03-16-2021 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, March 16, 2021 – 7:00 PM
Board Meeting Room
39 Bank Street, SE,
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER (7:00 PM)
2. ROLL CALL
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE
5. AGENDA ITEMS TO BE ADDED
6. APPROVAL OF AGENDA
7. CONSENT AGENDA
a. Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. County Facilities Naming/Renaming Policy Adoption (Staff Contact: Kaylyn M.
McCluster)
c. Resolution # 2021-03-01 (Support for Expansion of Local Probation and Pretrial
Services Programs) Adoption (Staff Contact: Kaylyn M. McCluster)
d. Board Meeting Room Joint Use Agreement (Staff Contact: Kaylyn M. McCluster)
e. Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der
Hyde)
f. Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde)
g. County Budget Calendar Approval (Staff Contact: Kimberly G. Van Der Hyde)
h. Rivermont Subdivision Vacation Approval (Staff Contact: Emily S. Ragsdale)
i. Ison TROF LPA and Other Related Documents Approval (Staff Contact: Matthew D.
Rowe)
Business Meeting - March 16, 2021
j. Dogwood Global TROF LPA and Other Related Documents Approval (Staff Contact:
Matthew D. Rowe)
k. IPG TROF LPA and Other Related Documents Approval (Staff Contact: Matthew D.
Rowe)
l. Operational Medical Director MOA Approval (Staff Contact: Christopher C. Slemp)
m. RSAF Grant Application Submission Approval (Staff Contact: Christopher C.
Slemp)
n. Parks and Recreation Assumption of Risk and Waiver of Liability (to include
COVID) Release Form Approval (Staff Contact: Justin Price)
o. Danville Utilities Commission County Representative Appointment (Contact:
Chairman Warren)
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: Case R-21-004 Blessed Beyond Measures, LLC;
Rezoning from R-1, Residential Suburban Subdivision District, and A-1,
Agricultural District, to A-1, Agricultural District (Supervisor Ingram)
Business Meeting - March 16, 2021
B. Other Public Hearings
Each person addressing the Board under a Public Hearing shall step up, give his/her
name and district, and/or his/her place of residency for non-County citizens, in an
audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be
limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless
the consent of the Board is affirmatively given to extend the speakers allotted time.
Absent Chairman’s approval, no person shall be able to speak who has not signed up.
1. Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily S. Ragsdale)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. MATTERS FROM WORK SESSION (IF ANY)
14. BOARD MEMBER REPORTS
15. COUNTY ADMINISTRATOR REPORTS
16. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Minutes Approval (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: March 16, 2021 Item Number: 7.a
Attachment(s):
02-16-2021 Joint Meeting with School Board - DRAFT
02-16-2021 Work Session - DRAFT
02-16-2021 Business Meeting - DRAFT
Reviewed By:
7.a
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February 16, 2021
Joint Meeting
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
JOINT MEETING
February 16, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ Joint Meeting with the
Pittsylvania County School Board was held on February 16, 2021, in the Board Meeting Room,
39 Bank Street, SE, Chatham, Virginia 24531.
CALL TO ORDER
Warren Called the Meeting to Order at 2:30 PM.
ROLL CALL
A Roll Call was conducted. The following Board Members were present:
Attendee Name Title Status Arrived
Warren Chairman - Chatham Blairs District Present 2:25 PM
Scearce Vice-Chairman - Westover District Present 2:23 PM
Davis Supervisor - Dan River District Present 2:29 PM
Dudley Supervisor - Staunton River District Present 2:14 PM
Farmer Supervisor - Callands-Gretna District Present 2:22 PM
Ingram Supervisor - Tunstall District Present 2:17 PM
Miller Supervisor - Banister District Present 2:32 PM
The following School Board Members were present:
J. Samuel Burton
Calvin D. Doss
Don C. Moon
Cassandra F. Crump
Raymond C. Ramsey
Kevin W. Mills
AGENDA ITEMS TO BE ADDED
None.
APPROVAL OF AGENDA
Motion to approve Agenda.
7.a.a
Packet Pg. 5 Attachment: 02-16-2021 Joint Meeting with School Board - DRAFT (2377 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
February 16, 2021
Joint Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
NEW BUSINESS
a. School Division’s Budget Requests Presentation
Dr. Jones, Ms. Worley, and Ms. Haymore presented the School Division’s Budget Request to the
Board. The full Presentation can be found on the County’s website at
www.pittsylvaniacountyva.gov. Dr. Jones highlighted some information about the School
Division. He stated the schools are implementing COVID-19 safety mitigation strategies, such
as six (6) feet physical distancing, masks being worn at all times in buildings except when alone
or in offices or classrooms, hand hygiene and respiratory etiquette, daily health screening and
staying home when sick, and routine cleaning and sanitizing. They are currently running on the
Hybrid Instruction Model which consists of Pre-K to Grade 3 students attend school four (4)
days a week, PCTC students attend two (2) or four (4) days per week, students in Grades 4 to 12
attend two (2) days per week, and all students may participate in one-hundred percent (100%)
remote learning.
Ms. Worley stated the Governor’s Budget Proposal provides a slight increase in revenues for
County Schools, equally approximately $413,443.00. The Proposal also includes No Loss
Funding that holds its revenues harmless for FY 2021 and FY 2022. She stated they did not
allocate all their funding in FY 2021 due to the unknowns surrounding ADM and the
sustainability of our revenue sources. Because of that, they approximately $2 million of new
funding to work with for FY 2022. The Governor’s budget includes a two percent (2%) bonus
for employees that can be used for a salary increase as well. Their plan is to use the bonus funds
towards implementing the remaining phase of the Compensation Study. The cost to finish
implementing the Study is approximately $1.2 million. This will only get their employees to
their June 30, 2018, years of service level. Once the Study is met, the mandated state increases
are applied to certain programs and an operating increase is made for minimum wage, PCS will
only have $340,000 for all other priority initiatives. She also shared their priorities for FY 2022,
which includes Experience steps for all employees for FY 19, 20 and 21 - $1,875,000.00;
Attendance Clerk for GMS - $26,380.00; Teachers-STEM, PCTC and Regular Ed- $201,900.00;
Special Education Supervisor - $93,294.00; Nurse Coordinator to 12 months - $13,277.00;
Increase additional Teaching Period pay to $3000 - $5,600.00; Expand Ready for Success
Program - $233,000.00; CISCO Smartnet Annual Renewal - $28,000.00; Replace deteriorated
light poles on ball fields - $100,000.00; Operating increase for Security Grant match -
$47,500.00; Maintenance Operating Expenses - $300,000.00 (1) Part-time Custodian -
$21,785.00; Replacement Vehicles - $169,703.00; New Vehicle Lease - $312,288.00. This
brings the total priorities to $3,722,727.
Ms. Haymore highlighted the Victory Academy and their STAR Program. Using the STAR
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Board of Supervisors
February 16, 2021
Joint Meeting
Program allows for a total CSA savings of $4,966,494. The current CSA savings attributed to
the Ready for Success Program was $1,541,242. There could be an additional CSA savings of
$385,200 based on a potential RFS expansion. The cost for the expansion for 20-21 is $233,000,
which is a net savings to CSA of $153,200.
QUESTIONS/OPEN DISCUSSION
Many thanks were given by both Boards to School Staff for their hard work during this difficult
pandemic time.
ADJOURNMENT
Warren adjourned the Meeting at 3:45 PM.
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Packet Pg. 7 Attachment: 02-16-2021 Joint Meeting with School Board - DRAFT (2377 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
February 16, 2021
Work Session
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
WORK SESSION
February 16, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on
February 16, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531.
CALL TO ORDER (4:30 PM)
Warren Called the Meeting to Order at 4:30 PM.
ROLL CALL
A Roll Call was conducted. The following Board Members were present:
Attendee Name Title Status Arrived
Warren Chairman - Chatham Blairs District Present 4:18 PM
Scearce Vice-Chairman - Westover District Present 4:18 PM
Davis Supervisor - Dan River District Present 4:19 PM
Dudley Supervisor - Staunton River District Present 4:21 PM
Farmer Supervisor - Callands-Gretna District Present 4:18 PM
Ingram Supervisor - Tunstall District Present 4:16 PM
Miller Supervisor - Banister District Present 4:20 PM
AGENDA ITEMS TO BE ADDED
None.
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dudley
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
PRESENTATIONS
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. BOS 2021 Work Plan Review (Staff Contact: David M. Smitherman); (10 minutes)
Smitherman reviewed the 2021 Work Plan developed by the Board at its recent Strategic
Planning Session. This is on tonight’s Business Meeting Agenda’s for approval.
2021 Work Plan
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Packet Pg. 8 Attachment: 02-16-2021 Work Session - DRAFT (2377 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
February 16, 2021
Work Session
1. Establish a regional sports complex/park
2. Aggressively seek opportunities to generate additional revenue at the County Landfill
3. Complete there (3) new Convenience Centers
4. Establish a Water Line Extension Fund to offset citizen cost of receiving County water
5. Allow citizens to vote on one percent (1%) additional sales tax for school capital needs
6. Improve recruitment practices for qualified minority job applicants
7. Complete borrowing for Solid Waste Capital Improvement Plan
8. Create naming policy for publicly owned County facilities/assets
9. Continue to monitor DSS administration improvements
10. Explore additional measures to improve employee wellness benefits
11. Seek public access to Cherrystone and/or Roaring Fork Lakes as part of the Dam
Rehabilitation Project
b. FRC Recommended Equipment and Apparatus Uniform CIP Standards Discussion
(Staff Contact: Christopher C. Slemp); (10 minutes)
Fox presented the below Equipment and Apparatus Uniform CIP Standards unanimously
recommended for adoption by the County’s Fire and Rescue Commission at its January Meeting.
Said Standards, which are proposed to be required to be followed by County volunteer Fire and
EMS Agencies when they purchase apparatus and equipment using County CIP Funds, are on
tonight’s Board’s Business Meeting’s Consent Agenda for formal adoption.
Fire Engine/Pumper
Minimum of 1250-gpm pump
Minimum 1000-water tank
Minimum of a 3-person cab
Meets current NFPA standards for storage and hose capacity.
4000-watt light tower
Fire Tanker/Tender
Minimum of 1000-gpm pump
Minimum of 2000-gallon tank
Quick water discharge
Meets current NFPA standard for water
Brush Truck
Minimum 1-ton chassis
Minimum 250-gpm pump
Minimum 250-gallon tank
BUSINESS MEETING DISCUSSION ITEMS
Hunt stated that there will be changes to the Consent Agenda at the Business Meeting. The
Work Plan will be revised to reflect what was just discussed and added regarding the employee
wellness benefits and public access to Cherrystone and Roaring Fork Lakes. There will also be
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Board of Supervisors
February 16, 2021
Work Session
two (2) Resolutions added to the Business Meeting Agenda: (1) Resolution # 2021-02-05
(Declaration of Local Emergency); and (2) Resolution # 2021-02-06 (Resolution Granting
County Employees that Exhaust all Earned Benefits due to COVID-19 an Additional Twelve
(12) Weeks of Employer-Paid Health Insurance).
CLOSED SESSION
The Board entered Closed Session at 4:52 PM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scearce
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
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: Jail Land
Purpose: Discussion of Related Property Acquisition for a Public
Purpose
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 Matters: Cool Branch/Franklin EMS Agreement; and Keeling VFD
Board of Directors Mass Resignation
Purpose: Legal Consultation/Advice Regarding the Same
c. 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 Matters: Projects Recycle, Squared, Orange, and Installation
Purpose: Economic Development Updates on Unannounced
Prospective Businesses/Industries
RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 6:45 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED at the Pittsylvania County Board of Supervisors (“Board”) Meeting
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Board of Supervisors
February 16, 2021
Work Session
on February 16, 2021, 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 (“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
Davis Yes
Dudley Yes
Farmer Yes
Ingram Yes
Miller Yes
Scearce Yes
Warren Yes
ADJOURNMENT
Warren adjourned the Meeting at 6:46 PM.
7.a.b
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February 16, 2021
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
February 16, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held
on February 16, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia
24531.
CALL TO ORDER (7:00 PM)
Warren Called the Meeting to Order at 4:30 PM.
ROLL CALL
A Roll Call was conducted. The following Board Members were present:
Attendee Name Title Status Arrived
Warren Chairman - Chatham Blairs District Present 6:51 PM
Scearce Vice-Chairman - Westover District Present 6:50 PM
Davis Supervisor - Dan River District Present 6:51 PM
Dudley Supervisor - Staunton River District Present 6:51 PM
Farmer Supervisor - Callands-Gretna District Present 6:47 PM
Ingram Supervisor - Tunstall District Present 6:49 PM
Miller Supervisor - Banister District Present 6:51 PM
AGENDA ITEMS TO BE ADDED
Motion to remove/add the following items to the Agenda:
1. Remove item 7e, 2021 Work Plan approval.
2. Add Resolution # 2021-02-05 Declaration of Local Emergency as item 7l.
3. Add revised 2021 Board Work Plan as item 7m.
4. Add Resolution # 2021-02-06 Resolution Granting County Employees that Exhaust all Earned
Benefits due to COVID-19 an Additional Twelve (12) Weeks of Employer-Paid Health
Insurance as item 7n.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Farmer
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
Motion to approve Agenda.
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Board of Supervisors
February 16, 2021
Business Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Farmer
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
CONSENT AGENDA
Scearce stated that item f on the Consent Agenda rescinds the previous Resolution that connects
Bachelor’s Hall Farm Road to the proposed S.R. 311 Berry Hill Connector Road. The new
Resolution allows Bachelor’s Hall Farm Road to remain a cul-de-sac.
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Board of Supervisors
February 16, 2021
Business Meeting
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Business Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
a. Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde)
c. BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)
d. Letter of Support for HB 2322/SB 1469 (Creation of Opioid Abatement Authorize)
Transmittal Authorize (Staff Contact: Kaylyn M. McCluster)
e. 2021 Board Work Plan Approval (Staff Contact: David M. Smitherman)-Item Removed from
Agenda
f. Resolution # 2021-02-01 (Resolution Rescinding Resolution # 2020-09-03 and Supporting
New Disposition of S.R. 1055 (Bachelor Hall Farm Road) Relating to the Proposed S.R. 311
Berry Hill Connector Road Project) Adoption (Contact: Supervisor Scearce)
g. FRC Recommended Equipment and Apparatus Uniform CIP Standards Adoption (Staff
Contact: Christopher C. Slemp)
h. Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck
Using County Tax Exemption Financing) Adoption (Staff Contact: Christopher C. Slemp)
i. Resolution # 2021-02-03 (Resolution in Opposition to any Legislative Effort to
Repeal/Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials)
Adoption (Staff Contact: Kaylyn M. McCluster)
j. Notice of Intent to Abandon a Portion of Ringgold Industrial Parkway (S.R. 1270) and
Right-of-Way for Intertape Expansion Approval (Staff Contact: Matthew D. Rowe)
k. Revised FY21 Volunteer CIP MOA Approval (Staff Contact: Christopher C. Slemp)
l. Resolution # 2021-02-05 - Declaration of Local Emergency
m. Revised 2021 Board Work Plan
n. Resolution # 2021-02-06 - Resolution Granting County employees that Exhaust all Earned
Benefits due to COVID-19 an Additional Twelve (12) Weeks of Employer-Paid Health
Insurance
PRESENTATIONS
HEARING OF THE CITIZENS
Chuck Angier stated that he attended the Business Meeting of the Cool Branch Fire Department.
Cool Branch would like to resolve the matter with Franklin County. He stated the Franklin
County donors have ceased their donations due to not knowing if they will have coverage or not,
and this is also affecting grants.
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Board of Supervisors
February 16, 2021
Business Meeting
PUBLIC HEARINGS
Rezoning Public Hearings
Case 1: Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia; Dan River
Election District; R-1, Residential Suburban Subdivision District, and A-1, Agricultural
District, to B-2, Business District, General (Supervisor Davis)
Warren opened the Public Hearing at 7:10 PM. Representatives from the City of Danville were
present to represent the Petition. No one signed up to speak and Warren closed the Public
Hearing at 7:11 PM.
Motion to rezone 0.50 acres from R-1, Residential Suburban Subdivision District, and A-1,
Agricultural District, to B- 2, Business District, General (to consolidate with their adjacent parcel
of land zoned B-2).
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 2: Public Hearing: Rezoning Case R-21-002; Sherry Scruggs; Tunstall Election
District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District
(Supervisor Ingram)
Warren opened the Public Hearing at 7:12 PM. Robert Vaughn was present to represent the
family. He stated this property does not have road frontage at this time. The family can
purchase a small tract of property to allow a small area of road frontage. No one signed up to
speak and Warren closed the Public Hearing at 7:15 PM.
Motion to rezone 0.062 acres from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (to consolidate with an adjacent property zoned A-1).
RESULT: APPROVED [UNANIMOUS]
MOVER: Ingram
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 3: Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia; Callands-
Gretna Election District; R-1, Residential Suburban Subdivision District, and A-1,
Agricultural District, to A-1, Agricultural District (Supervisor Farmer)
Warren opened the Public Hearing at 7:16 PM. The representative from the Solar company was
unable to be present due to COVID travel restrictions with his company. No one signed up to
speak and Warren closed the Public Hearing at 7:17 PM.
Motion to rezone 63.44 acres from R-1, Residential Suburban Subdivision District, and A-1,
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Board of Supervisors
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Business Meeting
Agricultural District, to A-1, Agricultural District (for a utility scale solar energy facility).
RESULT: APPROVED [UNANIMOUS]
MOVER: Farmer
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Other Public Hearings
1. Public Hearing: PCC Chapter 8 Potential Revisions (Related to Registrar's Office
Move); (Staff Contact: Richard N. Hicks)
The County’s Registrar’s Office is in the process of moving from its current location to the new
Elections and Training Center. As such, revisions to Chapter 8 of the Pittsylvania County Code
(“PCC”) are required related to the change in location of the Chatham Voting Precinct and the
Central Absentee Voting Election District.
Warren opened the Public Hearing at 7:19 PM. No one signed up to speak and Warren closed
the Public Hearing at 7:21 PM.
Motion to adopt the revisions to Chapter 8 of the Pittsylvania County Code as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
UNFINISHED BUSINESS
None.
NEW BUSINESS
None.
APPOINTMENTS
None.
MATTERS FROM WORK SESSION (IF ANY)
None.
BOARD MEMBER REPORTS
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Board of Supervisors
February 16, 2021
Business Meeting
• Ingram thanked all of the Fire and Rescue volunteers for the fabulous work they did
during the ice storm. Requested for everyone to remember the lineman who was injured
earlier in your prayers. In honor of Black History Month, he recognized Wendell Scott,
Ferrell Edmunds, Tommy McMannon, Jerome Adams, and Ann Deering. He also
recognized Mr. Hairston on his passing, as well as the passing of Judge Perdue.
• Farmer recognized the Revitalization for Greater Gretna and stated they are having their
handbag bingo again this year, but it will be virtual. He also thanked men and women
who are putting in the time and efforts during these storms.
• Dudley thanked everyone who are working the storm. He also thanked Staff for their
hard work.
• Miller stated his appreciation of the way the members of the Board and the public are
coming to the point of recognizing many accomplishments of the African American
society. He also recognized Dr. Carter G. Woodson for his accomplishments, and he was
the originator of Black History Month.
• Davis thanked several in attendance at the Meeting as well as Staff. He also thanked
Cherrystone Church for opening to the community, and he also thanked the VDH Staff,
Averett University, Dominion, and VDOT. He requested Hunt to begin exploring farm
tags and the possibility of them being abused.
• Scearce again urged citizens to contact the Governor’s office and request that he reopen
the State. He also responded to the personal comments from the Danville Register and
Bee.
• Warren thanked the Fire and Rescue Departments for everything they have been dealing
with, as well as the Utility workers and VDOT for responding so quickly to such a
difficult situation with the storms. He thanked Ingram and Miller for their comments
regarding Black History Month. Warren recognized Sherman Saunders for his leadership
and long-standing membership of the City Council of Danville. He also remembered
Charles Harris, Ruby Archie, Robert Wright, and Harry Johnson for the wonderful things
they have done for our region. Warren also spoke on the Joint Meeting with the School
Board earlier in the day and he stated his appreciation of the teamwork the Board and
School Board have developed.
COUNTY ADMINISTRATOR REPORTS
Smitherman acknowledged Public Safety employees, 911 operators, and all of those who have
been assisting during this storm. He appreciates everyone bringing attention to Black History
Month. He stated the number of animals at the Pet Center is reaching the lowest mark that it has
been in the last twelve (12) months. This is due to the strong partnerships of getting these
animals to communities that can adopt them. The County is assisting with spay and neutering
and the vouchers can be found at the Pet Center.
ADJOURNMENT
Warren adjourned the Meeting at 7:50 PM.
7.a.c
Packet Pg. 18 Attachment: 02-16-2021 Business Meeting - DRAFT (2377 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: County Facilities Naming/Renaming Policy Adoption (Staff Contact:
Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: March 16, 2021 Item Number: 7.b
Attachment(s): Naming Policy
Reviewed By:
SUMMARY:
At the Board’s recent Strategic Planning Session, it identified the creation/adoption of a
Pittsylvania County Facilities Naming/Renaming Policy (“Naming Policy”) as a 2021 Board
Priority. For the Board’s review and consideration, a draft of a Naming Policy is attached. Said
Naming Policy identifies criteria for naming/renaming a County facility.
FINANCIAL SOURCE/FISCAL IMPACT:
None.
RECOMMENDATION:
County Staff recommends the Board adopt the Naming Policy as presented.
MOTION:
“I make a Motion to adopt the Naming Policy as presented.”
7.b
Packet Pg. 19
Page 1 of 2
PITTSYLVANIA COUNTY FACILITIES NAMING/RENAMING POLICY
I. Criteria for Naming County Facilities:
County facilities, including buildings and parks, shall generally be named according to the
geographical, historical, or ecological relationships in which the site is located. Exceptions may
be made in the following circumstances:
(A) To Commemorate an Individual’s Service:
Facilities may be named after an individual who made significant contributions to the
County through participation in community, state, or national service. A facility can be so named
five (5) years or more after the individual is deceased.
(B) To recognize a Significant Contribution to a Facility:
In selected instances, a County facility may be named after a
business/individual/organization that makes a unique and extraordinary financial or other
contribution to the development and/or usage of the facility being named. The merits and value
of each such naming shall be evaluated on a case-by-case basis. It should not be assumed that a
financial contribution guarantees that a facility is named after the business/individual/organization.
(C) To help Identify the Facilities Purpose/Usage:
A name may be assigned to a County facility if it helps to describe and identify the usage
or purpose of the facility.
(D) To Identify the Facility with a Specific School:
Facilities developed on a school site may be named according to the name of the school.
II. Renaming County Facilities:
Renaming a County facility can occur if:
(A) The above-stated criteria are met;
(B) A valid justification for renaming the facility is provided;
(C) Changing the name will not cause undue confusion within the community; and
(D) An appropriate level of community support exists.
III. Naming Committee/Process for Naming County Facilities:
(A) At its annual Reorganizational Meeting or at any other appropriate time, the
Chairman of the Pittsylvania County Board of Supervisors (“Board”) shall appoint a County
Naming Committee (“Committee”) composed of three (3) Board Members.
The Committee shall make recommendations to the full Board concerning the naming or
renaming of County facilities.
7.b.a
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Page 2 of 2
The Committee will seek comment and non-binding recommendations from
appropriate/applicable organizations when considering a County facility naming or renaming
request.
The Committee will synthesize the comments received and make a recommendation to the
full County Board for potential action.
Adopted by the Pittsylvania County Board of Supervisors on _________.
7.b.a
Packet Pg. 21 Attachment: Naming Policy (2381 : County Facilities Naming/Renaming Policy Adoption (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Resolution # 2021-03-01 (Support for Expansion of Local Probation and
Pretrial Services Programs) Adoption (Staff Contact: Kaylyn M.
McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: March 16, 2021 Item Number: 7.c
Attachment(s): 2021-03-01 Support for Expansion of Local Probation and Pretrial
Services Programs
Reviewed By:
SUMMARY:
Halifax/Pittsylvania Court Services (“HPCS”) has provided Local Probation Services to Halifax
and Pittsylvania Counties since 1995, and Pretrial Supervision since 1996. In 2004, the services
were expanded to the City of Danville. HPCS, under the direction of the Halifax County Board
of Supervisors, currently provides Local Community Corrections Services, which includes local
probation and related components, and Pretrial Services in the Counties of Halifax and
Pittsylvania, and the City of Danville. Services provided to all three (3) Court levels include
local probation supervision, community service, substance abuse testing and treatment, substance
abuse screening and assessment, monitoring payment of court costs and restitution, employment
assistance, educational assistance, anger management groups, pretrial investigation, and pretrial
supervision. HPCS’s mission is to provide alternatives, prior to and after sentencing, to all Court
levels, utilizing evidence-based practices to contribute to the reduction of recidivism for
probation, and the reduction of failure to appear rates and new arrests for pretrial services.
All local probation officers with HPCS perform their jobs in accordance with Virginia Code §
9.1-176.1, and pretrial officers with HPCS perform their job duties in accordance with Virginia
Code § 19.2-152.4:3. All Program Staff follow the Minimum Standards for Local Community
Corrections and Pretrial Services, as well as all regulations and guidelines issued by DCJS.
HPCS Staff supervise probationers/defendants in accordance with Evidence-Based Practices.
In February 2020, Grant funds were available for expansion of services, and HPCS applied to
obtain funds to expand services to Henry, Patrick and Franklin Counties, and the City of
Martinsville, which are four (4) of five (5) localities in Virginia that do not have either local
probation or pretrial services. HPCS was awarded the funds effective July 1, 2020; however, the
State funds were frozen until January 1, 2021, when these were officially awarded.
For the four (4) new jurisdictions to receive services through HPCS, the four (4) new
jurisdictions, as well as the three (3) localities currently served by HPCS, must enter new
7.c
Packet Pg. 22
Resolutions supporting the expansion into these new areas. For the Board’s review and
consideration, Resolution # 2021-03-01, evincing the same is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2021-03-01 as presented.
MOTION:
“I make a Motion to adopt Resolution # 2021-03-01 as presented.”
7.c
Packet Pg. 23
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2021-03-01
______________________________________________________________________________
SUPPORT FOR EXPANSION OF LOCAL PROBATION AND PRETRIAL SERVICES
PROGRAMS
______________________________________________________________________________
VIRGINIA, at the Regular Meeting of the Pittsylvania County Board of Supervisors
(“Board”), held on March 16, 2021, the following Resolution was presented and adopted:
WHEREAS, the Commonwealth of Virginia, in the interest of Community Corrections
and Pretrial Services, has provided by law for any City, County, or combination thereof to develop,
establish, and maintain a Local Pretrial Services or Community-based Probation Program. The
Community-based Probation Program provides the Judicial System with sentencing alternatives
for certain local-responsible offenders pursuant to Article 9 (Section 9.1-173 et seq) of Chapter 1
of Title 9.1 of the Code of Virginia, 1950, as amended. Such Programs shall provide services to
include, but not limited to: community service, probation supervision, home incarceration,
substance abuse assessment, drug testing, and substance abuse treatment. The Local Pretrial
Program will assist Judicial Officers in discharging their duties pursuant to Article 1 (Section 19.2-
152.2 et seq) of Chapter 9 of Title 19.2 of the Code of Virginia, 1950, as amended; and
WHEREAS, Halifax/Pittsylvania Court Services has administered the Community
Corrections Program for Halifax and Pittsylvania Counties since July 1, 1995, and the Pretrial
Program for these localities since April 1, 1996, and has administered Community Corrections to
the City of Danville since September 7, 2004, and the Pretrial Program since October 1, 2009.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board that Pittsylvania
County shall pursue funding through a joint exercise of powers, as authorized by Section 15.2-
1300 of the Code of Virginia, 1950, as amended, with the Board, Halifax County, Patrick County,
Franklin County, and the City Councils of Danville and Martinsville, for a Community-based
Probation Program and a Pretrial Services Program. Such Programs are to be administered by the
Agency currently operating as Halifax/Pittsylvania Court Services. The Programs’ operations will
be as follows:
1. A Community Criminal Justice Board (“CCJB”) will be established to represent the
Counties of Halifax, Pittsylvania, Henry, Patrick, and Franklin and the Cities of Danville and
Martinsville. Appointments to the CCJB shall be made by each local governing body, and each
local governing body shall agree upon appointments. The CCJB shall have no more than thirty-
five (35) members.
Unless otherwise agreed upon, each participating County shall have an equal number of
appointments. Each CCJB shall include, at a minimum, the following mandatory members: a
member from each governing body or a City or County Manager, County Administrator or
Executive, or Assistant or Deputy appointed by the governing body; a Judge of the General District
Court; a Circuit Court Judge; a Juvenile and Domestic Relations District Court Judge; a Chief
7.c.a
Packet Pg. 24 Attachment: 2021-03-01 Support for Expansion of Local Probation and Pretrial Services Programs (2389 : Resolution # 2021-03-01 (Support for
Magistrate; one Chief of Police or the Sheriff in a jurisdiction not served by a police department
to represent law enforcement; an Attorney for the Commonwealth; a Public Defender, and/or an
attorney who is experienced in the defense of criminal matters; a Sheriff or the Regional Jail
Administrator responsible for jails serving those jurisdictions involved in the Local Pretrial
Services and Community-based Probation Program; a local educator; and a Community Services
Board Administrator.
2. The CCJB will serve the counties of Halifax, Pittsylvania, Henry, Patrick, and
Franklin and the Cities of Danville and Martinsville in accordance with Section 9.1-180 of the
Code of Virginia, 1950, as amended.
3. Halifax County will act as Fiscal Agent, and the County Administrator for Halifax
County will represent the board as Program Administrator.
4. Localities are required to establish Local Pretrial Services and Community-based
Probation Programs only to the extent funded by the Commonwealth through the General
Appropriations Act, and funding shall be used for the provision of services and operations of
Programs.
5. The Program is authorized to acquire furniture and equipment as the Fiscal Agent
deems necessary or advisable for the optimal operation of the Program. Any title to such furniture
and equipment shall be vested in the Program, so long as the seven (7) political subdivisions
continue to participate in this Agreement. If only one (1) political subdivision continues to
administer the Program, it shall cease to operate as a joint exercise of power, and property then
owned by the Program will be disposed as follows:
A. Any property owned by the Program prior to July 1, 1995, or purchased
with Grant Funds since that date, shall remain the property of the political subdivision that
continues to administer said Program.
B. Any property owned by Halifax County, but on loan to the Program, shall
be returned to Halifax County, should Halifax County withdraw from this Agreement.
C. Any property owned by Pittsylvania County, but on loan to the Program,
shall be returned to Pittsylvania County, should Pittsylvania County withdraw from this
Agreement.
D. Any property owned by the City of Danville, but on loan to the Program,
shall be returned to the City of Danville, should the City of Danville withdraw from this
Agreement.
E. Any property owned by Henry County, but on loan to the Program, shall be
returned to the Henry County, should Henry County withdraw from this Agreement.
F. Any property owned Patrick County, but on loan to the Program, shall be
returned to Patrick County, should Patrick County withdraw from this Agreement.
7.c.a
Packet Pg. 25 Attachment: 2021-03-01 Support for Expansion of Local Probation and Pretrial Services Programs (2389 : Resolution # 2021-03-01 (Support for
G. Any property owned by Franklin County, but on loan to the Program, shall
be returned to the Franklin County, should the Franklin County withdraw from this Agreement.
H. Any property owned by the City of Martinsville, but on loan to the Program,
shall be returned to the City of Martinsville, should the City of Martinsville withdraw from this
Agreement.
6. This Agreement shall remain in effect for one (1) year commencing April 1, 2021,
and shall continue thereafter automatically from year-to-year, unless terminated by unanimous
agreement of all participating governing bodies. Any locality wishing to withdraw from the
Program may, at the beginning of any calendar quarter, by Ordinance or Resolution of its
governing authority, notify the Director of the Department of Criminal Justice Services of its
intention to withdraw from the Community Corrections Program. Such withdrawal shall be
effective as of the last day of the quarter in which such notice is given.
Given under my hand this 16th day of March, 2021.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
Approved as to Form:
_________________________
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
7.c.a
Packet Pg. 26 Attachment: 2021-03-01 Support for Expansion of Local Probation and Pretrial Services Programs (2389 : Resolution # 2021-03-01 (Support for
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Board Meeting Room Joint Use Agreement (Staff Contact: Kaylyn M.
McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: March 16, 2021 Item Number: 7.d
Attachment(s): JOINT USE AGREEMENT
Reviewed By:
SUMMARY:
The County spent approximately $278,000 of its CARES Act funds to create a Board Meeting
Room and facility that can produce publicly accessible meetings, even during times that require
social distancing. The County desires that all public entities utilize this room and related facility
to enhance citizen engagement and public transparency. The School Board cooperates in making
the Board Meeting Room and related facility available for County Business purposes. There is
considerably valuable equipment placed in the Board Meeting Room to enable remote meeting
participation and recordings. It is the intent of both the County and the School Board to create
opportunities to promote public service and information to County citizens using the Board
Meeting Room and related facility. For this Board’s review and consideration, a Board Meeting
Room Joint Use Agreement (“Joint Use Agreement”) detailing the joint use of the Board
Meeting Room and related facility by both the County and School Board is attached.
FINANCIAL SOURCE/FISCAL IMPACT:
None.
RECOMMENDATION:
County Staff recommends the Board approve the Joint Use Agreement as presented.
MOTION:
“I make a Motion to approve the Joint Use Agreement as presented.”
7.d
Packet Pg. 27
Page 1 of 4
JOINT USE AGREEMENT
This JOINT USE AGREEMENT (“Agreement”) is between the PITTSYLVANIA
COUNTY SCHOOL BOARD (“School Board”) and the PITTSYLVANIA COUNTY BOARD
OF SUPERVISORS (“County”) for use of the Board Meeting Room and related facility.
WHEREAS, the County spent approximately $278,000 of its CARES Act funds to create
a facility that can produce publicly accessible meetings, even during times that require social
distancing; and
WHEREAS, the County desires that all public entities utilize this room to enhance citizen
engagement and public transparency; and
WHEREAS, the School Board cooperates in making the Board Meeting Room and related
facility available for County Business purposes; and
WHEREAS, it is in the public interest and economical advantage to obtain maximum
benefits from investments of public expenditures; and
WHEREAS, there is considerably valuable equipment placed in the meeting room to
enable remote meeting participation and recordings; and
WHEREAS, it is the intent of all Parties to create opportunities to promote public service
and information to County citizens.
NOW, THEREFORE, BE IT RESOLVED, that this Agreement for the use of the Board
Meeting Room and related facility for County business and informational purposes, as published
herein, shall be the policy of the County and the School Board.
I. GENERAL INFORMATION:
A. In support of this Agreement, the School Board shall make available the Board
Meeting Room and related facility for County business administered by the County Administrator
and/or his designee.
B. All Parties to this Agreement understand that the Board Meeting Room was created
to provide a suitable space for County/School Board Meetings to be held while providing utmost
transparency and information for County citizens.
C. This Agreement may not be modified, nor may compliance with any of its terms be
waived, except by written instrument executed and approved in the same manner as this
Agreement.
7.d.a
Packet Pg. 28 Attachment: JOINT USE AGREEMENT (2393 : Board Meeting Room Joint Use Agreement (Staff Contact: Kaylyn M. McCluster))
Page 2 of 4
II. SCHEDULING OF MEETINGS:
A. GENERAL:
1. The foremost priority for use of the Board Meeting Room is assigned to the
Pittsylvania County Board of Supervisors, their appointed Boards or Commissions, and the School
Board for its regular meeting use.
2. The second priority for the use of the Board Meeting Room is assigned to
secondary meetings involving County/School Board matters. Both the County and the Schools
shall be recognized as the scheduling authority for the Board Meeting Room and shall have a
designee from each to handle scheduling matters.
3. When space is available at times that do not interfere with the priorities
listed above, the County or the School Board may schedule special meetings and trainings for the
Board Meeting Room and related facility.
4. When there are meetings/trainings scheduled for the Board Meeting Room,
the occupant assumes the responsibility for planning, promoting, scheduling, coordinating,
supervising, and executing the activity. This includes set up, running of equipment, and tidying
up after the meeting.
5. The Board of Supervisors, or their designees, shall always have unrestricted
access to the Board Meeting Room and related facility.
6. There will be no use associated with the Board Meeting Room other than
for official School Board or County Business. A list of approved users shall be provided to each
Party.
B. SCHEDULING INSTRUCTIONS:
There will be an online scheduling platform, Skedda, that will be used by both County
Administration and the School Board Staff to view/schedule meetings. All Parties will be able to
view the schedule, but only designees of County Administration and the School Board will have
access to add/delete meetings on the schedule. Requests for meetings shall be submitted by email
for use of the Board Meeting Room to the appropriate designee.
1. If a County Meeting must be canceled and rescheduled for reasons of
emergency, acts of God, or other reasons, the County Administrator shall be contacted
immediately.
2. The occupant shall be responsible for ensuring that the Board Meeting
Room and related facility are unlocked at the beginning of the meeting and locked at the
completion of the meeting.
7.d.a
Packet Pg. 29 Attachment: JOINT USE AGREEMENT (2393 : Board Meeting Room Joint Use Agreement (Staff Contact: Kaylyn M. McCluster))
Page 3 of 4
III. MAINTENANCE/CLEANING OF THE BOARD MEETING ROOM;
EQUIPMENT USE AND OWNERSHIP:
A. The Parties to this Agreement concur that the Board Meeting Room and related
facility shall be maintained by the School Board. The Schools shall also be responsible for the
general cleaning of the School Board Room and facility. However, the Parties to this Agreement
concur that there could be maintenance requirements due to general use, vandalism, etc. and will
work to reach a mutual agreement to address repairs as needed.
B. Both entities, and their designees, shall have keys to Board Meeting Room and
facility. A list of key holders shall be provided to both Parties.
C. The School Board shall own and maintain the IT/AV equipment in the Board
Meeting Room.
D. All Parties agree that only trained County and School Board Staff shall operate the
IT/AV equipment in the Board Meeting Room.
IV. GOVERNING LAW, VENUE, MEDIATION, AND LEGAL FEES/COSTS:
A. GOVERNING LAW: This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
B. VENUE: If legal action by either party is necessary for or with respect to the
enforcement of any or all the terms and conditions hereof, then exclusive venue therefore shall lie
in Pittsylvania County, Virginia.
C. MEDIATION: Good faith mediation shall be a condition precedent to the filing of
any litigation in law or equity by either Party against the other Party relating to this Agreement.
Before the remedies provided for in this Section may be exercised by either Party, such Party shall
give written notice to the other Party that such Party believes that an event of default or impasse
under this Agreement may have occurred, specifying the circumstances constituting the event of
default or impasse in sufficient detail that the other Party will be fully advised of the nature of the
event of default or impasse. The responding Party shall prepare and serve a written response
thereto within ten (10) business days of receipt of such notice. A meeting shall be held within ten
(10) business days after the response between the Parties to attempt in good faith to negotiate a
resolution of the dispute.
1. If the Parties are unable to resolve the dispute through the above- process,
the Parties shall attempt to resolve the controversy by engaging a single mediator, experienced in
the subject matter, to mediate the dispute. The mediator shall be mutually selected by the Parties,
to the controversy and conduct mediation at a location to be agreed upon by the Parties or absent
agreement, by the mediator. Within two (2) business days of selection, the mediator shall be
furnished copies of the notice, this Agreement, response, and any other documents exchanged by
the Parties. If the Parties and the mediator are unable to settle the same within thirty (30) days
from selection, or such other time as the Parties agree, the mediator shall make a written
7.d.a
Packet Pg. 30 Attachment: JOINT USE AGREEMENT (2393 : Board Meeting Room Joint Use Agreement (Staff Contact: Kaylyn M. McCluster))
Page 4 of 4
recommendation as to the resolution of the dispute. Each Party, in its sole discretion, shall accept
or reject such recommendation in writing within ten (10) days. Should the Parties be unable to
agree upon a single mediator within five (5) business days of the written response of the responding
Party, the Parties jointly, shall agree upon the selection of a neutral third-party agreed upon by the
Parties, to appoint a mediator, experienced and knowledgeable in the matters which are the subject
of the dispute. The costs of the Mediator and the mediation shall be shared equally by the Parties
to the dispute.
2. Notwithstanding the preceding paragraphs, the Parties reserve the right to
file suit or pursue litigation. The Parties consent to selection of a mediator by any Court shall not
constitute consent to jurisdiction of such court or waiver of defenses as to venue or jurisdiction.
D. LEGAL FEES/COSTS: At all times under this Agreement, each Party shall be
responsible for its own legal fees and costs.
V. ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to
the subject matter and supersedes any prior negotiations, representations, agreements, and
understandings.
Witness the following signatures and seals:
Chairman, Pittsylvania County Board of Supervisors Date
Chairman, Pittsylvania County School Board Date
County Administrator Date
Superintendent, Pittsylvania County Schools Date
7.d.a
Packet Pg. 31 Attachment: JOINT USE AGREEMENT (2393 : Board Meeting Room Joint Use Agreement (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Budget Amendments and Grants Approval (Staff Contact: Kimberly G.
Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: March 16, 2021 Item Number: 7.e
Attachment(s):
Carrington Charitable Trust Grant
DRF-PR Grant
VDEM.FEMA Grant
Reviewed By:
SUMMARY:
The following Grants need to be considered for approval and appropriation to the FY2020-2021
County Budget:
(a) The Carrington Charitable Trust Grant: Attached is an award letter in the
amount of $5,000.00 received from the Carrington Charitable Trust. These funds
will be used to assist with expenses for the spay/neuter program of animals in the
County that are eligible for adoption from the Pet Center. This Grant needs to be
appropriated to the Grants Fund and requires no local match.
(b) Danville Regional Foundation (DRF)-Public Relations Grant: Attached is an
award letter in the amount of $5,000 from DRF. This Grant will be used to hire a
contractor to produce photos, videos, and drone footage of the County to be used
on the County’s website. This Grant needs to be appropriated to the Grants Fund
and requires no local match.
(c) VDEM/FEMA-Ringgold Rail Trail Grant: The County will be receiving funds
from both FEMA and VDEM to assist with the repair costs of the Ringgold Rail
Trail due to Hurricane Michael. The total Project amount is $3,028,121.48 as
outlined in the attached documents. The County will receive a total of
$2,271,091.11 from FEMA, which represents seventy-five percent (75%) of the
cost and $575,343.08 from VDEM, which represents nineteen percent (19%) of
the cost. The two (2) Grant amounts equal $2,846,434.19. The County will be
responsible for $181,687.29 of the cost, which represents 6% of the total. The
local share has already been budgeted in contingencies for FY2021 but will need
to be transferred to the VDEM/FEMA Grant in the Grants Fund.
FINANCIAL IMPACT AND FUNDING SOURCE:
7.e
Packet Pg. 32
Only the VDEM/FEMA requires a local share, which has already been included in the FY2021
County Budget.
RECOMMENDATION:
County Staff recommends the Board approve the Grants listed above and related Budget
Appropriations as presented.
MOTION:
“I make a Motion to approve the Grants and related appropriations as presented.”
7.e
Packet Pg. 33
7.e.a
Packet Pg. 34 Attachment: Carrington Charitable Trust Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.b
Packet Pg. 35 Attachment: DRF-PR Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.b
Packet Pg. 36 Attachment: DRF-PR Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 37 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 38 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 39 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 40 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 41 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 42 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 43 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 44 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
7.e.c
Packet Pg. 45 Attachment: VDEM.FEMA Grant (2397 : Budget Amendments and Grants Approval (Staff Contact: Kimberly G. Van Der Hyde))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: March 16, 2021 Item Number: 7.f
Attachment(s):
Reviewed By:
SUMMARY:
At each of the Board’s Business Meetings, the County’s Auditors recommend the Board review
payments made by the County as oversight of County Fund expenditures. Said Bill List is found
at the below link:
https://weblink.pittgov.net/WebLink/Browse.aspx?id=401080&dbid=0&repo=PittGovDocs
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the County’s 2021 February Bill List as presented.
MOTION:
“I make a Motion to approve the County’s 2021 February Bill List as presented.”
7.f
Packet Pg. 46
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: County Budget Calendar Approval (Staff Contact: Kimberly G. Van Der
Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: March 16, 2021 Item Number: 7.g
Attachment(s): PROPOSED BUDGET CALENDAR-2021-2022
Reviewed By:
SUMMARY:
For the Board’s review and consideration, attached is the Proposed Budget Calendar for FY
2021-2022.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve the Proposed Budget Calendar as presented.
MOTION:
“I make a Motion to approve the Proposed Budget Calendar as presented.”
7.g
Packet Pg. 47
PROPOSED BUDGET CALENDAR FY 2021-2022
Monday, November 30, 2020: •Submission of CIP Update by Departments
Thursday, December 31, 2020: •Department Requests deadline
Week of January 18, 2021: •Departmental Budget Reviews
Friday, January 29, 2021: •Review prior year revenues
Board Retreat •Discuss 2022 Budget Challenges/Strategies
Friday, March 12, 2021: •Submission of County Administrator’s
Recommended Budget
Tuesday, March 16, 2021-4:00 pm: • Budget approved for advertisement by the Finance
Finance Committee Meeting Committee/Board of Supervisors
•Potential meetings with Constitutional Officers/
Outside Agencies
Wednesday, March 24, 2021: •Budget will be advertised (pending approval and
date set by Finance Committee)
Thursday, April 1, 2021 – 7:00 pm: •Public Hearing on School Budget and Public
Special Meeting Hearing on full County Budget (budget cannot be
approved until 7 days after public hearing)
Thursday, April 8, 2021 – 7:00 pm: •Approval of the school budget and full county
Special Meeting budget at a special meeting of the Board of
Supervisors
7.g.a
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Rivermont Subdivision Vacation Approval (Staff Contact: Emily S.
Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: March 16, 2021 Item Number: 7.h
Attachment(s): 15.2-2271
Blessed Beyond Measures Plat
Reviewed By:
SUMMARY:
In 2020, Blessed Beyond Measures, LLC (“BBM”), acquired property located on Brookside
Road that had been previously subdivided, creating the Rivermont Subdivision (“Property”).
The Property was never developed and no individual lots were sold. BBM has requested to have
those subdivided lots vacated so that property lines can be redrawn to divide the Property into
two (2) lots. For the Board’s review, a new plat showing vacated lot lines and mergers is
attached. Said plat has been approved by Emily Ragsdale, Community Development Director,
pending vacation of the subdivision. Virginia Code § 15.2-2271, also attached, requires the
vacation to be approved by the local governing body where no lot within the subdivision has
been sold.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
As authorized by Virginia Code § 15.2-2271, County Staff recommends the Board approve the
Rivermont Subdivision Vacation as presented.
MOTION:
“I make a Motion to approve the Rivermont Subdivision Vacation as presented.”
7.h
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7.h.a
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7.h.b
Packet Pg. 51 Attachment: Blessed Beyond Measures Plat (2394 : Rivermont Subdivision Vacation Approval (Staff Contact: Emily S. Ragsdale))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Ison TROF LPA and Other Related Documents Approval (Staff Contact:
Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: March 16, 2021 Item Number: 7.i
Attachment(s): Ison TROF
Reviewed By:
SUMMARY
Ison Furniture Manufacturing, Inc. (“Ison”), announced plans to occupy an existing building at
the Brosville Industrial Park to expand its upholstered furniture manufacturing operations. For
the Board’s review and consideration, a Tobacco Regional Opportunity Fund (“TROF”) Grant
Local Performance Agreement (“LPA”) is attached.
FINANCIAL IMPACT AND FUNDING SOURCE
TROF incentives are paid after performance is met at no risk to the County.
RECOMMENDATION
County Economic Development Staff recommends the Board execute the attached Ison TROF
LPA as presented and authorize the County Administrator to execute any necessary related
documents.
MOTION:
“I make a Motion to execute the attached Ison TROF LPA as presented and authorize the County
Administrator to execute any necessary related documents.”
7.i
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1
TOBACCO REGION OPPORTUNITY FUND
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this 21st day of December,
2020 (the “Award Date”) by and among the COUNTY of PITTSYLVANIA, VIRGINIA (the
“Locality”), a political subdivision of the Commonwealth of Virginia (the “Commonwealth”),
ISON FURNITURE MANUFACTURING, INC. (the “Company”), a corporation authorized
to transact business in the Commonwealth whose Federal Employer Identification Number is 82-
4284564, and the TOBACCO REGION REVITALIZATION COMMISSION (the
“Commission”), a political subdivision of the Commonwealth.
WITNESSETH:
WHEREAS, the Virginia General Assembly created the Commission to, among other
things, stimulate the economic growth and development of tobacco-dependent communities in
the Southern and Southwest regions (the “Region”) of the Commonwealth of Virginia (the
“Commonwealth”); and
WHEREAS, the Commission awarded a grant in the amount of $86,500.00 to the Locality
for the benefit of the Company from the Tobacco Region Opportunity Fund (the “Grant”) for the
purpose of inducing the Company to undertake the Project (as defined herein); and
WHEREAS, the Commission has determined that the Project will benefit the Region and
is consistent with and in furtherance of the Commission’s public purposes; and
WHEREAS, the Company will purchase, equip, improve and operate a manufacturing
facility in the Locality (the “Facility”), thereby making a significant Capital Investment, and
creating and Maintaining a significant number of New Jobs, as such capitalized terms are
hereinafter defined; and
WHEREAS, the Locality will provide the Grant to or for the use of the Company,
provided that the Company promises to meet certain criteria relating to Capital Investment and
New Jobs; and
WHEREAS, the parties desire to set forth their understanding and agreement as to the
payout of the Grant, the obligations of the Company regarding Capital Investment and New Jobs,
and the repayment by the Company of all or part of the Grant under certain circumstances; and
WHEREAS, the purchase, equipping, improvement and operation of the Facility will
entail a capital expenditure by or on behalf of the Company of approximately $3,500,000.00 and
will further entail the creation and Maintenance of 150 New Jobs at the Facility; and
WHEREAS, the Commission has determined that the expenditure of the Grant to
stimulate the generation of additional tax revenue and economic activity in the Region constitutes
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a valid public purpose for the expenditure of public funds as outlined in Section 3.2-3100, et seq.
of the Code of Virginia of 1950, as amended, and is the animating purpose for the Grant:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
Section 1. Definitions.
For the purposes of this Agreement, the following terms shall have the following
definitions:
“Capital Investment” means a capital expenditure by or on behalf of the Company in
taxable real property, taxable tangible personal property, or both, at the Facility. The Capital
Investment must be in addition to any new investments the Company promised to make under
any other agreement with the Commission. The Capital Investment must be in addition to the
capital improvements at the Facility as of the Award Date.
“Earned Grant Funds” means the portion of the Grant that is due to the Company
pursuant to Section 6 of this Agreement.
“Maintain” means that the New Jobs will continue without interruption from the date of
creation through the Performance Date. Positions for the New Jobs will be treated as Maintained
during periods in which such positions are not filled due to (i) temporary reductions in the
Company’s employment levels (so long as there is active recruitment for open positions), (ii)
strikes, and (iii) other temporary work stoppages.
“Minimum Investment Target” means the Company’s obligation to make a Capital
Investment of at least $1 million.
“New Job” means new permanent full-time employment of an indefinite duration at the
Facility for which the standard fringe benefits are provided by the Company for the employee,
and for which the Company pays an average annual wage of at least $38,000.00. Average
annual wage means the average annual salary of full-time positions at the Facility determined
by dividing total payroll (of a type included in W-2 compensation) provided to full-time
positions at the Facility by the number of full-time positions at the Facility. Each New Job must
require a minimum of either (i) 35 hours of an employee’s time per week for the entire normal
year of the Company’s operations, which “normal year” must consist of at least 48 weeks, or (ii)
1,680 hours per year. Seasonal or temporary positions, positions created when a job function is
shifted from an existing location in the Commonwealth, and positions with construction
contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New
Jobs. Net new jobs in the Commonwealth for contractors or employees of contractors who
provide dedicated full-time service to the Company may count as New Jobs, even though the
Company is not directly paying the wages or providing the fringe benefits, if the other conditions
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set forth in this paragraph have been satisfied. The New Jobs must be in addition to any new
positions the Company promised to make under any other agreement with the Commission. The
New Jobs must also be in addition to the full-time jobs at the Facility as of the Award Date, as
evidenced by a recent filing with the Virginia Employment Commission.
“Performance Date” means the date that is the third anniversary of the Award Date. If
the Locality, in consultation with the Commission, deems that the Company is making good faith
and reasonable efforts to achieve the Targets, the Locality may request an extension of the
Performance Date by up to 12 months. Any extension of the Performance Date shall require the
prior written approval of the Commission’s Executive Director or his designee. Any further
extensions will require the approval of the Commission’s governing body. If the Performance
Date is extended, the Commission shall send written notice of the extension to the Company, and
the date to which the Performance Date has been extended shall be the “Performance Date” for
the purposes of this Agreement.
“Project” means the Company’s completion and operation of the Facility and satisfaction
of the Targets.
“Targets” means the Company’s obligations to make Capital Investments at the Facility
of at least $3,500,000.00 and to create and Maintain at least 150 New Jobs at the Facility, all as
of the Performance Date.
“Virginia Code” means the Code of Virginia of 1950, as amended.
Section 2. Targets.
(a) Targets: The Company will complete the Project, including making a Capital
Investment of at least $3,500,000.00, and creating and Maintaining at least 150 New Jobs at the
Facility, all as of the Performance Date.
Section 3. Disbursement of the Grant.
(a) Disbursement of the Grant in arrears: After the Performance Date, the
Commission will determine the extent to which the Company met or exceeded the Targets as of
the Performance Date and the amount of Earned Grant Funds that are due to the Company. Within
30 days thereafter, the Commission will pay to the Locality the Earned Grant Funds. Within 30
days thereafter, the Locality will pay to the Company, the Earned Grant Funds.
Section 4. Company Reporting.
(a) Award Date Report: Within 30 days of the Award Date, the Company shall provide
an Award Date Report in the form attached hereto as Attachment 1, a statement of (1) the value
of real property and other taxable assets owned by Company at the Facility as of the Award Date
(if any), which may be verified by the Locality’s Commissioner of Revenue and the Commission;
and (2) the number of employees of the Company working full-time at the Facility as of the Award
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Date, as reflected by the Company’s report to the Virginia Employment Commission for the
quarter ending most recently prior to the Award Date.
(b) Progress Reporting: The Company shall provide, at the Company’s expense, in the
form attached hereto as Attachment 2, detailed verification reasonably satisfactory to the
Locality and the Commission of the Company’s progress on achieving the Targets. Such progress
reports will be provided annually, starting on the first anniversary of the Award Date and covering
the period through the most recently completed quarter. Further, the Company shall provide such
progress reports at such other times as the Locality or the Commission may reasonably require.
If the Company wishes to count as Capital Investments the capital expenditures made on
its behalf by a lessor or a developer of the Facility, the Company is responsible for assembling
and distributing the documentation necessary to verify the capital expenditures made on behalf of
the Company.
If the Company wishes to count as New Jobs employees of contractors, to the extent
permitted in the definition of “New Jobs” in Section 1, the Company is responsible for assembling
and distributing the documentation necessary to verify such New Jobs, including whether such
jobs are net New Jobs in the Commonwealth.
(c) Final Report: The Company shall provide, at the Company’s expense, in the form
attached hereto as Attachment 3, detailed verification reasonably satisfactory to the Locality and
the Commission of the Company’s achievement of the Targets. The final report shall be filed
within 90 days after the Performance Date.
Section 5. Verification of Targets.
(a) Verification of Capital Investment: The Company hereby authorizes the
Locality, including the Locality’s Commissioner of the Revenue and Treasurer, to release to the
Commission the Company’s real estate tax, business personal property tax and machinery and
tools tax information. Such information shall be marked and considered confidential and
proprietary and shall be used by the Commission solely for verifying satisfaction of the Capital
Investment Target. If the Locality, the Commissioner of the Revenue, or the Treasurer should
require additional documentation or consents from the Company to access such information, the
Company shall promptly provide, at the Company’s expense, such additional documentation or
consents as the Locality or the Commission may request.
In addition to the verification data described above, in the sole discretion of the Locality
or the Commission, the Locality or the Commission, may each require the Company to provide
at its sole expense such other documentation, including invoices, or audits as may be required to
properly verify that the Company met or exceeded the Capital Investment Target.
(b) Verification of New Jobs and Wages: The Company must submit a copy of its
four most recent Employer’s Quarterly Tax Report (Form FC-20) with the Virginia Employment
Commission with each progress report and its final report. The forms shall be marked and
considered confidential and proprietary and shall be used by the Commission solely for verifying
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satisfaction of the New Jobs Target. The Company expressly grants its consent for the Virginia
Employment Commission to release all Company employment records of any kind in its
possession to the Commission.
The Company agrees that it will report to the Virginia Employment Commission with
respect to its employees at a facility-level, rather than at the company-level.
In addition to the verification data described above, in the sole discretion of the Locality
or the Commission, the Locality or the Commission, may each require the Company to provide
at its sole expense such other documentation or audits as may be required to properly verify that
the Company met or exceeded the New Jobs Target.
Section 6. Partial and Full Performance.
(a) If Minimum Investment Target is Not Met: The Company must satisfy the
Minimum Investment Target by the Performance Date in order to be eligible for any portion of
the Grant. If the Minimum Investment Target is not met by the Performance Date, the
Commission will not pay any portion of the Grant and this Agreement may be terminated as
provided in Section 9(f).
(b) Allocation of Grant Proceeds: The Grant is to be allocated as 50% for the
Company’s Capital Investment Target, and 50% for the Company’s New Jobs Target.
(c) If Minimum Investment Target is Met: The provisions of this subsection (c) apply
only if the Company has met the Minimum Investment Target.
If the Company has not met or exceeded both Targets at the Performance Date, the
Commission shall pay to the Locality that part of the Grant that is proportional to the Company’s
performance toward each Target (the “Earned Grant Funds”). For example, if as of the
Performance Date, the Company has attained only 75% of the Capital Investment Target and only
25% of the New Jobs Target, the Commission shall pay to the Locality 75% of the Grant proceeds
allocated to the Capital Investment Target, plus 25% of the Grant proceeds allocated to the New
Jobs Target.
(d) Full Performance: If the Commission determines that the Company has met or
exceeded both Targets at the Performance Date, the Commission shall pay to the Locality the full
amount of the Grant.
Section 7. Revenue Sharing.
Upon receipt of local tax revenue from the Company, the Locality will pay a portion of
such revenue to the Commission as provided in the Revenue Sharing Agreement attached to this
Agreement as Exhibit A.
Section 8. Notices.
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Formal notices and communications between the Parties shall be given either by (i)
personal service, (ii) delivery by a reputable document delivery service that provides a receipt
showing date and time of delivery, or (iii) mailing utilizing a certified or first class mail postage
prepaid service of the United States Postal Service that provides a receipt showing date and time
of delivery, addressed as noted below. Notices and communications personally delivered or
delivered by document delivery service shall be deemed effective upon receipt. Notices and
communications mailed shall be deemed effective on the second business day following deposit
in the United States mail. Such written notices and communications shall be addressed to:
if to the Company, to: with a copy to:
ISON FURNITURE
MANUFACTURING, INC.
801 Trinity Street
Thomasville, NC 27360
Attention: Mr. Phillip Ison,
President
Attention:
if to the Locality, to: with a copy to:
COUNTY OF____________
PITTSYLVANIA, VIRGINIA
P.O. Box 426
Chatham, VA 24531
Attention: David Smitherman,
County Administrator
Attention:
if to the Commission, to: with a copy to:
Tobacco Region Revitalization Commission
701 E. Franklin Street, Suite 501
Richmond, Virginia 23219
Attention: Executive Director
Office of the Attorney General
202 N. 9th Street
Richmond, Virginia 23219
Attention: Counsel to the Tobacco Region
Revitalization Commission
Section 9. Miscellaneous.
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement
among the parties hereto as to the Grant and may not be amended or modified, except in writing,
signed by each of the parties hereto. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. The Company may not
assign its rights and obligations under this Agreement without the prior written consent of the
Locality and the Commission.
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(b) Governing Law; Venue: This Agreement is made, and is intended to be performed,
in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth.
Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the
Circuit Court of the City of Richmond, and such litigation shall be brought only in such court,
unless the Commission’s Executive Director agrees otherwise.
(c) Counterparts and Electronic Signatures: This Agreement may be executed in one
or more counterparts, each of which shall be an original, and all of which together shall be one
and the same instrument. Facsimile signatures or signed copies sent by portable document format
(PDF) shall be deemed originals.
(d) Severability: If any provision of this Agreement is determined to be
unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining
provisions will not in any way be affected or impaired, and such provision will be deemed to be
restated to reflect the original intentions of the parties as nearly as possible in accordance with
applicable law.
(e) Attorney’s Fees: Attorney’s fees shall be paid by the party incurring such fees in
connection with litigation arising out of this Agreement, except that the Company and the Locality
(subject to receipt of necessary appropriations) shall be responsible for the Commission’s costs
of collection, including reasonable attorney’s fees.
(f) Termination and Survival: The Commission, after consultation with the Locality, may
terminate this Agreement by written notice to all parties in the event that the Company fails (1)
to meet the Minimum Investment Target by the Performance Date; (2) to meet its reporting
requirements; or (3) to make good faith and reasonable efforts to achieve the Targets prior to the
Performance Date. Prior to such termination, the Commission shall provide written notice to the
parties of the deficiency. The Locality shall allow the Company 10 business days from the date
of such notice by which the Company may cure the deficiency and thereby avoid termination of
this Agreement. In the event of such termination, the Revenue Sharing Agreement between the
Locality and the Commission shall remain in effect until the Commission satisfies the repayment
obligations to the Locality as provided therein. In the event this Agreement is terminated by the
Locality the Company shall not receive any portion of the Grant.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this Performance
Agreement as of the date first written above.
COUNTY OF PITTSYLVANIA, VIRGINIA
By
Name:
Title:
Date: _________________________
ISON FURNITURE
MANUFACTURING, INC.
By
Name:
Title:
Date: _________________________
TOBACCO REGION
REVITALIZATION COMMISSION
By
Name: Evan Feinman
Title: Executive Director
Date: _________________________
Attachment 1: Award Date Report Form
Attachment 2: Annual Progress Report Form
Attachment 3: Final Report Form
Exhibit A: Revenue Sharing Agreement
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Attachment 1
Page 1 of 1
AWARD DATE REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Award Date
Performance Date
Jobs as of Award Date Number
Employees of Company working full time at the Facility as of the
Award Date (attach latest VEC Form FC-20)
Taxable Assets Owned by Company as of Award Date Value
Land associated with the Facility $
Land Improvements $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company Name:
Submitted By:________________________________________________
Signature:
Print Name:
Title: Date:
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Attachment 2
Page 1 of 2
ANNUAL PROGRESS REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Performance Reporting Period
Performance Date
PROJECT PERFORMANCE:
Performance Measurement Target As of _______ % Complete
New Jobs (over ___ baseline)1
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Capital Investment (provide
breakdown below)2
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Average Annual Wage N/A
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Standard Fringe Benefits
(check one)
Yes
☐
No
☐
N/A
1Data will be verified using Virginia Employment Commission records.
2Data will be verified with locality records.
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Attachment 2
Page 2 of 2
Capital Investment Breakdown Amount
Land $
Land Improvements $
New Construction or Expansion $
Renovation or Building Upfit $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
COMMENTS:
Discuss project status, including the current level of new jobs and capital investment, progress
on targets, changes or likely changes in project’s nature that may impact achievement of targets,
and other information relevant to project performance. If the project is not on track to meet
targets, please provide an explanation.
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company:
Submitted By: Signature of Official
Name: Print Name
Title:
Date: _________________________
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Attachment 3
Page 1 of 2
FINAL REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Performance Date
PROJECT PERFORMANCE:
Performance Measurement Target As of _______ % Complete
New Jobs (over baseline)1
Capital Investment (provide
breakdown below)2
Average Annual Wage N/A
Standard Fringe Benefits
Capital Investment Breakdown Amount
Land $
Land Improvements $
New Construction or Expansion $
Renovation or Building Upfit $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
1Data will be verified using Virginia Employment Commission records.
2Data will be verified with locality records.
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Attachment 3
Page 2 of 2
COMMENTS:
[Discuss Project status or the importance of the Project to the locality and region.]
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company:
Submitted By:
Signature of Official
Name:
Print Name
Title:
Date: _________________________
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Exhibit A
Revenue Sharing Agreement
This REVENUE SHARING AGREEMENT (“Agreement”) made and entered into this
the 21st day of December, 2020 (“Effective Date”) by and between the COUNTY OF
PITTSYLVANIA, VIRGINIA (the “Locality”), a political subdivision of the Commonwealth
and the TOBACCO REGION REVITALIZATION COMMISSION, a body corporate and
political subdivision of the Commonwealth of Virginia (the “Commission”).
WITNESSETH:
WHEREAS, the parties entered into the Performance Agreement dated as of December
21, 2020 (“Performance Agreement”) to which this Agreement is attached pursuant to which the
Commission will make a Grant to the Locality that the Locality will use to induce the Company
to undertake the Project, thereby making a Capital Investment and creating New Jobs in the
Locality; and
WHEREAS, if the Project is completed, the Locality will realize additional Local Tax
Revenue and desires to share a portion of that Local Tax Revenue with the Commission:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
1. Definitions: Capitalized terms used but not defined in this Agreement have the same
definitions as set forth in the Performance Agreement.
“Local Taxes” means the tax payments the Locality receives from the Company as a result
of local assessments (including any entities owned by, affiliated with, or under common control
with the Company) pursuant to Title 58.1, Subtitle III of the Code of Virginia, including, but
limited to, real property taxes, business, professional and occupational license taxes, machinery
and tools taxes, and tangible personal property taxes.
“New Tax Revenue” means the sum of Local Taxes generated in connection with or
attributable to the Project that the Company pays to the Locality, directly or indirectly. If the
Project involves the expansion of the Facility or the Company’s operations in the Locality, the
New Tax Revenue for a given tax year is the amount of Local Taxes the Company paid in excess
of the amount of Local Taxes the Company paid for the tax year immediately preceding the date
of the Performance Agreement. (For example, if the Performance Agreement is dated 2020, the
Company paid $50,000 of Local Taxes in 2019, and the Company paid $75,000 of Local Taxes
in 2021, the New Tax Revenue for 2021 would be $25,000.)
2. Revenue Sharing: Starting with the first tax year that begins after the Award Date of the
Performance Agreement, the Locality will pay to the Commission an amount equal to 5% of the
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New Tax Revenue (“Revenue Sharing Payments”). The Locality will make Revenue Sharing
Payments within 45 days after the Locality receives Company’s payment of its Local Taxes.
3. Payment Period: The Locality will continue to pay Revenue Sharing Payments to the
Commission until the total amount of Revenue Sharing Payments the Locality has paid to the
Commission equals 105% of the Earned Grant Funds.
The Locality’s obligation to pay Revenue Sharing Payments is contingent upon its receipt
of tax payments from the Company and is subject to the Locality’s receipt of appropriations
sufficient to make such payments. The Locality’s chief executive officer agrees to use his or her
best efforts to secure the necessary appropriations.
4. Commission Reimbursement to Locality: In the event Company does not meet its
Targets in full, the Commission shall reimburse to the Locality within 120 days of the
Performance Date, as defined in the Performance Agreement and as applicable, the amount of
Revenue Sharing Payments received by the Commission from the Locality that exceed 105% of
Earned Grant Funds.
5. Incorporation by Reference: Sections 8 (Notices) and 9 (Miscellaneous) of the
Performance Agreement are hereby incorporated by reference into this Agreement.
TOBACCO REGION
REVITALIZATION COMMISSION
By:_______________________________
Evan Feinman, Executive Director
Date:______________________________
COUNTY OF PITTSYLVANIA,
VIRGINIA
By:________________________________
Title:______________________________
Date:______________________________
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Dogwood Global TROF LPA and Other Related Documents Approval
(Staff Contact: Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: March 16, 2021 Item Number: 7.j
Attachment(s): Dogwood Global TROF
Reviewed By:
SUMMARY
Dogwood Global announced plans to occupy an existing building at the Brosville Industrial Park
to expand its furniture manufacturing operations. For Board’s review and consideration, a
Tobacco Regional Opportunity Fund (“TROF”) Grant Local Performance Agreement (“LPA”) is
attached.
FINANCIAL IMPACT AND FUNDING SOURCE
TROF incentives are paid after performance is met at no risk to the County.
RECOMMENDATION
County Economic Development Staff recommends the Board execute the attached Dogwood
Global TROF LPA as presented and authorize the County Administrator to execute any
necessary related documents.
MOTION:
“I make a Motion to execute the attached Dogwood Global TROF LPA as presented and
authorize the County Administrator to execute any necessary related documents.”
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TOBACCO REGION OPPORTUNITY FUND
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this 21st day of December,
2020 (the “Award Date”) by and among the COUNTY of PITTSYLVANIA, VIRGINIA (the
“Locality”), a political subdivision of the Commonwealth of Virginia (the “Commonwealth”),
DOGWOOD GLOBAL, LLC. (the “Company”), a limited liability corporation authorized to
transact business in the Commonwealth whose Federal Employer Identification Number is
___________, and the TOBACCO REGION REVITALIZATION COMMISSION (the
“Commission”), a political subdivision of the Commonwealth.
WITNESSETH:
WHEREAS, the Virginia General Assembly created the Commission to, among other
things, stimulate the economic growth and development of tobacco-dependent communities in
the Southern and Southwest regions (the “Region”) of the Commonwealth of Virginia (the
“Commonwealth”); and
WHEREAS, the Commission awarded a grant in the amount of $23,500.00 to the Locality
for the benefit of the Company from the Tobacco Region Opportunity Fund (the “Grant”) for the
purpose of inducing the Company to undertake the Project (as defined herein); and
WHEREAS, the Commission has determined that the Project will benefit the Region and
is consistent with and in furtherance of the Commission’s public purposes; and
WHEREAS, the Company will purchase, equip, improve and operate a manufacturing
facility in the Locality (the “Facility”), thereby making a significant Capital Investment, and
creating and Maintaining a significant number of New Jobs, as such capitalized terms are
hereinafter defined; and
WHEREAS, the Locality will provide the Grant to or for the use of the Company,
provided that the Company promises to meet certain criteria relating to Capital Investment and
New Jobs; and
WHEREAS, the parties desire to set forth their understanding and agreement as to the
payout of the Grant, the obligations of the Company regarding Capital Investment and New Jobs,
and the repayment by the Company of all or part of the Grant under certain circumstances; and
WHEREAS, the purchase, equipping, improvement and operation of the Facility will
entail a capital expenditure by or on behalf of the Company of approximately $500,000.00 and
will further entail the creation and Maintenance of 45 New Jobs at the Facility; and
WHEREAS, the Commission has determined that the expenditure of the Grant to
stimulate the generation of additional tax revenue and economic activity in the Region constitutes
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a valid public purpose for the expenditure of public funds as outlined in Section 3.2-3100, et seq.
of the Code of Virginia of 1950, as amended, and is the animating purpose for the Grant:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
Section 1. Definitions.
For the purposes of this Agreement, the following terms shall have the following
definitions:
“Capital Investment” means a capital expenditure by or on behalf of the Company in
taxable real property, taxable tangible personal property, or both, at the Facility. The Capital
Investment must be in addition to any new investments the Company promised to make under
any other agreement with the Commission. The Capital Investment must be in addition to the
capital improvements at the Facility as of the Award Date.
“Earned Grant Funds” means the portion of the Grant that is due to the Company
pursuant to Section 6 of this Agreement.
“Maintain” means that the New Jobs will continue without interruption from the date of
creation through the Performance Date. Positions for the New Jobs will be treated as Maintained
during periods in which such positions are not filled due to (i) temporary reductions in the
Company’s employment levels (so long as there is active recruitment for open positions), (ii)
strikes, and (iii) other temporary work stoppages.
“Minimum Investment Target” means the Company’s obligation to make a Capital
Investment of at least $250,000.00.
“New Job” means new permanent full-time employment of an indefinite duration at the
Facility for which the standard fringe benefits are provided by the Company for the employee,
and for which the Company pays an average annual wage of at least $38,000.00. Average
annual wage means the average annual salary of full-time positions at the Facility determined
by dividing total payroll (of a type included in W-2 compensation) provided to full-time
positions at the Facility by the number of full-time positions at the Facility. Each New Job must
require a minimum of either (i) 35 hours of an employee’s time per week for the entire normal
year of the Company’s operations, which “normal year” must consist of at least 48 weeks, or (ii)
1,680 hours per year. Seasonal or temporary positions, positions created when a job function is
shifted from an existing location in the Commonwealth, and positions with construction
contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New
Jobs. Net new jobs in the Commonwealth for contractors or employees of contractors who
provide dedicated full-time service to the Company may count as New Jobs, even though the
Company is not directly paying the wages or providing the fringe benefits, if the other conditions
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set forth in this paragraph have been satisfied. The New Jobs must be in addition to any new
positions the Company promised to make under any other agreement with the Commission. The
New Jobs must also be in addition to the full-time jobs at the Facility as of the Award Date, as
evidenced by a recent filing with the Virginia Employment Commission.
“Performance Date” means the date that is the third anniversary of the Award Date. If
the Locality, in consultation with the Commission, deems that the Company is making good faith
and reasonable efforts to achieve the Targets, the Locality may request an extension of the
Performance Date by up to 12 months. Any extension of the Performance Date shall require the
prior written approval of the Commission’s Executive Director or his designee. Any further
extensions will require the approval of the Commission’s governing body. If the Performance
Date is extended, the Commission shall send written notice of the extension to the Company, and
the date to which the Performance Date has been extended shall be the “Performance Date” for
the purposes of this Agreement.
“Project” means the Company’s completion and operation of the Facility and satisfaction
of the Targets.
“Targets” means the Company’s obligations to make Capital Investments at the Facility
of at least $500,000.00 and to create and Maintain at least 45 New Jobs at the Facility, all as of
the Performance Date.
“Virginia Code” means the Code of Virginia of 1950, as amended.
Section 2. Targets.
(a) Targets: The Company will complete the Project, including making a Capital
Investment of at least $500,000.00, and creating and Maintaining at least 45 New Jobs at the
Facility, all as of the Performance Date.
Section 3. Disbursement of the Grant.
(a) Disbursement of the Grant in arrears: After the Performance Date, the
Commission will determine the extent to which the Company met or exceeded the Targets as of
the Performance Date and the amount of Earned Grant Funds that are due to the Company. Within
30 days thereafter, the Commission will pay to the Locality the Earned Grant Funds. Within 30
days thereafter, the Locality will pay to the Company, the Earned Grant Funds.
Section 4. Company Reporting.
(a) Award Date Report: Within 30 days of the Award Date, the Company shall provide
an Award Date Report in the form attached hereto as Attachment 1, a statement of (1) the value
of real property and other taxable assets owned by Company at the Facility as of the Award Date
(if any), which may be verified by the Locality’s Commissioner of Revenue and the Commission;
and (2) the number of employees of the Company working full-time at the Facility as of the Award
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Date, as reflected by the Company’s report to the Virginia Employment Commission for the
quarter ending most recently prior to the Award Date.
(b) Progress Reporting: The Company shall provide, at the Company’s expense, in the
form attached hereto as Attachment 2, detailed verification reasonably satisfactory to the
Locality and the Commission of the Company’s progress on achieving the Targets. Such progress
reports will be provided annually, starting on the first anniversary of the Award Date and covering
the period through the most recently completed quarter. Further, the Company shall provide such
progress reports at such other times as the Locality or the Commission may reasonably require.
If the Company wishes to count as Capital Investments the capital expenditures made on
its behalf by a lessor or a developer of the Facility, the Company is responsible for assembling
and distributing the documentation necessary to verify the capital expenditures made on behalf of
the Company.
If the Company wishes to count as New Jobs employees of contractors, to the extent
permitted in the definition of “New Jobs” in Section 1, the Company is responsible for assembling
and distributing the documentation necessary to verify such New Jobs, including whether such
jobs are net New Jobs in the Commonwealth.
(c) Final Report: The Company shall provide, at the Company’s expense, in the form
attached hereto as Attachment 3, detailed verification reasonably satisfactory to the Locality and
the Commission of the Company’s achievement of the Targets. The final report shall be filed
within 90 days after the Performance Date.
Section 5. Verification of Targets.
(a) Verification of Capital Investment: The Company hereby authorizes the
Locality, including the Locality’s Commissioner of the Revenue and Treasurer, to release to the
Commission the Company’s real estate tax, business personal property tax and machinery and
tools tax information. Such information shall be marked and considered confidential and
proprietary and shall be used by the Commission solely for verifying satisfaction of the Capital
Investment Target. If the Locality, the Commissioner of the Revenue, or the Treasurer should
require additional documentation or consents from the Company to access such information, the
Company shall promptly provide, at the Company’s expense, such additional documentation or
consents as the Locality or the Commission may request.
In addition to the verification data described above, in the sole discretion of the Locality
or the Commission, the Locality or the Commission, may each require the Company to provide
at its sole expense such other documentation, including invoices, or audits as may be required to
properly verify that the Company met or exceeded the Capital Investment Target.
(b) Verification of New Jobs and Wages: The Company must submit a copy of its
four most recent Employer’s Quarterly Tax Report (Form FC-20) with the Virginia Employment
Commission with each progress report and its final report. The forms shall be marked and
considered confidential and proprietary and shall be used by the Commission solely for verifying
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satisfaction of the New Jobs Target. The Company expressly grants its consent for the Virginia
Employment Commission to release all Company employment records of any kind in its
possession to the Commission.
The Company agrees that it will report to the Virginia Employment Commission with
respect to its employees at a facility-level, rather than at the company-level.
In addition to the verification data described above, in the sole discretion of the Locality
or the Commission, the Locality or the Commission, may each require the Company to provide
at its sole expense such other documentation or audits as may be required to properly verify that
the Company met or exceeded the New Jobs Target.
Section 6. Partial and Full Performance.
(a) If Minimum Investment Target is Not Met: The Company must satisfy the
Minimum Investment Target by the Performance Date in order to be eligible for any portion of
the Grant. If the Minimum Investment Target is not met by the Performance Date, the
Commission will not pay any portion of the Grant and this Agreement may be terminated as
provided in Section 9(f).
(b) Allocation of Grant Proceeds: The Grant is to be allocated as 50% for the
Company’s Capital Investment Target, and 50% for the Company’s New Jobs Target.
(c) If Minimum Investment Target is Met: The provisions of this subsection (c) apply
only if the Company has met the Minimum Investment Target.
If the Company has not met or exceeded both Targets at the Performance Date, the
Commission shall pay to the Locality that part of the Grant that is proportional to the Company’s
performance toward each Target (the “Earned Grant Funds”). For example, if as of the
Performance Date, the Company has attained only 75% of the Capital Investment Target and only
25% of the New Jobs Target, the Commission shall pay to the Locality 75% of the Grant proceeds
allocated to the Capital Investment Target, plus 25% of the Grant proceeds allocated to the New
Jobs Target.
(d) Full Performance: If the Commission determines that the Company has met or
exceeded both Targets at the Performance Date, the Commission shall pay to the Locality the full
amount of the Grant.
Section 7. Revenue Sharing.
Upon receipt of local tax revenue from the Company, the Locality will pay a portion of
such revenue to the Commission as provided in the Revenue Sharing Agreement attached to this
Agreement as Exhibit A.
Section 8. Notices.
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Formal notices and communications between the Parties shall be given either by (i)
personal service, (ii) delivery by a reputable document delivery service that provides a receipt
showing date and time of delivery, or (iii) mailing utilizing a certified or first class mail postage
prepaid service of the United States Postal Service that provides a receipt showing date and time
of delivery, addressed as noted below. Notices and communications personally delivered or
delivered by document delivery service shall be deemed effective upon receipt. Notices and
communications mailed shall be deemed effective on the second business day following deposit
in the United States mail. Such written notices and communications shall be addressed to:
if to the Company, to: with a copy to:
DOGWOOD GLOBAL, LLC.
176 Mine Lake Ct., Suite 100
Raleigh, NC 27615____
Attention: Mr. Joseph Radic,
President
Attention:
if to the Locality, to: with a copy to:
COUNTY OF____________
PITTSYLVANIA, VIRGINIA
P.O. Box 426
Chatham, VA 24531
Attention: David Smitherman,
County Administrator
Attention:
if to the Commission, to: with a copy to:
Tobacco Region Revitalization Commission
701 E. Franklin Street, Suite 501
Richmond, Virginia 23219
Attention: Executive Director
Office of the Attorney General
202 N. 9th Street
Richmond, Virginia 23219
Attention: Counsel to the Tobacco Region
Revitalization Commission
Section 9. Miscellaneous.
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement
among the parties hereto as to the Grant and may not be amended or modified, except in writing,
signed by each of the parties hereto. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. The Company may not
assign its rights and obligations under this Agreement without the prior written consent of the
Locality and the Commission.
(b) Governing Law; Venue: This Agreement is made, and is intended to be performed,
in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth.
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Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the
Circuit Court of the City of Richmond, and such litigation shall be brought only in such court,
unless the Commission’s Executive Director agrees otherwise.
(c) Counterparts and Electronic Signatures: This Agreement may be executed in one
or more counterparts, each of which shall be an original, and all of which together shall be one
and the same instrument. Facsimile signatures or signed copies sent by portable document format
(PDF) shall be deemed originals.
(d) Severability: If any provision of this Agreement is determined to be
unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining
provisions will not in any way be affected or impaired, and such provision will be deemed to be
restated to reflect the original intentions of the parties as nearly as possible in accordance with
applicable law.
(e) Attorney’s Fees: Attorney’s fees shall be paid by the party incurring such fees in
connection with litigation arising out of this Agreement, except that the Company and the Locality
(subject to receipt of necessary appropriations) shall be responsible for the Commission’s costs
of collection, including reasonable attorney’s fees.
(f) Termination and Survival: The Commission, after consultation with the Locality, may
terminate this Agreement by written notice to all parties in the event that the Company fails (1)
to meet the Minimum Investment Target by the Performance Date; (2) to meet its reporting
requirements; or (3) to make good faith and reasonable efforts to achieve the Targets prior to the
Performance Date. Prior to such termination, the Commission shall provide written notice to the
parties of the deficiency. The Locality shall allow the Company 10 business days from the date
of such notice by which the Company may cure the deficiency and thereby avoid termination of
this Agreement. In the event of such termination, the Revenue Sharing Agreement between the
Locality and the Commission shall remain in effect until the Commission satisfies the repayment
obligations to the Locality as provided therein. In the event this Agreement is terminated by the
Locality the Company shall not receive any portion of the Grant.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this Performance
Agreement as of the date first written above.
COUNTY OF PITTSYLVANIA, VIRGINIA
By
Name:
Title:
Date: _________________________
DOGWOOD GLOBAL, LLC.
By
Name:
Title:
Date: _________________________
TOBACCO REGION
REVITALIZATION COMMISSION
By
Name: Evan Feinman
Title: Executive Director
Date: _________________________
Attachment 1: Award Date Report Form
Attachment 2: Annual Progress Report Form
Attachment 3: Final Report Form
Exhibit A: Revenue Sharing Agreement
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Attachment 1
Page 1 of 1
AWARD DATE REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Award Date
Performance Date
Jobs as of Award Date Number
Employees of Company working full time at the Facility as of the
Award Date (attach latest VEC Form FC-20)
Taxable Assets Owned by Company as of Award Date Value
Land associated with the Facility $
Land Improvements $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company Name:
Submitted By:________________________________________________
Signature:
Print Name:
Title: Date:
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Attachment 2
Page 1 of 2
ANNUAL PROGRESS REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Performance Reporting Period
Performance Date
PROJECT PERFORMANCE:
Performance Measurement Target As of _______ % Complete
New Jobs (over ___ baseline)1
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Capital Investment (provide
breakdown below)2
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Average Annual Wage N/A
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Standard Fringe Benefits
(check one)
Yes
☐
No
☐
N/A
1Data will be verified using Virginia Employment Commission records.
2Data will be verified with locality records.
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Attachment 2
Page 2 of 2
Capital Investment Breakdown Amount
Land $
Land Improvements $
New Construction or Expansion $
Renovation or Building Upfit $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
COMMENTS:
Discuss project status, including the current level of new jobs and capital investment, progress
on targets, changes or likely changes in project’s nature that may impact achievement of targets,
and other information relevant to project performance. If the project is not on track to meet
targets, please provide an explanation.
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company:
Submitted By: Signature of Official
Name: Print Name
Title:
Date: _________________________
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Attachment 3
Page 1 of 2
FINAL REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Performance Date
PROJECT PERFORMANCE:
Performance Measurement Target As of _______ % Complete
New Jobs (over baseline)1
Capital Investment (provide
breakdown below)2
Average Annual Wage N/A
Standard Fringe Benefits
Capital Investment Breakdown Amount
Land $
Land Improvements $
New Construction or Expansion $
Renovation or Building Upfit $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
1Data will be verified using Virginia Employment Commission records.
2Data will be verified with locality records.
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Attachment 3
Page 2 of 2
COMMENTS:
[Discuss Project status or the importance of the Project to the locality and region.]
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company:
Submitted By:
Signature of Official
Name:
Print Name
Title:
Date: _________________________
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Exhibit A
Revenue Sharing Agreement
This REVENUE SHARING AGREEMENT (“Agreement”) made and entered into this
the 21st day of December, 2020 (“Effective Date”) by and between the COUNTY OF
PITTSYLVANIA, VIRGINIA (the “Locality”), a political subdivision of the Commonwealth
and the TOBACCO REGION REVITALIZATION COMMISSION, a body corporate and
political subdivision of the Commonwealth of Virginia (the “Commission”).
WITNESSETH:
WHEREAS, the parties entered into the Performance Agreement dated as of December
21, 2020 (“Performance Agreement”) to which this Agreement is attached pursuant to which the
Commission will make a Grant to the Locality that the Locality will use to induce the Company
to undertake the Project, thereby making a Capital Investment and creating New Jobs in the
Locality; and
WHEREAS, if the Project is completed, the Locality will realize additional Local Tax
Revenue and desires to share a portion of that Local Tax Revenue with the Commission:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
1. Definitions: Capitalized terms used but not defined in this Agreement have the same
definitions as set forth in the Performance Agreement.
“Local Taxes” means the tax payments the Locality receives from the Company as a result
of local assessments (including any entities owned by, affiliated with, or under common control
with the Company) pursuant to Title 58.1, Subtitle III of the Code of Virginia, including, but
limited to, real property taxes, business, professional and occupational license taxes, machinery
and tools taxes, and tangible personal property taxes.
“New Tax Revenue” means the sum of Local Taxes generated in connection with or
attributable to the Project that the Company pays to the Locality, directly or indirectly. If the
Project involves the expansion of the Facility or the Company’s operations in the Locality, the
New Tax Revenue for a given tax year is the amount of Local Taxes the Company paid in excess
of the amount of Local Taxes the Company paid for the tax year immediately preceding the date
of the Performance Agreement. (For example, if the Performance Agreement is dated 2020, the
Company paid $50,000 of Local Taxes in 2019, and the Company paid $75,000 of Local Taxes
in 2021, the New Tax Revenue for 2021 would be $25,000.)
2. Revenue Sharing: Starting with the first tax year that begins after the Award Date of the
Performance Agreement, the Locality will pay to the Commission an amount equal to 5% of the
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New Tax Revenue (“Revenue Sharing Payments”). The Locality will make Revenue Sharing
Payments within 45 days after the Locality receives Company’s payment of its Local Taxes.
3. Payment Period: The Locality will continue to pay Revenue Sharing Payments to the
Commission until the total amount of Revenue Sharing Payments the Locality has paid to the
Commission equals 105% of the Earned Grant Funds.
The Locality’s obligation to pay Revenue Sharing Payments is contingent upon its receipt
of tax payments from the Company and is subject to the Locality’s receipt of appropriations
sufficient to make such payments. The Locality’s chief executive officer agrees to use his or her
best efforts to secure the necessary appropriations.
4. Commission Reimbursement to Locality: In the event Company does not meet its
Targets in full, the Commission shall reimburse to the Locality within 120 days of the
Performance Date, as defined in the Performance Agreement and as applicable, the amount of
Revenue Sharing Payments received by the Commission from the Locality that exceed 105% of
Earned Grant Funds.
5. Incorporation by Reference: Sections 8 (Notices) and 9 (Miscellaneous) of the
Performance Agreement are hereby incorporated by reference into this Agreement.
TOBACCO REGION
REVITALIZATION COMMISSION
By:_______________________________
Evan Feinman, Executive Director
Date:______________________________
COUNTY OF PITTSYLVANIA,
VIRGINIA
By:________________________________
Title:______________________________
Date:______________________________
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: IPG TROF LPA and Other Related Documents Approval (Staff Contact:
Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: March 16, 2021 Item Number: 7.k
Attachment(s): IPG TROF Grant - Impala
Reviewed By:
SUMMARY
Intertape Polymer Group (“IPG”) announced plans to expand its Ringgold manufacturing
operations. For the Board’s review and consideration, a Tobacco Regional Opportunity Fund
(“TROF”) Grant Local Performance Agreement (“LPA”) is attached.
FINANCIAL IMPACT AND FUNDING SOURCE
TROF incentives are paid after performance is met at no risk to the County.
RECOMMENDATION
County Economic Development Staff recommends the Board execute the attached IPG TROF
LPA as presented and authorize the County Administrator to execute any necessary related
documents.
MOTION:
“I make a Motion to execute the attached IPG TROF LPA as presented and authorize the County
Administrator to execute any necessary related documents.”
7.k
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1
TOBACCO REGION OPPORTUNITY FUND
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this 21st day of December,
2020 (the “Award Date”) by and among the COUNTY of PITTSYLVANIA, VIRGINIA (the
“Locality”), a political subdivision of the Commonwealth of Virginia (the “Commonwealth”),
INTERTAPE POLYMER, CORP. (the “Company”), a corporation authorized to transact
business in the Commonwealth whose Federal Employer Identification Number is 57-1088158,
and the TOBACCO REGION REVITALIZATION COMMISSION (the “Commission”), a
political subdivision of the Commonwealth.
WITNESSETH:
WHEREAS, the Virginia General Assembly created the Commission to, among other
things, stimulate the economic growth and development of tobacco-dependent communities in
the Southern and Southwest regions (the “Region”) of the Commonwealth of Virginia (the
“Commonwealth”); and
WHEREAS, the Commission awarded a grant in the amount of $276,500.00 to the
Locality for the benefit of the Company from the Tobacco Region Opportunity Fund (the “Grant”)
for the purpose of inducing the Company to undertake the Project (as defined herein); and
WHEREAS, the Commission has determined that the Project will benefit the Region and
is consistent with and in furtherance of the Commission’s public purposes; and
WHEREAS, the Company will purchase, equip, improve and operate a manufacturing
facility in the Locality (the “Facility”), thereby making a significant Capital Investment, and
creating and Maintaining a significant number of New Jobs, as such capitalized terms are
hereinafter defined; and
WHEREAS, the Locality will provide the Grant to or for the use of the Company,
provided that the Company promises to meet certain criteria relating to Capital Investment and
New Jobs; and
WHEREAS, the parties desire to set forth their understanding and agreement as to the
payout of the Grant, the obligations of the Company regarding Capital Investment and New Jobs,
and the repayment by the Company of all or part of the Grant under certain circumstances; and
WHEREAS, the purchase, equipping, improvement and operation of the Facility will
entail a capital expenditure by or on behalf of the Company of approximately $45,000,000.00 and
will further entail the creation and Maintenance of 50 New Jobs at the Facility; and
WHEREAS, the Commission has determined that the expenditure of the Grant to
stimulate the generation of additional tax revenue and economic activity in the Region constitutes
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a valid public purpose for the expenditure of public funds as outlined in Section 3.2-3100, et seq.
of the Code of Virginia of 1950, as amended, and is the animating purpose for the Grant:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
Section 1. Definitions.
For the purposes of this Agreement, the following terms shall have the following
definitions:
“Capital Investment” means a capital expenditure by or on behalf of the Company in
taxable real property, taxable tangible personal property, or both, at the Facility. The Capital
Investment must be in addition to any new investments the Company promised to make under
any other agreement with the Commission. The Capital Investment must be in addition to the
capital improvements at the Facility as of the Award Date.
“Earned Grant Funds” means the portion of the Grant that is due to the Company
pursuant to Section 6 of this Agreement.
“Maintain” means that the New Jobs will continue without interruption from the date of
creation through the Performance Date. Positions for the New Jobs will be treated as Maintained
during periods in which such positions are not filled due to (i) temporary reductions in the
Company’s employment levels (so long as there is active recruitment for open positions), (ii)
strikes, and (iii) other temporary work stoppages.
“Minimum Investment Target” means the Company’s obligation to make a Capital
Investment of at least $1 million.
“New Job” means new permanent full-time employment of an indefinite duration at the
Facility for which the standard fringe benefits are provided by the Company for the employee,
and for which the Company pays an average annual wage of at least $38,000.00. Average
annual wage means the average annual salary of full-time positions at the Facility determined
by dividing total payroll (of a type included in W-2 compensation) provided to full-time
positions at the Facility by the number of full-time positions at the Facility. Each New Job must
require a minimum of either (i) 35 hours of an employee’s time per week for the entire normal
year of the Company’s operations, which “normal year” must consist of at least 48 weeks, or (ii)
1,680 hours per year. Seasonal or temporary positions, positions created when a job function is
shifted from an existing location in the Commonwealth, and positions with construction
contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New
Jobs. Net new jobs in the Commonwealth for contractors or employees of contractors who
provide dedicated full-time service to the Company may count as New Jobs, even though the
Company is not directly paying the wages or providing the fringe benefits, if the other conditions
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set forth in this paragraph have been satisfied. The New Jobs must be in addition to any new
positions the Company promised to make under any other agreement with the Commission. The
New Jobs must also be in addition to the full-time jobs at the Facility as of the Award Date, as
evidenced by a recent filing with the Virginia Employment Commission.
“Performance Date” means the date that is the third anniversary of the Award Date. If
the Locality, in consultation with the Commission, deems that the Company is making good faith
and reasonable efforts to achieve the Targets, the Locality may request an extension of the
Performance Date by up to 12 months. Any extension of the Performance Date shall require the
prior written approval of the Commission’s Executive Director or his designee. Any further
extensions will require the approval of the Commission’s governing body. If the Performance
Date is extended, the Commission shall send written notice of the extension to the Company, and
the date to which the Performance Date has been extended shall be the “Performance Date” for
the purposes of this Agreement.
“Project” means the Company’s completion and operation of the Facility and satisfaction
of the Targets.
“Targets” means the Company’s obligations to make Capital Investments at the Facility
of at least $45,000,000.00 and to create and Maintain at least 50 New Jobs at the Facility, all as
of the Performance Date.
“Virginia Code” means the Code of Virginia of 1950, as amended.
Section 2. Targets.
(a) Targets: The Company will complete the Project, including making a Capital
Investment of at least $45,000,000.00, and creating and Maintaining at least 50 New Jobs at the
Facility, all as of the Performance Date.
Section 3. Disbursement of the Grant.
(a) Disbursement of the Grant in arrears: After the Performance Date, the
Commission will determine the extent to which the Company met or exceeded the Targets as of
the Performance Date and the amount of Earned Grant Funds that are due to the Company. Within
30 days thereafter, the Commission will pay to the Locality the Earned Grant Funds. Within 30
days thereafter, the Locality will pay to the Company, the Earned Grant Funds.
Section 4. Company Reporting.
(a) Award Date Report: Within 30 days of the Award Date, the Company shall provide
an Award Date Report in the form attached hereto as Attachment 1, a statement of (1) the value
of real property and other taxable assets owned by Company at the Facility as of the Award Date
(if any), which may be verified by the Locality’s Commissioner of Revenue and the Commission;
and (2) the number of employees of the Company working full-time at the Facility as of the Award
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Date, as reflected by the Company’s report to the Virginia Employment Commission for the
quarter ending most recently prior to the Award Date.
(b) Progress Reporting: The Company shall provide, at the Company’s expense, in the
form attached hereto as Attachment 2, detailed verification reasonably satisfactory to the
Locality and the Commission of the Company’s progress on achieving the Targets. Such progress
reports will be provided annually, starting on the first anniversary of the Award Date and covering
the period through the most recently completed quarter. Further, the Company shall provide such
progress reports at such other times as the Locality or the Commission may reasonably require.
If the Company wishes to count as Capital Investments the capital expenditures made on
its behalf by a lessor or a developer of the Facility, the Company is responsible for assembling
and distributing the documentation necessary to verify the capital expenditures made on behalf of
the Company.
If the Company wishes to count as New Jobs employees of contractors, to the extent
permitted in the definition of “New Jobs” in Section 1, the Company is responsible for assembling
and distributing the documentation necessary to verify such New Jobs, including whether such
jobs are net New Jobs in the Commonwealth.
(c) Final Report: The Company shall provide, at the Company’s expense, in the form
attached hereto as Attachment 3, detailed verification reasonably satisfactory to the Locality and
the Commission of the Company’s achievement of the Targets. The final report shall be filed
within 90 days after the Performance Date.
Section 5. Verification of Targets.
(a) Verification of Capital Investment: The Company hereby authorizes the
Locality, including the Locality’s Commissioner of the Revenue and Treasurer, to release to the
Commission the Company’s real estate tax, business personal property tax and machinery and
tools tax information. Such information shall be marked and considered confidential and
proprietary and shall be used by the Commission solely for verifying satisfaction of the Capital
Investment Target. If the Locality, the Commissioner of the Revenue, or the Treasurer should
require additional documentation or consents from the Company to access such information, the
Company shall promptly provide, at the Company’s expense, such additional documentation or
consents as the Locality or the Commission may request.
In addition to the verification data described above, in the sole discretion of the Locality
or the Commission, the Locality or the Commission, may each require the Company to provide
at its sole expense such other documentation, including invoices, or audits as may be required to
properly verify that the Company met or exceeded the Capital Investment Target.
(b) Verification of New Jobs and Wages: The Company must submit a copy of its
four most recent Employer’s Quarterly Tax Report (Form FC-20) with the Virginia Employment
Commission with each progress report and its final report. The forms shall be marked and
considered confidential and proprietary and shall be used by the Commission solely for verifying
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satisfaction of the New Jobs Target. The Company expressly grants its consent for the Virginia
Employment Commission to release all Company employment records of any kind in its
possession to the Commission.
The Company agrees that it will report to the Virginia Employment Commission with
respect to its employees at a facility-level, rather than at the company-level.
In addition to the verification data described above, in the sole discretion of the Locality
or the Commission, the Locality or the Commission, may each require the Company to provide
at its sole expense such other documentation or audits as may be required to properly verify that
the Company met or exceeded the New Jobs Target.
Section 6. Partial and Full Performance.
(a) If Minimum Investment Target is Not Met: The Company must satisfy the
Minimum Investment Target by the Performance Date in order to be eligible for any portion of
the Grant. If the Minimum Investment Target is not met by the Performance Date, the
Commission will not pay any portion of the Grant and this Agreement may be terminated as
provided in Section 9(f).
(b) Allocation of Grant Proceeds: The Grant is to be allocated as 50% for the
Company’s Capital Investment Target, and 50% for the Company’s New Jobs Target.
(c) If Minimum Investment Target is Met: The provisions of this subsection (c) apply
only if the Company has met the Minimum Investment Target.
If the Company has not met or exceeded both Targets at the Performance Date, the
Commission shall pay to the Locality that part of the Grant that is proportional to the Company’s
performance toward each Target (the “Earned Grant Funds”). For example, if as of the
Performance Date, the Company has attained only 75% of the Capital Investment Target and only
25% of the New Jobs Target, the Commission shall pay to the Locality 75% of the Grant proceeds
allocated to the Capital Investment Target, plus 25% of the Grant proceeds allocated to the New
Jobs Target.
(d) Full Performance: If the Commission determines that the Company has met or
exceeded both Targets at the Performance Date, the Commission shall pay to the Locality the full
amount of the Grant.
Section 7. Revenue Sharing.
Upon receipt of local tax revenue from the Company, the Locality will pay a portion of
such revenue to the Commission as provided in the Revenue Sharing Agreement attached to this
Agreement as Exhibit A.
Section 8. Notices.
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Formal notices and communications between the Parties shall be given either by (i)
personal service, (ii) delivery by a reputable document delivery service that provides a receipt
showing date and time of delivery, or (iii) mailing utilizing a certified or first class mail postage
prepaid service of the United States Postal Service that provides a receipt showing date and time
of delivery, addressed as noted below. Notices and communications personally delivered or
delivered by document delivery service shall be deemed effective upon receipt. Notices and
communications mailed shall be deemed effective on the second business day following deposit
in the United States mail. Such written notices and communications shall be addressed to:
if to the Company, to: with a copy to:
INTERTAPE POLYMER CORP.
100 Paramount Dr., Suite 300
Sarasota, FL 34232
Attention: Mr. Kevin O’Steen,
VP of Tax
Attention:
if to the Locality, to: with a copy to:
COUNTY OF____________
PITTSYLVANIA, VIRGINIA
P.O. Box 426
Chatham, VA 24531
Attention: David Smitherman,
County Administrator
Attention:
if to the Commission, to: with a copy to:
Tobacco Region Revitalization Commission
701 E. Franklin Street, Suite 501
Richmond, Virginia 23219
Attention: Executive Director
Office of the Attorney General
202 N. 9th Street
Richmond, Virginia 23219
Attention: Counsel to the Tobacco Region
Revitalization Commission
Section 9. Miscellaneous.
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement
among the parties hereto as to the Grant and may not be amended or modified, except in writing,
signed by each of the parties hereto. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. The Company may not
assign its rights and obligations under this Agreement without the prior written consent of the
Locality and the Commission.
(b) Governing Law; Venue: This Agreement is made, and is intended to be performed,
in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth.
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Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the
Circuit Court of the City of Richmond, and such litigation shall be brought only in such court,
unless the Commission’s Executive Director agrees otherwise.
(c) Counterparts and Electronic Signatures: This Agreement may be executed in one
or more counterparts, each of which shall be an original, and all of which together shall be one
and the same instrument. Facsimile signatures or signed copies sent by portable document format
(PDF) shall be deemed originals.
(d) Severability: If any provision of this Agreement is determined to be
unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining
provisions will not in any way be affected or impaired, and such provision will be deemed to be
restated to reflect the original intentions of the parties as nearly as possible in accordance with
applicable law.
(e) Attorney’s Fees: Attorney’s fees shall be paid by the party incurring such fees in
connection with litigation arising out of this Agreement, except that the Company and the Locality
(subject to receipt of necessary appropriations) shall be responsible for the Commission’s costs
of collection, including reasonable attorney’s fees.
(f) Termination and Survival: The Commission, after consultation with the Locality, may
terminate this Agreement by written notice to all parties in the event that the Company fails (1)
to meet the Minimum Investment Target by the Performance Date; (2) to meet its reporting
requirements; or (3) to make good faith and reasonable efforts to achieve the Targets prior to the
Performance Date. Prior to such termination, the Commission shall provide written notice to the
parties of the deficiency. The Locality shall allow the Company 10 business days from the date
of such notice by which the Company may cure the deficiency and thereby avoid termination of
this Agreement. In the event of such termination, the Revenue Sharing Agreement between the
Locality and the Commission shall remain in effect until the Commission satisfies the repayment
obligations to the Locality as provided therein. In the event this Agreement is terminated by the
Locality the Company shall not receive any portion of the Grant.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this Performance
Agreement as of the date first written above.
COUNTY OF PITTSYLVANIA, VIRGINIA
By
Name:
Title:
Date: _________________________
INTERTAPE POLYMER CORP.
By
Name:
Title:
Date: _________________________
TOBACCO REGION
REVITALIZATION COMMISSION
By
Name: Evan Feinman
Title: Executive Director
Date: _________________________
Attachment 1: Award Date Report Form
Attachment 2: Annual Progress Report Form
Attachment 3: Final Report Form
Exhibit A: Revenue Sharing Agreement
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Attachment 1
Page 1 of 1
AWARD DATE REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Award Date
Performance Date
Jobs as of Award Date Number
Employees of Company working full time at the Facility as of the
Award Date (attach latest VEC Form FC-20)
Taxable Assets Owned by Company as of Award Date Value
Land associated with the Facility $
Land Improvements $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company Name:
Submitted By:________________________________________________
Signature:
Print Name:
Title: Date:
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Attachment 2
Page 1 of 2
ANNUAL PROGRESS REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Performance Reporting Period
Performance Date
PROJECT PERFORMANCE:
Performance Measurement Target As of _______ % Complete
New Jobs (over ___ baseline)1
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Capital Investment (provide
breakdown below)2
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Average Annual Wage N/A
Confidence level target will be
reached by Performance Date shown
above (check one)
High
☐
Moderate
☐
Low
☐
Standard Fringe Benefits
(check one)
Yes
☐
No
☐
N/A
1Data will be verified using Virginia Employment Commission records.
2Data will be verified with locality records.
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Attachment 2
Page 2 of 2
Capital Investment Breakdown Amount
Land $
Land Improvements $
New Construction or Expansion $
Renovation or Building Upfit $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
COMMENTS:
Discuss project status, including the current level of new jobs and capital investment, progress
on targets, changes or likely changes in project’s nature that may impact achievement of targets,
and other information relevant to project performance. If the project is not on track to meet
targets, please provide an explanation.
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company:
Submitted By: Signature of Official
Name: Print Name
Title:
Date: _________________________
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Attachment 3
Page 1 of 2
FINAL REPORT
TOBACCO REGION OPPORTUNITY FUND
PROJECT SUMMARY:
Project
Location
Amount of Grant
Performance Date
PROJECT PERFORMANCE:
Performance Measurement Target As of _______ % Complete
New Jobs (over baseline)1
Capital Investment (provide
breakdown below)2
Average Annual Wage N/A
Standard Fringe Benefits
Capital Investment Breakdown Amount
Land $
Land Improvements $
New Construction or Expansion $
Renovation or Building Upfit $
Production Machinery and Tools $
Furniture, Fixtures and Equipment $
Other
Total $
1Data will be verified using Virginia Employment Commission records.
2Data will be verified with locality records.
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Attachment 3
Page 2 of 2
COMMENTS:
[Discuss Project status or the importance of the Project to the locality and region.]
TO BE CERTIFIED BY AN OFFICER OF THE COMPANY:
I certify that I have examined this report and to the best of my knowledge and belief, it is true,
correct, and complete.
Company:
Submitted By:
Signature of Official
Name:
Print Name
Title:
Date: _________________________
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Exhibit A
Revenue Sharing Agreement
This REVENUE SHARING AGREEMENT (“Agreement”) made and entered into this
the 21st day of December, 2020 (“Effective Date”) by and between the COUNTY OF
PITTSYLVANIA, VIRGINIA (the “Locality”), a political subdivision of the Commonwealth
and the TOBACCO REGION REVITALIZATION COMMISSION, a body corporate and
political subdivision of the Commonwealth of Virginia (the “Commission”).
WITNESSETH:
WHEREAS, the parties entered into the Performance Agreement dated as of December
21, 2020 (“Performance Agreement”) to which this Agreement is attached pursuant to which the
Commission will make a Grant to the Locality that the Locality will use to induce the Company
to undertake the Project, thereby making a Capital Investment and creating New Jobs in the
Locality; and
WHEREAS, if the Project is completed, the Locality will realize additional Local Tax
Revenue and desires to share a portion of that Local Tax Revenue with the Commission:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
1. Definitions: Capitalized terms used but not defined in this Agreement have the same
definitions as set forth in the Performance Agreement.
“Local Taxes” means the tax payments the Locality receives from the Company as a result
of local assessments (including any entities owned by, affiliated with, or under common control
with the Company) pursuant to Title 58.1, Subtitle III of the Code of Virginia, including, but
limited to, real property taxes, business, professional and occupational license taxes, machinery
and tools taxes, and tangible personal property taxes.
“New Tax Revenue” means the sum of Local Taxes generated in connection with or
attributable to the Project that the Company pays to the Locality, directly or indirectly. If the
Project involves the expansion of the Facility or the Company’s operations in the Locality, the
New Tax Revenue for a given tax year is the amount of Local Taxes the Company paid in excess
of the amount of Local Taxes the Company paid for the tax year immediately preceding the date
of the Performance Agreement. (For example, if the Performance Agreement is dated 2020, the
Company paid $50,000 of Local Taxes in 2019, and the Company paid $75,000 of Local Taxes
in 2021, the New Tax Revenue for 2021 would be $25,000.)
2. Revenue Sharing: Starting with the first tax year that begins after the Award Date of the
Performance Agreement, the Locality will pay to the Commission an amount equal to 5% of the
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New Tax Revenue (“Revenue Sharing Payments”). The Locality will make Revenue Sharing
Payments within 45 days after the Locality receives Company’s payment of its Local Taxes.
3. Payment Period: The Locality will continue to pay Revenue Sharing Payments to the
Commission until the total amount of Revenue Sharing Payments the Locality has paid to the
Commission equals 105% of the Earned Grant Funds.
The Locality’s obligation to pay Revenue Sharing Payments is contingent upon its receipt
of tax payments from the Company and is subject to the Locality’s receipt of appropriations
sufficient to make such payments. The Locality’s chief executive officer agrees to use his or her
best efforts to secure the necessary appropriations.
4. Commission Reimbursement to Locality: In the event Company does not meet its
Targets in full, the Commission shall reimburse to the Locality within 120 days of the
Performance Date, as defined in the Performance Agreement and as applicable, the amount of
Revenue Sharing Payments received by the Commission from the Locality that exceed 105% of
Earned Grant Funds.
5. Incorporation by Reference: Sections 8 (Notices) and 9 (Miscellaneous) of the
Performance Agreement are hereby incorporated by reference into this Agreement.
TOBACCO REGION
REVITALIZATION COMMISSION
By:_______________________________
Evan Feinman, Executive Director
Date:______________________________
COUNTY OF PITTSYLVANIA,
VIRGINIA
By:________________________________
Title:______________________________
Date:______________________________
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Operational Medical Director MOA Approval (Staff Contact: Christopher
C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: March 16, 2021 Item Number: 7.l
Attachment(s): OPERATIONAL MEDICAL DIRECTOR MEMORANDUM OF
AGREEMENT (002)
Reviewed By:
SUMMARY:
The County is required to have an Operational Medical Director (“OMD”) to retain its EMS
license. The County’s current OMD has moved to Maine. Christopher C. Slemp, Public Safety
Director, has found Kayla Long, M.D., a state certified OMD, to replace the previous County
OMD. Dr. Long has agreed to serve as the County’s OMD for a $5,000 annual fee. For the
Board’s review and consideration, an OMD Memorandum of Agreement (“OMD MOA”)
evincing the same is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
$5,000 annual fee. The fee for Fiscal Year 2021, because it has already commenced, is $2,080.
Said fee is contained in the County’s Public Safety Budget.
RECOMMENDATION:
County Public Safety Staff recommends the Board approve the attached OMD MOA as
presented.
MOTION:
“I make a Motion to approve the attached OMD MOA as presented.”
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OPERATIONAL MEDICAL DIRECTOR MEMORANDUM OF
AGREEMENT
THIS MEMORANDUM OF AGREEMENT (“MOA”), made the 16th day of March
2021, by and between the Pittsylvania County Department of Public Safety Public (PCDPS”) and
Kayla Long, M.D., Operational Medical Director (“OMD”).
WITNESSETH:
WHEREAS, the PCDPS and the OMD recognize and embrace the need for a licensed
physician to serve as the Department of Public Safety's Virginia Office of Emergency Medical
Services (“EM”) OMD; and
WHEREAS, the PCDPS and the OMD wish to form a partnership whereby the OMD will
serve the Department of Public Safety as an advisor for medically related issues, provide physician
oversight of patient care provided by the EMS certified members of the Department of Public
Safety; and
WHEREAS, the OMD agrees to serve as the agency OMD for any other licensed EMS
agency within Pittsylvania County wishing to utilize these services and/or that need these services
due to an OMD vacancy. Agencies wishing to utilize the services of the Pittsylvania County OMD
will be parties to this MOA via an attachment with concurrent approval of the OMD and the Director
of Public Safety; and
WHEREAS, for Fiscal Year 2021, these OMD services will be provided by the OMD for a fee
of $2,080; and
WHEREAS, for future Fiscal Years, said OMD services shall be provided for a $5,000
annual fee, subject to local appropriation by the Pittsylvania County Board of Supervisors; and
WHEREAS, to build this partnership and cooperative process and to set forth the
expectations for both parties for the chosen course of action, this MOA is entered into based on the
following:
1. The OMD will have ultimate authority over the patient care delivered by providers
certified to practice under his license.
2. The PCDPS will ensure that all providers are properly trained, equipped, and
certified in compliance with all Virginia rules and regulations (12-VAC-531), in addition to any
other requirements set forth by the OMD. The PCDPS and the OMD agree that all agency
providers will follow Blue Ridge EMS Council (“BREMS”) treatment protocols unless other,
specific treatment protocols are implemented by the OMD for the PCDPS. These protocols will
be drafted in PCDPS Standard Operating Guidelines (“SOG”) format.
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3. The PCDPS will be provided with contact information for the OMD and will be
permitted to directly contact the OMD when needed for consultation, meeting requests, and
signatures.
4. The OMD will provider his services for all facets of emergency medical care for
the PCDPS, to include, but not be limited to, medical oversight of the emergency medical dispatch
(“EMD”), public access defibrillator program, tactical medicine program, EMS training, and
transport.
5. The OMD agrees to provide the oversight and authority for providers to practice at
their certified levels as PCDPS members, which is a licensed advanced life support (“ALS”)
agency after all agency and OMD training requirements are met.
6. The PCDPS agrees to participate in a Quality Assurance (“QA”)/Quality
Improvement (“QI”) process directed by the OMD.
7. The OMD shall be informed and consulted about any patient care errors and/or
omissions by providers of the PCDPS as the OMD wishes.
8. The OMD shall keep his current license to practice medicine, Virginia Office of
EMS credentials, and ancillary EMS Certifications on file with the PCDPS.
9. Either Party to this MOA may void and cancel this MOA by providing at least sixty
(60) days written notice to the other Party.
Witness to the following signatures and seals, pursuant to due authority, as of the date first
written below:
PITTSYLVANIA COUNTY DEPARTMENT OF PUBLIC SAFETY
By:_________________________________ _____ Date:_________________________
Christopher C. Slemp
Pittsylvania County Director of Public Safety
OPERATIONAL MEDICAL DIRECTOR
By:_________________________________ _____ Date:_________________________
Kayla Long, M.D.
7.l.a
Packet Pg. 102 Attachment: OPERATIONAL MEDICAL DIRECTOR MEMORANDUM OF AGREEMENT (002) (2401 : Operational Medical Director MOA Approval
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: RSAF Grant Application Submission Approval (Staff Contact:
Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: March 16, 2021 Item Number: 7.m
Attachment(s):
Reviewed By:
SUMMARY:
County Public Safety Staff is seeking approval to apply for a Rescue Squad Assistance Fund
(“RSAF”) Grant for the July 2021 Funding Cycle to assist with the purchase of one (1) LUCAS
CPR device. Said device will be used to improve patient care and assist with cardiac arrest
patients in the County. The device will be housed on the QRV currently being used in the
former 640 Rescue response area.
FINANCIAL IMPACT AND FUNDING SOURCE:
Total cost of one (1) LUCAS CPR device is $14,896.50. The County would be responsible for a
maximum of fifty percent (50%) of the total device cost (or $7,448.25) if awarded the Grant.
Currently, the County has funds in its “medical equipment” CIP Budget to cover said cost.
RECOMMENDATION:
County Public Safety Staff recommends the Board approve its request to apply for a RSAF Grant
to purchase one (1) LUCAS CPR device.
MOTION:
“I make the Motion to allow County Public Safety Staff to apply for a RSAF Grant to purchase
one (1) LUCAS CPR device.”
7.m
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Parks and Recreation Assumption of Risk and Waiver of Liability (to
include COVID) Release Form Approval (Staff Contact: Justin Price)
Staff Contact(s): Justin Price
Agenda Date: March 16, 2021 Item Number: 7.n
Attachment(s): Pittsylvania County Covid Waiver
Reviewed By:
SUMMARY:
For the Board’s review and consideration, attached is a revised County Parks and Recreation
Assumption of Risk Waiver of Liability (“Waiver”) form that has been updated to include
COVID-19 issues.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends that the Board approve the waiver as presented.
MOTION:
“I make a Motion to approve the Waiver as presented.”
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PARKS & RECREATION
P.O. Box 426 • 115 South Main Street
Chatham, Virginia 24531
Phone (434) 432-7736
______________________________________________________________________________________________
Page 1 of 2
ASSUMPTION OF RISK AND WAIVER OF LIABILITY (TO INCLUDE
CORONAVIRUS/COVID 19) RELEASE FORM - YOUTH
PLEASE READ CAREFULLY
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health
Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-
to-person contact. As a result, federal, state, and local governments and federal state health
agencies recommend social distancing and have, in many locations, prohibited the congregation
of groups of people.
The County of Pittsylvania, Virginia (“County”), acting through its Department of Parks &
Recreation (“PCPR”), has put in place preventative measures to reduce the spread of COVID-19;
however, the County, again acting through PCPR, cannot guarantee that you or your child(ren)
will not become infected with COVID-19. Further, participating in any PCPR Program could
increase your risk and/or your child(ren)’s risk of contracting COVID-19.
By signing this Agreement, I acknowledge the contagious nature of COVID-19 and voluntarily
assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by
participating in any PCPR Program and that such exposure or infection may result in personal
injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to
or infected by COVID-19 at any PCPR Program may result from the actions, omissions, and/or
negligence of myself and others, including, but not limited to, PCPR employees, volunteers,
partners, youth associations, officials, and Program participants and their families.
I further understand that by participating in any PCPR Program there is the risk of personal injury,
illness, permanent disability, and death and by signing this Agreement, I acknowledge the dangers
inherent in my child(ren)’s participation in any PCPR Program.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury
to my child(ren) or myself (including, but not limited to, personal injury, disability, and death),
illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may
experience or incur in connection with my child(ren)’s participation and attendance in any PCPR
Program (“Claims”).
On my behalf, and on behalf of my spouse, family, children, estate, heirs, executors,
administrators, assigns, and personal representatives, I hereby forever release, waive, discharge,
hold harmless and covenant not to sue the County, its PCPR, their employees, agents, and
representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or
expenses of any kind arising out of or relating thereto. I understand and agree that this release
includes any Claims based on the actions, omissions, and/or negligence of the County, its PCPR,
7.n.a
Packet Pg. 105 Attachment: Pittsylvania County Covid Waiver (2388 : Parks and Recreation Assumption of Risk and Waiver of Liability (to include COVID)
PARKS & RECREATION
P.O. Box 426 • 115 South Main Street
Chatham, Virginia 24531
Phone (434) 432-7736
______________________________________________________________________________________________
Page 2 of 2
their employees, agents, and representatives, whether an injury and/or COVID-19 infection occurs
before, during, or after participation in any PCPR Program.
I. _____________________ (Parent/Guardian). give my permission for my child(ren) to
participate in _____________________ (Program Name) sponsored by the County and PCPR.
I also agree to hold harmless the County, its PCPR, their employees, agents, and representatives
from any claims based on actions, omissions, and/or negligence of the County, its PCPR, their
employees, agents, and representatives. I have had sufficient time to read this entire Agreement,
and, should I choose to do so, consult with legal counsel prior to signing. I have entered into this
Agreement based on my own information and not in reliance upon representations of the County,
its PCPR, their employees, agents, and representatives. I further understand that this Agreement
contains the entire agreement and no oral or written agreements limiting or modifying the effect
of the terms of this document exist. Finally, I agree that if any part of this Agreement is held to be
invalid or unenforceable for any reason, the balance of the agreement remains valid and
enforceable.
I have read and understood this Agreement and I agree to be bound by its terms.
Parent/Guardian's Signature: ______________________________________________________
Parent/Guardian's Printed Name: ___________________________________________________
Witness: ______________________________________________________________________
Child/Children’s Name: __________________________________________________________
Date: ________________________________________________________________________
PCPR Program Participating in: ____________________________________________________
7.n.a
Packet Pg. 106 Attachment: Pittsylvania County Covid Waiver (2388 : Parks and Recreation Assumption of Risk and Waiver of Liability (to include COVID)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Danville Utilities Commission County Representative Appointment
(Contact: Chairman Warren)
Staff Contact(s): Chairman Warren
Agenda Date: March 16, 2021 Item Number: 7.o
Attachment(s):
Reviewed By:
SUMMARY:
Recently, the Danville City Council voted to allow a County Board of Supervisors’ Member to
serve on the Danville Utility Commission as a non-voting Member. Said Member must be a
Danville Utilities customer.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Chairman Warren desires to appoint Supervisor Scearce as the County Board of Supervisors’
Member on the Danville Utility Commission for 2021.
MOTION:
“I make a Motion to appoint Supervisor Scearce as the County Board of Supervisors’ Member
on the Danville Utility Commission for 2021.”
7.o
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC;
Rezoning from R-1, Residential Suburban Subdivision District, and A-1,
Agricultural District, to A-1, Agricultural District (Supervisor Ingram)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: March 16, 2021 Item Number: 10.A.1
Attachment(s):
Blessed Beyond Measures, LLC Application
Blessed Beyond Measures, LLC Map
Blessed Beyond Measures, LLC Plat
Reviewed By:
SUMMARY:
In Case R-21-004, Blessed Beyond Measures, LLC (“Petitioner”), has petitioned to rezone six
(6) parcels, totaling 31.03 acres, from R-1, Residential Suburban Subdivision District, and A-1,
Agricultural District, to A-1, Agricultural District (to consolidate with adjacent parcels of land
zoned A-1). The subject properties are located on State Road 939/Brookside Road in the Tunstall
Election District and shown on the Tax Maps as GPIN #s 1452-93-3809, 1452-94-1507, 1452-
84-9839, 1452-84-4231, 1452-84-6067, and 1452-83-8876. Once the properties are rezoned to
A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On February 2,
2021, the Planning Commission recommended, with no opposition, that the Petitioner’s request
be granted. The County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-004 as presented. The subject properties are
adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be
consistent with the County’s Comprehensive Plan.
MOTION:
“In Case R-21-004, I make a Motion to approve the rezoning of the six (6) subject properties,
totaling 31.03 acres, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural
District, to A-1, Agricultural District, to allow the subject properties to be consolidated with
adjacent parcels. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.1
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Packet Pg. 109 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
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Packet Pg. 110 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
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Packet Pg. 111 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
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Packet Pg. 112 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
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Packet Pg. 113 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
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Packet Pg. 114 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
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Packet Pg. 115 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
10.A.1.a
Packet Pg. 116 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
10.A.1.a
Packet Pg. 117 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
10.A.1.a
Packet Pg. 118 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
10.A.1.a
Packet Pg. 119 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
10.A.1.a
Packet Pg. 120 Attachment: Blessed Beyond Measures, LLC Application (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
10.A.1.b
Packet Pg. 121 Attachment: Blessed Beyond Measures, LLC Map (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
10.A.1.c
Packet Pg. 122 Attachment: Blessed Beyond Measures, LLC Plat (2375 : Public Hearing: Case R-21-004 Blessed Beyond Measures, LLC)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily S.
Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: March 16, 2021 Item Number: 10.B.1
Attachment(s): 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary
2021 Cost Est Housing Budget Gunn Garland Planning Grant
Reviewed By:
SUMMARY:
The County was awarded a Community Development Block Grant (“CDBG”) Comprehensive
Community Development Planning Grant from the Department of Housing and Community
Development in the amount of $40,000 to evaluate the housing and infrastructure needs of the
Gunn Garland Road area. Final reports completed by Dewberry and Pittsylvania County
Community Action show estimated infrastructure costs to extend water and sewer service to
residents and estimated rehabilitation costs for eligible single-family dwellings along Gunn
Garland Road. Cost estimates will be used to request funding to cover construction costs. As a
condition of receiving the CDBG Grant, the DHCD requires the receiving locality to conduct a
Public Hearing to seek public input/comment on the proposed project. Said Public Hearing has
been legally and duly advertised. For the Board’s review, related documents are attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Following the legally required Public Hearing, County Staff recommends the Board support the
proposed infrastructure upgrades and housing rehabilitations, allowing County Staff to apply for
funding to cover construction costs.
MOTION:
“I make a Motion to support the proposed infrastructure and rehabilitation upgrades identified
through the CDBG Comprehensive Community Development Planning Grant.”
10.B.1
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WPPDC 2020-13 #50131749
GUNN GARLAND ROAD UTILITIES
PRELIMINARY ENGINEERING REPORT
Department of Housing and Community Development
Community Development Block Grant
FEBRUARY, 2021
SUBMITTED BY
Dewberry Engineers Inc.
551 Piney Forest Road
Danville, Virginia 24540
434.549.8504
SUBMITTED TO
Pittsylvania County
PO Box 426
Chatham, Virginia 24531
434.432.1768
PRELIMINARY –
FOR REVIEW ONLY
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TABLE OF CONTENTS
1. EXECUTIVE SUMMARY 3
2. PROJECT PLANNING 4
2.1 Location 4
2.2 Environmental Resources Present 4
2.3 Population Trends 4
2.4 Community Engagement 4
3. EXISTING FACILITIES 5
3.1 Location Map 5
3.2 History 5
3.3 Condition of Existing Facilities 5
4. NEED FOR PROJECT 8
4.1 Health, Sanitation and Security 8
4.2 Aging Infrastructure 8
5. ALTERNATIVES CONSIDERED 8
5.1 Description 9
Water Alternatives 9
Sewer Alternatives 9
5.2 Design Criteria 9
5.3 Map 10
5.4 Environmental Impacts 10
5.5 Land Requirements 13
5.6 Potential Construction Problems 14
5.7 Sustainability Considerations 14
5.8 Cost Estimates 14
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GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
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6. SELECTED ALTERNATIVE 17
6.1 Life Cycle Cost Analysis 17
6.2 Total Project Cost Estimate 17
6.3 Non-Monetary Factors 18
6.4 Permit Requirements 18
6.5 Project Schedule 18
6.6 Conclusions and Recommendations 18
FIGURES
2.1 – Project Area 4
3.3 – Existing Conditions Photos 5
5.3.1 – Water Alternatives 11
5.3.2 – Sewer Alternatives 12
6.0 – Selected Alternatives 19
TABLES
5.5.1 – Private Property Easements for Water & Sewer Connections 13
5.5.2 – Sewer Alternative #1 Easements 13
5.5.3 – Sewer Alternative #2 Easements 13
5.8.1 – Water Alternative #1 Cost Estimate 14
5.8.2 – Water Alternative #2 Cost Estimate 15
5.8.3 – Sewer Alternative #1 Cost Estimate 15
5.8.4 – Sewer Alternative #2 Cost Estimate 16
5.8.5 – Road Improvements Cost Estimate 16
6.1.1 – Life Cycle Cost Analysis 17
6.2.1 – Total Project Cost Estimate 17
6.5.1 – Preliminary Schedule 18
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GUNN GARLAND ROAD UTILITIES
PRELIMINARY ENGINEERING REPORT
1. Executive Summary
Pittsylvania County Community Action, Inc. (PCCA) Housing Department identified the Gunn Garland Road
neighborhood, located due east of Danville, as in need of improved living conditions. There are approximately fifteen
(15) residents indicating interest in the Department of Housing and Community Development (DHCD) Community
Development Block Grant (CDBG) Program, which includes bringing homes within Section 8 Housing Standards, as
well as access to public water and sewer. These improvements will improve the overall health and living conditions of
residents in the Gunn Garland Road community.
PCCA presented this project to the Pittsylvania County Board of Supervisors in May 2018, was granted approval to
apply for a CDBG for funding, was awarded the funds, and Pittsylvania County will be serving as the financial agent
for the project. PCCA has since conducted the initial public meeting, formed a management team, completed
neighborhood surveys, and performed preliminary infrastructure assessments. The summary report for the project
indicates need for housing rehabilitation, improvements to wells, septic systems and surface drainage. Potential
upgrade to the residential road may also be included.
This preliminary engineering report (PER) will focus solely on the water and sewer improvements and includes an
estimate for road pavement improvements as well.
The designated project area is not currently served by public water and sewer. Water exists north along Tom Fork
Road and can be extended to Gunn Garland Road. Through a CDBG project in 2010, water and sanitary sewer
infrastructure was provided to Witcher Road, which is approximately 1/2 mile east of Gunn Garland Road. A desktop
review of the topography in the area indicates that gravity sewer can be extended to tie-in to the pump station
constructed as part of the 2010 Witcher Road project. Easements would be required to extend gravity sewer from
Gunn Garland Road to Witcher Road. The considered water and sewer alternatives have an estimated project cost
as shown in the summary table below:
Water Alt. 1 8" Waterline to Customers - Total Project Cost $608,800 Alt. 2 8" Loop to Ringgold Road - Total Project Cost $941,500 Sewer
Alt. 1 Gravity to Witcher Road - Total Project Cost $885,900
Alt. 2 Gravity to New Pump Station - Total Project Cost $972,900
The recommended alternatives are Water Alternative #2 and Sewer Alternative #1. If funds allow, the water loop
back to Ringgold Road will have improved water quality by eliminating a dead-end service and will provide increased
reliability with bi-directional potable supply to the neighborhood. The sewer extension to Witcher Road, assuming
private property easements can be obtained, will be the most efficient use of existing facilities. There is adequate
capacity at the existing Witcher Road Pump Station to serve Gunn Garland Road.
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Packet Pg. 127 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
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2. Project Planning
2.1 Location
Gunn Garland Road (SR1024) is located in the Ringgold community within Pittsylvania County, Virginia, just east of
the City of Danville. The project area intersects both Tom Fork Road (SR 655) and US Highway 58.
2.2 Environmental Resources Present
The project area is generally residential and agricultural, with some light commercial (i.e. churches, fire stations, etc.).
There is a large farm that borders the rear property lines (easternmost) along Gunn Garland Road. Due to the nature
of the existing conditions, the only environmental concerns are general erosion and sediment control during
construction, which will be mitigated by implementation of Virginia Department of Environmental Quality (DEQ)
stormwater best management practices (BMPs).
2.3 Population Trends
Based on the US Census Bureau, there has been a 5% reduction in population in Pittsylvania County since 2010.
There is no need to plan for future growth and development in the project area.
2.4 Community Engagement
A management team has been established for this project, which includes representatives from Pittsylvania County,
VDOT, Pittsylvania County Community Action (PCCA) and the community. Based on resident surveys obtained by
PCCA, there are 15 homes interested in participating in the project for which the utility improvements will serve. This
team will be responsible for keeping residents involved throughout project development. The volunteer fire
department building at the intersection of Tom Fork Road and Gunn Garland Road may be a potential meeting
location for residents so that they can walk or have a short walk to attend.
PROJECT AREA
FIGURE 2.1: Project area includes Gunn Garland Road and Gunn Garland Court.
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Packet Pg. 128 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
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3. Existing Facilities
3.1 Location Map
Refer to Exhibits 5.3.1 and 5.3.2 on pages 11-12 which show the existing water and sewer utilities in the vicinity. An
existing 12” waterline is located along Tom Fork Road and crosses Gunn Garland Road, which is approximately 850'
north of the intersection of Gunn Garland Road with Gunn Garland Court. VDOT right-of-way is available for
installation of a new water main. An 8” gravity sewer exists along Witcher Road to the east which discharges to the
Witcher Road Pump Station, and wastewater is ultimately pumped to the City of Danville via forcemain along US 58.
3.2 History
The homes along Gunn Garland Road are served by private wells and drainfields. It is assumed that the wells and
drainfields were installed the same time the homes were constructed, which ranges from 1940-1996, or 25-81 years
old. It was noted by the Virginia Department of Health (VDH) in 2019 that at least one property shared a well with an
adjacent property. It is uncertain if this situation has been resolved, but it could create a problem if the properties
were to be sold to another party and an easement for access to the well had not been previously granted. Generally,
there are shrink/swell soils in the area which are not conducive for properly functioning drainfields.
The Witcher Road sewer and pump station were installed in 2010 as a part of a CDBG project.
3.3 Condition of Existing Facilities
Through discussions with the Virginia Department of Health (VDH), Pittsylvania County Office of Environmental Health, it was noted that there was one (1) well replacement in recent years for a home on Gunn Garland Road. In addition, Pittsylvania County Service Authority (PCSA) was aware of one (1) property that shared a well with an adjacent property. The Witcher Road Pump Station was inspected by Dewberry as a part of the 2019 PCSA Pump Stations Condition Assessment project. There is a well-maintained access road and well-established stormwater features on site. The station is surrounded by a lockable fence with a wooden pump control rack covered with a wood truss roof. The station was in sound condition structurally and mechanically. The hatches, rails and piping are in good condition and the site lighting is operational. A flow meter is installed in the valve vault, however it was never wired to the control panel for a read out. The leads to the device were found unconnected in the control panel. The station has a level pressure transducer for pump control, but no back up floats. The pumps installed are Wilo, designed for 182 gpm, 125’ TDH and 22.6 HP. A drawdown test was performed, and Pump 1 delivered 223 gpm at 104’ TDH, and Pump 2 delivered 224 gpm at 96’ TDH. The pumps appear to be pumping at a higher rate and lower pressure than their design point.
Pump Station Valve Vault
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GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
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Pump Control Panel & Junction Box Utility Meter
The existing drainage ditches on either side of the road are blocked with debris, ponded in some areas, and generally need redeveloped to promote positive drainage downstream. Some of the storm culverts under driveways are deteriorated or broken.
Flooded Storm Culvert Due to Poor Drainage Debris Backing up Driveway Culvert
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Ditch Washed Out without Positive Slope Drainage Ditch from Gunn Garland Court Gunn Garland Road is paved; however, Gunn Garland Court is not. There are numerous potholes and damage to the Gunn Garland Court road.
Gunn Garland Road Gunn Garland Road
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Packet Pg. 131 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
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Gunn Garland Court Potholes Gunn Garland Court Washed Out Gravel
4. Need for Project
4.1 Health, Sanitation and Security
As described in Section 3.3, the homes in the project area are served by wells and drainfields, some with undesirable
existing conditions. Providing safe and reliable water and sewer service to this neighborhood is paramount. These
improvements will bring Gunn Garland Road up to the same development standards as the surrounding roads,
Ringgold Road and Witcher Road.
4.2 Aging Infrastructure
The homes in this area were built in the 1940’s to mid-1990’s, most in the 1960’s, and it is assumed that the wells
and drainfields were installed at the same time. Therefore, they have been in service for 25-80 years. VDH was
contacted to receive any records on file for this infrastructure. There were seven total records found in the project
area, some of which are under names that no longer match the current property owners. These records generally
indicate that the drainfields are in the rear of the properties, and the wells are near the house, a minimum of 100’ from
the drainfield. Since records do not exist for all homes, the contractor will need to do some exploratory work to
identify the location of existing utilities underground on each property during construction.
5. Alternatives Considered
Two alternatives were considered for both the water and sewer improvements. For each water alternative, all
participating residences will be connected to the new proposed waterline along Gunn Garland Road and the existing
wells will be demolished in place. For each sewer alternative, the existing discharge sewer from each residence will
be extended to tie into the new public sewer, and the private septic tanks will be demolished in place. For all
alternatives considered, stormwater drainage improvements will be implemented for the entire neighborhood. Some
of these may occur on private property as necessary. The existing ditches along either side of the road will be
improved for proper drainage to the downstream creek.
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5.1 Description
Water Alternatives
1. Extend Waterline to Gunn Garland Road
An existing 12-inch waterline exists along Tom Fork Road, which is the northernmost side of Gunn Garland
Road. This alternative extends 6-inch waterline to the required customers along Gunn Garland Road and
Gunn Garland Court. The waterline will be routed along the west side of the road, and the service laterals to
the east side can either be directionally drilled to minimize pavement repairs, or open cut. Service
connections will be extended to all customers’ existing well lines.
2. Loop to Ringgold Road via Clark Street
The second alternative includes everything in the first alternative but will also include extending waterline
along Clark Street and tie into the existing 8-inch on Ringgold Road. This alternative will create a loop in
this residential area which eliminates a dead-end condition that can result in deterioration of water quality as
well as provide for improved resiliency through bi-directional service capability. The cost estimate provided
for this alternative adds 13 water connections to the properties along Clark Street.
Sewer Alternatives
1. Gravity Sewer along Gunn Garland, Tie-in to Witcher Road
Based on a preliminary evaluation of topography in the area, gravity sewer can be extended from the
northernmost side of Gunn Garland Road south to Gunn Garland Court, and east along private properties to
tie into the existing gravity sewer along Witcher Road. Private property easements will be required to extend
the sewer cross country to connect Gunn Garland Road to Witcher Road. The gravity sewer will be routed
along the east side of the road, and the service connections to the east side can either be directionally
drilled to minimize pavement repairs, or open cut. Service connections will be extended to all customers’
existing sewer discharge lines currently connected to septic tanks and drain fields. Existing septic tanks will
pumped out and demolished in-place.
2. Duplex Pump Station to Connect to US 58
Similar to the 2010 Witcher Road CDBG project, this alternative includes a gravity sewer along Gunn
Garland Road that will discharge to a new small pump station. From this new pump station, a new
forcemain will convey pumped wastewater to an existing 10” forcemain along US 58 to Danville. This
alternative will minimize the number of easements necessary, however, will require operation of another
pump station for a relatively low volume of wastewater.
5.2 Design Criteria Water The Gunn Garland Road neighborhood will be served by the 1 million gallon Cane Creek Centre Tank with an overflow elevation of 722.5’ (feet) and low tank elevation of approximately 684’. The home with the highest elevation in the project area is 580’ – which is 104’ lower than the low tank elevation, equivalent to 45 psi (2.31 feet = 1 psi). With the tank full, pressure will be approximately 62 psi. It is anticipated that the residents will experience residual pressure in the 60-90 psi range based upon home elevation and tank level at the time of demand. This pressure meets the minimum required 30 psi sustained residual pressure per the Virginia Waterworks Regulations. Considering a 500 gpm fire flow event, the pressure drop would be less than 5 psi with the bi-directional water connection, which is fed by the existing 16” on Ringgold Road – resulting in a worst case residential residual pressure during a fire event of 40 psi. Therefore, a 6-inch will provide adequate capacity and pressures above the required minimum of 20 psi to all users along Gunn Garland Road during a fire flow event. Sewer There are approximately 25 homes and a church currently connected to the 8-inch Witcher Road sewer. Assuming 100 gallons per person, and 2.5 people per home, then 6250 gpd of residential flow is discharged to the sewer from these customers. The church wastewater flows are estimated at 500 gpd. Therefore, an average flow of 6750 gpd with a peaking factor of 5 is 33,750 gpd (23 gpm) is estimated for the discharge to the pump station. Maximum capacity at minimum slope of 0.4% for an 8” sewer is 318 gpm. Additionally, there is adequate reserve capacity in the 182 gpm rated pump station for the additional 15± homes along Gunn Garland Road.
10.B.1.a
Packet Pg. 133 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
10
Up to 15 additional homes from Gunn Garland Road discharging 100 gallons per person, 2.5 people per home, is equivalent to 3750 gpd. With a peaking factor of 5; 18,750 gpd (13 gpm). Reserve capacity in Witcher Road receiving sewer and pump station considering Gunn Garland Road:
• Gravity sewer: 318 gpm – 23 gpm – 13 gpm = 282 gpm
• Pump station: 182 gpm – 23 gpm – 13 gpm = 146 gpm
5.3 Map
The following two exhibits are included as attachments showing the proposed alternatives:
• 5.3.1 – Water Alternatives
• 5.3.2 – Sewer Alternatives
5.4 Environmental Impacts
The project site is a mile from the nearest creek. The sewer alternative will ultimately parallel a creek to Witcher Road
gravity sewer. Therefore, local erosion and sediment control is the primary environmental concern during
construction, however, there will not be any direct crossings or impacts to the creek. If the total land disturbance is
over 1 acre, a DEQ General Construction permit for land disturbance and handling of stormwater will be required.
Regardless, a local E&S permit from Pittsylvania County will be required. The contractor will be required to maintain
all erosion and sedimentation prevention measures to protect downstream properties from the impacts of unmitigated
stormwater runoff during construction.
10.B.1.a
Packet Pg. 134 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
PROJECT PROJ. NO.
TITLE DATE SHEET NO.
DRAWING NO.
REVISION
551 Piney Forest Road
Danville, VA 24540-3353
434.797.4497
Dewberry Engineers Inc.
00000000
N/A FIGURE
5.3.1
50131749
1/22/2021
GUNN GARLAND ROAD
WATER AND SEWER PER
WATER ALTERNATIVES
400'0'800'
SCALE: 1" = 400'
200'
OPTION 1
WATERLINE TO GUNN
GARLAND COURT
OPTION 2
CONTINUE WATERLINE
FROM GUNNN GARLAND
COURT TO RINGGOLD RD
10.B.1.a
Packet Pg. 135 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
PROJECT PROJ. NO.
TITLE DATE SHEET NO.
DRAWING NO.
REVISION
551 Piney Forest Road
Danville, VA 24540-3353
434.797.4497
Dewberry Engineers Inc.
00000000
N/A FIGURE
5.3.2
50131749
1/22/2021
GUNN GARLAND ROAD
WATER AND SEWER PER
SEWER ALTERNATIVES500'0'1000'SCALE: 1" = 500'250'OPTION 1GRAVITY SEWERFROM TOM FORKROAD TO EXISTINGWITCHER ROADPUMP STATIONOPTION 2CONTINUE GRAVITYSEWER TO NEWPUMP STATIONPUMP STATION
10.B.1.aPacket Pg. 136Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn
WPPDC 2020-13
#50131749
13
5.5 Land Requirements
A temporary construction easement will be required from each of the participating property owners to connect their
existing water and sewer utilities to the new public water and sewer lines. Since location of septic tanks and wells
have not been surveyed, a uniform length of easement has been considered for all properties. Appraised land value
and total area of the properties were obtained through the Pittsylvania County GIS system.
Table 5.5.1 – Temporary Construction Easements Required
House
Number Property Owner
Appraised Land
Value
Total Land
Area
(Acres) Price per Acre
Temporary Easement
Required, Acres
(300 LF, 20' width)
Temporary Easement
Estimated Cost
(50% cost per acre)
Gunn Garland Road
220 PATRICIA WILLIAMS $5,000.00 0.22 $22,727.27 0.138 $1,565.24
244 MATTHEW & HAZEL GARLAND $5,000.00 0.22 $22,727.27 0.138 $1,565.24
268 MATTHEW & ERMA GARLAND $5,000.00 0.22 $22,727.27 0.138 $1,565.24
269 WILLIE LEE $8,000.00 0.67 $11,940.30 0.138 $822.33
300 MARY SUE SHERMAN $8,000.00 0.85 $9,411.76 0.138 $648.19
301 ALICE & JACKIE STAMPS $8,000.00 0.87 $9,195.40 0.138 $633.29
304 ANDREW & GEORGIA GARLAND $10,000.00 0.66 $15,151.52 0.138 $1,043.49
324 FRANCES GARLAND $6,000.00 0.41 $14,634.15 0.138 $1,007.86
384 ESSIE GUNN & ROSA PICKETT $8,000.00 0.78 $10,256.41 0.138 $706.36
Gunn Garland Court
193 GRACIE & BRIAN GUNN $5,000.00 0.22 $22,727.27 0.138 $1,565.24
211 MAE GARLAND $5,000.00 0.22 $22,727.27 0.138 $1,565.24
225 RONALD AND JOYCE STAMPS $8,000.00 1 $8,000.00 0.138 $550.96
236 CHARLES & EDWARD GWYNN $4,500.00 0.22 $20,454.55 0.138 $1,408.72
238 CHARLES GWYNN $7,500.00 1.21 $6,198.35 0.138 $426.88
TOTAL $15,074.30
Extension of water and sewer along Gunn Garland Road can primarily be within VDOT right-of-way, therefore not
requiring easements. For sewer alternative #1, which extends gravity sewer to Witcher Road, private property
easements will be required. A preliminary summary of anticipated cost is provided below:
Table 5.5.2 - Sewer Alternative #1 – Gravity Sewer to Witcher Road
Property Owner
Appraised
Land Value
Total
Land
Area
(Acres)
Price per
Acre
LF of
Sewer
Permanent
Easement
Required
(20' width)
Permanent
Easement
Estimated Cost
(straight cost
per acre)
Temporary
Easement
Required
(add. 10'
each side)
Temporary
Easement
Estimated
Cost (50%
cost per
acre) Total Cost
MARY SUE SHERMAN $8,000.00 0.85 $9,411.76 370 0.170 $1,598.88 0.170 $799.44 $2,398.31
CHARLES GWYNN $7,500.00 1.21 $6,198.35 550 0.253 $1,565.24 0.253 $782.62 $2,347.86
MARY SUE SHERMAN &
WILBERT GARLAND $36,000.00 16.35 $2,201.83 475 0.218 $480.20 0.218 $240.10 $720.30
GREGORY AND JENNIFER
WILKERSON $202,300.00 72.14 $2,804.27 1245 0.572 $1,602.99 0.572 $801.50 $2,404.49
VICKIE BERKLEY $10,500.00 4.62 $2,272.73 175 0.080 $182.61 0.080 $91.31 $273.92
TOTAL 2815 1.29 $5,429.92 1.29 $2,714.96 $8,144.87
For sewer alternative #2, which extends gravity sewer to a new pump station south of Gunn Garland Road, easement
acquisition for the pump station will be required. A preliminary summary of anticipated cost is provided below:
Table 5.5.3 - Sewer Alternative #2 – New Pump Station on Gunn Garland Road
Property Owner Appraised Land Value Total Land Area (Acres) Price per Acre Permanent Easement Required (acres) Permanent Easement Estimated Cost (straight cost per acre)
CARRIE AND JAMES CIFERS $44,700.00 2.2 $20,318.18 0.5 $10,159.09
10.B.1.a
Packet Pg. 137 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
14
5.6 Potential Construction Problems
Existing well and drainfield records held by VDH only date back to 1990. If any infrastructure has not had a change in
ownership or improvements to the infrastructure in the last 30 years, there may not be records on file. In this case,
site visits with the property owners will be required during the design phase to try and determine the location of the
infrastructure underground to show on the drawings. The contractor will need to tie in the existing well supply line to
the new waterline on Gunn Garland, and also tie in the existing sewer discharge line from the septic tank over to the
new sewer along Gunn Garland. The wells will have to be grout filled for proper closure and septic tanks demolished
in-place.
These factors create some unknowns until construction. PCSA should be aware of this and understand based on the
magnitude of the work and the number of properties included, this could result in either inflated bid pricing if all risk is
on the contractor, or potential change orders if the County wants to take on responsibility for unknowns on private
property.
Lastly, easement acquisition could result in schedule delay if property owners are unwilling to agree with the terms
prepared by the County. Some property owners do not live in the actual dwelling unit and could be hard to reach.
Condemnation may be required in some circumstances. This process should begin as early as possible.
5.7 Sustainability Considerations
In general, gravity sewer is preferred to a pump station for the following sustainability considerations:
• Minimizing the number of pump stations is preferred to minimize power consumption as well as other related
operational cost.
• The Witcher Road pump station has adequate reserve capacity and is underutilized. The connection of the
Gunn Garland sewer will contribute to maximizing the efficiency of the station.
5.8 Cost Estimates
Table 5.8.1 - Water Alternative 1 - 6" Waterline to Customers
L.I. Description Qty Unit Unit Price Total Price
1 Mobilization + Site Prep 1 LS $52,400 $52,400
2 Erosion + Sediment Control 1 LS $28,400 $28,400
3 6" Tie-in to Existing 12" - Tom Fork Road 1 EA $7,800 $7,800
4 6" PVC Waterline 1800 LF $70 $126,000
5 6" Gate Valve 2 EA $4,300 $8,600
6 Air Release Valve 1 EA $7,500 $7,500
7 Fire Hydrant Assembly 2 EA $5,500 $11,000
8 Residential Water Meter and Service Connection 15 EA $500 $7,500
9 Extension of Residential Waterline to Property Line 2250 LF $20 $45,000
10 Residential Well Demolition 15 EA $3,500 $52,500
11 Stormwater Drainage Improvements 1 LS $12,500 $12,500
12 Driveway Repair - Gravel 10 EA $2,500 $25,000
13 Driveway Repair - Concrete 1 EA $7,500 $7,500
14 Driveway Repair - Asphalt 4 EA $9,500 $38,000
15 Site Restoration 1 LS $26,600 $26,600
Construction Subtotal $456,300
Contingency (10%) $45,700
Construction Total $502,000
Engineering + Survey $71,300
Permitting $5,000
Inspection $16,640
Easements $7,524
Legal + Administrative $6,250
Project Total $608,800
10.B.1.a
Packet Pg. 138 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
WPPDC 2020-13
#50131749
15
Table 5.8.2 - Water Alternative 2 - 6" Loop to Ringgold Road
L.I. Description Qty Unit Unit Price Total Price
1 Mobilization + Site Prep 1 LS $83,200 $83,200
2 Erosion + Sediment Control 1 LS $50,400 $50,400
3 6" Tie-in to Existing 12" - Tom Fork Road 1 EA $7,800 $7,800
4 6" PVC Waterline 3000 LF $70 $210,000
5 20" Steel Casing Open Cut Installation 20 LF $175 $3,500
6 6" Tie-in to Existing 8" - Ringgold Road 1 EA $5,500 $5,500
7 6" Gate Valve 4 EA $4,300 $17,200
8 Air Release Valve 2 EA $7,500 $15,000
9 Fire Hydrant Assembly 3 EA $5,500 $16,500
10 Residential Water Meter and Service Connection 28 EA $500 $14,000
11 Extension of Residential Waterline to Property Line 4200 LF $20 $84,000
12 Residential Well Demolition 28 EA $3,500 $98,000
13 Stormwater Drainage Improvements 1 LS $12,500 $12,500
14 Driveway Repair - Gravel 10 EA $2,500 $25,000
15 Driveway Repair - Concrete 1 EA $7,500 $7,500
16 Driveway Repair - Asphalt 4 EA $9,500 $38,000
17 Site Restoration 1 LS $47,200 $47,200
Construction Subtotal $735,300
Contingency (10%) $73,600
Construction Total $808,900
Engineering + Survey $97,100
Permitting $5,000
Inspection $16,640
Easements $7,524
Legal + Administrative $6,250
Project Total $941,500
Table 5.8.3 - Sewer Alternative 1 - Gravity to Witcher Road
L.I. Description Qty Unit Unit Price Total Price
1 Mobilization + Site Prep 1 LS $76,300 $76,300
2 Erosion + Sediment Control 1 LS $42,000 $42,000
3 Clearing and Grubbing 1160 LF $15 $17,400
4 8" PVC Gravity Sewer 3750 LF $85 $318,750
5 Manhole 10 EA $5,500 $55,000
6 Residential Sewer Connection 15 EA $250 $3,750
7 Extension of Residential Sewer to Property Line 2250 LF $35 $78,750
8 Septic Tank Demolition 15 EA $1,500 $22,500
9 Stormwater Drainage Improvements 1 LS $12,500 $12,500
10 Site Restoration 1 LS $49,700 $49,700
Construction Subtotal $676,700
Contingency (10%) $67,700
Construction Total $744,400
Engineering + Survey $93,100
Permitting $7,500
Inspection $16,640
Easements $15,669
Legal + Administrative $8,500
Project Total $885,900
10.B.1.a
Packet Pg. 139 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
16
Table 5.8.4 - Sewer Alternative 2 - Gravity to New Pump Station
L.I. Description Qty Unit Unit Price Total Price
1 Mobilization + Site Prep 1 LS $87,400 $87,400
2 Erosion + Sediment Control 1 LS $27,700 $27,700
3 8" PVC Gravity Sewer 1700 LF $85 $144,500
4 Manhole 5 EA $5,500 $27,500
5 Residential Sewer Connection 15 EA $250 $3,750
6 Extension of Residential Sewer to Property Line 2250 LF $35 $78,750
7 Septic Tank Demolition 15 EA $1,500 $22,500
8 Duplex Pump Station 1 LS $250,000 $250,000
9 24" Steel Casing Jack and Bore Under US 58 60 LF $450 $27,000
10 6" PVC Forcemain 100 LF $75 $7,500
11 6" FM tie-in to Existing 10" along US 58 1 EA $8,500 $8,500
12 Stormwater Drainage Improvements 1 LS $12,500 $12,500
13 Site Restoration 1 LS $57,000 $57,000
Construction Subtotal $754,600
Contingency (10%) $75,500
Construction Total $830,100
Engineering + Survey $97,200
Permitting $5,000
Inspection $16,640
Easements $17,683
Legal + Administrative $6,250
Project Total $972,900
Table 5.8.5 - Road Improvements
L.I. Description Qty Unit Unit Price Total Price
1 Gunn Garland Road - 2" SM-9.5 Surface Course 357.5 TON $185 $66,138
2 Gunn Garland Court - 4" #21A/#21B Aggregate Base 236.5 TON $35 $8,278
3 Gunn Garland Court - 3" BM-25 Base Course 473 TON $120 $56,760
4 Gunn Garland Court - 2" SM-9.5 Surface Course 430 TON $185 $79,550
Construction Subtotal $144,600
Contingency (10%) $14,500
Construction Total $159,100
10.B.1.a
Packet Pg. 140 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
WPPDC 2020-13
#50131749
17
6. Selected Alternative
Considering constructability, project cost, and long-term sustainability, Water Alternative #2 and Sewer Alternative
#1 are recommended. Exhibit 6.0 is provided attached indicating the locations of the proposed utilities.
The water alternative includes extending waterline to the project participants, but will also include extending waterline
along Clark Street and tie into the existing 8-inch on Ringgold Road. This alternative will create a loop in the
residential neighborhood which supports water system resiliency and improved water quality, and will also tie-in 13
residents along Clark Street. If the loop is not refundable by the CDBG grant, it is recommended that the County
considers providing a match to complete the fully looped project alternative.
The gravity sewer extension from the northernmost side of Gunn Garland Road south to Gunn Garland Court, and
east along private property to tie into the existing gravity sewer along Witcher Road is recommended. Private
property easements will be required to extend the sewer cross country to connect Gunn Garland Road to Witcher
Road. However, there is an existing pump station on Witcher Road with adequate reserve capacity to serve Gunn
Garland Road. The alternative to build a new pump station would not be an efficient nor be as reliable of a solution
and will require increased maintenance and mechanical equipment that is otherwise unnecessary. Additionally,
annual operations and maintenance cost will be significantly higher with a pump station, ultimately making the
alternative a higher life cycle cost alternative. The chosen gravity system alternative is recommended for simplicity of
the system and ease of long-term operations and maintenance. Additionally, this solution will provide for additional
service capability to serve additional future residential or light commercial growth anticipated along its proposed
route.
Similar to the Witcher Road project, the waterline will be routed along the west side of the road, and the sewer will be
routed along the east side.
6.1 Life Cycle Cost Analysis
The table below shows the present worth considering 20 years. The annual operations and maintenance cost
estimated below is based on the fact this will be new infrastructure. To calculate the present worth of annual cost, a
term of 20 years and amortization rate of 3% is used.
Table 6.1.1 – Life Cycle Cost Analysis
Utility Capital Cost Estimated Annual Cost P/A, n = 20, i = 3% Present Worth
Water $941,500 $3,500 $52,071 $993,571
Sewer $885,900 $2,500 $37,194 $923,094
6.2 Total Project Cost Estimate
Table 6.2.1 – Project Cost Summary
Water Improvements $735,300
Sewer Improvements $676,700
Road Improvements $144,600
Construction Subtotal $1,556,600
10% Contingency $155,700
Construction Total $1,712,300
Engineering + Survey $169,600
Permitting $12,500
Inspection $33,300
Easements $23,200
Legal + Administrative $14,800
Project Total $1,965,700
10.B.1.a
Packet Pg. 141 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
GUNN GARLAND ROAD UTILITIES PRELMINARY ENGINEERING REPORT PITTSYLVANIA COUNTY, VA
18
6.3 Non-Monetary Factors
• Though the recommended water alternative will cost more, it will ultimately be the most cost-effective way to
extend water down Gunn Garland and Clark Street by having the contractor install while they are procured
for this project. This loop eliminates a dead-end condition that can result in deterioration of water quality as
well as provide for improved resiliency through bi-directional service capability.
• Cost for easements were based upon land appraisal values provided on Pittsylvania County GIS. Temporary
construction easements are estimated to be 50% of cost per acre, and permanent easements are estimated
to be full cost per acre. The County may enter into an agreement with property owners to exchange
easements for free connections to the water and sewer system. The costs shown are for financial planning
purposes.
6.4 Permit Requirements
The following construction permits are anticipated for this project:
• VA DEQ General Construction Permit for stormwater and land disturbance
• Pittsylvania County Land Disturbance Permit
• VA DEQ Certificate to Construct and Certificate to Operate for sewer improvements
• VDH Authorization of Construction
• USACE Nationwide 12 Permit – potential for wetlands along sewer corridor near creek
• VDOT Land Use Permit
6.5 Project Schedule
Table 6.5.1 - Gunn Garland Road Utilities Preliminary Schedule
2021 2022
Description 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12
Condition Assessment and PER
Funding Approval
Design - 50%
Design - 75%
Design - Approvals/Final Bid Set Ready
Advertising and Bidding
Notice of Award
Notice to Proceed
Construction (Substantial Completion)
Final Completion
6.6 Conclusions and Recommendations
• Water recommendation – loop 8” waterline from Tom Fork Road, south down Gunn Garland Road (with
extension to Gunn Garland Court), west along Clark Street, and tie-in to existing 8” on Ringgold Road.
• Sewer recommendation – extend gravity sewer from Tom Fork Road, south down Gunn Garland Road to
the end of the project area, and east through private property easement to tie in at Witcher Road.
• Initiate design contract with an engineer to develop water and sewer improvements drawings and
specifications for bidding and construction.
• The County should initiate the easement acquisition process as soon as possible. This will require field
survey and development of easement exhibits by an engineer for County use.
• As noted in previous Management Team meetings, the County should contact VDOT to formally request
participation in the Gunn Garland Road and Court improvements. If VDOT will not participate, funds for the
improvements should be requested by DHCD. The County needs to consider if they will fund the road
improvements if no partners choose to participate in cost sharing. Preliminary cost estimate is provided in
Table 5.8.5.
10.B.1.a
Packet Pg. 142 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
PROJECT PROJ. NO.
TITLE DATE SHEET NO.
DRAWING NO.
REVISION
551 Piney Forest Road
Danville, VA 24540-3353
434.797.4497
Dewberry Engineers Inc.
00000000
N/A FIGURE
6.0
50131749
1/22/2021
GUNN GARLAND ROAD
WATER AND SEWER PER
SELECTED ALTERNATIVES
(LOOP WATER, GRAVITY
FOR SEWER)500'0'1000'SCALE: 1" = 500'250'OPTION 18" GRAVITY SEWERFROM TOM FORK RDTO WITCHER ROADPUMP STATIONOPTION 2CONTINUE 8" WATERLINEFROM GUNN GARLANDCOURT TO RINGGOLD RDPump StationPump Station10.B.1.aPacket Pg. 143Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn
www.dewberry.com
10.B.1.a
Packet Pg. 144 Attachment: 2021.3.2 - Gunn Garland Infrastructure PER - Preliminary (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: Emily
Year Built O/R Roof Gutters Chimney Siding Paint Windows Doors Porches Crawl Sp. Insulation Extermin. Electrical Plumbing Heating Structural Appliance
TOTAL
BASE Green Bld Handicap Water/Sewer Addi Bdrm Asbestos Lead Survey
TOTAL
EXCEPTIONS
TOTAL BASE
+ EXCEP.Demo Sum
1960 O 900 5,000 500 3,500 1,500 800 500 2,000 800 2,500 1,000 6,000 25,000 2,500 2,500 27,500 27,500
1956 O 8,000 900 500 500 4,000 2,000 500 1,500 800 500 1,000 4,800 25,000 5,000 2,500 7,500 32,500 32,500
1940 O 5,000 600 4,500 2,000 2,500 2,500 2,500 1,000 3,500 800 5,500 5,500 6,000 25,500 1,500 68,900 4,000 3,000 1,000 8,000 76,900 7,500 84,400
1970 O 5,000 600 4,500 2,000 2,500 2,500 2,500 3,000 3,500 800 5,500 5,500 6,000 25,500 1,500 70,900 4,000 1,000 5,000 75,900 9,000 84,900
1970 O 5,000 600 4,500 2,000 2,500 2,500 2,500 3,000 3,500 800 5,500 5,500 6,000 25,500 1,500 70,900 4,000 1,000 5,000 75,900 9,000 84,900
1967 O 900 2,000 800 1,000 500 4,500 9,700 4,500 1,000 5,500 15,200 15,200
1965 O 900 500 1,000 1,500 2,500 1,000 800 4,500 4,500 6,500 23,700 2,000 2,000 25,700 25,700
1950 O 5,000 900 4,500 2,000 2,500 2,500 2,500 1,000 3,500 800 5,500 5,500 6,000 25,500 1,500 69,200 6,000 4,000 1,000 1,000 12,000 81,200 9,000 90,200
1980 O 5,000 900 4,500 2,000 2,500 2,500 2,500 1,000 3,500 800 5,500 5,500 6,000 25,500 1,500 69,200 4,000 1,000 5,000 74,200 9,000 83,200
0 0 0
0 0 0
0 0 0
0 0
432,500 52,500 43,500 528,500
Substantial Reconstruction 427,600
Owner-Occupied Rehab 100,900
Investor-Owned Rehab
Gunn Garland Road Housing Rehabilitation Project
Construction Cost Estimates
Prepared by: Cedric Stovall
Pittsylvania County
10.B.1.b
Packet Pg. 145 Attachment: 2021 Cost Est Housing Budget Gunn Garland Planning Grant (2395 : Public Hearing: Gunn Garland CDBG Grant (Staff Contact: