07-20-2021 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, July 20, 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. June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. June Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde)
c. Resolution # 2021-07-01 (Beatrice Robertson) Adoption (Supervisor Farmer)
d. Southern Area Agency on Aging Appointment (Jack Gates, Jr.); (Staff Contact:
Kaylyn M. McCluster)
e. FY 23 PSAP Education Program Grant Application (Staff Contact: Christopher C.
Slemp)
f. Notice of Intent to Hold Public Hearing to Commence VDOT Study to Potentially
Enact a "No Through Trucks" Restriction on S.R. 794 (Old Mine Road); (Callands-
Gretna District) Approval (Supervisor Farmer)
g. Health Insurance Changes Approval (Staff Contact: Kimberly G. Van Der Hyde)
8. PRESENTATIONS
a. Resolution # 2021-07-01 (Beatrice Robertson) Presentation (Supervisor Farmer)
Business Meeting - July 20, 2021
b. Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration
(Staff Contact: Emily S. Ragsdale)
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-21-016; Stella and Joanna Hunt; Rezoning from
R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (Supervisor Dudley)
Case 2: Public Hearing: Case R-21-017 Garland and Kathryn Bennett; Rezoning
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District. (Supervisor Farmer)
B. Other Public Hearings
Each person addressing the Board under a Public Hearing shall step up, give his/her
name and district, and/or his/her place of residency for non-County citizens, in an
audible tone of voice for the record, and unless further time is granted by the
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: Revision to PCC § 35-82.4 (Parking Space Requirements); (Staff
Contact: Emily S. Ragsdale)
Business Meeting - July 20, 2021
2. Public Hearing: PCC § 6-21 (Potential Meals Tax Increase) Revisions (Staff Contact:
Kimberly G. Van Der Hyde)
3. Public Hearing: PCC Chapter 6 Revision (Transient Occupancy Tax Creation); (Staff
Contact: Kimberly G. Van Der Hyde)
4. Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact:
Chris Adcock)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a. Resolution # 2021-07-02 (Revised Solid Waste Management Plan) Adoption (Staff
Contact: Chris Adcock)
b. MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D.
Rowe)
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: June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: July 20, 2021 Item Number: 7.a
Attachment(s):
06-15-2021 Joint Meeting Minutes - DRAFT
06-15-2021 Finance Committee Meeting Minutes - DRAFT
06-15-2021 Work Session - DRAFT
06-15-2021 Business Meeting - DRAFT
06-22-2021 Called Meeting - DRAFT
Reviewed By:
7.a
Packet Pg. 4
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
JOINT MEETING
June 15, 2021
VIRGINIA: The Joint Meeting of the Pittsylvania County Board of Supervisors and the
Pittsylvania County School Board was held on June 15, 2021, in the Board Meeting Room, 39
Bank Street, SE, Chatham, Virginia 24531. Robert W. Warren, Chairman, called the Meeting to
Order at 11:30 AM. The following Board Members were present:
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman; Chatham Blairs District Present 11:32 AM
Ronald S. Scearce Vice-Chairman; Westover District Present 11:32 AM
Joe B. Davis Supervisor; Dan River District Present 11:23 AM
Timothy W. Dudley Supervisor; Staunton River District Present 11:14 AM
William V. ("Vic") Ingram Supervisor; Tunstall District Present 11:21 AM
Charles H. Miller, Jr. Supervisor; Banister District Present 11:26 AM
The following School Board Members were also present:
J. Samuel Burton; Calvin D. Doss; George V. Henderson; Raymond C. Ramsey
AGENDA ITEMS TO BE ADDED
None.
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Ingram, Miller
ABSENT: Farmer
NEW BUSINESS
a. Update on County Wireless Broadband Project (Staff Contact: David M.
Smitherman); (Presenter: Eric Cramer)
River Street’s representative, Eric Cramer, was present and gave the Boards an update on the
County Wireless Broadband Project. The presentation can be found on the County’s website at
www.pittsylvaniacountyva.gov.
MATTERS FROM BOARD MEMBERS
None.
CLOSED SESSION
7.a.a
Packet Pg. 5 Attachment: 06-15-2021 Joint Meeting Minutes - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Joint Meeting
Motion to enter Closed Session.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Ingram, Miller
ABSENT: Farmer
The Board entered Closed Session at 11:58 PM.
a. Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: RDOF Legal Agreement
Purpose: Legal Consultations/Advice Regarding the Same
RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 2:02 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Joint Meeting of the Pittsylvania County Board of
Supervisors (“Board”) on June 15, 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
Ingram Yes
Miller Yes
Scearce Yes
Warren Yes
ADJOURNMENT
Warren adjourned the Meeting at 2:04 PM.
7.a.a
Packet Pg. 6 Attachment: 06-15-2021 Joint Meeting Minutes - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
FINANCE COMMITTEE
June 15, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ Finance Committee was
held on June 15, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia
24531. Ronald S. Scearce, Chairman, called the Meeting to Order at 2:30 PM. The following
members were present:
Attendee Name Title Status Arrived
Ronald S. Scearce Chairman; Westover District Present 2:22 PM
Charles H. Miller, Jr. Supervisor; Banister District Present 2:19 PM
Joe B. Davis Supervisor; Dan River District Present 2:20 PM
Timothy W. Dudley Supervisor; Staunton River District Present 2:21 PM
Warren and Ingram were also present.
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Scearce, Miller, Davis, Dudley
NEW BUSINESS
a. External Funding Appropriations (Staff Contact: Kim Van Der Hyde)
Consensus of the Committee for no funding to be cut.
b. Selection of two (2) Volunteer Agencies for Annual Audit (Staff Contact: Kim G. Van
Der Hyde)
Hunt selected and Keeling Volunteer Fire Department and Callands Volunteer Fire Department
at random for the audit.
Motion for Keeling Volunteer Fire Department and Callands Volunteer Fire Department be
selected for an audit of cash receipts and disbursements by Harris, Harvey, Neal and Co., LLP.
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Scearce, Miller, Davis, Dudley
c. FY22 Contingency Budget Appropriations (Staff Contact: Kim G. Van Der Hyde)
Van Der Hyde reviewed FY22 Budget contingencies as presented in the packet.
7.a.b
Packet Pg. 7 Attachment: 06-15-2021 Finance Committee Meeting Minutes - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M.
Finance Committee
June 15, 2021
Motion to approve the purchase of the BJA Bulletproof Vests and the Purchase of one van for
the Sheriff’s Department.
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Scearce, Miller, Davis, Dudley
d. Solid Waste Equipment Purchase Financing (Staff Contact: Chris Adcock/Kim Van
Der Hyde)
Request for Proposal (“RFP”) # 2021-04-19 was issued for purchase of a rebuilt/used bulldozer
for County Landfill operations. Six (6) RFP responses were received on May 14, 2021. A
committee comprised of Public Works employees reviewed and ranked each RFP response based
on the following three (3) categories: (1) Qualifications/Experience of the offeror; (2)
Completeness/Responsiveness of the RFP response; and (3) Cost. Adcock stated that Marcel #1
is the top pick but presented all three (3) for the Committee’s review.
Warren stated he supports the middle choice (Marcel #2) due to the proposals all met the
specifications that the County requested. Davis also stated he would support the middle choice.
Motion to authorize County Staff to: (1) apply for financing and to enter the VRA fall bond sale;
and (2) award the bulldozer bid (Marcel #2) as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Miller
AYES: Scearce, Miller, Davis, Dudley
e. Review of Revenue Options (Staff Contact: Kim Van Der Hyde)
Due to the upcoming reassessment and the Board’s desire to rely less on real estate tax revenue,
County Staff suggested consideration of alternate revenue sources, including additional taxation
methods. By creating more revenue sources, the tax burden can be shared by more citizens than
just County property owners. County Staff reviewed and provided information on alternative
means of raising revenue for the County as follows:
1.) County Food and Beverage Tax (increasing from 4% to 6%)
2.) Transient Occupancy Tax
3.) Disposable Plastic Bag Tax
4.) Fire Tax
5.) Cigarette Tax
6.) Marijuana Tax
7.) Cable Franchise Fee
7.a.b
Packet Pg. 8 Attachment: 06-15-2021 Finance Committee Meeting Minutes - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M.
Finance Committee
June 15, 2021
County Staff recommended the Committee proceed with items 1 and 2. The other items would
require further research to see how other localities are handling these items. There was
consensus of the Committee to not consider the Disposable Plastic Bag Tax.
Motion to set two (2) separate Public Hearings to hear citizen input on: (1) increasing the meals
tax from 4% to 6%; and (2) instituting a Transient Occupancy Tax at a rate of 4%.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Scearce, Miller, Davis, Dudley
f. Parks and Recreation Full Time Program Assistant (Staff Contact: Holly E. Stanfield)
The County’s Parks and Recreation Department recommended transitioning the part-time
position of Administrative Assistant to a full-time position of Parks & Recreation Programs
Assistant. This position will continue to provide administrative support to the department,
including answering phones and greeting customers. In addition, the Program Assistant will
provide direct support to recreation programs, activities, and scheduling. With an increased
demand for a return to youth sports, rental, etc., there is a definite need for additional staffing to
help facilitate and grow departmental programs and events in service to the community.
Motion to approve the full-time position in Park & Recreation as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Davis
AYES: Scearce, Miller, Davis, Dudley
g. Time and Attendance Software (Staff Contact: Holly E. Stanfield)
The County’s Purchasing Department issued a Request for Proposals (“RFP”) for Time and
Attendance on February 9, 2021. County Staff posted the advertisement on its website, the
Virginia Business Opportunity site, and ran the advertisement in The Chatham Star Tribune.
The County received ten (10) proposals and had the top three (3) ranking vendors give a
presentation. The Evaluation Committee concluded that Andrews Technology was the best fit
for the County. The Contract will be for five (5) years.
Motion to award the Contract to Andrews Technology as attached and presented.
7.a.b
Packet Pg. 9 Attachment: 06-15-2021 Finance Committee Meeting Minutes - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M.
Finance Committee
June 15, 2021
RESULT: APPROVED [UNANIMOUS]
MOVER: Miller
SECONDER: Davis
AYES: Scearce, Miller, Davis, Dudley
h. Gretna Debt Relief Request (Staff Contact: Kim Van Der Hyde)
The County received a letter from David Lilly, Gretna Town Manager, on April 29, 2021,
concerning Gretna’s annual payment to the PCSA of $25,000 for the purchase of a water system
based on an existing Agreement between Gretna and PCSA executed in May of 2013. The
Agreement stipulated that Gretna would pay to PCSA a total of $350,000 for said water system
over a fourteen (14) year period. Gretna currently owes a balance to the PCSA of $125,000,
which it is requesting to be forgiven in its entirety due to budget constraints. The County Water
and Sewer Fund is currently using these payments to cover its existing Budget. Elimination of
this payment would create a $25,000 budgetary short fall from FY22 thru FY26.
Motion to the deny Gretna’s request for debt relief in the amount of $125,000.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Davis
AYES: Scearce, Miller, Davis, Dudley
i. Comp Board Pay Increase Adjustment (Staff Contact: Kim Van Der Hyde)
The State Compensation Board (“Comp Board”) approved a five percent (5%) Cost of Living
Adjustment (“COLA”) for all Comp Board reimbursable positions. Since this increase exceeded
the County’s approved COLA of 1.4%, the County was required to pay the 5% increase to all
Constitutional Office Staff to receive these funds from the State. As such, the County will be
paying all Constitutional Officers’ and their staff a 5% COLA, while County employees will
only receive 1.4%. For there not to be a disparity in salaries among all County Staff covered
under the County’s Pay Plan, it will be necessary to hold all Treasurer, Commissioner of
Revenue, and Sheriff’s Office Staff COLA increases until such time as the County employees
catch up to the 5% increase that was given this year. This could take several years to
accomplish.
Provided to the Committee was a letter to each Constitutional Office Staff Member in the
Treasurer, Commissioner of Revenue and Sheriff’s Office to explain this increase and how it will
affect them in the future. This letter will not be sent to the Commonwealth’s Attorney, nor the
Clerk of Court, since they do not participate in the County’s personnel policy or pay plan.
Motion to recommend that each Comp Board affected employee receive the explanation letter as
presented.
7.a.b
Packet Pg. 10 Attachment: 06-15-2021 Finance Committee Meeting Minutes - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M.
Finance Committee
June 15, 2021
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Scearce, Miller, Davis, Dudley
j. Items for July Finance Meeting (Staff Contact: Kim Van Der Hyde)
Van Der Hyde presented the following items that will need to be discussed at the July Finance
Committee Meeting:
a.) Economic Development Grading Options
b.) Review of CARES Act and ARPA projects
c.) Minimum Wage Change Requirement-Effective January 1, 2022
d.) EMS Hard Billing
k. Approval of FY2022 Volunteer Agency Appropriations (Staff Contact: Christopher C.
Slemp)
The Volunteer Fire and Rescue Agencies receive various amounts of funding from the County
during the year. The FY2018 County Budget changed Volunteer Agency support from a
reimbursement system to a direct appropriation. Due to many changes within the Fire and
Rescue System over the past years, it was determined that the funding needed to be studied and
possible changes needed to occur. The Fire and Rescue Commission (“FRC”) appointed an Ad-
Hoc Committee to review the allocation. The Ad-Hoc Committee met several times and made a
final recommendation to the FRC. The Committee suggested a funding formula that was based
more on call volume that other factors, and this was approved at the FRC’s April 27, 2021,
Meeting.
Motion to approve the appropriations as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Davis
AYES: Scearce, Miller, Davis, Dudley
MATTERS FROM COMMITTEE MEMBERS
None.
ADJOURNMENT
Scearce adjourned the Meeting at 4:15 PM.
7.a.b
Packet Pg. 11 Attachment: 06-15-2021 Finance Committee Meeting Minutes - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
WORK SESSION
June 15, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on
June 15, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531.
Chairman Warren called the Meeting to Order at 5:00 PM. The following Members were
present:
CALL TO ORDER (4:30 PM)
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman; Chatham Blairs District Present 4:47 PM
Ronald S. Scearce Vice-Chairman; Westover District Present 4:47 PM
Joe B. Davis Supervisor; Dan River District Present 4:48 PM
Timothy W. Dudley Supervisor; Staunton River District Present 4:48 PM
Ben L. Farmer Supervisor; Callands-Gretna District Remote
William V. ("Vic") Ingram Supervisor; Tunstall District Present 4:47 PM
Charles H. Miller, Jr. Supervisor; Banister District Present 4:48 PM
Farmer participated remotely via phone from 328 West Sandpiper Terrace, Nags Head, North Carolina
27959.
AGENDA ITEMS TO BE ADDED
Motion to remove item 8b from the Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scearce
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
ITEMS REMOVED FROM AGENDA
a. Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: RDOF Agreement
Purpose: Legal Consultation/Advice Regarding the Same
7.a.c
Packet Pg. 12 Attachment: 06-15-2021 Work Session - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Work Session
PRESENTATIONS
None.
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. Solid Waste Update (Staff Contact: Nicholas A. Morris); (15 minutes)
Morris presented a Solid Waste Update to the Board. The presentation can be found on the
County’s website at www.pittsylvaniacountyva.gov.
b. Music Festival Ordinance Revisions Discussion (Staff Contact: Emily S. Ragsdale);
(30 minutes)
Ragsdale presented the Board with potential revisions to the County's Music Festival Ordinance.
Provided to the Board was also Exhibit A, the Fee Schedule, to be included.
c. Finance Committee Recommendations (Staff Contact: David M. Smitherman); (5
minutes)
Hunt went over the Finance Committee’s recommendations to the Full Board:
-Keeling and Callands Volunteer Fire Departments are the two (2) Agencies selected to be
audited
-Monies for a Jail van and Bulletproof Vests for the Sheriff’s Department are appropriated from
the FY22 Contingency line
-County Staff is authorized to advertise for two (2) Public Hearings in July: (1) to potentially
raise the County Meals Tax from 4% to 6%, and (2) to implement a Transient Occupancy Tax
-Create a full-time Parks and Recreation Position
7.a.c
Packet Pg. 13 Attachment: 06-15-2021 Work Session - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Work Session
-Each Comp Board affected employee receive a letter as presented in the packet
-Fire and Rescue recommendations be adopted and the appropriations be approved
BUSINESS MEETING DISCUSSION ITEMS
None.
CLOSED SESSION
Motion to enter Closed Session.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joe B. Davis, Supervisor - Dan River District
SECONDER: Timothy W. Dudley, Supervisor - Staunton River District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
The Board entered Closed Session at 5:48 PM.
a. Discussion concerning a prospective business or industry or the expansion of an
existing business or industry where no previous announcement has been made of the
business' or industry's interest in locating or expanding its facilities in the community.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matters: Projects Solomon, AI, and other High
Value Advanced Manufacturing Prospects
Considering the Southern Virginia
Megasite
Purpose: Economic Development Updates on Unannounced
Industries/Prospective Businesses
RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 6:54 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that the Pittsylvania County Board of Supervisors (“Board”), on
June 15, 2021, 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
7.a.c
Packet Pg. 14 Attachment: 06-15-2021 Work Session - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Work Session
Davis Yes
Dudley Yes
Ingram Yes
Miller Yes
Scearce Yes
Warren Yes
ADJOURNMENT
Warren adjourned the Meeting at 6:56 PM.
7.a.c
Packet Pg. 15 Attachment: 06-15-2021 Work Session - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
BUSINESS MEETING
June 15, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held
on June 15, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531.
Robert W. Warren, called the Meeting to Order at 7:00 PM. The following Members were
present:
CALL TO ORDER (7:00 PM)
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman; Chatham Blairs District Present 6:46 PM
Ronald S. Scearce Vice-Chairman; Westover District Present 6:46 PM
Joe B. Davis Supervisor; Dan River District Present 6:46 PM
Timothy W. Dudley Supervisor; Staunton River District Present 6:47 PM
Ben L. Farmer Supervisor; Callands-Gretna District Remote
William V. ("Vic") Ingram Supervisor; Tunstall District Present 6:46 PM
Charles H. Miller, Jr. Supervisor; Banister District Present 6:48 PM
Farmer participated remotely via phone from 328 West Sandpiper Terrace, Nags Head, North Carolina
27959.
AGENDA ITEMS TO BE ADDED
Motion to add the following items to the Consent Agenda:
•Finance Committee Recommendations as a Block Vote:
-Keeling and Callands Volunteer Fire Departments to be the two (2) Agencies to be
audited
-Monies for a Jail van and Bulletproof Vests for the Sheriff’s Department should be
appropriated from the FY22 Contingency line
-Staff be authorized to advertise for two (2) Public Hearings in July; 1.) to potentially
raise the County Meals Tax from 4% to 6%, and 2.) to implement a Transient Occupancy
Tax
-Create a full-time Parks and Recreation Position
-Each Comp Board affected employee receive a letter as presented in the packet
-Fire and Rescue recommendations be adopted and the appropriations be approved
•DPCS Appointment - Chatham-Blairs District; Brent Shelton
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
7.a.d
Packet Pg. 16 Attachment: 06-15-2021 Business Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Business Meeting
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Miller
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
CONSENT AGENDA
Motion to approve Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Ingram
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. Resolution # 2021-06-01 (Rescind COVID-19 Local State of Emergency Declaration)
Adoption (Staff Contact: Kaylyn M. McCluster)
d. Resolution # 2021-06-02 (VDOT Rural Rustic Roads Designation); (Staff Contact: Kaylyn
M. McCluster)
e. Resolution # 2021-06-03 (VDOT Six (6)-Year Plan) Adoption (Staff Contact: Kaylyn M.
McCluster)
f. DPCS Appointment (Tunstall District); (Supervisor Ingram)
g. DSS Appointments (4); (Banister; Callands-Gretna; Chatham-Blairs; Tunstall); (Staff
Contact: Kaylyn M. McCluster)
h. Library Appointments (3); (Chatham-Blairs; Town of Hurt; Callands-Gretna); (Staff
Contact: Kaylyn M. McCluster)
i. CPMT Appointments (2); (Staff Contact: Cheryl J. Boswell)
j. Sheriff's Department Canine Ownership Transfers Approval (Contact: Sheriff Taylor)
k. Time and Attendance EFP Bid Award (Staff Contact: Connie M. Gibson)
l. Award of Bid for Solid Waste Roll off Truck (Staff Contact: Richard N. Hicks)
m. Finance Committee Recommendations
n. DPCS Appointment - Chatham-Blairs District; Brent Shelton
PRESENTATIONS
7.a.d
Packet Pg. 17 Attachment: 06-15-2021 Business Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Business Meeting
a. Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff Contact:
Chris Adcock)
Travis Fitzgerald spoke on behalf of his Refuse Rangers Residential Solid Waste Permit
application. Motion to approve Refuse Rangers Residential Solid Waste Permit application as
presented. Scearce stated the vehicles should obtain the proper insurance. Ingram amended his
Motion to include the insurance component. Miller abstained from the vote due to having a
family member involved.
RESULT: APPROVED [6 TO 0]
MOVER: Ingram
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram
ABSTAIN: Miller
HEARING OF THE CITIZENS
Julie Owen, Dan River District, spoke on the First Piedmont Landfill and feels like the voices of
the Music Festival are being heard more than theirs. Deborah Dix, Chatham-Blairs District,
spoke on future mining in the County by a Canadian company and that hard rock mining may be
coming to our area again. She requested the Board to consider attempting to stop this action.
PUBLIC HEARINGS
Rezoning Public Hearings
Case 1: Public Hearing: Case R-21-013: George and Kathy Jones; Rezoning from B-1,
Business District, Limited, to R-1, Residential Suburban Subdivision District (Supervisor
Farmer)
Warren opened the Public Hearing at 7:24 PM. George Jones was present to represent the
Petition. No one signed up to speak and Warren closed the Public Hearing at 7:25 PM.
Motion to approve the rezoning of 0.083 acres from B-1, Business District, Limited, to R-1,
Residential Suburban Subdivision District, to allow the subject property to be consolidated with
an adjacent parcel. The rezoning would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Farmer
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 2: Public Hearing: Case R-21-014: Robert Vaughan; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor
Dudley)
7.a.d
Packet Pg. 18 Attachment: 06-15-2021 Business Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Business Meeting
Warren opened the Public Hearing at 7:26 PM. Robert Vaughan was present to represent the
Petition. No one signed up to speak and Warren closed the Public Hearing at 7:27 PM.
Motion to approve the rezoning of 34.40 acres from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District, to allow for agricultural use. The rezoning would be
consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 3: Public Hearing: Case R-21-015: Ronnie Warren; Rezoning from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural (Supervisor Ingram)
Warren opened the Public Hearing at 7:28 PM. Ronnie Warren was present to represent the
Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:29 PM.
Motion to approve the rezoning of 6.45 acres, from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District, to allow a second dwelling on the property. The rezoning
would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [6 TO 1]
MOVER: Ingram
SECONDER: Dudley
AYES: Warren, Scearce, Dudley, Farmer, Ingram, Miller
NAYS: Davis
Other Public Hearings
1. Public Hearing: Potential Music Festival Ordinance Revisions Adoption (Staff
Contact: Emily S. Ragsdale)
Pittsylvania County Code (“PCC”), Chapter 10 (Music Festivals), regulates music or
entertainments festivals conducted in open spaces that continue for longer than six (6) hours.
Since this Ordinance has not been revised since 1991, and with large planned future music
festivals in the County, County Staff are proposing the attached revisions to ensure that the
Ordinance remains relevant and that the interest of the public health, safety, and welfare of
County residents continue to be protected.
Warren opened the Public Hearing at 7:33 PM. Gene Owen, Chatham-Blairs District, wanted to
share prayer with the Board regarding its decision on the Music Festival. Kathy Nixon,
Chatham-Blairs District, would like to see the specific hour of the event be replaced with the
number of tickets sold and she asked the Board to continue to take this seriously all the way to
7.a.d
Packet Pg. 19 Attachment: 06-15-2021 Business Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Business Meeting
the end. Deborah Dix, Chatham-Blairs District, stated the Ordinance is not strict enough and her
main concern is security. She also has capacity concerns about that many people being on 120
acres, and requested the Board consider stricter security. Joey Bray, Chatham-Blairs District,
stated he is a sixty (60) year resident of the County. He lives on R&L Smith and the traffic is his
concern. Warren closed the Public Hearing at 7:43 PM.
Motion to approve the revisions to PCC Chapter 10 (Music Festivals) as presented and to include
fees listed in Exhibit A.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ingram
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
UNFINISHED BUSINESS
None.
NEW BUSINESS
a. Solid Waste Bulldozer Bid Award (Staff Contact: Chris Adcock)
Request for Proposal (“RFP”) # 2021-04-19 was issued for purchase of a rebuilt/used bulldozer
for County Landfill operations. Six (6) RFP responses were received on May 14, 2021. A
Committee comprised of Public Works employees reviewed and ranked each RFP response
based on the following three (3) categories: (1) Qualifications/Experience of the offeror; (2)
Completeness/Responsiveness of the RFP response; and (3) Cost. As discussed in the Finance
Committee earlier, the Committee recommended the Board approve the purchase of Marcel #2.
Motion to approve the purchase of the bulldozer as presented.
7.a.d
Packet Pg. 20 Attachment: 06-15-2021 Business Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
b. Solid Waste Landfill Cell "C" Construction Bid Award (Staff Contact: Chris Adcock)
Bids for the construction of Phase 2, Cell C, at the County Landfill were received on June 3,
2021. The lowest bid came in at $1,424,600 from Sargent Corporation. Based on the bids
received and Project references provided by Sargent, it is LaBella’s recommendation that
Sargent be awarded a contract in the amount of $1,424,600.
Motion to award the contract to Sargent Corporation as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Miller
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
c. Resolution # 2021-06-04 (Virginia Tobacco Commission Loan) Approval (Staff
Contact: Matthew D. Rowe)
In September 2020, the County applied for and was awarded a $4.5M loan from the Virginia
Tobacco Commission that would be utilized to relocate an existing 69-Kv transmission line that
currently cuts across the main developable area of the Southern Virginia Megasite. The line is
owned by Appalachian Electric Power Company (“AEP”) who has reserved a crew to complete
the work by the end of the year if funds are received by June 30. By moving the line, it also
positions the Megasite to receive the coveted Quest Megasite Certification, which the County,
City, and SVRA are jointly pursuing via a grant from DRF. Finally, the timeline to remove the
funds has become time sensitive due to the requirement from several serious and transformative
prospects that are conducting due diligence and facility layouts on the Property.
Per the loan agreement between the County, City, and RIFA, the loan with have an accumulating
interest rate of 1.5%. RIFA has an agreement with AEP, that once a power load tenant is located
on the Megasite within ten (10) years, AEP will repay the loan. RIFA would be responsible for
the interest that has accumulated at the time of tenant locating on the property. Should a tenant
not locate on the property within the next ten (10) years, then RIFA would structure a loan
repayment plan with the Tobacco Commission to repay the funds. Regardless, the existing 69-
Kv line is the last physical deterrence impacting the Megasite. Should all parties approve the
Agreement(s), then RIFA would close on the loan June 22, transfer the funds to AEP, and work
would commence in September and be completed by year’s end. Danville has agreed to assume
half of the loan liability with the County, thus turning this into a RIFA led initiative.
Motion to approve Resolution # 2021-06-04 as presented, which will enable the financial closing
to occur on June 22, 2021, to continue positioning the site for prospective companies.
7.a.d
Packet Pg. 21 Attachment: 06-15-2021 Business Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 15, 2021
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
MATTERS FROM WORK SESSION (IF ANY)
None.
BOARD MEMBER REPORTS
• Ingram stated the Board passed a Resolution last month for Mr. Shelton, and he recently
passed away. He congratulated the Tunstall Trojans Baseball Team for its recent wins.
• Dudley thanked County Staff for their hard work behind the scenes.
• Miller asked Farmer a question regarding a lady in his District. Farmer requested to
handle that topic next month.
• Davis echoed the sentiments of Dudley and thanked County Staff.
• Warren is very pleased to see that restaurants and other places are opening and people
can come out more, and he agreed with Ingram and thanked all Fire and Rescue
volunteers. He congratulated all the graduating seniors, and complimented the entire
County Staff, especially Ragsdale for all her work that she has put in during the Music
Festival Ordinance revisions. Warren also thanked his colleagues on the Board.
COUNTY ADMINISTRATOR REPORTS
Smitherman stated the County is in the hiring business right now. The job market is very tight,
and the County will soon employ new tactics to recruit the best available. The County is
currently developing a hiring campaign to advertise for good people, and the County is working
hard to fill its ranks with good people moving forward. Smitherman thanked the security forces
that are working hard to bring the Music Festival together.
ADJOURNMENT
Warren adjourned the Meeting at 8:06 PM.
7.a.d
Packet Pg. 22 Attachment: 06-15-2021 Business Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Pittsylvania County Board of Supervisors
Called Meeting
June 22, 2021
VIRGINIA: A Pittsylvania County Board of Supervisors’ Called Meeting was held on
June 22, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531.
Robert W. Warren, Chairman, called the Meeting to Order at 4:00 PM. The following Members
were present:
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman; Chatham Blairs District Present 3:53 PM
Ronald S. Scearce Vice-Chairman; Westover District Present 3:53 PM
Joe B. Davis Supervisor; Dan River District Present 4:00 PM
Timothy W. Dudley Supervisor; Staunton River District Present 3:27 PM
Ben L. Farmer Supervisor; Callands-Gretna District Present 4:00 PM
William V. ("Vic") Ingram Supervisor; Tunstall District Present 3:43 PM
Charles H. Miller, Jr. Supervisor; Banister District Present 4:29 PM
Motion to Recess until Miller arrives.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram
ABSENT: Miller
The Board recessed at 4:06 PM.
Warren reconvened the Meeting at 4:29 PM.
AGENDA ITEMS TO BE ADDED
Motion to add Hearing of the Citizens to the Agenda as Item 5 and add the Amended and
Revised Moral Obligation for SRP, LLC to the Agenda as item 5(c).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dudley
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
Motion to approve the Agenda as amended.
7.a.e
Packet Pg. 23 Attachment: 06-22-2021 Called Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 22, 2021
Called Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
HEARING OF THE CITIZENS
Jonathan Hollie, Chatham-Blairs District, thanked the Board for their work, time, and energy
spent on the considerations for this event. He stated his concerns regarding his home values and
the safety of his family. Hollie requested the Board to continue to stand firm and asked them to
be sure the vendors abide by the requirements of the Music Festival Ordinance and hold those
accountable for the things they say they will do. He also requested the Board to consider putting
a cap on the number of events that could be held per year. Deborah Dix, Chatham-Blairs
District, stated her opposition and concern for the parking on Lester Lane. She stated her
objection of any parking on Lester Lane and would like for traffic signs to be put up, especially
for these events.
NEW BUSINESS
a. "Worship at the Mountain" Music Festival Permit Application Approval
Consideration (Emily S. Ragsdale)
As required by Chapter 10 (Music Festivals) of the Pittsylvania County Code (“PCC”), Purpose
Driven Events (“PDE”) has submitted a Music Festival Permit Application for “Worship at the
Mountain” scheduled to be held in the County at 599 Carson Lester Lane on September 3 - 5,
2021. PDE has submitted all information and plans required by PCC Chapter 10 and the same
has been reviewed and approved by all required responsible agencies.
Warren stated since this is the first year of these festivals in the County, he would like to see
quiet hours begin at midnight, lights out at 12:30 AM, and that there would be a Deputy always
stationed at Carson Lester Road during the event. Representatives from PDE were present and
agreed to these additional conditions.
Motion to approve PDE’s “Worship at the Mountain” Music Festival Permit Application as
presented, and that the Board authorize a condition that quiet hours will begin at midnight, lights
out will begin at 12:30 am, and that there always be a Deputy stationed at Carson Lester Road
during the event.
RESULT: APPROVED [UNANIMOUS]
MOVER: Miller
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
7.a.e
Packet Pg. 24 Attachment: 06-22-2021 Called Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 22, 2021
Called Meeting
b. "Blue Ridge Country Music Festival" Music Festival Permit Application Approval
Consideration (Emily S. Ragsdale)
As required by Chapter 10 (Music Festivals) of the Pittsylvania County Code (“PCC”), Purpose
Driven Events (“PDE”) has submitted a Music Festival Permit Application for the “Blue Ridge
Country Festival” scheduled to be held in the County at 599 Carson Lester Lane on October 1 -
3, 2021. PDE has submitted all information and plans required by PCC Chapter 10 and the same
has been reviewed and approved by all required responsible agencies.
Motion to approve PDE’s “Blue Ridge Country Festival” Music Festival Permit Application as
presented, and that the Board authorize a condition that quiet hours will begin at midnight, lights
out will begin at 12:30 am, and that there always be a Deputy stationed at Carson Lester Road
during this event.
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
c. Amended and Revised Moral Obligation for SRP, LLC
During the loan closing process with American National Bank, it was determined that ARCO
Design-Build would be required to provide a two (2)-year warranty construction performance
bond for the benefit of the bank. This added an additional $78,608.00 cost to the Project. It was
determined that the best course of action would be to add this to the loan amount to enable a
smooth closing transaction. As such, American National Bank has allowed the County IDA to
close on financing with the stipulation that there could be no draw down on the loan until the
County Board and the IDA approved the Revised Moral Obligation and the IDA approved the
revised term sheet. The IDA approved both documents during its June 16th meeting. This
additional financed amount will add around $300.00 to the monthly mortgage payment and the
tenant, SRP, LLC, is accepting of this increase.
Motion to approve the Amended and Revised Moral Obligation for SRP, LLC as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
ADJOURNMENT
Warren stated that he wanted to thank several citizens for being respectful while voicing their
concerns regarding the upcoming events. Ms. Nixon has been professional in expressing her
concerns, as well as Mr. Hollie. Several Reverends have been very involved and moderated
7.a.e
Packet Pg. 25 Attachment: 06-22-2021 Called Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
June 22, 2021
Called Meeting
meetings, and he complimented the Board on their efforts as well. Warren also thanked each
Department that was involved in this matter and took it very seriously. VDOT, the Health
Department, Law enforcement, Sheriff Taylor and his Staff, Public Safety, as well as the County
Administrator, County Attorney, and Ragsdale.
Warren adjourned the Meeting at 5:05 PM.
7.a.e
Packet Pg. 26 Attachment: 06-22-2021 Called Meeting - DRAFT (2630 : June Board Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: June Bill List Approval (online); (Staff Contact: Kimberly G. Van Der
Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: July 20, 2021 Item Number: 7.b
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 June Bill List is
found at the below link:
https://weblink.pittgov.net/WebLink/Browse.aspx?id=414440&dbid=0&repo=PittGovDocs
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the County’s 2021 June Bill List as presented.
MOTION:
“I make a Motion to approve the County’s 2021 June Bill List as presented.”
7.b
Packet Pg. 27
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2021-07-01 (Beatrice Robertson) Adoption (Supervisor
Farmer)
Staff Contact(s): Supervisor Farmer
Agenda Date: July 20, 2021 Item Number: 7.c
Attachment(s): 2021-07-01 Beatrice Robertson
Reviewed By:
SUMMARY:
Beatrice Robertson was the Postmaster for the Gretna Post Office and retired in January 2021
with over forty (40) years of service to the United States Postal Service. The Board extends its
appreciation to Mrs. Robertson for her years of service and wishes her the best in her future
endeavors.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve Resolution # 2021-07-01 as presented.
MOTION:
“I make a Motion to approve Resolution # 2021-07-01 as presented.”
7.c
Packet Pg. 28
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2021-07-01
__________________________________________________________________________________________
RESOLUTION HONORING BEATRICE ENGLISH ROBERTSON
VIRGINIA: At its Business Meeting on Tuesday, July 20, 2021, the Pittsylvania County Board of
Supervisors (“Board”) adopted the following Resolution:
WHEREAS, Beatrice English Robertson, a Pittsville native, ended her longtime career with the United
States Postal Service (“USPS”) on Friday, January 29, 2021; and
WHEREAS, she began her USPS career as a mail carrier in Danville, Virginia, on September 9, 1979,
after graduating from Averett University and passing her postal exam; and
WHEREAS, in 1983, Mrs. Robertson went into management and was placed in the Sutherlin Post Office
as Postmaster; and
WHEREAS, she then became the Officer in Charge at the Ringgold Post Office, and then returned to
Danville as the Delivery Supervisor; and
WHEREAS, Mrs. Robertson was the Officer in Charge at the Collinsville, Bassett, and Ringgold Post
Offices at various times in her career, and she became the Postmaster in Gretna in June 1988; and
WHEREAS, as Postmaster, she was responsible for one (1) rural route for Pittsville that was 116 miles
long, and five (5) routes in and around Gretna; and
WHEREAS, Mrs. Robertson was also responsible for more than 800 PO Boxes and the delivery and
collection of mail and packages; and
WHEREAS, growing up she went to all three (3) Gretna schools, and she loved being able to see her
teachers and classmates while completing the daily duties of her job; and
WHEREAS, Mrs. Robertson always loved what she was doing; so much that when she had two (2) open
heart surgeries in 2009, she decided not to retire, but to go back to work.
NOW, THEREFORE, BE IT RESOLVED, the Board extends its appreciation to Robertson for over
forty (40) years of service to the USPS and the citizens of the County, and wish her all the best in her future
endeavors.
Given under my hand this 20th day of July 2021.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.c.a
Packet Pg. 29 Attachment: 2021-07-01 Beatrice Robertson (2632 : Resolution # 2021-07-01 (Beatrice Robertson) Adoption (Supervisor Farmer))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Southern Area Agency on Aging Appointment (Jack Gates, Jr.); (Staff
Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn McCluster
Agenda Date: July 20, 2021 Item Number: 7.d
Attachment(s): 06-03-2021 Jack Gates Jr - Southern VA Agency on Aging
Reviewed By:
SUMMARY:
Phillip Adams’ (“Adams”) second full term of service on the Southern Area Agency on Aging
(“SAAA”) Board of Directors will end this month. Per the Agency’s by-laws, Adams is not
eligible for re-appointment. Jack Gates, Jr. (“Gates”), is interested in serving on the SAAA and
his Interest Form is attached for your review. This is a full Board appointment.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board appoint Gates to serve on the SAAA Board of Directors for
a three (3) year term beginning July 21, 2021, and ending on July 21, 2024.
MOTION:
“I make a Motion to appoint Gates to serve on the SAAA Board of Directors for a three (3) year
term beginning July 21, 2021, and ending on July 21, 2024.”
7.d
Packet Pg. 30
7.d.a
Packet Pg. 31 Attachment: 06-03-2021 Jack Gates Jr - Southern VA Agency on Aging (2642 : Southern Area Agency on Aging Appointment (Jack Gates, Jr.);
Board of Supervisors
EXECUTIVE SUMMARY
FIRE AND RESCUE ITEM
Agenda Title: FY 23 PSAP Education Program Grant Application (Staff Contact:
Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: July 20, 2021 Item Number: 7.e
Attachment(s):
Reviewed By:
SUMMARY:
The PSAP Grant Program is a multi-million-dollar Grant Program (“Program”) administered by
the Virginia 9-1-1 Services Board. The purpose of the Program is to financially assist Virginia
primary PSAPs with the purchase of equipment and services that support the continuity and
enhancement of wireless E-911. The PSAP Education Grant (“Grant”) is to fund additional
education opportunities for 911 Centers. The County received $3,000 annually from this Grant
in FY20, 21, and 22. In FY22, the County will also have an opportunity to receive up to $3,000.
FINANCIAL IMPACT AND FUNDING SOURCE:
This Grant helps to supplement the training programs within the Count’s 911 Center. There is
no County match for this Grant.
RECOMMENDATION:
County Public Safety Department Staff recommends the Board authorize it to submit a FY23
PSAP Grant Program application.
MOTION:
“I make the motion authorizing the submission of the County Public Safety Department’s FY23
PSAP Grant Program application.”
7.e
Packet Pg. 32
VH
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Notice of Intent to Hold Public Hearing to Commence VDOT Study to
Potentially Enact a "No Through Trucks" Restriction on S.R. 794 (Old
Mine Road); (Callands-Gretna District) Approval (Supervisor Farmer)
Staff Contact(s): Supervisor Farmer
Agenda Date: July 20, 2021 Item Number: 7.f
Attachment(s):
Reviewed By:
SUMMARY:
Supervisor Farmer has been approached by citizens complaining about commercial truck traffic
on S.R. 794 (Old Mine Road) in the Callands-Gretna District. Accordingly, Supervisor Farmer
desires for the Board to authorize County Staff to the advertise a Public Hearing to commence a
VDOT study to potentially enact a “No Through Trucks” restriction on S.R. 794.
FINANCIAL IMPACT AND FUNDING SOURCE:
Cost of advertising.
RECOMMENDATION:
County Staff recommends the Board authorize County Staff to advertise a Public Hearing to
commence a VDOT study to potentially enact a “No Through Trucks” restriction on S.R. 794.
MOTION:
“I make a Motion to authorize County Staff to advertise a Public Hearing to commence a VDOT
study to potentially enact a “No Through Trucks” restriction on S.R. 794.”
7.f
Packet Pg. 33
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Health Insurance Changes Approval (Staff Contact: Kimberly G. Van Der
Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: July 20, 2021 Item Number: 7.g
Attachment(s): Health Insurance BOS Update.7.09.21
Anthem Rates 10.01.2021
Reviewed By:
SUMMARY:
The Health Insurance Committee (“Committee”) meets annually with McGriff Health Insurance
Consultants to review rate increases and determine plan changes. It is the Committee’s goal to
provide superior health insurance coverage at the most affordable costs. For the Board’s review,
attached is a Memorandum provides more detail regarding the proposed changes listed below
and proposed rates for the 2021-2022 health insurance plan year.
2021-2022 PLAN/RATE CHANGES
1. Eliminate the KeyCare 500 Plan;
2. Increase of three percent (3%) applied to the KeyCare 30 Plan;
3. Increase Contribution to all HSA account holders to $800 annually (County Only
Change); and
4. Increase employer share by ten percent (10%) for the following High Deductible Plans:
Employee/Child; Employee/Spouse and Family (County Only Change).
FINANCIAL IMPACT AND FUNDING SOURCE:
Funding for all planned changes to the County’s health insurance coverage have been included in
the FY2021-2022 County Budget.
RECOMMENDATION:
The Committee recommends the Board approve all health plan/rate changes for the County’s
2021-2022 health insurance plan year as presented.
MOTION:
“I make a Motion to approve all health plan/rate changes for the County’s 2021-2022 health
insurance plan as presented.”
7.g
Packet Pg. 34
FINANCE DEPARTMENT
P.O. Box 426 • 1 Center Street
Chatham, Virginia 24531
Phone (434) 432-7740
_______________________________________________________________________________________________________
BUSINESS SAVVY. PEOPLE FRIENDLY.
MEMORANDUM
TO: Pittsylvania County Board of Supervisors
FROM: Kim Van Der Hyde, Finance Director
RE: Health Insurance Information
DATE: July 9, 2021
I wanted to provide a briefing to you all concerning the changes to the County’s Health Insurance Coverage for
County employees for the upcoming 2021-2022 plan year. Each year the Health Insurance Committee meets with
Beth Maiden, Employee Benefits Consultant with McGriff and health insurance consultant for Pittsylvania County
and Pittsylvania County Schools. This committee is made up of individuals from the County, Schools and Town of
Gretna. It has been the goal of our committee each year to provide quality healthcare for our employees at an
affordable rate. We have managed to do this by reviewing our policy annually and making impactful decisions that
will make a lasting difference on employees as well as their healthcare. We have found that for the County to do
this effectively, County employees must work with the Board of Supervisors to drive costs down. As such, employees
must be more accountable for their own health and make responsible decisions when it comes to their own
healthcare while the County looks for ways to cut costs without cutting benefits. One major change the committee
made in the 2020 plan year was to employ Remedy Analytics to ensure that Anthem was following their contract to
provide the best prices for pharmaceuticals to our County and School employees. This change alone provided an
overall contract savings of $914,886 to the plan.
Currently, the County offers 3 different coverages for employees. These coverages are KeyCare 500, KeyCare 30,
and Lumenos HSA. In reviewing the policies this year, it was decided by the Health Committee to eliminate the
KeyCare 500 plan and only offer employees 1 traditional plan and 1 high deductible plan. This was a means to start
migrating more employees to the high deductible plan to drive costs down for the plan as a whole.
What does this mean for those employees currently in the KeyCare 500 plan? These employees will have to choose
either the KeyCare 30 plan or the Lumenos HSA plan. In many cases, we believe that employees have chosen this
plan, simply because it appeared to provide the greater benefit. This plan has a $500 deductible, and these
employees currently pay an annual premium of $879.48. If these employees were on the KeyCare 30 plan, they
would have an increased deductible of $500 but an annual decrease in premium of $453.12. This decrease almost
pays for the increased deductible, which they may or may not ever have to pay.
The increase that the County and Schools will experience in rates this year is 3%. The Health Committee also decided
that it was in our best interest to have this increase be experienced only in the KeyCare 30 plan, since rates in this
plan were not tremendously different from the high deductible plan. This change provides a greater incentive for
employees to join the Lumenos plan since the employer share has been increased significantly in tiers benefiting
spouses and dependents. In addition to this benefit, the Board graciously included an increase in the contribution
to the employees with HSA accounts from $500 to $800 annually in the FY2022 budget.
7.g.a
Packet Pg. 35 Attachment: Health Insurance BOS Update.7.09.21 (2653 : Health Insurance Changes Approval)
FINANCE DEPARTMENT
P.O. Box 426 • 1 Center Street
Chatham, Virginia 24531
Phone (434) 432-7740
_______________________________________________________________________________________________________
BUSINESS SAVVY. PEOPLE FRIENDLY.
With these changes and the increased focus on wellness, the health committee believes increases to health
insurance coverage can be diminished since employees are becoming more healthy and more accountable when
making decisions about their healthcare. Should you have any questions regarding these changes, please do not
hesitate to contact my office.
7.g.a
Packet Pg. 36 Attachment: Health Insurance BOS Update.7.09.21 (2653 : Health Insurance Changes Approval)
TYPE OF COVERAGE MONTHLY PREMIUM COUNTY SHARE MONTHLY SEMI. MO.
KeyCare 30
$30 Copay/$1000 Deductible
Employee Only 655.00 619.48 35.52 17.76
Employee and One Child 1014.32 638.76 375.56 187.78
Employee and Spouse 1468.51 643.03 825.48 412.74
Employee and Family 1997.33 647.97 1,349.36 674.68
Medicare Carve Out 672.50 -
Lumenos HSA 408
$3,000/100%
Employee Only 568.58 555.29 13.29 6.65
Employee and One Child 881.48 618.88 262.60 131.30
Employee and Spouse 1277.02 586.30 690.72 345.36
Employee and Family 1737.49 566.67 1,170.82 585.41
Medicare Carve Out N/A N/A
The Board of Supervisors agreed to continue the 3% ($17.50/month) from the Employee Health Fund.
They also agreed to continue the employer contribuation of $800 per covered employee participating
in the Lumenos Health Savings Account.
ANTHEM BLUE CROSS BLUE SHIELD
OCTOBER 1, 2021 (PAYROLL DEDUCTION BEGINS IN SEPTEMBER)
PREMIUMS
EMPLOYEE COST
The County pays up to $647.97 per month for employees depending on plan type choosen.
7.g.b
Packet Pg. 37 Attachment: Anthem Rates 10.01.2021 (2653 : Health Insurance Changes Approval)
7.g.b
Packet Pg. 38 Attachment: Anthem Rates 10.01.2021 (2653 : Health Insurance Changes Approval)
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Resolution # 2021-07-01 (Beatrice Robertson) Presentation (Supervisor
Farmer)
Staff Contact(s): Supervisor Farmer
Agenda Date: July 20, 2021 Item Number: 8.a
Attachment(s):
Reviewed By:
Supervisor Farmer will present Beatrice Robertson Resolution # 2021-07-01.
8.a
Packet Pg. 39
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Blue Ridge Rock Festival Music Festival Permit Application Approval
Consideration (Staff Contact: Emily S. Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: July 20, 2021 Item Number: 8.b
Attachment(s):
BRRF Site Plan - Event & Camping Areas
2021 Event Overview
Blue Ridge Rock Fest Lineup
Insurance and Bond Statement
BRRF Site Plan - Festival Grounds
PDE 2021_ Trash Plan
Republic Dumpster Agreement
WATM, BRRF, BRCF 2021 Water & Wastewater Plans
WATM, BRRF, BRCF 2021 Food Vendors
2021 Overall Event Safety Plan (Fire, EMS and Security)
BRRF Prohibited Items
BRRF Parking
BRRF Lighting Plan
BRRF LED Balloon Lights
BRRF Light Towers
Sound Plan
BRRF Decibel Levels
Pyrotechnics
Reviewed By:
SUMMARY:
As required by Chapter 10 (Music Festivals) of the Pittsylvania County Code (“PCC”), Purpose
Driven Events (“PDE”) has submitted the attached Music Festival Permit Application (with
attachments) for the “Blue Ridge Rock Festival” scheduled to be held in the County at 599
Carson Lester Lane on September 9 - 12, 2021. PDE has submitted all information and plans
required by PCC Chapter 10. All information and plans are attached and have been reviewed
and approved by all required responsible agencies, except for the Parking and Traffic Control
Plans. The Virginia State Police (“VSP”) and the Virginia Department of Transportation
(“VDOT”) are actively working with PDE to identify and secure additional parking locations
along Highway 29. Until these locations identified by VSP and VDOT are secured, neither
agency can sign off on the plans.
8.b
Packet Pg. 40
After discussing the progress being made with VSP, VDOT, and PDE, County Staff is confident
that this will ultimately be approved. Additionally, PCC Chapter 10 requires a land use permit
for special events be issued by VDOT, placing an assurance that, if the Music Festival Permit is
approved without the required approved Traffic and Parking Plans, this requirement will be met
prior to the event, or it cannot be held.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve PDE’s “Blue Ridge Rock Festival” Music Festival
Permit Application contingent on VDOT and VSP’s approval of the Festival’s Parking and
Traffic Control Plans.
MOTION:
“I make a Motion to approve PDE’s “Blue Ridge Rock Festival” Music Festival Permit
Application contingent on VDOT and VSP’s approval of the Festival’s Parking and Traffic
Control Plans.”
8.b
Packet Pg. 41
8.b.a
Packet Pg. 42 Attachment:
2021 Event Overview
Location: Blue Ridge Amphitheater, 599 Carson Lester Lane, Danville VA 24540
Property owner, promoter and financial backing: Jonathan Slye, 4009 Murray Place,
Lynchburg VA 24501
Worship at the Mountain
○September 3rd - 5th
○Gates:
■Friday: 4pm - 11pm
■Saturday & Sunday: 12pm - 11pm
○One stage, Christian Music
○8,000 attendees/day
○Camping: 3 days - 4,000 campers
■Check-in September 3rd
■Check-out September 6th
Blue Ridge Rock Festival
○September 9th - 12th
○Gates: 11am - 11pm
○Six stages, Rock Music
○35,000 attendees/day
○Camping: 5 days - 20,000 campers
■Check-in September 8th
■Check-out September 13th
Blue Ridge Country Festival
○October 1st - 3rd
○Gates:
■Friday: 2pm - 11pm
■Saturday & Sunday: 1pm - 11pm
○One stage, Country Music
○10,000 attendees/day
○Camping: 3 days - 6,000 campers
■Check-in October 1st
■Check-out October 4th
8.b.b
Packet Pg. 43 Attachment: 2021 Event Overview (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact:
Rob Zombie
Five Finger Death Punch
Shinedown
Breaking Benjamin
Limp Bizkit
Megadeth
A Day To Remember
Rise Against
Lamb of God
Papa Roach
Bush
The Ghost Inside
Falling In Reverse
Halestorm
I Prevail
Chevelle
Seether
Cypress Hill
Gojira
Anthrax
Mastodon
Skillet
Ludacris
Theory of a Deadman
T-Pain
Black Label Society
Killswitch Engage
Body Count
Trivium
Asking Alexandria
Underoath
Philip Anselmo & The
Illegals
Lil Jon
Beartooth
Rev Run
P.O.D.
Clutch
Sabaton
Testament
Tech N9ne
Pop Evil
Motionless in White
Hatebreed
The HU
Jelly Roll
Badflower
Ice Nine Kills
Sevendust
In Flames
Avatar
August Burns Red
Fever 333
We Came As Romans
Atreyu
Wage War
Knocked Loose
10 Years
All That Remains
D.R.U.G.S.
Corrosion of Conformity
Crown the Empire
From Ashes to New
Fit for a King
Fozzy
Drowning Pool
Escape the Fate
Nonpoint
Aryon Jones
Light the Torch
Miss May I
Spiritbox
Bad Omens
Chelsea Grin
Adelitas Way
Texas Hippie Coalition
Ill Nino
Slaves
SAUL
Spite
Brand of Sacrifice
Islander
Stitched Up Heart
Currents
Fame on Fire
All Good Things
Tallah
Another Day Dawns
Burden of the Sky
Eyes of the Living
Black Satellite
Four Thirty Four
The Impurity
Artusha
Inner Image
Tara Lynch
Below 7
Blud Red Roses
Kill the Imposter
State of Illusion
VOXX
Heirloom
Fate Destroyed
Dead Fervor
Of the Fallen
Breathing Theory
Cursor
DEIFORM
Southbound Beretta
Failure by Proxy
A Feasting Beast
MX the American
Citizen Kane
F.I.L.T.H.
Blackwater
One of the Last
Motorjunkie
Someday You’ll Know Us
ignite the fire
To Begin Anew
Next Attempt
Awesome Ray Ray
Seasons
Pigweed
Overlord SR
A New Day Rising
Just Standing
A War Within
Semper Acerbus
Set for Tomorrow
SinShrift
New Haven
8.b.c
Packet Pg. 44 Attachment: Blue Ridge Rock Fest Lineup (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff
Dread Engine
Dark Summer
Waking the Sleeper
ALYXX
Two Sides of Me
Magg Dylan
Misty Eyed
Detoura
Detroit Voodoo
Fight Club
Watersdeep
N.a.s.H.
Casting Shadowz
Orange Jumpsuit
ALUKAH
Sevenstones
Days Under Authority
Nail Bite
Head Hunter
SupMikeCheck
WoR
Aurin
Nameless Anonymous
Cannon Hill
Forever We Roam
Friends in Hell
Burn On Re-entry
Hollow Intent
Dying Oath
Roachzilla
RVNT
Major Moment
Gravebound
Redefind
Solidify
We Rise to Fall
Artwork for the Blind
Matt Irie Band
Demyze
Pulses.
The Phoenix Within
Splintered Reality
RedEye
Far From Few
Mourn the Illusion
Steve-O
Lou Brutus
8.b.c
Packet Pg. 45 Attachment: Blue Ridge Rock Fest Lineup (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff
Purpose Driven Events is in the process of pricing our 2021 event insurance with Peter
Tempkins of HUD International. Peter has been regaled as an expert in event insurance, and has
been quoted in several publications related to such.
PDE will carry a minimum insurance of:
●$ 2,000,000 general liability coverage for events of less than 10,000 patrons
● Any event with an estimated attendance of 10,000 or more we will secure a minimum of
$ 4,000,000 general liability coverage
Proof of coverage will be supplied to County officials at least 30 days prior to the event.
It should also be noted that t he 500,000 bond will be in place no less than 30 days prior to the
event.
8.b.d
Packet Pg. 46 Attachment: Insurance and Bond Statement (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O H2O
POND
PONDNO BUILDNO
BUILD
STA
G
E
CARSON LESTER LN
GRAV
E
L
R
O
A
D
GRA
V
E
L
R
O
A
D
P
R
O
P
E
R
T
Y
L
I
N
E
PROPERT
Y
L
I
N
E
ACCE
S
S
HATC
H
CON
C
R
E
T
E
PAD
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAINGRAVEL ROADGRAVEL RO
A
D
SHED
10x10
20x20
30x2
0
20x10
20x10
20x10
20x10
20x10
10x10
40x2
0
40x2
040x20
40x20
60x206
0
x
2
0
60x20
40x40
40x40
20x10
20x
1
0
10x1
0
20x20
40x2080x40
60x30
20x10
20x10
40x20
20x20
CMFTCMFTCMFTCMFT
CIRC
U
S
TENT
100'x
1
5
0'
AFTE
R
PART
Y/
A
C
O
U
S
TI
C
TENT
50m
x
6
0
M CONC
ERT
BOO BAR8
DI
AMOND
MARV
E
L
SMOON
GODDES
SGRAVE
Y
ARD
D
I
S
C
IP
LE
S
J
E
F
F
EDNE
Y
S
TU
D
IO
S
T
B
DRONZ WOR
LD
20x10RONZ WOR
LD
V
IP
TBD
TBD
BAR
7
BAR
6
BAR
3
B
A
R
4
MERCH
ARTIST
CHECKI
N
/
M
E
R
C
H
PREP
CATERING
B1
76'
x
5
6
'
A1
90'x 5
6'C148'x 40'B2
64'x 5
6'
A2
90'x 56'C248'x 40'BAR
2
STORAGE
VI
P
BA
R
TO
YO
T
A
MAIN
PORTAL
MAIN BOXOFFICETIXHELPBAR
1
FOH
16'x 16'
104+8
VIP
BAR
90+6
VIP
2
100'x 120'
VIP
1
120'x100'
UFO
DEEP FRIED DOMINO'STEAM COBBSGOUDA BOYS HARDMANSMOKE STACKBUTTS-UPBAR-B-QUEOH PIZZA AND PRETZELSPINE ISLANDNOODLESSPUDSFRESH FRIESFOH
32'x 24'ADA
24'x 24'
FOH
24'x 24
'
FOH
32'x
2
4'ADA
24'x
2
4'
FO
H
24'x 2
4
'FOH
16'x 16'
BAR
5BREW CO
MEDICAL
SECURITY
GOOD
LIFE
0 25 50 100FT
172+8
TEMP
O
R
A
R
Y
R
O
A
D/
G
R
O
U
N
D
P
R
O
T
E
C
TI
O
N
TEMPO
R
A
R
Y
R
O
A
D
/
G
R
O
U
N
D
P
R
O
T
E
C
T
I
O
N
TEMPORARY ROAD/GROUND PROTECTION
A2 PRODUCTION GROUP LLC FILE NO. PDE10002
1 2 3 4 5 6 7 8
A
B B
9 10 11
A
C C
D
E E
D
12
F F
G G
H H
I
1 2 3 4 5 6 7 8 10 11 12 13
I
BLUE RIDGE ROCK AMPHITHEATER
BLUE RIDGE ROCK AMPHITHEATER
BLUE RIDE ROCK FESTIVAL
599 CARSON LESTER LANE
DANVILLE, VA 24540
SCALE
NOTES
DESIGNED :
DRAWN :
VERSION:
DATE:6.13.2021
A2 PRODUCTION GROUP LLC - AB
PDE- FISCHER
v3
4009 MURRAY PLACE
LYNCHBERG, VA 24501
NORTH
AS NOTED
FENCE LINEAR FEET 7422'-0"
8.b.e
Packet Pg. 47 Attachment: BRRF Site Plan - Festival Grounds (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Purpose Driven Events will contract with a waste management company for the following
events: Worship at the Mountain, Blue Ridge Rock Festival and Blue Ridge Country Festival.
The waste company will provide trash and recycling receptacles within the festival grounds and
campgrounds for use by the festival attendees, vendors,staff and artists.
The waste management staff is on-site before, during and after the festival hours to collect trash
and empty the smaller receptacles into rolloff dumpsters,which Republic will transport to the
landfill for proper disposal.
Purpose Driven Events will also provide trash bags at the camp store in order to encourage
clean-up by the patrons. The waste management staff will collect these trash bags and any
loose trash in the campgrounds.
Patrons are prohibited from leaving the festival grounds with any beverages. The waste
management company will set up additional trash cans at the festival gate at the end of the
night to collect beverages (empty or otherwise) before patrons exit the venue.
The waste management company is responsible for picking up trash within the festival grounds,
campgrounds, parking lots, shuttle routes and surrounding areas. Festival grounds will be
inspected every hour. Areas outside of the venue including parking lots, shuttle routes and
surrounding areas will be inspected three times per day. After the festival concludes, they will
ensure all areas are left clean and in suitable condition.
8.b.f
Packet Pg. 48 Attachment: PDE 2021_ Trash Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact:
INVOICE TOCUSTOMERNAMEPurpose Driven Events ATTNCara Fischer ADDRESS599 Carson Lester Ln CITYDanville, VA STATE ZIP CODE24540 TEL. NO.(469) 556-7785 FAX NO. SITE LOCATIONSITENAMEPurpose Driven Events ADDRESS599 Carson Lester Ln CITYDanville, VA STATE SUITE ZIP CODE24540TEL. NO.(469) 556-7785FAX NO.AUTHORIZED BYCara Fischer TITLE CONTACTCara FischerTITLE Temporary Service Agreement AGREEMENT NUMBER A217138541 ACCOUNT NUMBER 974 - EMAIL cara@purposedrivenevents.net N/OCONT.GRPTYPE SIZE C QTY ACCT.TYPEC/O SERV.FREQUENCYEST.LIFTSS P.O.REQRECPT.REQL/FCODEOPEN/CLOSEDATELIFTCHARGEMONTHLYSERVICEEXTRALIFTDISP RATE ADDITIONAL CHARGES ONE TIME CHARGES TC/RCCMPN FL8.00Yd(s)N1 TN1/2/W NRE20 8/9/2021$55.25 $100.50 DeliveryExchangeExtra YdsRelocateRemoval$191.50$100.00$28.00$100.50$75.72 N RO 40.00Yd(s) N1 TNO/C 1.0 N NPT01 8/9/2021 $85.00 $30.00 $41.05 perton DeliveryDry RunRelocateRemovalWashout $191.50$100.50$100.50$75.72$75.15 BFI Waste Services, LLC DBA Allied Waste Services of Lynchburg, Republic Services of Lynchburg HEREINAFTER REFERRED TO AS THE "COMPANY"The undersigned individual signing this Agreement on behalf of the Customer acknowledges that he or she has read and understands the termsand conditions of this Agreement and that he or she has the authority to sign the Agreement on behalf of the Customer. {{t:s;r:y;o:"SalesRep";l:"Signature";w:150;h:30;}} {{t:t;r:n;o:"SalesRep";l:"Title";w:120;h:20;}}BY: TITLE: (AUTHORIZED SIGNATURE) BY: {{t:s;r:y;o:"Customer";l:"Signature";w:150;h:30;}} TITLE: {{t:t;r:n;o:"Customer";l:"Title";w:120;h:20;}} (AUTHORIZED SIGNATURE) {{t:t;r:y;o:"Customer";l:"Customer Name";w:150;h:15;}} {{t:t;r:y;o:"Customer";l:"Date";w:100;h:15;}} CUSTOMER NAME (PLEASE PRINT) DATE OF AGREEMENT COMMENTSValued Customer Discount - Delivery for 1 container FL 8.00 yard - $191.50Valued Customer Discount - Delivery for 1 container RO 40.00 yard - $191.50 Delivery Notes:Safety: No Safety Concerns Fuel Recovery Fee - Yes, Environmental Recovery Fee - Yes, Administrative Fee - Yes See reverse for Terms and Conditions Director of OperationsCara Fischer5/17/20218.b.gPacket Pg. 49Attachment: Republic Dumpster Agreement (2652 : Blue Ridge Rock Festival Music Festival Permit
TERMS AND CONDITIONS AGREEMENT. This Customer Service Agreement consists of the service details above, including the Comments ("Service Details"), and these Terms and Conditions (together, the "Agreement"). If Customer's Site is located within afranchised service area and the Terms and Conditions in this Agreement conflict with the applicable franchise agreement with respect to the Services covered by such franchise agreement, the terms and conditions in the franchise agreementshall control. TERM (SCHEDULED AND ON-CALL SERVICES). FOR ALL SCHEDULED AND ON-CALL SERVICES, THE INITIAL TERM OF THIS AGREEMENT SHALL BEGIN ON THE DATE WHEN SERVICE COMMENCES ANDCONTINUE FOR MONTH TO MONTH. UNLESS OTHERWISE SPECIFIED, THIS AGREEMENT SHALL AUTOMATICALLY AND SUCCESSIVELY RENEW FOR MONTH TO MONTH UNLESS EITHER PARTY GIVESWRITTEN NOTICE OF TERMINATION TO THE OTHER AT LEAST 60 DAYS, BUT NOT MORE THAN 180 DAYS, BEFORE THE END OF THE THEN-CURRENT TERM. TERM (TEMPORARY SERVICES). FOR ALL TEMPORARY SERVICES, THE TERM SHALL BEGIN ON THE EFFECTIVE DATE AND CONTINUE THROUGH THE FINAL LIFT OF THE TEMPORARY CONTAINER(S). WASTE DEFINITIONS. "Waste Material" means all non-hazardous solid waste and Recyclable Material. Waste Material excludes all radioactive, volatile, flammable, corrosive, explosive, regulated medical, infectious, biomedical,biohazardous, pollutants, contaminates, or hazardous waste, toxic substance or material, each as defined by, characterized or listed under Applicable Law (collectively, "Excluded Waste"). "Recyclable Material" is material that Companydetermines can be recycled such as aluminum, used beverage containers, cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper, and plastics containers. SCOPE OF SERVICES. Customer grants to Company the exclusive right to collect and dispose of and/or recycle all of Customer's Waste Material on a scheduled and/or temporary basis as set forth in the Service Details ("Services"), andCompany agrees to furnish such Services in compliance with all applicable international, federal, state, or local laws or regulations ("Applicable Laws"). Customer represents and warrants that all material to be collected under this Agreementshall be only acceptable Waste Material. Customer agrees not to deposit, or permit the deposit for collection of, any Excluded Waste. Title to and liability for any Excluded Waste shall remain with Customer and shall at no time pass toCompany. Company shall acquire title to conforming Waste Materials when they are collected or received by Company. PAYMENT AND CHARGES. Customer shall pay Company all rates, fees, taxes and other amounts payable under this Agreement for the Services ("Charges") within 20 days after the date of Company's invoice. Any invoiced amounts notreceived by their due date are subject to a late payment fee, and any payment returned for insufficient funds is subject to an insufficient funds fee, both in an amount at Company's discretion up to the maximum amount allowed by ApplicableLaw. Customer acknowledges that any late or insufficient funds fees charged by Company are not to be considered a penalty or interest but are a reasonable charge for late or insufficient payments. If indicated in the Service Details, Customershall pay administrative fees ("ADMIN"), fuel recovery fees ("FRF") environmental recovery fees ("ERF") and a recycling processing charge ("RPC") in the amounts shown on each of Company's invoices, which fees Company may changefrom time to time by showing the amount on Customer's invoice (additional information regarding these fees is available on the "Understanding Our Fees" page of Company's website, www.republicservices.com). ADMIN, FRF and ERF arenot associated with any explicit cost to service Customer's account but are designed to help Company recover certain costs and achieve an acceptable operating margin. If applicable, Company may impose additional Charges at its prevailingrates for extra service, extra yards, minimum lift, contamination, service attempts and container delivery, relocation, removal and exchange, and other additional services not listed in the Service Details. If Company becomes concerned aboutCustomer's creditworthiness and/or Customer makes any late payment, Company may require Customer to pay a deposit in an amount equal to two months' Charges under this Agreement if allowed by Applicable Law. The rates set forth in theService Details do not include taxes or franchise and/or local fees, which shall be separately itemized on Customer's invoice where applicable. ADJUSTMENTS TO CHARGES. Notwithstanding any information contained in the Service Details, Company may, from time to time by notice to Customer (on its invoice), add a surcharge, fee or increase any Charges provided in thisAgreement to account for: (a) increased Company costs due to uncontrollable events including, but not limited to, changes in Applicable Laws, imposition of taxes, fees or surcharges, or acts of God such as fires, weather, disease, strikes orterrorism; (b) increased disposal or processing costs; (c) increased transportation costs; (d) costs or fees due to the inclusion of Excluded Waste and/or contamination; (e) decreased value of Recyclable Material or changes in commoditymarkets; or (f) actual Services or equipment that differ from those listed in the Service Details. Subject to any Comments in the Service Details, Company may, from time to time by notice to Customer (on its invoice), increase any Chargesprovided in this Agreement to achieve or maintain an acceptable operating margin as determined in Company's sole discretion. Company may also increase Charges for any other reason with Customer's consent, which may be evidencedverbally, in writing, or by the parties' actions and practices. SERVICE CHANGES. The parties may change the type, size or amount of equipment, the type or frequency of Service, and correspondingly the Charges by mutual agreement, which may be evidenced verbally, in writing, by payment of theinvoice, or by the parties' actions and practices. In the event there are changes to Services and/or Charges, or Customer changes its Site Location within the area in which Company provides collection and disposal (or processing) services, theparties agree that this Agreement shall continue in full force and effect as so adjusted. RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment furnished by Company shall remain Company's property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for lossor damage resulting from Company's handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move, or alter the equipment. If a Company containeris moved from Customer's Site Location by anyone other than Company, Customer agrees to pay Company $250 per moved container, which amount is a reasonable estimate of the damage Company will incur from the unauthorized moving ofits container. After the Initial Term, Company may increase the fee for the unauthorized moving of its container at its discretion. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company maycharge an additional fee for any additional collection service required by Customer's failure to provide access. Company shall not be responsible for any damages to Customer's pavement, curbing, or other driving surfaces resulting fromCompany providing service at Customer's Site Location. INDEMNIFICATION. COMPANY SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY LOSSES TO THE EXTENT ARISING FROM (A) COMPANY'S BREACH OF THISAGREEMENT; OR (B) COMPANY'S NEGLIGENCE OR WILLFUL MISCONDUCT. THE OBLIGATIONS SET FORTH IN THIS SECTION SHALL SURVIVE THE EXPIRATION AND/OR TERMINATION OF THISAGREEMENT. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY, ITS PARENT, AND CORPORATE AFFILIATES FROM ANDAGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, PENALTIES, FINES, REMEDIATION COSTS, AND LIABILITIES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES) (COLLECTIVELY,"LOSSES") ARISING FROM (A) CUSTOMER'S BREACH OF THIS AGREEMENT; (B) CUSTOMER'S NEGLIGENCE OR WILLFUL MISCONDUCT; (C) EXCLUDED WASTE CONTAINED IN CUSTOMER'S WASTEMATERIAL; AND (D) CUSTOMER'S USE, OPERATION, OR POSSESSION OF COMPANY'S EQUIPMENT. C&I_Std_1_20210105 A217138541 8 of 11 8.b.gPacket Pg. 50Attachment: Republic Dumpster Agreement (2652 : Blue Ridge Rock Festival Music Festival Permit
SUSPENSION; TERMINATION. If any amount due from Customer is not paid within 60 days after the date of Company's invoice, Company may, without notice and without terminating this Agreement, suspend collecting and disposing ofWaste Material until Customer has paid such amount to Company. If Company suspends service, Customer shall pay Company a service interruption fee in an amount determined by Company in its discretion up to the maximum amountallowed by Applicable Law. Either party may terminate this Agreement upon 30 days prior written notice to the other party if the other party breaches a material obligation of the Agreement (including non-payment) and fails to cure suchbreach within 10 days after receiving written notice of the breach. Company may terminate this Agreement for its convenience upon 30 days prior written notice to Customer. LIQUIDATED DAMAGES. If Customer terminates this Agreement before its expiration for any reason other than Company's breach (or if Company terminates this Agreement due to Customer's non-payment), Customer shall pay Companyan amount equal to the average Charges from Customer's last 6 invoices multiplied by the lesser of (a) six months or (b) the number of months remaining in the Term. Customer acknowledges that in the event of such a termination, actualdamages to Company would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Company, such amount does not constitute a penalty, and such amount is reasonable underthe circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement. RIGHT OF FIRST REFUSAL. Customer agrees to notify Company in writing of any offer that Customer receives from any third party relating to the provision of any permanent or temporary collection, disposal or recycling services duringany term of this Agreement ("Offer") and agrees to give Company the right of first refusal and reasonable opportunity to match such Offer prior to acceptance. COMMUNICATIONS. To ensure timely and accurate receipt of communications, all communications to Company regarding this Agreement and/or the Services must come directly from Customer. Customer acknowledges that Companywill not accept any communications from any third parties acting as the Customer's agent or representative (absent proof of medical necessity as reasonably determined by Company). All written notices to Company pertaining to thisAgreement shall be sent prepaid certified or overnight mail, return receipt requested, and must be received by Company. Any notice related to this Agreement will be deemed effective no less than 60 days from the certified mail return receiptdate. DISPUTE RESOLUTION-ARBITRATION; CLASS ACTION WAIVER. (a) Except for Excluded Claims (defined below), Customer and Company agree that any and all existing or future controversy or claim between them arising out ofor related to this Agreement, whether based in contract, law or equity or alleging any other legal theory, or arising prior to, in connection with, or after the termination of this Agreement, shall be settled by arbitration administered by theAmerican Arbitration Association in accordance with its Commercial Arbitration Rules with a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (b) Customer andCompany agree that under no circumstances, whether in arbitration or otherwise, may Customer bring any claim against Company, or allow any claim that Customer may have against Company to be asserted, as part of a class action, on aconsolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of Company or its parent or corporate affiliates. (c) The following claims constitute"Excluded Claims" and are not subject to mandatory binding arbitration: (i) either party's claims against the other in connection with bodily injury or real property damage; (ii) claims for indemnity pursuant to the Indemnification Section ofthis Agreement; and (iii) Company's claims against Customer for collection or payment of Charges, damages (liquidated or otherwise), or any other amounts due or payable to Company by Customer under this Agreement. MISCELLANEOUS. (a) This Agreement shall be governed by and construed in accordance with the internal laws of the State where the Services are provided, without giving effect to any conflict of law provision. (b) This Agreementrepresents the entire agreement between the parties and supersedes all prior agreements, whether written or verbal, that may exist between the parties for the same Services. (c) Except for Customer's obligation to pay amounts due to Company,any failure or delay in performance due to contingencies beyond a party's reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shall not constitute a breach ofthis Agreement. (d) Company shall have no confidentiality obligation with respect to any waste or recyclable materials. (e) Company may assign this Agreement without Customer's consent. This Agreement shall be binding upon and inuresolely to the benefit of the parties and their permitted successors and assigns. (f) If any provision of this Agreement is declared invalid or unenforceable, it shall be modified so as to be valid and enforceable but so as most nearly to retain theintent of the Parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity and enforceability of the remaining provisions of this Agreement shall not in any way be affectedthereby. (g) Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. (h) If any litigation or arbitration is commenced under this Agreement,the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness fees, litigation and arbitration related expenses, and court or other costs incurred in suchlitigation, arbitration or proceeding. (i) Customer and Company agree that electronic signatures are valid and effective, and that an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement,as though it were an original. The following Terms and Conditions apply to Customer only if Customer is receiving the applicable Service from Company. CONTAINER REFRESH. If the Services include Container Refresh, Customer is limited to one (1) exchange of each participating container every 12 months of paid enrollment; any additional exchange is subject to Company's standardcontainer exchange fee. Customer agrees that during any enrollment year in which Customer receives an exchange under the program, any request by Customer to cancel Container Refresh will not be effective until Customer completespayment for 12 consecutive months of enrollment in the program. The Charge for Container Refresh will be itemized on Customer's invoice, which Charge may be changed by Company by showing the amount of the new Charge on Customer'sinvoice. Company reserves the right to suspend or cancel the Container Refresh program at any time. RECYCLABLE MATERIAL. If the Services include recycling, Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Material and not place items in any recycling container that maymake the Recyclable Material unsuitable for recycling or decrease the value of the Recyclable Material. Customer agrees that Company in its sole discretion may determine whether any load of Recyclable Material is contaminated and mayrefuse to collect it or may collect it but charge Customer for any additional costs, fees or surcharges associated with sorting, processing, contamination, transportation, and/or disposal. ROLL-OFF. Republic may charge rent or a minimum lift charge if a roll-off container is not lifted or hauled at least once per month. The following additional terms shall apply to any roll-off service: (a) Company will not accept: white goods,tires, drums, paint, solvents, chemicals, or other such materials that would be considered flammable or explosive, or other materials not permitted to be disposed of at the designated disposal facility. (b) If the roll-off is loaded with extremelyheavy material, such as block concrete, asphalt, dirt or roofing material, such material must be evenly distributed at the bottom of the roll-off and shall not exceed three feet in depth. (c) Customer shall not load materials above the top of theroll-off. (d) Customer shall close and latch the back door of the roll-off before service. The driver cannot load a roll-off with an open or unlatched back door. (e) If Company is unable to safely haul a roll-off, Customer shall off-load theimpermissible overage or type of materials or otherwise improve any conditions necessary to enable safe hauling. Customer will be charged a dry run fee for each attempted trip where hauling does not occur. (f) If Company hauls an overloadedroll-off, Customer shall be responsible for all service charges based on the actual tonnage hauled, plus any tickets, fines, penalties or damages incurred by Republic due to the overweight container. EQUIPMENT RENTAL. Rented equipment shall remain at Customer's Site Location at all times, except when handled by Company. Customer shall not make any changes, alterations, additions, or improvements in or to the equipment ormove or relocate the equipment without Company's prior written consent. Customer shall allow Company and/or its designee to enter the Site to examine or inspect the equipment, perform preventative maintenance and repairs, or for any other C&I_Std_1_20210105 A217138541 9 of 11 8.b.gPacket Pg. 51Attachment: Republic Dumpster Agreement (2652 : Blue Ridge Rock Festival Music Festival Permit
purpose permitted by this Agreement. Customer agrees that the installation of the equipment is for the primary benefit of Company to provide services, and that Company has the right, at any time and at its sole discretion, to substitute theequipment for similar equipment of make and size, or of a make and size that provides for more efficient or economical service. MAINTENANCE. Company shall maintain the equipment in good operating condition and make repairs necessitated only by normal wear and tear. Customer shall be responsible for repairs, replacement parts, and labor necessitatedby abuse or negligent operation or care of the equipment. Once installed, Customer shall have the care, custody, and control of the equipment. Customer assumes all risks of loss, damage, destruction or interference with the use of, andaccepts responsibility for, the equipment and the supervision and operation of the equipment, accessories and contents during the term of this Agreement. Company will not be responsible for installation of utility service necessary tooperate the equipment or any utility service charges attributable to the equipment's operation. If electrical or any other installment requirements are not satisfied prior to delivery of the equipment, Company may charge Customer allcosts incurred by Company for its inability to complete the installation of the equipment. Customer shall be responsible for (a) connecting the equipment to the electrical service and any other utility services in conformance with allapplicable building and zoning codes and regulations, (b) providing the necessary electrical power to operate the equipment, and (c) all costs of electrical wiring, and/or other utility hook-up and inspection thereof necessary for use ofthe equipment. CUSTOMER'S OBLIGATIONS. Customer shall operate the equipment solely for its intended purpose and in strict conformance with this Agreement, the manufacturer's and Company's instructions, and shall not allow theequipment to be used by any person other than Customer's employees without Company's written consent. Customer shall comply with all reporting and operating requirements related to the operation, maintenance, and managementof the equipment as required by Company or as otherwise mandated by Applicable Laws. Any Site-related licenses and permits concerning the equipment shall be obtained and maintained by Customer at Customer's sole cost andexpense. Customer shall take all action necessary to ensure that the equipment is not abused, misused, or otherwise harmed by Customer or its employees, agents, and representatives or any other persons. Customer shall immediatelynotify Company of any damage to the equipment, or any injuries relating to the use or operation of the equipment. Customer shall keep the equipment free from any and all liens and claims and shall not do or permit any act wherebyCompany's title or rights might be encumbered or impaired. DISCLAIMER OF WARRANTIES; DAMAGES. COMPANY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THECONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES THEREFOR. COMPANYEXPRESSLY DISCLAIMS ALL INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT OR THE EQUIPMENT, INCLUDING, WITHOUTLIMITATION, LOST SALES AND PROFITS AND OTHER BUSINESS INTERRUPTION DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WITHOUT REGARDTO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), AND CUSTOMER HEREBY EXPRESSLY WAIVES ANDRELEASES COMPANY FROM AND AGAINST ANY SUCH DAMAGES. ELECTRONIC MATERIAL AND/OR BULB & BATTERY (UNIVERSAL) RECYCLING SERVICES. Electronic Material Services and/or Bulb & Battery (Universal) Recycling Services are provided only within the continental UnitedStates (not available in Alaska or Hawaii). Company or its subcontractor shall collect, transport, or receive via mail, treat, recycle, and/or dispose of Electronic Material and/or Bulbs & Batteries as provided in the Service Details. Customeracknowledges and understands that due to a variety of factors, including without limitation market conditions and processing costs, some or all of the Electronic Material and Bulbs & Batteries may be disposed of in a disposal facility and notrecycled. Weights and/or unit counts of all Electronic Material and Bulbs & Batteries shall be determined upon receipt by Company or its subcontractor. All references to "Company" in this section of the Agreement shall also includeCompany's subcontractor(s). ADDITIONAL DEFINITIONS. The following additional definitions apply to Electronic Material Services and Bulb & Battery Recycling Services only: "Box Mail-Back Services" means services in which Company delivers boxes or containers designated for the packing and shipping of Electronic Material or Bulbs & Batteries by Customer (hereinafter "Box") to thedesignated processing facility. "Bulbs & Batteries" means those materials included in the Environmental Protection Agency's Universal Waste regulations set forth in 40 C.F.R. 273, including bulbs, batteries, TSCA-exempt ballasts and non-PCB ballasts,lamps, and other mercury-containing items and materials. "Bulb & Battery Recycling Services" includes Box Mail-Back Services as a means to recycle or dispose of Bulbs & Batteries. "Electronic Material" consists of any High Grade, Low Grade and Video Display Devices that are not excluded by these provisions relating to Electronic Material Services. Electronic Material does not include any solidwaste, non-electronicRecyclable Material or Excluded Waste. "Electronic Material Services" includes Box Mail-Back, Pack-Up and Pick-Up and/or Full Service as a means to recycle or dispose of Electronic Material. "Excluded Waste" means any material other than Electronic Material or Bulbs & Batteries. Electronic Material and Bulbs & Batteries may not be commingled. If Electronic Material is commingled with Bulbs & Batteries fora Bulb & Battery Recycling Service, the Electronic Material will be treated as Excluded Waste, and vice versa. "Full Service" means services in which Company provides all necessary containers, packaging, removal, loading and shipping of the Electronic Material to the designated processing facility. "High Grade" means electronic items that contain gold, silver and/or large circuit boards including, but not limited to, computers, switching equipment, telephones (cellular, cordless, wireless), and telephone carrier switchingequipment. "Low Grade" means electronic items that consist mostly of plastic and metal including, but not limited to, printers, keyboards/mice, countertop appliances with cords, media storage devices, and video games and accessories. "Pack Up & Pick Up Services" means services in which pre-packaged or palletized Electronic Material are collected by Company from a Site Location and transported directly to the designated processing facility. C&I_Std_1_20210105 A217138541 10 of 11 8.b.gPacket Pg. 52Attachment: Republic Dumpster Agreement (2652 : Blue Ridge Rock Festival Music Festival Permit
"Video Display Device" means computer terminal, oscilloscope, TV (CRT, LCD, plasma, rear projection), IT equipment, E-waste containing glass, monitor (CRT, LCD, plasma), and tablets. BOX MAIL-BACK SERVICES. In connection with Box Mail-Back Services, the following additional terms shall apply: Pre-Payment; No Refunds. With respect to Electronic Material, payment for Box Mail-Back Services is made in advance and if Customer returns an unused Box, Customer will receive a refund of up to 50% of thepurchase price. If Customer subsequently requests a Box for Electronic Material, Customer will be responsible for full pre-payment. With respect to Bulbs & Batteries, payment for Box Mail-Back Services is made inadvance and will not be refunded after a Box has been shipped to Customer. If Customer returns an unused Box, Customer will be responsible for its shipping cost to return the Box plus a restocking fee, which is $14 for alamp box and $12 for a battery/ballast box (restocking fees for other types of Boxes may vary). If Customer subsequently decides they require a Box, Customer will be responsible for the cost of re-shipping the Box. Expiration of Boxes. Each Box must be received by Company or its subcontractor by the expiration date printed on the prepaid return shipping label, which is typically twelve (12) months (the "Expiration Date"). IfCustomer ships a Box (for Electronic Material only) after its original Expiration Date or requests up to a one-year extension of the Expiration Date, Customer shall pay Company an additional fee in the amount of 50% of theoriginal Box purchase price. Company has no obligation after the Expiration Date (original or extended, if applicable) to process materials sent in for recycling and may return such materials to Customer at Customer'sexpense. Safe Packaging Obligation. Customer is responsible for complying with all packaging (including safely packaging contents), sealing, and shipping instructions included with each Box. Electronic Material Specifications. With respect to Electronic Material Box Mail-Back Services, Company reserves the right to bill additional amounts for any of the following: (i) any Box exceeding its specifiedmaximum weight in the amount of up to $0.83 per pound; (ii) shipping materials in the wrong Box or mixing materials in a Box; (iii) shipping materials that require additional labor for unpacking or disassembly up to $0.37per pound; (iv) processing electronics containing wood up to $0.23 per pound; (v) additional shipping charges beyond the amounts prepaid for any prepaid label; and/or (vi) return shipping charges for any Excluded Waste orBoxes received with expired labels. Bulbs & Batteries Specifications. With respect to Bulb & Battery Recycling Box Mail-Back Services, Company reserves the right to bill additional amounts for any of the following: (i) any Box exceeding its specifiedmaximum weight up to $1.50 per pound; (ii) shipping materials in the wrong Box or mixing materials in a Box; (iii) shipping materials that require additional labor for unpacking or disassembly; (iv) additional shippingcharges beyond the amounts prepaid for any prepaid label; and/or (v) return shipping charges for any Excluded Waste or boxes with expired labels received by Company. Automatic Reordering. For automatic reordering of Box Mail-Back Services, the following provisions will apply: Upon receipt of a Box from Customer, Company will automatically send Customer a Box identical to the one returned by Customer. Any Box must be used by Customer within twelve (12) months of receipt or anadditional charge may apply. Company may increase rates to cover increases in shipping, recycling, refurbishment, reuse, and/or disposal rates upon notice to Customer. Customer shall have 30 days following the expiration or termination of the Electronic Material Services or Bulb & Battery Recycling Services, as applicable, to use and return all of the Boxes in Customer'spossession. Company reserves the right to bill Customer for any Boxes not received by Company within 30 days following the expiration or termination of the Electronic Material Services or Bulb & BatteryRecycling Services, as applicable. PACK-UP & PICK UP SERVICES. In connection with Pack Up & Pick Up Services, the following additional terms shall apply: Safe Packaging Obligation. Customer is responsible for complying with all safety, packaging, sealing, and loading/palletizing instructions (including removing materials from their original packaging and/or not individuallywrapping all materials) included with each order, and shall ensure such is completed prior to the scheduled pickup date. Electronic Material Specifications. With respect to Electronic Material Pack-Up and Pick-Up Services, Customer shall ensure that Electronic Material is sorted into the following categories: (1) Video Display Devices; (2)High Grade; (3) Low Grade. A full list of Video Display Devices, High Grade and Low Grade Electronic Material is available upon request. If the Electronic Material is not properly sorted, Customer shall pay Company asorting charge of up to $0.22 per pound. If Electronic Material are not removed from their original packaging, an additional unpacking fee in the amount of up to $0.37 per pound will apply. If Electronic Material are notproperly loaded and palletized, an additional unsafe load conditions fee in the amount of up to $0.37 per pound will apply. FULL SERVICE. There is a minimum charge for Full Service. For loads of Electronic Material up to 466 pounds, the minimum charge for Full Service will be $660. For loads of Electronic Material over 466 pounds, the charge forFull Service will the weight of the load multiplied by the per pound charge quoted in the Service Details. CUSTOMER'S INITIAL: {{t:i;r:y;o:"Customer";l:"Initial";w:80;h:15;}} DATE: {{t:t;r:y;o:"Customer";l:"Date";w:80;h:15;}} C&I_Std_1_20210105 A217138541 11 of 11 CF5/17/20218.b.gPacket Pg. 53Attachment: Republic Dumpster Agreement (2652 : Blue Ridge Rock Festival Music Festival Permit
WATM, BRRF, BRCF 2021 Water & Wastewater Plans
Worship at the Mountain
●Water
○Concessions:
■PDE will sell canned water at the beverage booths for a reasonable price.
■Each person is allowed to bring (1) sealed water bottle into the festival
each day.
○Refill Stations:
■PDE will provide (2) stations within the festival grounds and campgrounds
where patrons can refill their hydration pack or water bottle for free
supplied by Event Water Solutions.
●Touch free Stand-Alone Water Station
○The stand-alone portable water filtration station is
approximately 8’ long and has an integrated quadruple
filtration system inside the cabinet for perfectly clean,
refreshing drinking water.
○The water will be sourced from either the well water
spigots or a potable tank then triple filtered and UV treated
through the water stations or filter packs. Once the water is
filtered and chilled, it is dispensed from four high flow touch
free pouring taps.
■The well water will be tested prior to the event.If it
is deemed as non-potable, then PDE will contract
with Crawford Water Hauling to supply potable
water trucks to fill the potable water tanks.
○EWS will have an attendant on-site for maintenance and to
ensure tanks do not empty before the end, if tanks are
utilized.
■Patrons are encouraged to bring an empty hydration pack or bottle into
the festival grounds to be refilled at the water stations
○Staff:
■PDE will provide bottled water to all event crew,staff, artists and
volunteers.
○Campers are allowed to bring their own water and beverages to their campsite.
●Wastewater
○All portable toilets will be pumped by United Site Services, the portable toilet
supplier. Festival units will be pumped overnight while the grounds are empty of
patrons. Camping units will be pumped during the day while camping patrons are
at the festival site.
■United is providing 4 attendants for cleaning and restocking as well as 2
trucks to pump units at scheduled times and provide emergency pumping,
if needed.
○Camping Patrons
8.b.h
Packet Pg. 54 Attachment: WATM, BRRF, BRCF 2021 Water & Wastewater Plans (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval
■All camping patrons are given the camp rules which explicitly state no
dumping.
■Gray water tanks are provided in common areas for disposal.
■United Site Services offers campers a call-in number to request pump
services if/when it is needed at an additional cost to the patron.
Blue Ridge Rock Festival
○Water
■Concessions:
●PDE will sell canned water at the beverage booths for a
reasonable price.
●Each person is allowed to bring (1) sealed water bottle into the
festival each day.
■Refill Stations:
●PDE will provide (5) stations within the festival grounds and
campgrounds where patrons can refill their hydration pack or
water bottle for free supplied by Event Water Solutions.
○Touch free Stand-Alone Water Station
■The stand-alone portable water filtration station is
approximately 8’ long and has an integrated
quadruple filtration system inside the cabinet for
perfectly clean, refreshing drinking water.
■The water will be sourced from either the well water
spigots or a potable tank then triple filtered and UV
treated through the water stations or filter packs.
Once the water is filtered and chilled, it is
dispensed from four high flow touch free pouring
taps.
●The well water will be tested prior to the
event. If it is deemed as non-potable, then
PDE will contract with Crawford Water
Hauling to supply potable water trucks to fill
the potable water tanks.
■EWS will have an attendant on-site for
maintenance and to ensure tanks do not empty
before the end, if tanks are utilized.
●Patrons are encouraged to bring an empty hydration pack or bottle
into the festival grounds to be refilled at the water stations
■Staff:
●PDE will provide bottled water to all event crew,staff, artists and
volunteers.
■Campers are allowed to bring their own water and beverages to their
campsite.
●Wastewater
8.b.h
Packet Pg. 55 Attachment: WATM, BRRF, BRCF 2021 Water & Wastewater Plans (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval
○All portable toilets will be pumped by United Site Services, the portable toilet
supplier. Festival units will be pumped overnight while the grounds are empty of
patrons. Camping units will be pumped during the day while camping patrons are
at the festival site.
■United is providing 6 attendants for cleaning and restocking as well as 2
trucks to pump units at scheduled times and provide emergency pumping,
if needed.
○Camping Patrons
■All camping patrons are given the camp rules which explicitly state no
dumping.
■Gray water tanks are provided in common areas for disposal.
■United Site Services offers campers a call-in number to request pump
services if/when it is needed at an additional cost to the patron.
Blue Ridge Country Festival
●Water
○Concessions:
■PDE will sell canned water at the beverage booths for a reasonable price.
■Each person is allowed to bring (1) sealed water bottle into the festival
each day.
○Refill Stations:
■PDE will provide (2) stations within the festival grounds and campgrounds
where patrons can refill their hydration pack or water bottle for free
supplied by Event Water Solutions.
●Touch free Stand-Alone Water Station
○The stand-alone portable water filtration station is
approximately 8’ long and has an integrated quadruple
filtration system inside the cabinet for perfectly clean,
refreshing drinking water.
○The water will be sourced from either the well water
spigots or a potable tank then triple filtered and UV treated
through the water stations or filter packs. Once the water is
filtered and chilled, it is dispensed from four high flow touch
free pouring taps.
■The well water will be tested prior to the event.If it
is deemed as non-potable, then PDE will contract
with Crawford Water Hauling to supply potable
water trucks to fill the potable water tanks.
○EWS will have an attendant on-site for maintenance and to
ensure tanks do not empty before the end, if tanks are
utilized.
■Patrons are encouraged to bring an empty hydration pack or bottle into
the festival grounds to be refilled at the water stations
○Staff:
8.b.h
Packet Pg. 56 Attachment: WATM, BRRF, BRCF 2021 Water & Wastewater Plans (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval
■PDE will provide bottled water to all event crew, staff, artists and
volunteers.
○Campers are allowed to bring their own water and beverages to their campsite.
●Wastewater
○All portable toilets will be pumped by United Site Services, the portable toilet
supplier. Festival units will be pumped overnight while the grounds are empty of
patrons. Camping units will be pumped during the day while camping patrons are
at the festival site.
■United is providing 4 attendants for cleaning and restocking as well as 2
trucks to pump units at scheduled times and provide emergency pumping,
if needed.
○Camping Patrons
■All camping patrons are given the camp rules which explicitly state no
dumping.
■Gray water tanks are provided in common areas for disposal.
■United Site Services offers campers a call-in number to request pump
services if/when it is needed at an additional cost to the patron.
8.b.h
Packet Pg. 57 Attachment: WATM, BRRF, BRCF 2021 Water & Wastewater Plans (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval
WATM, BRRF, BRCF 2021 Food Vendors
Worship at the Mountain
●Food Vendors:
○The festival will have approximately (15) local/regional food vendors at the
festival that will plan to serve patrons.
■Menu items will be approved by the PDE Vendor Coordinator to ensure a
variety of options are available at a reasonable price.
■Food allergies will be accommodated
○Permits & inspections
■A VDH and Fire Marshall inspection will take place before the vendor can
begin operations.
■All food vendors must have a valid VDH permit
○Wastewater
■The festival provides waste holding tanks for food vendors to dump their
gray water.
■United Site Services will be supplying these tanks and emptying them to
dispose of the gray water properly.
○Water
■Vendors are responsible for supplying their own potable water for
cooking.
○Handwashing
■Handwashing stations are provided in the food vendor preparation area.
Vendors may request to have their own hand washing station at their
booth.
○Power
■The festival provides food vendors with all of their power requirements.
Vendors must submit their power needs to the vendor coordinator in
advance.
●Camping:
○Campers are allowed to bring their own food to their campsite.
Blue Ridge Rock Festival
●Food Vendors:
○The festival will have approximately (50) local/regional food vendors at the
festival that will plan to serve patrons.
■Menu items will be approved by the PDE Vendor Coordinator to ensure a
variety of options are available at a reasonable price.
■Food allergies will be accommodated
○Permits & inspections
■A VDH and Fire Marshall inspection will take place before the vendor can
begin operations.
■All food vendors must have a valid VDH permit
○Wastewater
8.b.i
Packet Pg. 58 Attachment: WATM, BRRF, BRCF 2021 Food Vendors (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval
■The festival provides waste holding tanks for food vendors to dump their
gray water.
■United Site Services will be supplying these tanks and emptying them to
dispose of the gray water properly.
○Water
■Vendors are responsible for supplying their own potable water for
cooking.
○Handwashing
■Handwashing stations are provided in the food vendor preparation area.
Vendors may request to have their own hand washing station at their
booth.
○Power
■The festival provides food vendors with all of their power requirements.
Vendors must submit their power needs to the vendor coordinator in
advance.
●Campers are allowed to bring their own food to their campsite.
Blue Ridge Country Festival
●Food Vendors:
○The festival will have approximately (20) local/regional food vendors at the
festival that will plan to serve patrons.
■Menu items will be approved by the PDE Vendor Coordinator to ensure a
variety of options are available at a reasonable price.
■Food allergies will be accommodated
○Permits & inspections
■A VDH and Fire Marshall inspection will take place before the vendor can
begin operations.
■All food vendors must have a valid VDH permit
○Wastewater
■The festival provides waste holding tanks for food vendors to dump their
gray water.
■United Site Services will be supplying these tanks and emptying them to
dispose of the gray water properly.
○Water
■Vendors are responsible for supplying their own potable water for
cooking.
○Handwashing
■Handwashing stations are provided in the food vendor preparation area.
Vendors may request to have their own hand washing station at their
booth.
○Power
■The festival provides food vendors with all of their power requirements.
Vendors must submit their power needs to the vendor coordinator in
advance.
■All food vendors must have a valid VDH permit
●Campers are allowed to bring their own food to their campsite.
8.b.i
Packet Pg. 59 Attachment: WATM, BRRF, BRCF 2021 Food Vendors (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval
Blue Ridge Rock Festival, LLC/ Purpose Driven Events,LLC
4349447064
EVENT SAFETY
PLAN 2021
4009 Murray Pl. Lynchburg, VA 24501
8.b.j
Packet Pg. 60 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
INTRODUCTION
The 2021 Purpose Driven Event Season at Blue Ridge Amphitheatre,599 Carson Lester Lane
in Blairs,VA .The following events are scheduled for 2021:Worship at the Mountain
(September 3-5),Blue Ridge Rock Festival (September 9-12th),and Blue Ridge Country
Festival (October 1-3rd).The goal of the Event Safety Plan is to consolidate all information to
ensure proper planning and coordination between the event organizer,select staffing
providers,Security,emergency service providers,and various State entities.The Event Safety
Plan describes the responsibilities of key event staff,emergency services,and city officials in
the event of an emergency.
Each event is subject to multiple types of emergency situations including,but not limited to,
weather,fire,civil disturbance,and outbreak.Should any emergency be elevated from an
Event Safety Emergency to a Public Safety Emergency,the agency whose area of
specialization is required will take command.For example,if a fire breaks out on property the
Fire Department will take command.
Procedures for Sheriff's Deputy/Police,Fire Department,Emergency Medical Services,and
Virginia Department of Health are updated regularly by each Agency.In the event of a
potential emergency,Event Operations staff will join the existing Command Post previouslyestablishedbyPittsylvaniaSheriff/Fire/and EMS providers,and a course of action will be
determined by the Safety Team.When feasible public information will be released by the
Event Spokesperson at an appropriate location.It is understood that when there are
immediate safety concerns for the public and attendees County Officials will need to make
announcements as expeditiously as possible.
SECURITY PLAN
Event security staff will consist of private non-commissioned security guards who are licensed
and certified in the state of Virginia to provide event security management services to oversee
and implement the security plan.The Sheriff’s Office will receive a list of all onsite security
personnel at least 3 weeks prior to the event.A security briefing will minimally be conducted
daily prior to the start of event activities with all stakeholders.Private Security will be
responsible for all on site rule event enforcement. All posts will be manned by Private Security
except for mutually agreed static Sheriff's Deputy/Police positions inside and outside the
venue during hours of operation. Law Enforcement will be alerted by security of any violation
of the law and/or a disorder.If Security notifies law enforcement of a crime or other event
where arrest is made,the reporting guard will need to provide the Arresting Officer with theiridentifyinginformationtoincludefulllegalname,address,phone number,etc.for possiblesummonstocourt.The Director of Security will minimally disseminate daily reports on the
overall response of Security and Law Enforcement to stakeholders,in order to assist in
providing the necessary information to ensure adequate planning for the remainder of the
Event
VEHICLE ENTRY / EXITS
A minimal number of authorized vehicles may need to enter the Event Site and will be subject
to Virginia Department Of Transportation approved Traffic Plan.Authorized vehicles would
include but is not limited to,bands,service providers,emergency vehicles,and event staff.A
comprehensive list will be provided prior to events,along with examples of credentials.
VENUE ENTRY / EXITS
Upon entry into the venue,each patron is subject to a random pat down search of their person
and search of their personal effects for prohibited items.These searches absent probable
cause by Law Enforcement need,will be conducted by Event Security.A list of prohibited
items will be posted on the website and each event entrance.No weapons or outside alcoholic
beverages are permitted.The contracted private security company will do all patron searches.Empty hydration packs are permitted.Prohibited items will be determined by event organizers,and a list will be provided to security personnel.
8.b.j
Packet Pg. 61 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
Camping patrons will be subject to search upon arrival including their vehicles and personaleffects.A list of prohibited items will be provided to patrons as well as security.Prohibited
items that are not illegal will be seized by security.Illegal items seized will immediately be
turned over to Law Enforcement and will be documented accordingly.
SECURITY RESPONSE
Mobile security guards will maintain radio communication with the event management and
Unified Command.They are tasked with responding to any situation requiring attention
throughout the event grounds.Mobile security guards will monitor suspicious activities,check
fence lines and other tasks as designated.Mobile security guards will be equipped to dispatch
immediate medical or law enforcement assistance at all times.
STAGE AREAS AND BACK OF HOUSE
The event grounds are general admission for all patrons.Security staff will be at checkpoint
gates,where back of house workers enter and exit the venue,to control and monitor access.
Authorized staff members are instructed to display appropriate badges and/or wristbands to
security for their inspection to gain access.
ALCOHOL SERVICES
In compliance with the Virginia Alcohol Beverage Control,the following measures will be
implemented for the alcoholic beverage operations.
Identification:Certified servers will be hired to sell,serve and verify each purchaser
and consumer of alcoholic beverages.ID verification will take place at
each point of sale where a potential purchaser must present proper ID.
Once proper ID has been verified,a Tyvek tamper-proof wristband will
be attached to the person.Each time a person attempts to purchase
alcohol while on event grounds,they must present the wristband.The
wristband will be inspected to ensure it is attached properly to the
individual and must not be disturbed in any manner.If a server deems
the wristband has been tampered with,service will be denied and they
will instruct the patron to present ID and be reissued another
wristband.
Purchase Limit:A two (2)beverage maximum purchase limit will be in place for each
time patrons attempt to purchase alcohol.Signage will be posted at
each bar outlining the alcoholic beverage policy.
Mobile security guards will be responsible for surveying the grounds to identify possibleunderagedrinkersduringtheirroutinepatrol.If any are located they will immediately notify
Law Enforcement.Additionally Law Enforcement will patrol the grounds,at the direction of
their supervisors.No alcoholic beverages will be allowed to be taken outside the fenced area
of the venue.
INFO CENTER AND FAMILY REUNIFICATION
An Information Center will be staffed and located within the venue and Staff will assist with
patron needs,including family reunification.Staff will be on radio and will follow the
procedures listed below:
LOST CHILD/ SPECIAL NEEDS ADULT SCENARIO
1.Upon notification by the parent of the lost child,an Event Manager and Law
Enforcement will be notified.
2.The child’s last location and time will be determined.The staff initially contacted will
8.b.j
Packet Pg. 62 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
work to gather relevant descriptors from the reporting party.3.Pittsylvania County Sheriff’s Office will direct search for the lost child.
4.
LOST PARENT SCENARIO
1.Upon notification by child or patron of lost parent,an Event Manager will be called to
the appropriate center.
2.Event Manager will travel with child to last known location of parent.
3.After 5 minutes,if the parent has not been located,a description of parent,including
name, will be messaged out on the radio.
Under both circumstances,event staff will work expeditiously with local law enforcement to
ensure reunification is achieved.
SAFETY PLAN
The Safety Stakeholder List will include but not be limited to the following persons,who will
notified in the event of an emergency:
●Jonathan Slye Festival Producer Cell: (703) 618-3134
●Terry Wecker Chief Operating Officer Cell: (434)944-7064
●Cara Fischer Director of Operations Cell: (469)556-7785
●Christopher Strambler Security Director Cell: (703)887-4247
●Martin Jones Security Specialist Cell: (678) 938-6222
●Private Security Lead
●Sheriff Taylor Pittsylvania County
●Public Safety
●Health Department
●Virginia State Police
●Fire Chief
●EMS Lead
The Safety Stakeholders will take the necessary steps,as detailed within this plan,to ensure
the safety of all persons in the event of an emergency.The Stakeholders will also determine
what steps are needed to make the event ready for operation following the emergency.
Pittsylvania County Emergency service providers will establish a Unified Command Post.Only
predetermined authorized PDE employees will be allowed access into Unified Command.
TEAM RESPONSIBILITIES DURING EMERGENCY
1.Event TeamA.Staff Command PostB.Liaise with Producers to determine existing threat level and determine next steps
C.Inform all city services of situation and determine next steps
D.Manage site operations and vendors
E.Inform site crew and Food/Art/Bar management of situation and discuss next
steps
F.Secure site equipment
G.Prepare and facilitate fence openings at Emergency Exit points if needed
2.Security
A.Manage security operations and vendors
B.Inform Security agents, guards and gate staff of situation and discuss next steps
C.Maintain contact with event staff during evacuation to:
i.Assist and direct patrons to nearest exit
ii.Report any injuries of staff or patrons to supervisor
8.b.j
Packet Pg. 63 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
3.Sheriff's Office/ Police DepartmentA.Staff Command Post
B.Direct vehicular and pedestrian traffic to facilitate evacuation to determined
location(s)
C.Shift/remove barricades as deemed necessary
D.Set up advance teams and communications at evacuation sites, if needed
E.Provide support with evacuation procedures and maintain order
F.Direct Public Safety operations
4.Fire Department
A.Staff Command Post
B.Provide support with evacuation procedures and maintain order
C.Maintain fire control
D.Direct hazardous materials operations
5.Medical
A.Establish requirements for triageB.Patient treatment
C.Transport injured persons if needed
6.Virginia Department Of Health
A.Staff Command Post
B.Enforce and maintain Outbreak protocols
7.Production
A.Manage stage operations and vendors
B.Inform stage managers of situation and discuss next steps
C.Secure production equipment
D.Shut down electricity as required,ensuring all announcements have been made
prior to disconnect
LEVELS OF EMERGENCY SITUATIONS AND ACTIONSProducersoftheeventwillhavetheauthoritytoauthorize an information alert and/or anemergency alert. Two levels of emergency situations will be utilized.
Information Alert requires information distribution and serves as an advanced warning
towards approaching inclement weather.The information alert doesn’t typically require any
action by event staff,vendors or the public.Emergency Alert requires action by most,if not
all, people at the event.
INFORMATION ALERT – APPROACHING WEATHER
●Situation:If rain or other weather is moving toward the area,which may or may not
impact the event, an information alert is issued by the Command Post.
●Action:If this situation occurs, the following will take place.
o Event Command Post will notify Emergency Team members of the specific
situation and message an information notice only.Typically no action is
required.
o An ALL CALL transmission will go out to all radio users informing them of the
alert in a clear and succinct manner.Updates will be messaged out every 30
minutes until the alert is waived off.
INFORMATION ALERT – EVENT DELAY (CODE GREEN)
●Situation:If moderate rain will likely occur at the event site or other non-threatening
issue causes a delay in performance,an Information Alert will be issued by the Command
Post.
●Action:If this situation occurs, the following will take place:
o Command Post will be established.
8.b.j
Packet Pg. 64 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
o The Emergency Stakeholders Team will determine the course of action andcraft an Information notice.
o Command Post will notify the Production Manager to have the stage
manager(s) make a weather delay announcement on affected stages.
o Production and Site Managers will secure electrical equipment as required.
o If required,an ALL CALL transmission will go out to all radio users informing
them of the alert in a clear and succinct manner.Updates will be messaged
out until the alert is cancelled.
EMERGENCY ALERT – DANGER ALERT (CODE YELLOW)
●Situation:If winds in excess of 30 mph exist 20 minutes away from the event site or
another situation presents itself and a localized evacuation is imminent,an Emergency
Alert will be issued by the Command Post.Localized evacuation requires patrons AND
event staff to be a minimum of 150 feet from all free-standing structures (stages,scaffold
towers, large tents, and trees).
●Action:
o The Emergency Stakeholders Team will determine the course of action and
craft an Emergency notice.
▪Course of action must provide location of safe gathering areas
▪Proper communication to event staff for an organized evacuation
▪Clear guidelines on process and execution of evacuation
o An ALL CALL transmission will go out to all radio users informing them of the
alert in a clear and succinct manner.Updates will be messaged out every 10minutes until the alert is cancelled.
o Production Manager will direct staging vendors to implement wind action plans
at each stage and have stage managers make Weather Alert announcements
on all stages.
o Food/Art/Bar vendors should secure equipment,merchandise and displays
immediately after receiving the Emergency Alert.Specific attention should be
paid to signs and other items which can blow loose and become a dangerous
projectile… Patrons should NOT be permitted to seek shelter in Vendor tents.
o Patrons AND event staff will be escorted,at a minimum of 150 feet,from any
stages,scaffold towers and large tents and will be directed to safe areas by
event staff.Specifically,Security housing and Show Field Market tents,must
be cleared of all persons and are NOT to be utilized as shelter.
o All Event Staff and Emergency Team must report to Command Post (by radio
or cell phone) that all areas have been secured and await further instruction.
EMERGENCY ALERT - EMERGENCY EVACUATION (CODE RED)
●Situation:If a potentially severe storm (to include high winds,lightning and/or hail)oranotherpotentiallydangeroussituationispredictedtoaffecttheeventsite,an Emergency
Alert will be issued by the Command Post.
●Action:If this situation occurs the following will take place.
o The Emergency Stakeholder Team will determine the need for site evacuation and
craft an Emergency Alert.
●Course of action must provide designated evacuation corridors and
destinations.
●Proper communication to event staff for an organized evacuation.
●Clear guidelines on process and execution of evacuation.
o An ALL CALL transmission will go out to all radio users informing them of the alert in a
clear and succinct manner.Updates will be messaged out every 5 minutes until the
alert is waived off.
o Production Manager will direct staging vendors to implement wind action plans at each
stage and have stage managers clear their respective areas.
●Food/Art/Bar vendors should secure equipment,merchandise and cash immediately after
receiving the Emergency Alert.ALL Front of House staff will be required to leave the site
and assist by encouraging others to do so.Designated staff meeting points will be
determined and messaged to all staff in advance of the event.
8.b.j
Packet Pg. 65 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
●Patrons will be directed to the nearest exit by event staff and directed to the nearestdesignated meeting point relative to the proximity of the emergency and location of exit.
●Sheriff's Deputy/Police will direct vehicular and pedestrian traffic according to their
assigned stations.
●Event staff with radios are required to message to all persons within their department
verbally and will report to Command Post (by radio or cell phone)when evacuation is
complete.
●ALL staff will be required to download and install the Event app to be connected with
emergency push notifications.
ANNOUNCEMENTS TO PATRONS
1.Event Delay -“We have been informed that light to moderate rain is on its way to this
area.We are not expecting a severe storm,but we may delay the event temporarily due to
rain. Additional information will be provided shortly.”
2.Danger Alert -“We have received warning from the National Weather Service (agency
reporting)that a potentially dangerous storm is possibly on its way to this area within the next
___hour (correct timeline).Tonight’s activities have been postponed.Please clear away from
the stage and follow direction from event staff.Thank you for your patience and cooperation.
Once again, please step away from the stage.”
3.Event Evacuation -“We have received warning from the National Weather Service
(agency reporting)that a potentially dangerous storm is possibly on its way to this area.We
have been asked by the Sheriff's Deputy/Police/fire department to evacuate the event site.
Please clear away from trees and any structure and calmly head to the nearest exit and follow
direction from event staff and Sheriff's Deputy/Police.The event will reopen as soon as thestormhaspassedandconditionsaresafe.Once again,calmly head to the nearest exit.Thankyou for your cooperation”
GENERAL INSTRUCTIONS
A.All personnel must remain on their assigned radio channel unless directed by
command post.
B.Command Post is to make status announcements on all radio channels in use as
needed.
C.Do not talk on the radio unless you have something to report or ask relating to the
emergency.Do not ask for weather reports.The Command Post will keep you
informed as information becomes available.Do not report weather conditions you
can’t personally see. Do not report information from outside sources.
D.Report to your assigned area (assigned by your supervisor).
E.Report into Command Post (by radio)or your supervisor once your assignment
has been carried out.
F.Report to Command Post (by radio)when your area has been evacuated and
secured for weather. This can be completed as you are going to a shelter.
G.Do not go to the Command Post unless instructed.
H.Report any damage to equipment,injuries or dangerous situations you encounter
after the emergency is over.
COMMAND POST ANNOUNCEMENTS
The Command Post will make announcements on all event radio channels at the direction of
the Emergency Team to declare an Information Alert or Emergency Alert.Because the generalpublicmayheartheseannouncements,care should be taken to communicate only therequired information in a calm manner.
ALL CALL Radio Transmission should be as follows:
“Command Post to all units, stand by for an announcement...”
“Command Post to all units, we are currently under an Information Alert / Emergency Alert…”
8.b.j
Packet Pg. 66 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
“Please report to your area of responsibility and provide the following information to vendors,entertainment, etc. in your assigned areas…”
WEATHER MONITORING
The Event Director is responsible for maintaining contact with the National Weather Service to
receive weather updates on any potential severe weather threats.This includes forecasts as
well as hourly updates in the event severe weather is expected to move into the area during
the event.Blue Ridge Amphitheater will maintain a weather monitoring post in the Event
Operations trailer.The event also utilizes an online weather monitoring subscription and will
have a local meteorologist on call as necessary.
HIGH WIND ACTION PLAN
Each stage maintains a high wind action plan tailored to its structure.Certain actions will be
triggered by observed (or predicted)wind speeds,which include,but are not limited to,
removal of soft goods and scrims,lowering of video and audio,raising or lowering lighting
trusses and evacuation process.A spreadsheet will be built indicating the required actions at
each stage.The necessary labor will be on hand as well to carry out the plan.Meeting with
each stage manager,stage-specific vendors and stagehand labor will ensure that all necessaryactions are understood at every stage prior to doors opening.
MEDICAL PLAN
The goal of the event's medical staff is to provide quality and safe medical care to the
patrons,staff,volunteers,and performers and to reduce the potential for serious/life
threatening injuries.Direct coordination is imperative with all county services
organizations,local hospitals,event organizers and the provider to ensure the goal is
achieved.
MEDICAL EMERGENCIES
All requests for medical assistance must be communicated to medical dispatch via
staff radio.Medical response will be determined by dispatching the closest available
medical personnel to the location of the person needing attention.
Medical Incident Reporting Procedure
●A staff member or security shall stay with the patient at all times until care is
transferred to medical personnel.
●Contact medical dispatch and relay the nature of the injury and location of theinjured person.When possible try to provide the closest section map location or landmark.
●Communicate patient information only to medical personnel.Do not violate
HIPAA laws by relaying information to anyone outside of the above
personnel.
●Public health concerns will be directed to VA Department of Health
SERVICES PROVIDED
EMS will be onsite during the event at the venue.
Medical will utilize Two hospitals as our primary transport hospitals.Response teams and
ambulances will be controlled by medical dispatch and destinations will be determined by the
regional hospital coordination center manned by the Virginia Department of Health.
Fire Department will determine an appropriate landing zone on site in the event of a Medevac
transport.Production will be notified prior to ensure all concert lighting effects will be
8.b.j
Packet Pg. 67 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
deactivated to allow for helicopter access.EMS will transport patient to the LZ and hand off tothe Medevac team.
CORE HOSPITALS
SOVA Health-
142 South Main Street
Danville, VA 24541
Centra Gretna Medical Center
291 McBride Ln
Gretna, VA 24557
SOVA Health-Martinsville
320 Hospital Dr
Martinsville, VA 2411
Centra Health Lynchburg General LEVEL II Trauma Center
1920 Atherholt Road
Lynchburg, VA 24501
North Carolina Level II Trauma Center
Moses Cone Health System—Greensboro
1121 North Church St Entrance A, Greensboro, NC 27401
HEAT READINESS PLAN
When weather forecasts predict daytime temperatures in excess of 90°,heat related medical
occurrences are a safety concern for attendees.Hydration stations will be provided by event
organizers at no cost to patrons.Beverage stations for sale will be readily available.If
required,additional Fire Department resources will respond to the event.Additional paramedic
units will be directed to arrive at the vehicle entrance.
EVENT MANAGEMENT NOTES
Emergency entrance and exit plans will be established based on event layout.
Event mapping and an event grid will be established for each event and be distributed to all
stakeholders in advance.
Please note this Safety Plan is not intended to be all encompassing.Additional documentation
and communications between PDE and County Stakeholders will be considered as part of this
document's extension and planning.
8.b.j
Packet Pg. 68 Attachment: 2021 Overall Event Safety Plan (Fire, EMS and Security) (2652 : Blue Ridge Rock Festival Music Festival Permit Application
Prohibited Items
• Illegal drugs/drug paraphernalia — No illegal substances of any kind. Prescriptions
must match the name of the prescription holder’s legal ID card.
• Weapons— any weapons of any kind, including firearms
• Fireworks of any kind or size
• Glass bottles or containers of any kind
• Unlicensed Vending– Those caught doing so will be removed from the Property with
all concession/vending materials confiscated.
• Backpacks and large bags are prohibited in the Show Field. Bag policy:
o Empty hydration packs that are less than 5” deep are permitted. No “cargo-
carrying” hydration packs.
o Bags smaller than 8” x 11” x 5” are allowed.
o Fanny packs are allowed.
o Any bags larger than 8” x 11” x 5” must be clear or mesh and have no more
than a single pocket.
o All bags will be searched upon entering the venue.
• Coolers in the concert arena
• Outside food or beverage in the concert arena
• Charcoal / Wood Fires
• Open Flames
• Motorized vehicles (golf carts, ATVs, etc.)
• Pets of any kind– with the exception of service animals.
• Wagons in the concert arena
• Hammocks in the concert arena
• Box trucks
• Drones of any size
• Paper Lanterns (aka Peace Lanterns, Sky Lanterns, or other floating lanterns)
• Professional Cameras (i.e. those with removable lenses) without appropriate
credentials
• Tents or shade structures in the concert arena— small umbrellas are allowed, but
only behind or even with the Front of House/Sound/Lighting Mixing Station.
• Inflatable furniture and furniture larger than a standard lawn chair in the concert
arena. Chairs must be no greater than 12” off the ground. Blankets and low-back
chairs are allowed, but only behind “no chair zone”. No chairs or place holding on
the VIP or other viewing platforms.
• Selfie sticks
• Helium or other pressurized gas tanks– Small propane tanks allowed within
campsites
• Generators– Except in RV camping. Small generators will be allowed in the RV
campground area.
• Public nudity is prohibited in the State of Virginia.
• Bringing or Constructing an outdoor shower that is NOT provided by Blue Ridge
Rock Festival.
• Mobile Totems and Flags policy: Must not exceed a height of 7’. Must be made of
PVC.
• Offensive Items— BLUE RIDGE ROCK FESTIVAL reserves the right to prohibit the
exhibition of any item that BLUE RIDGE ROCK FESTIVAL deems offensive.
8.b.k
Packet Pg. 69 Attachment: BRRF Prohibited Items (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact:
*All vehicles will be searched upon entering campgrounds. Patrons are subject to search
upon entering the Show Field. BLUE RIDGE ROCK FESTIVAL is not responsible for
confiscated items. Prohibited items subject to change.
**BLUE RIDGE ROCK FESTIVAL reserves the right, at all times and in the sole and
absolute discretion of Event Organizers, to either to deny any person entry into or to eject
any person from the Festival Grounds venue and/or the event site for violation of any
Festival Event Rules, including, but not limited to, seeking to bring, into and/or possessing
or using any prohibited items while on at the Festival Venue and/or Festival Campgrounds.
All such Festival Event Rules may be updated or modified at any time, without notice.
8.b.k
Packet Pg. 70 Attachment: BRRF Prohibited Items (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact:
Parking Plan
September 9-12, 2021
─
Prepared by Terry Wecker
Chief Operating Officer
Purpose Driven Events
4009 Murray Place
Lynchburg, VA 24501
8.b.l
Packet Pg. 71 Attachment: BRRF Parking (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Overview
Blue Ridge Rock Festival is a Music Festival that takes place between September 9-12,
2021. Attendance projections are 40,000 attendees/ day. Approximately 65% of attendees
are anticipated to camp at the venue. It is projected that attendees will largely consist of
frequent festival goers with an average age of 32 and median income of $75k/ year.
Purpose Driven Events (PDE) will contract with a third party parking company skilled in
festival parking management to conduct parking services. PDE will also contract with a
third party shuttle service, who is well versed in shuttling for large events and festivals.
Goals
1.To minimize the impact of traffic for neighboring homes and businesses.
2.To ensure a smooth and safe check in and parking process for patrons.
8.b.l
Packet Pg. 72 Attachment: BRRF Parking (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Site Plan
8.b.l
Packet Pg. 73 Attachment: BRRF Parking (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
8.b.l
Packet Pg. 74 Attachment: BRRF Parking (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Parking Details
Camping Parking
●Approximately 65 % of attendees are anticipated to camp.
●Camping Check in will begin at 1:00 PM on 9/8. Check out will take place
between 9-1:00 PM on 9/13.
●If traffic backs up onto Lester Lane, a Car Camping holding area will be
utilized across from Campground 2 on Carson Lester Lane. Four lanes will
be established to maximize efficiency.
●Campers will park their vehicles at their site.
○Campground 1 and Campground 2 will be filled simultaneously
followed by the remainder of campgrounds in numerical order.
○Camping lots not yet filled will be utilized as holding areas to pull
traffic off of Lester Lane.
○Car Campsites are 20’x20’ spots including the vehicle
■Sites will be stacked rows of cars, with separation between
rows.
○Rv Camping Spots are 20’x40’ including the patrons vehicle
●Once Campers are parked they will stay for the remainder of the event until
the morning of 9/13/2021. Cars will not be allowed to come and go from
the camping area.
●To minimize wait times, all Camping tickets will be sold in advance only.
Patrons will receive their camping passes in advance by mail.
Day Parkers
●Approximately 45% of attendees are anticipated to utilize day parking.
●Day Parking Lots will open 2 hours prior to gate openings
●Weekend and Single Day Parking Passes will be sold and distributed prior to
the event, as well as the day of the event.
○Traffic will be directed off of the Roadway into holding areas
designated at each of the 3 lots.
■Lanes Marked with Signage will be established for Parking
Pass Holders to allow for quick recognizination and movement
from the holding area into day parking.
8.b.l
Packet Pg. 75 Attachment: BRRF Parking (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
■Separate Marked Lanes will be established for those who do
not yet have a parking pass.
●Parking passes will be sold at the vehicle window in the
holding area.
○Multiple sellers will be utilized in order to speed
this process.
●Those vehicles will then move out of the holding area
and into lines established for Parking Pass holders to
be parked.
●Day Parkers will then be directed to Shuttle Pick up areas at each of the lots.
○Attendants and signage will be utilized to guide attendees to shuttle
locations.
○Shuttles will then take patrons to a drop off location on Carson Lester
Lane just outside of the festival venue entrance.
■They will utilize a U shaped entrance/ exit.
Rideshare Drop Off
●Will be clearly marked with signage at Lot 1.
●Will utilize a U shaped design for easy entrance and exit of vehicles.
8.b.l
Packet Pg. 76 Attachment: BRRF Parking (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Blue Ridge Rock
Festival Lighting Plan
Stage Lights:
●All stage lights will be turned off immediately following the end of the headliner set, which
ends at approximately 11pm.
○White track lighting underneath the stage roof will remain on while the crew
clears the stage, approximately one to two hours after the headliner set ends.
○Crowd lights will turn on after the headliner set and will remain on for 45 minutes
while security moves the crowd towards the exits.
●(2) Main Stages
○4 Tyler Truss 10’
○.5 A Type Circle Truss 41’9” OD dia
○.5 A Type Circle Truss 30’ OD dia
○.5 A Type Circle Truss 20’ OD dia
○1 A Type Circle Truss 10’ OD dia
○5 12’ x 10” Truss
○2 Lycian M2 Spot (main body)
○2 Lycian M2 Spo Long Throw Lens Only
○24 Chauvet Strike 4
○20 Clay Paky Sharpy
○28 Elation Proteus Rayzor 760 IP 65
○25 Elation SixBar 1000 IP65
○9 Elation CuePix WW4
○25 GLP X4 RGBW
○6 VL 3000 Spot
○2 Grand MA 2 Full
○1 Grand MA 2 NPU
8.b.m
Packet Pg. 77 Attachment: BRRF Lighting Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
●(2) Side Stages
○DS Truss
■4 Tyler GT Moving Light Truss w/ Rolling Legs 10ft Black
■8 Elation Proteus Hybrid IP65 Moving Light
■6 Chauvet Storm 1 Wash*
■6 Chauvet Strike 1 Single-Pod IP65 LED Blinder
○MS Truss
■5 Thomas Moving Light Truss
■6 Martin Mac Viper Profile Moving Head Fixture
■6 Martin Rush MH3 Beam
■6 Martin Mac Aura LED Wash Moving Head
■3 Stormy CC Strobe*
○US Truss
■5 Thomas Moving Light Truss
■6 Martin Mac Viper AirFX
■6 Martin Rush MH3 Beam
■6 Martin Mac Aura LED Wash Moving Head
■3 Stormy CC Strobe*
●(2) Rising Band Stages
○DS Truss
■4 Thomas Truss GP 12in x 12in x 10ft
■10 Elation Sixpar 300 IP Fixture Kit
○US Truss
■4 Thomas Truss GP 12in x 12in x 10ft
■4 Chauvet Rogue RH1 Hybrid Moving Head Fixture
■8 Elation Level Q7 IP Fixture Kit
■8 Elation Sixpar 200 IP Fixture Kit
8.b.m
Packet Pg. 78 Attachment: BRRF Lighting Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Tent Lights:
●All tent lights will be unplugged one hour after gates close, which will be approximately
12am.
●Vendor, sponsor and concession tents
○Par 64 Can Lights
○1000 watt
○Transitional uplighting
○Directed at canopy from underneath the tent
●VIP Tents
○Bistro/Cafe String Lights
■Warm, Soft Golden Glow, 2500-2600(k)
■0.49 watt/bulb
8.b.m
Packet Pg. 79 Attachment: BRRF Lighting Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Parking Lot and Camping Lights:
●All parking lot lights will be turned off at approximately 1am or when the police
department and festival security deem it is safe.
●All camping lights will be turned off during quiet hours, which begins at 2am
●4000W 20kW Wide Vertical Mast Light Tower
○Adjustable and fully rotational mast
■Directional lights, pointing towards the ground
○Diesel Engine -Isuzu 34 HP Diesel
○60 HZ
Festival Ground Lights:
●All festival ground lights will be turned at approximately 12:30 am or when the police
department and festival security deem it is safe.
●LED lighting balloon
○Luminous flex: 21,000 LM
○Glare free globe light
○360° radius
8.b.m
Packet Pg. 80 Attachment: BRRF Lighting Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O
H2O H2O
POND
PONDNO BUILDNO
BUILD
STA
G
E
CARSON LESTER LN
GRAV
E
L
R
O
A
D
GRA
V
E
L
R
O
A
D
P
R
O
P
E
R
T
Y
L
I
N
E
PROPERT
Y
L
I
N
E
ACCE
S
S
HATC
H
CON
C
R
E
T
E
PAD
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAIN
UNDERGROUND
STORM DRAINGRAVEL ROADGRAVEL RO
A
D
SHED
10x10
20x2
0
30x2
0
20x10
20x10
20x10
20x10
20x10
10x10
40x2
0
40x2
040x20
40x20
60x206
0
x
2
0
60x20
40x40
40x40
20x10
20x
1
0
10x1
0
20x20
40x2080x40
60x30
20x10
20x10
40x20
20x20CMFTCMFT CMFTCMFT
CIRC
U
S
TEN
T
100'x
1
5
0'
AFTE
R
PAR
T
Y/
A
C
O
U
S
TI
C
TEN
T
40m
x
7
0
m CONCER
T
BOO BAR8
D
IAMOND
M
ARVE
LSMOON GODD
ESSGRA
VEY
ARD
D
ISC
I
P
L
ES
JE
FF
EDN
EY
STUD
IOS
TBDRON
Z
WO
R
LD
20x10RON
Z
WOR
LD
V
I
P
T
B
D
TBD
BAR
7
BAR
6
BAR
3
B
A
R
4
MERCH
ARTIST
CHECKI
N
/
M
E
R
C
H
PREP
CATERING
B1
76'
x
5
6
'
A1
90'x 5
6'C148'x 40'B2
64'x 5
6'
A2
90'x 56'C248'x 40'BAR
2
STORAGE
VI
P
BA
R
TO
YO
T
A
MAIN
PORTAL
MAIN BOXOFFICETIXHELPBAR
1
FOH
16'x 16'
104+8
VIP
BAR
90+6
VIP
2
100'x 120'
VIP
1
120'x100'
UFO
DEEP FRIED DOMINO'STEAM COBBSGOUDA BOYS HARDMANSMOKE STACKBUTTS-UPBAR-B-QUEOH PIZZA AND PRETZELSPINE ISLANDNOODLESSPUDSFRESH FRIESFOH
32'x 24'ADA
24'x 24'
FOH
24'x 24
'
FOH
32'x
2
4'ADA
24'x
2
4'
FO
H
24'x 2
4
'FOH
16'x 16'
BAR
5BREW CO
MEDICAL
SECURITY
GOOD
LIFE
0 25 50 100FT
172+8
TEMP
O
R
A
R
Y
R
O
A
D/
G
R
O
U
N
D
P
R
O
T
E
C
TI
O
N
TEMPO
R
A
R
Y
R
O
A
D
/
G
R
O
U
N
D
P
R
O
T
E
C
T
I
O
N
TEMPORARY ROAD/GROUND PROTECTION
EE EEEE
EE
EE EE
A2 PRODUCTION GROUP LLC FILE NO. PDE10002
1 2 3 4 5 6 7 8
A
B B
9 10 11
A
C C
D
E E
D
12
F F
G G
H H
I
1 2 3 4 5 6 7 8 10 11 12 13
I
BLUE RIDGE ROCK AMPHITHEATER
BLUE RIDGE ROCK AMPHITHEATER
BLUE RIDGE ROCK FESTIVAL
599 CARSON LESTER LANE
DANVILLE, VA 24540
SCALE
NOTES
DESIGNED :
DRAWN :
VERSION:
DATE:6.22.2021
A2 PRODUCTION GROUP LLC - AB
PDE- FISCHER
v4
4009 MURRAY PLACE
LYNCHBERG, VA 24501
NORTH
AS NOTED
FENCE LINEAR FEET 7422'-0"
8.b.n
Packet Pg. 81 Attachment: BRRF LED Balloon Lights (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
8.b.o
Packet Pg. 82 Attachment:
Soundvision
Version: 3.1.0.47
Author: Nick Thieme
Date: 2019/05/02
File name: miami u graduation.xmlp
Distance unit:ft.in
Scale factor:1.000000
Weight unit:kg
Delay unit:ms
1. Group: insides
1. Source: inside sl
1. 1. Physical configuration
Configuration: vertical, flown array
Bumper: K2-BUMP + 2xK2-BAR hole B
# motors: 2
Front left motor position (X; Y; Z, ft.in): 9 (28.10; 151.02; 27.09)
Front right motor position (X; Y; Z, ft.in): 9 (33.02; 151.02; 27.09)
Position (X; Y; Z, ft.in): 31.00; 150.00; 27.00
Site: -4 °
Azimuth: 180 °
Page 1 of 9
8.b.p
Packet Pg. 83 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Spatial dimensions (X; Y; Z, ft.in): 4.05; 4.02; 9.11
Bottom elevation: 18.02 ft.in
Top site: -4 °
Bottom site: -40 °
Total weight: 524.3 kg
Front left motor load: 262.2 kg
Front right motor load: 262.2 kg
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
1 K2 5 -4 27.00 25.10 K2 110
2 K2 0.25 -4.3 25.10 24.08 K2 110
3 K2 0.25 -4.5 24.08 23.06 K2 110
4 K2 3 -7.5 23.06 22.04 K2 110
5 K2 5 -12.5 22.04 21.02 K2 110
6 K2 7.5 -20 21.02 20.01 K2 110
7 K2 10 -30 20.01 19.01 K2 110
8 K2 10 -40 19.01 18.02 K2 110
1. 2. Acoustic configuration
None
2. Source: YZ Sym of inside sl
2. 1. Physical configuration
Configuration: vertical, flown array
Bumper: K2-BUMP + 2xK2-BAR hole B
# motors: 2
Front left motor position (X; Y; Z, ft.in): 9 (-33.02; 151.02; 27.09)
Page 2 of 9
8.b.p
Packet Pg. 84 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Front right motor position (X; Y; Z, ft.in): 9 (-28.10; 151.02; 27.09)
Position (X; Y; Z, ft.in): -31.00; 150.00; 27.00
Site: -4 °
Azimuth: -180 °
Spatial dimensions (X; Y; Z, ft.in): 4.05; 4.02; 9.11
Bottom elevation: 18.02 ft.in
Top site: -4 °
Bottom site: -40 °
Total weight: 524.3 kg
Front left motor load: 262.2 kg
Front right motor load: 262.2 kg
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
1 K2 5 -4 27.00 25.10 K2 110
2 K2 0.25 -4.3 25.10 24.08 K2 110
3 K2 0.25 -4.5 24.08 23.06 K2 110
4 K2 3 -7.5 23.06 22.04 K2 110
5 K2 5 -12.5 22.04 21.02 K2 110
6 K2 7.5 -20 21.02 20.01 K2 110
7 K2 10 -30 20.01 19.01 K2 110
8 K2 10 -40 19.01 18.02 K2 110
2. 2. Acoustic configuration
None
Page 3 of 9
8.b.p
Packet Pg. 85 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
2. Group: mids
1. Source: YZ Sym of K1 1
1. 1. Physical configuration
Configuration: vertical, flown array
Bumper: K2-BUMP + 2xK2-BAR hole A
# motors: 2
Front left motor position (X; Y; Z, ft.in): 7 (-39.10; 151.05; 27.08)
Front right motor position (X; Y; Z, ft.in): 7 (-35.08; 149.11; 27.08)
Position (X; Y; Z, ft.in): -38.00; 150.00; 27.00
Site: -0.6 °
Azimuth: -160 °
Spatial dimensions (X; Y; Z, ft.in): 4.05; 4.01; 11.03
Bottom elevation: 16.08 ft.in
Top site: -0.6 °
Bottom site: -1.6 °
Total weight: 724.3 kg
Front left motor load: 362.2 kg
Front right motor load: 362.2 kg
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
1 K1 0 -0.6 27.00 25.07
2 K1 0 -0.6 25.07 24.02
3 K1 0 -0.6 24.02 22.09
4 K1 0 -0.6 22.09 21.04
5 K2 0.25 -0.9 21.04 20.02 K2 90
Page 4 of 9
8.b.p
Packet Pg. 86 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
6 K2 0.25 -1.1 20.02 18.12 K2 90
7 K2 0.25 -1.4 18.12 17.10 K2 90
8 K2 0.25 -1.6 17.10 16.08 K2 90
1. 2. Acoustic configuration
None
2. Source: K1 1
2. 1. Physical configuration
Configuration: vertical, flown array
Bumper: K2-BUMP + 2xK2-BAR hole A
# motors: 2
Front left motor position (X; Y; Z, ft.in): 5 (35.10; 149.08; 27.07)
Front right motor position (X; Y; Z, ft.in): 5 (39.11; 151.02; 27.07)
Position (X; Y; Z, ft.in): 38.00; 150.00; 27.00
Site: 4.4 °
Azimuth: 160 °
Spatial dimensions (X; Y; Z, ft.in): 4.05; 4.03; 11.03
Bottom elevation: 16.08 ft.in
Top site: 4.4 °
Bottom site: -1.9 °
Total weight: 724.3 kg
Front left motor load: 362.2 kg
Front right motor load: 362.2 kg
Page 5 of 9
8.b.p
Packet Pg. 87 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
1 K1 0 4.4 27.00 25.07
2 K1 0 4.4 25.07 24.02
3 K1 0 4.4 24.02 22.09
4 K1 0 4.4 22.09 21.04
5 K2 0.25 4.2 21.04 20.02 K2 90
6 K2 2 2.2 20.02 18.12 K2 90
7 K2 2 0.2 18.12 17.10 K2 90
8 K2 2 -1.9 17.10 16.08 K2 90
2. 2. Acoustic configuration
None
3. Group: outs
1. Source: K2 1
1. 1. Physical configuration
Configuration: vertical, flown array
Bumper: K1-BUMP
# motors: 2
Front motor position (X; Y; Z, ft.in): 1 (50.03; 149.11; 27.10)
Rear motor position (X; Y; Z, ft.in): 2 (46.07; 151.03; 27.03)
Position (X; Y; Z, ft.in): 50.00; 150.00; 27.00
Site: 8.6 °
Azimuth: 110 °
Spatial dimensions (X; Y; Z, ft.in): 4.05; 4.04; 8.05
Page 6 of 9
8.b.p
Packet Pg. 88 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Bottom elevation: 19.07 ft.in
Top site: 8.6 °
Bottom site: -18.9 °
Total weight: 544 kg
Front motor load: 440 kg
Rear motor load: 104 kg
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
1 K1 0 8.6 27.00 25.07
2 K1 0 8.6 25.07 24.02
3 K2 5 3.6 24.02 23.00 K2 110
4 K2 7.5 -3.9 23.00 21.10 K2 110
5 K2 7.5 -11.4 21.10 20.09 K2 110
6 K2 7.5 -18.9 20.09 19.07 K2 110
1. 2. Acoustic configuration
Enclosure 1: K1
Gain:6 dB
Enclosure 2: K1
Gain:6 dB
Enclosure 3: K2
Gain:6 dB
Page 7 of 9
8.b.p
Packet Pg. 89 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Enclosure 4: K2
Gain:6 dB
2. Source: YZ Sym of K2 1
2. 1. Physical configuration
Configuration: vertical, flown array
Bumper: K1-BUMP
# motors: 2
Front motor position (X; Y; Z, ft.in): 1 (-50.03; 149.11; 27.10)
Rear motor position (X; Y; Z, ft.in): 2 (-46.05; 150.08; 27.07)
Position (X; Y; Z, ft.in): -50.00; 150.00; 27.00
Site: 4.4 °
Azimuth: -100 °
Spatial dimensions (X; Y; Z, ft.in): 4.05; 4.03; 5.07
Bottom elevation: 22.04 ft.in
Top site: 4.4 °
Bottom site: -10.9 °
Total weight: 332 kg
Front motor load: 249.2 kg
Rear motor load: 82.8 kg
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
1 K2 5 4.4 27.00 25.10 K2 110
2 K2 0.25 4.2 25.10 24.08 K2 110
3 K2 7.5 -3.4 24.08 23.06 K2 110
Page 8 of 9
8.b.p
Packet Pg. 90 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
#Type Angles (°)Site (°)Top Z (ft.in)Bottom Z (ft.in)H Opening
4 K2 7.5 -10.9 23.06 22.04 K2 110
2. 2. Acoustic configuration
Enclosure 1: K2
Gain:6 dB
Enclosure 2: K2
Gain:6 dB
Page 9 of 9
8.b.p
Packet Pg. 91 Attachment: Sound Plan (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
8.b.q
Packet Pg. 92 Attachment: BRRF Decibel Levels (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Nigel James, Production Manager, with Purpose Driven Events is handling all advances with
bands. He has identified the following bands are currently in contact and seeking permits from
Pittsylvania County:
●Shinedown
●I Prevail
●Five Finger Death Punch
Any additional bands that express intentions to utilize pyrotechnics will be disclosed to the
County. PDE has been working with Chris Slemp of Public Safety to ensure that we forward all
bands to him to ensure they all have proper permitting prior to the festival. No bands will be
permitted to utilize Pyrotechnics at the festival without prior approval and proper permitting.
8.b.r
Packet Pg. 93 Attachment: Pyrotechnics (2652 : Blue Ridge Rock Festival Music Festival Permit Application Approval Consideration (Staff Contact: E)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-016; Stella and Joanna Hunt; Rezoning from
R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (Supervisor Dudley)
Staff Contact(s): Emily S, Ragsdale
Agenda Date: July 20, 2021 Item Number: 10.A.1
Attachment(s): Case R-21-016 Hunt Application
Case R-21-016 Hunt Map
Reviewed By:
SUMMARY:
In Case R-21-016, Stella and Joanna Hunt (“Petitioners”) have petitioned to rezone 1.92 acres
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the
property to be subdivided). The subject property is located on located on State Road 668/Level
Run Road, in the Staunton River Election District, and shown on the Tax Maps as GPIN # 2564-
66-6876. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code §
35-178 are permitted. On June 1, 2021, the Planning Commission recommended by an 8-0 vote,
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-21-016 as presented. The subject property is
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-21-016, I make a Motion to approve the rezoning of 1.92 acres from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be
subdivided. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.1
Packet Pg. 94
10.A.1.a
Packet Pg. 95 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.a
Packet Pg. 96 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.a
Packet Pg. 97 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.a
Packet Pg. 98 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.a
Packet Pg. 99 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.a
Packet Pg. 100 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.a
Packet Pg. 101 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.a
Packet Pg. 102 Attachment: Case R-21-016 Hunt Application (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
10.A.1.b
Packet Pg. 103 Attachment: Case R-21-016 Hunt Map (2643 : Public Hearing: Case R-21-016 Stella and Joanna Hunt)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-017 Garland and Kathryn Bennett; Rezoning
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District. (Supervisor Farmer)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: July 20, 2021 Item Number: 10.A.2
Attachment(s): Case R-21-017 Bennett Application
Case R-21-017 Bennett Map
Reviewed By:
SUMMARY:
In Case R-21-017, Garland and Kathryn Bennett (“Petitioners”) have petitioned to rezone 28.01
acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow
for Agricultural Uses). The subject property is located on located on State Road 935/Farmers
Mountain Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN #
2521-20-2578. Once the property is rezoned to A-1, all uses listed under Pittsylvania County
Code § 35-178 are permitted. On June 1, 2021, the Planning Commission recommended by an
8-0 vote, 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-21-017 as presented. The subject property is
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-21-017, I make a Motion to approve the rezoning of 28.01 acres from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for Agricultural
Uses. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.2
Packet Pg. 104
10.A.2.a
Packet Pg. 105 Attachment: Case R-21-017 Bennett Application (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
10.A.2.a
Packet Pg. 106 Attachment: Case R-21-017 Bennett Application (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
10.A.2.a
Packet Pg. 107 Attachment: Case R-21-017 Bennett Application (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
10.A.2.a
Packet Pg. 108 Attachment: Case R-21-017 Bennett Application (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
10.A.2.a
Packet Pg. 109 Attachment: Case R-21-017 Bennett Application (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
10.A.2.a
Packet Pg. 110 Attachment: Case R-21-017 Bennett Application (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
10.A.2.a
Packet Pg. 111 Attachment: Case R-21-017 Bennett Application (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
10.A.2.b
Packet Pg. 112 Attachment: Case R-21-017 Bennett Map (2644 : Public Hearing: Case R-21-017 Garland and Kathryn Bennett)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Revision to PCC § 35-82.4 (Parking Space
Requirements); (Staff Contact: Emily S. Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: July 20, 2021 Item Number: 10.B.1
Attachment(s):
07-20-2021 PCC 35-82.4 Parking Space Requirements
Case CA-21-001 Sheldon Application
Case CA-21-001 Proposed Amendment
Reviewed By:
SUMMARY:
Patrick Sheldon (“Petitioner”) has petitioned to amend Pittsylvania County Code (“PCC”),
Chapter 35, Division 2, Parking Space Requirements for All Districts; PCC § 35-82.4;
Businesses; to add parking requirements for warehouse and storage facilities. On June 1, 2021,
the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s
request be granted. The County Staff Summary and a redlined version of the proposed
amendment are attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Following the legally required Public Hearing, County Community Development Staff
recommends the Board approve the revision of PCC § 35-82.4 as presented.
MOTION:
“I make a Motion to approve the revision of PCC § 35-82.4 as presented.”
10.B.1
Packet Pg. 113
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday,
July 20, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive
citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 2,
Parking Space Requirements for All Districts and PCC § 35-82.4, Businesses, related to parking
requirements for warehouse and storage facilities. A complete copy of the proposed revisions is
available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia
24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at
www.pittsylvaniacountyva.gov.
10.B.1.a
Packet Pg. 114 Attachment: 07-20-2021 PCC 35-82.4 Parking Space Requirements (2645 : Public Hearing: Revisions to PCC § 35-82.4 (Parking Space
10.B.1.b
Packet Pg. 115 Attachment: Case CA-21-001 Sheldon Application (2645 : Public Hearing: Revisions to PCC § 35-82.4 (Parking Space Requirements))
SEC. 35-80. OFF-STREET PARKING AND LOADING REQUIREMENTS
Off-street automobile storage or parking space shall be provided on every lot on which any
permitted use or special use permit is established in accordance with this Ordinance.
1. The term "off-street parking space" shall mean a space at least ten (10) feet wide and twenty (20)
feet in length with a minimum net area of two hundred (200) square feet, excluding area for egress
and ingress and maneuvering vehicles.
2. Parking spaces for all dwellings shall be located on the same lot with main buildings to be served.
3. If an off-street parking space cannot be reasonably provided on the same lot on which the main use
is conducted, such space may be provided on other off-street property, provided such space lies
within six hundred (600) feet of the property line of such main use and is so designated on the
zoning permit.
4. The required number of parking spaces for any number of separate uses may be combined in one
lot, but the required space assigned to one (1) use may not be assigned to another use at the same
time.
5. Area reserved for off-street parking in accordance with the requirements of this Ordinance shall not
be reduced in the area, encroached upon, or changed to any other use unless the use which it serves
is discontinued or modified.
6. Off-street parking existing at the effective date of the Ordinance in connection with the operation of
an existing building or use shall not be reduced to an amount less than hereinafter required for a
similar new building or use. Existing off-street parking which is provided in amount less than the
requirement stated hereinafter shall not be further reduced.
SEC. 35-81. SITE REQUIREMENTS FOR OFF-STREET PARKING
All off-street parking shall be laid out, constructed, and maintained in accordance with the following
requirements:
1. All such parking areas, except those serving one (1) and two (2) family dwellings, shall be surface
treated or paved to eliminate dust.
2. Lighting facilities shall be so arranged that light is reflected away from adjacent properties and
streets.
3. The parking lot shall be adequately drained.
4. Access to off-street parking facilities from public streets shall meet requirements of Section 33.1-
198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of Entrances to State
Highways and be approved by the Resident Engineer of the Virginia Department of Transportation.
SEC. 35-82. PARKING SPACE REQUIREMENTS FOR ALL DISTRICTS
10.B.1.c
Packet Pg. 116 Attachment: Case CA-21-001 Proposed Amendment (2645 : Public Hearing: Revisions to PCC § 35-82.4 (Parking Space Requirements))
Use Classification Parking Requirements
1. Dwellings:
a. One (1) and two (2) families See district regulations
b. Multi-family Two spaces per dwelling unit except for
efficiency apartments for which one (1)
space per unit should be provided
c. Hotels, motels One (1) space for each bedroom plus one (1)
space additional for each two (2) employees.
d. Mobile/manufactured home parks Two (2) spaces per mobile home unit.
e. Travel trailer parks One (1) space for each travel trailer to motor
home or camper.
f. Boarding, rooming houses, dormitories One (1) space for each bedroom.
2. Public Assembly:
a. Churches One (1) space for each four (4) seats in the
main auditorium or sanctuary.
b. Clubs, lodges, like uses One (1) space for each five (5) members.
c. Theatres, auditoriums, stadiums, One (1) space for each four (4) seats in the
like places of assembly main assembly area.
d. Libraries, museums One (1) space for each two hundred (200)
square feet of gross floor area.
e. Schools, kindergartens, playschools, One (1) space for each four (4) seats in
Day Care Center assembly hall, or one (1) space for each employee,
including administration, plus five (5) spaces per
classroom for high schools and college.
f. Skating rinks, dance halls, pool rooms, One (1) space for each two hundred (200) feet
And other places of amusements or of floor area.
Assembly without fixed seating
Arrangement
g. Bowling alleys, golf course Four (4) spaces for each alley, golf hole.
3. Health Facilities
10.B.1.c
Packet Pg. 117 Attachment: Case CA-21-001 Proposed Amendment (2645 : Public Hearing: Revisions to PCC § 35-82.4 (Parking Space Requirements))
a. Hospitals, homes for adults, and like One (1) space for each four (4) beds, plus
uses one (1) space for each four (4) staff persons
during maximum shift.
b. Kennels, animal hospitals A net parking area equal to thirty (30) percent
of the total enclosed or covered area.
c. Medical, dental, health offices, clinics One (1) space for each two hundred (200)
square feet of floor area used.
d. Mortuaries, funeral homes Five (5) spaces per parlor or chapel unit, or
one (1) space per four (4) seats, whichever is greater.
4. Businesses:
a. Auto repair business One (1) space for each regular employee plus
One (1) space for each two hundred fifty (250) square
feet of floor area.
b. Food Stores One (1) space for each two hundred (200)
square feet of floor area designated for retail sales
only.
c. Restaurants, cafes, similar dining One (1) space for each four (4) seats provided
facilities for patron use plus one (1) space for each
seventy-five (75) square feet for patron use
but not containing seats.
d. Office buildings, banks, businesses, One (1) space for three hundred (300) square
commercial and professional offices feet of ground floor area, plus one (1) space
and buildings, other similar uses for each five hundred (500) square feet of
upper floor space.
e. General business, commercial or One (1) space for each two hundred (200)
personal service establishments square feet of floor area designated only for
catering to the retail trade, except retail sales.
food stores
f. Governmental offices One (1) space for each three hundred (300)
Square feet of ground floor area plus one space for
each five hundred (500) square feet of upper floor area
and one (1) space for each government vehicle.
g. Shopping centers One (1) space for each two hundred (200) square
feet of floor area designed only for retail sales.
Revision approved 11/20/07
10.B.1.c
Packet Pg. 118 Attachment: Case CA-21-001 Proposed Amendment (2645 : Public Hearing: Revisions to PCC § 35-82.4 (Parking Space Requirements))
h. Public Utilities A parking area equal to twenty-five (25)
percent of the gross floor area.
i. Warehouse and storage facilities Three (3) spaces per 1,000 square feet of floor
area of office space plus one (1) space per employee.
5. Industries:
a. Commercial, manufacturing, and One (1) space for each three (3) employees
Industrial establishments not catering on the maximum working shift, plus one (1)
to retail trade operating from the premise space for each company vehicle.
b. Wholesale establishments One (1) space for every fifty (50) square feet
of customer service area, plus two (2) spaces
for each three (3) employees on the maximum
working shift, plus one (1) space for each
company vehicle operating from the premises.
6. Other uses:
For uses which are not covered above or elsewhere in this Ordinance, minimum parking requirements
shall be determined by the Planning Commission.
SECS. 35-83---35-84. RESERVED
SEC. 35-85. OFF-STREET LOADING AND UNLOADING SPACE
Off-street loading and unloading spaces shall be provided as hereinafter required by this Ordinance.
1. Size of Off-street Loading Spaces. Each off-street loading space shall have minimum dimensions of
fourteen (14) feet in clearance, twelve (12) feet in width, and fifty (50) feet in length. However,
upon sufficient demonstration that a particular loading space will be used exclusively by shorter
tracks, the Zoning Administrator may reduce the minimum length accordingly as little as twenty-
five (25) feet.
2. Connection to Street or Alley. Each required off-street loading space shall have access to a street or
alley or have a driveway which offers satisfactory ingress and egress for tracks and which shall
meet the requirements of Section 33.1-198 of the Code of Virginia, and the Minimum Standards of
Entrances to State Highways and be approved by the Resident Engineer of the Virginia Department
of Transportation.
3. Floor Area Over Ten Thousand (10,000) Square Feet. There shall be provided for each hospital,
hotel, commercial, or industrial building, or similar use requiring the receipt or distribution of
materials or merchandise and having a floor area of more than ten thousand (10,000) square feet, at
least one (1) off-street loading space for each ten thousand (10,000) square feet of floor space or
action thereof. Such space shall be so located as to not hinder the free movement of pedestrians and
vehicles over a sidewalk, street, or alley.
10.B.1.c
Packet Pg. 119 Attachment: Case CA-21-001 Proposed Amendment (2645 : Public Hearing: Revisions to PCC § 35-82.4 (Parking Space Requirements))
4. Floor Area Less Than Ten Thousand (10,000) Square Feet. There shall be provided for each
hospital, hotel, commercial, or industrial building requiring receipt or distribution of materials or
merchandise and having a floor area of less than ten thousand (10,000) square feet sufficient off-
street loading space (not necessarily a full space if shared by an adjacent establishment so located
as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street, or alley.
5. Bus and Truck Terminals. There shall be provided sufficient space to accommodate the
maximum number of buses and trucks to be stored or to be loaded at the terminal at any one time.
6. Location of Off-Street Loading Spaces. All required off-street loading spaces shall be located on
the same lot as the building which they are intended to serve, or on an adjacent lot when shared with
the use occupying an adjacent lot.
7. Permanent Reservation. Area reserved for off-street loading in accordance with the requirements
of this Ordinance shall not be reduced in area or changed to any other use unless the use which is
served is discontinued or modified, except where equivalent loading space is provided and is
approved by the Zoning Administrator.
SEC. 35-86. PARKING AND STORAGE OF CERTAIN VEHICLES
Major recreational equipment as defined for purposes of these regulations includes travel trailers, pickup
campers, motorized dwellings, tent trailers, beats and boat trailers, house boats and the like, and cases or
boxes used for transposing such recreational equipment, whether occupied by such equipment or not.
No major recreational equipment shall be used for living, sleeping or other occupancy when parked or
stored on a residential lot or in any other location not approved for such use.
No buses or renovated buses shall be used for living, sleeping or other occupancy when parked or stored on
a residential lot or in any other location not approved for such use.
SEC. 35-87--35-88. RESERVED
10.B.1.c
Packet Pg. 120 Attachment: Case CA-21-001 Proposed Amendment (2645 : Public Hearing: Revisions to PCC § 35-82.4 (Parking Space Requirements))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: PCC § 6-21 (Potential Meals Tax Increase) Revisions
(Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: July 20, 2021 Item Number: 10.B.2
Attachment(s): Public Hearing-07-20-2021 PCC 6-21 Meals Tax
mealstax Code Revision
Reviewed By:
SUMMARY:
At its June 15, 2001, Business Meeting, the Board voted to authorize County Staff to advertise
for a Public Hearing to consider a revision to Pittsylvania County Code (“PCC”) § 6-21 to
increase the County’s meals tax from four percent (4%) to six percent (6%). Notice of said
Public Hearing appeared in The Chatham Star Tribune on Wednesday, July 7, 2021, and on
Wednesday, July 14, 2021. For the Board’s review and consideration, attached is a copy of the
Public Hearing advertisement along with the proposed PCC revision.
FINANCIAL IMPACT AND FUNDING SOURCE:
This change has a potential to County increase meals tax revenues in the amount of $400,000
annually.
RECOMMENDATION:
After conducting the legally required Public Hearing, County Staff recommends the Board
approve the revision to PCC § 6-21, increasing the County meals tax from four percent (4%) to
six percent (6%).
MOTION:
“I make a Motion to approve the revision to PCC § 6-21, increasing the County meals tax from
four percent (4%) to six percent (6%).”
10.B.2
Packet Pg. 121
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday,
July 20, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive
citizen input on proposed revisions to Pittsylvania County Code § 6-21; Meals Tax; to increase the
County meals tax from four percent (4%) to six percent (6%). A complete copy of the proposed
revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham,
Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website
at www.pittsylvaniacountyva.gov.
10.B.2.a
Packet Pg. 122 Attachment: Public Hearing-07-20-2021 PCC 6-21 Meals Tax (2650 : Public Hearing: PCC § 6-21 (Meals Tax Increase) Revisions (Staff Contact:
PITTSYLVANIA COUNTY CODE
SEC. 6-21. LEVY OF TAX; AMOUNT.
In addition to all other taxes and fees of any kind now or hereafter imposed by law, there is hereby
levied and imposed by the County on each purchaser a tax on the amount paid for food and
beverages purchased from any food establishment, whether prepared in such food establishment
or not, and whether consumed on the premises or not. The rate of this tax shall be sixfour (64)
percent of the amount paid for such food and beverages, which amount paid for such food and
beverages shall not be deemed to include the sales tax paid thereon when computing the tax hereby
imposed. In the computation of this tax, any fraction of one-half cent or more shall be treated as
one cent ($0.01).
10.B.2.b
Packet Pg. 123 Attachment: mealstax Code Revision (2650 : Public Hearing: PCC § 6-21 (Meals Tax Increase) Revisions (Staff Contact: Kimberly G. Van Der
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: PCC Chapter 6 Revision (Transient Occupancy Tax
Creation); (Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: July 20, 2021 Item Number: 10.B.3
Attachment(s): Public Hearing-07-20-2021 Transient Occupancy Tax
TransientOccupancyCode
Reviewed By:
SUMMARY:
At its June 15, 2021, Business Meeting, the Board authorized County Staff to advertise to hold a
Public Hearing to consider revisions to Chapter 6 of the Pittsylvania County Code (“PCC”) to
possibly add Article IV, which would create a Transient Occupancy Tax. This tax, in the amount
of four percent (4%), would be applied to all hotels, motels, boarding houses, and travel
campgrounds, and other facilities offering guest rooms or spots rented out for continuous
occupancy for fewer than thirty (30) consecutive days as outlined in § 6-39. Tonight’s Public
Hearing was duly advertised in The Chatham Star Tribune on Wednesday, July 7, 2021, and on
Wednesday, July 14, 2021. For the Board’s review and consideration, attached are a copy of the
Public Hearing advertisement along with the proposed PCC revisions.
FINANCIAL IMPACT AND FUNDING SOURCE:
The County will retain two percent (2%) of the Transient Occupancy Tax for current operations.
The other two percent (2%) will be used to promote County tourism. As required by Virginia
Code § 58.1-3819, the County will hold a Public Hearing after the implementation of the
Transient Occupancy Tax to determine how the other two percent (2%) tourism revenue will be
spent. It is unknown, at this time, the amount of revenue that will be generated by this new tax.
Therefore, no County Budget amendments will be requested to utilize this revenue until firm
revenue figures can be determined.
RECOMMENDATION:
After conducting the legally required Public Hearing, County Staff recommends the Board
approve the revisions to PCC Chapter 6 as attached and presented, creating a County Transient
Occupancy Tax effective September 1, 2021.
MOTION:
“I make a Motion to approve the revisions to PCC Chapter 6 as attached and presented, creating
a County Transient Occupancy Tax effective September 1, 2021.”
10.B.3
Packet Pg. 124
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday,
July 20, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive
citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 6, Finance and
Taxation, to include the creation of a new Article IV, Transient Occupancy Tax, at a proposed rate
of 4 percent (4 %). A complete copy of the proposed revisions is available at the Pittsylvania
County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through
Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at
www.pittsylvaniacountyva.gov.
10.B.3.a
Packet Pg. 125 Attachment: Public Hearing-07-20-2021 Transient Occupancy Tax (2651 : Public Hearing: PCC Chapter 6 Revision (Transient Occupancy Tax
PITTSYLVANIA COUNTY CODE
CHAPTER 6 (FINANCE AND TAXATION)
ARTICLE IV. TRANSIENT OCCUPANCY TAX
SEC. 6-38. DEFINITIONS.
In addition to the words/terms defined in § 58.1-3818.8, Code of Virginia, 1950, as amended, as
used in this Article, unless the context clearly indicates otherwise, the following words have the
following meaning:
Commissioner of the Revenue means the Commissioner of the Revenue of Pittsylvania County.
Lodging includes, but is not limited to, any space, spot, or room furnished to any transient.
Occupancy means the use or possession, or the right to the use or possession of any space, spot,
room or rooms or portion thereof, in any hotel, motel, boarding house, or travel campground and
other facilities offering guest rooms rented out for continuous occupancy for fewer than thirty (30)
consecutive days for dwelling, lodging, or sleeping purposes.
Person includes, but is not limited to, any individual, firm, partnership, association, corporation,
person acting in a representative capacity, or any group of individuals acting as a unit.
Rent means the consideration charged, whether or not received, for the occupancy of space or spot
in a hotel, motel, boarding house, or travel campground and other facilities offering guest rooms
rented out for continuous occupancy for fewer than thirty (30) consecutive days valued in money,
whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits
and property and service of any kind or nature, without any deduction therefrom whatsoever.
Room rental means the total charge, exclusive of any tax imposed on such charge, made by any
hotel, motel, boarding house, or travel campground and other facilities offering guest rooms rented
out for continuous occupancy for fewer than thirty (30) consecutive days for lodging furnished to
any transient. If the charge made by the hotel, motel, boarding house or travel campground and
other facilities offering guest rooms rented out for continuous occupancy for fewer than thirty (30)
consecutive days to a transient includes charge for services or accommodations in addition to that
of lodging and/or use of space, then such portion of the total charge representing only lodging
and/or space rental shall be distinctly set out and billed to such transient by such hotel, motel,
boarding house or travel campground and other facilities offering guest rooms rented out for
continuous occupancy for fewer than thirty (30) consecutive days as a separate item.
Transient means any person who exercises occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license, or other agreement for a period of less than thirty (30)
consecutive calendar days, counting portions of calendar days as full days. Any such person so
occupying space in a hotel, motel, boarding house, or travel campground, and other facilities
offering guest rooms rented out for continuous occupancy for fewer than thirty (30) consecutive
10.B.3.b
Packet Pg. 126 Attachment: TransientOccupancyCode (2651 : Public Hearing: PCC Chapter 6 Revision (Transient Occupancy Tax Creation); (Staff C)
days shall be deemed to be a transient until the period of twenty-nine (29) days has expired, unless
there is an agreement in writing between the operator and the occupant providing for a longer
period of occupancy, or the occupant has paid in advance for over twenty-nine (29) days
occupancy. In determining whether a person is a transient, uninterrupted periods of time extending
both prior and after the effective date of this Article may be considered.
Travel campground means any area, site, spot, lot, field, or tract of land offering spaces for
recreational vehicles or campsites for transient dwelling purposes, or temporary dwelling during
travel, or recreational or vacation uses.
Treasurer means the Treasurer of Pittsylvania County.
SEC. 6-39. IMPOSED; AMOUNT.
Pursuant to the provisions of Code of Virginia, Title 58.1 (Taxation), Chapter 38 (Miscellaneous
Taxes), 1950, as amended, there is hereby imposed and levied by the County on each transient an
occupancy tax in the amount of four percent (4%) of the charge made for each room or space
rented to such transient. Such tax shall be collected from such transient at the time rooms or spaces
are rented in accordance with this Article. The tax imposed hereby shall apply to all hotels, motels,
boarding houses, and travel campgrounds and other facilities offering guest rooms or spots rented
out for continuous occupancy for fewer than thirty (30) consecutive days, except that the tax
imposed hereunder shall not apply to rooms or spaces rented for continuous occupancy by the
same individual or group for thirty (30) or more days in hotels, motels, boarding houses, or travel
campgrounds, and other facilities offering guest rooms or spots rented out for continuous
occupancy for fewer than thirty (30) consecutive days.
SEC. 6-40. COLLECTION.
Every person, firm, or corporation receiving any payment for occupancy with respect to which a
tax is levied under this Article shall collect the amount of such tax so imposed from the transient
on whom such tax is levied or from the person paying for such occupancy at the time payment for
such occupancy is made. The tax required to be collected under this Section shall be deemed to
be held in trust by the person, firm, or corporation required to collect such taxes as provided in this
Article.
SEC. 6-41. REPORTING; PAYMENT.
The person, firm, or corporation collecting any tax as provided in this Article shall make out a
report thereof on such forms and setting forth such information as the Commissioner of the
Revenue may prescribe and require, showing the amount of occupancy charges collected, and the
taxes required to be collected; and shall sign and deliver such report to the Commissioner of the
Revenue with remittance of the taxes collected on or before the twentieth (20th) day of the month
following the month in which the taxes are collected.
SEC. 6-42. PENALTIES FOR LATE PAYMENT.
10.B.3.b
Packet Pg. 127 Attachment: TransientOccupancyCode (2651 : Public Hearing: PCC Chapter 6 Revision (Transient Occupancy Tax Creation); (Staff C)
If any person shall fail or refuse to remit to the Commissioner of the Revenue the tax required to
be collected and paid under this Article within the time and in the amount specified there shall be
added to such tax by the County Treasurer a penalty in the amount of ten percent (10%) thereof
and interest on the principal amount thereon at the rate of ten percent (10%) per annum which shall
be computed upon the taxes and penalty from the first day of the month next following the month
in which such taxes are due and payable.
SEC. 6-43. FAILURE TO COLLECT TAXES OR MAKE REPORTS.
It shall be unlawful for any person, firm, or corporation to fail, or refuse, to collect the taxes
imposed under this Article and to make reports and remittance as required. The Commissioner of
the Revenue shall have the power to examine pertinent records for the purpose of administering or
enforcing the provisions of this Article.
SEC. 6-44. RECORDS REQUIRED.
It shall be the duty of every person, firm, or corporation liable for the collection and payment to
the County of any tax imposed by this Article to keep and preserve for a period of four (4) years
such suitable records as may be necessary to determine the amount of tax due to have been
collected and paid to the County. The Commissioner of the Revenue may inspect such records at
all reasonable times.
SEC. 6-45. PENALTY FOR VIOLATIONS OF ARTICLE.
Any person, firm, or corporation convicted of violating the provisions of this Article shall be
subject to a fine of not more than one hundred dollars ($100.00); and each failure, refusal, neglect,
or violation and each day's continuance thereof, shall constitute a separate offense. This penalty
shall be deemed to be in addition to and not in lieu of the penalties set forth in Section 6-42 of this
Article.
SEC. 6-46. EFFECTIVE DATE OF ARTICLE.
The effective date of this Article shall be September 1, 2021.
10.B.3.b
Packet Pg. 128 Attachment: TransientOccupancyCode (2651 : Public Hearing: PCC Chapter 6 Revision (Transient Occupancy Tax Creation); (Staff C)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff
Contact: Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: July 20, 2021 Item Number: 10.B.4
Attachment(s): 07-20-2021 Chapter 21 - Removal of PCSA
Chapter 21 - Water Sewer
Reviewed By:
SUMMARY:
With the recent abolishment of the Pittsylvania County Service Authority (“PCSA”), Chapter 21
of the Pittsylvania County Code (“PCC”), Water and Sewer, requires revision to remove
references to PCSA, its creation, and purposes. As evinced by the attached, this Public Hearing
has been duly advertised as legally required in The Chatham Star Tribune. For the Board’s
review and consideration, the proposed revisions to PCC Chapter 21 are also attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
Following conducting the legally required Public Hearing, County Staff recommends the Board
approve the revisions to PCC Chapter 21 as attached and presented.
MOTION:
“I make a Motion to approve the PCC Chapter 21 revisions as attached presented.”
10.B.4
Packet Pg. 129
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday,
July 20, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive
citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 21; Water and
Sewer; concerning removal of references to the Pittsylvania County Service Authority and related
items/issues. A complete copy of the proposed revisions is available at the Pittsylvania County
Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00
a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov.
10.B.4.a
Packet Pg. 130 Attachment: 07-20-2021 Chapter 21 - Removal of PCSA (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact:
PITTSYLVANIA COUNTY CODE
CHAPTER 21
WATER AND SEWER
Article I.
County Water and Sewer Systems Generally Water and Sewer Authority
§ 21-1. Operation of Public Water and Sewer Utilities Creation
§ 21-2. Connection to Public Water System Authority; Address
§ 21-3. Connection To Public Sewer System Appointment of Members; Terms of Office
§ 21-4. Purposes (Reserved)
§ 21-5. Projects (Reserved)
§ 21-6. Description of Jurisdictional Areas (Reserved)
§ 21-7. Rates, Charges, Assessments, and Fees; Billing; Publication (Reserved)
§ 21-8. Enforcement of Rates, Charges, and Fees (Reserved)
§ 21-9. Offenses Relating to County Water and Sewer Utilities Unlawful and Illegal Use of Fire
Hydrants and Penalty Fees
§ 21-10. Exclusive Authority
§ 21-11. – 21-14. Reserved
Article II.
Sewers and Privies
§ 21-15. Requirements
§ 21-16. Definition
§ 21-17. Permit
§ 21-18. Health Department
§ 21-19. Violation
§ 21-20. Fine
§ 21-21. Smith Mountain and Leesville Dam Reservoirs Septic Tank Ordinance
10.B.4.b
Packet Pg. 131 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
Article III.
Drought Ordinance
§ 21-22. Authority to Declare Water Emergencies
§ 21-23. Publication of Declaration
§ 21-24. Water Use Considerations
§ 21-25. Limitation of Restrictions
§ 21-26. Water Conservation Measures
§ 21-27. Penalty and Enforcement
§ 21-28. Notification of End of Water Emergency
10.B.4.b
Packet Pg. 132 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
CHAPTER 21
Article I.
County Water and Sewer
Systems Generally Water
and Sewer Authority
SEC. 21-1. OPERATION OF PUBLIC WATER AND SEWER UTILITIES CREATION.
A. The County Administrator shall be responsible generally for the management, operation, and
maintenance of all aspects of the County water and sewer or wastewater utilities. For this
purpose, he/she may delegate authority to the Director of Public Works or personnel within
that Department.
B. The County Administrator is hereby authorized to promulgate, after consultation with the
Director of Public Works, the following:
1. Rules and regulations for operation and use of the County water and sewer or
wastewater utilities.
2. A Design and Construction Standards Manual, which sets forth the guidelines that
govern the design and construction of all water and wastewater facilities, which will
become part of the County's public water and sewer system. Such guidelines shall
be consistent with this chapter and with the laws of the United States and the
Commonwealth of Virginia and shall have the force and effect of law.
C. The rules, regulations, and standards which may be promulgated in accordance with
subsection B above shall be in effect from the date upon which they are promulgated and
may be amended, altered, or repealed by the County Administrator as he/she shall deem
appropriate after consultation with the Director of Public Works.
In compliance with the Virginia Water and Sewer Authorities Act (Sections 15.2-5100 to 15-2-
5158, Code of Virginia, 1950, as amended) (the "Act"), the Board of Supervisors of Pittsylvania
County, Virginia (the "Board of Supervisors"), pursuant to a resolution signifying its intention to
create a Water and Sewer Authority, which shall be a separate public political body and corporation,
hereby certifies:
SEC. 21-2. CONNECTION TO PUBLIC WATER SYSTEM AUTHORITY; ADDRESS.
This Authority is formed under the Act, its name shall be the PITTSYLVANIA COUNTY
SERVICE AUTHORITY ("Authority" and/or "PCSA"), and the address of its principal office is
405 R & L Smith Drive, Danville, Virginia, 24540.
A. Service Connection Required. The owner, tenant, or occupant of all commercial buildings,
industrial plants, institutional establishments, structures, and properties used for human
occupancy, business, employment, recreation, and industrial, or other purposes, and which
abut upon any street, alley, public right-of-way, or public easement containing a public water
line hereafter made available by the County, and such building or dwelling is not greater than
two-hundred (200) feet from a public water line, shall connect such building or dwelling with
10.B.4.b
Packet Pg. 133 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
such water line within one-hundred and eighty (180) days after such line becomes available,
and shall cease to use any other source of water supply for domestic use except for
hereafter provided.
B. Fees and Deposits. Service applicants shall pay such fees and security deposits as set by
the County to connect to the County water system.
C. Exceptions to Required Connection. The County Administrator shall be allowed to grant
exceptions to this requirement where it is not physically feasible to make the connection.
D. Domestic Supply. Notwithstanding any other provision of this Section, those persons
having a domestic supply or source of potable water shall not be required to discontinue the
use of same. However, persons not served by a water supply system as defined in § 15.1-
341, Code of Virginia, 1950, as amended, producing potable water meeting the standards
established by the Virginia Department of Health, may be required to pay a monthly
service availability charge, which charge shall not be more than that proportion of the
minimum monthly user charge, imposed by the County, as debt service bears to the total
operating and debt service costs.
SEC. 21-3, CONNECTION TO PUBLIC SEWER SYSTEM APPOINTMENT OF
MEMBERS; TERMS OF OFFICE.
The PCSA is a legal Authority established by the incorporated political subdivision of Pittsylvania
County, Virginia (the "County"), wherein the Board of Supervisors shall appoint a Board of
Commissioners for the PCSA. The Board of Commissioners shall consist of seven (7) members,
one (1) from each Election District, each of whom shall be a resident of the County at time of
appointment and shall maintain said residence for the duration of his/her term on the PCSA. The
PCSA Commissioners shall serve at the pleasure of the Board of Supervisors for a term of four (4)
years on staggered terms.
The successor of each PCSA Commissioner shall be appointed by the Board of Supervisors for a
term of four (4) years and serve until his/her successor shall be duly appointed and qualify except
that persons appointed to fill a vacancy shall serve only for the unexpired term. Any member of the
Authority shall be eligible for reappointment.
A. Service Connection Required. The owner, tenant, or occupant of all commercial buildings,
industrial plants, institutional establishments, structures, and properties used for human
occupancy, business, employment, recreation, and industrial or other purposes, and which
abut upon any street, alley, public right-of-way, or public easement containing a public sewer
line hereafter made available by the County, and such building or dwelling is not greater than
two-hundred (200) feet from a public sewer line, shall connect such building or dwelling
with such sewer line within one-hundred and eighty (180) days after such line becomes
available, and shall cease to use any other method for the disposal of sewage, sewage waste ,
or other polluting matter except as hereinafter provided.
B. Fees and Deposits. Service applicants shall pay such fees and security deposits as set by the
County to connect to the sewer system.
C. Exceptions to Required Connection. The County Administrator shall be allowed to grant
exceptions to this requirement where it is not physically feasible to make the connection.
10.B.4.b
Packet Pg. 134 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
D. Private Systems. Notwithstanding any other provision of this Section, those persons having a
private septic system or domestic sewage system meeting applicable standards established
by the VDH or other regulating body, shall not be required under this Section to
discontinue the use of the same. However, such persons may be required to pay a
monthly service availability charge, which charge shall not be more than that proportion of
the minimum monthly user charge, imposed by the County, as debt service bears to
the total operating and debt service costs.
SEC. 21-4. PURPOSES.
The purposes for which the Authority is to be created are for such projects and powers as are
specified and authorized by the Act, to-wit; Section 15.2-5100, Code of Virginia, 1950, as amended,
reserving however, the right of the Board of Supervisors to designate areas within the County to be
served pursuant to any of the powers of the Authority. Further, the Authority will become the
Assignee of the County, and take the place of the said County to and under an Agreement dated
October 11, 1972, between the City of Danville, a Municipal Corporation of the State of Virginia,
and the County; said Authority assuming all the terms and conditions of the Agreement.
SEC. 21-5. PROJECTS.
To acquire, finance, construct, operate, and maintain one (1) or more water systems and one (1) or
more sewer systems, or any combination thereof.
SEC. 21-6. DESCRIPTION OF JURISDICTIONAL AREA.
The PCSA’s jurisdiction area shall be determined by the Board of Supervisors. A map and
description of the jurisdictional area shall be maintained at the PCSA’s principal office, and
available for public inspection during normal business days and hours. Said jurisdictional area may
be altered by written mutual agreement between the Board of Supervisors and PCSA. Authority
work or projects done or contained in areas not listed on, or found in, the PCSA’s jurisdictional
area shall not render said work or projects unauthorized, void, or unenforceable by the Authority
and/or the Board of Supervisors. Any requests for water or sewer services outside the then-existing
jurisdictional area should be submitted to the Board of Supervisors and the PCSA.
SEC. 21-7. RATES, CHARGES, ASSESSMENTS, AND FEES BILLING; PUBLICATION.
A. Rates, Charges, Assessments, and Fees: Pursuant to authority contained in Sections 15.2-
5114(10) and 15.2-5136 of Virginia Code, 1950, as amended, the PCSA shall fix, assess, charge,
and collect just and equitable rates, charges, assessments, and other fees, including, but not
limited to: water service connection charges, sewer service connection charges, water service
charges, sewer service charges, account charges, delinquent account charges, and
inspection/reinspection charges.
The above-stated rates, charges, assessments, and other fees shall be subject to periodic increase
or other change, adjustment, or revision from time-to-time as determined by the PCSA, at any
regularly scheduled PCSA meeting. Such rates, charges, assessments, and other fees shall be
reviewed by the Authority periodically and shall be adjusted, if necessary, to assure that they
continue to be fair and reasonable.
B. Billing: Bills for the aforementioned rates, fees, and charges shall be rendered as determined by
the PCSA.
10.B.4.b
Packet Pg. 135 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
C. Publication: Any proposed change in the schedule of the aforementioned rates, fees, and charges
by the PCSA shall be published in a newspaper having general circulation in the County in
accordance with the requirements set forth in the Code of Virginia, 1950, as amended.
(B.S.M. 05/19/20)
SEC. 21-8. ENFORCEMENT OF RATES, CHARGES, AND FEES.
The owners of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, presently existing or constructed subsequent to the installation of
the heretofore described water and sewerage systems and situated within the project areas of the
Authority and a butting on any street, alley, right-of-way, public right-of-way, or easement in which
there is located a public sanitary sewer and/or water main at a distance not greater than two hundred
(200) feet from such houses, buildings, or properties, shall be required to install suitable toilet and
other disposable liquid waste facilities therein and to connect such facilities directly with the public
sewer and water main. All such connections shall be made in accordance with rules and regulations
adopted by the Authority, which may provide for a reasonable charge for making such connections.
No public water main or sanitary sewer line or systems shall be constructed along any street in the
Service Area until at least fifty-one (51) percent of the property owners fronting the street, road, or
highway shall have agreed to or petitioned the PCSA for such water or sewer service. Where such
construction is agreed to or petitioned for by the property owners, the feasibility and advisability to
construct such water or sewer lines or systems shall be determined by the PCSA. If connection is
not made to the systems upon the completion of the particular system, the owner, occupant, or
tenant shall have thirty (30) days to connect to the system. In the event the connection is not made
at the expiration of such thirty (30) day period, the connection fee is then due and payable to the
Authority the same as if the connection had been made. A service charge applicable to the property,
as if the connection had been made, shall begin to accrue as of the expiration of such thirty (30) day
period and shall be payable to the same as if such connection had been made as of that date.
Notwithstanding any other provision of this chapter, those persons having a domestic supply or
source of potable water shall not be required to discontinue the use of such water. However, persons
not served by a water supply system, as defined by § 15.2-2149 of the Virginia Code, 1950, as
amended, producing potable water meeting the standards established by the Virginia Department
of Health may be required to pay a connection fee, a front footage fee, and a monthly nonuser
service charge, which charge shall not be more than that proportion of the minimum monthly user
charge, imposed by the Authority, as debt service bears to the total operating and debt service costs,
or any combination of such fees and charges.
Notwithstanding any other provision of this chapter, those persons having a private septic system
or domestic sewage system meeting applicable standards established by the Virginia Department
of Health shall not be required under this chapter to discontinue the use of such system. However,
such persons may be required to pay a connection fee, a front footage fee, and a monthly nonuser
service charge, which charge shall not be more than that proportion of the minimum monthly user
charge, imposed by the Authority, as debt service bears to the total operating and debt service costs,
or any combination of such fees and charges.
Persons who have obtained exemption from or deferral of taxation pursuant to an ordinance
authorized by § 58.1-3210 of Virginia Code, 1950, as amended, may be exempted or deferred by
the authority from paying any charges and fees authorized herein, to the same extent as the
exemption from or deferral of taxation pursuant to such ordinance.
10.B.4.b
Packet Pg. 136 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
SEC. 21-9. UNLAWFUL AND ILLEGAL USE OF FIRE HYDRANTS AND PENALTY
FEES. OFFENSES RELATING TO COUNTY WATER AND SEWER UTILITIES
A. Any person who (i) tampers with any metering device to the facilities owned by the County
PCSA or as set forth in Section 18.2-162, of the Code of Virginia, 1950, as amended, or
otherwise intentionally prevents such a metering device from properly registering the degree,
amount, or quantity of service supplied, or (ii) diverts such service, not owned or controlled by
any such company, shall be guilt of a Class 1 misdemeanor.
B. Any person who willfully and maliciously (i) diverts any public wastewater or sewer line, or
(ii) diverts or wastes any public water supply by tampering with any fire hydrant shall be
guilty of a Class 2 misdemeanor.
C. The court may order restitution for the value of the services unlawfully used and for all costs.
Such costs shall be limited to actual expenses, including the base wages of employees acting as
witnesses for the County, and suit cost, and the amount shall not exceed $250.00, excluding the
value of the service.
D. Any person who shall intentionally destroy or damage any facility of the County PCSA or as
identified in Section 18.2-162 of the Code of Virginia, 1950, as amended, which is used to
furnish water service to the public, shall be guilty of a Class 4 felony, provided that in the event
the destruction or damage may be remedied or repaired for $200.00 or less, such act shall
constitute a Class 3 misdemeanor. (B.S.M. 8-17-10)
E. It shall be unlawful for any unauthorized person to open, disconnect, disturb, or otherwise
tamper with any part of or appendage to any public water County supply system or sewage
system or to use water for a purpose for which he has neither paid nor obtained a license to use
it.
SEC. 21-10. EXCLUSIVE AUTHORITY.
No other Authority has been created under the provisions of the Act serving the whole or part of
the same area for the same purposes, and none of the powers granted by said Act shall be exercised
by the Authority in construction, improvement, maintenance, extension of operation of any project
or projects, which in whole or in part, shall duplicate or compete with existing utilities, public or
private, serving substantially the same purposes. (B.S.M. 2-5-73, amended 9- 4-73, 2-4-74)
SECS. 21-11. – 21-14. RESERVED
Amended by the Board of Supervisors 6-6-11.
Article II.
Sewer and Privies
SEC. 21-15. REQUIREMENT.
It shall be unlawful for the owner of any house used as a human habitation, any warehouse, any
public building, or other place where human beings congregate or any employed in the County the
10.B.4.b
Packet Pg. 137 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
County of Pittsylvania to occupy or to rent or lease the same for occupancy by any person, or firm
or corporation, or to permit the same to be occupied by any person, firm, or corporation, or any
person, firm, or corporation to occupy the same unless and until the said house or buildings shall
have been supplied or equipped with a sanitary closet or privy of such construction as will comply
with the requirements hereinafter set forth.
SEC. 21-16. DEFINITION.
That for the purposes of this ordinance "a sanitary closet or privy" shall be deemed to be either:
a) A properly installed flush toilet connected to an approved public or private sewer.
b) A properly installed pit privy or concrete or double wood slab construction.
c) A properly installed flush toilet connected to a properly installed septic tank of
adequate capacity with adequate subsurface drainage system for the disposal of
effluent.
The terms “properly constructed and approved” as used in this ordinance shall be construed to mean
“in accordance with the specifications of the State Department of Health providing arrangements
for the disposal of wastes or excrements.
SEC. 21-17. PERMIT.
It shall be unlawful for anyone to install a septic tank in Pittsylvania County without first obtaining
permit from the County Health Officer, or his representative. No such permit shall be issued unless
an inexpensive, detailed sketch, in duplicate, on a 5 by 4 inch card, showing the exact location of
such tank and its relation issued relation to wells and lot boundaries and existing or projecting the
Health Officer or buildings, is submitted to and approved by Officer, or his authorized
representative. The Health Officer of his representative shall decide the capacity of septic tank and
number of feet of sub-soil to be used. The minimum capacities shall be as follows:
Table No. 1 Gallons Capacity
Number of persons
1-5 Inclusive 450
5-9 Inclusive 720
10-14 Inclusive 1000
15-20 Inclusive 1480
The amount of subsurface drainage to be used shall be determined by the Health Officer or his
representative at the time the permit is granted. In no case shall a fewer number of feet of
10.B.4.b
Packet Pg. 138 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
drainage tile be used then that specified by the Health Officer or his representative. The kind and
amount of absorption material shall conform with the regulations of the Health Department and in
each instance shall be determined by the Health Officer or his representative.
SEC. 21-18. HEALTH DEPARTMENT.
Septic tanks shall be installed under the supervision of the Health Department. They shall be
inspected by a representative, of Heath Department, and approved before they are permitted to be
the covered.
SEC. 21-19. VIOLATION.
It shall be unlawful for any person, firm or corporation to neglect, fail or refuse to comply with
the provisions of this ordinance.
SEC. 21-20. FINE.
Any person, firm or corporation who violates any of the provisions or the regulations, issued under
it by the County Health Department shall be fined the sum of not exceeding twenty-five ($25.00)
dollars and each week of failure or refusal to comply with the provisions shall be deemed a separate
offense and he shall be fined an additional sum of five dollars ($5.00) for each week of failure or
refusal to comply with the provisions of this ordinance, or the regulations issued under it by the
County Health Department. (B.S.M. 8-3-36)
SEC. 21-21. SMITH MOUNTAIN AND LEESVILLE DAM RESERVOIRS SEPTIC TANK
ORDINANCE.
That all septic tank systems be placed at a minimum distance of fifty (50) feet from the high water
level of the Smith Mountain and Leesville Dam Reservoirs to the nearest point in the septic tank
system. This ordinance to be titled Smith Mountain and Leesville Dam Reservoirs Septic Tank
Ordinance. (B.S.M. 6-3-64)
Article III.
Drought Ordinance
SEC. 21-22. AUTHORITY TO DECLARE WATER EMERGENCIES.
During the continued existence of climatic, hydrological and other extraordinary conditions, the
protection of the health, safety, and welfare of the residents of Pittsylvania County, Virginia (the
“County”) may require that certain uses of water, not essential to public health, safety, and welfare,
be reduced, restricted, or curtailed. As the shortage of raw or potable water becomes increasingly
more critical, conservation measures to reduce consumption, or curtail nonessential
10.B.4.b
Packet Pg. 139 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
water use, may be necessary. The definitions, water emergency criteria, and water use restrictions
referenced in this Ordinance are presented in greater detail in the County’s Drought Response and
Contingency Plan, which is incorporated herein by reference.
Pursuant to authority granted in §§ 15.2-923 and 15.2-924 of the Code of Virginia, 1950, as
amended, the County Administrator of Pittsylvania County, Virginia (the “County Administrator”),
is authorized to declare a water emergency in the County restricting the use of water in any area of
the County. The County Administrator will work closely with the Pittsylvania County Service
Authority (the “Authority”) to designate the appropriate stage of water emergency. All water stages
are built upon and require compliance with previous water stages. For example, when a Drought
Emergency – Stage 1 is declared, all provisions of a Drought Warning are in effect. Also, the County
Administrator may declare any of the four (4) stages; they do not have to be declared sequentially.
SEC. 21-23. PUBLICATION OF DECLARATION.
Upon the declaration of a water emergency, the County Administrator shall immediately post a
written notice of the emergency at the front door of the County Administration Building and shall
place a notice in a newspaper of general circulation in the area in which such emergency has been
declared.
SEC. 21-24. WATER USE CONSIDERATIONS.
Upon the declaration of a water shortage or emergency, the County Administrator is authorized and
directed to implement conservation measures by ordering the restricted use, or absolute curtailment,
of the use of water for certain nonessential purposes for the duration of the water shortage or
emergency in the manner hereinafter set forth. In exercising this discretionary authority, and making
the determinations set forth herein, the County Administrator shall give due consideration to
streamflow conditions, water levels, available/usable storage on hand, draw down rates, and the
projected supply capability in the County; system purification and pumping capacity; daily water
consumption and consumption projections of the system's customers; prevailing and forecast
weather conditions; fire service requirements; pipeline conditions, including breakages, stoppages,
and leaks; supplementary source data; estimates of minimum essential supplies to preserve public
health and safety, and such other data pertinent to the past, current, and projected water demands.
SEC. 21-25. LIMITATION OF RESTRICTIONS.
The provisions of this Article shall not apply to any governmental activity, institution, business, or
industry which shall be declared by the County Administrator, upon a proper showing, to be
necessary for the public health, safety, and welfare, or the prevention of severe economic hardship
or the substantial loss of employment. Any activity, institution, business, or industry aggrieved by
the finding of the County Administrator may appeal that decision to the Board of Supervisors of
Pittsylvania County, Virginia (the “Board of Supervisors”).
SEC. 21-26. WATER CONSERVATION MEASURES.
10.B.4.b
Packet Pg. 140 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
Upon a determination by the County Administrator of the existence of the following conditions, the
County Administrator shall take the following actions that shall apply to all water users in the
County:
A. Drought Watch: When moderate but limited supplies of water are available and a Drought
Watch is declared in accordance with the Drought Response and Contingency Plan, the
County Administrator shall, through appropriate means, call upon the general population to
employ prudent restraint in water usage. Public outreach activities shall be identified to
inform the general population of the potential for drought conditions to intensify and
potential water conservation activities that may be utilized.
B. Drought Warning: The Drought Warning stage includes voluntary water conservation
actions due to imminent onset of a significant drought event. When a drought warning
exists, the following voluntary water restrictions are requested:
Voluntary, commercial, manufacturing, institutional and residential conservation
measures will be strongly encouraged and recommended including the following:
o Inspect and repair all faulty and defective parts of faucets and toilets.
o Use shower for bathing, rather than bathtub, and limit shower to no more than five
(5) minutes.
o Do not leave faucets running while shaving, rinsing dishes, or brushing teeth.
o Limit use of clothes washers and dishwashers, and, when used, operate fully
loaded.
o Limit lawn watering to that necessary for plant survival.
o Water shrubbery the minimum required, reusing household water when possible.
o Limit vehicle washing.
o Do not wash down outside areas such as sidewalks, patios, driveways, etc.
o Install water flow restrictions in showerheads and other water saving devices.
o Use disposable and biodegradable dishes where possible.
o Install water saving devices in toilets, such as early closing flapper valves.
o Do not fill swimming pools.
An extensive publicity campaign will be initiated using public media
and specialized methods to inform the public of an impending water shortage.
Water supply line pressure should be reduced where feasible to reduce water
consumption, if it will not affect operation of fixtures, equipment, or public safety
devices.
Conservation in public buildings, institutions, dormitories, and similar facilities is
encouraged by reducing pressure at plumbing fixtures and by installation of restricting
devices.
All residents, business, and institutions are requested to delay new landscape work, until
the water shortage has ended.
Water conservation should be followed during all phases of construction related
activities. Where appropriate, water needed should be obtained from supplemental
10.B.4.b
Packet Pg. 141 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
sources and construction related activities, which require water, should be delayed,
until such time as the water emergency has ended.
All industrial, manufacturing, and commercial enterprises shall reduce consumption to any degree
feasible with a goal of a reduction of ten percent (10%).
C. Drought Emergency – Stage 1: As drought conditions continue to worsen, a Drought
Emergency – Stage 1 may be declared by the County Administrator, or his/her designee, in
accordance with the Drought Response and Contingency Plan. When a Drought Emergency
– Stage 1 exists, the following will be prohibited:
Watering lawns, grass, shrubbery, trees, flower, and vegetable gardens, except by hand
held hose, container, or drip irrigation system, except persons regularly engaged in the
sale of plants will be permitted to use water for irrigation of their commercial stock and
golf courses may water greens;
Filling of newly constructed swimming pools and/or wading pools or refilling
swimming and/or wading pools, which have been drained;
Operating water-cooled air conditioners or other equipment that does not recycle
cooling water, except when health and safety are adversely affected;
Washing automobiles, trucks, trailers, boats, airplanes, or any other type of mobile
equipment, except persons regularly engaged in the business of washing motor vehicles,
and any commercial car wash facility will be permitted to use water for such purposes;
Washing down outside areas such as streets, driveways, service station aprons, parking
lots, office buildings, exteriors, or existing or newly constructed homes or apartments,
sidewalks, or patios, or to use water for similar purposes;
Operation of ornamental fountain, pool, or pond or other structure making similar use
of water;
Serving drinking water in restaurants, cafeterias, or other food establishments, except as
requested by the customer;
Using public or private fire hydrants for any purpose other than fire suppression or other
public emergency or Utility Department need;
Using water for dust control or compaction; and
Using water for any unnecessary purpose or intentionally waste water.
All industrial, manufacturing, and commercial enterprises shall reduce consumption to any degree
feasible with a goal of a reduction of at least ten to fifteen percent (10-15%).
D. Drought Emergency – Stage 2: As drought conditions continue to worsen, a Drought
Emergency – Stage 2 may be declared by the County Administrator, or his/her designee, in
accordance with the Drought Response and Contingency Plan. When a Drought Emergency
– stage 2 exists, in addition to the restrictions imposed under the Drought Emergency –
Stage 1, the following will be prohibited:
10.B.4.b
Packet Pg. 142 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
Watering lawns, grass, shrubbery, trees, or flowers, except persons regularly engaged in
the sale of plants shall be permitted to use water for irrigation of their commercial stock
and golf courses may water greens;
Watering any vegetable garden, except by hand held hose, container, or drip irrigation
system;
All nonessential use of water for commercial or public use;
Using water outside a structure for any use other than an emergency use involving fire
or as needed by the water utility to maintain the water system;
Operating an evaporative air conditioning unit which recycles water, except as may be
required for health and safety; and
Other restrictions as may be deemed appropriate and adopted by the Board of
Supervisors.
All industrial, manufacturing, and commercial enterprises shall reduce consumption to any degree
feasible with a goal of a reduction of at least fifteen to twenty-five percent (15-25%).
SEC. 21-27. PENALTY AND ENFORCEMENT.
A. Any person who violates any provision of this article shall be subject to the following civil
penalties:
1. For the first offense, violators shall receive a written warning delivered in person or
posted by a representative of the County.
2. For the second offense, violators shall be fined fifty dollars ($50.00), the fine to be
imposed on the violator’s next water bill, or in the case of violators not on the public
water system, in a written notice.
3. For the third and each subsequent offense, violators shall be fined one hundred dollars
($100.00) for each offense, the fine to be imposed on the violator’s next water bill, or in
the case of violators not on the public water system, in a written notice.
4. Each violation by a person shall be counted as a separate violation by that person,
irrespective of the location at which the violation occurs.
B. Persons who have been assessed a penalty shall have the right to challenge the assessment
by providing a written notice to the County Administrator within ten (10) days of the date
of the assessment of the penalty. The County Administrator, or his/her designee, shall
determine that the penalty was properly assessed and notify the complaining person in
writing of his determination.
C. The County Administrator, or his/her designee, may waive the penalty, if he/she determines
that the violation occurred due to no fault of the person.
SEC. 21-28. NOTIFICATION OF END OF WATER EMERGENCY.
10.B.4.b
Packet Pg. 143 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
The County Administrator, following discussions with the Authority, shall notify the Board of
Supervisors when, in his/her opinion, the water emergency situation no longer exists. Upon
concurrence of the Board of Supervisors, the water emergency shall be declared to have ended.
When this declaration is made, the information shall be conveyed to the general public through the
news media.
Adopted by the Board of Supervisors, October 3, 2011.
10.B.4.b
Packet Pg. 144 Attachment: Chapter 21 - Water Sewer (2649 : Public Hearing: PCC Chapter 21 Revisions (Removal of PCSA); (Staff Contact: Chris Adcock))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2021-07-02 (Revised Solid Waste Management Plan)
Adoption (Staff Contact: Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: July 20, 2021 Item Number: 12.a
Attachment(s): 2021-07-02 Revised Solid Waste Management Plan
Reviewed By:
SUMMARY:
In 1991, the County and the Towns of Chatham, Hurt and Gretna were designated a Solid Waste
Planning Region by the Virginia Department of Waste Management. In accordance with the
Virginia Waste Management Act (Virginia Code § 10.1-1411), the Virginia Waste Management
Board has mandated that all Solid Waste Planning Regions in the Commonwealth develop and
adopt a Solid Waste Management Plan (“SWMP”). To facilitate regional coordination of solid
waste services, the Virginia Code allows local governments within a designated region to
develop a single plan for the region, rather than develop individual plans for each locality in the
region. Virginia Code further mandates that the SWMP be updated every five (5) years. For the
Board’s review and consideration, attached is Resolution # 2021-07-02, updating the SWMP.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2021-07-02 as presented.
MOTION:
“I make a Motion to adopt Resolution # 2021-07-02 as presented.”
12.a
Packet Pg. 145
RESOLUTION # 2021-07-02
__________________________________________________________________________________________
SOLID WASTE MANAGEMENT PLAN ADOPTION
__________________________________________________________________________________________
The following Resolution was presented and adopted by Pittsylvania County Board of Supervisors
(“Board”) at its Business Meeting on Tuesday, July 20, 2021:
WHEREAS, in 1991, to facilitate regional coordination of solid waste services, Pittsylvania County,
Virginia (“County”), and the Towns of Chatham, Hurt, and Gretna were designated a Solid Waste Management
Region by the Commonwealth of Virginia, Department of Waste Management; and
WHEREAS, in accordance with the Virginia Waste Management Act, Virginia Code, § 10.1-1411, the
Virginia Waste Management Board has mandated that all solid waste planning units in the Commonwealth
develop and adopt a Solid Waste Management Plan (“SWMP”); and
WHEREAS, the County, in accordance with 9VAC20-130-173, has revised the June 2015 SWMP. This
revision, dated July 2021, attached hereto as Exhibit “A” and made a part officially hereof, outlines the following
goals:
1. Provide a cost-efficient service to the citizens of the County, regardless of area or
population;
2. Reduce unlawful solid waste disposal;
3. Protect groundwater and air quality; and
4. Establish a policy that promotes and supports the education of County leadership,
administration, businesses leaders, County Offices and Departments, and the public at large on the
benefits of diverting waste through recycling, recovery, and reuse.
NOW, THEREFORE BE IT RESOLVED that the Board hereby approves and adopts the SWMP as
revised.
Given under my hand the 20th day of July, 2021.
_____________________________________
Robert (“Bob”) W. Warren
Chairman, Pittsylvania County Board of Supervisors
ATTEST:
_____________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
12.a.a
Packet Pg. 146 Attachment: 2021-07-02 Revised Solid Waste Management Plan (2641 : Resolution # 2021-07-02 (Revised Solid Waste Management Plan)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: MEP, Ltd. Local Performance Agreement Approval (Staff Contact:
Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: July 20, 2021 Item Number: 12.b
Attachment(s): 2020 MEP - LPA MEP - fnal
Reviewed By:
SUMMARY:
On June 7, 2021, Governor Northam’s Office announced that MEP, Ltd. (“MEP”) of Aylesford,
United Kingdom, would locate its first U.S. manufacturing facility in the RIFA-owned Cyber
Park, resulting in new capital investments of $6.4 million and the creation of forty-five (45)
high-wage jobs. County Staff has visited MEP’s U.K. operations, has met with both MEP and
the Governor at the Paris Aerospace Show, and has worked with MEP for over two (2) years.
RIFA jointly presented to MEP a competitive and impactful incentive offer that is dependent
upon the execution of a Local Performance Agreement (“LPA”) with the Board. After
considering whether to locate its operation in Danville-Pittsylvania County or North Carolina,
MEP executed the attached LPA with RIFA. Said LPA was approved by RIFA at its June 14,
2021, Meeting. MEP will locate into the recently constructed 5,500 sq. ft. high bay space at
IALR while its facility in the Cyber Park is being constructed. For the Board’s review and
consideration, attached is the LPA.
FINANCIAL IMPACT AND FUNDING SOURCE:
The LPA provides that RIFA will pay a grant in the amount of $250,000 to MEP once all project
metrics are met. It further provides $80,000 of Enterprise Zone grants and fee waivers to MEP
based upon performance, due to the location of the Cyber Park being in a State Enterprise Zone.
Finally, RIFA is paying up to one (1)-year’s rent for the MEP at IALR, with an amount to not
exceed $75,000. All grants and their liability are shared 50/50 by the County and City per RIFA
by-laws. The funding source for the grants will be from the Company’s tax payments.
RECOMMENDATION:
County Staff recommends the Board approve the MEP LPA as presented.
MOTION:
“I make a Motion to approve the MEP LPA as presented.”
12.b
Packet Pg. 147
1
LOCAL PERFORMANCE AGREEMENT
THIS LOCAL PERFORMANCE AGREEMENT (this "Agreement"), made and
entered into as of the _____ day of __________________________ 2021, by and among
DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a
political subdivision of the Commonwealth of Virginia ("RIFA"); the INDUSTRIAL
DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (the "City IDA"); the CITY OF DANVILLE, VIRGINIA, a
Virginia municipal corporation (the "City"); the INDUSTRIAL DEVELOPMENT
AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (the "County IDA"); the COUNTY OF PITTSYLVANIA,
VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"); and
MAKING EVERYTHING POSSIBLE, LLC, a Virginia limited liability company (the
"Company") whose Federal Employer Identification Number is 84-3635255;
W I T N E S S E T H :
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties agree as follows:
Section 1. - Recitals. The parties recite the following facts:
a. RIFA, the City IDA, the City, the County IDA and the County, in order to
stimulate economic growth and development of the community by creating jobs and
infrastructure have agreed to provide incentives to new and expanding businesses which conduct
industrial activity.
b. The Company is the U.S. subsidiary of a U.K. multi-award manufacturer that
specializes in molding and machining for the aerospace and defense industries. The Company’s
products are also utilized in motor sports, space, and rail applications.
c. The Company has agreed to establish and to operate its business in the City and/or
the County in two phases, Phases I and II. In Phase I, the Company would establish a temporary
Start-Up Center (the "Phase I Start-Up Center") within the Main Building of the Institute for
Advanced Learning and Research (the “Institute”), located in Danville, Virginia. The Phase I
Start-Up Center would comprise of approximately 7,000 square feet of office and high bay
space. The land upon which the Institute operates is owned by RIFA and is part of RIFA’s
Cyber Park project. In Phase II, the Company would establish a production facility containing
at least 30,000 square feet of space (the "Phase II Production Facility") in RIFA's Cyber Park
or other RIFA industrial park agreed upon by the parties, in a precise location to be determined
by RIFA and the Company.
d. During the Phase I Performance Period described below, the Company plans to
12.b.a
Packet Pg. 148 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
2
make capital investments in the Phase I Start-Up Center of at least Eight Hundred Thousand and
00/100 Dollars ($800,000.00) and to create eight (8) full-time jobs with an average yearly base
wage of at least Seventy-Three Thousand and 00/100 Dollars ($73,000.00), as set forth in this
Agreement.
e. During the Phase II Performance Period described below, the Company plans to
make capital investments to or for the Phase II Production Facility of at least Six Million Four
Hundred Forty Five Thousand and 00/100 Dollars ($6,445,000.00) and to create an additional
thirty-seven (37) full-time jobs (for a total of forty-five (45) jobs, including the eight (8) jobs
created during Phase I to be carried over to work at the Phase II Production Facility), with an
average yearly base wage of at least Sixty-Two Thousand and 00/100 Dollars ($62,000.00), as
set forth in this Agreement.
f. Each of RIFA, the City IDA, the City, the County IDA and the County is willing
to provide those certain incentives to the Company summarized in Schedule 1(f), attached hereto
and incorporated herein by this reference, provided that the Company satisfies certain criteria
relating to employment projections and capital investment as described below.
g. Each of RIFA, the City IDA, the City, the County IDA and the County finds that
the provisions of this Agreement and the commitments of the Company will promote the
expansion of industry by inducing industrial development within the Cyber Park, and that such
development will promote the safety, health, welfare, convenience and prosperity of the citizens
of the City and the County.
Section 2. - Definitions. For the purposes of this Agreement, the following terms shall
have the following definitions:
a. "Agreement" shall mean this Local Performance Agreement and shall have the
same meaning as set forth in the header paragraph.
b. "Capital Investment" means a capital expenditure by or on behalf of the
Company in taxable real property, taxable tangible personal property, construction and design
costs or a combination thereof, at the Phase I Start-Up Center and/or the Phase II Production
Facility. A capital expenditure related to a leasehold interest in real property will be considered
to be made "on behalf of the Company" if a lease between a developer and the Company is a
capital lease, or is an operating lease having a term of at least ten (10) years, and the real
property would not have been constructed or improved but for the Company's interest in leasing
some or all of the real property. Only the capital expenditures allocated to the portion of the real
property to be leased by the Company will count as Capital Investment. The purchase or lease
of furniture, fixtures, machinery and equipment, including under an operating lease, will qualify
as Capital Investment hereunder.
c. "City" shall have the same meaning as that term in the header paragraph of this
Agreement.
12.b.a
Packet Pg. 149 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
3
d. "City IDA" shall have the same meaning as that term in the header paragraph of
this Agreement.
e. "Company" shall have the same meaning as that term in the header paragraph of
this Agreement.
f. "County" shall have the same meaning as that term is used in the header
paragraph of this Agreement.
g. "County IDA" shall have the same meaning as that term in the header paragraph
of this Agreement.
h. "Danville-Pittsylvania County Industrial Enhancement Grant" shall have the
same meaning as that term is used in Section 5(b) below.
i. "Event of Default" shall have the same meaning as that term is used in Section 8
below.
j. "Event of Force Majeure" shall mean without limitation, any of the following:
acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of
any kind of the government of the United States of America or of the Commonwealth or any of
their respective departments, agencies, political subdivisions or officials, or any civil or military
authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes;
tornadoes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil
disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not
caused by the Company; partial or entire failure of utilities; or any other cause or event not
reasonably within the control of the Company, including without limitation any adverse change,
effect, event, occurrence, state of facts or development arising in connection with COVID-19 or
the taking of any actions that the Company reasonably determine are necessary or prudent for it
to take in connection with the events surrounding any pandemic or public health emergency
caused by or arising out of COVID-19, including quarantine, “shelter in place”, “stay at home”,
workforce reduction, layoff, furlough, social distancing, shut down, closure, sequester or any
other Law, order, directive, guidelines or recommendations issued by any Governmental
Authority, from time to time, in connection with or in response to COVID-19. During the
Performance Agreement, the Company shall give, on or before the tenth (10th) day of the month,
written notice to RIFA, detailing each Event of Force Majeure that occurred in the immediately
preceding calendar month.
k. "GL Landlord" shall mean with respect to the Ground Lease executed by the
Company, the landlord or sublandlord thereunder, as the case may be, and shall have the same
meaning as that term is used in Section 3(b)(i) below.
l. "GL Term" shall mean the term of the Ground Lease and shall have the same
12.b.a
Packet Pg. 150 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
4
meaning as that term is used in Section 3(b)(ii) below.
m. "Government Party" or "Government Parties" shall mean any one or more of
RIFA, the City IDA, the City, the County IDA or the County.
n. "Ground Lease" shall mean that certain fifteen (15) year ground lease or
sublease for the Land and/or the Phase II Production Facility, with the Company as tenant or
subtenant, and the City IDA, the County IDA or a Third Party Developer as landlord or
sublandlord (as the case may be), as more particularly described in Section 3 below.
o. "Land" shall mean land underneath which the Phase II Production Facility is or
will be established, the specific location of which shall be mutually agreed by RIFA and the
Company within RIFA’s Cyber Park located in Danville, Virginia, or such other industrial park
of RIFA. The estimated value of the Land is Five Hundred Thousand and 00/100 Dollars
($500,000.00).
p. "Maintain", as it pertains to a New Job, shall mean that the New Job 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 not to
exceed sixty (60) days.
q. "New Job" shall mean new permanent full-time employment of an indefinite
duration at the Phase I Start-Up Center or the Phase II Production Facility for which the standard
fringe benefits are provided by the Company for the employee, and for which the Company pays
(i) during Phase I, an average annual wage of at least Seventy-Three Thousand and 00/100
Dollars ($73,000.00), and (ii) during Phase II (including Phase I New Jobs carried over through
Phase II), an average annual wage of at least Sixty-Two Thousand and 00/100 Dollars
($62,000.00), excluding standard fringe benefits. Each New Job must require a minimum of
either (i) thirty-five (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 forty-eight (48) weeks, or
(ii) one thousand six hundred eighty (1,680) hours per year. Seasonal or temporary positions,
positions created when a job function is shifted from an existing location in the Commonwealth
of Virginia, and positions with construction contractors, vendors, suppliers and similar multiplier
or spin-off jobs shall not qualify as New Jobs.
r. "Performance Date" shall mean the date that is five (5) years after the date of
this Agreement.
s. "Performance Period" shall mean that period of time commencing on the date of
this Agreement and ending on the Performance Date.
t. "Phase I Performance Date" shall mean the date that is two (2) years after the
12.b.a
Packet Pg. 151 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
5
earlier to occur of (i) the date that the Company takes possession of the Phase I Start-Up Center
or (ii) the commencement date of the lease or license agreement for the Phase I Start-Up Center.
u. "Phase I Performance Period" shall mean that two (2) year period of time
immediately prior to the Phase I Performance Date.
v. "Phase I Start-Up Center" shall have the same meaning as that term is used in
Section 1(c).
w. "Phase II Production Facility" shall have the same meaning as that term is used
in Section 1(c).
x. "Purchase Option” shall have the same meaning as that term is used in Section
3(c) below.
y. "Recruitment Documents" shall mean any one or more of this Agreement, the
Ground Lease, any and all performance grant agreements executed by the Company pertaining to
State Grants and any other document(s) executed, at the request of RIFA, by the Company in
connection with this Agreement.
z. "RIFA" shall have the same meaning as that term in the header paragraph of this
Agreement.
aa. "RIFA Land Clawback Option” shall mean RIFA’s right to purchase the Land
(including without limitation the Phase II Production Facility building and any other
improvements thereon and appurtenances thereunto belonging), in whole or in part, in the event
that the Company no longer owns the Phase II Production Facility, the Company discontinues
full-time business for a period of ninety (90) days or more, the Company materially changes the
nature of the Company’s business, or the Phase II Production Facility is not being used in
substantially the same manner as was used on the Performance Date. The RIFA Land Clawback
Option shall have a term of ten (10) years beginning on the date that title to the Land is
transferred to the Company from the GL Landlord or otherwise (the "RIFA Land Clawback
Option Period"), and shall be recorded in the land records of the City. The RIFA Land
Clawback Option shall only apply if the GL Landlord is or was the City IDA or the County IDA.
The purchase price for the Land shall be equal to the fair market value of the Land (including
without limitation the improvements thereon and appurtenances thereunto belonging), as
established by a qualified written appraisal obtained by RIFA, minus all the cash incentives
provided to or for the Company under this Agreement for that phase of construction (excluding,
however, those cash incentives paid as a result of the Company’s creation of New Jobs, the
financing incentives), and minus Five Hundred Thousand and 00/100 Dollars ($500,000.00) in
real property incentives. To exercise such option, RIFA must provide written notice to the
Company or its permitted assignee on or before the end of the term of the RIFA Land Clawback
Option. At the closing of the purchase of the RIFA Land Clawback Option, the seller, at its
expense, shall transfer title to the Land and Phase II Production Facility by special warranty
12.b.a
Packet Pg. 152 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
6
deed, free and clear of any monetary liens. The exercise of the RIFA Land Clawback Option
shall not be deemed to be an election of remedies by RIFA, and shall be in addition to, and not in
lieu of, any rights or other remedies of RIFA under this Agreement or applicable law.
bb. "RIFA Land Clawback Option Period” shall have the same meaning as that term
is used in Section 2(aa) above.
cc. "State Grants" shall mean the Commonwealth Opportunity Fund Grant; the
Tobacco Region Opportunity Fund Grant; the TROF Loan (as hereafter defined) with respect to
the interest rate of zero percent (0%), the Virginia State Enterprise Zone Job Creation Grant; the
Virginia State Enterprise Zone Real Property Investment Grant; and the Virginia Jobs Investment
Program Grant.
dd. "Third Party Developer" shall mean a real estate developer that leases or
subleases the Land and the Phase II Production Facility building to the Company and/or
constructs or causes the construction of the Phase II Production Facility building on the Land.
ee. "Tobacco Commission" shall mean the Virginia Tobacco Region Revitalization
Commission, a political subdivision of the Commonwealth of Virginia, as created in Chapter 31
of Title 3.2 of the Code of Virginia, 1950, as amended.
ff. "TROF Loan" shall have the same meaning as that term is used in Section 5(a)
(iii) below.
Section 3. - The Ground Lease.
a. City IDA, County IDA or Third Party Developer as GL Landlord. As of the date
of this Agreement, the Land is part of a larger tract of property belonging to RIFA in its Cyber
Park located in Danville, Virginia. On or before the end of the Phase I Performance Period,
RIFA shall (i) convey to the City IDA or the County IDA the Land for ground lease to the
Company as set forth in this Section; (ii) sell to a Third Party Developer the Land for lease to
the Company as set forth in this Section or (iii) ground lease the Land to a Third Party
Developer for sublease to the Company as set forth in this Section. Any such conveyance, sale
or ground lease shall be subject or conditioned upon the GL Landlord’s agreement to the
Purchase Option (as defined in Section 3(b) below) or such other option to purchase as the
Company and the GL Landlord shall agree in advance. The Purchase Option or such other
option to purchase shall be evidenced by a duly executed deed, memorandum of lease or other
instrument suitable for recordation in the City land records. If the City IDA or the County IDA
should be the GL Landlord, the City IDA or the County IDA shall consider applying, but shall
not be required to apply, for financing for the construction and closing costs for the Phase II
Production Facility for up to Four Million and 00/100 Dollars ($4,000,000.00).
b. Ground Lease – Minimum Terms and Conditions. Within one hundred eighty
(180) days after the Company's execution of this Agreement, the Company shall execute a
12.b.a
Packet Pg. 153 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
7
Ground Lease with the GL Landlord in a form reasonably acceptable to RIFA; however, the
Ground Lease, at a minimum, shall provide the following provisions:
i. The Company and the landlord/sublandlord under the Ground Lease ("GL
Landlord"), at no direct expense to RIFA, shall cause the construction of the Phase II
Production Facility building upon the Land on or before the Performance Date, with
ground breaking to occur on or before the end of the Phase I Performance Period. In the
event that the City IDA or the County IDA is GL Landlord and the Company is in default
of this Agreement and all applicable cure periods, if any, have expired, during the Phase I
Performance Period, as noticed in writing by RIFA to GL Landlord, the Ground Lease
shall immediately terminate.
ii. The term of the Ground Lease shall be fifteen (15) years (the "GL
Term"), beginning on the date that the Company completes, in full, its obligations for
Capital Investment and New Job creation as set forth in Sections 4(a) and 4(b) below.
Such completion in full shall be a condition precedent to the Ground Lease. Monthly
base rent shall be equal to (i) the repayment amount of the financing for the Phase II
Production Facility, accruing annual interest at no more than four percent (4%) or if no
such financing is provided by GL Landlord, One Hundred and 00/100 Dollars ($100.00);
or (ii) in the case of a Third Party Developer as the GL Landlord, such other rent agreed
upon by the Company and the Third Party Developer; however, in such case, the monthly
base rent shall be structured in such a reasonable manner for the Company to comply
with its obligations to make Capital Investment within the Performance Period. In
addition to such base monthly rent, the Company shall pay to the GL Landlord a monthly
administrative fee of Two Hundred Fifty and 00/100 Dollars ($250.00).
iii. The Company and GL Landlord shall obtain prior written approval from
RIFA of (A) the construction plans for the Phase II Production Facility, and (B) the
construction schedule that is reasonably calculated to complete the construction and
capital expenditures within the Performance Period.
c. The Company’s Purchase Option. At any time during the GL Term after
September 1, 2022, or a sooner date that is acceptable to the U.S. Economic Development
Administration, the Company shall have the right to purchase the Land from RIFA, the City IDA
or the County IDA, as the case may be (should RIFA, the City IDA or the County IDA then be
the owner of the Land), for the purchase price equal to the greater of (i) the payoff amount of
the Phase II Production Facility construction financing or (ii) One Thousand and 00/100 Dollars
($1,000.00) (the “Purchase Option”), conditioned, however, upon the occurrence or satisfaction
all of the following:
i. RIFA Land Clawback Option shall have been recorded in the Clerk’s
Office of the Circuit Court of the City, and shall constitute a first position encumbrance
upon the Land, but subordinate to any deed of trust related to the financing of the
construction of the Phase II Production Facility. At RIFA’s choosing, RIFA Land
12.b.a
Packet Pg. 154 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
8
Clawback Option may be included as a reservation of rights in the special warranty deed
to the Land from RIFA to the Company; and
ii. The Phase II Production Facility have been completed as evidenced by the
issuance of all applicable certificates of occupancy, and all of the GL Landlord's
construction costs and expenses of the Phase II Production Facility have been paid in full;
and
iii. The Company is not then in default of any one or more of the Recruitment
Documents.
At the closing of the Purchase Option, RIFA, at its expense, shall prepare and deliver to the
Company a special warranty deed to the Land, “AS IS”, “WHERE IS” and “WITH ALL
FAULTS”, and subject to all non-utility easements, conditions, restrictions and agreements of
record affecting the Land, including without limitation RIFA Land Clawback Option, but free
and clear of any monetary liens. RIFA shall pay any grantor’s tax due with respect to the
transfer of the Land to the Company. The Company shall pay the Virginia recordation tax on
the special warranty deed, the Company’s attorneys’ fees, title insurance premiums and expenses
and all other costs and expenses incurred by the Company in connection with the closing of the
Purchase Option. Prepaid items shall be prorated. RIFA and the Company agree to execute
and deliver to the other such documents as may be then legally necessary to carry out the terms
of this Section 3(c) and to complete the Purchase Option closing in accordance with the custom
in the Commonwealth of Virginia for commercial real property transactions.
Section 4. - Capital Investment and New Job Creation by the Company.
a. Phase I: Capital Investment $800,000.00. On or before the earlier to occur of
the Phase I Performance Date or the commencement of the GL Term, the Company shall make
Capital Investment in the minimum aggregate amount of Eight Hundred Thousand and 00/100
Dollars ($800,000.00) for the Phase I Start-Up Center. Notwithstanding the foregoing, it shall
not constitute an Event of Default under Section 8 below if the Company during the Performance
Period shall make a Capital Investment of at least Seven Hundred Twenty Thousand and 00/100
Dollars ($720,000.00) on or before the Phase I Performance Date.
b. Phase I: 8 New Jobs. The Company shall create and employ eight (8) New Jobs
on or before the Phase I Performance Date and shall Maintain these New Jobs until at least the
earlier to occur of the Phase I Performance Date or the commencement of the GL Term.
Beginning July 1, 2021, on July 1 and January 1 of each year during the Performance Period, the
Company shall produce and deliver to RIFA a New Jobs roster itemizing, at a minimum, each
New Job and the base pay (excluding fringe benefits), as described in Section 2(q) above and any
other information pertaining to such New Job employees as may be reasonably requested by
RIFA. The Company shall redact from the New Jobs roster any personally identifiable
information of its employees. The Company hereby authorizes each of the City's Economic
Development Director, the County's Economic Development Director and the RIFA Treasurer or
12.b.a
Packet Pg. 155 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
9
his respective designees to obtain and to verify the information contained in the New Jobs roster
from the Virginia Employment Commission. Notwithstanding the foregoing, it shall not
constitute an Event of Default under Section 8 below if the Company during the Phase I
Performance Period shall create and Maintain at least seven (7) New Jobs on or before the Phase
I Performance Date.
c. Phase II: Capital Investment $6,445,000.00. On or before the Performance
Date, the Company shall make Capital Investment in the minimum aggregate amount of Six
Million Four Hundred Forty Five Thousand and 00/100 Dollars ($6,445,000.00) for the Phase II
Production Facility. Notwithstanding the foregoing, it shall not constitute an Event of Default
under Section 8 below if the Company during the Performance Period shall make a Capital
Investment of at least Five Million Eight Hundred Thousand Five Hundred and 00/100 Dollars
($5,800,500.00) on or before the Performance Date.
d. Phase II: 37 Additional New Jobs. The Company shall create and employ an
additional thirty-seven (37) New Jobs (for a total forty-five (45) New Jobs, including the eight
(8) New Jobs created during Phase I to be carried over to work at the Phase II Production
Facility), on or before the Performance Date and shall Maintain these New Jobs (for a total of
forty-five (45) New Jobs) until at least the Performance Date. Beginning July 1, 2022, on July 1
and January 1 of each year during the Performance Period, the Company shall continue to
produce and deliver to RIFA a New Jobs roster itemizing, at a minimum, each New Job and the
base pay (excluding fringe benefits), as described in Section 2(q) above and any other
information pertaining to such New Job employees as may be reasonably requested by RIFA.
The Company shall redact from the New Jobs roster any personally identifiable information of
its employees. The Company hereby authorizes each of the City's Economic Development
Director, the County's Economic Development Director and the RIFA Treasurer or his respective
designees to obtain and to verify the information contained in the New Jobs roster from the
Virginia Employment Commission. Notwithstanding the foregoing, it shall not constitute an
Event of Default under Section 8 below if the Company during the Phase I Performance Period
shall create and Maintain at least forty (40) New Jobs on or before the Performance Date.
e. Financial Report. On January 1 and July 1 of each year during the Performance
Period, the Company shall produce and deliver to RIFA a general financial report on the status of
the Company's business since the date of its opening of the Phase I Start-Up Center and the
Phase II Production Facility.
Section 5. - Funds Extended to or for the Company.
a. State Grant Applications. As part of the construction of the Phase I Start-Up
Center or Phase II Production Facility, RIFA or other Government Parties shall apply for and
accept State Grants as follows:
i. Up to $135,000.00 Commonwealth Opportunity Fund Grant. As a
condition to and as a part of the application for the Commonwealth
12.b.a
Packet Pg. 156 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
10
Opportunity Fund Grant, RIFA and the Company shall enter into a
performance grant agreement with the Virginia Economic Development
Partnership. If the application for such grant is approved, RIFA shall
disburse the funds to the Company upon the Company's satisfaction or
achievement of certain performance metrics as set forth in such
performance grant agreement.
ii. Up to $270,000.00 Tobacco Region Opportunity Fund Grant. As a
condition to and as a part of the application for the Tobacco Region
Opportunity Fund Grant, RIFA and the Company shall enter into a
performance grant agreement with the Tobacco Commission. If the
application for such grant is approved, RIFA shall disburse the funds to
the Company upon the Company's satisfaction or achievement of certain
performance metrics as set forth in such performance grant agreement.
However, should this grant be advanced to the Company in the sole
discretion of RIFA prior to the satisfaction or achievement of those
performance metrics, this grant is subject to recapture by RIFA or any
other Government Party in the event the Company fails to make the
Capital Investment and/or create and Maintain the New Jobs on or before
the Performance Date.
iii. $270,000.00 Interest-Free Tobacco Region Opportunity Fund Loan. On
behalf of the Company, RIFA, upon request of the Company, shall apply
for a Tobacco Region Opportunity Fund Loan ("TROF Loan") in the
amount of up to Two Hundred Seventy Thousand and 00/100 Dollars
($270,000.00), interest free, with a loan repayment term of five (5) years.
The first payment under the TROF Loan shall be no sooner than twenty-
four (24) months after the first disbursement under the TROF Loan. As a
condition to and as a part of the application for such loan, the Company
shall be required to execute a promissory note payable to the Tobacco
Commission and other loan documents required by the Tobacco
Commission. In the event of an Event of Default, RIFA shall have the
right to demand immediate repayment of the outstanding balance of the
TROF Loan as set forth in Section 9(e) below.
iv. $100,000.00 job creation and up to $100,000.00 real property
improvement: Virginia State Enterprise Zone Grant. The Land is
located in a Virginia Enterprise Zone. RIFA or the City shall apply for a
Virginia State Enterprise Zone Grant from the Virginia Department of
Housing and Community Development, estimated at up to One Hundred
Thousand and 00/100 Dollars ($100,000.00) for job creation and up to
One Hundred Thousand and 00/100 Dollars ($100,000.00) for the
improvements to the Land (including without limitation the Phase II
Production Facility building). If such application for such grant is
12.b.a
Packet Pg. 157 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
11
approved, RIFA or the City shall disburse the grant to the Company
according to the terms and conditions of the Virginia State Enterprise
Zone program.
v. $14,400.00 Virginia Jobs Investment Program Grant. RIFA shall assist
the Company in applying for grants under the Virginia Economic
Development Partnership's Virginia Jobs Investment Program, estimated
at Fourteen Thousand Four Hundred and 00/100 Dollars ($14,400.00) for
job creation of the New Jobs. If such application for such grant is
approved, the Virginia Economic Development Partnership (or if allowed
by the program, RIFA) shall disburse the grant to the Company according
to the terms and conditions of the Virginia Jobs Investment Program.
The Company shall reasonably cooperate with the Government Parties in connection with the
applications for the State Grants, including without limitation providing financial information
about the Company, the Company's planned Capital Investments, and the creation schedule of
the New Jobs.
The Government Parties acknowledge that one or more advances of the State Grants
could be made by RIFA or other Government Party applying for such grants, provided that the
advanced disbursements are adequately secured in the sole and absolute determination of such
applicant Government Party, in the event that the Company does not meet the performance
metrics or other requirements for such State Grant.
b. $250,000.00 Danville-Pittsylvania County Industrial Enhancement Grant. RIFA
shall pay to or for the Company a Danville-Pittsylvania County Industrial Enhancement Grant in
the amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) ("Danville-
Pittsylvania County Industrial Enhancement Grant") to be used for certain Capital
Improvements that are approved in advance and in writing by RIFA. This grant shall not be
disbursed in advance of the Company’s performance of the requirements of such grant. After
this grant is disbursed, this grant is subject to recapture by RIFA in the event the Company fails
to make the Capital Investment and/or create and Maintain the New Jobs on or before the
Performance Date.
c. Up to $80,000.00 Danville-Pittsylvania County Enterprise Zone Grant. The City
and the County acknowledge that under the City-County’s Enterprise Zone program, the
Company's Capital Investment for the New Facility and creation of New Jobs as contemplated in
this Agreement could qualify for up to Eighty Thousand and 00/100 Dollars ($80,000.00) in
value in the form of cash payments, commercial building permit fee waivers and development
fee waivers. The City and the County shall disburse such grant according to the terms and
conditions of their Enterprise Zone program. After this grant is disbursed, this grant is not
subject to recapture by the City, the County or any other Government Party in the event the
Company fails to make the Capital Investment and/or create and Maintain the New Jobs on or
before the Performance Date.
12.b.a
Packet Pg. 158 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
12
d. Up to $17,500.00 Reimbursement of Residential Housing Expenses by the City.
So long as there is no Event of Default, the City, during the first twelve (12) months of the
Performance Period, shall reimburse the Company up to Seventeen Thousand Five Hundred and
00/100 Dollars ($17,500.00) in expenses in connection with purchasing or leasing residential
housing, located in the City, for use by personnel of the Company. Such expenses may include
the costs of purchasing or renting housing, including but not limited to mortgage payments, rent,
hotel/motel fees, utilities and other services reasonably related to housing, real estate taxes on the
rental, insurance premiums on the rental or purchased property, and the rental of decorations and
furniture, but shall exclude expenses for the purchase of decorations, furniture or food. As a
condition to such reimbursement or payment, the Company shall submit invoices, vouchers and
any other documentation reasonably requested by the City. Within sixty (60) days after a
request for reimbursement or payment is received and all supporting documentation is verified
by the City, the City shall make such reimbursement or payment. After this grant is disbursed,
this grant is not subject to recapture by RIFA, the City or any other Government Party in the
event the Company fails to make the Capital Investment and/or create and Maintain the New
Jobs on or before the Performance Date, provided that the Company made Capital Investment of
at least Three Hundred Twenty Two Thousand Two Hundred Fifty and 00/100 Dollars
($322,250.00) to or for the construction and/or operation of the Phase II Production Facility
and/or purchase of equipment to be installed and operated therein.
e. Up to $75,000.00 Payment of Base Rent for the Lease for the Phase I Start-Up
Center. So long as there is no Event of Default, RIFA shall pay to IALR up to an aggregate
Seventy Five Thousand and 00/100 Dollars ($75,000.00) for the first twelve (12) months of base
rent under the lease for the Phase I Startup Center. Nothing in this Section 5(e) shall be deemed
or construed to create a guaranty relationship or principal-agent relationship between RIFA and
the Company. Moreover, in no event shall IALR be deemed or construed to be a third-party
beneficiary of this Section 5(e). After these funds are disbursed by RIFA, these funds are not
subject to recapture by RIFA in the event the Company fails to make the Capital Investment
and/or create and Maintain the New Jobs on or before the Performance Date, provided that the
Company has initiated substantial action towards construction of and operations in the Phase II
Production Facility including without limitation the Company's execution of the Ground Lease,
the making of Capital Investment of at least Three Hundred Twenty Two Thousand Two
Hundred Fifty and 00/100 Dollars ($322,250.00) to or for the construction and/or operation of
the Phase II Production Facility and/or purchase of equipment to be installed and operated
therein, or other actions in the non-arbitrary and non-capricious determination of RIFA. The
Company hereby authorizes RIFA to receive information from IALR regarding all aspects of the
lease for the Phase I Startup Center.
Section 6. - Capital Investment Report and Unaudited Annual Financial Statements.
The Company shall provide a signed report to RIFA annually, beginning January 1, 2022,
documenting the Company's progress in Capital Investment and in maintenance of the Capital
Investment. The Company further agrees that each of the City's Economic Development
Director, the County's Economic Development Director and the RIFA Treasurer or his respective
12.b.a
Packet Pg. 159 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
13
designees is authorized to verify all taxable Capital Investment and related information through
the Office of the Commissioner of Revenue for the City (or the County, if the Phase II
Production Facility is located in the County). Along with the report in this Section, the
Company shall provide to RIFA (i) unaudited financial statements covering the previous twelve
(12) month period, prepared under generally accepted accounting principles (GAAP) as used in
the United States of America and (ii) documentation or other information reasonably
satisfactory to RIFA demonstrating the Company’s plans to have sufficient working capital to
operate its business for at least the next eighteen (18) months and to meet its required Capital
Investment as set forth in this Agreement.
Section 7. - Representations and Warranties of the Company. As of the date of this
Agreement and continuing until the Performance Date, the Company hereby represents and
warrants to each Government Party the following:
a. The Company is a duly organized limited liability company, validly existing, and
in good standing under the laws of the Commonwealth of Virginia, and should the Company
assign its rights under this Agreement to a wholly owned subsidiary, the assignee is a duly
organized entity in the Commonwealth of Virginia as of the date of such assignment. The
Company (or the assignee, as the case may be) is authorized to transact business in the
Commonwealth of Virginia and all other jurisdictions in which it is required by law.
b. This Agreement, the transactions contemplated herein, and the other Recruitment
Documents to be executed by the Company have been or shall have been approved by all
necessary action by the Company; and the persons executing this Agreement and any of the other
Recruitment Documents to be executed by the Company have or shall have full and complete
authority to execute and deliver the same for and on behalf of the Company.
c. The execution, delivery, and performance by the Company of this Agreement, the
other Recruitment Documents, and the consummation of the transactions contemplated hereby
and thereby will not violate, conflict with, or result in any default under, or cause any
acceleration of any obligation under, any (i) organizational documents of the Company
(including without limitation Articles of Incorporation/Organization, bylaws/Operating
Agreement, and buy-sell agreement); (ii) any existing contract, agreement, note, or other
document to which the Company is a party, or by which the Company is bound; or (iii) any
orders, decrees, or laws of any jurisdiction applicable to and binding upon the Company.
d. This Agreement and all other Recruitment Documents constitute the legal,
binding and enforceable obligations of the Company in accordance with the terms contained
herein or therein.
e. There is no pending or threatened litigation or proceeding against the Company
which may materially adversely affect the financial condition, business operations, or business
prospects of the Company.
12.b.a
Packet Pg. 160 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
14
f. The Company is not in material default with respect to any existing indebtedness
incurred by it.
g. All financial statements, certificates, resolutions, and other information or
documentation furnished to any one or more of the Government Parties prior to the date of this
Agreement by the Company are true, correct, and accurate, and no such information fails to
disclose or misrepresents any information which could materially or adversely affect the
transactions contemplated in this Agreement; and the Company has not failed to disclose any
information which could materially and adversely affect the business or financial condition of
the Company.
For purposes of this Section 7, the "Company" shall, specifically and without limitation, include
any assignee of the Company to any one or more of the Recruitment Documents.
Section 8. - Event of Default. It shall be an Event of Default upon the occurrence of
any one or more of the following events:
a. Any material default under this Agreement or any other Recruitment Document
which is not cured within thirty (30) days after written notice to the Company of such default (or
if such default cannot reasonably be cured within such thirty (30) day period, then if the
Company fails to substantially begin such cure within such thirty (30) day period or fails
thereafter to diligently pursue such cure) occurs;
b. The Company discontinues full-time business for a period of sixty (60) days or
more, or materially changes the nature of the Company's business;
c. The Company (i) files a petition or has a petition filed against it under the
Bankruptcy Code or any proceeding for the relief of insolvent debtors which is not dismissed
within sixty (60) days of such filing; (ii) is subject to the entry of an order for relief by any court
of insolvency; (iii) makes an admission of insolvency seeking the relief provided in the
Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the benefit of
creditors; (v) has a receiver appointed, voluntarily or otherwise, for its property; or (vi) becomes
insolvent, however otherwise evidenced;
d. The controlling owner of the Company (i) files a petition or has a petition filed
against it under the Bankruptcy Code or any proceeding for the relief of insolvent debtors which
is not dismissed within sixty (60) days of such filing; (ii) is subject to the entry of an order for
relief by any court of insolvency; (iii) makes an admission of insolvency seeking the relief
provided in the Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the
benefit of creditors; (v) has a receiver appointed, voluntarily or otherwise, for its property; or (vi)
becomes insolvent, however otherwise evidenced;
e. The Company is not in good standing with the Virginia State Corporation
Commission after having received at least sixty (60) days written notice from the Commission;
12.b.a
Packet Pg. 161 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
15
or
f. An officer or controlling owner of the Company (i) is convicted of a felony, or (ii)
is convicted of any other crime involving lying, cheating, stealing, fraud, misappropriation, or
other similar acts of dishonesty.
For purposes of this Section 8, the "Company" shall, specifically and without limitation, include
any assignee of the Company to any one or more of the Recruitment Documents.
Section 9. - Upon Occurrence of an Event of Default. In addition to and not in lieu of
any other remedies or relief made available to any one or more of the Government Parties under
this Agreement, at law or in equity, upon the occurrence of an Event of Default, irrespective of
whether any Government Party has terminated this Agreement, each Government Party (as the
case may be) may elect any one or more of the following:
a. The Government Party may immediately cease to disburse any further payments
to or for the Company under this Agreement or the Recruitment Documents;
b. The Government Party may give written notice to the Company exercising the
right to accelerate the Company's obligation to repay any unpaid indebtedness of the Company to
that Government Party, declaring the outstanding balance to be immediately due and payable;
c. The Government Party shall have the right to demand the Company to
immediately refund the unearned portion of the Commonwealth Opportunity Fund Grant as set
forth in Section 5(a)(i) above; however, if the Event of Default is based on the Company’s
failure to make the Capital Investment and/or to create and Maintain New Jobs as required in this
Agreement, the amount of the refund shall be calculated as set forth below in Section 10 below;
d. The Government Party shall have the right to demand the Company to
immediately refund the unearned portion of the Tobacco Region Opportunity Fund Grant as set
forth in Section 5(a)(ii) above; however, if the Event of Default is based on the Company’s
failure to make the Capital Investment and/or to create and Maintain New Jobs as required in this
Agreement, the amount of the refund shall be calculated as set forth below in Section 10 below;
e. The Government Party shall have the right to demand the Company to repay, and
the Company shall immediately repay in full, the outstanding balance of TROF Loan as set forth
in Section 5(a)(iii) above, but only if the Event of Default is not based on the Company’s failure
to make the Capital Investment and/or to create and Maintain New Jobs as required in this
Agreement;
f. The Government Party shall have the right to demand the Company to
immediately refund the unearned portion of the Virginia State Enterprise Zone Grant as set forth
in Section 5(a)(iv) above; however, if the Event of Default is based on the Company’s failure to
make the Capital Investment and/or to create and Maintain New Jobs as required in this
12.b.a
Packet Pg. 162 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
16
Agreement, the amount of the refund shall be calculated as set forth below in Section 10 below;
g. The Government Party shall have the right to demand the Company to
immediately refund the unearned portion of the Virginia Jobs Investment Program Grant as set
forth in Section 5(a)(v) above; however, if the Event of Default is based on the Company’s
failure to make the Capital Investment and/or to create and Maintain New Jobs as required in this
Agreement, the amount of the refund shall be calculated as set forth below in Section 10 below;
h. The Government Party shall have the right to demand the Company to
immediately refund the Danville-Pittsylvania County Industrial Enhancement Grant as set forth
in Section 5(b) above; however, if the Event of Default is based on the Company’s failure to
make the Capital Investment and/or to create and Maintain New Jobs as required in this
Agreement, the amount of the refund shall be calculated as set forth below in Section 10 below;
i. The Government Party shall have the right to demand the Company to
immediately refund the residential housing expenses paid by RIFA under Section 5(d) above;
however, if the Event of Default is based on the Company’s failure to make the Capital
Investment and/or to create and Maintain New Jobs as required in this Agreement, where the
Company made Capital Investment of at least Three Hundred Twenty Two Thousand Two
Hundred Fifty and 00/100 Dollars ($322,250.00) to or for the construction and/or operation of
the Phase II Production Facility and/or purchase of equipment to be installed and operated
therein, the amount of the refund shall be calculated as set forth below in Section 10 below;
j. The Government Party shall have the right to demand the Company to
immediately refund the base rent expenses paid by RIFA under Section 5(e) above; however, if
the Event of Default is based on the Company’s failure to make the Capital Investment and/or to
create and Maintain New Jobs as required in this Agreement, where the Company initiated
substantial action toward construction of and operations in the Phase II Production Facility as set
forth in Section 5(e) above, the amount of the refund shall be calculated as set forth below in
Section 10 below;
k. Upon giving written notice to the Company, the Government Party shall have the
right, but not the obligation, to offset any amounts owed by the Government Party against
amounts owed or claimed to be owed by the Company; and/or
l. The Government Party may pursue any and all other remedies available to it
under this Agreement, any one or more of the Recruitment Documents or applicable law.
Notwithstanding anything to the contrary contained herein, if the Company repays RIFA
all amounts due under Section 10 below in full, any Event of Default due to the Company’s
failure to make Capital Investment and/or to create and Maintain New Jobs (but due to no other
default) shall be deemed cured for the purposes of this Agreement and all other Recruitment
Documents and, in such instance, no Government Party shall have the right to exercise its default
rights under this Agreement or any of the other Recruitment Documents.
12.b.a
Packet Pg. 163 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
17
Section 10. - Repayment of Grants for Failure to make the Capital Investment and/or to
create and Maintain New Jobs. In the event the Company fails to make the Capital Investment
and/or to create and Maintain New Jobs as required under this Agreement and such failure
constitutes an Event of Default, the Company shall repay to RIFA portions of certain grants as
follows:
a. Failure to make the Capital Investment. In the event the Company fails to make
the Capital Investment as required under this Agreement and such failure constitutes an Event of
Default, the Company shall repay to RIFA an amount equal to the sum of the following:
i. Repayment of a portion of the Commonwealth Opportunity Fund Grant.
An amount equal to fifty percent (50%) of the total amount of the
Commonwealth Opportunity Fund Grant actually disbursed as of the
Performance Date, minus the following calculation: an amount equal to
the Capital Investment actually made by the Company as of the
Performance Date multiplied by a fraction, (A) the numerator of which is
fifty percent (50%) of the total amount of the Commonwealth Opportunity
Fund Grant actually disbursed as of the Performance Date, and (B) the
denominator of which is Five Million Eight Hundred Thousand Five
Hundred and 00/100 Dollars ($5,800,500.00); plus
ii. Repayment of a portion of the Tobacco Region Opportunity Fund Grant.
An amount equal to fifty percent (50%) of the total amount of the Tobacco
Region Opportunity Fund Grant actually disbursed as of the Performance
Date, minus the following calculation: an amount equal to the Capital
Investment actually made by the Company as of the Performance Date
multiplied by a fraction, (A) the numerator of which is fifty percent (50%)
of the total amount of the Tobacco Region Opportunity Fund Grant
actually disbursed as of the Performance Date, and (B) the denominator of
which is Five Million Eight Hundred Thousand Five Hundred and 00/100
Dollars ($5,800,500.00); plus
iii. Repayment of a portion of Danville-Pittsylvania County Industrial
Enhancement Grant. An amount equal to fifty percent (50%) of the total
amount of the Danville-Pittsylvania County Industrial Enhancement Grant
actually disbursed as of the Performance Date, minus the following
calculation: an amount equal to the Capital Investment actually made by
the Company as of the Performance Date multiplied by a fraction, (A) the
numerator of which is fifty percent (50%) of the total amount of the
Danville-Pittsylvania County Industrial Enhancement Grant actually
disbursed as of the Performance Date, and (B) the denominator of which is
Five Million Eight Hundred Thousand Five Hundred and 00/100 Dollars
($5,800,500.00); plus
12.b.a
Packet Pg. 164 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
18
iv. Repayment of a portion of the Residential Housing Expenses Reimbursed.
Only if the Company made Capital Investment of less than Three Hundred
Twenty Two Thousand Two Hundred Fifty and 00/100 Dollars
($322,250.00) to or for the construction and/or operation of the Phase II
Production facility and/or purchase of equipment to be installed and
operated therein, an amount equal to fifty percent (50%) of the total
amount of the reimbursement amount actually paid to or for the Company
as of the Performance Date, minus the following calculation: an amount
equal to the Capital Investment actually made by the Company as of the
Performance Date (or as of the date of the Event of Default, as the case
may be) multiplied by a fraction, (A) the numerator of which is fifty
percent (50%) of the total amount of the reimbursement amount actually
paid to or for the Company as of the Performance Date (or as of the date
of the Event of Default as the case may be), and (B) the denominator of
which is Five Million Eight Hundred Thousand Five Hundred and 00/100
Dollars ($5,800,500.00); plus
v. Repayment of a portion of the Base Rent for the Lease for the Phase I
Start-Up Center. Only if the Company failed to initiate substantial action
toward construction of and operations in the Phase II Production Facility
as set forth in Section 5(e) above, an amount equal to fifty percent (50%)
of the total amount of the base rent actually paid to IALR as of the date of
the Event of the Default, minus the following calculation: an amount
equal to the Capital Investment actually made by the Company as of the
Performance Date multiplied by a fraction, (A) the numerator of which is
fifty percent (50%) of the total amount of base rent actually paid to IALR
as of the date of the Event of Default, and (B) the denominator of which is
Five Million Eight Hundred Thousand Five Hundred and 00/100 Dollars
($5,800,500.00).
Repayment of the residential housing expenses reimbursement received by RIFA under Section
10(a)(iv) above shall be forwarded to the City.
b. Failure to Create and Maintain New Jobs. In the event the Company fails to
create and Maintain New Jobs as required under this Agreement and such failure constitutes an
Event of Default, the Company shall repay to RIFA an amount equal to the sum of the following:
i. Repayment of a portion of the Commonwealth Opportunity Fund Grant.
An amount equal to fifty percent (50%) of the total amount of the
Commonwealth Opportunity Fund Grant actually disbursed as of the
Performance Date, minus the following calculation: an amount equal to
the New Jobs actually Maintained by the Company as of Performance
Date multiplied by a fraction, (A) the numerator of which is fifty percent
12.b.a
Packet Pg. 165 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
19
(50%) of the total amount of the Commonwealth Opportunity Fund Grant
actually disbursed as of the Performance Date, and (B) the denominator of
which is forty (40) New Jobs; plus
ii. Repayment of a portion of the Tobacco Region Opportunity Fund Grant.
An amount equal to fifty percent (50%) of the total amount of the Tobacco
Region Opportunity Fund Grant actually disbursed as of the Performance
Date, minus the following calculation: an amount equal to the New Jobs
actually Maintained by the Company as of Performance Date multiplied
by a fraction, (A) the numerator of which is fifty percent (50%) of the total
amount of the Tobacco Region Opportunity Fund Grant actually disbursed
as of the Performance Date, and (B) the denominator of which is forty (40)
New Jobs; plus
iii. Repayment of a portion of Danville-Pittsylvania County Industrial
Enhancement Grant. An amount equal to fifty percent (50%) of the total
amount of the Danville-Pittsylvania County Industrial Enhancement Grant
actually disbursed as of the Performance Date, minus the following
calculation: an amount equal to the New Jobs actually Maintained by the
Company as of Performance Date multiplied by a fraction, (A) the
numerator of which is fifty percent (50%) of the total amount of the
Danville-Pittsylvania County Industrial Enhancement Grant actually
disbursed as of the Performance Date, and (B) the denominator of which is
forty (40) New Jobs; plus
iv. Repayment of a portion of the Residential Housing Expenses Reimbursed.
Only if the Company made Capital Investment of less than Three Hundred
Twenty Two Thousand Two Hundred Fifty and 00/100 Dollars
($322,250.00) to or for the construction and/or operation of the Phase II
Production facility and/or purchase of equipment to be installed and
operated therein, an amount equal to fifty percent (50%) of the total
amount of the reimbursement amount actually paid to or for the Company
as of the Performance Date, minus the following calculation: an amount
equal to the New Jobs actually Maintained by the Company as of the
Performance Date multiplied by a fraction, (A) the numerator of which is
fifty percent (50%) of the total amount of base rent actually paid to or for
the Company as of the date of the Event of Default, and (B) the
denominator of which is forty (40) New Jobs; plus
v. Repayment of a portion of the Base Rent for the Lease for the Phase I
Start-Up Center. Only if the Company failed to initiate substantial action
toward construction of and operations in the Phase II Production Facility
as set forth in Section 5(e) above, an amount equal to fifty percent (50%)
of the total amount of the base rent actually paid to IALR as of the date of
12.b.a
Packet Pg. 166 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
20
the Event of the Default, minus the following calculation: an amount
equal to the New Jobs actually Maintained by the Company as of the
Performance Date multiplied by a fraction, (A) the numerator of which is
fifty percent (50%) of the total amount of base rent actually paid to IALR
as of the date of the Event of Default, and (B) the denominator of which is
forty (40) New Jobs.
Repayment of the residential housing expenses reimbursement received by RIFA under Section
10(b)(iv) above shall be forwarded to the City.
c. The Company shall pay the sums described in this Section 10 no later than sixty
(60) days after the date on which the Company is given written notice of such Event(s) of
Default described in this Section.
d. Notwithstanding the above or anything herein to the contrary, in the event (i) the
Company and RIFA are unable to find a willing and able third party developer to finance Phase
II, (ii) the City IDA, County IDA and the Company are unable to finance Phase II after diligently
pursuing any and all reasonable options for financing, and (iii) the Company is not then in
default of its capital investment and/or job creation obligations during the Phase I Performance
Period, any funds received by Company for its capital investment and job creation to date shall
not be subject to recapture/reimbursement. Further, such failure to obtain financing for Phase II
shall not be an “Event of Default” hereunder.
Section 11. - Audit and Guideline Requirements. Upon reasonable prior written
request, the Company shall allow each of the City's Economic Development Director, the
County's Economic Development Director and the RIFA Treasurer (or his respective designees)
reasonable access during regular business hours to all records pertaining to the Company's
employment and investment at the Phase I Start-Up Center and the Phase II Production Facility,
and the Company shall cooperate with RIFA in any audit of such records by furnishing all
information necessary to verify the Company's performance under this Agreement. In return,
each of RIFA, the City, the City IDA and the County IDA agrees to maintain the confidentiality
of any and all proprietary, confidential and/or sensitive information, including without limitation
personal payroll earnings or similar information that those Government Parties or its designees
may receive or access.
Section 12. - Force Majeure. Notwithstanding the foregoing, if the Company does not
meet the New Job and Capital Investments requirements because of an Event of Force Majeure,
the Phase I Performance Date and/or the Performance Date (as the case may be) will be extended
day-for-day by the delay in meeting the targets caused by the Event of Force Majeure.
Section 13. - Subject to Annual Appropriations. As provided under Virginia law, the
obligations of the Government Parties to pay the cost of performing its obligations under this
Agreement are subject to and dependent upon annual appropriations being made from time to
time by the governing body of such Government Party, for such purpose.
12.b.a
Packet Pg. 167 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
21
Section 14. - Non-waiver. No waiver of any term or condition of this Agreement by
any party shall be deemed a continuing or further waiver of the same term or condition or a
waiver of any other term or condition of this Agreement.
Section 15. - Attorneys' Fees. Each of the parties shall be solely responsible for their
respective attorneys' fees in the negotiating, drafting, and execution of this Agreement and any of
the transactions contemplated hereby.
Section 16. - Other Documents. The parties agree that they shall execute, acknowledge,
and deliver all such further documents as may be reasonably required to carry out and
consummate the transactions contemplated by this Agreement.
Section 17. - Default. In the event that a party to this Agreement incurs attorneys' fees
and/or costs in pursuing or defending an alleged breach of this Agreement, the non-prevailing
party, in addition to any other remedy, shall be responsible for the reasonable attorneys' fees and
costs incurred by the prevailing party. The parties retain all rights at law and in equity to
enforce the provisions of this Agreement in accordance with applicable law.
Section 18. - Entire Agreement. This Agreement and the schedule hereto contain the
entire agreement and understanding of the parties to this Agreement with respect to the
transactions contemplated hereby; and this Agreement and the schedule hereto supersede all
prior understandings and agreements of the parties with respect to the subject matter hereof.
Section 19. - Headings. The descriptive headings in this Agreement are inserted for
convenience only and do not constitute a part of this Agreement.
Section 20. - Notices. Any notice required or contemplated to be given to any of the
parties by any other party shall be in writing and shall be given by hand delivery, certified or
registered United States mail, or a private courier service which provides evidence of receipt as
part of its service, as follows:
If to RIFA:
Danville-Pittsylvania Regional
Industrial Facility Authority
Attn.: Susan M. DeMasi, Authority Secretary
427 Patton Street
P.O. Box 3300 (zip code 24543)
Danville, VA 24541
With a copy to:
Michael C. Guanzon, Esq.
Christian & Barton, LLP
909 E. Main St., Suite 1200
Richmond, VA 23219-3095
12.b.a
Packet Pg. 168 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
22
If to the City or the City IDA:
Attn.: Corrie T. Bobe
Director of Economic Development
427 Patton Street
P.O. Box 3300 (zip code 24543)
Danville, VA 24541
With a copy to:
W. Clarke Whitfield, Jr., Esq.
City Attorney
427 Patton Street, Room 421
P.O. Box 3300 (zip code 24543)
Danville, VA 24541
If to the County or the County IDA:
Attn.: Matthew D. Rowe
Director of Economic Development
1 Center Street
P.O. Box 426
Chatham, VA 24531
With a copy to:
J. Vaden Hunt, Esq.
County Attorney
1 Center Street
P.O. Box 426
Chatham, VA 24531
If to the Company:
Making Everything Possible, LLC
Attn.: Philip I. Hart, President
Unit BB, St. Michaels Close
The Forstal Estate
Aylesford, Kent ME20 7BU
England, U.K.
With a copy to:
Woods Rogers PLC
Attn.: Autumn R. Visser, Esq.
10 S. Jefferson St., Suite 1800
Roanoke, VA 24011
Any party may change the address to which notices hereunder are to be sent to it by giving
written notice of such change in the manner provided herein. A notice given hereunder shall be
deemed given on the date of hand delivery, deposit with the United States Postal Service
properly addressed and postage prepaid, or delivery to a courier service properly addressed with
all charges prepaid, as appropriate. Copies as set forth in this Section are provided as a courtesy
and shall not be required to effectuate notice as provided herein.
Section 21. - Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia. The parties hereby submit to the
exclusive jurisdiction of the state court located in Danville, Virginia, or the U.S. District Court
for the Western District of Virginia (Danville Division), in any action or proceeding arising out
of, or related to this Agreement, and the parties hereby agree that all claims in respect of any
action or proceeding shall be heard or determined only in either of these courts. The parties
agree that a final judgment in any action or proceeding shall, to the extent permitted by
applicable law, be conclusive and may be enforced in other jurisdictions by suit on the judgment,
or in any other manner provided by applicable law related to the enforcement of judgments. If
any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as
12.b.a
Packet Pg. 169 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
23
if drafted jointly by the parties and no presumptions or burden of proof shall arise favoring or
disfavoring any party by virtue of authorship of any of the provisions of this Agreement.
Section 22. - Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, assigns, and legal representatives.
Section 23. - Amendment, Modification and/or Supplement. The parties may amend,
modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties,
provided such amendments, modifications, and/or supplement are reduced to writing and signed
by the parties or their successors in interest.
Section 24. - Gender and Number. Throughout this Agreement, wherever the context
requires or permits, the neuter gender shall be deemed to include the masculine and feminine,
and the singular number to include the plural, and vice versa.
Section 25. - Counterparts. This Agreement may be executed in one (1) or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same Agreement. This Agreement may be delivered by portable document format
(*.pdf) and upon such delivery, the .pdf signature shall be deemed to have the same effect as if
the original signature had been delivered to the other party or parties.
Section 26. - Severability. The invalidity or unenforceability of any particular provision
of this Agreement shall not affect the other provisions hereof, and this Agreement shall be
construed in all respects as if such invalid or unenforceable provisions were omitted.
Section 27. - Survival. Any termination, cancellation or expiration of this Agreement
notwithstanding, provisions which are by their terms intended to survive and continue shall so
survive and continue.
Section 28. - No Third-Party Beneficiaries. Nothing in this Agreement is intended, nor
will be deemed, to confer any rights or remedies upon any person or legal entity not a party to
this Agreement.
[SIGNATURES ARE ON FOLLOWING PAGES.]
12.b.a
Packet Pg. 170 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
24
WITNESS our signature and seal to this LOCAL PERFORMANCE AGREEMENT
as of the date first above written:
DANVILLE-PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY, a
political subdivision of the Commonwealth of
Virginia
By: _______________________________
Sherman M. Saunders, Chairman
(SEAL)
ATTEST:
______________________________
Susan M. DeMasi
Corporate Secretary
Danville-Pittsylvania Regional Industrial Facility Authority
COMMONWEALTH OF VIRGINIA, AT LARGE
CITY/COUNTY OF _______________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________ 2021, by SHERMAN M. SAUNDERS, in his capacity as Chairman of
DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a
political subdivision of the Commonwealth of Virginia, on behalf of such entity.
My commission expires: ________________________________.
________________________________________
Notary Public
Registration No. ____________________
12.b.a
Packet Pg. 171 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
25
WITNESS our signature and seal to this LOCAL PERFORMANCE AGREEMENT
as of the date first above written:
CITY OF DANVILLE, VIRGINIA, a Virginia
municipal corporation
By: _______________________________
Kenneth F. Larking
City Manager
(SEAL)
ATTEST:
______________________________
Susan M. DeMasi
City Clerk
City of Danville, Virginia
COMMONWEALTH OF VIRGINIA, AT LARGE
CITY/COUNTY OF _______________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________ 2021, by KENNETH F. LARKING, in his capacity as City Manager of
CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation, on behalf of such entity.
My commission expires: ________________________________.
________________________________________
Notary Public
Registration No. ____________________
12.b.a
Packet Pg. 172 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
26
WITNESS our signature and seal to this LOCAL PERFORMANCE AGREEMENT
as of the date first above written:
INDUSTRIAL DEVELOPMENT AUTHORITY
OF DANVILLE, VIRGINIA, a political
subdivision of the Commonwealth of Virginia
By: _______________________________
T. Neal Morris
Chairman
(SEAL)
ATTEST:
______________________________
Susan M. DeMasi
City Clerk
City of Danville, Virginia
COMMONWEALTH OF VIRGINIA, AT LARGE
CITY/COUNTY OF _______________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________ 2021, by T. NEAL MORRIS, in his capacity as Chairman of INDUSTRIAL
DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, on behalf of such entity.
My commission expires: ________________________________.
________________________________________
Notary Public
Registration No. ____________________
12.b.a
Packet Pg. 173 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
WITNESS our signature and seal to this LOCAL PERFORMANCE AGREEMENT
as of the date first above written:
INDUSTRIAL DEVELOPMENT AUTHORITY
OF PITTSYLVANIA COUNTY, VIRGINIA, a
political subdivision of the Commonwealth of
Virginia
By: _______________________________
Joey Faucette
Chairman
(SEAL)
ATTEST:
______________________________
Matthew Rowe
Secretary
Industrial Development Authority of Pittsylvania County, Virginia
COMMONWEALTH OF VIRGINIA, AT LARGE
CITY/COUNTY OF _______________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________ 2021, by JOEY FAUCETTE, in his capacity as Chairman of
INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY,
VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity.
My commission expires: ________________________________.
________________________________________
Notary Public
Registration No. ____________________
12.b.a
Packet Pg. 174 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
WITNESS our signature and seal to this LOCAL PERFORMANCE AGREEMENT
as of the date first above written:
COUNTY OF PITTSYLVANIA, VIRGINIA, a
political subdivision of the Commonwealth of
Virginia
By: _______________________________
Robert W. Warren, Chairman
Board of Supervisors
(SEAL)
ATTEST:
______________________________
David M. Smitherman
Clerk
Pittsylvania County Board of Supervisors
COMMONWEALTH OF VIRGINIA, AT LARGE
CITY/COUNTY OF _______________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________ 2021, by ROBERT W. WARREN, in his capacity as Chairman of the Board
of Supervisors of COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, on behalf of such entity.
My commission expires: ________________________________.
________________________________________
Notary Public
Registration No. ____________________
12.b.a
Packet Pg. 175 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
WITNESS our signature and seal to this LOCAL PERFORMANCE AGREEMENT
as of the date first above written:
MAKING EVERYTHING POSSIBLE, LLC, a
Virginia limited liability company
By: _________________________________
Philip I. Hart, President
(SEAL)
UNITED KINGDOM
TOWN/CITY OF _______________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________ 2021, by PHILIP I. HART, in his capacity as President of MAKING
EVERYTHING POSSIBLE, LLC, a Virginia limited liability company, on behalf of such
entity.
My commission expires: ________________________________.
________________________________________
Notary Public
[ OR ]
COMMONWEALTH OF VIRGINIA, AT LARGE
CITY/COUNTY OF _______________________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of
_______________ 2021, by PHILIP I. HART, in his capacity as President of MAKING
EVERYTHING POSSIBLE, LLC, a Virginia limited liability company, on behalf of such
entity.
My commission expires: ________________________________.
________________________________________
Notary Public
Registration No. ____________________
12.b.a
Packet Pg. 176 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
List of Schedules
1(e) - Summary of Incentives
12.b.a
Packet Pg. 177 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))
Schedule 1(e)
(Summary of Incentives)
Cash Incentives* Value or Max.
Value
Commonwealth Opportunity Fund Grant (§5(a)(i)) $135,000.00
Tobacco Region Opportunity Fund Grant (§5(a)(ii)) $270,000.00
TROF Loan – Interest Free (§5(a)(iii) $270,000.00
Virginia State Enterprise Zone Grant – job creation (§5(a)(iv)) $100,000.00
Virginia State Enterprise Zone Grant – real property improvements
(§5(a)(iv))
$100,000.00
Virginia Jobs Investment Program Grant (§5(a)(v)) $14,400.00
Danville-Pittsylvania County Industrial Enhancement Grant (§5(b)) $250,000.00
Danville-Pittsylvania County Enterprise Zone Grant (§5(c)) $80,000.00
Subtotal $1,219,400.00
Real Property Incentives Value or Max.
Value
Land (§3(c)) $500,000.00
Reimbursement of Residential Housing Expenses (§5(d)) $17,500.00
Base Rent for the Lease for the Phase I Start-Up Center (§5(e)) $75,000.00
Subtotal $592,500.00
Subtotal of Cash Incentives $1,219,400.00
Subtotal of Real Property Incentives $592,500.00
TOTAL INCENTIVES $1,811,900.00
*Any and all advances of cash incentives are to be secured by irrevocable letter of credit or
other collateral provided by the Company and acceptable to RIFA, in the event that the
Company does not meet the performance metrics or other requirements for such cash incentives.
12.b.a
Packet Pg. 178 Attachment: 2020 MEP - LPA MEP - fnal (2634 : MEP, Ltd. Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe))