09-29-2020 Called Meeting Packet
1.
2.
3.
4.
5.
6.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Matterhorn
Purpose: Unannounced Industry Economic
Development Update
b. Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Solid Waste Disposal Contract
Purpose: Legal Counsel Contract Consultation
7. RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION
BOARD OF SUPERVISORS
CALLED MEETING
Tuesday, September 29, 2020 – 5:00 PM
Gallery Room - Chatham Community Center
115 South Main Street,
Chatham, Virginia 24531
AGENDA
CALL TO ORDER (5:00 PM)
ROLL CALL
AGENDA ITEMS TO BE ADDED
APPROVAL OF AGENDA
NEW BUSINESS
a.Resolution # 2020-09-08 (Grant Requirements for CDBG Funds for Small
Business Recovery Assistance Program) Adoption (Rowe)
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.
8.
9.
Called Meeting - September 29, 2020
a.Closed Session Certification
MATTERS FROM CLOSED SESSION
ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2020-09-08 (Grant Requirements for CDBG Funds for Small
Business Recovery Assistance Program) Adoption (Rowe)
Staff Contact(s): Matthew Rowe
Agenda Date: September 29, 2020 Item Number: 5.a
Attachment(s):
20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004)
20-20-35 CIG Pittsylvania County Appendix 9 FAIR HOUSING_ (004)
20-20-35 CIG Pittsylvania County - Appendix 6 NON-
DISCRIMINATION POLICY (004)
20-20-35 CIG Pittsylvania County Business Plan Resolution (004)
2020-09-08 CDBG
Reviewed By:
SUMMARY:
The County has been awarded a Grant of $330,000 from the Virginia Department of Housing
and Community Development (“DHCD”) to provide Grants with a maximum of $15,000 for
Small Businesses showing PPE needs and related supplies or rental assistance to rapidly and
safely reopen or remain open due to the COVID-19 Pandemic. Grants can be up to $10,000 in
rental assistance and $5,000 for retooling. To move forward with the Contract Negotiations of
said DHCD Grant, the County needs to adopt Resolution # 2020-09-08, attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None (no County local match).
RECOMMENDATION:
County Staff recommends the Board to adopt attached Resolution # 2020-09-08 as presented.
MOTION:
“I make a Motion to adopt attached Resolution #2020-09-08 as presented.”
5.a
Packet Pg. 3
12/03/2012 Appendix 7: Section 504 Requirements
1
Pittsylvania County, Virginia Section 504 Grievance Procedure
The U. S. Department of Housing and Urban Development (HUD) has adopted policies
and procedures to assure nondiscrimination based on handicap in programs and
activities receiving Federal financial assistance. These requirements, contained in 24
CFR Part 8, implement Section 504 of the Rehabilitation Act of 1973 as amended. All
local government recipients of CDBG funds awarded by the DHCD must take certain
actions to insure compliance with these requirements. These actions include:
1. Non-discrimination Notices: All local government grant recipients must take
appropriate steps to notify participants, beneficiaries, applicants, and employees,
including those with impaired vision or hearing, and unions or professional
organizations holding collective bargaining agreements that it does not
discriminate on the basis of handicap.
Methods of notification include publication of advertisements in newspapers,
posting of notices, and distribution of memoranda or other written materials.
If a local government publishes or uses recruitment materials or publications
containing general information that is made available to participants,
beneficiaries, applicants, or employees, the policy of nondiscrimination based on
handicap must be included.
The local government must ensure that members of the population eligible to be
served or likely to be affected who have visual or hearing impairments are
provided with the information necessary to understand and participate in the
program. Means for ensuring participation include qualified sign language and
oral interpreters, readers, or the use of taped and Braille materials.
2. 504 Coordinator: Only local government grant recipients that employ fifteen or
more persons must designate at least one person to coordinate compliance. All
notification regarding nondiscrimination shall identify the coordinator by name
and title. It is recommended that this person not be the Grant Administrator.
3. Effective Program Outreach and Communication: All local government grant
recipients must take appropriate steps to ensure effective communication with
applicants, beneficiaries, and members of the public. Telecommunication
devices for deaf persons (TDDS) or equally effective communication systems
shall be used for telephone communications with applicants and beneficiaries.
The Virginia Relay Service may also be utilized at no charge. For more
information about this service, call Virginia Relay Customer Care at 800-552-
9717 (voice/TTY) or e-mail Frontdsk@vddhh.virginia.gov. Or, visit their web
site at www.varelay.org.
All published notices related to the CDBG program must include a TDD
number.
5.a.a
Packet Pg. 4 Attachment: 20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
12/03/2012 Appendix 7: Section 504 Requirements
2
4. Grievance Procedures: Only local government grant recipients that employ
fifteen or more persons must adopt grievance procedures that incorporate
appropriate standards for due process and provide for the prompt and equitable
resolution of complaints.
5. Conduct a Self-Evaluation: All local government grant recipients must conduct
a self-evaluation to evaluate current policies and practices to determine whether
in whole or in part they meet Section 504 requirements regarding
nondiscrimination. Individuals with disabilities, organizations representing such
individuals or other interested persons should be consulted as part of the
self-evaluation process. Modifications to existing policies and practices and
corrective actions to remedy any discrimination found may be necessary. Areas
to be evaluated include:
• Completion of the Site Accessibility Checklist for 504 Requirements.
This review for physical accessibility need only be done on those
buildings used for CDBG program activities, including the location of
public meetings and where applications for benefits will be taken;
• Development of a narrative that reviews the following areas:
o Identification of 504 Coordinator;
o Program outreach and communication, including the need to list
the TDD number on all notices and advertisements required by
DHCD;
o Eligibility and admission criteria and practice;
o Employment practices, including EEO and 504 grievance
procedures; and
o Complaint and appeals procedures.
Local governments are not necessarily required to make each facility accessible to
individuals with handicaps, and need not take any action which can be
demonstrated to impose an undue financial and administrative burden.
Methods of achieving program accessibility may include the following actions:
• Locate programs or services in accessible facilities;
• Assign aides to assist beneficiaries;
5.a.a
Packet Pg. 5 Attachment: 20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
12/03/2012 Appendix 7: Section 504 Requirements
3
• Conduct home visits;
• Add or redesign equipment or furnishings;
• Change management policies or procedures;
• Acquire or build new facilities; and
• Selectively alter existing facilities.
The written self-evaluation must be kept on file for three (3) years following
completion and made available for review by the members of public, DHCD,
and/or HUD.
The locality must also document any actions taken to correct past or current
discrimination based on handicap.
Resource Material on Accessible/Adaptable Housing and
Facilities
Adaptable Housing: Marketable Accessible Housing for Everyone
U.S. Department of Housing and Urban Development (1987)
Uniform Federal Accessibility Standards (UFAS)
U.S. Architectural and Transportation Barriers Compliance Board (1984)
American National Standard for Buildings and Facilities – Providing Accessibility and
Usability for Physically Handicapped People
American National Standards Institute, Inc. (1986)
Handicapped Requirements Handbook
Federal Programs Advisory Service (1987)
5.a.a
Packet Pg. 6 Attachment: 20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
06/30/2014 Appendix 7: Section 504 Requirements
4
SELF-EVALUATION SITE ACCESSIBILITY CHECKLIST
This checklist is intended to be used as a relatively quick and easy guide to determine a
building's physical accessibility. Detailed specifications for each area can be found in
the Uniform Federal Accessibility Standards (UFAS).
Comments should be made on all "No" answers, and should include alterations that can
or will be made, any insurmountable obstacles to accessibility, or other relevant
circumstance or considerations.
Name of Site: Pittsylvania County Community Center, 115 S Main St, Chatham, VA
24531
PARKING YES NO
Does the facility have designated parking spaces for
disabled individuals?
Are spaces of adequate width (13 ft.)?
Are the spaces marked with the universal access symbol?
Are they near the building's entrance?
Comments:
BUILDING ENTRANCE YES NO
Is the main entryway wheelchair-accessible?
(Level entry or properly sloped ramp; 32" wide, non-revolving door)
If not, is there a reasonable alternative entry?
Is the entry relatively free of obstacles?
Comments:
5.a.a
Packet Pg. 7 Attachment: 20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
06/30/2014 Appendix 7: Section 504 Requirements
5
MEETING ROOMS YES NO
Can all rooms to be used for meetings or meals be reached
without using steps or escalators?
If elevator use is required, are the elevators accessible?
(36" wide door, 54" deep x 68" wide car, wheelchair accessible controls,
tactile buttons, auditory floor indicators)
If room changes are required between sessions, are pathways accessible?
(36" wide hallways, free of obstacles)
Are doorways wide enough to accommodate a wheelchair?
(32" wide)
Comments:
FACILITIES YES NO
Are restrooms wheelchair-accessible? (Adequate floor space
for wheelchair; grab bars, paper products, lavatories at
proper height; extended faucet handles)
Are paths to the restrooms accessible?
Are drinking fountains wheelchair accessible?
Can telephones be used from a wheelchair?
Comments:
PREPARER:
9/22/2020
Preparer’s Signature Date
Susan McCulloch Economic Development Project Manager
Preparer’s Name (printed) Title (printed)
5.a.a
Packet Pg. 8 Attachment: 20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
06/30/2014 Appendix 7: Section 504 Requirements
6
Section 504 Grievance Procedure Sample
The following grievance procedure has been adapted from a sample grievance
procedure developed by the U. S. Treasury, Office of Revenue Sharing based on
material prepared by the U. S. Department of Health and Human Services, Office of
Civil Rights, Regional Technical Assistance Staff. It is intended as a guide only, to be
tailored by recipient governments to suit their own particular circumstances and in
consideration of any applicable state or local laws. This sample grievance procedure
once completed should satisfy the requirements of the Department of Housing and
Urban Development's (HUD) Section 504 regulations (24 CFR Part 8.53(b). Recipients
should be reminded that existing grievance procedures may be used to meet the HUD
requirements.
Grievance Procedure
Pittsylvania County has adopted an internal grievance procedure providing for prompt
and equitable resolution of complaints alleging any action prohibited by the Department
of Housing and Urban Development's (HUD) (24 CFR 8.53(b) implementing Section
504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Section 504 states, in
part, that "no otherwise qualified handicapped individual . . . shall solely by reason of
his handicap, be excluded from the participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance. . . ."
Complaints should be addressed to: Richard Hicks, Deputy County Administrator, PO
Box 426, Chatham, Virginia 24531, phone: (434) 432-1768, who has been designated to
coordinate Section 504 compliance efforts.
1. A complaint should be filed in writing or verbally contain the name and address
of the person filing it, and briefly describe the alleged violation of the
regulations.
2. A complaint should be filed within seven (7) after the complainant becomes
aware of the alleged violation. (Processing of allegations of discrimination
occurring before this grievance procedure was in place will be considered on a
case-by-case basis.)
3. An investigation, as may be appropriate, shall follow a filing of a complaint.
The investigation will be conducted by Richard Hicks or his designee. These
rules contemplate informal but thorough investigations, affording all interested
persons and their representatives, if any, an opportunity to submit evidence
relevant to a complaint. Under 24 CFR 8.53(b), Pittsylvania County need not
process complaints from applicants for employment or from applicants for
admission to housing.
5.a.a
Packet Pg. 9 Attachment: 20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
06/30/2014 Appendix 7: Section 504 Requirements
7
4. A written determination as to the validity of the complaint and description of
resolution, if any, shall be issued by Richard Hicks and a copy forwarded to the
complainant no later than 30 days after its filing.
5. The Section 504 coordinator shall maintain the files and records of the
Pittsylvania County relating to the complaints filed.
6. The complainant can request a reconsideration of the case in instances where he
or she is dissatisfied with the resolution. The request for reconsideration should
be made within 30 days to Vaden Hunt, Esquire.
7. The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person's pursuit of other remedies such as
the filing of a Section 504 complaint with the Department of Housing and Urban
Development. Utilization of this grievance procedure is not a prerequisite to the
pursuit of other remedies.
8. These rules shall be construed to protect the substantive rights of interested
persons, to meet appropriate due process standards and to assure that the
Pittsylvania County complies with Section 504 and the HUD regulations.
Duly adopted at the regular meeting of the on , 2020____.
_________________________________
Signature of Authorized Official
5.a.a
Packet Pg. 10 Attachment: 20-20-35 CIG Pittsylvania County -Appendix 7 SECTION 504_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
Pittsylvania County Fair Housing Certification
Compliance with Title VIII of the Civil Rights Act of 1968
Whereas, Pittsylvania County has been offered and intends to accept federal funds
authorized under the Housing and Community Development Act of 1974, as amended,
and
Whereas, recipients of funding under the Act are required to take action to
affirmatively further fair housing;
Therefore, Pittsylvania County agrees to take at least one action to affirmatively
further fair housing each grant year, during the life of its project funded with Community
Development Block Grant funds. The action taken will be selected from a list provided
by the Virginia Department of Housing and Community Development.
_________________________________
Signature of Authorized Official
_________________________________
Date
5.a.b
Packet Pg. 11 Attachment: 20-20-35 CIG Pittsylvania County Appendix 9 FAIR HOUSING_ (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for
Rev. 07/01/2020 Appendix 6: Non-Discrimination Policy
1
Pittsylvania County, Virginia Non-Discrimination Policy
Pittsylvania County or any employee thereof will not discriminate in employment,
housing or accommodations because of race, color, religion, national origin, sex or
gender, age, familial status, source of income, veteran status, disability, sexual orientation
or gender identity. Administrative and personnel officials will take affirmative action to
insure that this policy shall include, but not be limited, to the following: employment,
upgrading, demotion or transfer; rates of pay or other forms of compensation; and
selection for training.
Duly adopted at the regular meeting of the on , 2020___.
_________________________________
Signature of Authorized Official
5.a.c
Packet Pg. 12 Attachment: 20-20-35 CIG Pittsylvania County - Appendix 6 NON-DISCRIMINATION POLICY (004) (2197 : Resolution # 2020-09-08 (Grant
12/03/2012 Appendix 4.B: Section 3 County Business and Employment Plan
1
Pittsylvania County Section 3 Business and Employment Plan
1. Pittsylvania County designates as its Section 3 Business and Employment Project
Area the County of Pittsylvania.
2. Pittsylvania County, its contractors, and designated third parties shall in utilizing
Community Development Block Grant (CDBG) funds utilize businesses and lower
income residents of the County in carrying out all activities, to the greatest extent
feasible.
3. In awarding contracts for construction, non-construction, materials, and supplies
Pittsylvania County, its contractors, and designated third parties shall take the
following steps to utilize businesses which are located in or owned in substantial
part by persons residing in the County:
(a) Pittsylvania County shall identify the contracts required to
conduct the CDBG activities.
(b) Pittsylvania County shall identify through various and
appropriate sources including:
The Chatham Star-Tribune
Local Newspaper of General Circulation
the business concerns within the County which are likely to provide
construction contracts, non-construction contracts, materials, and services
which will be utilized in the activities funded through the CDBG.
(c) The identified contractors and suppliers shall be included on bid lists used to
obtain bids, quotes or proposals for work or procurement contracts which
utilize CDBG funds.
(d) To the greatest extent feasible the identified business and any other project
area business concerns shall be utilized in activities which are funded with
CDBG funds.
4. Pittsylvania County and its contractors and subcontractors shall take the following
steps to encourage the hiring of lower income persons residing in the County:
(a) Pittsylvania County in consultation with its contractors (including design
professionals) shall ascertain the types and number of positions for both
trainees and employees which are likely to be used to conduct CDBG
activities.
5.a.d
Packet Pg. 13 Attachment: 20-20-35 CIG Pittsylvania County Business Plan Resolution (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
12/03/2012 Appendix 4.B: Section 3 County Business and Employment Plan
2
(b) Pittsylvania County shall advertise through the following sources
The Chatham Star-Tribune
Project Area Newspaper of General Circulation
the availability of such positions with the information on how to apply.
(c) Pittsylvania County, its contractors, and subcontractors shall be required to
maintain a record of inquiries and applications by project area residents who
respond to advertisements, and shall maintain a record of the status of such
inquires and applications.
(d) To the greatest extent feasible, Pittsylvania County, its contractors, and
subcontractors shall hire lower income project area residents in filling training
and employment positions necessary for implementing activities funded by
the Community Development Block Grant (CDBG).
5. In order to document compliance with the above affirmative actions and Section 3
of the Housing and Community Development Act of 1974, as amended, Pittsylvania
County shall keep, and obtain from its contractors and subcontractors, Registers of
Contractors, Subcontractors and Suppliers and Registers of Assigned Employees
for all activities funded by the CDBG. Such listings shall be completed and shall be
verified by site visits and employee interviews, crosschecking of payroll reports and
invoices, and through audits if necessary.
Duly adopted at the regular meeting of the on , 20______.
_________________________________
Signature of Authorized Official
5.a.d
Packet Pg. 14 Attachment: 20-20-35 CIG Pittsylvania County Business Plan Resolution (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
12/03/2012 Appendix 4.H: Section 3 Income Limits
3
5.a.d
Packet Pg. 15 Attachment: 20-20-35 CIG Pittsylvania County Business Plan Resolution (004) (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG
PITTSYVLANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2020-09-08
______________________________________________________________________________
GRANT REQUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR PITTSYLVANIA COUNTY, VIRGINIA, SMALL BUSINESS RECOVERY
ASSISTANCE PROGRAM
______________________________________________________________________________
VIRGINIA: At a meeting to the Pittsylvania County Board of Supervisors (“Board”) on
Tuesday, September 29, 2020, at the Chatham Community Center (Gallery Room), 115 South
Main Street, Chatham, Virginia 24531, the following Resolution was presented and adopted:
WHEREAS, Pittsylvania County, Virginia (“County”), has been awarded $330,000 of
Community Development Block Grant (“CDBG”) Funds for a Small Business Recovery
Assistance Program (“Program”) to help County small businesses meet their long-term business
goals by adjusting to COVID-19 demands Establishing safe and clean re-opening procedures, in
accordance with the Virginia Governor’s guidance, is necessary for the safety of customers and
employees.
WHEREAS, said CDBG Funds will allow up to twenty (20) County businesses to get back
up and running, ideally helping them retain existing staff, fill vacant positions, create new jobs,
pay rent/mortgage bills for up to six (6) months, and become more efficient and resilient; and
WHEREAS, the Pittsylvania County Board of Supervisors (“Board”) is required to
approve the following attached documents necessary for the Program’s Contract Negotiation
process: (1) CDBG Section 3 Business and Employment Plan; (2) CDBG Non-Discrimination
Policy; (3) CDBG Section 504 Requirements; and (4) Fair Housing Certification that the Board
approves as part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the Board formally intends to submit
the attached Program documents to the CDBG and authorizes the County Administrator, the
County’s Chief Administrative Official, to sign and submit the same.
Given under my hand this 29th day of September, 2020.
____________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
____________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
5.a.e
Packet Pg. 16 Attachment: 2020-09-08 CDBG (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG Funds for Small Business Recovery Assistanc)
VOTE
Joe B. Davis Yes/No
William (“Vic”) Ingram Yes/No
Charles H. Miller, Jr. Yes/No
Robert (“Bob”) W. Warren Yes/No
Ronald S. Scearce Yes/No
Ben L. Farmer Yes/No
Tim W. Dudley Yes/No
Ayes __ Nays __ Abstentions __
5.a.e
Packet Pg. 17 Attachment: 2020-09-08 CDBG (2197 : Resolution # 2020-09-08 (Grant Requirements for CDBG Funds for Small Business Recovery Assistanc)
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title:
Discussion concerning a prospective business or industry or the expansion
of an existing business or industry where no previous announcement has
been made of the business' or industry's interest in locating or expanding
its facilities in the community.
Staff Contact(s): Matthew Rowe
Agenda Date: September 29, 2020 Item Number: 6.a
Attachment(s):
Reviewed By:
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Matterhorn
Purpose: Unannounced Industry Economic
Development Update
6.a
Packet Pg. 18
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title:
Consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal
advice by such counsel.
Staff Contact(s):
Agenda Date: September 29, 2020 Item Number: 6.b
Attachment(s):
Reviewed By:
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Solid Waste Disposal Contract
Purpose: Legal Counsel Contract Consultation
6.b
Packet Pg. 19
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Closed Session Certification
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: September 29, 2020 Item Number: 7.a
Attachment(s):
Reviewed By:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors
(the “Board”) on September 29, 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/No
Timothy W. Dudley Yes/No
Ben L. Farmer Yes/No
William “Vic” Ingram Yes/No
Charles H. Miller, Jr. Yes/No
Ronald S. Scearce Yes/No
Robert W. “Bob” Warren Yes/No
7.a
Packet Pg. 20