood by recipient, because of legends or markings, the circumstances of disclosure or the
nature of the information itself, to be proprietary and confidential to the disclosing party. Each party
and each of its employees or consultants to whom disclosure is made shall hold all Confidential
Information in confidence, and shall not disclose such information to any third party or apply it to uses
other than in connection with the performance of this Agreement. Each party shall use the same
degree of care that it utilizes to protect its own information of a similar nature, but in any event not less
than reasonable duty of care, to prevent the unauthorized use or disclosure of any Confidential
Information. A recipient may not alter, decompile, disassemble, reverse engineer, or otherwise modify
any Confidential Information received hereunder and the mingling of the Confidential Information with
information of the recipient shall not affect the confidential nature or ownership of the same as provided
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hereunder. The obligations of this paragraph shall survive termination of this Agreement for a period
of three (3) years.
This Agreement shall impose no obligation of confidentiality upon a recipient with respect to any portion of the Confidential Information received hereunder which is: (a) now or hereafter, through no
unauthorized act or failure to act on recipient’s part, becomes generally known or available; (b)
lawfully known to the recipient without an obligation of confidentiality at the time recipient receives
the same from the disclosing party, as evidenced by written records; (c) hereafter lawfully furnished
to the recipient by a third party without restriction on disclosure; or (d) independently developed by
the recipient without use of the disclosing party’s Confidential Information.
Nothing in this Agreement shall prevent the receiving party from disclosing Confidential Information to
the extent the receiving party is legally compelled to do so by any governmental or judicial agency having jurisdiction. 23. License to Use Software. With respect to the Equipment provided under this Agreement, ICS hereby grants to Facility a nontransferable, nonexclusive license to install, store, load, execute, operate, utilize
and display (collectively, “Use”) the runtime versions of the Enforcer® software in performance of this
Agreement including, where applicable to the purposes hereunder, such Use on computers owned by
Facility. Such license is specific to the Facility and Location(s) for which the ICS Services are provided
and may not be transferred other than through an authorized assignment of this Agreement. Upon
the termination hereof, this license and all rights of Facility to Use the Enforcer® software will expire
and terminate. Facility will not transform, decompile, reverse engineer, disassemble or in any way
modify any of the Enforcer® software or otherwise determine or attempt to determine source code from
executable code of any elements of the Enforcer® software.
24. Third Party Software. Third-party software licenses may be contained in certain software included
with equipment and may therefore require a click-through acceptance by any users. Such software
licenses are incorporated herein by reference and can be made available upon request.
25. Taxes. Except as expressly provided for herein, each party shall bear responsibility for its own taxes
and such other costs and expenses arising in connection with the performance of their respective
obligations hereunder.
26. Insurance. At all times during the Term of this Agreement, ICS shall maintain in effect the following
types and amounts of insurance:
a. General Liability Insurance: $1,000,000 per occurrence; $1,000,000 personal injury; $2,000,000 general aggregate; $2,000,000 products/completed operations.
b. Commercial Automobile Liability: $1,000,000 Combined Single Limit.
c. Workers' Compensation: ICS shall comply with all workers' compensation requirements for the
jurisdictions in which employees/representatives perform applicable duties.
ICS shall provide certificates evidencing the above coverage amounts upon request from Facility.
27. Application to Similar Parties. The parties acknowledge that certain counties within the same State
as Facility (each an “Affiliated County”) may wish to obtain equipment and related services
substantially similar to the Equipment and related services set forth herein. ICS may, at no cost or
obligation to Facility, enter into a definitive agreement with an Affiliated County and incorporate the
terms and conditions of this Agreement by reference.
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Pittsylvania County’s Request for Proposal and Special and General Terms and Conditions are
incorporated into the contract.
NON-APPROPRIATION BY PUBLIC BODY: Bidder acknowledges that Pittsylvania County is a
{Remainder of page intentionally left blank. Signature page and Exhibits follow.}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized
representatives on the dates set forth below, and represent and warrant that they have full authority to execute
this Agreement on behalf of their respective parties:
Inmate Calling Solutions, LLC Pittsylvania County Sheriff’s Department
(Signature) (Signature)
(Printed Name) (Printed Name)
(Title) (Title)
(Date) (Date)
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Exhibit A – Facility Addresses
Principle Business Address (used for all notices hereunder):
1 Bank Street, Chatham, VA 24531
Service Locations:
Location Name Address
Pittsylvania County Jail 1 Bank Street, Chatham, VA 24531
Equipment to be shipped to: Address
Pittsylvania County Jail 1 Bank Street, Chatham, VA 24531
Commissions to be paid to: Address
Pittsylvania County 1 Center Street, Chatham, VA 24531
.
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Exhibit B – Equipment
Enforcer® Centralized Call Processing System, including all features and functionality established
under the Prior Agreement, modified or enhanced as follows:
THE ENFORCER® Inmate Telecommunications Platform:
o A single, unified inmate telecommunications platform hosting inmate calling and all related
investigative tools and information
o Housed in ICS’ Atlanta data center and backed up at its data center in San Antonio
o 12 stainless steel inmate telephones
o 3 visitation booths, connected to The ENFORCER® for monitoring & recording
o 1 TDD/TTY unit and/or VRS unit for hearing impaired inmates, as needed
o 1 master control workstation (PC or laptop) with printer
o Public Web portal to support Prepaid Account funding and visitation scheduling
o Unlimited ENFORCER® user licenses
o JMS and commissary / banking interfaces
o Inmate voicemail messaging
o Online storage of all call recordings and call data for the entire contract duration
o
Optional Features
o In the future, the Facility may wish to install the ICS Video Visitation system. ICS agrees to work
with the Facility to determine the number of inmate and family units needed, the rates to be
charged for remote visitation and any adjustment to the current Commissions.
o
The following rates apply to Collect, Prepaid Collect, Debit & Calling Card calls from Service Locations:
Discounted Calling Rates
Call Type Per Minute Charge
Local $0.1821
Intra-LATA $0.1821
Inter-LATA $0.1821
Intrastate $0.1821
Interstate $0.1821
International (Debit Only) $0.5075
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NOTES: Domestic interstate rates apply for calls to U.S. territories including American Samoa, Guam,
Northern Mariana Islands, Puerto Rico and U.S. Virgin Islands. All non-U.S. destinations are rated as
international.
Call rates shown do not include local, county, state and federal taxes, regulatory fees and billing fees.
An additional state-imposed training fee of $0.10 will be added to the cost of each call which ICS shall
remit to the TN Department of Commerce & Insurance
Service Fees (non-commissionable):
Prepaid Account Funding Fee: $3.00 (online or IVR); $5.95 (live agent)
Other Service Fees (commissionable, See Exhibit D):
Inmate Voicemail: $1.99 per message
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Exhibit D – Commissions
ICS shall pay to Facility a Commission of 82.1% of the gross revenue for all call types generated
from Facility’s Service Locations.
ICS shall also pay to Facility a Commission of 50% of any service fees collected with respect to inmate
Note: Commissions shall be made payable and sent to the address so designated on Exhibit A to this Agreement.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: New Job Description Approval (Staff Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 16, 2020 Item Number: 7.m
Attachment(s): Convenience Center Coordinator
Reviewed By:
SUMMARY:
Effective June 1, 2020, Michael Moore, current part-time employee, will be the County’s
Convenience Center Coordinator, where he will have direct supervision over all employees
working at the Mt. Hermon, Mt. Cross, Blairs, Berry Hill, Brosville, and Smith Mountain Lake
Solid Waste Convenience Centers. For reference and review, a copy of the new Convenience
Center Job Description is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
Mr. Moore’s part-time compensation is already included in the current County Budget. He will
also be receiving a five percent (5 %) raise.
RECOMMENDATION:
County Staff recommends the Board approve this new Convenience Center Coordinator Job
Description as presented.
MOTION:
“I make a Motion to approve the new Convenience Center Coordinator Job Description as
presented.”
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POSITION TITLE: PART-TIME CONVENIENCE CENTER COORDINATOR
FLSA: NON-EXEMPT
REPORTS TO: PUBLIC WORKS DIRECTOR
SUMMARY OF POSITION: Under the direction of the Public Works Director, the successful
candidate will have oversight in maintaining assigned County convenience centers and supervision
of staff assigned to work at the centers.
ESSENTIAL JOB FUNCTIONS: Essential functions, as defined under the Americans with
Disabilities Act, may include any of the following tasks, knowledge, skills and other
characteristics. The list that follows is not intended as a comprehensive list; it is intended to
provide a representative summary of the major duties and responsibilities. Incumbent(s) may not
be required to perform all duties listed, and may be required to perform additional, position-
specific tasks.
• Supervises the staff at five (5) fully manned convenience centers (Brosville/626. Mt.
Hermon, Mt. Cross, Blairs and Berry Hill);
• Supervises the staff at the Smith Mountain Lake Convenience Center from Memorial Day
to Labor Day;
• Develops a plan for and maintains all of the appropriate signs at the County Convenience
Centers and Front Loader sites;
• Notifies the Landfill Fleet Foreman when recycling and special collections are necessary;
• Notifies the Landfill Fleet Foreman when major equipment issues have been identified at
any of the sites;
• Partners with the Landfill Fleet Foreman and Building & Grounds when maintenance issues
arise at sites under his supervision;
• Periodically inspects all of the other convenience centers for maintenance, cleanliness and
general conditions;
• Delivers supply inventory to sites under his/her supervisor;
• Provides excellent customer service when working with citizens, elected officials, site
attendants, County staff and others;
• Provides public education to County citizens using the convenience centers;
• Responsible for staff training and development in policies and procedures, customer service,
public education and all areas relating to site maintenance;
• Provides recommendations on potential changes to sites that improve the performance of
the staff and the experience of the users;
• Surveys the County for location of illegal disposal sites while traveling to collection sites;
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Equal Opportunity Employer
Rev 2019
• Performs site evaluations and recommends long term solutions to improve the usability and
convenience of the sites;
• Works varied hours, including some evenings, weekends and holidays as needed.
CORE COMPETENCIES:
• Customer Focus
• Communication
• Collaboration/Teamwork
• Personal Accountability/Delivering Results
• Diversity and Inclusion
EDUCATION AND EXPERIENCE: High school level education or equivalent.
REQUIRED KNOWLEDGE AND SKILL: Must be able to interpret, write, and follow written and
verbal directions. Capable of working with minimum supervision. Understands warning labels,
signs and symbols. Ability to operate and control equipment or systems. Watch gauges, dials, or
other indicators to make sure a machine is working properly.
CERTIFICATIONS AND LICENSES: Possession of an appropriate valid driver’s license issued by the
Commonwealth of Virginia.
ENVIRONMENTAL FACTORS AND CONDITIONS/PHYSICAL REQUIREMENTS: Work is done
primarily outdoors. Must be able to work in all weather conditions. Ability to perform physical
labor, exert maximum muscle force to lift, push, pull, or carry objects. Capable of climbing,
balancing, stooping, kneeling, crouching, crawling, reaching, handling, and feeling.
This description provides information regarding the essential functions of the designated job, and
the general nature and level of work associated with the job. It should not be interpreted to
describe all the duties and performance that may be required of employees or be used to limit the
nature and extent of assignments an employee may be given. The County reserves the right to
modify the job description as deemed appropriate.
SIGNATURES AND COMMENTS:
I have read this description and understand the requirements and responsibilities of the position.
______________________________________ ______________________
Signature of Employee Date
__________________________________________ ______________________
Signature/Job Title of Supervisor Date
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Equal Opportunity Employer
Rev 2019
Comments:
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Rezoning Case R-20-012; Beulah S. Robinson; Banister
Election District; R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Contact: Supervisor Miller)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 16, 2020 Item Number: 10.A.1
Attachment(s): ROBINSON - CASE R-20-012
ROBINSON - CASE R-20-012 MAP
Reviewed By:
SUMMARY:
In Case R-20-012, Beulah S. Robinson, Petitioner, has petitioned to rezone two (2) parcels of
land, totaling 2.22 acres, from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to combine with her adjacent parcels of land zoned A-1). The parcels are
located on Mill Creek Road in the Banister Electric District. Once the properties are rezoned, all
uses listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission,
with no opposition, recommended granting the Petitioner’s request. The County Staff Summary
is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
10.A.1
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Legend
Assessed Parcels
Parcel ID Number
Parcels
Route Numbers
Appeals
Rezoning
Signs
Special Uses
Variances
Zoning
Unknown
A-1 = Agricultural District
B-1 = Business District, Limited
B-2 = Business District, General
C-1 = Conservation District
DZ = Double Zoned Parcels
M-1 = Industrial District, Light
Industry
M-2 = Industrial District, Heavy
Industry
MHP = Residential Manuf. Housing
Park District
R-1 = Residential Suburban
Subdivision District
RC-1 = Residential Combined
Subdivision Distric
RE = Residential Estates District
RMF = Residential Multi-Family
Subdivision Distric
RPD = Residential Planned
Development District
TZ = Town Zoning
UK = Unknown
County Boundary
Title: ROBINSON - CASE R-20-012 Date: 5/7/2020
DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a
compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current
it may be.
10.A.1.b
Packet Pg. 176 Attachment: ROBINSON - CASE R-20-012 MAP (2053 : Public Hearing: Rezoning Case R-20-012 Beulah
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Rezoning Case R-20-013; Jeffrey and Wendy Davis;
Callands-Gretna Election District; R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District (Contact: Supervisor Farmer)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 16, 2020 Item Number: 10.A.2
Attachment(s): DAVIS - CASE R-20-013
DAVIS - CASE R-20-013 MAP
Reviewed By:
SUMMARY:
In Case R-20-013, Jeffrey and Wendy Davis, Petitioners, have petitioned to rezone two (2)
parcels of land, totaling 3.20 acres, from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to allow for a second dwelling on the property for a family member). The
parcels are located on Piney Road in the Callands-Gretna Election District. Once the properties
are rezoned, all uses listed under Pittsylvania County Code § 35-178 are permitted. The
Planning Commission, with no opposition, recommended granting the Petitioners’ request. The
County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board for its review and consideration.
10.A.2
Packet Pg. 177
10.A.2.a
Packet Pg. 178 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 179 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 180 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 181 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 182 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 183 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 184 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 185 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 186 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 187 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 188 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 189 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 190 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 191 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 192 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 193 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 194 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
10.A.2.a
Packet Pg. 195 Attachment: DAVIS - CASE R-20-013 (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey & Wendy Davis)
Legend
Assessed Parcels
Parcel ID Number
Parcels
Route Numbers
Appeals
Rezoning
Signs
Special Uses
Variances
Zoning
Unknown
A-1 = Agricultural District
B-1 = Business District, Limited
B-2 = Business District, General
C-1 = Conservation District
DZ = Double Zoned Parcels
M-1 = Industrial District, Light
Industry
M-2 = Industrial District, Heavy
Industry
MHP = Residential Manuf. Housing
Park District
R-1 = Residential Suburban
Subdivision District
RC-1 = Residential Combined
Subdivision Distric
RE = Residential Estates District
RMF = Residential Multi-Family
Subdivision Distric
RPD = Residential Planned
Development District
TZ = Town Zoning
UK = Unknown
County Boundary
Title: DAVIS - CASE R-20-013 Date: 5/7/2020
DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a
compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current
it may be.
10.A.2.b
Packet Pg. 196 Attachment: DAVIS - CASE R-20-013 MAP (2054 : Public Hearing: Rezoning Case R-20-013 Jeffrey &
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff
Contact: Emily S. Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 16, 2020 Item Number: 10.B.1
Attachment(s):
06-16-2020 Public Hearing Notice - Electronic Gaming Regulations
B-1 Gaming Changes
B-2 Gaming Changes
06-16-2020 Electronic Gaming
Reviewed By:
SUMMARY:
To better regulate electronic gaming in the County, County Staff recommends the attached
revisions to the County’s Zoning Ordinance: (1) Moving “amusement centers; game rooms;
electronic games; game machines; machine arcades amusement shops” from Pittsylvania County
Code (“PCC”) § 35-365, Permitted Uses, to PCC § 35-366, Special Use Permits under B-2; and
(2) Adding additional regulations to “Other Regulations” in both B-1 (PCC § 35-356) and B-2
(PCC § 35-375) to define “electronic gaming establishments.” On June 2, 2020, the Planning
Commission unanimously recommended, with no opposition, the Board approve the attached
PCC revisions as presented.
FINANCIAL IMPACT AND FUNDING SOURCE:
Cost of Public Hearing advertisement.
RECOMMENDATION:
County Staff recommends the Board approve the PCC revisions as presented.
MOTION:
“I make a Motion to approve the Pittsylvania County Code revisions as presented.”
10.B.1
Packet Pg. 197
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, June 16,
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 receive citizen
input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 10,
Business District, General (B-2); PCC § 35-365, Permitted Uses; PCC § 35-366, Special Use
Permits; PCC § 35-375, Other Regulations; and PCC § 35-356, Other Regulations, related to
regulation of Electronic Gaming and Electronic Gaming Establishments. The full text of the
proposed revisions and related documents are available in the Pittsylvania County Administration
Building, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00
p.m., and on the County’s website, www.pittsylvaniacountyva.gov.
10.B.1.a
Packet Pg. 198 Attachment: 06-16-2020 Public Hearing Notice - Electronic Gaming Regulations (2066 : Public Hearing: Electronic Gaming Regulations PCC
DIVISION 9. BUSINESS DISTRICT. LIMITED (B-1)
SEC. 35-345. PURPOSE
This district is established to cover the portion of the County's communities intended for the conduct of general
business to which the public requires direct-and frequent access, but which is not characterized either by constant
heavy trucking other than stocking and delivery of light retail goods, or by any nuisance factors other than those
occasioned by incidental light and noise of congregations of people and passenger vehicles.
The intent of these regulations is not to limit business development in the County but to encourage it by reasoning
as the specific and justifiable need arises and in appropriate locations where it will not produce noise, pollution,
congestion, or safety problems for quieter, residential uses.
This district is limited to retail establishments which have no outside storage or outside displays of product.
SEC. 35-346. PERMITTED USES
Within the Limited Business District (B-l), the following uses are permitted:
accessory uses
adult day care centers (licensed)
antique shops
apartments in same building with businesses (upstairs apartments)
apparel shops
art supplies, retail
bakery, for retail sales
banks and savings and loans, financial, insurance offices
barber and beauty shops
boat clubs
butcher shops, meat
candy stores
caterers
cemeteries-community and commercial
cemeteries-on joint church property
child day care centers (licensed)
churches
conservation areas (public and private)
convenience stores
country clubs
country stores
County government uses such as Waste collection, recycling, recreation, etc.
craft shops
drug stores
dry cleaning and laundry
emergency services facilities-fire, rescue
food stores, groceries (convenience type)
funeral homes and mortuaries
garages-private for storage of personal vehicles
gardens (private)
general stores
gift shops
golf clubs, club houses
golf courses
golf driving ranges
10.B.1.b
Packet Pg. 199 Attachment: B-1 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
greenhouses, nurseries
hardware stores
hobby shops and toys
home or apartment combinations in same building with business (upstairs apartments)
home occupations, class A
home occupations, class B
libraries
manses-church-owned dwelling units
medical clinics-not veterinary
motels, hotels, tourist and resort facilities
museums
newsstands
non-emergency medical transport (Amended December 21, 2010)
novelties shop
offices; professional offices
off-street parking
parks
playgrounds
recreational facilities (private)
recreational facilities (public)
retail stores and services
roads, streets, rights-of-way, easements
sales services, repairs of office equipment
security man's house
signs-See Sections 35-95--35-101
sporting goods shop
stable, commercial riding
theatres, indoor-not drive-ins
watches, jewelry retail
water systems
SEC. 35-347. SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit:
amusement centers, game rooms, electronic games, game machines, machine arcade
assembly halls
auction barns
bowling alloys
clubs (private)
clubs (public)
colleges
community centers, buildings
dormitories
drive-in restaurants with walk-ins
drive-in theatres
flea markets
garages for automobiles, recreational vehicles, motorcycles
lodge halls
lodges
marinas
parking facilities-commercial
public facilities, offices, storage yards
public garages
10.B.1.b
Packet Pg. 200 Attachment: B-1 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
public utilities-including substations, power generation, water and sewer plants for treatment
radio and television stations
restaurants
sales, service, and repair of automobiles, trucks, recreational vehicles, motorcycles, garden equipment,
appliances, televisions, radios, phonographs, electrical, plumbing
schools (public and private)
skating rinks
special temporary churches (Amended December 21, 1993)
swim clubs
stables, commercial riding
stables (private)
temporary areas, construction activity including temporary buildings portable, buildings (these uses may be
limited by the County as to time)
zoos and petting zoos (Amended December 21, 1993)
SEC. 35-348. AREA REGULATIONS
There is no minimum lot area/size, minimum lot width maximum lot coverage requirements except as provided
herein in special circumstances and/or as may be required by the Board of Supervisors.
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. 35-349. MAXIMUM HEIGHT OF BUILDINGS
The maximum height of buildings in this district shall be sixty (60) feet.
A belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, silos, and water tanks are exempt.
Any building or structure shall be constructed, erected, installed, maintained, and be of an approved type in
accordance with the provisions of the Virginia Uniform Statewide Building Code as amended and the Fire
Prevention Code.
SEC. 35-350. MINIMUM YARD DIMENSIONS
A. Front Setback
Setback from the nearest point of house or principal structure (including porches or stoops 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.
C. Rear Setback
No rear setback is required except that no building, structure, accessory use or outdoor storage area shall be located
closer than forty (40) feet from any type of residential use or living quarters nor residential district boundary.
SEC. 35-351. MAXIMUM FLOOR AREA
Not regulated.
10.B.1.b
Packet Pg. 201 Attachment: B-1 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
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 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 state or federal 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 (1) one mile of any other electronic gaming
establishment, tattoo and body piercing establishment, or adult use, (2) Two thousand (2,000) feet from
any property used as a residential dwelling, (3) one mile of any school or education facility, including
playgrounds, daycare facility or church, (4) one 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 the paragraph hereinabove.
2. Hours of operation for electronic gaming establishments should be limited to the hours between 8:00
a.m. and 11:00 p.m.
3. There shall be one and one-half parking spaces for each electronic gaming machine plus one for each
employee on the major shift.
4. Should any electronic gaming establishment cease or discontinue operation for a period of ninety 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 legal requirements imposed by state and federal law must be met.
SECS. 35-357--35-363 RESERVED
10.B.1.b
Packet Pg. 202 Attachment: B-1 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
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
10.B.1.c
Packet Pg. 203 Attachment: B-2 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
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
10.B.1.c
Packet Pg. 204 Attachment: B-2 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
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:
amusement centers; game rooms, electronic games; game machines; machine arcades amusement shops
arenas
auditoriums
cabinet shops
carnivals
circuses
dance halls
drive-in theatres
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
10.B.1.c
Packet Pg. 205 Attachment: B-2 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
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
10.B.1.c
Packet Pg. 206 Attachment: B-2 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
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 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 state or federal 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 (1) one mile of any other electronic
gaming establishment, tattoo and body piercing establishment, or adult use, (2) Two thousand (2,000)
feet from any property used as a residential dwelling, (3) one mile of any school or education facility,
including playgrounds, daycare facility or church, (4) one 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 the paragraph hereinabove.
2. Hours of operation for electronic gaming establishments should be limited to the hours between 8:00
a.m. and 11:00 p.m.
3. There shall be one and one-half parking spaces for each electronic gaming machine plus one for each
employee on the major shift.
4. Should any electronic gaming establishment cease or discontinue operation for a period of ninety 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 legal requirements imposed by state and federal law must be met.
SECS. 35-376---35-381. RESERVED
10.B.1.c
Packet Pg. 207 Attachment: B-2 Gaming Changes (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale))
STAR-TRIBUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has been pub-
lished once a week for successive weeks in the Star-Tribune,
a newspaper published at the Chatham office in Pittsylvania County,Virginia, beginning on cLA.2 3 20 , and ending
on 7-0(1.0 10 20
Chad H. _ : ublisher
r
ditor, acting agent for the publisher
Al A- 249-6
DANA ZHANE'MOTLEY
NOTARY PUBLIC
REGISTRATION#7783537
COMMONWEALTH OF VIRGINIASTATEOFVIRGINIA, AT LARGE MYCOMMISSION EXPIRES APRIL 30,2022
County of Pittsylvania, To-wit:
The foregoing instrument was acknowledged before me 's
1(1 day of Gc 9J L by 07)tA
My commission expires f :30 )
411!
Af' Oftg
Notary Public
28 N. Main Street Tel.: (434) 432-2791
P.O. Box 111 Fax: (434) 432-4033
Chatham, VA 24531 legalsQchathamstartribune.com
10.B.1.d
Packet Pg. 208 Attachment: 06-16-2020 Electronic Gaming (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S.
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a
Public Hearing on Tuesday,June 16,2020,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 receive citizen input on proposed
revisions to Pittsylvania County Code ("PCC"),Chapter 35,
Division 10, Business District, General (B-2); PCC § 35-
365, Permitted Uses; PCC § 35-366, Special Use Permits;
PCC§35-375,Other Regulations;and PCC§35-356,Other
Regulations, related to regulation of Electronic Gaming
and Electronic Gaming Establishments.The full text of the
proposed revisions and related documents are available in
the Pittsylvania County Administration Building, 1 Center
Street, Chatham, Virginia, 24531, Monday through Friday,
8:00 a.m. to 5:00 p.m., and on the County's website, www.
pittsylvaniacountyva.gov.
10.B.1.d
Packet Pg. 209 Attachment: 06-16-2020 Electronic Gaming (2066 : Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Board Compensation Adjustment to Comply with
Virginia Code § 15.2-1414.3 (Staff Contact: David M. Smitherman)
Staff Contact(s): David M. Smitherman
Agenda Date: June 16, 2020 Item Number: 10.B.2
Attachment(s):
06-16-2020 Public Hearing Notice - BOS Salary Increase
pccchapter22revisions
BOS Salary Raise Ordinance
virginiacode15.2-1414.3
bylaws1.6
06-16-2020 Board Compensation
Reviewed By:
SUMMARY:
Pittsylvania County Code (“PCC”) § 22.1 currently provides for Board Members’ annual
salaries. By Ordinance, in 2016, the Board established its annual salaries as $8,400, and further
established additional annual compensation for the Board Chairman of $1,800. Virginia Code §
15.2-1414.3, attached, establishes the annual salaries of County Board of Supervisors Members
utilizing population brackets. Based on the County’s current estimated population of 61,314, its
Board Members, per Virginia Code § 15.2-1414.3, following a lawfully conducted Public
Hearing, are authorized to receive annual compensation of $9,000, with the Board Chairman
receiving additional compensation of $1,800, and the Board Vice-Chairman receiving additional
compensation of $1,200. As authorized by Virginia Code 15.2-1414.3, the PCC § 22.1 revisions
and Ordinance # 2020-06-01, both attached, propose increasing Board Members’ annual
compensation for Fiscal Year 2021, to $9,000, with the Board Chairman receiving additional
annual compensation of $1,800, and the Board Vice-Chairman receiving additional
compensation of $1,200.00. The Board’s other benefits will be determined by Section 1.6 of its
Bylaws and Rules of Procedure, attached. As evinced by the attached Notice, this Public
Hearing was duly advertised as legally required.
FINANANCIAL IMPACT AND FUNDING SOURCE:
All funding for the proposed Board annual compensation adjustments will be covered within the
existing adopted Board’s Budget.
RECOMMENDATION:
Following the conducting of the legally required Public Hearing, County Staff recommends the
Board adopt the PCC § 22.1 revisions and Ordinance # 2020-06-01, effective July 1, 2020, as
presented.
10.B.2
Packet Pg. 210
MOTION:
“I make a Motion to adopt the PCC § 22.1 revisions and Ordinance # 2020-06-01, effective July
1, 2020, as presented.”
10.B.2
Packet Pg. 211
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, June 16,
2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South Main
Street, Chatham, Virginia 24531, as required by Virginia Code § 15.2- 1414.3, to receive citizen
input on proposed revisions to Pittsylvania County Code § 22.1, Compensation for the Members
of the Board of Supervisors. The full text of the proposed revisions and corresponding Resolution
is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham,
Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website,
www.pittsylvaniacountyva.gov.
10.B.2.a
Packet Pg. 212 Attachment: 06-16-2020 Public Hearing Notice - BOS Salary Increase (2047 : Public Hearing: Board Compensation Adjustment to Comply with
PITTSYLVANIA COUNTY CODE
CHAPTER 22
COMPENSATION - BOARD OF SUPERVISORS
Be it ordained by the Pittsylvania County Board of Supervisors pursuant to Sections 15.2- 1414.1
and 15.2-1414.2 of the Code of Virginia, 1950, as amended, that the Code of Pittsylvania County,
Chapter 22 is hereby amended to include Article I, Section 22-1 as follows:
SEC. 22.1 ANNUAL SALARY; OTHER BENEFITS.
On a date not earlier than May 1 nor later than June 30 of each year, the Board of Supervisors,
after Public Hearing pursuant to Notice in the manner and form provided in §§ 15.2-1546 and
15.2-1547, Code of Virginia, 1950, as amended, shall establish by Ordinance the salaries of its
Members for the ensuing fiscal year. Such salaries shall be paid by the County in monthly
installments and shall not exceed the maximums set out in § 15.2-1414.3, Code of Virginia,
1950, as amended, or other applicable law. The Board’s other benefits shall be determined by
Section 1.6 of its Bylaws and Rules of Procedure.
In accordance with Section 15.2-1414.1 of the Code of Virginia, 1950, as amended, there shall be
set an annual salary for member of the Board of Supervisors as defined by this section.
a. The annual salary for the members of the Board of Supervisors shall be six thousand
($6,000) dollars payable in monthly installments of five ($500) dollars each.
b. There shall be paid annually a fixed sum of twelve hundred ($1,200) dollars to the
Chairman of the Board of Supervisors in addition to the annual salary set in subsection “a” of the
ordinance. Such payment shall be in monthly installments of one ($100) dollar each.
c. All reimbursements for travel and subsistence shall be paid in addition to the annual
salaries established herein, subject to the following requirements:
1. Members of the Board of Supervisors may be reimbursed for travel and
subsistence expenses in accordance with the County’s updated Policies and Procedures.
2. All such reimbursements shall be paid from funds identified in the annual budget
approved for such expenditures, and such reimbursements are subject to the policies and
procedures established by the Board for all County employees or identified by resolution.
d. In addition to and without regard for the salary limits herein set out, the Board of
Supervisors by Resolution may grant to its members any or all of the fringe benefits in the same
manner and form as such benefits are provided for county employees or any of them.
e. This ordinance shall be effective upon its passage; revisions or amendments must be
established as provided for by law.
10.B.2.b
Packet Pg. 213 Attachment: pccchapter22revisions (2047 : Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-141)
(B.S.M.6/30/86)
Effective date: July 1, 1986.
Amended by the Board of Supervisors March 19, 2013.
10.B.2.b
Packet Pg. 214 Attachment: pccchapter22revisions (2047 : Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-141)
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
ORDINANCE # 2020-06-01
AN ORDINANCE ESTABLISHING ANNUAL COMPENSATION OF THE BOARD OF
SUPERVISORS
WHEREAS, Pittsylvania County Code § 22.1 currently provides for Pittsylvania County
Board of Supervisors’ (“Board”) annual salaries; and
WHEREAS, § 15.2-1414.3, Code of Virginia, 1950, as amended, establishes the annual
salaries of County Board of Supervisors Members within certain population brackets; and
WHEREAS, by Ordinance, in 2016, the Board has heretofore established its annual
salaries as $8,400, and further has established additional annual compensation for the Board
Chairman of $1,800; and
WHEREAS, the legally required Public Hearing on this Ordinance was held on June 16,
2020; and following the same legally required Public Hearing, PCC § 22.1 was revised to
correspond with § 15.2-1414.3, Code of Virginia, 1950, as amended.
NOW THEREFORE, IT IS ORDAINED by the Board that its Members’ annual salaries
for Fiscal Year 2021 shall be $9,000 as authorized by § 15.2-1414.3, Code of Virginia, 1950, as
amended; and
IT IS FURTHER ORDAINED by the Board, also as authorized by § 15.2-1414.3, Code
of Virginia, 1950, as amended, that the Board Chairman will receive additional annual
compensation of $1,800, and the Board Vice-Chairman will receive additional compensation of
$1,200.00; and
IT IS FINALLY ORDAINED by the Board, that the Board’s other benefits shall be
determined by Section 1.6 of its Bylaws and Rules of Procedure.
This Ordinance shall take effect on July 1, 2020.
Given under my hand this 16th day of June, 2020.
___________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
___________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
10.B.2.c
Packet Pg. 215 Attachment: BOS Salary Raise Ordinance (2047 : Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-141)
Virginia Code § 15.2-1414.3. Alternative procedure for establishing salaries of boards of
supervisors; limits; fringe benefits.
In lieu of other provisions of law, the boards of supervisors of the several counties may establish
annually, by ordinance, and pay in monthly installments each of their members an annual salary
pursuant to the following procedure and schedule:
1. On a date determined by the board of supervisors, not earlier than May 1 nor later than June
30 each year, the board, after public hearing pursuant to notice in the manner and form provided
in §§ 15.2-1426 and 15.2-1427, shall establish by ordinance the salary of its members for the
ensuing fiscal year not to exceed the maximums herein set out.
2. Counties within the following population brackets shall be allowed to set salaries for board
members not to exceed the following amounts:
Population Annual Salary
200,000 and over $15,000
105,000 to 199,999 13,000
80,000 to 104,999 11,000
50,000 to 79,999 9,000
25,000 to 49,999 7,000
15,000 to 24,999 5,500
14,999 and under 4,000
The maximum annual salaries herein provided may be adjusted in any year or years, by
ordinance as above provided, by an inflation factor not to exceed five percent.
3. Any board of supervisors may fix, by ordinance as above provided, annually an additional sum
to be paid as hereinabove provided to the chairman and vice-chairman of the board not to exceed
$1,800 and $1,200, respectively, without regard to the maximum salary limits.
4. In addition to and without regard for the salary limits herein set out, any board of supervisors
by resolution may grant to its members any or all of the fringe benefits in the manner and form
as such benefits are provided for county employees or any of them.
1984, c. 221, § 14.1-46.01:1; 1990, cc. 63, 854; 1998, c. 872.
.
10.B.2.d
Packet Pg. 216 Attachment: virginiacode15.2-1414.3 (2047 : Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-141)
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BYLAWS AND
RULES OF PROCEDURE
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,
Board Members shall be able to purchase their assigned County-owned electronic devices for fair
market value.
10.B.2.e
Packet Pg. 217 Attachment: bylaws1.6 (2047 : Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-141)
STAR-TRIBUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has been pub-
lished once a week for (0 successive weeks in the Star-Tribune,
a newspaper published at the Chatham office in Pittsylvania County,
Virginia, beginning on 3 20aO, and ending
on 1 20at.
Chad Harri e Publisher
E•itor, acting agent for the publisher
t! 1 2C00.
DANAZHANE'MOTLEY
NOTARY PUC
REGISTRATION#BLI7783537
COMMONWEALTH OF VIRGINIASTATEOFVIRGINIA, AT LARGE MY COMMISSION EXPIRESAPRIL 30,2022
County of Pittsylvania, To-wit:
The foregoing instrument was acknowledged before me 's
in day of A /.4 by rilned
My commission expires J
Notary Public
28 N. Main Street Tel.: (434) 432-2791
P.O. Box 111 Fax: (434) 432-4033
Chatham, VA 24531 legals@chathamstartribune.com
10.B.2.f
Packet Pg. 218 Attachment: 06-16-2020 Board Compensation (2047 : Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-141)
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a
Public Hearing on Tuesday,June 16,2020,at 7:00 p.m.,in the
Gallery Room of the Chatham Community Center, 115 South
Main Street,Chatham,Virginia 24531,as required by Virginia
Code § 15.2- 1414.3, to receive citizen input on proposed
revisions to Pittsylvania County Code§ 22.1, Compensation
for the Members of the Board of Supervisors. The full text
of the proposed revisions and corresponding Resolution is
available in the Pittsylvania County Administration Building,
1 Center Street, Chatham, Virginia,24531, Monday through
Friday,8:00 a.m.to 5:00 p.m., and on the County's website,
www.pittsylvaniacountyva.gov.
10.B.2.f
Packet Pg. 219 Attachment: 06-16-2020 Board Compensation (2047 : Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Forest Equipment Personal Property Tax Exemption
(Staff Contact: J. Vaden Hunt, Esq.)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: June 16, 2020 Item Number: 10.B.3
Attachment(s):
06-16-2020 Public Hearing Notice - Forest Equipment Tax Exemption
HB 1021 Forest
Tax Exemptions Revised for Trees
06-16-2020 Forest Equipment Tax Exemption
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.” As evinced by the attached
Notice, this Public Hearing was lawfully advertised for potential action at the Board’s June
Business Meeting.
FINANANCIAL IMPACT AND FUNDING SOURCE:
If the PCC 6-3.1 revision is adopted as presented, the exact annual total County tax revenue loss
is unknown at this time but is expected to annually be approximately $60,000.
RECOMMENDATION:
Following the conducting of the legally required Public Hearing, County Staff recommends the
Board adopt the PCC § 6-3.1 revisions, effective July 1, 2020, as presented.
MOTION:
“I make a Motion adopting the PCC § 6-3.1 revisions, effective July 1, 2020, as presented.”
10.B.3
Packet Pg. 220
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, June 16,
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 § 6-3.1 regarding potentially providing local County personal property tax exemption
for equipment and machinery used for forest harvesting and silvicultural activities. The full text
of the proposed revisions and related documents are available in the Pittsylvania County
Administration Building, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00
a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov.
10.B.3.a
Packet Pg. 221 Attachment: 06-16-2020 Public Hearing Notice - Forest Equipment Tax Exemption (2048 : Public Hearing: Forest Equipment Personal Property
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.
10.B.3.b
Packet Pg. 222 Attachment: HB 1021 Forest (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, E)
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
10.B.3.b
Packet Pg. 223 Attachment: HB 1021 Forest (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, E)
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
10.B.3.b
Packet Pg. 224 Attachment: HB 1021 Forest (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, E)
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
10.B.3.b
Packet Pg. 225 Attachment: HB 1021 Forest (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, E)
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
10.B.3.b
Packet Pg. 226 Attachment: HB 1021 Forest (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, E)
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
10.B.3.b
Packet Pg. 227 Attachment: HB 1021 Forest (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, E)
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.
10.B.3.b
Packet Pg. 228 Attachment: HB 1021 Forest (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, E)
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.
10.B.3.c
Packet Pg. 229 Attachment: Tax Exemptions Revised for Trees (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J.
(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.
10.B.3.c
Packet Pg. 230 Attachment: Tax Exemptions Revised for Trees (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J.
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)
10.B.3.c
Packet Pg. 231 Attachment: Tax Exemptions Revised for Trees (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J.
STAR-TRIBUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has been pub-
lished once a week for ,Q successive weeks in the Star-Tribune,
a newspaper published at the Chatham office in Pittsylvania County,
Virginia, beginning on 1 awe, and ending
on 2Q .
Chad H. 4.;- .n Publisher
ditor, acting agentforthe publisher
u ' 209O
DANA ZHANE'MOTLEY
NOTARY PUBLICREGISTRATION#77
COMMONWEALTH OF RGINIA
STATE OF VIRGINIA, AT LARGE I MY COMMISSION EXPIRES APRIL 30,zona
County of Pittsylvania, To-wit:
The foregoing instrument was acknowledged before me this
1 U day of c0o,10 by 016(1-4-4,04._X1
My commission expires J31) , w ao
a?_,rg
Notary Public
28 N. Main Street Tel.: (434) 432-2791
P.O. Box 111 Fax: (434) 432-4033
Chatham, VA 24531 legals@chathamstartribune.com
10.B.3.d
Packet Pg. 232 Attachment: 06-16-2020 Forest Equipment Tax Exemption (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a
Public Hearing on Tuesday,June 16,2020, 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 §
6-3.1 regarding potentially providing local County personal
property tax exemption for equipment and machinery used
for forest harvesting and silviculture!activities.The full text of
the proposed revisions and related documents are available
in the Pittsylvania County Administration Building, 1 Center
Street, Chatham, Virginia, 24531, Monday dough Friday,
8:00 a.m.to 5:00 p.m., and on the County's website,www.
pittsylvaniacountyva.gov
10.B.3.d
Packet Pg. 233 Attachment: 06-16-2020 Forest Equipment Tax Exemption (2048 : Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Landfill Easement and Right-of-Way Property
Disposition (Staff Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 16, 2020 Item Number: 10.B.4
Attachment(s):
06-16-2020 Public Hearing Notice - MVP Landfill Easement
vacode15.2-1800
PittCo Landfill Acquisition Package 5.20.20
Certificate of Publication
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 (“Property”). Per
Virginia Code § 15.2-1800(B), attached, the County legally is required to hold a Public Hearing
prior to disposition of the Property. As evinced by the attached Notice, the Public Hearing has
been duly and legally advertised for potential action at the Board’s June Business Meeting. For
your reference and review, please find other documentation related to this matter.
FINANCIAL IMPACT AND FUNDING SOURCE:
It is proposed that the County receive $1,250,000 for the disposition of the Property.
RECOMMENDATION:
Following the conducting of the legally required Public Hearing, County Staff recommends the
Board approve the disposition of the Property, and, subject to legal review and approval,
authorize the County Administrator sign any necessary related documentation to effectuate the
same.
MOTION:
“I make a Motion to approve the disposition of the Property, and, subject to legal review and
approval, authorize the County Administrator sign any necessary related documentation to
effectuate the same.”
10.B.4
Packet Pg. 234
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, June 16,
2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South Main
Street, Chatham, Virginia 24531, 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. A full set of the related documents
is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham,
Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website,
www.pittsylvaniacountyva.gov.
10.B.4.a
Packet Pg. 235 Attachment: 06-16-2020 Public Hearing Notice - MVP Landfill Easement (2046 : Public Hearing: Landfill Easement and Right-of-Way Property
Virginia Code § 15.2-1800. Purchase, sale, use, etc., of real property.
A. A locality may acquire by purchase, gift, devise, bequest, exchange, lease as lessee, or
otherwise, title to, or any interests in, any real property, whether improved or unimproved, within
its jurisdiction, for any public use. Acquisition of any interest in real property by condemnation
is governed by Chapter 19 (§ 15.2-1901 et seq.). The acquisition of a leasehold or other interest
in a telecommunications tower, owned by a nongovernmental source, for the operation of a
locality's wireless radio communications systems shall be governed by this chapter.
B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality
may sell, at public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest
in or otherwise dispose of its real property, which includes the superjacent airspace (except
airspace provided for in § 15.2-2030) which may be subdivided and conveyed separate from the
subjacent land surface, provided that no such real property, whether improved or unimproved,
shall be disposed of until the governing body has held a public hearing concerning such disposal.
However, the holding of a public hearing shall not apply to (i) the leasing of real property to
another public body, political subdivision or authority of the Commonwealth or (ii) conveyance of
site development easements, or utility easements related to transportation projects, across public
property, including, but not limited to, easements for ingress, egress, utilities, cable,
telecommunications, storm water management, and other similar conveyances, that are consistent
with the local capital improvement program, involving improvement of property owned by the
locality. The provisions of this section shall not apply to the vacation of public interests in real
property under the provisions of Articles 6 (§ 15.2-2240 et seq.) and 7 (§ 15.2-2280 et seq.) of
Chapter 22.
C. A city or town may also acquire real property for a public use outside its boundaries; a county
may acquire real property for a public use outside its boundaries when expressly authorized by
law.
D. A locality may construct, insure, and equip buildings, structures and other improvements on
real property owned or leased by it.
E. A locality may operate, maintain, and regulate the use of its real property or may contract with
other persons to do so.
Notwithstanding any contrary provision of law, general or special, no locality providing access
and opportunity to use its real property, whether improved or unimproved, may deny equal access
or a fair opportunity to use such real property to, or otherwise discriminate against, the Boy Scouts
of America or the Girl Scouts of the USA. Nothing in this paragraph shall be construed to require
any locality to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any
such groups from local policies governing access to and use of a locality's real property. The
provisions of this paragraph applicable to a locality shall also apply equally to any local
governmental entity, including a department, agency, or authority.
F. This section shall not be construed to deprive the resident judge or judges of the right to control
the use of the courthouse.
10.B.4.b
Packet Pg. 236 Attachment: vacode15.2-1800 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
G. "Public use" as used in this section shall have the same meaning as in § 1-219.1.
Code 1950, § 15-692; 1962, c. 623, § 15.1-262; 1968, c. 418; 1974, c. 282; 1977, c. 269; 1979, c.
431; 1980, cc. 212, 559; 1984, c. 241; 1986, cc. 477, 573; 1990, c. 813; 1997, c. 587; 1998, c. 696;
2005, c. 822; 2006, c. 57; 2007, cc. 882, 901, 926; 2017, c. 401.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
10.B.4.b
Packet Pg. 237 Attachment: vacode15.2-1800 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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:
2.Amount of Damages:
Total Compensation:
$750,000.00
$500,000.00
$1,250,000.00
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.4.c
Packet Pg. 238 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 239 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 240 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 241 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 242 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 243 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 244 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
6
10.B.4.c
Packet Pg. 245 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 246 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 247 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 248 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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 Five Hundred Thousand Dollars and Zero Cents
($500,000.00) (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.4.c
Packet Pg. 249 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 250 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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.4.c
Packet Pg. 251 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N.)
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
Amount of ROW:
Amount of Damages:
Total Amount Paid:
$750,000.00
$500,000.00
$1,250,000.00
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 provide payments to Grantor in
the amount of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) by June 30, 2020, Five Hundred Thousand Dollars and Zero Cents ($500,000.00) by December 30, 2020, and Five Hundred Thousand Dollars and Zero Cents ($500,000.00) by June 30, 2021. If said payments are not received on or before the designated time period, Grantors should inform
Mountain Valley Pipeline LLC, of such fact. Mountain Valley Pipeline LLC, shall then have fifteen (15) days after receipt of notification to make such payment, or 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:
Mountain Valley Pipeline LLC
By: EQM GATHERING OPCO, LLC – Operator
By: __________________________
Kevin J. Wagner
Its: Attorney-in-Fact
10.B.4.c
Packet Pg. 252 Attachment: PittCo Landfill Acquisition Package 5.20.20 (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff
STAR-TRIBUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has been pub-
lished once a week for successive weeks in the Star-Tribune,
a newspaper published at the Chatham office in Pittsylvania County,
Virginia, beginning on )u A.P 3 209 , and ending
on JUNP l 0 20Z.
Chad H.: • Publisher
Editor, acting agent for the publisher
1.1! 20(
DANA ZHANE'MOTLEY
NOTARY PUBLIC
REGISTRATION#7783537
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES APRIL 30,2022STATEOFVIRGINIA, AT LARGE
County of Pittsylvania, To-wit:
The foregoing instrument was acknowledged before me this
1 c 9LidayofQ9 by 4/6-Q--
My commission expires X
AlP4P
NF .
Notary Public
28 N. Main Street Tel.: (434) 432-2791
P.O. Box 111 Fax: (434) 432-4033
Chatham, VA 24531 legals@chathamstartribune.com
10.B.4.d
Packet Pg. 253 Attachment: Certificate of Publication (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard
I+UbLIU MtAKINU NU 1 It t
The Pittsylvania County Board of Supervisors will hold a
Public Hearing on Tuesday, June 16,2020, at 7:00 p.m., in
the Gallery Room of the Chatham Community Center, 115
South Main Street, Chatham, Virginia p4531, as requiredStreet,
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.Afull set of the related documents is available
in the.Pittsylvania County Administration Building, 1 Center
Street, Chatham, Virginia, 24531, Monday through Friday,
8:00 a.m.to 5:00 p.m., and on the County's website,www.
pittsylvaniacountyva.gov.
10.B.4.d
Packet Pg. 254 Attachment: Certificate of Publication (2046 : Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N.
Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 16, 2020 Item Number: 10.B.5
Attachment(s): Callands Tower Lease Agreement
06-16-2020 Callands Cell Tower
Reviewed By:
SUMMARY:
County Staff has been contacted by New Cingular Wireless PCS, LLC (AT&T) about leasing
space on the Callands Radio Tower located at 20410 Franklin Turnpike in the County. The
proposed lease would be for five (5) years at an annual rate of $26,400. County Staff has
determined that space is available on the tower. For the Board’s review and consideration, a
copy of the proposed lease is attached. Per Virginia Code § 15.2-1800(B), attached, a Public
Hearing is required to dispose of this potential lease interest in the County’s real property. As
evinced by the attached Notice, his Public Hearing has been duly and legally advertised in the
Chatham Star Tribune.
FINANCIAL IMPACT AND FUNDING SOURCE:
The proposed lease would generate $26,400 of additional revenue for the County.
RECOMMENDATION:
Following the conducting of the legally required Public Hearing, County Staff recommends the
Board authorize the County Administrator to execute the attached lease as presented, contingent
upon Bank of America approving a Subordination Agreement due to the use of non-taxable
financing for the construction of the tower.
MOTION:
“I make a Motion to authorize the County Administrator to execute an agreement between
Pittsylvania County and New Cingular Wireless, PCS, LLC (AT&T) for the leasing of tower
space on the County-owned Callands Radio Tower located at 20410 Franklin Turnpike, subject
to the approval of a subordination agreement being approved by Bank of America.”
10.B.5
Packet Pg. 255
10.B.5.a
Packet Pg. 256 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 257 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 258 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 259 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 260 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 261 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 262 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 263 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 264 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 265 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 266 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 267 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 268 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 269 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 270 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 271 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 272 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 273 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
10.B.5.a
Packet Pg. 274 Attachment: Callands Tower Lease Agreement (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
STAR-TRIBUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has been pub-
lished once a week for pQ successive weeks in the Star-Tribune,
a newspaper published at the Chatham office in Pittsylvania County,
Virginia, beginning on 3 200), and ending
on J UAp In 20
Chad H. ' Publisher
i Editor, acting agent for the publisher
ju(liv 20, E
DANAZHANE'MOTLEY I
NOTARY PUBLIC
REGISTRATION#7783537
STATE OF VIRGINIA, AT LARGE
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES APRIL30,2022
County of Pittsylvania, To-wit:
The foregoing instrument was acknowledged before me this
I D day of i by i
t1-{5/r1
My commission expires i
47yaf,(14-‘417
Notary Public
28 N. Main Street Tel.: (434) 432-2791P.O. Box 111 Fax: (434) 432-4033Chatham, VA 24531 legals@chathamstartribune.com
10.B.5.b
Packet Pg. 275 Attachment: 06-16-2020 Callands Cell Tower (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
PUBLIC NEARING NOTICE
C y
The Pittsylvania County Board of Supervisors will hold a Pub-
lic Hearing on Tuesday, June 16, 2020, at 7:00 p.m., in the
Gallery Room of the Chatham Community Center, 115 South
Main Street,Chatham,Virginia 24531,as required by Virginia
Code§ 15.2-1800(B),to receive citizen input on a proposed
lease of tower space and related real property to a cellular
company on and at the County's existing Callands Radio
Tower located at 20410 Franklin Turnpike,Chatham,Virginia
24531. A complete text of the proposed lease and related
documents are available in the Pittsylvania County Admin-
istrator's Office,.1 Center Street, Chatham,Virginia, 24531,
Monday through Friday,8:00 a.m.to 5:00 p.m.,as well as on
the County's website at www.pittsylvaniacountyva.gov.
10.B.5.b
Packet Pg. 276 Attachment: 06-16-2020 Callands Cell Tower (2052 : Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: CARES Act Budget Amendment Public Hearing (Staff
Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: June 16, 2020 Item Number: 10.B.6
Attachment(s): Public Hearing Notice - CARES ACT Budget Amendment
06-16-2020 Cares Act Budget
Reviewed By:
SUMMARY:
Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate
amount to be appropriated during the current fiscal year as shown in the currently adopted
budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one
percent of the total expenditures shown in the currently adopted budget must be accomplished by
publishing a notice of a meeting and a public hearing once in a newspaper having general
circulation in that locality at least seven days prior to the meeting date.” An advertisement of
this Budget Amendment, attached, appeared in the Chatham Star Tribune on June 3, 2020, which
satisfies the seven (7)-day requirement.
FINANCIAL IMPACT AND FUNDING SOURCE:
The County was recently awarded a total of $5,265,654 of Federal Coronavirus Relief Funds
(“CARES”). These funds are to be used to cover costs that are necessary expenditures incurred
due to the public health emergency with respect to COVID-19. These funds must be included in
the County’s Budget and expended prior to December 30, 2020.
RECOMMENDATION:
Following the legally required Public Hearing, County Staff recommends that the Board approve
an appropriation of $5,265,654.
MOTION:
“I make a Motion that $5,265,654 of CARES funds be approved and appropriated to the FY2020
County Budget.”
10.B.6
Packet Pg. 277
PUBLIC HEARING NOTICE
Pursuant to §15.2-2507, Code of Virginia, 1950, as amended, the Pittsylvania County Board of
Supervisors will hold a public hearing on Tuesday, June 16, 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 proposed Coronavirus Relief Fund (CRF) Budget Amendment. 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.
Proposed
Budget
Amendments
2019 - 2020
REVENUES
Current Budgeted Revenues $ 196,214,162.17
Coronavirus Relief Fund (CRF) 5,265,654.00
Proposed Amended Revenues $ 201,479,816.17
EXPENDITURES
Current Budgeted Expenditures $ 196,214,162.17
County Operating Budget 5,265,654.00
Proposed Amended Expenditures $ 201,479,816.17
10.B.6.a
Packet Pg. 278 Attachment: Public Hearing Notice - CARES ACT Budget Amendment (2076 : Public Hearing: CARES Act Budget Amendment Public Hearing)
1
STAR—TRIBUNE
Serving Pittsylvania County Since 1869
Certificate of Publication
I hereby certify that the attached order of publication has beenpub-
lished once a week for c2 successive weeks in the Star-Tribune,
a newspaper published at the Chatham office in Pittsylvania County,
Virginia, beginning on 20,20, and ending
on L)20,QP.
Chad Harri e Publisher
Editor, acting agent for the publisher
j)(le C) 2020
DANAZHANE'MOTLEY
NOTARY PUBLIC
REGISTRATION#7783537
COMMONWEALTH OF VIRGINIA
STATE OF VIRGINIA, AT LARGE L'CON1""'°"°"S' 130'2022
County of Pittsylvania, To-wit:
The foregoing instrument was acknowledged before me 's
10 day of CE by i rriCarI
My commission expires C 3U 9(:)
J4ELA It. A
Notary Public
28 N. Main Street Tel.: (434) 432-2791
P.O. Box 111 Fax: (434) 432-4033
Chatham, VA 24531 legals@chathamstartribune.com
10.B.6.b
Packet Pg. 279 Attachment: 06-16-2020 Cares Act Budget (2076 : Public Hearing: CARES Act Budget Amendment Public Hearing)
1(4°sql11°1 Min°(1 PUBLIC14EARINCPNOTICE'::'t':ztT4:
Pursuant to Virginia Code §15.2-2507, the Pittsylvania County Board of
Supervisors will hold a Public Hearing on Tuesday, June 16, 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 below-
described proposed Coronavirus Relief Fund Budget Amendment The full text
of the proposed Budget Amendment and related documents are ávàilábiói the
Pittsylvania County Administration Building, 1 Center Street, Chatham,Virginia,
24531, Monday through Friday,. 8:00 a.m. to 5:00 p.m., and on the County's
website,www.pittsylvaniacountyva.gov.
Proposed
Budget
Amendments
2019-2020
REVENUES
Current Budgeted Revenues 196,214,162.17
Coronavirus ReliefFund 5.265.654.00
Proposed Amended Revenues 201,479,816.17
EXPENDITURES
Current Budgeted Expenditures 196,214,162.17
County Operating Budget 5.265.654.00
Proposed Amended Expenditures 201,479,816.17
10.B.6.b
Packet Pg. 280 Attachment: 06-16-2020 Cares Act Budget (2076 : Public Hearing: CARES Act Budget Amendment Public Hearing)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: DPCS (Westover District); (Contact: Supervisor Scearce)
Staff Contact(s): Supervisor Scearce
Agenda Date: June 16, 2020 Item Number: 13.a
Attachment(s):
Reviewed By:
SUMMARY:
Currently, Lorrie Eanes-Brooks is the County’s Westover District Representative on the DPCS
Board. Her term is set to expire on June 30, 2020. Ms. Eanes-Brooks is eligible for re-
appointment and Supervisor Scearce has requested that she be appointed for another three (3)
year term, beginning July 1, 2020.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board re-appoint Ms. Eanes-Brooks as the County’s Westover
District Representative to the DPCS Board for another three (3) year term, beginning July 1,
2020.
MOTION:
“I make a Motion to re-appoint Lorrie Eanes-Brooks as the County’s Westover District
Representative to the DPCS Board for another three (3) year term, beginning July 1, 2020.”
13.a
Packet Pg. 281
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: DPCS (Dan River District); (Contact: Supervisor Davis)
Staff Contact(s): Supervisor Davis
Agenda Date: June 16, 2020 Item Number: 13.b
Attachment(s):
Reviewed By:
SUMMARY:
Currently, William “Sid” Allgood serves as the County’s Dan River District Representative on
the DPCS Board. His term is set to expire on June 30, 2020. Mr. Allgood is eligible for re-
appointment, and Supervisor Scearce has requested that he be appointed for another three (3)
year term, beginning July 1, 2020.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board re-appoint Mr. Allgood to the DPCS Board for another
three (3) year term, beginning on July 1, 2020.
MOTION:
“I make a Motion to re-appoint William “Sid” Allgood to the DPCS Board for another three (3)
year term, beginning July 1, 2020.”
13.b
Packet Pg. 282
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Library Board (Westover District) (Contact: Supervisor
Scearce)
Staff Contact(s): Supervisor Scearce
Agenda Date: June 16, 2020 Item Number: 13.c
Attachment(s):
Reviewed By:
SUMMARY:
As of June 30, 2020, the Westover District Representative seat on the County’s Library Board
will be vacant. Supervisor Scearce desires for Ms. Sandy Mitchell to be appointed as the
Westover District Representative to the County’s Library Board for a four (4) year term
beginning July 1, 2020.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board appoint Ms. Sandy Mitchell as the Westover District
Representative to the County’s Library Board for a four (4) year term beginning July 1, 2020.
MOTION:
I make a Motion to appoint Ms. Sandy Mitchell as the Westover District Representative to the
County’s Library Board for a four (4) year term beginning July 1, 2020.”
13.c
Packet Pg. 283
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Library Board (Tunstall District); (Contact: Supervisor
Ingram)
Staff Contact(s): Supervisor Ingram
Agenda Date: June 16, 2020 Item Number: 13.d
Attachment(s):
Reviewed By:
SUMMARY:
Currently, Debra Turner serves on the County’s Library Board as the Tunstall Representative.
Her term is set to expire on June 30, 2020. Ms. Turner is eligible for another four (4) year term,
beginning July 1, 2020. Supervisor Ingram has requested that she be re-appointed as the Tunstall
Representative.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board re-appoint Ms. Turner as the Tunstall Representative on the
County’s Library Board for another four (4) year term, beginning July 1, 2020.
MOTION:
“I make a Motion to re-appoint Debra Turner as the Tunstall Representative on the County’s
Library Board for another four (4) year term, beginning July 1, 2020.”
13.d
Packet Pg. 284