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02-15-2022 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, February 15, 2022 – 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. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. January Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Resolution # 2022-02-01 (Shula Drive/U.S. 29 Intersection Safety Plan Scope Reduction) Adoption (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2022-02-02 (Board's Inclement Weather Policy Approval) Adoption (Staff Contact: Kaylyn M. McCluster) e. Parks and Recreation Seniors' Pickleball Fee Waiver Policy Approval (Staff Contact: Justin G. Price) f. CPMT Attendance Report Acceptance (Staff Contact: Cheryl J. Boswell) g. Amended Resolution # 2022-01-03 (School Sales Tax Referendum Petition Approval) Adoption (Staff Contact: J. Vaden Hunt, Esq.) h. Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der Hyde) i. WIB-RSVP Grant Appropriation Approval (Staff Contact: Kimberly G. Van Der Hyde) Business Meeting - February 15, 2022 j. CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks) k. Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: Richard N. Hicks) l. Board of Building Code Appeals Appointments (Staff Contact: Emily S. Ragsdale) m. Board of Building Code Appeals Fee Approval (Staff Contact: Emily S. Ragsdale) n. Resolution # 2022-02-04; Waiver of the Requirement that Solar Facilities be Reviewed for Substantial in Accord with the County's Comprehensive Plan Per Virginia Code § 15.2-2232(H)(iii); (Staff Contact: Emily S. Ragsdale) o. Staunton River Plastics, LLC, Material Escalation Moral Obligation Agreement with Small Business Financing Authority Approval) (Staff Contact: Matthew D. Rowe) p. Appointment: Ratification of TLAC's Election of its Leesville Lake Associate Representative (Dave Rives); (Staff Contact: Kaylyn M. McCluster) 8. PRESENTATIONS a. Pittsylvania County Community Action Annual Report Presentation (Presenter: Everlena Ross) 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS Business Meeting - February 15, 2022 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-22-001; Garnette Short; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Dudley) Case 2: Public Hearing: Case R-22-002; Christopher Meadows; Rezoning from MHP, Residential Manufactured Housing Park, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted(Supervisor Chesher) Case 3: Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; The Planning Commission recommended, by a 8-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Barksdale) 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: County Public Safety Ordinance Revisions (PCC Section 11-2); (Chairman Ingram) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Amendment to BOS Bylaws to Include Code of Ethics/Model of Excellence (Chairman Ingram) 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS Business Meeting - February 15, 2022 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 15, 2022 Item Number: 7.a Attachment(s): 01-18-2022 Work Session - DRAFT 01-18-2022 Business Meeting - DRAFT 02-01-2022 Joint Meeting with School Board - DRAFT Reviewed By: SUMMARY: For the Board’s review and consideration, attached are the following Board Meeting Minutes: (1) 01/18/2021 Work Session; (2) 01/18/2021 Business Meeting; and (3) 02/01/2022 Joint Meeting with School Board. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt the Board Meeting Minutes as attached and presented. MOTION: “I make a Motion to adopt the Board Meeting Minutes as attached and presented.” 7.a Packet Pg. 5 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION January 18, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Work Session was held on January 18, 2022, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531. CALL TO ORDER (3:30 PM) Ingram called the Meeting to order at 3:30 PM. The following Board Members were present: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 3:06 PM Jessie L. Barksdale Vice Chairman - Banister District Present 3:08 PM Tim Chesher Supervisor - Dan River District Present 3:09 PM Darrell Dalton Supervisor - Callands-Gretna District Present 3:35 PM Timothy W. Dudley Supervisor - Staunton River District Present 3:03 PM Ronald S. Scearce Supervisor - Westover District Absent Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 3:30 PM AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dudley, Warren ABSENT: Dalton, Scearce PRESENTATIONS a. 2022 VATI Broadband Grant Update (Staff Contact: Dave F. Arnold); (Rob Taylor/Greg Coltrane; RiverStreet); (30 minutes) Rob Taylor, RiverStreet Networks, presented the Board an update on the VATI Broadband Grant. His presentation can be found on the County's website at www.pittsylvaniacountyva.gov. He stated the lead times have increased significantly. Taylor also stated that other things must be completed before the first fiber can be placed in the ground. The Board’s concern was that this will be a compounding effect on the thirty-six (36) month timeline. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS None. BUSINESS MEETING DISCUSSION ITEMS 7.a.a Packet Pg. 6 Attachment: 01-18-2022 Work Session - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Work Session None. CLOSED SESSION Motion to enter Closed Session. RESULT: ADOPTED [UNANIMOUS] MOVER: Chesher SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Warren ABSENT: Scearce 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. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Project Aqua Letter of Intent Purpose: Legal Review/Consultation Regarding the Same (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Reassessment Next Steps Purpose: Legal Review/Consultation Regarding the Same (3) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Former County Administrator Severance Purpose: Legal Review/Consultation Regarding the Same b. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: Interim County Administrator Purpose: Discussion of Potential Hire of the Same and Related Services RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:49 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors (“Board”) on January 18, 2022, the Board hereby certifies by a recorded vote that to the best of 7.a.a Packet Pg. 7 Attachment: 01-18-2022 Work Session - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Work Session 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 Timothy W. Chesher Yes Darrell W. Dalton Yes Robert (“Bob”) W. Warren Yes Jessie L. Barksdale Yes William V. (“Vic”) Ingram Yes ADJOURNMENT Ingram adjourned the Meeting at 6:51 PM. 7.a.a Packet Pg. 8 Attachment: 01-18-2022 Work Session - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING January 18, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on January 18, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. CALL TO ORDER (7:00 PM) Ingram called the Meeting to order at 7:00 PM. Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 6:53 PM Jessie L. Barksdale Vice Chairman - Banister District Present 6:53 PM Tim Chesher Supervisor - Dan River District Present 6:54 PM Darrell Dalton Supervisor - Callands-Gretna District Present 6:53 PM Timothy W. Dudley Supervisor - Staunton River District Absent Ronald S. Scearce Supervisor - Westover District Present 6:55 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:52 PM AGENDA ITEMS TO BE ADDED Motion to add the following item under Matters from Work Session: -Potential execution of the Interim County Administrator contract with the Berkley Group APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [5 TO 1] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Warren NAYS: Scearce ABSENT: Dudley CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. December Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) 7.a.b Packet Pg. 9 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting c. Minimum Wage Adjustment-Grades 107-108 Approval Ratification (Staff Contact: Kimberly Van Der Hyde) d. Courthouse Maintenance Appropriation (Staff Contact: Kimberly Van Der Hyde) e. Mid-Year Budget Appropriations (Staff Contact: Kimberly Van Der Hyde) f. SCC Properties Tax Refund Approval (3); (Honorable Robin Goard) g. Reappointment: Planning Commission (Dan River District); (Brian Horne); (Supervisor Chesher) h. Reappointment: TLAC Citizen Representative (Emily S. Ragsdale); (Supervisor Dalton) ITEMS REMOVED FROM CONSENT AGENDA None. PRESENTATIONS a. 1% School's Sales Tax Presentation (Dr. Mark Jones, Pittsylvania County Schools) Dr. Mark Jones updated the Board on the 1% school's sales tax referendum. They requested the Board adopt a Resolution in support of this being placed back on the ballot again this year. The total renovation costs for the Career and Technical Center and the Elementary Schools within the County is $44,662,756. Some other funding sources include solar power projects, performance contract, and the CARES Act money. Dr. Martha Walker also spoke and asked the Board to mention this topic monthly at the Board Meetings. HEARING OF THE CITIZENS Alan Casper, Banister District, welcomed the new Board Members and stated he is looking forward to the coming year and he thanked the Board for the support the Fire and Rescue community has received. He stated his concern for some Members continuing to belittle agencies, and he stated he has the privilege to volunteer at two (2) agencies and both are equally important at getting the job done. He doesn't appreciate when his fellow volunteers are treated with disrespect by someone on the Board. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Dalton) In Case R-21-033, Kathy Yeatts and Garland Bennett (“Petitioners”) have petitioned to rezone 46.24 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for agricultural uses). The subject property is located on State Road 935/Farmers Mountain Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN # 2521-12-9800. Once the property is rezoned to A-1, all uses listed under Pittsylvania County 7.a.b Packet Pg. 10 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting Code § 35-178 are permitted. On December 7, 2021, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioners’ request be granted. Ingram opened the Public Hearing at 7:22 PM. Kathy Yeatts was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 7:23 PM. Motion to approve the rezoning of 46.24 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. RESULT: APPROVED [UNANIMOUS] MOVER: Dalton SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley Case 2: Public Hearing: Case R-21-034; Nathan and Kathy Yeatts; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Dalton) In Case R-21-034, Nathan and Kathy Yeatts (“Petitioners”) have petitioned to rezone 9.24 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a second dwelling on the property). The subject property is located on State Road 935/Farmers Mountain Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN # 2521-12-0169. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On December 7, 2021, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioners’ request be granted. Ingram opened the Public Hearing at 7:25 PM. Kathy Yeatts was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 7:26 PM. Motion to approve the rezoning of 9.24 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a second dwelling on the property. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Dalton SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley Case 3: Public Hearing: Case R-21-035; Samuel Breedlove; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Supervisor Ingram) 7.a.b Packet Pg. 11 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting In Case R-21-035, Samuel Breedlove (“Petitioner”) has petitioned to rezone 0.27 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an adjacent parcel zoned R-1). The subject property is located on State Road 624/Gammon Lake Road, in the Tunstall Election District, and shown on the Tax Maps as part of GPIN # 1443-29- 5245. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35- 222 are permitted. On December 7, 2021, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 7:27 PM. Samuel Breedlove was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 7:28 PM. Motion to approve the rezoning of 0.27 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley Case 4: Public Hearing: Case R-21-036; Damon Haskins and April Allen; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Dalton) In Case R-21-036, Damon Haskins and April Allen (“Petitioners”) have petitioned to rezone 2.524 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for agricultural uses). The subject property is located on State Road 800/Burton Lake Road, in the Callands-Gretna Election District and shown on the Tax Maps as part of GPIN # 1487-56-6985. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On December 7, 2021, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioners’ request be granted. Ingram opened the Public Hearing at 7:32 PM. Mr. Haskins and Ms. Allen were present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 7:32 PM. Motion to approve the rezoning of 2.524 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. 7.a.b Packet Pg. 12 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Dalton SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley OTHER PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS a. Resolution # 2022-01-03 (Schools 1% Sales Tax Referendum) Adoption (Staff Contact: J. Vaden Hunt, Esq.) Resolution # 2022-01-03 authorizes County Staff to petition the Pittsylvania County Circuit Court for placement of a Referendum on the November 2022 general election ballot for the County to levy a general retail sales tax at a rate to not exceed one percent (1%) to provide revenue solely for capital projects for the construction or renovation of County Schools in accordance with Virginia Code § 58.1- 605.1. Motion to adopt Resolution # 2022-01-03 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Scearce AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley b. Resolution # 2022-01-04 (Woodroam Waterworks Receivership Support) Adoption (Staff Contact: Chris Adcock) Resolution # 2022-01-04 states that Woodroam Subdivision Waterworks (“WSW”) is a privately owned community waterworks located in Pittsylvania County, Virginia (“County”), consisting of two (2) wells, a steel atmospheric-type storage standpipe, hydro-pneumatic tank, two (2) booster pumps, corrosion control treatment, and distribution system. The Virginia Department of Health (“VDH”), Office of Drinking Water (“ODW”), has identified WSW’s owner as a “potential Serious Violator” under the Environmental Protection Agency’s (“EPA”) Enforcement Response Policy (“ERP”) for numerous violations. WSW’s owner has also been non-compliant in his actions to bring the system into compliance with VDH requirements, has indicated his desire to no longer operate the water system, and has effectively abandoned the system. Accordingly, the ODW, in consultation with the Virginia Attorney General’s Office (“VOAG”), have determined that the best course of action is to transfer all operational responsibilities, including billing and collection of fees, through the process of receivership to the County. The ODW has selected the 7.a.b Packet Pg. 13 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting County to receive $125,000 of American Rescue Plan Act (“ARPA”) funds to rehabilitate/upgrade the WSW in anticipation of the County accepting operational responsibilities and future ownership of the same. Motion to adopt Resolution # 2022-01-04 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Barksdale SECONDER: Scearce AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley c. Fire and Rescue Volunteer Hazard Pay Bonus (Staff Contact: Kimberly Van Der Hyde) Van Der Hyde stated that previously, the Board provided County Fire and Rescue volunteers with an incentive in the amount of $500 for volunteers who received the COVID-19 vaccine. A total of 163 incentives were paid out in December 2021, leaving an unencumbered balance of $68,500 in this line item. Ingram desires to take this balance, along with the balance remaining in the Employee Vaccine and Bonus line and reward those volunteers who answered calls during the COVID Pandemic. Slemp recommends that this bonus only be paid to Fire and Rescue volunteers who have run a total of fifty (50) calls or ten percent (10%) of the total agency call volume for calendar year 2021, whichever is less. Said calls will be verified by each Volunteer Agency Chief and vetted by County Public Safety Staff. Individuals working at multiple agencies will only be eligible for one (1) bonus payment. Those who have received the vaccine incentive would not be eligible for said bonus. Dalton made a Motion, seconded by Chesher, to reallocate ARPA funds in the amount of $168,500 to a new line item entitled “Volunteer Fire and Rescue Hazard Pay Bonus” in the ARPA Fund and pay Fire and Rescue volunteers a $500 bonus if they qualify based on the criteria. Substitute Motion that all volunteers that meet the criteria will get the $500 if they did not receive the vaccine incentive. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren ABSENT: Dudley d. Volunteer Fire and Rescue Departments Audit Policy (Staff Contract: Kim Van Der Hyde) 7.a.b Packet Pg. 14 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting The County’s FY22 Budget Resolution contains language in Section 22, which requires that each Volunteer Fire and Rescue Agency provide the County annual financial reports and/or audits of all available funds. Additionally, on June 16, 2020, the Board voted to require that two (2) Volunteer Fire and Rescue Agencies be randomly selected annually for audits to be performed at the County’s expense. Ingram requests this language be removed from future Budget Resolutions and that random audits no longer be required for County Volunteer Fire and Rescue Agencies. Warren and Scearce shared their opposition to this change and believe it is ultimately about accountability. Motion to eliminate the audit requirements effective immediately, including the two (2) audits that are taking place at the present time. RESULT: APPROVED [4 TO 2] MOVER: Ingram SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton NAYS: Scearce, Warren ABSENT: Dudley e. County Public Safety Ordinance Revisions (Chairman Ingram) Ingram led discussion regarding potential revisions to the County’s Public Safety Ordinance involving the composition of the County’s Fire and Rescue Commission (“FRC”). He stated it is only fair for each Supervisor to appoint one (1) person from their District to serve on the FRC. There would be one (1) representative from each quadrant that is a business leader. Another change would be that no one who sits on the Fire and Rescue Commission could be a part-time or full-time employee of the County. Motion to authorize County Staff to advertise for a Public Hearing for citizen input regarding potential revisions to the Public Safety Ordinance involving the composition of the County’s Fire and Rescue Commission. RESULT: APPROVED [5 TO 1] MOVER: Chesher SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Warren NAYS: Scearce ABSENT: Dudley f. BZA Appointment Recommendation (Supervisor Dalton) Motion to request the County Attorney send a letter to Judge Moreau requesting that she vacate the Order for the BZA appointment and entertain a nomination for a new BZA appointment. 7.a.b Packet Pg. 15 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting Mr. Warren stated that the Board needs to realize that this is not a Board of Supervisors appointment and that the Judge is kind enough to ask if the Board has recommendations. As he mentioned in the Reorganization Meeting, elections have consequences, and this come up before the new Board took office. He wants everyone to realize before the vote is cast, agreeing to this nonsense tonight, is that a Judge, Circuit Court Justice, has determined that the individual met the criteria and qualifications to serve, and has served before, and you are asking her, who we have to work with on the Courthouse and everything else, to vacate an Order. Which means that she will basically say that she was wrong. He stated that he doesn’t think she will entertain petty politics, and we should move on from this. He stated after going back and looking, that there may be some disparity with the current members that are on there now, and when the next opening comes up there probably does need to be someone from the Northern end of the County. But what is being requested tonight is taking someone off from the Northern end of the County, potentially for someone else. He feels that we are going down a slippery slope that can only hurt us and he doesn’t believe the Judge will entertain it. He feels that this is a bad precedence. Mr. Dalton stated that this is one of these things that the new Board should have had a voice in, to send it to the Judge, and that is the reason he is asking for it to be vacated; to give the new Board an opportunity to appoint someone. RESULT: APPROVED [4 TO 2] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton NAYS: Scearce, Warren ABSENT: Dudley MATTERS FROM WORK SESSION (IF ANY) a. Interim County Administrator Contract Motion to approve the agreement between the Berkley Group and the County for non- professional services for the Interim County Administrator with the changes of three (3) months, with the option of three (3) additional months. RESULT: APPROVED [4 TO 2] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton NAYS: Scearce, Warren ABSENT: Dudley BOARD MEMBER REPORTS • Warren requested for everyone to remember the Greg Robinson family as he lost his 7.a.b Packet Pg. 16 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 18, 2022 Business Meeting battle with COVID. He also asked all citizens to remember our County in prayer, County employees, and all Fire and Rescue folks, as they are right in the thick of this pandemic. • Dalton also mentioned the Greg Robinson family and sent thoughts and prayers to them. He thanked Fire and Rescue, especially this last weekend with the storm. He also thanked VDOT and the power companies. • Scearce thanked the people who put a conservative team in Richmond. He stated that he has a lot of anger built up and a lot of anger in his heart for the disservice that was done to Smitherman. He is upset with the people that had prior knowledge, since there was a crowd of people who showed up to see this decision be made. Not paying the severance pay to him is setting the County up to get sued. He stated the honorable thing to do is to pay his severance package and move on. He stated he is upset for the rehiring of Monday, since it’s taken five (5) years to get our financial state back in order. He urged local citizens to get involved with politics. • Chesher stated he appreciates the opportunity to serve and hopes there will be better days ahead. • Barksdale stated it is an honor to serve our people. • Ingram stated there could be a peaceful transfer of power and he urged his fellow Board members to work together and move forward. Everyone can agree to disagree, and they are bigger and better than that. It is an honor to have the new additions to the Board. He stated they are all grown men and they know they work for the citizens. He echoed sentiments regarding Greg Robinson, and that he was an old friend, and one of many victims COVID has taken away from us. He stated he was thankful to County Staff for redoing the seating arrangements and thanked the citizens for coming out. COUNTY ADMINISTRATOR REPORTS Arnold thanked local agencies for their work during this last winter storm. He stated that the County has lost two (2) members of the organization to COVID recently. Terry Whitt passed away on December 25th and Lessia Hairston passed away on December 30th. He asked for everyone to continue to keep their families in thought and prayer. ADJOURNMENT Ingram adjourned the Meeting at 8:19 PM. 7.a.b Packet Pg. 17 Attachment: 01-18-2022 Business Meeting - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS JOINT MEETING WITH PITTSYLVANIA COUNTY SCHOOL BOARD February 1, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Joint Meeting with the Pittsylvania County School Board was held on February 1, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (5:00 PM) Ingram called the Meeting to Order at 5:00 PM. The following Board of Supervisors’ (“BOS”) Members were present: Attendee Name Title Status William V. ("Vic") Ingram Chairman - Tunstall District Present Jessie L. Barksdale Vice Chairman - Banister District Present Tim Chesher Supervisor - Dan River District Remote Darrell Dalton Supervisor - Callands-Gretna District Present Timothy W. Dudley Supervisor - Staunton River District Present Ronald S. Scearce Supervisor - Westover District Present Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present The following School Board Members were present: J. Samuel Burton George V. Henderson Kelly H. Merricks Kevin W. Mills Don C. Moon Calvin D. Doss AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion by Burton, second by Moon, to approve Agenda. Unanimous. RESULT: ADOPTED [UNANIMOUS] AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren NEW BUSINESS a. School Division's Budget Request Presentation (Contact: Dr. Mark Jones) Dr. Jones and Ms. Worley provided the Schools Budget needs to the Board. Pittsylvania County Schools has twenty (20) schools, 1,537 part-time and full-time employees, and 200 buses. They also have the Career and Technical Center, the STAR Program, and the Victory Academy. There are three (3) schools that are recognized as National Blue-Ribbon Schools, and eighteen 7.a.c Packet Pg. 18 Attachment: 02-01-2022 Joint Meeting with School Board - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. Board of Supervisors February 1, 2022 Business Meeting (18) of eighteen (18) schools meeting full accreditation requirements. This makes 100% for PCS, with the State average being 92%. Ms. Worley stated that Governor Northam’s outgoing budget proposal provides an additional $9.2 million in revenues for Pittsylvania County Schools for FY 2023. This proposal also includes an increased LCI of 25.11%, which equates to an additional $394,321.00 in local funding to maintain the Minimum Required Local Effort. The BOS has worked hard over the past few years to begin increasing funding to the Schools above the minimum. It is the School Board’s desire to not fall below this amount. At the current 12.7% above the minimum, PCS ranks 125 out of 132 school divisions in local funding. To maintain this level, the BOS would need to contribute an additional $2,556,641.00 for FY 2023. Over $5.2 million of the additional funding in the Governor’s Budget is designated for specific programs. $4 million of these designated funds are for School Construction and will be used for one-time building maintenance and technology needs. The proposed Budget also includes a 5% salary increase for employees. Their goal is to apply an 8% COLA increase to their Salary Scales. Their new compensation plan was implemented in FY 2017-2018 and they have not been able to place a COLA on the new salary scales since that time. Even though the Division has suffered enrollment loss during the past 2 years, the COVID Pandemic has brought with it new challenges and obligations that continue to require significant funding. Their priorities for FY2023 are as follows: Provide a COLA for all employees, Attendance Clerk for SMES, Provide additional instructional positions, Assistant principal – CES Autism Program, Increase substitute rates to $12/hour, Additional IT Technician, Employee stipends and supplemental pay increase, Routing software for transportation, Annual vehicle replacement (2 trucks, 3 vans), Maintain google enterprise for division, increase for maintenance operating expenses, Asset management software, PowerSchool Online, and GoGuardian Software. These priorities total $6,977,256.00. After the required minimum is met, this request requires an additional $2,607,966.00 in local funding. The complete presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. QUESTIONS / OPEN DISCUSSION Mr. Doss asked the BOS to really look at their requests. He stated there is nothing on the list that isn’t something that isn’t needed to keep the schools running as they should. ADJOURNMENT Ingram adjourned the Meeting at 5:45 PM. 7.a.c Packet Pg. 19 Attachment: 02-01-2022 Joint Meeting with School Board - DRAFT (3022 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: January Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: February 15, 2022 Item Number: 7.b Attachment(s): Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review payments made by the County as oversight of County Fund expenditures. Said January Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=436998&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2022 January Bill List as presented. MOTION: “I make a Motion to approve the County’s 2022 January Bill List as presented.” 7.b Packet Pg. 20 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-02-01 (Shula Drive/U.S. 29 Intersection Safety Plan Scope Reduction) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 15, 2022 Item Number: 7.c Attachment(s): 2022-02-01 Smart Scale Project - Shula Drive Reviewed By: SUMMARY: At the Board’s January 18, 2022, Business Meeting, the Board requested Jay Craddock, of VDOT, to bring another option back to the Board regarding the Smart Scale Project Safety Improvement Plan for the Shula Drive/U.S. Highway 29 intersection (“Project’). For the Board’s review and consideration, Resolution # 2022-02-01 is attached requesting a reduced scope for the Project. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2022-02-01 as attached. MOTION: “I make a Motion to approve Resolution # 2022-02-01 as attached.” 7.c Packet Pg. 21 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-02-01 ______________________________________________________________________________ RESOLUTION SUPPORTING REDUCTION OF SCOPE OF SMART SCALE PROJECT – ROUTE 642/ROUTE 29 INTERSECTION SAFETY IMPROVEMENT ______________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Regular Meeting held on February 15, 2022, the following Amended Resolution was presented and adopted: WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a Resolution be received from the Board requesting the reduced scope for UPC: 115491 – a Route 642 (Shula Drive) and Route 29 intersection safety improvement project; a WHEREAS, the new scope will involve construction of a concrete island in the median crossover to restrict certain turning movements and reduce the number of conflict points in the intersection; and WHEREAS, after considering the impacts to the community and safety for the traveling public in this area, the Board fully endorses the reduced scope and the continued development of this project. NOW, THEREFORE, BE IT HEREBY RESOLVED, that, if the Board subsequently elects to cancel this project, the Board agrees to reimburse the Virginia Department of Transportation (“VDOT”) for the total amount of costs expended by VDOT through the date VDOT is notified of such cancellation. Given under my hand this 15th day of February, 2022. __________________________________________ William (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Clarence C. Monday (Clerk) Pittsylvania County Board of Supervisors Approved as to Form: ___________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 7.c.a Packet Pg. 22 Attachment: 2022-02-01 Smart Scale Project - Shula Drive (3005 : Resolution # 2022-02-01 (Shula Drive/U.S. 29 Intersection Safety Plan) Vote William (“Vic”) Ingram (Chairman) ___ Jessie L. Barksdale (Vice-Chairman) ___ Timothy W. Chesher ___ Darrell W. Dalton ___ Timothy W. Dudley ___ Ronald S. Scearce ___ Robert (“Bob”) W. Warren ___ Ayes __ Nays __ Abstentions __ 7.c.a Packet Pg. 23 Attachment: 2022-02-01 Smart Scale Project - Shula Drive (3005 : Resolution # 2022-02-01 (Shula Drive/U.S. 29 Intersection Safety Plan) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-02-02 (Board's Inclement Weather Policy Approval) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 15, 2022 Item Number: 7.d Attachment(s): 2022-02-02 Inclement Weather Policy Reviewed By: SUMMARY: Virginia Code § 15.2-111 states that “[b]y resolution adopted at a regular meeting, any political subdivision, board of zoning appeals, or other local government board, commission, or authority may fix the day or days to which a regular meeting shall be continued if the chairman, or vice- chairman if the chairman is unable to act, or finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting.” To prevent readvertising for Public Hearings and other potential setbacks, County Staff recommends the Board adopt the attached Resolution # 2022-02-02 stating that if the Chairman acts, finds, and declares that weather or other conditions are such that it is hazardous for members to attend the regularly scheduled Meeting, the Meeting shall be continued to the following Thursday of that week at 4:30 PM for the Work Session and 7:00 PM for the Business Meeting, and all hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2022-02-02 as attached and presented. MOTION: “I make a Motion to adopt Resolution # 2022-02-02 as attached and presented.” 7.d Packet Pg. 24 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-02-02 ______________________________________________________________________________ RESCHEDULING OR CONTINUING MEETINGS FOR INCLEMENT WEATHER OR OTHER HAZARDOUS CONDITIONS ______________________________________________________________________________ VIRGINIA: At the Regular Meeting of the Pittsylvania County Board of Supervisors (“Board”) held on February 15, 2022, the following Resolution was presented and adopted: WHEREAS, Virginia Code § 15.2-111 states that “[b]y resolution adopted at a regular meeting, any political subdivision, board of zoning appeals, or other local government board, commission, or authority may fix the day or days to which a regular meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, or finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting;” and WHEREAS, moreover, per Virginia Code § 15.2-111, “[s]uch findings shall be communicated to the members and the press as promptly as possible;” and WHEREAS, finally, again, per Virginia Code § 15.2-111, “[a]ll hearings and other matters previously advertised shall be conducted at the continued meeting, and no further advertising is required.” NOW, THEREFORE, BET IT HEREBY RESOLVED, that the Board adopts this Resolution stating that if the Chairman acts, finds, and declares that weather or other conditions are such that it is hazardous for members to attend the regularly scheduled Meeting, the Meeting shall be continued to the following Thursday of that week at 4:30 PM for the Work Session and 7:00 PM for the Business Meeting, and all hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required; and BE IT FURTHER RESOLVED, that the Board agrees to follow guidelines as outlined above when rescheduling or continuing meetings due to weather or other hazardous conditions. Given under my hand this 15th day of February, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Clarence C. Monday (Interim County Administrator) Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 25 Attachment: 2022-02-02 Inclement Weather Policy (3002 : Resolution # 2022-02-02 (Board's Inclement Weather Policy Approval) Adoption (Staff Vote William V. (“Vic”) Ingram (Chairman) ___ Jessie L. Barksdale (Vice-Chairman) ___ Timothy W. Chesher ___ Darrell W. Dalton ___ Timothy W. Dudley ___ Ronald S. Scearce ___ Robert (“Bob”) W. Warren ___ Ayes __ Nays __ Abstentions __ 7.d.a Packet Pg. 26 Attachment: 2022-02-02 Inclement Weather Policy (3002 : Resolution # 2022-02-02 (Board's Inclement Weather Policy Approval) Adoption (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Parks and Recreation Seniors' Pickleball Fee Waiver Policy Approval (Staff Contact: Justin G. Price) Staff Contact(s): Justin G. Price Agenda Date: February 15, 2022 Item Number: 7.e Attachment(s): SENIORS PICKLEBALL FEE WAIVER POLICY Reviewed By: SUMMARY: Pickleball is played at the County Community Center (“Facility”) on Wednesday morning and Thursday evening. Traditionally, to defray related equipment costs, the County Parks and Recreation Department has charged $3 dollars per pickleball player. Recently, Chairman Ingram approached about not charging for programs like pickleball for residents 65 and older. For the Board’s review and consideration, said policy is attached. FINANCIAL IMPACT AND FUNDING SOURCE Annual loss of revenue of $2,800 to $3,000. RECOMMENDATION: County Staff recommends the Board adopt the pickleball policy as attached and presented. MOTION: “I make a Motion to adopt the pickleball policy as attached and presented.” 7.e Packet Pg. 27 SENIORS PICKLEBALL FEE WAIVER POLICY Pittsylvania County Parks and Recreation will not charge County residents sixty-five (65) and older for pickleball at the Pittsylvania County Community Center. Said Policy will not apply to programs that have instructors, such as yoga and exercise classes, or to rentals of the Community Center for events. 7.e.a Packet Pg. 28 Attachment: SENIORS PICKLEBALL FEE WAIVER POLICY (3020 : Parks and Recreation Seniors' Pickleball Fee Waiver Policy Approval (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: CPMT Attendance Report Acceptance (Staff Contact: Cheryl J. Boswell) Staff Contact(s): Cheryl J. Boswell Agenda Date: February 15, 2022 Item Number: 7.f Attachment(s): 2021 Calendar Year CPMT attendance record Mike Taylor - CPMT Attendance explanation Reviewed By: SUMMARY: Attached is CPMT’s 2021 Attendance Report. Currently, all CPMT Members are in compliance, with the exception of Sheriff Taylor, who has included a letter stating his reasons for missing the CPMT Meetings. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board accept the 2021 CPMT Attendance Report and Sheriff Taylor’s letter as presented. MOTION: “I make a Motion to accept the 2021 CPMT Attendance Report and Sheriff Taylor’s letter as presented.” 7.f Packet Pg. 29 CPMT Member JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC 1) Parent Representative Amy Edwards (Member as of January 2017 )X PRESENT PRESENT PRESENT X X PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT 2) Pittsylvania County Schools Ann Cassada (Member) (CPMT Chair 07/01/2014 -06/30/2016)PRESENT PRESENT PRESENT PHONE X PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT Robin Haymore (Alternate)X X X X X X X X X X X X 3) Pittsylvania County DSS Christopher Spain(Member as of January 1, 2019)X PRESENT PRESENT PRESENT X PRESENT X PRESENT PRESENT PRESENT PRESENT X Alyse Lindgren (alternate as of 02/01/2021) X X X X X X PRESENT X X X X PRESENT 4) Danville- Pittsylvania Community Services Sandy Stephenson Irby (Member as of July 1, 2017)X PRESENT PRESENT PRESENT PRESENT PRESENT X PRESENT PRESENT PRESENT PRESENT PRESENT Veronica Onsurez-Pannell (Alternate as of November 1, 2019) Sara Craddock became Alternate as of PRESENT X X X X X PRESENT X X X X X 5) Court Services Unit Joyce Green (Member as of June 2015)PRESENT X X PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT PHONE X Dawn Loving (Alternate as of January 25, 2019)X PRESENT PRESENT X X X X X X X X PRESENT 6) Elected Sherriff Mike Taylor (Member)X PHONE PRESENT X X PRESENT X PRESENT X X PRESENT X Matthew Dawson X X X X X X X X X X X X 7) Government Official Ronald Scearce(Member as of January 2017)PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT X PRESENT PRESENT PRESENT PRESENT PRESENT Richard Hicks (Member as of May 2018)PRESENT X PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT X PRESENT PRESENT X 8) Health Department Katherine Waller (Member as of May 2020)X PRESENT PRESENT PRESENT X PRESENT X PRESENT PRESENT PRESENT PRESENT PRESENT Catheryne Walker (Alternate as of February 2018)PRESENT X X X PRESENT X PRESENT X X X X X 9) Private Provider- Arc of Southside Monica Karavanic ( Member as of February 2018)PRESENT PRESENT PRESENT PRESENT PRESENT PRESENT X PRESENT PRESENT PRESENT PRESENT PRESENT David Gusler (Alternate as of February 2020)X X X X X X PRESENT X X X X X CPMT Attendance Record 2021 **CPMT Alternate attendance only required if CPMT Member is not present** Resolution 2014-10-02: "CPMT members shall attend 75% of regularly scheduled meetings unless mitigating circumstances are approved by the Pittsylvania County Board of Supervisors." x = absent 7.f.a Packet Pg. 30 Attachment: 2021 Calendar Year CPMT attendance record (3001 : 2021 CPMT Attendance Report 7.f.b Packet Pg. 31 Attachment: Mike Taylor - CPMT Attendance explanation (3001 : 2021 CPMT Attendance Report Acceptance (Staff Contact: Cheryl J. Boswell)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Amended Resolution # 2022-01-03 (School Sales Tax Referendum Petition Approval) Adoption (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: February 15, 2022 Item Number: 7.g Attachment(s): 2022-01-03 Schools Sales Tax Referendum - AMENDED VERSION Reviewed By: SUMMARY: For the Board’s review and consideration, attached is Amended Resolution # 2022-01-03. At the January 18, 2022, Board Business Meeting a similar Resolution was passed authorizing County Staff to petition the Pittsylvania County Circuit Court for placement of a Referendum on the November 2022 general election ballot for the County to levy a general retail sales tax at a rate to not exceed one percent (1%) to provide revenue solely for capital projects for the construction or renovation of County Schools in accordance with Virginia Code § 58.1-605.1. Due to a clerical error regarding the date of expiration of this potential tax, attached is Amended Resolution # 2022-01-03 fixing the date error. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Amended Resolution #2022-01-03 as attached and presented. MOTION: “I make a Motion to adopt Amended Resolution # 2022-01-03 as attached and presented.” 7.g Packet Pg. 32 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS AMENDED RESOLUTION # 2022-01-03 ______________________________________________________________________________ AMENDED RESOLUTION INITIATING A REFERENDUM TO AUTHORIZE PITTSYLVANIA COUNTY TO LEVY A GENERAL RETAIL SALES TAX AT A RATE TO NOT EXCEED ONE PERCENT (1%) TO PROVIDE REVENUE SOLELY FOR CAPTIAL PROJECTS FOR THE CONSTRUCTION OR RENOVATION OF SCHOOLS IN PITTSYLVANIA COUNTY IN ACCORDANCE WITH VIRGINIA CODE § 58.1- 605.1. ______________________________________________________________________________ VIRGINIA: At the Regular Meeting of the Pittsylvania County Board of Supervisors (“Board”) held on February 15, 2022, the following Amended Resolution was presented and adopted: WHEREAS, the Virginia General Assembly approved HB 1634, which was signed into law by the Governor on March 19, 2019, and which took effect on July 1, 2019, as Chapter 648 of the 2019 Ats of the General Assembly of the Commonwealth of Virginia; and WHEREAS, HB 1634 is codified at Virginia Code § 58.1-605.1 as of July 1, 2019; and WHEREAS, Virginia Code § 58.1-605.1 provides Pittsylvania County, Virginia (“County), with the statutory authority to levy a general retail sales tax at a rate not to exceed one percent (1%) to provide revenue solely for capital projects for the construction or renovation of County schools; and WHEREAS, the County may not levy the general retail sales tax authorized by Virginia Code § 58.1-605.1, unless and until the tax is approved in a referendum within the County held in accordance with Virginia Code § 24-684 and initiated by a resolution of Board; and WHEREAS, Virginia Code § 58.1-605.1 requires that the Resolution authorizing the referendum state, if the capital projects for the construction or renovation of County schools are to be financed by bonds or loans, the date by which those bonds or loans shall be repaid; and WHEREAS, the County will finance the capital projects for the construction or renovation of County schools by bonds or loans, those bonds or loans will have a repayment term of twenty (20) years, and those bonds or loans will be repaid by February 15, 2042; and WHEREAS, the general retail sales tax authorized by Virginia Code § 58.1-605.1 shall expire, if the capital projects for the construction or renovation of County schools are to be financed by bonds or loans, on the date by which such bonds or loans shall be repaid. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Board as follows: 1. The Board hereby authorizes and initiates a referendum within the County in accordance with Virginia Code § 24.2-684 on a ballot question in substantially the following form: 7.g.a Packet Pg. 33 Attachment: 2022-01-03 Schools Sales Tax Referendum - AMENDED VERSION (3003 : Amended Resolution # 2022-01-03 (School Sales Tax “Should Pittsylvania County be authorized to levy a general retail sales tax at a rate not to exceed one percent (1%), provided the revenue from the sales tax shall be used solely for capital projects for the construction or renovation of schools in Pittsylvania County and that the sales tax shall expire by February 15, 2042? [ ] Yes [ ] No” 2. The capital projects for the construction or renovation of County schools will be financed by bonds or loans. Those bonds or loans shall have a repayment term of twenty (20) years and shall be repaid by February 15, 2042. The general retail sales tax, if approved, shall expire on the date by which such bonds or loans shall be repaid. 3. The Board hereby authorizes and directs the County Attorney, County Administrator, and such other appropriate County officers to execute, deliver, and file all required pleadings with the County Circuit Court to initiate the above-referenced referendum to be held in November 2022. 4. The Board further directs the County Attorney, County Administrator, and such other appropriate County officers to execute, deliver, and file all documents, pleadings, petitions, certificates, and instruments, and to take all such further actions as may be necessary, expedient, or desirable in connection with, and that are in conformity with, the purposes, spirit, and intent of this Resolution. Without limiting the foregoing, the County Attorney, County Administrator, and such other appropriate County officers are specifically authorized to modify the ballot question as stated herein as they deem necessary to conform to the requirements of the County Circuit Court, the State Board of Elections, and/or the Local Electoral Board. 5. The recitals in this Resolution are hereby incorporated by reference and are declared to be findings of the Board in connection with its decision to adopt this Resolution. 6. This Resolution shall take effect immediately. Given under my hand this 15th day of February, 2022. __________________________________________ William (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Clarence Monday (Clerk) Pittsylvania County Board of Supervisors 7.g.a Packet Pg. 34 Attachment: 2022-01-03 Schools Sales Tax Referendum - AMENDED VERSION (3003 : Amended Resolution # 2022-01-03 (School Sales Tax Approved as to Form: _________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney Vote William (“Vic”) Ingram (Chairman) ___ Jessie L. Barksdale (Vice-Chairman) ___ Timothy W. Chesher ___ Darrell W. Dalton ___ Timothy W. Dudley ___ Ronald S. Scearce ___ Robert W. (“Bob”) Warren ___ Ayes __ Nays __ Abstentions __ 7.g.a Packet Pg. 35 Attachment: 2022-01-03 Schools Sales Tax Referendum - AMENDED VERSION (3003 : Amended Resolution # 2022-01-03 (School Sales Tax Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: February 15, 2022 Item Number: 7.h Attachment(s): FMA adopted 05-02-1994 REVISED 2_15_22 Reviewed By: SUMMARY: During the County’s Annual Audit, Scott Wickham, CPA, with Robinson, Farmer, Cox and Associates, made a recommendation that the Board revise its Financial Management Policies to incorporate a policy on Federal Grants Administration. County Finance Staff is proposing to include said policy in the attached County Financial Management Policies as Policy XI. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Finance Staff recommends the Board approve the revised Financial Management Policies as attached and presented. MOTION: “I make a Motion to approve the revised Financial Management Policies as attached and presented.” 7.h Packet Pg. 36 FINANCIAL MANAGEMENT POLICIES PITTSYLVANIA COUNTY, VIRGINIA ADOPTED: MAY 2, 1994 REVISED: NOVEMBER 20, 2012 REVISED: JULY 21, 2015 REVISED: SEPTEMBER 18, 2018 REVISED: FEBRUARY 15, 2022 7.h.a Packet Pg. 37 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der TABLE OF CONTENTS POLICY I RESERVES....................................................................................................3-4 POLICY II ANNUAL FISCAL PLAN ............................................................................5-6 POLICY III REVENUES ...................................................................................................7-8 POLICY IV CAPITAL IMPROVEMENT PROGRAM....................................................9 POLICY V DEBT MANAGEMENT ...............................................................................10 POLICY VI CASH MANAGEMENT ...............................................................................11 POLICY VII ACCOUNTING AND FINANCIAL REPORTING .....................................12 POLICY VIII PROCUREMENT ..........................................................................................13 POLICY IX RISK MANAGEMENT.................................................................................14 POLICY X ECONOMIC DEVELOPMENT ....................................................................15 POLICY XI FEDERAL AWARDS ADMINISTRATION………………………………16-30 POLICY XII POLICY REVIEW.........................................................................................31 7.h.a Packet Pg. 38 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 3 Policy I Reserves and Fund Balance Fund balance is the difference between the assets and liabilities reported in a governmental fund. Pittsylvania County’s General Fund balance provides the County with sufficient working capital and some ability to address emergencies without borrowing. The following five fund balance classifications describe the relative strength of the spending constraints placed on the purposes for which the resources can be used: o Nonspendable fund balance – amounts that are not in spendable form (such as inventory and prepaids) or are required to be maintained intact (corpus of a permanent fund); o Restricted fund balance – amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government), through constitutional provisions, or by enabling legislation; o Committed fund balance – amounts constrained to specific purposes by a government itself, using its highest level of decision-making authority; to be reported as committed, amounts cannot be used for any other purpose unless the government takes the same highest level action to remove or change the constraint; o Assigned fund balance – amounts a government intends to use for a specific purpose; intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority; for all funds except the general fund, assigned fund balance is the residual fund balance classification; o Unassigned fund balance – amounts that are available for any purpose; positive amounts are only reported in the general fund. To further provide the stable management of County services, maintain the County’s fiscal integrity, a stable and equitable tax rate and a high credit rating to minimize borrowing costs, the County shall establish the following minimum General Fund Balance elements: o Committed Fund Balance Policy: The Board of Supervisors is the County’s highest level of decision-making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution approved by the Board of Supervisors. The resolution must either be approved or rescinded, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. o Assigned Fund Balance Policy: The Board of Supervisors has authorized the County’s Finance Director as the official authorized to assign fund balance to a specific purpose as approved by this fund balance policy. o An Unassigned General Fund Balance of not less than 20% of the average actual General Fund Expenditures for the preceding three fiscal years to address natural and manmade disasters and to offset budget fluctuations. 7.h.a Packet Pg. 39 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 4 o This General Fund Balance shall not be used to support recurring operating expenditures outside of the current budget year and this shall be done only on the basis of a shortfall in revenues. In the ensuing year the County will increase its General Fund revenues or decrease its expenditures to prevent using this General Fund Balance two years in a row to subsidize General Fund Operations. o Funds in excess of the General Fund Balance “target” at the close of the fiscal year shall be considered to address mid-year request for critical expenditures. o Resource Flow Policy: when fund balance resources are available for a specific purpose in more than one classification, it is the County’s policy to use the most restrictive funds first in the following order: restricted, committed, assigned, and unassigned as they are needed. o In the event the Unassigned General Fund Balance is used to provide for temporary funding of unforeseen emergency needs, the County shall restore the Unassigned General Fund Balance to the minimum level of twenty percent (20%) of the average actual General Fund Expenditures for the preceding three fiscal years within two (2) fiscal years following the fiscal year in which the event occurred. 7.h.a Packet Pg. 40 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 5 Policy II Annual Fiscal Plan The County’s annual operating budget must continue to show fiscal restraint with the objective of providing public services at the lowest possible cost. However, delivering services economically is not sufficient; the quality of service delivery is expected to remain high. Therefore, to receive maximum benefit from the dollars spent, the County must integrate performance measurement and productivity indicators where possible within the annual budget process. Duplication of services and inefficiency in delivery should be eliminated wherever they are identified. The County will fund current expenditures with current revenues and other recurring funding sources such as the projected under expenditure of current budget appropriations. The County will avoid budgetary procedures that balance current expenditures at the expense of meeting future years’ expenses, such as postponing expenditures, accruing future years’ revenues or rolling over short-term debt. If a deficit is subsequently projected during any fiscal year, the County will reduce expenditures or increase revenues to the extent necessary to ensure a balanced budget at the close of the fiscal year. The County shall establish a Contingency Appropriation as part of the annual General Fund budget process not to exceed 1% of the adopted County budget, excluding transfers, to meet unexpected expenditure increases for General Fund supported agencies. Equipment (e.g., vehicles) should be replaced on a cost-effective basis (i.e., whenever they become unsafe or too expensive to maintain). To address this objective, the County will maintain a comprehensive replacement program comprised of a schedule of capital assets to be replaced and the scheduled expenditures by fiscal year. These scheduled expenditures will be programmed into future budget periods to provide a more consistent approach to the replacement of capital assets; thereby contributing to the stability of the County’s tax rate. The amount of annual School Funding as evidenced by the Transfer from the General Fund to the School Operating Fund shall be determined as follows: o Local Tax Revenues Local taxes are used to fund the required transfer to the School Operating Fund. This Calculation shall be based on revenue estimates used in the budget process. o Standards of Quality The County shall meet the “Standards of Quality” (SOQ) requirements, as defined by the Commonwealth of Virginia, as the minimum funding requirements for School use. In order to assist with financial planning decisions, the County will prepare a five year projection of General Fund revenues and expenditures. This projection will use detailed analyses and economic forecasts. These analyses and forecasts will enable the County to focus on the long-range financial impact of proposed program expenditures and future revenue trends that may affect the delivery of services. 7.h.a Packet Pg. 41 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 6 To monitor the status of the current years’ fiscal plan, a formal budget review process shall be implemented. The objectives of this review are twofold: 1. The review shall highlight the expenditure of funds against budget by function and revenue trends. 2. The review shall provide a status report on the major programs and project initiatives contained in the adopted fiscal plan. This report shall be presented at the conclusion of the second, third and fourth quarters of the current fiscal year. The County will continue to annually prepare a budget consistent with the guidelines established by the Government Finance Officers Association under its Distinguished Budget Award Program. In order to receive this award, a governmental unit must publish a budget document that meets rigorous program standards as a policy document, as an operations guide, as a financial plan, and as a communication tool. This award, along with the Certificate of Achievement for Excellence in Financial Reporting, would help Pittsylvania County present a quality financial image. 7.h.a Packet Pg. 42 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 7 Policy III Revenues The County will establish and maintain a diversified and stable revenue base to protect it from short- run fluctuations in any one revenue source. The County will estimate its annual revenues by an objective, analytical process and project revenues for the next five years; updating this projection annually. Each existing and potential revenue source will be re-examined annually as part of this process. Charges for Services: The County will establish all user charges and fees at an appropriate level after recognition of the cost of providing the services. Periodically, the County will recalculate the full costs of activities supported by user fees to identify the impact of inflation and other cost increases. It is recognized that occasionally competing policy objectives will result in user fee levels that recover only a portion of service costs. Intergovernmental Aid: Pittsylvania County should pursue intergovernmental aid for only those programs and activities that address a recognized need and are consistent with the County’s long-range objectives. Any decision to pursue intergovernmental aid should be preceded by the consideration of the following fiscal consideration: 1. Present and future funding requirements; 2. Cost of administering the funds; and 3. Costs associated with special conditions or regulations attached to the grant award. The County should attempt to recover all allowable costs – direct and indirect – associated with the administration and implementation of programs funded through intergovernmental aid. In the case of State and federally mandated programs, the County should attempt to obtain as much funding as possible from the governmental entity requiring that the service be provided. Assessments: Through sound appraisal practices, the County will ensure that real property is assessed every four years and personal property is assessed annually on a fair and equitable basis within standards established by the International Association of Assessing Officers regarding the level of assessment and assessment equity. Real and personal property will be enforced to ensure that the tax burden is shared equitably among all taxpayers. The level of assessment on January 1st will be the legally mandated ratio of 100% of market value. The achievement of the requirement for real estate shall be measured against the Virginia Department of Taxation’s annual study which reports each local government’s assessment to sales ratio. The County’s goal is to achieve an annual assessment to sales ratio of at least 94%, under current real estate market conditions, when January 1st assessment is compared to sales in the succeeding calendar year. A report on assessment ratios shall be submitted annually to the Board of Supervisors by the Commissioner of Revenue. 7.h.a Packet Pg. 43 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 8 Property Tax Collections: The County must continue to strive toward increasing its property tax collection ratio by taking advantage of all available legal enforcement powers (liens on bank accounts, attachment of property, public sale of real property, etc.). The County’s total collections each year of current taxes, delinquent taxes and late penalties should equal the full tax levy for the current year. 7.h.a Packet Pg. 44 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 9 Policy IV Capital Improvement Program The County will adopt an annually updated multi-year capital improvement program that sets forth desired capital improvements and the sources of funding for such improvements. Where general obligation bonds or other types of long-term debt are proposed, their impact on the County’s debt ratios and real property tax rate will be examined. The expenses of operating proposed facilities and any new programs associated with them are vital and will be included in the annual capital budgeting process. The revenues necessary to fund these expenditures are to be estimated and provided as part of the overall financial impact of the capital improvement program. The utilization of this process will result in an orderly approach to meeting capital requirements and a manageable schedule for the payment of debt service and operating costs. A contribution from current revenues to the County’s capital improvement program reduces future debt services requirements and provides a safety margin to protect the County from revenue shortfalls. It shall be the County’s objective to dedicate the required amount of the annual General Fund revenues allocated to the County’s operating budget to fund projects included in the County’s Capital Improvement Plan (CIP). 7.h.a Packet Pg. 45 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 10 Policy V Debt Management Debt ratios must be maintained at the following levels: 1. Outstanding General Fund Debt as a percentage of the estimated market value of all taxable property (real and personal) in the County should not exceed 3%; and 2. Annual debt and lease purchase financing for capital facilities will be used in computing debt ratios for financial planning and reporting purposes. 3. School debt and lease purchase financing for capital facilities will be used in computing debt ratios for financial planning and reporting purposes. 7.h.a Packet Pg. 46 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 11 Policy VI Cash Management Effective cash management is an essential part of good financial management, particularly at a time when rising costs place mounting pressures on local revenues. Maximization of County investment returns on funds not immediately required for County operations can help offset this pressure. The County investment program must meet four criteria which are listed in the order of their importance: 1. Legality, 2. Safety, 3. Liquidity, and 4. Yield The legality and safety of public investments are crucial. To allow for unforeseen expenditures, it must be possible to liquidate investments quickly without loss of principal. Only after these criteria are met should the maximization of investment yield be pursued. Investment performance will be based upon the comparison of the County’s investment yield to the average yield on the 91 day U. S. Treasury Bill; Donoghue’s Money Market Fund Average and the average annual rate of return experienced by other jurisdictions. Within the constraints of normal trade practices, the County should increase the amount of funds available for investment by rapid collection of money owed to the County and decelerated payment of obligations. At all times total cash invested shall at a minimum equal 100% of total book cash balances. A timely report of this information should be prepared by the Treasurer and submitted to the Board of Supervisors on a monthly basis. 7.h.a Packet Pg. 47 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 12 Policy VII Accounting and Financial Reporting The County will comply with generally accepted accounting principles (GAAP) in its accounting and financial reporting system, as contained in the following publications: o Codification of Governmental Accounting and Financial Reporting Standards, issued by the Governmental Accounting Standards Board (GASB). o Governmental Accounting, Auditing, and Financial Reporting (GAAFR), issued by the Governmental finance Officers Association of the United States and Canada. o Uniform Financial Reporting Manual for Virginia Counties and Municipalities, prepared by the Commonwealth of Virginia Auditor of Public Accounts. o Audits of State and Local Governmental Units, an industry audit guide published by the American Institute of Certified Public Accountants. The County will annually prepare its financial report in compliance with the principles and guidelines established by the Government Finance Officers Association’s Certificate of Achievement for Excellence in Financial Reporting Program. The Certificate of Achievement, which is issued for excellence in financial reporting, provides national recognition for jurisdictions that qualify and increases the marketability of their debt offerings. Conformance with the Association’s standards also increases the comparability of the County’s reports to those of other jurisdictions following the same standards. The County’s annual financial statements, federal grant reports, and Uniform Financial Reports will be audited yearly by a qualified, independent public accounting firm. An independent audit provides objective evidence that the County’s financial transactions are properly handled, recorded, and reported. This assurance increases the confidence of third parties (banks, bond-holders, bond rating agencies, etc.) and the general public in the County’s annual financial reports. The County must never resort to unsound fiscal practices to achieve a balanced budget or to provide needed capital improvements. Such things as moving tax payment dates forward to produce one-time “windfalls” or using fund balance for recurring expenditures are examples of such unsound financial practices which must be avoided. 7.h.a Packet Pg. 48 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 13 Policy VIII Procurement The primary objectives of the County’s procurement process center upon economy and efficiency. One objective is to obtain supplies, equipment and services as economically as possible. A second objective is to purchase materials that are best suited to the specific needs of operating departments. Most importantly, needed materials should be available in a timely manner to avoid any interruptions in the delivery of services to the public. To achieve these objectives, five essential components are necessary: 1. Sufficient and competent personnel, 2. Centralized organization, 3. Formal regulations, 4. Standardization and specifications, and 5. Effective operating procedures Finally, the procurement process must guard against fraud, waste, and favoritism in the purchase of goods and services. Additional information regarding procurement procedures can be found the Procurement Policy. 7.h.a Packet Pg. 49 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 14 Policy IX Risk Management Pittsylvania County is to be protected against accidental loss or losses which would significantly affect personnel, property, the budget, or the ability of the County to continue to fulfill its responsibilities to taxpayers and the public. Potentially hazardous situations, practices, and conditions will continue to be evaluated and where feasible and cost effective, reduced or eliminated. Since 1992, the County has been self-insured with respect to certain insurance programs. The County must therefore maintain actuarially sound insurance reserves that will indemnify the County and its employees against potential loss. The maintenance of an actuarially determined self-insurance fund serves to further enhance the professional financial management image of the County. 7.h.a Packet Pg. 50 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 15 Policy X Economic Development Pittsylvania County shall continue to expand and diversify its economic base by attracting industrial and commercial firms to the County. Special emphasis should be given to industrial and commercial enterprises that will employ the local labor force. In addition, the County will continue to utilize a network of public facilities which links planned industrial and commercial areas with its growing residential areas. Further diversification of the County’s tax base through industrial and commercial development will serve to provide employment stability in the area and tend to reduce the tax burden of individual taxpayers. 7.h.a Packet Pg. 51 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der FINANCIAL MANAGEMENT POLICY 16 Policy XI Federal Grants Administration GRANT ADMINISTRATION Pittsylvania County does not have a centralized grants department; therefore, it is the responsibility of each department obtaining a grant to care for and be familiar with all grant documents and requirements. If a grant is Federal, the department should immediately notify the Finance Director for inclusion in the Pittsylvania County’s Single Audit. For the purpose of this policy “Program Director” applies to the individual within a given department who will be responsible for the grant. 1. Grant Development, Application, and Approval – a. Legislative Approval – The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by “an individual authorized by the legislative body”, then Board approval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the department head may, at his or her discretion, approve grant applications. In this case, a copy of the application shall be sent to the County Administrator’s office. If an award is given, a copy of the agreement shall also be furnished to the County Administrator’s office. Electronic copies are preferable. b. Matching Funds – Grants that require cash local matches must be coordinated through the County Administrator’s office. At a minimum, funds must be identified within the existing budget to provide the match, or a budget adjustment will be required. Depending on the nature of the grant, there may also be some policy implications that will bear discussion. (For example, will the grant establish a level of service that cannot be sustained once the grant funds are depleted?) c. Grant Budgets – Most grants require the submission of an expenditure budget. The department head should review this portion of the grant request prior to submission. The Finance Director will need to be contacted regarding personnel projections. 2. Grant Program Implementation – a. Notification and Acceptance of an Award – Official notification of a grant award is typically sent by a funding agency to the program director and/or other official designated in the original grant proposal. However, the authorization to actually spend grant funds is derived from the Board through the approval of a grant budget. This is done with the adoption of the Government-wide operating budget, as the grant budget is a component of such. b. Establishment of Accounts – The department that obtained the grant will provide the Finance office with information needed to establish revenue and expense accounts for the project. Ordinarily, this information will include a copy of a summary of the project and a copy of the full project budget. 7.h.a Packet Pg. 52 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 17 c. Purchasing Guidelines – All other Pittsylvania County purchasing and procurement guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt any purchase from normal purchasing requirements. All typical paperwork, staff approvals, and bidding requirements apply. When in doubt, the Program Director should contact the County Administrator’s office for further assistance. 3. Financial and Budgetary Compliance – a. Monitoring Grant Funds – Departments may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditures and budgetary compliance, however all such financial information will also be maintained in the Pittsylvania County’s finance software at some level. The finance software is considered to be Pittsylvania County’s “official” accounting system. Ultimately, the information in this system is what will be audited and used to report to governing boards, not information obtained from offline spreadsheets. Program Directors are strongly encouraged to use inquiries and reports generated directly from the finance software to aide in grant tracking. If any “off-system” accounting records are maintained, it is the responsibility of the Program Director to ensure that the program’s internal records agree to the Pittsylvania County’s accounting system. b. Fiscal Years – Occasionally, the fiscal year for the granting agency will not coincide with the Pittsylvania County’s fiscal year. This may require adjustments to the internal budget accounts and interim financial reports as well as special handling during fiscal year-end close. It is the responsibility of the department head to oversee grant budgets within his/her department and to bring such discrepancies to the attention of the Finance office at the time the grant accounts are established. c. Grant Budgets – When the accounting structure for a grant is designed, it will include the budget that was prepared when the grant application was submitted. The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the Program Director be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year-end, it is the responsibility of the Program Director to notify the Finance Director that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carry-forwards. This can be done during the Pittsylvania County’s normal annual budgeting process. Carry-forwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the Uniform Guidance compliance supplement. d. Capital Assets – Pittsylvania County is responsible for maintaining an inventory of assets purchased with grant monies. The Pittsylvania County is accountable for them and must make them physically available for inspection during any audit. The Finance Director must be notified immediately of any sale of these assets. 7.h.a Packet Pg. 53 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 18 Customarily, the proceeds of the sale can only be used on the grant program that purchased them. In most cases, specific governing regulations can be found in the original grant. The individual department overseeing the grant will coordinate this requirement. All transactions that involve the acquisition or disposal of grant funded fixed assets must be immediately brought to the attention of the Finance Director. 4. Record Keeping – a. Audit Workpapers – The Pittsylvania County’s external auditors audit all grants at the end of each fiscal year. The department who obtained the grant will prepare the required audit workpapers. These will then need to be sent to the Finance Director within a reasonable time following year end. b. Record Keeping Requirements – Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Program Director in the Finance Department will maintain copies of all grant draw requests, and approved grant agreements (including budgets). Records shall be retained for a minimum of 5 years from the date on which the final Financial Status Report is submitted, or as otherwise specified in the requirements of the federal award, unless a written extension is provided by the awarding agency, cognizant agency for audit or cognizant agency for indirect costs. Uniform Guidance Compliance Supplement - General Information Board Policies. The Board of Supervisors has adopted various financial policies independent of those now required for federal awards under the Uniform Guidance. These policies may be incorporated into this document by reference. All of the established board policies also apply to federal grants where appropriate. These policies include: • Pittsylvania County Procurement Policy • Personnel Policy 7.h.a Packet Pg. 54 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 19 Uniform Guidance Compliance Supplement - Activities Allowed/Unallowed and Allowable Costs/Cost Principles The requirements for allowable costs/cost principles are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. All grant expenditures will be in compliance with the Uniform Guidance, State law, Pittsylvania County policy, and the provisions of the grant award agreement will also be considered in determining allowability. Grant funds will only be used for expenditures that are considered reasonable and necessary for the administration of the program and treatment will be consistent with the policies and procedures the Pittsylvania County would apply to non-federally financed work. 2. Grant expenditures will be approved by the department head when the bill or invoice is received. The terms and conditions of the Federal Award will be considered when approving. The approval will be evidenced by the department head’s initials on the original bill or invoice. Accounts payable disbursements will not be processed for payment until necessary approval has been obtained. 3. Payroll costs will be documented in accordance with the Uniform Guidance. Specifically, compensation for personal services will be handled as set out in §200.430 and compensation for fringe benefits will follow §200.431 of the Uniform Guidance. 4. An indirect cost rate will only be charged to the grant to the extent that it was specifically approved through the grant budget/agreement. Part 200 examines the allowability of 55 specific cost items (commonly referred to as Selected Items of Cost) at 2 CFR 200.420-200.475. These cost items are listed in the chart below along with the citation where it is discussed whether the item is allowable. Pittsylvania County personnel responsible for spending federal grant funds and for determining allowability must be familiar with the Part 200 selected items of cost section. Pittsylvania County must follow these rules when charging these specific expenditures to a federal grant. When applicable, staff must check costs against the selected items of cost requirements to ensure the cost is allowable. The selected item of cost addressed in Part 200 includes the following (in alphabetical order): Item of Cost Citation of Allowability Rule Advertising and public relations costs 2 CFR § 200.421 Advisory councils 2 CFR § 200.422 Alcoholic beverages 2 CFR § 200.423 Alumni/ae activities 2 CFR § 200.424 Audit services 2 CFR § 200.425 Bad debts 2 CFR § 200.426 Bonding costs 2 CFR § 200.427 7.h.a Packet Pg. 55 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 20 Collection of improper payments 2 CFR § 200.428 Commencement and convocation costs 2 CFR § 200.429 Compensation – personal services 2 CFR § 200.430 Compensation – fringe benefits 2 CFR § 200.431 Conferences 2 CFR § 200.432 Contingency provisions 2 CFR § 200.433 Contributions and donations 2 CFR § 200.434 Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringements 2 CFR § 200.435 Depreciation 2 CFR § 200.436 Employee health and welfare costs 2 CFR § 200.437 Entertainment costs 2 CFR § 200.438 Equipment and other capital expenditures 2 CFR § 200.439 Exchange rates 2 CFR § 200.440 Fines, penalties, damages and other settlements 2 CFR § 200.441 Fund raising and investment management costs 2 CFR § 200.442 Gains and losses on disposition of depreciable assets 2 CFR § 200.443 General costs of government 2 CFR § 200.444 Goods and services for personal use 2 CFR § 200.445 Idle facilities and idle capacity 2 CFR § 200.446 Insurance and indemnification 2 CFR § 200.447 Intellectual property 2 CFR § 200.448 Interest 2 CFR § 200.449 Lobbying 2 CFR § 200.450 Losses on other awards or contracts 2 CFR § 200.451 Maintenance and repair costs 2 CFR § 200.452 Materials and supplies costs, including costs of computing devices 2 CFR § 200.453 Memberships, subscriptions, and professional activity costs 2 CFR § 200.454 Organization costs 2 CFR § 200.455 Participant support costs 2 CFR § 200.456 Plant and security costs 2 CFR § 200.457 Pre-award costs 2 CFR § 200.458 Professional services costs 2 CFR § 200.459 Proposal costs 2 CFR § 200.460 Publication and printing costs 2 CFR § 200.461 Rearrangement and reconversion costs 2 CFR § 200.462 Recruiting costs 2 CFR § 200.463 Relocation costs of employees 2 CFR § 200.464 Rental costs of real property and equipment 2 CFR § 200.465 Scholarships and student aid costs 2 CFR § 200.466 Selling and marketing costs 2 CFR § 200.467 Specialized service facilities 2 CFR § 200.468 Student activity costs 2 CFR § 200.469 Taxes (including Value Added Tax) 2 CFR § 200.470 7.h.a Packet Pg. 56 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 21 Termination costs 2 CFR § 200.471 Training and education costs 2 CFR § 200.472 Transportation costs 2 CFR § 200.473 Travel costs 2 CFR § 200.474 Trustees 2 CFR § 200.475 Uniform Guidance Compliance Supplement - Cash Management Source of Governing Requirements – The requirements for cash management are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Most of the Pittsylvania County’s grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. If Federal grant funds are received first, care will be taken in order to minimize the time elapsing between receipt of Federal funds and disbursement to contractors/employees/subrecipients according to §200.302 (6) of the Uniform Guidance. Expenditures will be compared with budgeted amounts for each Federal award. 2. Cash draws will be initiated by the Program Director who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained. Payments and travel costs will be handled in a manner consistent with the Pittsylvania County’s existing Accounts Payable policies and in accordance with §200.305 (payments) and §200.474 (travel costs) of the Uniform Guidance. 3. The physical draw of cash will be processed in the Pittsylvania County’s finance software, or through the means prescribed by the grant agreement for other awards. 4. Supporting documentation or a copy of the cash draw paperwork will be filed along with the approved paperwork described above and retained for audit purposes. Uniform Guidance Compliance Supplement - Eligibility Source of Governing Requirements – The requirements for eligibility are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Additional Policies and Procedures. The following policies and procedures will also be applied: 1. Federal grants will only benefit those individuals and/or groups of participants that are deemed to be eligible. 2. Initial eligibility determinations will be made by the Program Director based on the grant award/contract. Sufficient documentation to support these determinations will be retained and made available to administration, auditors, and pass-through or grantor agencies, upon request. It is the department’s responsibility to maintain complete, accurate, and organized records to support eligibility determinations. 7.h.a Packet Pg. 57 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 22 Uniform Guidance Compliance Supplement - Equipment and Real Property Management Source of Governing Requirements – The requirements for equipment are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Additional Policies and Procedures. The following policies and procedures will also be applied: In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. All equipment will be used in the program for which it was acquired or, when appropriate, in other Federal programs. 2. When required, purchases of equipment will be pre-approved by the grantor or pass- through agency. The Program Director will be responsible for ensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 3. Property/Equipment records will be maintained, a physical inventory shall be taken every two years, and an appropriate system shall be used to safeguard assets. 4. When assets with a current per unit fair market value of $5,000 or more are no longer needed for a Federal program, a request for written guidance shall be made from the grantor agency as to what to do with the property/equipment prior to sale or relocation. The Pittsylvania County shall abide with the requirements set out in §200.311 and §200.313 of the Uniform Guidance in this regard. If a sale will take place, proper procedures shall be used to provide for competition to the extent practical and result in the highest possible return. Uniform Guidance Compliance Supplement - Matching, Level of Effort and Earmarking Source of Governing Requirements – The requirements for matching are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for level of effort and earmarking are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Pittsylvania County defines “matching”, “level of effort”, and “earmarking” consistent with the definitions of the Uniform Guidance Compliance Supplement: Matching or cost sharing includes requirements to provide contributions (usually non- Federal) or a specified amount or percentage of match Federal awards. Matching may be in the form of allowable costs incurred or in-kind contributions (including third-party in- kind contributions). 7.h.a Packet Pg. 58 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 23 Level of effort includes requirements for (a) a specified level of service to be provided from period to period, (b) a specified level of expenditures from non-Federal or Federal sources for specified activities to be maintained from period to period, and (c) Federal funds to supplement and not supplant non-Federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program’s funding that must/may be used for specified activities, including funds provided to subrecipients. Earmarking may also be specified in relation to the types of participants covered. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Compliance with matching, level of effort, and earmarking requirements will be the responsibility of the Finance Director. 2. Adequate documentation will be maintained to support compliance with matching, level of effort, and earmarking requirements. Such information will be made available to administration, auditors, and pass-through or grantor agencies, as requested. Uniform Guidance Compliance Supplement - Period of Performance Source of Governing Requirements – The requirements for period of performance of Federal funds are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Costs will be charged to an award only if the obligation was incurred during the funding period (unless pre-approved by the Federal awarding agency or pass-through grantor agency). 2. All obligations will be liquidated no later than 90 days after the end of the funding period (or as specified by program legislation). 3. Compliance with period of performance requirements will initially be assigned to the Program Director. All AP disbursements are subject to the review and approval of accounts payable staff and the Board as part of the payment process. 7.h.a Packet Pg. 59 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 24 Uniform Guidance Compliance Supplement - Procurement, Suspension and Debarment Source of Governing Requirements – The requirements for procurement are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for suspension and debarment are contained in OMB guidance in 2 CFR part 180, which implements Executive Orders 12549 and 12689, Debarment and Suspension; Federal agency regulations in 2 CFR implementing the OMB guidance; the Uniform Guidance; program legislation; Federal awarding agency regulations; and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Purchasing and procurement related to Federal grants will be subject to the general policies and procedures of Pittsylvania County, and to the provisions of the uniform guidance as detailed below. (See Pittsylvania County procurement policy.) 2. Contract files will document the significant history of the procurement, including the rationale for the method of procurement, selection of the contract type, contractor selection or rejection, and the basis of contract price. 3. Procurement will provide for full and open competition. 4. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. If the financial interest is not substantial or the gift is an unsolicited item of nominal value, no further action will be taken. However, disciplinary actions will be applied for violations of such standards otherwise. 5. Pittsylvania County will avoid acquisition of unnecessary or duplicative items. Consideration will be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. Pittsylvania County will also analyze other means, as described in §200.318 of the Uniform Guidance, in order to ensure appropriate and economic acquisitions. 6. Pittsylvania County is prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. “Covered transactions” include those procurement contracts for goods and services awarded under a nonprocurement transaction (i.e., grant or cooperative agreement) that are expected to equal or exceed $20,000 or meet certain other specified criteria. All nonprocurement transactions (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions. 7.h.a Packet Pg. 60 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 25 7. Pittsylvania County will include a suspension/debarment clause in all written contracts in which the vendor/contractor will certify that it is not suspended or debarred. The contract will also contain language requiring the vendor/contractor to notify the Government immediately upon becoming suspended or debarred. This will serve as adequate documentation as long as the contract remains in effect. The Program Director or designee will be responsible for running a year-to-date transaction report from the Pittsylvania County’s accounting system. Any vendor with accumulated transactions equaling or exceeding $20,000 that is not subject to a written contract including a suspension/debarment clause or for which a signed statement or suspension or debarment is not on file will be subject to additional procedures. The Program Director or designee will check the Excluded Parties List System (EPLS), https://www.sam.gov/portal/public/SAM/ maintained by the General Services Administration (GSA) for the vendor name. A potential match will be followed-up on immediately. Each vendor searched on EPLS will be initialed on the vendor transaction report and the report will be signed and dated on the first or last page. The vendor transaction report will be retained as evidence of the control. 8. If a vendor is found to be suspended or debarred, the Pittsylvania County will immediately cease to do business with this vendor. 9. Executed contracts and signed quarterly vendor transaction history reports will be retained and filed by the Program Director. 10. When a request for purchase of equipment, supplies, or services for a federal program has been submitted the procurement method to be used will be determined based on the total cost of the purchase as further outlined below. This procedure outlines how the cost thresholds for determining when the quote or formal bidding procedures that are required by state law must be modified when making purchases for federally funded purposes to which the Uniform Grant Guidance regulations apply. A. Micro-purchases not requiring quotes or bidding (up to $10,000) For purposes of this procedure, micro-purchase means a purchase of equipment, supplies, or services for use in federally funded programs using simplified acquisition procedures, the aggregate amount of which does not exceed a base amount of $10,000. The micro-purchase dollar threshold is adjusted periodically by the federal government, and the threshold most recently published and published in the Federal Register shall apply if other than $10,000. The micro-purchase method is used in order to expedite the completion of its lowest dollar small purchase transactions and minimize the associated administrative burden and cost. Procurement by micro-purchase is the acquisition of equipment, supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold. To the extent practicable, the Pittsylvania County distributes micro-purchases equitably among qualified suppliers when the same or materially interchangeable products are identified and such suppliers offer effectively equivalent rates, prices and other terms. 7.h.a Packet Pg. 61 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 26 Micro-purchases may be awarded without soliciting competitive quotations if the Pittsylvania County considers the price to be reasonable. Evidence will be maintained of this reasonableness in the records of all micro-purchases. Reasonable means that sound business practices were followed and the purchase is comparable to market prices for the geographic area. Such determinations of reasonableness may include comparison of the price to previous purchases of the same item or comparison of the price of items similar to the item being purchased. Even if the cost of a purchase qualifies it as a micro-purchase, bidding or small purchase procedures may be used optionally when those procedures may result in cost savings. B. Small Purchase Procedures (Between $10,000 and $250,000). For purposes of this procedure, small purchase procedures are those relatively simple and informal procurement methods for securing equipment, services, or supplies that cost more than the amount qualifying as micro- purchase and do not exceed $250,000. Small purchase procedures cannot be used for purchases of equipment or supplies for construction, repair or maintenance services costing between $50,000 and $250,000 because the Pittsylvania County purchasing policy requires formal competitive bidding at that level of cost. If small purchase procedures are used, written or telephonic price or rate quotations are obtained from at least three (3) qualified sources and records of quotes are maintained. C. Publicly Solicited Sealed Competitive Bids (Purchase between $50,000 and $250,000) For purchases of equipment or supplies, or of services for construction, maintenance or repairs of facilities, sealed competitive bids are publicly solicited and awarded to the lowest responsive and responsible bidder as provided in the Pittsylvania County’s procurement policy. D. Competitive Proposals (Purchase between $50,000 and $250,000) For purchases of qualifications-based procurement of architectural/engineering professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. If this method is used, the following requirements apply: 1. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; 2. Proposals must be solicited from an adequate number of qualified sources; and 3. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered. 7.h.a Packet Pg. 62 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 27 E. Noncompetitive Proposals (Sole Source) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: 1. The item is available only from a single source; or 2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; or 3. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or 4. After solicitation of a number of sources, competition is determined inadequate. 11. Pittsylvania County must use the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR sections 200.320(a) and (b). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000. Small purchase procedures must be used for purchases that exceed the micro-purchase amount but do not exceed the simplified acquisition threshold of $250,000. Micro-purchases may be awarded without soliciting competitive quotations if the Pittsylvania County considers the price to be reasonable (2 CFR section 200.320(a)). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (2 CFR section 200.320(b)). 7.h.a Packet Pg. 63 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 28 Uniform Guidance Compliance Supplement - Program Income Source of Governing Requirements – The requirements for program income are found in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Program income will include (but will not be limited to): income from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds, rebates, credits, discounts, refunds, etc., or interest earned on any of these items unless otherwise provided in the Federal awarding agency regulations or terms and conditions of the award. It will also not include proceeds from the sale of equipment or real property. 2. Pittsylvania County will allow program income to be used in one of three methods: a. Deducted from outlays b. Added to the project budget c. Used to meet matching requirements Absent specific guidance in the Federal awarding agency regulations or the terms and conditions of the award, program income shall be deducted from program outlays. 3. Program income, when applicable, will be accounted for as a revenue source in the same program code as the Federal grant. Uniform Guidance Compliance Supplement - Reporting Source of Governing Requirements – Reporting requirements are contained in the following documents: Uniform Guidance, Performance reporting, 2 CFR section 215, Performance reporting, 2 CFR section 215.51, program legislation, ARRA (and the previously listed OMB documents and future additional OMB guidance documents that may be issued), the Transparency Act, implementing requirements in 2 CFR part 170 and the FAR, and previously listed OMB guidance documents, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Reports will be submitted in the required frequency and within the required deadlines. 2. Reports will be completed using the standard forms (as applicable) and method of delivery (i.e., e-mail, grantor website, postal service, etc.). 3. Regardless of the method of report delivery, a copy of the submitted report will be retained along with any documentation necessary to support the data in the report. The report will evidence the date of submission in order to document compliance with timeliness requirements. This may be done either physically or electronically. 7.h.a Packet Pg. 64 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 29 4. Financial reports will always be prepared based on the general ledger using the required basis of accounting (i.e., cash or accrual). In cases where financial data is tracked outside of the accounting system (such as in spreadsheets or paper ledgers), this information will be reconciled to the general ledger prior to report submission. 5. Any report with financial-related data will either be prepared or reviewed by the Program Director and will have the appropriate review based on specific grant guidelines. 6. Preparation of reports will be the responsibility of Program Director and Department responsible receiving grant funding. All reports (whether financial, performance, or special) must be reviewed and approved (as applicable) prior to submission. This will be evidenced by either physical signatures or electronic timestamps of approval. 7. Copies of submitted reports with preparer and reviewer signatures and data will be filed with supporting documentation and any follow-up correspondence from the grantor or pass-through agency. Copies of all such reports will be made available to administration, auditors, and pass-through or grantor agencies, as requested. Uniform Guidance Compliance Supplement – Subrecipient Monitoring Source of Governing Requirements – The requirements for subrecipient monitoring are contained in 31 USC 7502(f)(2)(B) (Single Audit Act Amendments of 1996 (Pub. L. No. 104-156)), Uniform Guidance, program legislation, 2 CFR parts 25 and 170, and 48 CFR parts 4, 42, and 52 Federal awarding agency regulations, and the terms and conditions of the award. The Pittsylvania County will review and oversee subrecipient activity and obtain a copy of their single audit. Additionally, Pittsylvania County will evaluate the subrecipient’s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate monitoring procedures as required by the Uniform Guidance Title 2 CFR 200.331. Other oversight processes and procedures will be established on a case by case basis, dependent on grant requirements and the level of activity of the subrecipient. Uniform Guidance Compliance Supplement - Special Tests and Provisions Source of Governing Requirements – The laws, regulations, and the provisions of contract or grant agreements pertaining to the program. Additional Policies and Procedures. The following policies and procedures will also be applied: In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: The Program Director will be assigned the responsibility for identifying compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation. 7.h.a Packet Pg. 65 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 30 Uniform Guidance– Federal Program Travel Costs Pittsylvania County shall reimburse administrative, professional, and support employees, and officials, for travel costs incurred in the course of performing services related to official business as a federal grant recipient. For the purposes of this policy, travel costs shall mean the expenses for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business as a federal grant recipient. Employees shall comply with the applicable Pittsylvania County policies and administrative regulations established for reimbursement of travel and other expenses. The validity of payments for travel costs for all employees shall be determined by the Program Director. Travel costs shall be reimbursed on a mileage basis for travel using an employee’s personal vehicle and on an actual cost basis for meals, lodging and other allowable expenses, consistent with those normally allowed in like circumstances in the Pittsylvania County’s nonfederally funded activities, and in accordance with the Pittsylvania County’s travel reimbursement policies and administrative regulations. Mileage reimbursements shall be at the rate approved by Administration for other Pittsylvania County travel reimbursements. Actual costs for meals, lodging and other allowable expenses shall be reimbursed only to the extent they are reasonable and do not exceed the per diem limits established by the Board of Supervisors. If travel reimbursement costs are charged directly to a federal award, documentation must be maintained that justifies that (1) participation of the individual is necessary to the federal award, and (2) the costs are reasonable and consistent with the Locality’s/Organization’s established policy. 7.h.a Packet Pg. 66 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der 31 Policy XI Policy Review Policies will be reviewed every 2 years by the Board of Supervisors. 7.h.a Packet Pg. 67 Attachment: FMA adopted 05-02-1994 REVISED 2_15_22 (3019 : Financial Policies Revisions Adoption (Staff Contact: Kimberly G. Van Der Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: WIB-RSVP Grant Appropriation Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: February 15, 2022 Item Number: 7.i Attachment(s): RSVP Grant Service Agreement 07012021-06302022 Reviewed By: SUMMARY: The Workforce Investment Board (“WIB”) recently received notification of a Grant award in the amount of $16,000 to provide twenty (20) RSVP participants a paid work experience for four (4) weeks, working forty (40) hours per week, at $10 per hour, for a total of $1,600 for each participant. The WIB will provide the local match of $16,000 that is required of this Grant. For the Board’s review, related documentation evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Grant funds of $16,000 will be provided by Patrick & Henry Community College and the local match of $16,000 will be provided by the WIB. RECOMMENDATION: County Staff recommends the Board appropriate a total of $32,000 to the WIB-RSVP Grant (251-4-353668-3172). MOTION: “I make a Motion to approve an appropriation totaling $32,000 to the WIB-RSVP Grant.” 7.i Packet Pg. 68 7.i.a Packet Pg. 69 Attachment: RSVP Grant Service Agreement 07012021-06302022 (3018 : WIB-RSVP Grant Appropriation Approval (Staff Contact: Kimberly G. RSVP Grant Budget July 1, 2021-June 30, 2022 Total Description RSVP WPWDB Budget Salaries-RSVP Staff - - - Salaries-RSVP Staff Salaries-RSVP Staff - - - Total Salaries - - - Benefits-RSVP Staff - - - Benefits-RSVP Staff Benefits-RSVP Staff - - - Total Fringes - - - Work Experience Stipends 16,000.00 16,000.00 32,000.00 Program Administrative Costs - Total 16,000.00 16,000.00 32,000.00 YouthBuild Match - Total Grant Award 16,000.00 20 WEX Participants for 4 Weeks working 40hrs per week at $10/hr for a total of $1,600 per participant. WPWDB will provide 1/2 and RSVP will provide 1/2 funding. 7.i.a Packet Pg. 70 Attachment: RSVP Grant Service Agreement 07012021-06302022 (3018 : WIB-RSVP Grant Appropriation Approval (Staff Contact: Kimberly G. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: February 15, 2022 Item Number: 7.j Attachment(s): CPMT Lease Renewal Correspondence CPMT Lease Agreement Reviewed By: SUMMARY: For the past few years, the County has been leasing office space on Main Street in Chatham, Virginia, from the Pittsylvania County Lodge #24 A.F & A.M. (“Landlord”) for $550 per month for the CPMT Staff. Due to their recent property evaluation process and recent repairs to the building, the Landlord has notified County Staff that the rent would be increasing. For the Board’s review, attached is correspondence regarding negotiations for a new lease. County Staff was unable to negotiate a long-term lease (“CPMT Lease”) and desires to execute a one (1)-year renewal at $750 per month to allow County Staff and the Board to explore other options. For the Board’s review and consideration, a copy of the CPMT Lease is also attached. FINANCIAL IMPACT AND FUNDING SOURCE: Funds are included in the current County Budget for the CPMT Lease and additional funds will be provided in the upcoming County Budget for the CPMT Lease payments. RECOMMENDATION: County Staff recommends the Board approve the CPMT Lease as attached and presented. MOTION: “I make a Motion to approve the CPMT Lease as attached and presented.” 7.j Packet Pg. 71 7.j.a Packet Pg. 72 Attachment: CPMT Lease Renewal Correspondence (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.a Packet Pg. 73 Attachment: CPMT Lease Renewal Correspondence (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.a Packet Pg. 74 Attachment: CPMT Lease Renewal Correspondence (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.a Packet Pg. 75 Attachment: CPMT Lease Renewal Correspondence (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.a Packet Pg. 76 Attachment: CPMT Lease Renewal Correspondence (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.a Packet Pg. 77 Attachment: CPMT Lease Renewal Correspondence (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 78 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 79 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 80 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 81 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 82 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 83 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 84 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 85 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 86 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) 7.j.b Packet Pg. 87 Attachment: CPMT Lease Agreement (3017 : CPMT Office Lease Agreement Renewal Approval (Staff Contact: Richard N. Hicks)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: February 15, 2022 Item Number: 7.k Attachment(s): Daniel Builders quote Copy of Bid Results - Gretna Library Phase 1 VE Spreadsheet To Reynolds Arch 012522 Reviewed By: SUMMARY: Previously, the Board has approved $200,000 to assist with the proposed renovations to the Gretna Library (“Project”). To provide more opportunities for smaller local contractors and to avoid significant Architectural fees, the Project was split into six (6) phases of construction. This method was also chosen to limit the disruption of Library services during construction. Bids were accepted on December 20, 2021, and the low bidder was Daniel Builders in the amount of $96,845. For the Board’s review, a copy of the bid tabulation is attached. The Project’s Architect, Glenn Reynolds, initiated discussions with the low bidder and was able to reduce the costs by $7,181.00, resulting in a final bid price of $89,664. FINANCIAL IMPACT AND FUNDING SOURCE: Funds were provided in the FY20/21 and FY 21/22 County Budgets, bringing the total available funds for the Project to $200,000. RECOMMENDATION: County Staff recommends the Board award the Phase 1 Renovation Bid for the Project in the amount of $89,664.00 to Daniel Builders. MOTION: “I make a Motion to award the Phase 1 Renovation Bid for the Project in the amount of $89,664 to Daniel Builders.” 7.k Packet Pg. 88 7.k.a Packet Pg. 89 Attachment: Daniel Builders quote (3015 : Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: Richard N. Hicks)) 7.k.a Packet Pg. 90 Attachment: Daniel Builders quote (3015 : Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: Richard N. Hicks)) 7.k.a Packet Pg. 91 Attachment: Daniel Builders quote (3015 : Gretna Library Phase 1 Renovation Construction Bid Award 7.k.a Packet Pg. 92 Attachment: Daniel Builders quote (3015 : Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: Richard N. Hicks)) Gretna Library Renovation December 20, 2021 License Bid Price Quality Construction X $99,400.00 Daniel Builders X $96,845.00 Blair Construction X $99,850.00 7.k.b Packet Pg. 93 Attachment: Copy of Bid Results - Gretna Library Phase 1 (3015 : Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: 7.k.b Packet Pg. 94 Attachment: Copy of Bid Results - Gretna Library Phase 1 (3015 : Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: 7.k.c Packet Pg. 95 Attachment: VE Spreadsheet To Reynolds Arch 012522 (3015 : Gretna Library Phase 1 Renovation Construction Bid Award (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Board of Building Code Appeals Appointments (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 15, 2022 Item Number: 7.l Attachment(s): Reviewed By: SUMMARY: Virginia Code § 36-105 requires that each local building department establish a Local Board of Building Code Appeals (“LBBCA”). Section 119 of the Virginia Uniform Statewide Building Code (“USBC”) requires that the LBBCA consist of at least five (5) members appointed by the locality for a specific term. Additionally, Section 119 of the USBC requires that members be appointed based on their ability to render fair and competent decisions regarding application of the USBC and shall to the extent possible, represent different occupational or professional fields relating to the construction industry. At least one (1) member must be an experienced builder; at least one (1) member must be a Registered Design Professional, and at least one (1) member must be an experienced property manager. Employees or officials of the locality cannot serve as members of the LBBCA. A LBBCA was previously established in the County, but appointments were not made when the members’ terms expired in 2018. To fulfill this requirement, subject to Board approval, County Community Development Staff propose the following members to serve on the County’s LBBCA: (1) Chase Fitzgerald; (2) Skip Walker; (3) Gretchen Clark; (4) Scottie Lavinder; and (5) Jack Holmes. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Community Development Staff recommends that the Board appoint the above-proposed LBBCA members. MOTION: “I make a motion to appoint the above-proposed LBBCA members.” 7.l Packet Pg. 96 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Board of Building Code Appeals Fee Approval (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 15, 2022 Item Number: 7.m Attachment(s): Reviewed By: SUMMARY: The fee for Building Code Appeals has not been updated since the original establishment of the Board of Building Code Appeals. County Community Development Staff recommends the application fee for an appeal be $200 (the same as the zoning fee). FINANCIAL IMPACT AND FUNDING SOURCE: Unknown. The money from these appeals will be deposited into the County’s General Fund. RECOMMENDATION: County Community Development Staff recommends the Board approve the $200 fee for Building Code Appeals. MOTION: “I make a Motion to approve the $200 fee for Building Code Appeals.” 7.m Packet Pg. 97 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-02-04; Waiver of the Requirement that Solar Facilities be Reviewed for Substantial in Accord with the County's Comprehensive Plan Per Virginia Code § 15.2-2232(H)(iii); (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 15, 2022 Item Number: 7.n Attachment(s): 2022-02-04 Substantial Accord Resolution Reviewed By: SUMMARY: Virginia Code § 15.2-2232 requires the Planning Commission to review plans submitted for any street or connection to an existing street, park, or other public area, public building or public structure, public utility facility, or public service corporation facility other than a railroad facility or an underground natural gas or underground electric distribution facility of a public utility as defined in subdivision (b) of § 56-265.1 within its certificated service territory to determine if the general location or approximate location, character, and extent thereof is substantially in accord with the adopted comprehensive plan. Additionally, Virginia Code § 15.2-2232(H)(iii) states that solar facilities are subject to this review, unless the locality waives the requirement that solar facilities be reviewed for substantial accord with the Comprehensive Plan. During the Special Use Permit approval process for Utility Scale Solar Energy Facilities, the Planning Commission uses the proposed Project’s accordance with the Comprehensive Plan as a factor in their review; therefore, County Community Development Staff feels it would be redundant to require a separate public hearing to satisfy this requirement. For the Board’s review and consideration, Resolution # 2022-02-04, waiving this requirement is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends that the Board adopt Resolution # 2020-02-04 as attached and presented. MOTION: “I make a Motion to adopt Resolution # 2022-02-04 as attached and presented.” 7.n Packet Pg. 98 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-02-04 ______________________________________________________________________________ WAIVER OF THE REQUIREMENT THAT SOLAR FACILITIES BE REVIEWED FOR SUBSTANTIAL ACCORD WITH THE COUNTY’S COMPREHENSIVE PLAN PER VIRGINIA CODE § 15.2-2232(H)(iii) ______________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting held on February 15, 2022, the following Resolution was presented and adopted: WHEREAS, in 2010, the Board approved and adopted the Pittsylvania County, Virginia (“County”), Comprehensive Plan; and WHEREAS, Virginia Code § 15.2-2232 requires the Planning Commission to review plans submitted for any street or connection to an existing street, park, or other public area, public building or public structure, public utility facility, or public service corporation facility other than a railroad facility or an underground natural gas or underground electric distribution facility of a public utility as defined in subdivision (b) of § 56-265.1 within its certificated service territory to determine if the general location or approximate location, character, and extent thereof is substantially in accord with the adopted comprehensive plan; and WHEREAS, Virginia Code § 15.2-2232(H)(iii) states that solar facilities are subject to this review, unless the locality waives the requirement that solar facilities be reviewed for substantial accord with the Comprehensive Plan; and WHEREAS, the Pittsylvania County Planning Commission uses the proposed project’s agreement/accordance with the Comprehensive Plan as a factor in the approval of the Special Use Permit application; thereby, making a second Public Hearing to satisfy Virginia Code § 15.2-2232 redundant. NOW, THEREFORE, BET IT HEREBY RESOLVED, that the Board adopts this Resolution stating/affirming that the County hereby waives the requirement that a Public Hearing be held to review proposed solar facilities for substantial accordance with the County’s Comprehensive Plan. Given under my hand this 15th day of February, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Clarence C. Monday (Interim County Administrator) Pittsylvania County Board of Supervisors 7.n.a Packet Pg. 99 Attachment: 2022-02-04 Substantial Accord Resolution (3030 : Resolution # 2022-02-04; Waiver of Substantial in Accord Review) Vote William V. (“Vic”) Ingram (Chairman) ___ Jessie L. Barksdale (Vice-Chairman) ___ Timothy W. Chesher ___ Darrell W. Dalton ___ Timothy W. Dudley ___ Ronald S. Scearce ___ Robert (“Bob”) W. Warren ___ Ayes __ Nays __ Abstentions __ 7.n.a Packet Pg. 100 Attachment: 2022-02-04 Substantial Accord Resolution (3030 : Resolution # 2022-02-04; Waiver of Substantial in Accord Review) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Staunton River Plastics, LLC, Material Escalation Moral Obligation Agreement with Small Business Financing Authority Approval) (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: February 15, 2022 Item Number: 7.o Attachment(s): Moral Obligation Support Agreement Form 2022-02-03 SR Plastics Moral Obligation Reviewed By: SUMMARY: In late November, County Economic Development Staff was notified by ARCO Design-Build of an impending material escalation charge of $1,150,000 due to significant price increases on roofing membrane, steel sprinkler piping, and concrete. This escalation fee was and is unavoidable and, per the Pittsylvania County Industrial Development Authority’s (“IDA”) outside counsel, falls within the provisions of the executed construction contract. To account for this increase, County Economic Development Staff made application to and received approval from the Virginia Small Business Financing Authority (“VSBFA”) who has agreed to lend $1,020,000 with the same terms as the primary loan with American National Bank (“ANB”), except VSBFA’s loan’s interest rate is 75% of market prime at 2.44%. Staunton River Plastics, LLC, (“Company”) has agreed to contribute over 15% through a cash payment of $180,000 which covers the remaining escalation cost(s) and closing. Further, County Economic Development Staff was able to negotiate with ARCO Design-Build to strike typically mandatory escalation language from the construction contract, which ensures that future material escalation charges will not impact the County or IDA and are at the sole risk of ARCO Design-Build. This is a strong good faith commitment from the contractor. As a condition to the approval of its loan, VSBFA requires the County to provide a Moral Obligation for amount of the loan; the same action taken for the loan with ANB. The loan will be repaid via the Lease Purchase Agreement (“LPA”) with the Company. The Company has stated that the increase in monthly lease payments due to the loan is still within its budget. Company representatives took part in the presentation to the VSBFA for loan approval. VSBFA counsel is working with IDA counsel to finalize loan agreements, which will have to be executed in the near future. FINANCIAL IMPACT AND FUNDING SOURCE: The material escalation is being financed via a below market interest rate loan from VSBFA, 7.o Packet Pg. 101 plus a $180,000 cash contribution from the Company. The debt service is being paid via a LPA with the Company. The equity of the completed building, plus the total Company-injected cash payments, significantly exceeds the total loan amounts. Failure to close on the VSBFA loan will result in the IDA not meeting its obligation to the Company and its primary lender to construct a build-to-suit for summer 2022 occupation. RECOMMENDATION: County Economic Development Staff recommends the Board approve the attached Moral Obligation and Resolution # 2022-02-03 for the VSBFA loan of $1,020,000. MOTION: “I make a Motion to approve the attached Moral Obligation and Resolution # 2022-02-03 for the VSBFA loan of $1,020,000.” 7.o Packet Pg. 102 SUPPORT AGREEMENT OF THE COUNTY OF PITTSYLVANIA, VIRGINIA THIS SUPPORT AGREEMENT, dated as of the ____ day of ___________, 2022, by and between the County of Pittsylvania, Virginia, a political subdivision of the Commonwealth of Virginia (the “County”) and the Economic Development Authority of Pittsylvania County, Virginia, a public body corporate of the Commonwealth of Virginia (the “Authority”), recites and provides as follows. RECITALS 1. The Authority was created under the Industrial Development and Revenue Bond Act (§15.2-4900 et seq.) of the Code of Virginia, 1950, as amended, to promote industry and develop trade. 2. In order to induce Staunton River Plastics, LLC (the “Company”) to lease from the Authority a 150,000 sq. ft. build-to-suit manufacturing facility, and thereby promote the industrial development and economy of the County, the Authority desires to assist the Company in the acquisition such equipment (the “Project”). 3. The Authority has obtained a commitment from the Virginia Small Business Financing Authority (“VSBFA”) to lend to the Authority pursuant to a loan agreement dated of even date herewith (the “Loan Agreement”) up to $1,020,000.00 (the “Loan”) for part of the projected costs of the Project, and as part of that commitment and as part of the security for the Loan, the VSBFA has required the County to enter into this Support Agreement (this “Agreement”). 4. The Loan is to be evidenced by a promissory note (the “Note”) executed by the Authority and held by the VSBFA. AGREEMENT NOW, THEREFORE, for and in consideration of the premises, the promises and mutual benefits to be derived by the parties from entering into this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows. 1. The Authority has acquired an ownership interest in the Project. The Authority will lease the Project to the Company under a [Lease Agreement] (the “Lease Agreement”) to promote the economic development of the County. The Lease Agreement shall provide for payment of rent by the Company to the Authority in amounts sufficient to enable the Authority to fulfill its debt service obligations to the VSBFA under the Note and the Loan Agreement, such obligations to be secured by a lien or liens against the Project. Should the Company fail to make such rent payments in full under the Lease Agreement, the Authority shall request an appropriation from the County to the Authority sufficient to allow the Authority to make current payments on the Note (the 7.o.a Packet Pg. 103 Attachment: Moral Obligation Support Agreement Form (3014 : Staunton River Plastics, LLC,Material Escalation Moral Obligation Agreement 2 “Deficiency Amount”) to protect and maintain the Authority’s interest in the Project. 2. No later than May 15 of each year, beginning May 15, 2021, the Authority shall notify the County Administrator of the County (the “County Administrator”) of the Deficiency Amount which the Authority desires the County to pay to the Authority in accordance with Section 1 above during the County’s fiscal year beginning the following July 1. 3. The County Administrator shall include such Deficiency Amount requested pursuant to Section 2 above in his budget submitted to the Board of Supervisors of the County (the “Board of Supervisors”) for the following fiscal year as an amount to be appropriated to or on behalf of the Authority. The County Administrator shall deliver to the Executive Director of the Authority within ten days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board of Supervisors has appropriated to or on behalf of the Authority the Deficiency Amount requested. 4. If at any time the Authority believes there is a Deficiency Amount or that amounts paid by the Company under the Lease Agreement are insufficient to allow the Company to fulfill its rent obligations under the Lease Agreement in order for the Authority to meet its debt service obligations under the Note, the Authority shall notify the County Administrator of the amount of the Deficiency Amount or such insufficiency and the County Administrator shall request a supplemental appropriation from the Board of Supervisors in the amount necessary to make such payment. 5. The County Administrator shall present each request for appropriation pursuant to paragraph 4 above to the Board of Supervisors, and the Board of Supervisors shall consider such request, at the Board of Supervisors’ next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Not later than three (3) business days after such meeting, the County Administrator shall notify the Authority as to whether the amount so requested was appropriated. If the Board of Supervisors shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the amount requested from the Authority and reported to the County by the County Administrator for the County’s next fiscal year. 6. The Board of Supervisors hereby undertakes a non-binding moral obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 3, 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards of Supervisors do likewise. 7. For and in consideration of VSBFA making the Loan to the Authority, and to further secure the repayment of the Note and the Loan, the Authority hereby assigns, grants and conveys to VSBFA all of its right, title and interest, now existing or hereafter arising, in and to all moneys received from the County pursuant to the provisions of this Agreement. The Authority and the County shall make, execute and deliver any papers, instruments and documents that may 7.o.a Packet Pg. 104 Attachment: Moral Obligation Support Agreement Form (3014 : Staunton River Plastics, LLC,Material Escalation Moral Obligation Agreement 3 be required by VSBFA to effectuate the purpose intended by this assignment. The Authority waives any right, legal or equitable, now existing or hereafter arising, to offset against, attach, levy upon, enjoin or otherwise delay the payment of such moneys hereby assigned on account of any claim or obligation between the Authority and the County. 8. If any clause, provision, or paragraph of this Agreement shall be held illegal or invalid by a court, the illegality or invalidity of such clause, provision, or paragraph shall not affect any of the remaining clauses, provisions, or paragraphs hereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or paragraph had not been contained herein. In case any question should arise as to whether any provision contained herein shall be in violation of law, then such provision shall be construed to the agreement of the parties hereto to the fullest extent permitted by law. 9. The County shall provide the VSBFA with the County’s audited annual financial statements when available. 10. Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Authority or to any other person or entity, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board of Supervisors to appropriate funds for the purposes described herein. 11. Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to County Administrator’s Office, 1 Center Street, Post Office Box 426, Chatham, Virginia 24531 (i) if to the Authority, to 1 Center Street, Post Office Box 426, Chatham, Virginia 24531 Attention: Chairman. Any party may designate any other address for notices or requests by giving notice. 12. It is the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. [Signature page to follow] 7.o.a Packet Pg. 105 Attachment: Moral Obligation Support Agreement Form (3014 : Staunton River Plastics, LLC,Material Escalation Moral Obligation Agreement 4 IN WITNESS WHEREOF, the County and the Authority have caused this Agreement to be executed in their names and on their behalves as of the date first above written. BOARD OF SUPERVISORS, COUNTY OF PITTSYLVANIA, VIRGINIA By: Chairman INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA By: Chairman Attest: Secretary, Economic Development Authority of Pittsylvania County, Virginia The undersigned authorized representative of VSBFA has executed this Agreement on its behalf as of the date first written above for the sole purpose of accepting the assignment to it made therein. VIRGINIA SMALL BUSINESS FINANCING AUTHORITY By: ________________________________ Howard F. Pisons Executive Director 7.o.a Packet Pg. 106 Attachment: Moral Obligation Support Agreement Form (3014 : Staunton River Plastics, LLC,Material Escalation Moral Obligation Agreement 1 RESOLUTION # 2022-02-03 RESOLUTION OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA APPROVING SUPPORT AGREEMENT WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (the “Board of Supervisors”) has determined that it is in the best interests of the County of Pittsylvania, Virginia (the “County”) to lend its assistance to the Industrial Development Authority of Pittsylvania County, Virginia (the “Authority”) in the issuance of the Authority’s promissory note in the original principal amount of up to $1,020,000.00 due and payable in full in approximately seven (7) years (the “Note”) for the acquisition of certain construction materials (the “Equipment”) to be used by Staunton River Plastics, LLC, a Virginia corporation (the “Company”) at the Company’s commercial and industrial manufacturing facility located in the County, by the pledging of the County's moral obligation to pay amounts due on the Note that are not paid when due by the Authority; and WHEREAS, the proceeds of the Note and the loan evidenced thereby (the “Loan”) are to be used (i) to pay costs of the Equipment and (ii) to pay the costs of issuance of the Note, all to accomplish certain purposes of the Virginia Industrial Development and Revenue Bond Act (the “Act”); and WHEREAS, there has been presented to the Board of Supervisors a plan for the financing of the Equipment involving the issuance of the Note by the Authority and the pledge of the moral obligation of the County, which would not create debt of the County for purposes of the Virginia Constitution and would promote industry and increase commerce in the County and the Commonwealth of Virginia; and WHEREAS, the Authority has received a proposal from the Virginia Small Business Financing Authority (“VSBFA”) for purchase of the Note, pursuant to a Loan Agreement between the Authority and VSBFA providing for the purchase of the Note and the loan of the monies from the sale of the Note to pay the cost of the Equipment (the “Loan Agreement”), payment of which Note is secured by a lien on and security interest in the Equipment (the “Authority Interest in the Equipment”) granted pursuant to a Security Agreement and Assignment of Lease between the Authority and VSBFA assigning to VSBFA leases and rental payments received from the Authority’s lease of the Equipment to the Company (the “Assignment”), and in connection therewith, VSBFA has requested a moral obligation support agreement be entered into between the Authority and the County; and WHEREAS, there has been presented to this meeting a draft of a Support Agreement between the County and the Authority to undertake a non-binding obligation to appropriate from time to time monies in connection with payments due on the Note (the “Support Agreement”); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA: 1. The following plan for financing the Equipment is hereby approved. The Authority will be requested to issue the Note in the maximum amount of $1,020,000.00 and to use the 7.o.b Packet Pg. 107 Attachment: 2022-02-03 SR Plastics Moral Obligation (3014 : Staunton River Plastics, LLC,Material Escalation Moral Obligation Agreement with 2 proceeds therefrom to finance costs of the Equipment and pay costs of issuance. The Authority will sell the Note to VSBFA and agree to repay the same pursuant to the Loan Agreement. The obligation of the County to make any payments under the Support Agreement will be subject to the Board of Supervisors making appropriations for such purpose from time to time. It is expected that the Note will be secured by the Assignment, the Loan Agreement, and the Support Agreement. It is hereby found and determined that the above-described plan is in the public interest, will benefit the inhabitants of the County, will increase commerce and will promote the safety, health, welfare, convenience and prosperity of the County and its citizens. 2. The Chairman or Vice Chairman of the Board of Supervisors, either of whom may act, is hereby authorized and directed to execute and deliver the Support Agreement. The Chairman or Vice-Chairman of the Board of Supervisors, either of whom may act, is hereby authorized and directed to acknowledge and consent, as necessary, to the provisions of the Support Agreement and any other agreements, instruments, certificates or other documents required to be executed by the County in connection with the issuance of the Note, and to designate and confirm the final provisions and other terms of the Note. 3. The Support Agreement shall be in substantially the form submitted to this meeting, which is hereby approved, with such completions, omissions, insertions, and changes as may be approved by the officer executing it, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Note pursuant to the Support Agreement to the extent such payments are not made when due by the Authority and hereby recommends that future Boards of Supervisors do likewise during the term of the Note. 5. All other acts of the Chairman or Vice-Chairman of the Board and other officers of the County that are in conformity with the purposes and intent of this resolution and in furtherance of the plan of financing, the issuance and sale of the Note and the financing of the Equipment are hereby approved, ratified and confirmed. 6. Nothing in this Resolution or the Support Agreement, the Note or any related documents shall constitute a debt or a pledge of the faith and credit or the taxing power of the County with respect to any sums which are or may become payable under the Support Agreement. All obligations of the County and the Board of Supervisors under the Support Agreement are subject to and dependent upon annual appropriation of funds by the Board of Supervisors, and the Board of Supervisors shall have no legally binding obligation under this resolution or in the Support Agreement to make any such appropriation or the payments provided for in the Support Agreement, the Support Agreement being a statement only of the present intent of the Board of Supervisors. 7. This resolution shall take effect immediately. 7.o.b Packet Pg. 108 Attachment: 2022-02-03 SR Plastics Moral Obligation (3014 : Staunton River Plastics, LLC,Material Escalation Moral Obligation Agreement with 3 PASSED AND ADOPTED this ____ day of ______________, 2022. __________________________________________ Chairman Board of Supervisors County of Pittsylania, Virginia ATTEST: _____________________________________ Clerk Board of Supervisors County of Pittsylvania, Virginia The Resolution set forth above was adopted during an open meeting at a regular meeting of the Board of Supervisors of the County of Pittsylvania, Virginia, held on ____________________, 2022, all in accordance with law, by the following votes: AYES: NAYS: ABSENT: ABSTENTIONS: _______________________________ Clerk Board of Supervisors County of Pittsylvania, Virginia 7.o.b Packet Pg. 109 Attachment: 2022-02-03 SR Plastics Moral Obligation (3014 : Staunton River Plastics, LLC,Material Escalation Moral Obligation Agreement with Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Ratification of TLAC's Election of its Leesville Lake Associate Representative (Dave Rives); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 15, 2022 Item Number: 7.p Attachment(s): 01-29-2022 - Leesville Lake Association Minutes Reviewed By: SUMMARY: Tri-County Lake Administrative Commission (“TLAC”) appointments are for one (1)-year terms. TLAC recently reelected Dave Rives (“Rives”) to a new term as its Leesville Lake Association Representative and appointed him as 2022 TLAC President. For the Board’s review, attached is a copy of TLAC Meeting Minutes evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board ratify TLAC’s appointment of Rives to serve as its Leesville Lake Association Representative for a one (1) year term beginning February 15, 2022, and ending February 28, 2023. MOTION: “I make a Motion to ratify TLAC’s appointment of Rives as its Leesville Lake Association Representative for a one (1) year term beginning February 15, 2022, and ending February 28, 2023. 7.p Packet Pg. 110 Minutes of General Members Meeting, Leesville Lake Association, January 29, 2022 Altavista Train Station Call to order: 10:35 a.m. by President, Dave Rives Present: J. W. Burton, Joe Humphrey, Phyllis Garlick, Mary Loiselle, Frank Podrebarac, Dave Rives, Dannie Smith, Dave Waterman, Chip Zimmerman Absent: Richard Beaton, Tony Capuco, Pam McMillian Members Present: 24 members were present. Quorum: Yes Introductions: Dave R. asked that everyone introduce themselves with Directors going first. He reviewed the agenda and introduced the guest speaker, Lou Revelle. He is a past Director and President of the Leesville Lake Assoc. He is LLA’s representative to the AEP Technical Review Committee on Aquatic Vegetation. Lou and his wife Delores live on Leesville Lake where Delores has roots dating back before the lake was ever here. Lou’s presentation was about the history of where and how the SML/Leesville project started. Treasurer’s Report: Mary asked that everyone please register on the sign-up sheet. She announced that maps, LVL stickers, calendars, and t-shirts were available. Mary introduced Diane Hewitt, Editor of the E-newsletter, and Bill and Christine Beckett, administrators of the LVL Facebook page and photographers and the beautiful photos posted on the site. Reports were sent out January 5 for the period ending December 2021. She had copies available at the meeting. The taxes for FY September 2020 through August 2021 were completed and e-filed on December 30, 2021. They were due January 15, 2022. The finance committee can now review the records for that period. Mary will be setting up a time for that meeting in early February. The annual request to TLAC for Beautification Day funds is due the end of March so we need to discuss how much to request. In the past it has been $2,500 and more recently $3,500. Due this year is our request for tax-exempt status which will be completed and filed before the due date. Committee Reports: Executive: Election of New Director- Dave R., representing the Board of Directors, moved that Brian Bell be elected as a Board of Director effective immediately. Brian accepted, there were no objections. The vote was taken and all approved. The motion was carried and the Directors roster will be updated. 2022 Beautification Day: Dannie reported that the date of Beautification Day will always be the second Saturday of June. The year it is June 11th. He stated that due to family obligations he is stepping down as Chair after many years of leading this very important event. The Beautification Day Guidelines have been updated for future events. Dannie introduced Roy Kelly, member of the Debris Committee, who will be Co-Chairing with Dannie for this year’s BD. Roy and his wife Teri live in Quantrone and have a B&B cabin there. Roy is retired from the Navy and will transition as sole Chair after this year. Communication: Dave W. reviewed the different social media that fall under the Communication Committee. LVL has its website, which Dave W. handles. Facebook, which is kept up to date by Christine and Bill Beckett. E-mail Blasts sent out by Frank Podrebarac. The E-newsletter, edited by Diane Hewitt and the Calendar put together by Joni Pauley and Phyllis Garlick. Debris: In Pam’s absence, Roy K. reported that the Debris Committee met on December 16th. Dave R. contacted Rob Gallimore, our contact from AEP on the following topics of concern. Mr. Gallimore did not respond with any updates prior to this general meeting. Rountine Monthly Inspections: Inspections were done April through October. During this time our committee has to go out on its own and then compare with AEP. Myers Creek: Myers Creek offload site is still not up and running. The ramp is in but the planned facility is still not completed but is supposed to be in service sometime this year. The facility will only be for debris picked up by AEP or its contractors. Pigg River Containment Study: AEP is still working on a final design and cost estimate. Dave R. mentioned that the FERC license is up for renewal this year. The Debris Committee is interested in seeing AEP’s report as the debris/debris reports this year are way down from previous years. Reasons are that the highwater events 7.p.a Packet Pg. 111 Attachment: 01-29-2022 - Leesville Lake Association Minutes (2999 : Appointment: Ratification of TLAC's Election of its Leesville Lake and weather have been dramatically different than in previous years. We are interested to see AEP’s explanation of this. Dannie reminded everyone not to tie off large debris to their docks. AEP will not retrieve them if they are tied to a dock. Dave R. stated that the Debris Committee has suggested AEP installing tie-off poles for this purpose and they are still proposing a skimmer be purchased for Leesville Lake. Membership: Chip reported that we have 237 dues paying members. He announced that the Membership Committee is in need of a Chair or to serve as a member to help put together events. Chip asked members to please complete the online survey which is on the website through January 2022. We have had only 46 responses so far but have had good feedback. He reviewed some of the results. A Safety Committee chair is also needed. Navigation: Joe reported that all but 3 of the hazard buoys have been installed. He received approval from the DWR for the last 3 buoys to be installed. They are ready to be installed once the weather breaks. AEP proposed 43 channel markers. Joe proposed reducing to 13 and installing navigation lights on the Toler’s Ferry Bridge. AEP will get back with our suggested locations for the channel markers and navigation lights to the bridge and get back with comments and suggestions. He stated that Paula Schnoffer with TLAC gave him 2 names of interest to work with him on the Navigation Committee. He has been in contact with them and we now have two additional members on that committee. Please provide, Joe. Water Quality: In Tony’s absence, Charlie Hamilton reported that the Water Quality team concluded the season’s water monitoring activities on LVL and the Pigg River and the complete report will be available on the LLA website in a couple of weeks. Overall, the health of LVL remains good as no unexpected issues were noted. Two potential threats to the health of LVL are input of poor-quality water from the Pigg River and low dissolved oxygen in water released from SML during power generation. Both aspects were less problematic than in 2021 than in the previous year but remain a concern. On multiple occasions we have pressed Appalachian Power for action to improve the dissolved oxygen content of the SML tailwaters, as it frequently does not comply with their operating license. We will continue to pressure Appalachian Power to rectify this situation. Our next recourse is to pressure the Federal Energy Regulatory Commission (FERC) to enforce the licensing agreement with Appalachian Power. Additionally, we will continue to monitor water quality of the Pigg River and take action as required. TLAC: Every year a Representative from LLA must be nominated to represent us in TLAC. Dave Rives accepted the nomination to represent LLA for the 2022 year. Dave R. asked if there were any other nominations from the membership. There were none. Motion: Phyllis made a motion to accept Dave Rives’ nomination to be LLA’s representative to TLAC for the 2022 year. Mary seconded. All Approved. Motion carried. Dave R. reviewed the No Wake Surfing Zone Process put in effect last year by TLAC. He ask that anyone interested, please check out the TLAC website for info and noted that the process is lengthy and complex. ***There was no Old Business or no New Business.*** Gerry stated that he will conduct vessel safety checks by request. Adjourn: Motion: Mary made a motion to adjourn. Frank seconded. All approved. The next meeting is a Board meeting on Thursday, February 10th at the Staunton River Library at 6:30. 7.p.a Packet Pg. 112 Attachment: 01-29-2022 - Leesville Lake Association Minutes (2999 : Appointment: Ratification of TLAC's Election of its Leesville Lake Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Pittsylvania County Community Action Annual Report Presentation (Presenter: Everlena Ross) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 15, 2022 Item Number: 8.a Attachment(s): Reviewed By: Everlena Ross, Pittsylvania County Community Action (“PCCA”) Director, will present the Board PCCA’s Annual Report. 8.a Packet Pg. 113 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-001; Garnette Short; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Dudley) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 15, 2022 Item Number: 10.A.1 Attachment(s): R-22-001 Garnette Short App R-22-001 Garnette Short Map R-22-001 Garnette Short Plat Reviewed By: SUMMARY: In Case R-22-001, Garnette Short (“Petitioner”) has petitioned to rezone a total of 7.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to consolidate with an adjacent parcel zoned A-1). The subject properties are located off State Road 754/Gallows Road, in the Staunton River Election District, and shown on the Tax Maps as GPIN #s 2525-98- 1095 and 2525-88-7016. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On January 4, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-001 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-22-001, I make a Motion to approve the rezoning of 7.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for property lines to be adjusted. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.1 Packet Pg. 114 10.A.1.a Packet Pg. 115 Attachment: R-22-001 Garnette Short App (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.a Packet Pg. 116 Attachment: R-22-001 Garnette Short App (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.a Packet Pg. 117 Attachment: R-22-001 Garnette Short App (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.a Packet Pg. 118 Attachment: R-22-001 Garnette Short App (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.a Packet Pg. 119 Attachment: R-22-001 Garnette Short App (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.a Packet Pg. 120 Attachment: R-22-001 Garnette Short App (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.a Packet Pg. 121 Attachment: R-22-001 Garnette Short App (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.b Packet Pg. 122 Attachment: R-22-001 Garnette Short Map (3029 : Public Hearing: Case R-22-001; Garnette Short) 10.A.1.c Packet Pg. 123 Attachment: R-22-001 Garnette Short Plat (3029 : Public Hearing: Case R-22-001; Garnette Short) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-002; Christopher Meadows; Rezoning from MHP, Residential Manufactured Housing Park, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted(Supervisor Chesher) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 15, 2022 Item Number: 10.A.2 Attachment(s): R-22-002 Chris Meadows App R-22-002 Chris Meadows Map R-22-002 Chris Meadows Plat Reviewed By: SUMMARY: In Case R-22-002, Christopher Meadows (“Petitioner”) has petitioned to rezone 11.905 acres, from MHP, Residential Manufactured Housing Park, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow property lines to be adjusted). The subject property is located on State Road 729/Kentuck Road, in the Dan River Election District, and shown on the Tax Maps as GPIN #s 2349-57-0611, 2349-57-3757, 2349-58-0204, 234-57-1415 and part of 2349-57-2680. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On January 4, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-002 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-22-003, I make a Motion to approve the rezoning of 11.905 acres from MHP, Residential Manufactured Housing Park, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for property lines to be adjusted. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.2 Packet Pg. 124 10.A.2.a Packet Pg. 125 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.a Packet Pg. 126 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.a Packet Pg. 127 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.a Packet Pg. 128 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.a Packet Pg. 129 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.a Packet Pg. 130 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.a Packet Pg. 131 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.a Packet Pg. 132 Attachment: R-22-002 Chris Meadows App (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.b Packet Pg. 133 Attachment: R-22-002 Chris Meadows Map (3028 : Public Hearing: Case R-22-002; Christopher Meadows) 10.A.2.c Packet Pg. 134 Attachment: R-22-002 Chris Meadows Plat (3028 : Public Hearing: Case R-22-002; Christopher Meadows) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; The Planning Commission recommended, by a 8-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Barksdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 15, 2022 Item Number: 10.A.3 Attachment(s): R-22-003 Jel aka Green Genie App R-22-003 Jel aka Green Genie Map Reviewed By: SUMMARY: In Case R-22-003, JEL, Inc aka Green Genie, Inc. (“Petitioner”), has petitioned to rezone 213.95 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for the possible expansion of the existing campground). The subject property is located on State Road 686/Elkhorn Road, in the Banister Election District, and shown on the Tax Maps as GPIN # 2486-41-1819. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On January 4, 2022, the Planning Commission recommended, by a 8-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-003 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-22-003, I make a Motion to approve the rezoning of 213.95 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for the possible expansion of the existing campground. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.3 Packet Pg. 135 10.A.3.a Packet Pg. 136 Attachment: R-22-003 Jel aka Green Genie App (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) 10.A.3.a Packet Pg. 137 Attachment: R-22-003 Jel aka Green Genie App (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) 10.A.3.a Packet Pg. 138 Attachment: R-22-003 Jel aka Green Genie App (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) 10.A.3.a Packet Pg. 139 Attachment: R-22-003 Jel aka Green Genie App (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) 10.A.3.a Packet Pg. 140 Attachment: R-22-003 Jel aka Green Genie App (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) 10.A.3.a Packet Pg. 141 Attachment: R-22-003 Jel aka Green Genie App (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) 10.A.3.a Packet Pg. 142 Attachment: R-22-003 Jel aka Green Genie App (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) 10.A.3.b Packet Pg. 143 Attachment: R-22-003 Jel aka Green Genie Map (3027 : Public Hearing: Case R-22-003; JEL, Inc. aka Green Genie, Inc.) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: County Public Safety Ordinance Revisions (PCC Section 11-2); (Chairman Ingram) Staff Contact(s): Chairman Ingram Agenda Date: February 15, 2022 Item Number: 10.B.1 Attachment(s): 02-15-2022 Chapter 11 - Fire and Rescue Commission Revisions Fire and Rescue Ordinance Revisions Reviewed By: SUMMARY: At the Board’s January 18, 2022, Business Meeting, the Board authorized County Staff to advertise for a Public Hearing for citizen comment regarding potential revisions to the County’s Public Safety Ordinance (Pittsylvania County Code (“PCC”) § 11-2). This Public Hearing has been duly advertised in the Chatham Star Tribune on February 2, 2022, and February 9, 2022. For the Board’s review and consideration, attached are the proposed revisions to PCC § 11-2. Chairman Ingram will lead discussion regarding the attached PCC § 11-2 revisions. FINANCIAL IMPACT AND FUNDING SOURCE: The current annual payment for the nine (9) Fire and Rescue Commission (“FRC”) Members is $16,200 ($150 per member, per meeting). If the proposed PCC revisions are approved, the annual payment for the thirteen (13) FRC Members would be $23,400. RECOMMENDATION: For the Board’s review and consideration. MOTION: For the Board’s review and consideration. 10.B.1 Packet Pg. 144 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, February 15, 2022, at 7:00 p.m., at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 11, Article 1, § 11-2, Establishment of the Fire and EMS Commission. 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. 145 Attachment: 02-15-2022 Chapter 11 - Fire and Rescue Commission Revisions (3004 : Public Hearing: County Public Safety Ordinance SEC. 11-2. ESTABLISHMENT OF THE FIRE AND EMS COMMISSION. (a) Establishment: The Board of Supervisors creates and establishes the Fire and EMS Commission (“Commission”). (b) Purpose: The Commission provides recommendations regarding the County’s Fire and EMS systems in the County; oversees strategic planning efforts; and provides a mechanism for collaboration and coordination among the Public Safety Department, volunteer fire companies, volunteer rescue squads, and the Board of Supervisors on issues impacting fire and emergency medical services. The Commission shall work with the Public Safety Director, or his/her designee, on these issues, and the Public Safety Department shall provide Staff support to the Commission. The Commission shall submit such recommendations and reports to the Board of Supervisors as needed. The Commission shall assist with the development of the Fire and Rescue Services Annual Budget and Capital Improvement Projects. The Commission shall serve as a partner with the Department of Public Safety. Together, they should serve as a centralized unit responsible to the Board of Supervisors for all County Fire and EMS issues. (c) Membership Composition; Term: (1) The Commission shall be composed of thirteen (13) Members and appointed as follows: (i) Each Board of Supervisors Member shall appoint one (1) Commission Member, who has significant Fire and/or EMS experience, from his/her County Election District. (ii) The Fire and Rescue Agencies in each of the below quadrants of the County shall also recommend to the Board of Supervisors the following citizen Members to the appointed to the Commission that have significant business experience: One (1) Member located West of Highway 29 and North of Highway 57; One (1) Member located East of Highway 29 and North of Highway 57; One (1) citizen Member from east of Highway 29, South of R and L Smith Road to its intersection with Franklin Turnpike, East of Franklin Turnpike, and East of the City of Danville, and South of Highway 57; and One (1) citizen Member from West of Highway 29, North of R and L Smith Road, West of Franklin Turnpike and West of the City of Danville and South of Highway 57. (iii) The Chairman of the Board of Supervisors, during the Board of Supervisors’ annual Organizational Meeting, shall appoint one (1) Board of Supervisors Member to the Commission. Said Member shall not be a voting member of the Commission. (iv) The President and/or Chairman of the County’s Fire and Rescue Association (“FRA”) shall also serve on the Commission but shall only vote in case of a tie vote on the Commission. The Director of Public Safety shall be the Commission’s Staff Representative. All Commission Members must be in good standing with the County and meeting all standards as set forth by the same. 10.B.1.b Packet Pg. 146 Attachment: Fire and Rescue Ordinance Revisions (3004 : Public Hearing: County Public Safety Ordinance Revisions (PCC Section 11-2); No Commission Members shall be full or part-time County employees. Moreover, no Commission Members shall be Members of any other County appointed Boards, Committees, or Commissions. If any Board of Supervisor Member fails to submit a nomination within thirty (30) days of the vacancy, the Chairman shall appoint someone from that respective District. (2) Terms: Determined by a drawing of lots at the Commission’s Annual Organizational Meeting, the eleven (11) appointed Commission Members (does not include the FRA President/Chairman or the Board of Supervisors Member) shall be appointed for initial terms as follows: six (6), four (4)-year terms and five (5), two (2)-year terms. Thereafter, each Commission Member shall serve for four (4) year terms. (3) Meeting Governance; Meeting Schedule: The Commission shall adopt Bylaws and Rules of Procedures, as it deems appropriate, to govern the conduct of its business. 10.B.1.b Packet Pg. 147 Attachment: Fire and Rescue Ordinance Revisions (3004 : Public Hearing: County Public Safety Ordinance Revisions (PCC Section 11-2); Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Amendment to BOS Bylaws to Include Code of Ethics/Model of Excellence (Chairman Ingram) Staff Contact(s): Chairman Ingram Agenda Date: February 15, 2022 Item Number: 12.a Attachment(s): Code of Ethics/Model of Excellence Reviewed By: SUMMARY: Chairman Ingram will lead discussion regarding amending the Board’s Bylaws to include the attached Code of Ethics/Model of Excellence. Notice has been previously given of this potential amendment; thereby, satisfying the Bylaws’ Notice Requirement for action at the Board’s February Business Meeting. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: For the Board’s review and consideration. MOTION: For the Board’s review and consideration. 12.a Packet Pg. 148 Page 1 of 5 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CODE OF ETHICS Preamble The citizens and business of Pittsylvania County, Virginia, are entitled to have fair, ethical, and accountable local government, which has earned the public’s full confidence for integrity. The effective functioning of democratic government requires that public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; that public officials be independent, impartial, and fair in their judgment and actions; that public office be used for the public good, not for personal gain; and that public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the Pittsylvania County Board of Supervisors has adopted this Code of Ethics for members of the Board and of the County’s boards, commissions, and committees, to assure public confidence in the integrity of local government and its effective and fair operation. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Pittsylvania County and not for any private or personal interest, and they will assure fair and equitable treatment of all persons, claims, and transactions coming before the Pittsylvania County Board of Supervisors, boards, commissions, and committees. 2. Comply with the Law Members shall comply with the laws of the nation, the Commonwealth of Virginia, and Pittsylvania County in the performance of their public duties. These laws include but are not limited to: the United States and Virginia Constitutions; the Pittsylvania County Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer restrictions, and open processes of government; and County ordinances and policies. 3. Conduct of Members The profession and personal conduct of Members must be beyond reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other Members of the Board of Supervisors, boards, commissions, and committees, the staff, or public. 4. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the Board of Supervisors and boards, committees, and commissions, and commissions 12.a.a Packet Pg. 149 Attachment: Code of Ethics/Model of Excellence (3026 : Amendment to BOS Bylaws to Include Code of Ethics/Model of Excellence (Chairman Page 2 of 5 governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Board of Supervisors by County Staff. 5. Conduct of Public Meetings Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather then on unrelated considerations. 7. Communication Members shall publicly share substantive information that is relevant to a matter under consideration by the Board of Supervisors or boards, committees, and commissions, which they may have received from sources outside of the public decision-making process. 8. Conflict of Interest To assure their independence and impartiality on behalf of the common good, Members shall not use their official positions to influence government decisions to which they have a material financial interest and shall disclose any substantial organizational responsibility or personal or business relationship to the parties in any matter coming before them. This paragraph is not intended to unduly restrict Members who have minor business or professional dealings with clients whose matters come before them. 9. Gifts and Favors A Member should never accept for himself or herself or for family members, favors, or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties. 10. Confidential Information Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the County. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 11. Use of Public Resources 12.a.a Packet Pg. 150 Attachment: Code of Ethics/Model of Excellence (3026 : Amendment to BOS Bylaws to Include Code of Ethics/Model of Excellence (Chairman Page 3 of 5 Members shall not use public resources that are not available to the public in general, such as County Staff time, equipment, supplies, or facilities, for private gain or personal purposes. 12. Representation of Private Interests In keeping with their role as stewards of the public interest, Members of the Board shall not appear on behalf of the private interests of third parties before the Board of Supervisors or any board, committee, commission, or proceeding of the County, nor shall members of boards, committees, or commissions appear before their own bodies or before the Board of Supervisors on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy Members shall represent the official policies of the Board of Supervisors, boards, commissions, or committees to the best of their ability when designated as delegates for this purpose. When representing their individual opinions and positions, Members shall explicitly state they do not represent their body or Pittsylvania County, nor will they allow the influence/inference that they do. 14. Policy Role of Members The Board of Supervisors determines the policies of the County with the advice, information, and analysis provided by the public, boards, commissions, and committees, and County Staff. The of Supervisors delegates authority for the administration of the County to the County Administrator. Therefore, Members shall not interfere with the administrative functions of the County or the professional duties of County Staff; nor, shall they impair the ability of County Staff to implement Board policy decisions. Inquiries to County Staff shall be made through the County Administrator or the appropriate Department Manager or Director. 15. Independence of Board and Commissions Because of the value of the independent advice of boards, committees, and commissions to the public decision-making process, Members of the Board of Supervisors shall refrain from using their positions to unduly influence the deliberations or outcomes of board, committee, or commission proceedings. 16. Positive Workplace Environment Members shall support the maintenance of a positive and constructive workplace environment for County employees and for citizens and businesses dealing with the County. Members shall recognize their special role in dealings with County employees and in no way create the perception of inappropriate direction to County Staff. 17. Implementation 12.a.a Packet Pg. 151 Attachment: Code of Ethics/Model of Excellence (3026 : Amendment to BOS Bylaws to Include Code of Ethics/Model of Excellence (Chairman Page 4 of 5 As an expression of the standards of conduct for Members expected by the County, this Code of Ethics is intended to be self-enforcing. Therefore, it becomes most effective when members are thoroughly familiar with and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for candidate for the Board of Supervisors, applicants to boards, committees, commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understood the Code of Ethics. Additionally, the Board of Supervisors, boards, committees, and commissions, shall annually review the Code of Ethics and the Board of Supervisors shall consider recommendations from boards, committees, and commissions to update it as necessary. 18. Compliance and Enforcement This Code of Ethics expresses standards of ethical conduct expected of Members of the Pittsylvania County Board of Supervisors, boards, committees, and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have confidence in the integrity of government. The Chairs of boards, committees, and commissions and the Chairman of the Board of Supervisors have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics are brought to their attention. The Board of Supervisors may impose sanctions on Members whose conduct does not comply with the County’s ethical standards, such as public or private reprimand, formal censure, loss of seniority or committee assignment, or budget restrictions. Where allowed by law, the Board of Supervisors also may remove members of Board-appointed boards, committees, and commissions from office. A violation of this Code of Ethics shall not be considered a basis for challenging the validity of a Board of Supervisors, board, committee, or commission decision. 12.a.a Packet Pg. 152 Attachment: Code of Ethics/Model of Excellence (3026 : Amendment to BOS Bylaws to Include Code of Ethics/Model of Excellence (Chairman Page 5 of 5 MODEL OF EXCELLENCE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS, BOARDS, COMMITTEES, AND COMMISSIONS MEMBER STATEMENT As a Member of the Pittsylvania County Board of Supervisors, or of a Pittsylvania County board, committee, or commission, I, the undersigned, agree to uphold the Code of Ethics for elected and appointed officials adopted by the Board of Supervisors and conduct myself by the following model of excellence. I will: • Recognize the worth of individual Members and appreciate their individual talents, perspectives, and contributions; • Help create an atmosphere of respect and civility where individual Members, County Staff, and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness, and respect for others; • Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit; • Avoid and discourage conduct which is divisive or harmful to the best interests of Pittsylvania County; and • Treat all people with whom I interact in the manner I wish to be treated. I affirm that I have read and understand the Pittsylvania County Code of Ethics. Signature: ___________________________________________________ Date: _______________________________________________________ Name (printed): ______________________________________________ Office(s) held: ________________________________________________ 12.a.a Packet Pg. 153 Attachment: Code of Ethics/Model of Excellence (3026 : Amendment to BOS Bylaws to Include Code of Ethics/Model of Excellence (Chairman