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07-19-2022 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, July 19, 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. County's 2022 June Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) b. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) c. Resolution # 2022-07-02 (Support for Williams’ Efforts to Build the SRE and the Electric Motor Driven Compressor Unit at Station 166 in the County) Adoption (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2022-07-01 (Support of MVP’s FERC Certificate Extension) Adoption (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2022-07-04 (Smart Scale Applications Support) Adoption (Staff Contact: Emily S. Ragsdale) f. County Issued Property Upon Employment Separation Policy Revision Approval (Staff Contact: Holly E. Stanfield) g. Re-appointment: Library Board (Dan River District); (Janice Fitts); (Supervisor Chesher) h. Appointment: DPCS (Westover District); (Gayle Breakley); (Supervisor Scearce) Business Meeting - July 19, 2022 i. Re-appointment: CPMT (Parent Representative); (Amy Edwards); (Staff Contact: Cheryl J. Boswell) j. Re-appointment: CPMT (Private Provider); (Monica Karavanic); (Staff Contact: Cheryl J. Boswell) k. County/Danville/VADEQ Memorandum of Agreement Execution Approval (Staff Contact: Matthew D. Rowe) l. County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock) m. Disposal of Waste Material at County Landfill Approval (Staff Contact: Chris Adcock) n. Agenda Software Contract Approval (Staff Contact: Dave F. Arnold) o. DRF Grant Agreement (County Administrator Search) Approval Ratification (Staff Contact: Kimberly G. Van Der Hyde) p. Cherrystone Dams 1 and 2a Engineering/Design Contract Approval (Staff Contact: Christopher C. Slemp) q. Erosion and Sediment Control Inspection Contract Approval (Staff Contact: Emily S. Ragsdale) 8. PRESENTATIONS a. General Presentations (Board of Supervisors) b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general Business Meeting - July 19, 2022 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-22-013; Nguyen Properties, LLC; Rezoning from RC-1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park. The Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner's request be denied. (Supervisor Ingram) Case 2: Public Hearing: Case R-22-016; Jasmin Ruiz; Rezoning from B-2, Business District, General, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Dalton) Case 3: Public Hearing: Case R-22-017; Bradley and Heather Barron; Rezoning from RE, Residential Estates District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) Case 4: Public Hearing: Case R-22-018; Robert and Angela Carlberg; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Dudley) 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 EMS Billing Rates Revisions; (Staff Contact: Chris Key) 2. Public Hearing: Page Road Property Disposition (Staff Contact: Chris Adcock) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Resolution # 2022-07-03 (Supporting Naming the Business U.S. 29 North Bridge in Pittsylvania County, Virginia, Banister District, the “Deputy Sheriff J. Holland Thomas, Sr., Memorial Bridge”) Adoption (Chairman Ingram) 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS Business Meeting - July 19, 2022 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County's 2022 June Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: July 19, 2022 Item Number: 7.a 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 June Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=452771&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2022 June Bill List as presented. MOTION: “I make a Motion to approve the County’s 2022 June Bill List as presented.” 7.a Packet Pg. 5 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: July 19, 2022 Item Number: 7.b Attachment(s): 06-21-2022 Finance Committee Meeting - DRAFT 06-21-2022 Work Session - DRAFT 06-21-2022 Business Meeting - DRAFT Reviewed By: SUMMARY: For the Board’s review and consideration, attached are the following Board Meeting Minutes: (1) 06/21/2022 (Finance Committee); and (2) 06/21/2022 (Work Session); and (3) 06/21/2022 (Business Meeting). 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.b Packet Pg. 6 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS FINANCE COMMITTEE MEETING June 21, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Finance Committee Meeting was held on June 21, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER Dalton called the Meeting to Order at 2:00 PM. ROLL CALL The following Board Members were present: Attendee Name Title Status Darrell Dalton Chairman - Callands-Gretna District Present Jessie L. Barksdale Supervisor - Banister District Present Tim Chesher Supervisor - Dan River District Absent William V. ("Vic") Ingram Supervisor – Tunstall District Present Also in attendance were Dudley, Scearce, and Warren. AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Barksdale SECONDER: Ingram AYES: Dalton, Barksdale, Ingram ABSENT: Chesher NEW BUSINESS a. County Water and Sewer Rate Study (Staff Contact: Chris Adcock) Charles Archer, the County’s engineering consultant with Freese and Nichols, presented a summary of the final Water and Wastewater Master Plan and Rate Study to the Committee. His presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. b. Cost of Living Increases-State vs Local (Staff Contact: Kim Van Der Hyde) During the County’s Budget process, the Board approved a Cost of Living (“COLA”) Increase in the amount of 3.6% for all County employees on the County’s Pay Plan. The Consumer Price Index (“CPI”) is the metric that the County annually uses to determine COLA’s. The CPI that should have been used for FY2023 was 7.4%. However, at that time, the County Finance Director, in consultation with the Interim County Administrator, adjusted this rate to 3.6% since 7.b.a Packet Pg. 7 Attachment: 06-21-2022 Finance Committee Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee June 21, 2022 the County had made several salary adjustments during FY2022. At the time of FY2023 County Budget approval, the State had not yet approved a FY2023 Budget. The County received Budget estimates for Constitutional Offices on June 8, 2022. It is the intention of the State to provide a 5% salary increase for FY2023, effective August 1 and another 5% salary increase for FY2024. The County also received notification that the Department of Social Services (“DSS”) employees will receive a 5% salary increase for FY2023, effective July 1 and a $1,000 bonus in December. Considering the recent economic downturn and a review of the current CPI, which was 9.2% as of May 31, 2022, County Staff feels strongly that all employees should receive a 5% COLA. Not only would this increase provide some assistance with increased day-to-day costs but would also ensure equity among all employees. The budgetary impact for the 1.4% additional increase would equate to roughly $50,000 and would allow all County employees on the County’s Pay Plan to receive a 5% COLA for FY2023 effective August 1, 2022. This increase would be covered by carryover funds from the FY2022 County Budget. Only DSS employees would receive their increase on July 1 and their increase would be covered primarily by State funds and would not require additional local funding. Motion to recommend to the full Board the approval of a COLA increase of 5% for all County employees on the County's Pay Plan, effective August 1, 2022. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Dalton, Barksdale, Ingram ABSENT: Chesher c. Health/Dental Insurance Premium Review (Staff Contact: Kim Van Der Hyde) Van Der Hyde notified the Board of the increase of the County’s health insurance rates, which is just under 10%. She stated the County’s intention is to continue to help all tiers of insurance plans, so County employees are not experiencing the brunt of the increase. There is also a possibility of available funds to be used for this increase. d. Gretna Library Landscaping Funding (Staff Contact: Lisa Tuite) Members of the Library Board and library employees were present to request the County’s support in the form of an additional $100,000 in funding. The expanded landscape plan is estimated to cost $450,000. Some of these elements are included in the original plans and funding ($80,000), but the new elements total approximately $370,000. DRF has committed to fund $150,000 of that total, contingent upon the County’s willingness to contribute to this Project, and DRF has suggested that a $100,000 contribution to the Project from the County would be a reasonable cost share. Motion to forward the Library Landscaping Funding to the Full Board for approval of the support of the County's portion. 7.b.a Packet Pg. 8 Attachment: 06-21-2022 Finance Committee Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee June 21, 2022 RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Dalton, Barksdale, Ingram ABSENT: Chesher e. ETC Renovations (Staff Contacts: Christopher Slemp/Kelly Keesee) Slemp stated a September 2021 Report from the Virginia Department of Elections recommends additional upgrades to the County’s Elections and Training Center. These recommendations revolve around the physical aspects of the building such as security improvements and handicap access. Kelly Keesee, Registrar, has identified approximately $100,000 in the Registrar’s FY22 Budget that was earmarked for a June Primary. This Primary is not taking place and these funds could be transferred and used for the needed improvements. Motion to table item until the July Meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Dalton, Barksdale, Ingram ABSENT: Chesher f. EMS Billing Rates Increase (Staff Contact: Kasey Seay) The Fire and Rescue Commission (“FRC”) recently appointed an Ad Hoc Committee to review the County’s EMS billing rates. The Committee reported back to the FRC at its May Meeting and suggested the below changes to the County EMS billing rates. At the same Meeting, the FRC recommended the Board approve said changes. Current Proposed • Basic Life Support (non-emergent) $600 $600 • Basic Life Support (emergent) $600 $650 • Advanced Life Support (non-emergent) $750 $775 • Advanced Life Support (emergent) $750 $800 • Advanced Life Support II $900 $1000 • Treat/No Transport $400 $400 • Patient Refusal $75 $100 • Mileage $16 $18 The FRC is requesting the Board hold a Public Hearing at its July 2022 Business Meeting to allow citizen comments prior to enacting said proposed revisions. 7.b.a Packet Pg. 9 Attachment: 06-21-2022 Finance Committee Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee June 21, 2022 Motion recommending the full Board authorize County Staff to advertise for a Public Hearing at the July 2022 Board’s Business Meeting regarding the above, potential County EMS billing rate changes. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Dalton, Barksdale, Ingram ABSENT: Chesher g. Potential Drug Box Regulation Changes (Staff Contact: Chris Key/Kasey Seay) Key stated that currently Virginia’s EMS Agencies rely on area hospitals, working in conjunction with local EMS Councils, to provide drugs and drug boxes for all highly controlled substances. Locally, the County also keeps lessor-controlled substances in stock and has other controls to track and administer these medications. Virginia is the only state to still use a drug box exchange program. Recently, the County’s Public Safety Department has been made of aware of changes coming from the Virginia Board of Pharmacy that will lead to stricter controls of medications. Additionally, the Drug Enforcement Agency is revising its rules and regulations that could bring serious changes to the drug box exchange program. No action is required at this time, but Key wanted to bring awareness to this situation that could affect Public Safety. h. FY22 Budget Transfers (Staff Contact: Christopher C. Slemp) Slemp stated in the current FY22 County Budget there is a $49,000 excess amount in the Line Item to fund Volunteer Virginia Line of Duty Death Benefits and to fund Volunteer Retirement Benefits for those Agencies that participate. At their April Meeting, the FRC discussed these issues and the FRC requested that the Board consider transferring $24,000 from this Line and to the volunteer allotments. This is being requested due to Agencies having excess expenses in the current Fiscal Year due to inflation and excess cost of fuel and other Fire and Rescue supplies and equipment. The FRC has proposed that single service Agencies would receive an additional $750, and dual service Agencies receive $1,500. Motion to recommend the full Board transfer $24,000 from Line Item 100-4-032200-530600 to Line Item 100-4-032200-566100 in the FY22 County Budget, and that single service Agencies be given an additional $750, and dual service Agencies be giving an additional $1,500. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Dalton, Barksdale, Ingram ABSENT: Chesher i. FY23 Funding Matrix (Staff Contact: Chris Key) Key stated in FY22 the FRC, along with the Board, approved a new funding matrix which gave each Volunteer Fire and Rescue Agency a base amount of funding, and then additional funding 7.b.a Packet Pg. 10 Attachment: 06-21-2022 Finance Committee Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee June 21, 2022 based on call volume (the “Matrix”). Due to increases in call volumes, additional funding was needed in the FY23 County Budget to appropriately fund the Matrix. There is a need for an additional $24,000 to fund the Matrix correctly and give those agencies with increased call volume the appropriate amount of funding. This increase was requested in the FY23 County Budget but was not funded. $24,000 is being requested from the County’s FY23 Contingency Budget Line to correctly fund the Matrix. At the April FRC Meeting, the FRC discussed this Budget issue and voted to request the Board to appropriately fund the Matrix. Motion to recommend the full Board approve the transfer of $24,000 from the County’s FY23 Contingency Line to Line item 100-4-032200-566100 to appropriately fund the Matrix. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Dalton, Barksdale, Ingram ABSENT: Chesher j. FY23 Additional Contingency Funding (Staff Contact: Chris Key) Key stated in the Fire and Rescue’s FY23 County Budget Request, it was requested to increase the volunteer base allotments by an additional $3000 per service the agency offered. However, the FRC has endorsed a plan to give fire departments an additional $3,500 base amount and $1,500 base increase for EMS agencies. Also, each Search and Rescue agency would receive an additional $1000. This amounted to an overall increase of $91,000 to line 100-4-032200- 566100. Additionally, it was requested to increase the EMS pay per call from $15 a call to $25 a call. This would amount to an overall increase of $77,500 for line 100-4-032200-566400. These requests were not funded but those requested amounts were placed in the contingency funds. The FRC has discussed this matter at the May Meeting and a Motion was put forth to request the Board transfer funds from FY23 contingencies to the appropriate fire and rescue Budget lines to fund the requested increases. Motion to direct County Staff to further analyze the request, look at any unexpended funds that may be left over from the current fiscal year, and bring the information back to the Board at a subsequent meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Dalton, Barksdale, Ingram ABSENT: Chesher MATTERS FROM COMMITTEE MEMBERS None. ADJOURNMENT 7.b.a Packet Pg. 11 Attachment: 06-21-2022 Finance Committee Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee June 21, 2022 Dalton adjourned the Meeting at 3:22 PM. 7.b.a Packet Pg. 12 Attachment: 06-21-2022 Finance Committee Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION June 21, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on June 21, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (4:30 PM) Ingram called the Meeting to Order at 4:30 PM. ROLL CALL The following members were present: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 4:11 PM Jessie L. Barksdale Vice Chairman - Banister District Present 4:05 PM Tim Chesher Supervisor - Dan River District Absent 5:00 PM Darrell Dalton Supervisor - Callands-Gretna District Present 4:04 PM Timothy W. Dudley Supervisor - Staunton River District Present 4:13 PM Ronald S. Scearce Supervisor - Westover District Present 4:06 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 4:07 PM AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren ABSENT: Chesher PRESENTATIONS None. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Finance Committee Recommendations (Staff Contact: Kimberly G. Van Der Hyde); (5 minutes) Van Der Hyde presented the Finance Committee recommendations to the Board as follows: • Approval of COLA in the amount of 5% for all County employees on the County’s Pay Plan, effective August 1, 2022. • Public Hearing authorization for the July Meeting to increase the EMS billing rates. 7.b.b Packet Pg. 13 Attachment: 06-21-2022 Work Session - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Work Session • Approval of $100,000 commitment to secure DRF Grant for the Gretna Landscaping Project, with the funding source to be secured in the FY23 Budget. • Approval of transfer in the amount of $24,000 from the Fire and Rescue VRS line item to cover Fire and Rescue Agency fuel overruns for FY22. • Approval of transfer of $24,000 from the FY23 Budget to fund the funding matrix based on call volume. Motion to approve the above items as a block vote at the Business Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Dalton SECONDER: Warren AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren ABSENT: Chesher BUSINESS MEETING DISCUSSION ITEMS None. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 4:45 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Dalton AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren ABSENT: Chesher a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Clarence C. Monday) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Property Disposition Purpose: Potential Disposition of Publicly Owned Property to Gospel Tabernacle Outreach Center b. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Jail Land Acquisition/Procurement; National Search for 7.b.b Packet Pg. 14 Attachment: 06-21-2022 Work Session - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Work Session County Administrator Contract/Procurement Purpose: Legal Consultation/Legal Advice Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:36 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on June 21, 2022, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Timothy W. Chesher Yes Darrell W. Dalton Yes Timothy W. Dudley Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes Jessie L. Barksdale Yes William V. (“Vic”) Ingram Yes ADJOURNMENT Ingram adjourned the Meeting at 6:37 PM. 7.b.b Packet Pg. 15 Attachment: 06-21-2022 Work Session - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING June 21, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on June 21, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Ingram called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 6:44 PM Jessie L. Barksdale Vice Chairman - Banister District Present 6:44 PM Tim Chesher Supervisor - Dan River District Present 6:48 PM Darrell Dalton Supervisor - Callands-Gretna District Present 6:45 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:44 PM Ronald S. Scearce Supervisor - Westover District Present 6:44 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:44 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda under Matters from the Work Session: • Finance Committee Recommendations • Berkley Group Work Order for County Administrator Search RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren APPROVAL OF AGENDA Motion to approve the Agenda as amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren CONSENT AGENDA Hunt stated he was notified by Adcock that item 7(p), Town of Chatham/County First Amendment to Master Water and Sewer Extension Approval, the document in the packet is correct except for the County and the Town now desire to have a 120-day extension rather than 7.b.c Packet Pg. 16 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting the 90-day extension. Motion to approve Consent Agenda with the two (2) additional items and changing the Town of Chatham/County First Amendment to Master Water and Sewer Extension Approval to the 120- day extension. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren a. County's 2022 May Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) b. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) c. Certificate of Excellence (Tunstall High School Robotics State Championship) Adoption (Chairman Ingram) d. Proclamation Adoption Ratification (June 2; “Business Appreciation Day”); (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2022-06-01 (VDOT Six (6)-Year Plan) Adoption (Staff Contact: Kaylyn M. McCluster) f. Certificate of Excellence (Nathan Harker Virginia Logger of the Year Award) Adoption (Contact: Supervisor Dudley) g. Certificate of Excellence (Emilee B. Harker Liberty University President’s Award for Excellence in Teaching) Approval (Contact: Supervisor Dudley) h. Hurt Partners Landfill Tipping Fee Waiver Ratification (Staff Contact: Matthew D. Rowe) i. NRCS Cherrystone 2 Dam Grant/Appropriation Approval Ratification (Staff Contact: Christopher C. Slermp) j. Appointment: DPCS (Banister District); (Contact: Supervisor Barksdale) k. Appointment: DPCS Board (Callands-Gretna District); (Supervisor Dalton) l. Appointment: Library Board (Banister District); (Supervisor Barksdale) m. Re-Appointment (DCC Advisory Board); (Full Board); (Staff Contact: Kaylyn M. McCluster) n. Fire and Rescue ARPA Applications Funding Approval (Staff Contact: Christopher C. Slemp) o. Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Hon. Robin C. Goard) p. Town of Chatham/County First Amendment to Master Water and Sewer Extension Approval (Staff Contact: Chris Adcock) 7.b.c Packet Pg. 17 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting q. Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim Van Der Hyde) PRESENTATIONS a. General Presentations (Board of Supervisors) Slemp presented an award to Cascade Fire and Rescue and Dudley presented certificates of recognition to Nathan and Emilee Harker. b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) Dr. Irwin spoke on behalf of the campaign committee for the School’s 1% Sales Tax Referendum. He stated members of the campaign committee have been to over twenty (20) events throughout the County educating citizens on the importance of this getting passed and what the money will be used for. c. Danville DMO Regional Tourism Update Presentation (Staff Contact: Clarence C. Monday); (Presenter: Corrie T. Bobe) Lisa Meriwether and Kattie Saunders introduced Jennifer Eddy, the Chief Marketing Strategist with Eddy Alexander, who will be working alongside the Regional Tourism Program for the City of Danville and the County. Her presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. HEARING OF THE CITIZENS Jim Scearce, Westover District, thanked Warren, Scearce, Dudley, and Barksdale for approving his appointment to the DSS Board. He pledged that he would do his best to provide exceptional service to the community. He also thanked the leadership of the Board for working with the new reassessment firm to be sure the newly identified structures would be added to the books. He also corrected a statement from last month’s Meeting regarding an accusation of an attack. He then stated his support of the new seating arrangement of the Board. Laurie Midkiff, Callands-Gretna District, opined on COVID vaccine concerns. Sandra Meyer, Chatham-Blairs District, also opined on COVID vaccine concerns. L.C. Walker, Jr, representing the First Pentecostal Holiness Church, requested the Board reimburse the church for the past three (3) years taxes paid, due to the Board approving the tax- exempt application at the April Business Meeting. PUBLIC HEARINGS 7.b.c Packet Pg. 18 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting Rezoning Public Hearings Case 1: Public Hearing: Case R-22-008 Robert and Barbie Eanes; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioners' request be granted. (Supervisor Warren) In Case R-22-008, Robert and Barbie Eanes (“Petitioners”) have petitioned to rezone 7.41 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow for two (2) dwellings to be placed on the property). The subject property is located on State Road 718/Snakepath Road, in the Chatham-Blairs Election District and is shown on the Tax Maps as GPIN # 2434-10-4406. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioners’ request be granted. Ingram opened the Public Hearing at 8:04 PM. Barbie Eanes was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:05 PM. Motion to approve the rezoning of rezone 7.41 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow for two (2) dwellings to be placed on the property. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 2: Public Hearing: Case R-22-009; Ronnie Warren; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) In Case R-22-009, Ronnie Warren (“Petitioner”) has petitioned to rezone 2.91 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for an accessory structure to be placed without a dwelling on the property). The subject property is located on State Road 622/Cascade Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1358-08-7268. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:07 PM. Petitioner was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:08 PM. Motion to approve the rezoning of rezone 2.91 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for an accessory structure to be placed on the property. The rezoning would be consistent with the County’s Comprehensive 7.b.c Packet Pg. 19 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 3: Public Hearing: Case R-22-015; Bradley and Shannon Mceowen; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Barksdale) In Case R-22-015, Bradley and Shannon Mceowen (“Petitioners”) have petitioned to rezone a total of 34.9 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 57/Halifax Road, in the Banister Election District, and shown on the Tax Maps as GPIN #s 2456- 0198 and 2456-31-5275. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended, by a 7- 0 vote, with no opposition, that the Petitioners’ request be granted. Ingram opened the Public Hearing at 8:09 PM. Mceowen was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:10 PM. Motion to approve the rezoning of a total of 34.9 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: Ingram SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 4: Public Hearing: Case R-22-019; Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) In Case R-22-019, the Industrial Development Authority of Pittsylvania County, Virginia (“Petitioner”) has petitioned to rezone 36.5 acres, from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (to allow for more intensive industrial uses). The subject property is located on Brosville Industrial Trail, in the Tunstall Election District, and shown on the Tax Map as GPIN #1368-56-4743. Once the property is rezoned to M-2, all uses listed under Pittsylvania County Code § 35-402 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. 7.b.c Packet Pg. 20 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting Ingram opened the Public Hearing at 8:11 PM. Warren stated the summary in the packet refers to it being changed to A-1, and it should be M-2. No one signed up to speak and Ingram closed the Public Hearing at 8:13 PM. Motion to approve the rezoning of rezone 36.5 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intensive industrial uses. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Barksdale SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 5: Public Hearing: Case R-22-023; Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Chesher) In Case R-22-023, the Industrial Development Authority of Pittsylvania County, Virginia (“Petitioner”), has petitioned to rezone 51.04 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (to allow for more intensive industrial uses). The subject property is located on State Road 1299/Cane Creek Parkway, in the Dan River Election District, and shown on the Tax Map as GPIN #2347-69-4959. Once the property is rezoned to M-2, all uses listed under Pittsylvania County Code § 35-402 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:13 PM. No one signed up to speak and Ingram closed the Public Hearing at 8:14 PM. Motion to approve the rezoning of rezone 51.04 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intensive industrial uses. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Chesher SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Other Public Hearings 1. Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control); (Staff Contact: Emily S. Ragsdale) Virginia Code § 62.1-44.15.1 requires any locality that has chosen not to establish a Virginia 7.b.c Packet Pg. 21 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting Erosion and Stormwater Management Program to adopt and administer a Virginia Erosion and Sediment Control Program. As the number of large utility scale solar energy facilities under construction in the County continues to grow, it has become exceedingly difficult for the Erosion and Sediment Control Program Administrator to maintain the required biweekly inspections. Therefore, County Community Development Staff is recommending that Pittsylvania County Code Chapter 4 be revised to require a third-party inspector be utilized for these Projects that will be paid for by the developer. Ingram opened the Public Hearing at 8:17 PM. No one signed up to speak and Ingram closed the Public Hearing at 8:19 PM. Motion to approve the PCC Chapter 4 revisions as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren UNFINISHED BUSINESS a. First Pentecostal Holiness Church Real Estate Tax Refund (Staff Contact: R. Goard/V. Hunt) At the April 19, 2022, Board Meeting, the Board unanimously voted to grant a real estate tax exemption to First Pentecostal Holiness Church (“Church”), an IRS 501(c)(3) owned property. At said Meeting, a Church representative asked for a refund of prior year’s tax payments, if appropriate. Recently, County Staff was advised by the County’s Commissioner of the Revenue’s (“COR”) Office that no refunds are given for this type of exemption (it just becomes effective on the date the Board approves it prospectively). According to Virginia Code, the only time a refund is granted by the COR for previously paid tax years is if there was an erroneous tax situation. In that case, the COR can refund up to three (3) years past taxes paid. If the Board so desires, it possesses the legal authority to authorize the Treasurer to refund the Church back taxes. Motion to refund three (3) years in taxes, totaling $8,799.66, to the First Pentecostal Holiness Church. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Ingram AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren b. Fire and Rescue Service Agreement (Staff Contact: Chris Key) The County’s Public Safety Department requires County Volunteer Fire and Rescue Agencies 7.b.c Packet Pg. 22 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting sign an annual Service Agreement that details expectations of both parties. At the Board’s May Meeting, the Board reviewed the Service Agreement and sent it back to the Fire and Rescue Commission (“FRC”) requesting two (2) changes. One (1) change added a clause to Section 6(b) of the Service Agreement regarding how dual service Agencies would be credited with getting the additional funding when it answers over seventy percent (70%) of calls in one (1) service but are under seventy percent (70%) in another service. The second change involved volunteers being cleared to return to active duty following a serious medical condition. The FRC discussed the issue and is working on it through a County Standard Operating Procedure (‘SOP”), instead of adding it to the Service Agreement. The Service Agreement does require all Agencies to follow County SOPs and guidelines. Scearce voiced his concerns regarding the accounting in item b(8) and asked if there could be something put in there for this current year. Warren stated that Harris, Harvey & Neal, CPAs, had confirmed that no one from the County had requested to ascertain specific donors’ identity’s during the previous Fire and Rescue Audit process. Motion to approve the revised Fire and Rescue Service Agreement. RESULT: APPROVED [6 TO 1] MOVER: Chesher SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Warren NAYS: Scearce NEW BUSINESS None. MATTERS FROM WORK SESSION (IF ANY) a. Finance Committee Recommendations Motion to approve the Finance Committee recommendations as presented in the Work Session. RESULT: APPROVED [UNANIMOUS] MOVER: Dalton SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren b. Berkley Group Work Order #2 Motion to approve the Berkley Group Work Order #2 for the County Administrator Search. 7.b.c Packet Pg. 23 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors June 21, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Chesher SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren BOARD MEMBER REPORTS • Dudley thanked everyone in attendance for their patience. Stated Patsy Trent attends his church and requested for everyone to lift her in prayer. • Scearce thanked County leadership and Goard for the deal that was made with Pearson's Appraisal Service regarding the newly discovered structures. • Barksdale thanked everyone for coming out to the Meeting. • Dalton thanked everyone for coming out and thanked County Staff for the great job they do. He also spoke on the Eastern Region Junior Angus Show at ODAC was held the past weekend and it was also Virginia Agricultural Week. • Ingram requested to remember Dean Combo, and he mentioned Danville-Pittsylvania Cancer and would like to get the word out regarding the free services they offer to cancer patients of the County and Danville City. He complimented Axxor on its $3.5M expansion project, as well as Commonwealth Home Healthcare, and Intertape. He also echoed Warren’s earlier comments on the importance of the Schools’ Sales Tax Referendum. COUNTY ADMINISTRATOR REPORTS None ADJOURNMENT Ingram adjourned the Meeting at 8:54 PM. 7.b.c Packet Pg. 24 Attachment: 06-21-2022 Business Meeting - DRAFT (3263 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-07-02 (Support for Williams’ Efforts to Build the SRE and the Electric Motor Driven Compressor Unit at Station 166 in the County) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: July 19, 2022 Item Number: 7.c Attachment(s): 2022-07-02 Support for Williams Efforts to Build the SRE and the Electric Motor Driven Compressor Unit at Station 166 in the County Reviewed By: SUMMARY: Williams is a national energy infrastructure company that owns and operates the Transco Natural Gas Pipeline, the largest natural gas pipeline by volume in the country. The proposed Transco Southside Reliability Project (“SRE”) consists of the following: a new electric motor driven compressor station in Mecklenburg County, Virginia, the addition of an electric motor driven compressor unit at Transco Compressor Station 166 (located in the Banister District of the County), and modifications to existing facilities in Iredell, Davidson, North Hampton, and Hertford Counties, North Carolina. Williams has requested the Board adopt a Resolution supporting the SRE Project. Accordingly, for the Board’s review and consideration, attached is Resolution # 2022-07-02, evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: For the reasons stated therein, County Staff recommends the Board adopt Resolution # 2022-07- 02 as attached and presented.” MOTION: “I make a Motion to adopt Resolution # 2022-07-02 as attached and presented.” 7.c Packet Pg. 25 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-07-02 ______________________________________________________________________________ Support for Williams’ Efforts to Build the SRE and the Electric Motor Driven Compressor Unit at Station 166 in the County _____________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting held on July 19, 2022, the following Resolution was presented and adopted: WHEREAS, Williams is a national energy infrastructure company that owns and operates the Transco Natural Gas Pipeline, the largest natural gas pipeline by volume in the country; WHEREAS, the Transco Southside Reliability Project (“SRE”) consists of the following: a new electric motor driven compressor station in Mecklenburg County, Virginia, the addition of an electric motor driven compressor unit at Transco Compressor Station 166 (located in the Banister District of Pittsylvania County, Virginia (“County”)), and modifications to existing facilities in Iredell, Davidson, North Hampton, and Hertford Counties, North Carolina. WHEREAS, the Board appreciates being respected and treated as a key stakeholder in the permitting process; and WHEREAS, the Board commends Williams for its willingness to listen, inform and engage on these issues in a transparent and open manner as demonstrated by its communication with nearby landowners, the general public, community organizations, and local government; and WHEREAS, the Board recognizes that Williams’ natural gas project will bring an economic boost to the County; and WHEREAS, the Board acknowledges and appreciates Williams’ ongoing efforts to work with the local community to develop the best project possible as demonstrated by Williams’ decision to utilize electric driven compressor units; and WHEREAS, the Board believes that Williams accepts its responsibility to the communities it serves and earned a reputation as a good neighbor and supporter the local community. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board supports Williams’ efforts to build the SRE and the electric motor driven compressor unit at Station 166 in the County, and looks forward to Williams’ ongoing partnership with the County and the local community. Given under my hand this 19th day of July, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) 7.c.a Packet Pg. 26 Attachment: 2022-07-02 Support for Williams Efforts to Build the SRE and the Electric Motor Driven Compressor Unit at Station 166 in the Pittsylvania County Board of Supervisors __________________________________________ Clarence Monday (Clerk) Pittsylvania County Board of Supervisors Vote William V. (“Vic”) Ingram ___ Jessie L. Barksdale ___ Timothy W. Chesher ___ Darrell W. Dalton ___ Timothy W. Dudley ___ Ronald S. Scearce ___ Robert (“Bob”) W. Warren ___ Ayes __ Nays __ Abstentions __ 7.c.a Packet Pg. 27 Attachment: 2022-07-02 Support for Williams Efforts to Build the SRE and the Electric Motor Driven Compressor Unit at Station 166 in the Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-07-01 (Support of MVP’s FERC Certificate Extension) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: July 19, 2022 Item Number: 7.d Attachment(s): 2022-07-01 MVP Certificate Extension Reviewed By: SUMMARY: The Mountain Valley Pipeline ("MVP") is a proposed underground interstate natural gas pipeline that will span three hundred and three (303) miles from northwestern West Virginia to southern Virginia ("Project'). Currently, the total Project is nearly ninety-four percent (94%) complete, with all three (3) compression stations one hundred percent (100%) complete, ninety percent (90%) of all pipeline work complete, and more than fifty percent (50%) of full restoration of the right-of-way complete. Equitrans Midstream Corporation will operate the Project and it is anticipated that the Project will be fully operational in the second half of 2023. In 2017, and after three (3) years of review, the Federal Energy Regulatory Commission ("FERC") issued a Certificate of Public Convenience and Necessity ("Certificate") for the Project. FERC issued an extension of two (2) years in 2020 due to ongoing legal challenges that prevented the Project from being completed as originally scheduled. On June 24, 2022, MVP requested an extension of its Certificate for four (4) years to provide predictability and stability about the status of the Project’s central federal authorization while agencies work to finalize outstanding permits that will allow MVP to complete construction. For the Board’s review and consideration, Resolution # 2022-07-01 is attached supporting, for reasons stated therein, MVP’s FERC certificate extension request. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2022=07-01 as attached and presented. MOTION: “I make a Motion to adopt Resolution # 2022-07-01 as attached and presented.” 7.d Packet Pg. 28 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-07-01 SUPPORT FOR MOUNTAIN VALLEY PIPELINE'S FERC CERTIFICATE EXTENSION At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting held on July 19, 2022, the following Resolution was presented and adopted: WHEREAS, the Mountain Valley Pipeline ("MVP") is a proposed underground interstate natural gas pipeline that will span three hundred and three (303) miles from northwestern West Virginia to southern Virginia ("Project'); and WHEREAS, currently, the total Project is nearly ninety-four percent (94%) complete, with all three (3) compression stations one hundred percent (100%) complete, ninety percent (90%) of all pipeline work complete, and more than fifty percent (50%) of full restoration of the right-of- way complete; and WHEREAS, Equitrans Midstream Corporation will operate the Project and it is anticipated that the Project will be fully operational in the second half of 2023; and WHEREAS, in 2017, and after three (3) years of review, the Federal Energy Regulatory Commission ("FERC") issued a Certificate of Public Convenience and Necessity ("Certificate") for the Project; and WHEREAS, FERC issued an extension of two (2) years in 2020 due to ongoing legal challenges that prevented the Project from being completed as originally scheduled; and WHEREAS, on June 24, 2022, MVP requested an extension of its Certificate for four (4) years to provide predictability and stability about the status of the Project’s central federal authorization while agencies work to finalize outstanding permits that will allow MVP to complete construction. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Board does hereby fully support MVP's FERC Certificate extension for the following non-exhaustive reasons: • Completing the Project and fully restoring the right-of-way is the most effective way to prevent erosion and sediment control issues; • The Project's capacity if fully subscribed (meaning, it has all been purchased); • According to market analyses by Wood Mackenzie, global energy consultant, demand for natural gas pipeline transportation capacity in the Southeastern and Mid-Atlantic Regions support the Project; • Natural gas is the preferred fuel source of major manufacturers; 7.d.a Packet Pg. 29 Attachment: 2022-07-01 MVP Certificate Extension (3256 : Resolution # 2022-07-01 (Support of MVP’s FERC Certificate Extension) Adoption • Once the Project is operational, it will generate approximately ten million dollars ($10,000,000) of new annual ad valorem tax revenue for Virginia localities along the route; • In the summer of 2018, approximately two thousand and five hundred (2,500) workers were employed on the Project's construction in Virginia, with roughly a third (1/3) of those being Virginia residents; • Once operational, the Project will generate up to one million and eight hundred thousand dollars ($1,800,000) of new ad valorem taxes (property taxes) in Pittsylvania County; • The federal government has credited the increased use of natural gas and the declining use of coal as a major factor in the reduction in carbon emissions in the United States by more than eleven percent (11 %) between 2008 and 2017; and • The Project is being built using best practices and modern safety features, including 24/7 remote monitoring. BE IT FURTHER RESOLVED, that the Board does hereby authorize the Board Clerk, or designee, to submit this Resolution into the record under the public comment portion of the related pending Project FERC Certificate Extension Request Hearing. Given under my hand this19th day of July, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Clarence C. Monday (Interim County Administrator) Pittsylvania County Board of Supervisors 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. 30 Attachment: 2022-07-01 MVP Certificate Extension (3256 : Resolution # 2022-07-01 (Support of MVP’s FERC Certificate Extension) Adoption Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-07-04 (Smart Scale Applications Support) Adoption (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: July 19, 2022 Item Number: 7.e Attachment(s): 2022-07-04 Smart Scale Applications Support Reviewed By: SUMMARY: The Virginia Department of Transportation (“VDOT”) administers the Smart Scale Program with the goal of investing limited funding in Projects that will meet the most critical transportation needs in Virginia. The County and the West Piedmont Planning District Commission submitted preapplications for five (5) County Smart Scale Projects. These preapplications were screened by VDOT and determined to meet the requirements for Project eligibility and readiness require to submit full applications. Final applications are due August 1, 2022, and a local Resolution of Support is required. For the Board’s review and consideration, Resolution # 2022-07-04, evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends that the Board approve Resolution # 2022-07-04 as attached and presented. MOTION: “I make a Motion to approve Resolution # 2022-07-04 as attached and presented.” 7.e Packet Pg. 31 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-07-04 ______________________________________________________________________________ SUPPORT FOR COUNTY SMART SCALE PROJECTS ______________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on July 19, 2022, the following Resolution was presented and adopted: WHEREAS, the Virginia Department of Transportation (“VDOT”) administers Smart Scale with the goal of investing limited tax dollars in the right Projects that meet the most critical transportation needs in Virginia; and WHEREAS, Projects are funded through a prioritization process that evaluates each Project’s merits using key factors, including improvements to safety, congestion reduction, accessibility, land use, economic development, and the environment; and WHEREAS, Pittsylvania County, Virginia (“County”) and the West Piedmont Planning District Commission submitted preapplications to be considered for funding; and WHEREAS, the following Projects were initially screened and determined to meet the requirements of Project eligibility and readiness needed to submit a full Smart Scale application: • Berry Hill Connector Road Extension: The project involves the widening of a programmed connector road, UPC 115493 in the Six-Year Improvement Program, extending from the existing interchange of Oak Ridge Farms Road (Route 1260) and the Danville Expressway (U.S. Route 58) west to link with existing Berry Hill Road (U.S. 311) in Pittsylvania Co. The expansions will widen the two-lane section of roadway (UPC 115493) to a total of four lanes, comprising two median-divided sections having two 12-foot lane pairs each, plus shoulders. The project would also include the conversion of the existing interchange at Oak Ridge Farms Road and the Danville Expressway to a Diverging Diamond interchange to accommodate traffic traveling on the fully built (four-lane) connector road, as noted on Page 30 of the Southern Virginia Mega Site Transportation Network Improvements Operational Analysis Report. • US Route 58 at Route 622 ICWS: Installation of an Intersection Conflict Warning System (ICWS) on US Route 58 at the intersection of Route 622 (W Fork Rd/Cascade Rd) • US Route 29 at Spring Garden Rd Turn Lane Improvements: Extend the right northbound right-turn lane and install a northbound left-turn lane on US 29 at Route 640 (Spring Garden Road/Woodcrest Drive) • U.S. Route 29 at Malmaison Road Roundabout: Reconfigure the intersection at U.S. 29 and Malmaison Road to a roundabout. Convert the existing median opening south of the intersection to a left-in only. 7.e.a Packet Pg. 32 Attachment: 2022-07-04 Smart Scale Applications Support (3281 : Resolution # 2022-07-04 (Smart Scale Applications Support) Adoption (Staff • U.S. 29 at Lawless Creek Road: Reconfigure the intersection at U.S. 29 and Lawless Creek Road to a single-lane roundabout; and WHEREAS, these Projects are in the public interest and will benefit both County residents those travelling through the County. NOW, THEREFORE, BE IT RESOLVED, the Board endorses and supports the Smart Scale applications listed herein and respectfully requests support for these projects from VDOT and the Commonwealth Transportation Board (“CTB”); and FINALLY, BE IT RESOLVED, that a copy of this adopted Resolution be forwarded to the VDOT Commissioner and the CTB. Given under my hand this 19th day of June, 2022. ____________________________________________ William V. (“Vic”) Ingram Pittsylvania County Board of Supervisors, Chairman ___________________________________________ Clarence C. Monday Pittsylvania County Board of Supervisors, Clerk 7.e.a Packet Pg. 33 Attachment: 2022-07-04 Smart Scale Applications Support (3281 : Resolution # 2022-07-04 (Smart Scale Applications Support) Adoption (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County Issued Property Upon Employment Separation Policy Revision Approval (Staff Contact: Holly E. Stanfield) Staff Contact(s): Holly E. Stanfield Agenda Date: July 19, 2022 Item Number: 7.f Attachment(s): County owned equipment policy Reviewed By: SUMMARY: County Human Resources (“HR”) Staff believes the County Issued Equipment Upon Separation of Employment Policy (“Policy”) needs to be revised to reflect the Board Bylaws. For the Board’s review and consideration, attached are the proposed revisions to the Policy. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County HR Staff recommends the Board adopt the revisions to the Policy as attached and presented. MOTION: “I make a Motion to adopt the revisions to the Policy as attached and presented.” 7.f Packet Pg. 34 COUNTY OWNED PROPERTY UPON EMPLOYMENT SEPARATION POLICY No County employee or elected official shall be able to purchase County-issued property used in the performance of their County work, employment, service, or duties upon separation or retirement from the County. This Policy shall not apply to the right of Sheriff Department employees to purchase their County-issued service handgun for $1.00 upon separation from County employment or retirement, as authorized by § 59.1-148.3, Code of Virginia, 1950, as amended. 7.f.a Packet Pg. 35 Attachment: County owned equipment policy (3268 : County Issued Property Upon Employment Separation Policy Revision Approval (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Re-appointment: Library Board (Dan River District); (Janice Fitts); (Supervisor Chesher) Staff Contact(s): Supervisor Chesher Agenda Date: July 19, 2022 Item Number: 7.g Attachment(s): Reviewed By: SUMMARY: Janice Fitts (“Fitts”) is currently the County Library Board’s Dan River District Representative. Her term expired at the end of June and Supervisor Chesher desires to re-appoint Fitts for a new four (4)-year term beginning on July 19, 2022, and ending on June 30, 2026. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board re-appoint Fitts as the County Library Board’s Dan River District Representative for a new four (4)-year term beginning on July 19, 2022, and ending on June 30, 2026. MOTION: “I make a Motion to re-appoint Fitts as the County Library Board’s Dan River District Representative for a new four (4)-year term beginning on July 19, 2022, and ending on June 30, 2026.” 7.g Packet Pg. 36 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: DPCS (Westover District); (Gayle Breakley); (Supervisor Scearce) Staff Contact(s): Supervisor Scearce Agenda Date: July 19, 2022 Item Number: 7.h Attachment(s): Reviewed By: SUMMARY: The DPCS’ Westover District Representative seat is currently vacant. Supervisor Scearce desires to appoint Gayle Breakley (“Breakley”) to fill an unexpired term for said seat beginning on July 19, 2022, and ending on June 30, 2023. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board appoint Breakley to the DPCS Board to fill an unexpired term for the Westover District Representative beginning on July 19, 2022, and ending on June 30, 2023. MOTION: “I make a Motion to appoint Breakley to the DPCS Board to fill an unexpired term for the Westover District Representative beginning on July 19, 2022, and ending on June 30, 2023.” 7.h Packet Pg. 37 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Re-appointment: CPMT (Parent Representative); (Amy Edwards); (Staff Contact: Cheryl J. Boswell) Staff Contact(s): Cheryl J. Boswell Agenda Date: July 19, 2022 Item Number: 7.i Attachment(s): Reviewed By: SUMMARY: Virginia Code § 2.2-5205 authorizes the Board to appoint members to the County’s Community Policy and Management Team (“CPMT”). FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff and Cheryl J. Boswell, CSA Coordinator, recommend that the Board re-appoint Amy Edwards as CPMT Parent Representative for a term effective July 19, 2022, through June 30, 2023. MOTION: “I make a Motion to re-appoint Amy Edwards as CPMT Parent Representative for a term effective July 19, 2022, through June 30, 2023.” 7.i Packet Pg. 38 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Re-appointment: CPMT (Private Provider); (Monica Karavanic); (Staff Contact: Cheryl J. Boswell) Staff Contact(s): Cheryl J. Boswell Agenda Date: July 19, 2022 Item Number: 7.j Attachment(s): Reviewed By: SUMMARY: Virginia Code § 2.2-5205 authorizes the Board to appoint members to the County’s Community Policy and Management Team (“CPMT”). FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff and Cheryl J. Boswell, CSA Coordinator, recommend that the Board re-appoint Monica Karavanic as CPMT Private Provider for a term effective July 19, 2022, through June 30, 2023. MOTION: “I make a Motion to re-appoint Monica Karavanic as CPMT Private Provider for a term effective July 19, 2022, through June 30, 2023.” 7.j Packet Pg. 39 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County/Danville/VADEQ Memorandum of Agreement Execution Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: July 19, 2022 Item Number: 7.k Attachment(s): MOA Danville_Berry Hill_6Jul22_for signatures Reviewed By: SUMMARY: The County and the City of Danville, Virginia (“Danville”), have jointly worked with its local state representatives to draft legislation which was ultimately approved by the General Assembly (House Bill 184). This legislation enables stormwater management permitting and approval for RIFA properties to be administered by a participating locale, if that locale has “opted in” to administer the Virginia Stormwater Management Program (“VSMP”) locally. The County has not “opted in,” while Danville has, meaning that Danville will be able to review, approve, and administer VSMP permits for DP-RIFA properties; thereby, greatly reducing permitting and review times for stormwater permits from up to ninety (90) days (as currently done with the State) now, to down to as little as ten (10) days (or possibly even less). Per House Bill 184, all participating locales and VADEQ must execute an Administration Agreement. For the Board’s review and consideration, attached is a Memorandum of Agreement (“MOA”). Said MOA has already been approved to form by all parties, and Danville has already formally approved the MOA. A similar MOA will also be presented to the Board for the Staunton River RIFA property. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends that the Board approve the MOA as attached and presented. MOTION: “I make a Motion to approve the MOA as attached and presented.” 7.k Packet Pg. 40 MEMORANDUM OF AGREEMENT Page 1 of 5 This MEMORANDUM OF AGREEMENT (Agreement) is made as of this ___ day of July 2022 among the VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ), the CITY OF DANVILLE, VIRGINIA (Danville), PITTSYLVANIA COUNTY, VIRGINIA (Pittsylvania County), and the DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY (Authority). WHEREAS, to ensure the protection of water quality and the environment, the Code of Virginia establishes programs for stormwater management, the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia), and erosion and sediment control, the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia); WHEREAS, under the Erosion and Sediment Control Law, counties and cities (locality or localities) are required to adopt and administer a Virginia Erosion and Sediment Control Program (VESCP) for land-disturbing activities consistent with the provisions of the Erosion and Sediment Control Law (§ 62.1-44.15:54 of the Code of Virginia); WHEREAS, under the Stormwater Management Act, a locality that operates a regulated municipal separate storm sewer system (MS4) is required to adopt and administer a Virginia Stormwater Management Program (VSMP) for land-disturbing activities consistent with the provisions of the Stormwater Management Act (§ 62.1-44.15:27 of the Code of Virginia); WHEREAS, DEQ operates a VSMP on behalf of any locality that does not operate a regulated MS4 and that does not notify the Department of its decision to participate in the establishment of a VSMP (§ 62.1-44.15:27 of the Code of Virginia); WHEREAS, Danville operates a regulated MS4 and has adopted a VSMP consistent with the Stormwater Management Act, such that Danville is the VSMP authority for land-disturbing activities in Danville; WHEREAS, Pittsylvania County has adopted a VESCP consistent with the Erosion and Sediment Control Law, such that Pittsylvania County is the VESCP authority for land-disturbing activities in Pittsylvania County; WHEREAS, Pittsylvania County has decided not to establish its own VSMP and relies on DEQ to be the VSMP authority for land-disturbing activities in Pittsylvania County; WHEREAS, Danville and Pittsylvania County are locality members of the Danville-Pittsylvania Regional Industrial Facility Authority (Authority), a regional industrial facility authority established pursuant to Chapter 64 (§ 15.2-6400 et seq.) of the Code of Virginia; WHEREAS, the Authority controls property located entirely within Pittsylvania County that is known as the Southern Virginia Megasite at Berry Hill (Berry Hill megasite); WHEREAS, Chapter 160 of the 2022 Acts of Assembly (House Bill 184) amends § 62.1- 44.15:27 of the Code of Virginia by adding the following: In the case of a land-disturbing activity located on property controlled by a regional industrial facility authority established pursuant to Chapter 64 (§ 15.2-6400 et seq.) of Title 15.2, if a participating local member of such an authority also administers a VSMP, such locality shall be authorized to administer the VSMP on authority property, in accordance with an agreement entered into with all relevant localities and the existing VSMP for the property.[;] 7.k.a Packet Pg. 41 Attachment: MOA Danville_Berry Hill_6Jul22_for signatures (3259 : County/Danville/VADEQ Memorandum of Agreement Execution Approval MEMORANDUM OF AGREEMENT Page 2 of 5 WHEREAS, Danville is a participating member of the Authority and also administers a VSMP; and WHEREAS, DEQ, Danville, Pittsylvania County, and the Authority have agreed to have Danville administer the VSMP at the Berry Hill megasite; NOW, therefore, DEQ, Danville, Pittsylvania County, and the Authority agree as follows: 1. Virginia Erosion and Sediment Control Program. Pittsylvania County maintains authority and responsibility for implementing erosion and sediment control program requirements as the VESCP authority for land-disturbing activities in Pittsylvania County. 2. Review of Stormwater Management Plans and Registration Statements. Pursuant to Chapter 160 of the 2020 Acts of Assembly and this Agreement, Danville will receive and review individual project- specific plans and registration statements for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities that involve proposed land-disturbing activities at the Berry Hill megasite in accordance with its obligations as a VSMP authority and Chapter 13 of the Danville, Virginia Code of Ordinances (Danville SWM Ordinance). DEQ will not act as the VSMP for land disturbing activities at the Berry Hill megasite as long as this Agreement is in effect. 3. Compliance and Inspection Site Visits. Danville, acting as the VSMP authority for land- disturbing activities at the Berry Hill megasite, will perform compliance and inspection activities in accordance with its obligations as a VSMP authority and the Danville SWM ordinance. To the extent practicable, Danville will notify Pittsylvania County and DEQ at least five (5) business days in advance of planned compliance and inspection site visits to land-disturbing activities at the Berry Hill megasite as well as two (2) business days, when practicable, in advance of any unplanned inspection site visits (e.g., emergency or complaint-based inspections) to land-disturbing activities at the Berry Hill megasite. Notification of compliance and inspection site visits shall be made by telephone or email to the Contacts as set forth below: DEQ Blue Ridge Regional Office Stormwater Program Manager 540-562-6700 Emily S. Ragsdale, AICP Director of Community Development, Pittsylvania County 434-432-7974 Emily.Ragsdale@pittgov.org Once notified, if DEQ or Pittsylvania County intends on accompanying Danville on a site visit, each shall contact Danville at the following to coordinate information and logistics: Kenneth C. Gillie, Jr. Director of Community Development, City of Danville 434-799-5260 Gillikc@danvilleva.gov 7.k.a Packet Pg. 42 Attachment: MOA Danville_Berry Hill_6Jul22_for signatures (3259 : County/Danville/VADEQ Memorandum of Agreement Execution Approval MEMORANDUM OF AGREEMENT Page 3 of 5 During any such site visits, Danville, Pittsylvania County, DEQ, and their respective employees and agents will comply with minimum site inspection safety requirements for construction, including the use of personal protective equipment (PPE) while conducting inspections. Should more stringent safety requirements exist in Pittsylvania County, Pittsylvania County will convey those requirements to DEQ and/or Danville staff prior to entering the site. With respect to Pittsylvania County and this Agreement, the scope of any inspection site visit shall be limited solely to erosion and sediment control. This paragraph does not create an obligation for DEQ or Pittsylvania County to accompany Danville on any compliance or inspection site visit related to land-disturbing activities at the Berry Hill megasite. Nothing in this paragraph shall be construed to convey to Danville any of DEQ’s exclusive authority to administer the enforcement of the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) or the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia). 4. Enforcement. Danville, acting as the VSMP authority for land-disturbing activities at the Berry Hill megasite, shall enforce the Danville SWM Ordinance in accordance with the requirements in section 13-55 of the Danville SWM Ordinance. 5. Fees. Danville, acting as the VSMP authority for land-disturbing activities at the Berry Hill megasite, is authorized to assess fees for implementation of the VSMP in accordance with section 13-56 of the Danville SWM Ordinance. 6. Amendment, Modification, and Termination. This Agreement may be amended or modified only by written, mutual agreement of the parties. DEQ, Danville, or Pittsylvania County may terminate this Agreement by providing written notice to the Authority and other parties. The termination shall be effective upon the sixtieth calendar day following notice, unless a later date is set forth. In the event of termination, DEQ shall resume the role of VSMP authority for the Berry Hill megasite. Notice of amendment, modification, and termination shall be provided to: Melanie D. Davenport (804) 698-4038 Director, Water Permitting Division Virginia Department of Environmental Quality P.O. Box 1105 Richmond Virginia 23218 Melanie.Davenport@deq.virginia,.gov W. Clarke Whitfield, Jr. (434) 799-5122 City Attorney City of Danville Virginia427 Patton Street Danville, Virginia 24541 WhitCC@danvilleva.gov J. Vaden Hunt (434) 432-7720 County Attorney Pittsylvania County Virginia P.O. Box 426 Chatham, Virginia 24531 Vaden.Hunt@pittgov.org 7.k.a Packet Pg. 43 Attachment: MOA Danville_Berry Hill_6Jul22_for signatures (3259 : County/Danville/VADEQ Memorandum of Agreement Execution Approval MEMORANDUM OF AGREEMENT Page 4 of 5 William V. Ingram (434) 797-8928 Chairman Danville-Pittsylvania Regional Industrial Facility Authority P.O. Box 3300 Danville, VA 24543 427 Patton Street Danville, Virginia 24541 7. Effective Date. This Agreement shall be effective upon its execution by the date of the last approving signature among DEQ, Danville, Pittsylvania County and the Authority and will remain in effect indefinitely until suspended, rescinded, or modified by written mutual agreement of the parties. 8. Venue. The parties hereby agree that all claims in respect of any action or proceeding arising out of, or related to this Agreement shall be heard or determined only in the state court located in Danville, Virginia, or Pittsylvania County, Virginia. Remainder of page intentionally been left blank; signature page follows. 7.k.a Packet Pg. 44 Attachment: MOA Danville_Berry Hill_6Jul22_for signatures (3259 : County/Danville/VADEQ Memorandum of Agreement Execution Approval MEMORANDUM OF AGREEMENT Page 5 of 5 Witness the following duly authorized signatures: Virginia Department of Environmental Quality By: _____________________________________ Mike Rolband Director Date: City of Danville By: _____________________________________ Kenneth F. Larking City Manager Date: Pittsylvania County By: _____________________________________ William V. Ingram Chairman of Board of Supervisors Date: Danville-Pittsylvania Regional Industrial Facility Authority By: _____________________________________ William V. Ingram Chairman Date: 7.k.a Packet Pg. 45 Attachment: MOA Danville_Berry Hill_6Jul22_for signatures (3259 : County/Danville/VADEQ Memorandum of Agreement Execution Approval Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock) Staff Contact(s): Chris Adcock Agenda Date: July 19, 2022 Item Number: 7.l Attachment(s): Landfill Scale Agenda Item Reviewed By: SUMMARY: The existing scale at the County Landfill is over twenty-five (25) years old and has been budgeted for replacement. Before a replacement could be acquired and during a recent inspection, structural issues were identified that required the scale to be closed and a temporary scale installed. To expedite the Procurement process, County Solid Waste Staff identified an existing scale Invitation for Bid (“IFB”) from another Virginia locality, Southeastern Public Service Authority in Chesapeake, that included Cooperative Procurement language that allows other localities to utilize any contract that results from that Procurement. For the Board’s review and consideration, attached is the cover page of the Chesapeake IFB, the IFB page showing the Cooperative Procurement language wording, a letter from the supplier, Fairbanks Scales, confirming the quote is based on the Chesapeake IFB and the County’s quote. FINANCIAL IMPACT AND FUNDING SOURCE: The quote for the new scale, including an additional option of concrete safety curbing, totals $131,403.28. The current Solid Waste Budget includes $125,000 for a new County Landfill scale. The balance will come from Solid Waste Capital Reserves. RECOMMENDATION: County Solid Waste Staff recommends the Board approve the purchase of the new scale, including the optional safety curbing, from Fairbanks Scales. MOTION: “I make a Motion to authorize the County Administrator to accept the proposal from Fairbanks Scales for the purchase of a new County Landfill scale, including the optional safety curbing, in the amount of $131,403.28.” 7.l Packet Pg. 46 INVITATION FOR BID for Above Ground Truck Scale IFB 12-21 Issued: June 16, 2021 Pre-Bid: June 22, 2021 Due Date: June 29, 2021 Southeastern Public Service Authority (SPSA) 723 Woodlake Drive, Chesapeake, VA 23320 757.420.4700 www.spsa.com 7.l.a Packet Pg. 47 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) -13- IFB 12-21 SECTION V SPECIFIC TERMS AND CONDITIONS 1. BID ACCEPTANCE PERIOD: Any bid delivered in response to this IFB shall be valid for ninety (90) days (Acceptance Period). At the end of the Acceptance Period the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at the end of the Acceptance Period, then it remains in effect until an award is made or the IFB is canceled. 2. CANCELLATION OF CONTRACT: SPSA reserves the right to cancel and terminate any contract, in part or in whole, without penalty, upon sixty (60) days written notice to the contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding 3. AS BUILT DRAWINGS: The contractor shall provide SPSA a clean set of reproducible “as built” drawings and wiring diagrams, marked to record all changes made during installation or construction. The contractor shall also provide SPSA with maintenance manuals, parts lists and a copy of all warranties for all equipment. All “as built” drawings and wiring diagrams, maintenance manuals, parts lists and warranties shall be delivered to SPSA upon completion of the work and prior to final payment. 4. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by bidder within any 12-month period is $750,000 or more, the bidder is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a “CLASS A CONTRACTOR.” If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by bidder within any 12-month period is $150,000 or more, but less than $750,000 or more, the bidder is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is over $1,000 but less than $10,000, or if the contractor does less than $150,000 in business in a 12-month period, the bidder is required to be licensed as a “CLASS C CONTRACTOR.” The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate, inserting his contractor license number: Licensed Class A Virginia Contractor No. _____ Specialty __________ Licensed Class B Virginia Contractor No. _____Specialty __________ Licensed Class C Virginia Contractor No. _____Specialty __________ If the bidder shall fail to provide this information on his bid or on the envelope containing the bid and shall fail to promptly provide said contractor license number to SPSA in writing when requested to do so before or after the opening of bids, he shall be deemed to be in violation of § 54.1 1115 of the Code of Virginia (1950), as amended, and his bid will not be considered. If a bidder shall fail to obtain the required license prior to submission of his bid, the bid shall not be considered. 5. COOPERATIVE PROCUREMENT: This procurement is being conducted on behalf of the Southeastern Public Service Authority of Virginia (SPSA), and other public bodies in accordance with the provisions of §2.2-4304 of the Virginia Public Procurement Act. A contract resulting from this procurement may be used by other public bodies to purchase at contract prices and in accordance with the contract terms, if approved by Contractor. The Contractor shall deal directly with any public body it approves to use the contract. Failure to extend a contract to another public body will have no effect on consideration of Contractor’s bid/proposal. With the approval of the Contractor, any public body using the resultant contract has the option of executing a separate contract with the Contractor to add terms and conditions required by statute, ordinances, or regulations, or to remove terms and conditions which conflict with its governing statutes, ordinances, or regulations. SPSA, its officials and staff are not responsible for placement of orders, invoicing, payments, contractual disputes, or any other transactions between the Contractor and any other public body, and in no event shall the SPSA, its officials or staff be responsible for any costs, damages or injury resulting to any party from use of a SPSA contract. If, when preparing such a contract, the additional terms and conditions of a public body seeking to purchase pursuant to cooperative procurement are unacceptable to the Contractor, the Contractor may withdraw its consent to extension of the contract to that particular public body. SPSA assumes no responsibility for any notification of the availability of the contract for use by other public bodies, but the Contractor may carry out such notification. 6. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless SPSA, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor and/or any services of any kind or nature furnished by the contractor, unless such liability is solely attributable to the gross negligence or willful misconduct of SPSA. 7. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the 7.l.a Packet Pg. 48 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) Good afternoon, Thank you for the opportunity to quote! Please find attached quotation for a truck scale replacement at the Pittsylvania County Landfill as per request. This quotation reflects pricing from an open bid for Southeastern Public Service, or SPSA, awarded July 2021 for their 2022 fiscal year. Scale was installed at the Chesapeake Transfer Station at 901 Hollowell Lane. Their bid number was “IFB 12-21 Bid Date June 29, 2021 / ABOVE GROUND TRUCK SCALE”. Fairbanks Scales will hold to this public bid pricing on equipment quoted. Some slight changes have been made due to a few site-specific needs, additional groundwork and upgrading to the requested 24” high rub rails for local safety concerns. Please note that this quotation is good for 30 days. Our current production lead time coming out of our factory would put a scale on the ground at your location in mid-late October. Once PO is received and ordered entered with the factory, I can give you a start date of the foundation work as well as a scale delivery date. We look forward to working with you! Michael Christensen / Fairbanks Scales mchristensen@fairbanks.com 252-375-6308 6/27/2022 7.l.a Packet Pg. 49 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) Michael Christensen | Fairbanks Scales | Email: mchristensen@fairbanks.com | Phone: 363-375-6308 WEIGHING SOLUTIONS FOR THE WORLD Chris Adcock Michael Christensen Chris.Adcock@pittgov.org mchristensens@fairbanks.com Tel. (434) 432-7136 (direct 252-375-6308 Pittsylvania County Landfill 6/27/2022 382 Dry Fork, VA 24549 Quote # QUO-20974-X4W0Z9 11x70 Fairbanks Talon HV Series with Concrete Deck The Fairbanks Talon HV series aboveground scale provides you with a robust weighbridge and our Intalogix Technology. This scale will be utilizing a Digital Signal versus and Analog Signal with outstanding diagnostics and superb accuracy. Our Intalogix system transformed the truck scale industry with unsurpassed lightning protection and supreme diagnostics. Fairbanks continually improves our scale design with lessons learned in real life applications. With Intalogix Fairbanks Scales Inc. offers standard, a 25-year loadcell warranty when accompanied with a signed Bi-Annual Maintenance Agreement. Fairbanks Scales Inc. also offers a 10 lb. Commercial Division for higher accuracy and inventory control. Proposed work: Demo old scale, fill and compact pit for new scale to be constructed over old pit foundation. This proposed scale will be constructed for two-way traffic. The scale operation will be controlled by the existing scale house attendant and communication with driver through the Fairbanks Intercom System at each end of the scale. A traffic light/display will be mounted on a pole at each end so the approaching driver can see the scale reads zero before entering, as per code. Traffic controlled via the scale instrument in the scale house by attendant. The intercom will also be mounted on this same pole. The above ground foundation for this scale will include a pier and washout slab foundation, ten-foot concrete approaches, and ramps. Approaches and ramps constructed in accordance with States code for above ground truck scales. The scale deck will be a 10” thick site poured concrete finished deck. The scale itself will also be equipped with 24” high Rub Rails as a safety feature and alignment for the drivers while on the scale. Adder: Concrete Safety Curbing on ramps and 10’ approaches to help keep vehicles aligned while entering and exiting scale ramps. $3200.00 (add to quote total if desired) Timing: Demo and construction of the foundation, approaches, ramps, piers, and pouring the deck will take 5-7 days. The concrete cure time for the weighbridge/deck is an additional 28 days. At that point, once cured, Fairbanks will return and calibrate the scale and ready for use and put into service with VA Weights and Measurements. 1-2 days. Currently scheduling construction and scale deliveries for October 2022. Actual start date to be determined once PO is received and order is place at the factory. 7.l.a Packet Pg. 50 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) Fairbanks Scales QUO-20974-X4W0Z9 Page 2 of 6 Michael Christensen | Fairbanks Scales | Email: mchristensen@fairbanks.com | Phone: 363-375-6308 Accepted by: Signature line Date: Print name PO #: Fairbanks Responsibilities: 1. All labor and truck charges are included. (non-union labor) 2. All work is performed and priced for work to take place during Fairbanks normal business working hours. 3. Testing and adjusting to Handbook 44 requirements and/or per local State Weights & Measures scale requirement guidelines if necessary. Scales shall be appropriately calibrated such that it is ready to be placed in service by the local governing authority and legal for trade. 4. Any construction or demo debris to be piled and left on site for removal by others. 5. Fairbanks Scales is not responsible for any unforeseen delays during the project such as underground obstructions or acts of God. 6. All labor/truck & travel charges are included based on the site being cleared, compacted and ready for construction or installation at time of scheduled start date. 7. Install and anchor scale, crane included. 8. Install and wire all electronic associated with this quotation. Intercom, instrument, and displays with traffic lights. Foundation Contractor’s Responsibilities: 1. Scale foundation to be constructed per Fairbanks plans in accordance with State regulations 2. Pour two pedestal bases for 10’ display poles. 3. Form and pour new foundation, 10’ approaches, ramps. 4. Install and anchor new scale, crane included. 5. Pour and finish new concrete deck per manufactures requirements. 6. Clean up after deck pour, including paint touch up. Customer Responsibilities: 1. Provide all information about buried utilities, underground structures, and appropriate markings of same. 2. Providing clean and acceptable power outlets to display poles, and three 1 ½” conduits to remote display/instrumentation poles at the scale site for our homerun and communication cables. 3. Any necessary permitting, if required. 4. Sales Tax (unless exempt – requires copy of exempt certificate) 5. Shipping (estimated on quotation) 6. Site to be leveled and compacted, construction ready, to meet foundation psf requirement. Exit ramp area to be prepped, leveled, and compacted for approach, and ramp on exit due to current grade fall where ramp will need to go. 7. Demo debris and old scale to be left off to the side and deposed of by customer. 8. Supply all needed aggregate to fill old pit and to construct ramp base material. 9. Traffic control and current operation and manpower to keep rental scale operational during new scale construction. 10. Camera system, pole, and software by others. 7.l.a Packet Pg. 51 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) Fairbanks Scales QUO-20974-X4W0Z9 Page 3 of 6 Michael Christensen | Fairbanks Scales | Email: mchristensen@fairbanks.com | Phone: 363-375-6308 Thank you for the operrtunity to quote you for your customized scale needs at the landfill! Your local Fairbanks team will be here from start to finish and service for years to come. No middleman to pass blam, just full accountability from the manufacturing of your scale and related equipmant to prompt service by our local team to keep you running smooth and trouble free for years to come. 7.l.a Packet Pg. 52 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) Fairbanks Scales QUO-20974-X4W0Z9 Page 4 of 6 Michael Christensen | Fairbanks Scales | Email: mchristensen@fairbanks.com | Phone: 363-375-6308 Schedule of Materials Catalog Number Description QTY 161170 TALON HV FIELD POUR 70' x 11' 1 90811 ABOVE GROUND FOUNDATION DWG 1 37467 FB7112 INTALOGIX NEMA 4X INST 1 17216 4 CONDUCTOR 22 GA SERIAL CABLE 300 17246 6 CONDUCTOR MULTICOLOR CABLE 100 98079 PIT: Foundation, approaches and ramp construction. 1 98078 INSTALLATION: Product installation of quoted equipment. 1 Freight Freight Estimate 1 91681D RUB RAIL DUAL 70' (24” high) 1 29000 1605T DISPLAY W/TRAFFIC LIGHT 2 155647 POLE KIT-10' FOR RMT or DTA 2 15807 REMOTE DISPLAY MOUNTING PLATE 2 15809 1400-4 ACC 4" U-CLAMP 2 29539 INTERCOM SYSTEM, PERF SERIES 1 29545 INTERCOM CALL STATION W/CALL 2 17204 6 CONDUCTOR 18 GA LOADCELL CBL 300 Estimated Freight1 $4978.00 Applicable Taxes To Be added Total $128,203.28 Payment Terms: Net 30 upon approved credit, invoiced on three milestones: 1-Foundation completion, 2- Equipment shipment, 3- Installation completion. There will be a 20% cancelation fee (details in item #5 of attached Terms). Lead Time: At the time of quotation Lead Time is currently Oct 2022. Lead time will be updated after credit approval at point of award. Price Validity: All prices are firm for thirty (30) days from the date of this proposal. Pricing based on ship date occurring within Sixty (60) days of order date or next available production date. Any schedule beyond that period may require repricing. Freight: 1The shipping quote provided is for budgetary use only. Shipping costs will vary based on shipping method and carrier requested at time of shipment- actual freight charges will be billed “Prepaid and Add” to invoice. Fairbanks Scales arranges and schedules freight as a courtesy service to our customers, the customer is welcome to arrange their own freight carrier or pickup if they have a preferred carrier or a less expensive option. 7.l.a Packet Pg. 53 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) TERMS AND CONDITIONS 50667 Copying permitted 08/2006 -- Issue #3 The following provisions form part of the quotation as express Agreements between Fairbanks Scales ("Company") and the Buyer governing the terms and conditions of the sale, subject to modification only in writing signed by the local manager or an executive officer of the Company. In the event of any differences between these terms and conditions and those of Buyer, Buyer acknowledges that notwithstanding anything to the contrary, these terms and conditions shall prevail and Buyer's signing of this quotation or accepting the goods and services to be delivered hereunder shall be conclusive proof thereof. 1. If the order is under and according to a Company dealer or distributor contract with Buyer in force at the time of acceptance, the provisions of such contract will control, except as expressly otherwise provided on the face hereof. 2. Fairbanks Scales Inc. (the "Company") warrants and agrees that if, within one (1) year after installation or 15 months from date of shipment, whichever occurs first, any part purchased from the Company should fail because of defective material or workmanship in its manufacture, and the Company is notified promptly, in writing, of the nature of the defect, the Company will, (if Buyer's account with the Company is then and remains current), during normal working hours, repair or replace such part, free of charge, provided the Buyer pays travel expenses to and from the nearest Fairbanks Scales Customer Support Center, or Fairbanks Authorized Distribution Center, or in case of a replacement, shipping expenses from its factory. (Travel charges and shipping expenses so incurred during the first 30 days following installation will be paid by the Company.) It is the Company's sole discretion whether to replace or repair the part covered under this warranty. The Company reserves the right to replace any defective part with a repaired part from its warranty stock. Notwithstanding anything contained herein to the contrary, this warranty is voidable at the discretion of the Company if the product has been installed by anyone other than the Company or an authorized distributor of the Company or has been subjected to improper installation, misuse, negligent handling, alteration, accident, or improper repairs or modifications. Any warranties with respect to machinery, apparatus, accessories, articles, or materials not manufactured by the Company shall be limited to those of the respective manufacturer thereof, if any, which the Company may be permitted to pass on to the Buyer. Under this provision, the Company will be deemed to have manufactured only those articles bearing the Company's name-plate or trademark. 3. Unless and until all sums (however evidenced) payable in respect of the sale and delivery of the goods have been fully paid in money and satisfied: (a) the goods shall remain strictly personal property, however affixed to realty, title thereof and ownership thereof shall remain in Company’s name; and Buyer shall keep the property insured and free from liens or encumbrances, pay all taxes thereon, make good all loss, damage, or deterioration, and take all steps necessary to preserve the Company's title, including the execution and filing of all instruments necessary for such purpose. (b) Company shall have, and in the event of default in the terms hereof, may exercise cumulatively and not in the alternative, all rights and remedies provided by the applicable laws of the jurisdiction, as if expressly herein so provided, and, insofar as permitted by such laws, may declare all sums payable hereunder immediately due and payable, may take possession of the property or any part thereof wherever found, and may sell the same at public or private sale on such terms as it may deem advisable, giving Buyer 10 days written notice of the time and place of the sale, at which Company may bid and become a Buyer, the proceeds of such sale shall be applied, in the order stated, to the costs and the expenses of search, seizure, removal, storage, advertisement, sale, collection and enforcement, to interest on the amount due and unpaid purchase price, and to any other sums owing to the Company by Buyer; any excess shall be remitted to Buyer and the Buyer shall forthwith pay any deficiency. 4. Except as otherwise expressly stated on the face of this acknowledgment: The goods shall be delivered F.O.B. cars, Company's factory; the prices charged shall be the Company's prices regularly established at time of shipment, all stated discounts shall apply to list prices; Buyer shall, in addition, pay all shipping and handling charges from factory, or their equivalent, and also taxes on the sale, delivery or use. Nevertheless, in all cases: Company reserves the right to elect terms of payment C.O.D., SDB/L, or Net 30 days after shipment and accounts past due shall bear interest at the highest lawful contract rate, and Buyer shall pay all costs and expenses, including attorney's fees, incurred in collecting the same. 5. The order is subject to cancellation by Buyer (a) only for standard products not the subject of the second sentence hereof, (b) only prior to shipment or commencement of any site work by or for the Company in connection therewith, and (c) then only on the payment to Company of 20% of the net price as agreed liquidated damages, which Buyer agrees to pay. Orders involving custom product or product to be manufactured or modified for a particular customer or its particular application are not subject to cancellation; any such attempted cancellation shall constitute a breach of contract, entitling the Company to all remedies available to it by law. 6. Shipment date and delays: At the time the order is placed, the Buyer will be notified of the shipping date of the scale. The Company will manufacture the scale in order to meet the shipping date. If the Buyer delays the shipment of the scale by more than five (5) days, within ten (10) working days, prior to the schedule shipping date, a twenty percent (20%) charge will be assessed to the Buyer. Should the Buyer request delays on orders quoted which involve subcontractors, increases in cost from subcontractors will be borne by the Buyer. 7. THE COMPANY'S WARRANTIES AS SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF, AND BUYER HEREBY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. 8. UNDER NO CIRCUMSTANCES SHALL THE COMPANY HAVE ANY LIABILITY FOR LIQUIDATED DAMAGES OR FOR INCIDENTAL, COLLATERAL, CONSEQUENTIAL OR SPECIAL DAMAGES OR FOR THE LOSS OF PROFITS, OR FOR ACTUAL LOSSES OR FOR LOSS OF PRODUCTION OR PROGRESS OF CONSTRUCTION, WHETHER RESULTING FROM DELAYS IN DELIVERY OR PERFORMANCE, BREACH OF WARRANTY, CLAIMS OF INCORRECT WEIGHING, CLAIMS OF OR FOR NEGLIGENT MANUFACTURE, ACTS OF GOD, OR OTHERWISE. THE AGGREGATE TOTAL LIABILITY OF THE COMPANY UNDER THIS CONTRACT, WHETHER FOR BREACH OF WARRANTY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE CONTRACT PRICE. BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR ALL CLAIMS BY THIRD PARTIES, WHETHER FOR BUSINESS LOSS, PERSONAL INJURY OR OTHERWISE, WHICH EXTEND BEYOND THE FOREGOING LIMITATIONS ON THE COMPANY'S LIABILITY. 7.l.a Packet Pg. 54 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) FAIRBANKS SCALES GENERAL WARRANTY / LIMITIATION OF LIABILITY UNITED STATES 50506 Effective 09/2021 09/21 -- Issue 9 General Product Warranty Fairbanks Scales Inc. (the “Company”) warrants and agrees that if, within two (2) years from date of shipment, any product purchased from the Company should fail because of defective material or workmanship in its manufacture, the Company will repair or replace such product, free of charge, provided the Buyer pays for any applicable customs duties and any other local expenses (such as taxes, clearance charges, etc) associated with the shipment of such part. Intalogix Warranty The Company warrants and agrees that if, within one (1) year from date of shipment, any product purchased from the Company which is equipped with Intalogix Technology (excluding driver assist terminals and peripheral devices, including, but not limited to, printers, remote displays etc.) should fail due to lightning, the Company will repair or replace such product, free of charge, provided the Buyer pays for any applicable customs duties and any other local expenses (such as taxes, clearance charges, etc) associated with the shipment of such part. Further, the company warrants and agrees that if, within five (5) years after shipment, any truck scale or railroad track scale original load cell, instrument, pit power supply, or smart sectional controller purchased from the Company as part of an Intalogix system should fail due to defective material, manufacturing defects, or lightning, the Company will repair or replace such item, free of charge, provided that: (i) the scale is equipped with Intalogix Technology, and (ii) service is performed a minimum of twice per year by a service entity authorized by the Company pursuant to a Preventive Maintenance Agreement, and such Preventive Maintenance Agreement must remain in effect for the entire duration of the warranty period without any lapses. Truck & Railroad Scale Weighbridge Warranty The Company warrants and agrees that if, within five (5) years after shipment, any truck scale structural steel weigh bridge or any railroad track scale structural steel weigh bridge should fail because of defective material or workmanship in its manufacture, the Company will repair or replace such product, free of charge, provided that service is performed a minimum of twice per year by a service entity authorized by the Company pursuant to a Preventive Maintenance Agreement, and such Preventive Maintenance Agreement must remain in effect for the entire duration of the warranty period without any lapses. Truck Scale Load Cell Model PR6221 Load Cell Warranty The Company warrants and agrees that if, within twenty-five (25) years after the date of shipment, any truck scale original model PR6221 load cell purchased from the Company should fail because of defective material, workmanship, or lightning damage, the Company will repair or replace such item, free of charge, provided that: (i) the scale is equipped with Intalogix Technology, and (ii) service is, and has been continuously since the scale was installed, performed a minimum of twice per year by a service entity authorized by the Company pursuant to a Preventive Maintenance Agreement, and such Preventive Maintenance Agreement must remain in effect for the entire duration of the warranty period without any lapses. General Terms In the case of any warranty contained herein, (iii) the Buyer must promptly notify the Company in writing of the nature of the possible defect being claimed hereunder, (iv) the Buyer’s account with the Company must be current at the time a claim for warranty hereunder is made, and must remain current thereafter, (v) all work by the Company will be performed during normal business hours, (vi) The Company, in its sole discretion, reserves the right to replace or repair the product covered under this warranty, (vii) The Company, in its sole discretion, reserves the right to replace any defective part with a repaired part from its warranty stock, (viii) Consumable parts (such as, but not limited to batteries, light bulbs, printer ribbons, etc) are not covered by the Company under this warranty. (ix) the Buyer shall pay for all labor required to perform this warranty, other than labor incurred within one (1) year after shipment, which will be paid by the Company, (x) the Buyer will pay truck and travel expense to and from the nearest Fairbanks Scales Customer Support Center, or Fairbanks Authorized Distribution Center, or in case of a replacement, shipping expenses from its factory, except that truck and travel charges and shipping expenses so incurred during the first 30 days following installation will be paid by the Company, (xi) the Buyer will be responsible for calibration fees except for calibration fees incurred within the first 30 days following installation will be paid by the company, and (xii) at the option of the Company, any parts claimed to be defective shall be returned to the Company for inspection, with all transportation, shipping tariff, and customs duty charges to be incurred by the Buyer. Notwithstanding anything contained herein to the contrary, this warranty is voidable at the discretion of the Company if the product has been installed by anyone other than the Company or an authorized distributor of the Company or has been subjected to improper installation, misuse, negligent handling, alteration, accident, damage by fire, water or act of God, or improper repairs or modifications. Any warranties with respect to machinery, apparatus, accessories, articles or materials not manufactured by the Company shall be limited to those of the respective manufacturer thereof, if any, which the Company may be permitted to pass on to the Buyer. Under this provision, the Company will be deemed to have manufactured only those articles bearing the Company’s name-plate or trademark. THE COMPANY’S WARRANTIES AS SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF, AND BUYER HEREBY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY HAVE ANY LIABILITY FOR LIQUIDATED DAMAGES OR FOR INCIDENTAL, COLLATERAL, CONSEQUENTIAL OR SPECIAL DAMAGES OR FOR THE LOSS OF PROFITS, OR FOR ACTUAL LOSSES OR FOR LOSS OF PRODUCTION OR PROGRESS OF CONSTRUCTION, WHETHER RESULTING FROM DELAYS IN DELIVERY OR PERFORMANCE, BREACH OF WARRANTY, CLAIMS OF INCORRECT WEIGHING, CLAIMS OF OR FOR NEGLIGENT MANUFACTURE, ACTS OF GOD, OR OTHERWISE. THE AGGREGATE TOTAL LIABILITY OF THE COMPANY UNDER THIS CONTRACT, WHETHER FOR BREACH OF WARRANTY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE CONTRACT PRICE. BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR ALL CLAIMS BY THIRD PARTIES, WHETHER FOR BUSINESS LOSS, PERSONAL INJURY OR OTHERWISE, WHICH EXTEND BEYOND THE FOREGOING LIMITATIONS ON THE COMPANY’S LIABILITY. 7.l.a Packet Pg. 55 Attachment: Landfill Scale Agenda Item (3275 : County Landfill Scale Equipment Purchase Approval (Staff Contact: Chris Adcock)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Disposal of Waste Material at County Landfill Approval (Staff Contact: Chris Adcock) Staff Contact(s): Chris Adcock Agenda Date: July 19, 2022 Item Number: 7.m Attachment(s): Mask data 5-03-2022 A-1 Sandrock Reviewed By: SUMMARY: County Staff has been contacted by A-1 Sandrock, a waste management company from Greensboro, North Carolina, requesting to grind on site and dispose of approximately 600 tons of new, 100% cotton medical type face masks at the County Landfill. The masks are still in the original packaging and are proposed to be ground on site by the company. The company will be billed at our normal gate rate of $41 per ton for disposal of the product. The operation will take approximately one (1) week to complete, and the company will be required to have proof of insurance and to list the County as an “additional insured” for the on-site operations. These masks are coming from the Hanesbrands Company in Martinsville, Virginia. The material has been approved by the County Landfill’s consulting engineer as an acceptable material for disposal and is a very desired material to place as a first layer in the County Landfill’s new Cell C. Product images and a material spec are attached for your review. The company is required to grind and dispose of the material to recoup export/import taxes originally paid on the material. County Landfill Staff is very interested in obtaining this material for utilization as a base layer in the County Landfill’s newly opened cell, and the additional revenue will help to cover required costs for haul road stabilization into the new cell. This haul road stabilization would be necessary regardless of accepting this material. FINANCIAL IMPACT AND FUNDING SOURCE: Based on an estimated 600 tons, this would equate to new revenue of $24,600. RECOMMENDATION: County Staff recommends the Board approve accepting approximately 600 tons of cotton mask material at the County Landfill’s regular gate rate. MOTION: “I make a Motion to authorize the County Administrator to approve an agreement with A-1 Sandrock for grinding on site and disposal of approximately 600 tons of approved solid waste material at the County Landfill.” 7.m Packet Pg. 56 Mask Inventory Selling Style size Garment style fiber content construction AM15 Youth GP 159782 60% Cot/40% Poly 2 ply AM27 Adult GP 159567 60% Cot/40% Poly 2 ply AMSK03 Adult L MSK0010 60% Cot/40% Poly 2 ply AMSK05 Adult L MSK0010 60% Cot/40% Poly 2 ply AMSK10 Adult L MSK0010 60% Cot/40% Poly 2 ply BEATCV N/A MSK0001 Cotton 3 ply BMSKA5 Adult OSFA MSK0013 60% Cot/40% Poly 2 ply BMSKAR BMSKK5 Kids MSK0009 60% Cot/40% Poly 2 ply BMSKKR BMSKL5 Adult L MSK0010 60% Cot/40% Poly 2 ply BMSKS5 Adult S MSK0009 60% Cot/40% Poly 2 ply CCSKN5 Adult MSK0004 Cotton 3 ply GMSKP5 Adult MSK0005 Cotton 3 ply KANP05 Kids MSK0015 Cotton 3 ply KANP25 Kids MSK0012 Cotton 2 ply KMSK03 Youth MSK0009 60% Cot/40% Poly 2 ply KMSK05 Youth MSK0009 60% Cot/40% Poly 2 ply LCMASK Adult MSK0003 Cotton 3 ply MANP05 Adult MSK0004 Cotton 3 ply MASKBB Adult MSK0005 Cotton 3 ply MASKN2 Adult MSK0004 Cotton 3 ply MKPKC5 GP 160230 Cotton 2 ply MKPKCR MKPKP5 Adult GP 160235 Polyester 2 ply MKPKPR MSKBB5 PAMZBB Adult MSK0004 Cotton 3 ply PAMZKK Kids MSK0009 60% Cot/40% Poly 2 ply SMSK03 Adult S MSK0009 60% Cot/40% Poly 2 ply SMSK10 Adult S MSK0009 60% Cot/40% Poly 2 ply UMASK2 Adult S MSK0005 Nylon/Span/NW 3 ply UMASK2 Adult L MSK0005 Nylon/Span/NW 3 ply 7.m.a Packet Pg. 57 Attachment: Mask data 5-03-2022 A-1 Sandrock (3290 : Disposal of Waste Material at County Landfill Approval (Chris Adcock)) Garment Style #:MSK0004 Description:Adult Retail 3-ply Cotton Face Mask with Nosepiece Business Unit:UNW Original Date: 4/7/2020 Project Administrator:Lane Bryant * Note approved sub on FGM page (HBI code AK0638) AY7048 T18WC BRKS MIR BLU 31576 LB 0.0065 AU7035 T24PC BROOKS M BLUE 31576 CJ 0.0033 AK0649*1/4" X .0075 NATURAL RUBBER WHITE LB 0.0359 ANZ367 3.5" LONG, 24 GAUGE SINGLE WIRE TWI EA 12 Bill of Materials – Sewing (AQUATIC BLUE - Z8C) Material Style Description UOM Usage/DZ AY0842 T18WC 1PLY NUDEB 38163 LB 0.0065 AU1316 T-24PC NEW NUDE CJ 0.0033 AK0649*1/4" X .0075 NATURAL RUBBER WHITE LB 0.0359 ANZ367 3.5" LONG, 24 GAUGE SINGLE WIRE TWI EA 12 AY1450 T18TP CONCRETE LB AK0649*1/4" X .0075 NATURAL RUBBER WHITE LB 0.0359 ANZ367 3.5" LONG, 24 GAUGE SINGLE WIRE TWI EA 12 Bill of Materials – Sewing (BODY BEIGE - QBF) Material Style Description UOM Usage/DZ Bill of Materials – Sewing (BLACK - 0W2) Material Style Description UOM Usage/DZ AY7066 T18WC BLACK 45374 LB 0.0065 AU7046 T24PC BLACK 45374 CJ 0.0033 AK0649*1/4" X .0075 NATURAL RUBBER WHITE LB 0.0359 ANZ367 3.5" LONG, 24 GAUGE SINGLE WIRE TWI EA 12 AY7000 T18WC GENERIC WHITE LB 0.0065 AK0649* ANZ367 3.5" LONG, 24 GAUGE SINGLE WIRE TWI EA 12 0.0065 AU1435 T24PC CONCRETE CJ 0.0033 HANESBRANDS INC. PRODUCT SPECIFICATION – Garment — NewWear Specification Bill of Materials – Sewing (WHITE - XWH) Material Style Description UOM Usage/DZ Bill of Materials – Sewing (CONCRETE - 93H) Material Style Description UOM Usage/DZ AU7036 T24PC 6M WHITE 32001 CJ 0.0033 1/4" X .0075 NATURAL RUBBER WHITE LB 0.0359 Page 11 of 17 Sew BOM 7.m.a Packet Pg. 58 Attachment: Mask data 5-03-2022 A-1 Sandrock (3290 : Disposal of Waste Material at County Landfill 7.m.a Packet Pg. 59 Attachment: Mask data 5-03-2022 A-1 Sandrock (3290 : Disposal of Waste Material at County Landfill 7.m.a Packet Pg. 60 Attachment: Mask data 5-03-2022 A-1 Sandrock (3290 : Disposal of Waste Material at County Landfill Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Agenda Software Contract Approval (Staff Contact: Dave F. Arnold) Staff Contact(s): Kaylyn M. McCluster Agenda Date: July 19, 2022 Item Number: 7.n Attachment(s): RFP Agenda Software RFP Tabulation Sheet - Agenda Software CivicPlus Reviewed By: SUMMARY: Granicus is no longer supporting the County’s current Agenda Software. Accordingly, the County put out a request for proposal (“RFP”) on March 22, 2022, for new Agenda Software. For the Board’s review and consideration, attached is the RFP, Tabulation Sheet, and the Civic Clerk Contract Agreement (“Contract”) for the firm selected to potentially supply the Board’s new Agenda Management Software. FINANCIAL IMPACT AND FUNDING SOURCE: The total investment for year one (1) is $21,765.00, and the annual recurring services are $19,950.00. The County currently pays $25,800 in annual recurring services for its current software, so this will be a reduction in annual cost. RECOMMENDATION: County Staff recommends the Board approve the attached Contract for new Agenda Software as presented. MOTION: “I make a Motion to approve the attached Contract for new Agenda software as presented.” 7.n Packet Pg. 61 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REQUEST FOR PROPOSAL RFP: 20220322 AUTOMATED AGENDA MANAGEMENT SYSTEM March 22, 2022 CONTACTS: CONNIE GIBSON, PURCHASING MANAGER 7.n.a Packet Pg. 62 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 2 Pittsylvania County, Virginia RFP # 20220322 Automated Agenda Management System GENERAL INSTRUCTIONS TO OFFERORS DUE DATE: Sealed Proposals will be received until April 20, 2022, no later than 2:00P.M.. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification. ADDRESS: One original and (4) copies and an electronic copy of the proposals should be mailed or hand delivered to: Pittsylvania County Purchasing Department Att: Connie Gibson 1 Center Street Chatham, VA 24531. All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed Proposal - RFP #20220321, “AGENDA MANAGEMENT SYSTEM” Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and include the title of the individual signing on behalf of the offeror (see page 2). All expenses for making Proposals to Pittsylvania County shall be borne by the offeror. All Proposals shall be received by 2:00P.M., April 20, 2022. Any proposal received after this time and date will not be considered. The offeror has the sole responsibility to have the proposal received by the Pittsylvania County Purchasing Department at the above address and by the above stated time and date. QUESTIONS: 1. All questions regarding this RFP must be made in writing. The written questions must be received by the County no later than 2:00 p.m., March 31,2022. Questions may be faxed to (434) 432-7746 or emailed to Connie.gibson@pittgov.org. 2. All responses to questions will be posted on Pittsylvania County website: www.pittsylvaniacountyva.gov by 2:00 p.m. April 1 2022. The offeror has the sole responsibility to go to the website and receive the responses or by contacting Connie Gibson requesting they be emailed. The responses will be an addendum to the RFP. All such responses by the County shall become part of the RFP. 3. Oral instructions do not become part of the proposal documents. Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to discrimination in employment or contracting. 7.n.a Packet Pg. 63 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 3 In Compliance with this Request for Proposal the named party hereby submits a proposal in response to Pittsylvania County to furnish services described in this RFP. The entire proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the RFP, constitute the entire proposal. The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this RFP is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address Of Firm: ___________________________________________ Date: ______________________________________ ___________________________________________ By: ______________________________________ (Signature in Ink by Officer of the Corporation) ___________________________________________ ___________________________________________ Name: _______________________________________ (Please Print) _________________________Zip Code___________ Title: _____________________________________ Phone: (____) _______________________________ Fax: (_____) _________________________________ E-mail: _____________________________________ State of Incorporation: _________________________ State Corporation Commission #: _________________ Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate and a list of officers Addendum No. ____________, dated____________ (Please note all addenda’s) (Return this Form) 7.n.a Packet Pg. 64 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) Introduction Pittsylvania County, VA (“County”) is requesting proposals from experienced vendors for Agenda software that will allow for easy assembly of documents into a single cohesive agenda packet for electronic publication (e-publishing), voting software that would include a speaker timer and software for Board of Supervisor appointments to Boards, agencies and commission that allows online applications for the public. The system should provide tools for end users, content reviewers, the Deputy Clerk, and for the Planning Department (Planning Commission and BZA meetings would also utilize this product) and any other designee to assemble the agenda and e-publish. I.Scope of Work A. Automated Agenda Management System The Automated Agenda Management System must provide County staff with the ability to use predefined automated workflow to prepare, track, modify and monitor the progress of individual agenda items for specific meeting dates. The desire solution will allow for easy assembly of documents into a single cohesive agenda packet for electronic publication (e-publishing). The system should provide tools for end users, content reviewers, the Deputy Clerk, and for the Planning Department (Planning Commission and BZA meetings would also utilize this product) and any other designee to assemble the agenda and e-publish. B.Automated Boards, Agencies, Commissions Appointments/Application System All appointments made by the Board of Supervisors (approximately 300) would be listed to include appointees for each board, commission or agency, description of such agency, terms, and vacancies, and ability for citizens to apply online for consideration of an appointment. C. Minutes Application with Electronic Voting and Speaker Timer System Electronic voting at meetings for Board members, automated speaker timer for citizens/public hearing speaker. Voting needs to be incorporated into an automatic minutes outline. Software needs to follow/highlight electronic agenda packet items for Board Members as well as the Public Screen. Ability to update Board Members/Public screen in live time for Items Added to the Agenda. The possibility to add video at a future date. D. All software shall be compatible with video streaming from our video system. We are not requesting quote for this at this time, but may in the future. 7.n.a Packet Pg. 65 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 5 E. Training and implementation shall be in person and/or by webinars. Cost shall be included in proposal. F.24/7 Emergency Support via telephone. G. Mobile Application & Devices The vendor shall provide a mobile app for this system, to view agendas, minutes and supporting documents. The app and the Agenda Software should be compatible with all devices. The app should be available to staff and the public. H. The system shall include historical data. Needs to be searchable. I. Upgrades need to be scheduled after 8:00pm, eastern standard time on Friday’s or Saturday’s. Any other time will need to be approved by the Deputy Clerk. *Don’t think this is needed, because if we need an update, we don’t want to have to wait* J. The vendor shall be responsible for contacting the County’s representative in regards to major changes in software/mobile app/etc. in order to prevent an interruption in our process. All software Must be Cloud based hosted products. Unlimited meetings, users, and space are requested. The final scope of the project will be determined based on immediate needs and budget constraints. II. EVALUATION OF PROPOSALS: SELECTION FACTORS All proposals meeting the requirements of this RFP shall be reviewed and rated by a County evaluation committee according to the criteria listed below. The County expressly reserves the right to reject all proposals received. Furthermore, the County expressly reserves the right to reject any and all proposals, and to waive any of the terms, conditions, and provisions contained in the RFP. • Experience of the firm and references in Virginia. (25 points) • Experience and qualifications of the personnel. (25 points) • Project approach, work plan, timeline, deliverables and project management. (30 points) • Quality, completeness, and responsiveness of the proposal. (10 points) 7.n.a Packet Pg. 66 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 6 • Cost proposal. Note: Proposal shall include cost for providing ongoing annual maintenance, hosting and support costs. (10 points) III. PROPOSAL CONTENT The following items shall be included in the proposal: A) Cover Transmittal Letter Provide a narrative which introduces the firm and team highlighting the special strengths of the firm to perform the work requested in this RFP. The letter should be signed by an authorized principal of the proposing consulting firm. B) Firm, Qualifications, Experience, and References Provide a narrative describing the firm’s qualifications to perform the project work, including past (relevant) experience and at least three client references in the State of Virginia, with contact names and information. Include information regarding the firm’s experience involving the size and level of complexity of the proposed project with particular emphasis on any prior experience with local government entities. Qualifications and experience for proposed sub consultants should also be included. Additionally, include a narrative of your firm’s expertise in the following areas: • Agenda Management • Electronic Voting • Automated Boards, Agencies, Commissions Appointments/Application System • Experience with Virginia governmental work. C) Project Organization, Personnel and Staffing Provide a brief description of all key personnel and technical staff (including, vendors, partners or subcontractors) to be involved and their relationship to the services to be provided. • Include names, title, licenses, and certificates, fields of expertise, and relevant state and local area experience for all proposed personnel and staff. • Identify the principal-in-charge for the proposed services. • Complete resumes for proposed staff should be provided as part of an appendix to the proposal. • Provide a project organization chart which depicts the organization of the project team. 7.n.a Packet Pg. 67 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 7 D) Project Approach, Work Plan, Cost and Timeline Provide a narrative which shows your firm’s understanding of the project’s requirements and documents a logical technical approach to the project scope of work. Include a general work plan with projected hours and hourly rates as well as training and annual maintenance cost, the proposed approach to undertaking the scope of work described earlier in this RFP. IV. AWARD PROCEDURES AWARD: Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The County may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should the Commonwealth determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated. V. SPECIAL TERMS AND CONDITIONS BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (120) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on the County’s website, www.pittsylvaniacountyva.gov and on the County Public Notice Bulletin Board located at 1 Center Street, Chatham, VA 24531. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting 7.n.a Packet Pg. 68 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 8 contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. OWNERSHIP/FOIA: Ownership of all data, materials and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to B-30 Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance. COOPERATIVE PURCHASE: If authorized by the Offeror, the contract resulting from this Request for Proposals may be extended to other public bodies, public agencies or institutions within the State of Virginia to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the contractor(s). Pittsylvania County Board of Supervisors is not a party to such contracts and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal. 7.n.a Packet Pg. 69 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 9 RENEWAL OF CONTRACT: This contract shall be for 3 years and can be renewed by the County for two (2) successive three (3) year periods under the terms and conditions of the original contract. Price increases may be negotiated only at the time of renewal. Written notice of the County’s intention to renew shall be given approximately 30 days prior to the expiration date of each contract period. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PURCHASING DEPARTMENT I. GENERAL TERMS AND CONDITIONS 1. Reservation of County Rights: The County reserves the right to accept or reject any or all bids, to waive any informality and to make an award to a party other than the low bidder, if deemed in the best interest of the County, subject to the provisions under the Virginia Public Procurement Act. The County does not discriminate against faith-based organizations. 2. Laws of the Commonwealth: Any purchase order/contract resulting from this bid process shall be governed; in all respects whether as to its validity, construction, capacity, performance or otherwise; by the laws of the Commonwealth. Successful bidders providing goods to the County herewith assure the County that they are conforming to the provisions of the Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act which provides: In every contract of over $10,000 the provisions in 1 and 2 below apply: (1) During the performance of this contract, the contractor agrees as follows: A. Nondiscrimination Clause: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and 7.n.a Packet Pg. 70 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 10 applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Equal Opportunity Employer: The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (2)Subcontractors: The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. (3) Drug Free Workplace – During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that such provision will be binding upon each subcontractor or vendor. 3. Tax Exemption: The County is exempt from State sales, and use taxes and will issue a Certificate of Exemption upon request. Deliveries against any items of this bid procedure shall be free from any excise or transportation taxes. Excise exemption registration NO. 54-600-1508 may be used when required or necessary on behalf of the County. 4. Modifications, Additions, or Changes: Modifications, additions, or changes to the terms and conditions of this invitation to bid may be cause for rejection of your bid. All bids shall be entered on the official bid forms, if provided. Bidders who attach or submit bids on their or any other forms may be considered unresponsive and may be rejected if an official bid form is provided. 5. Delivery Point: Except when otherwise specified herein, all items shall be F.O.B. delivered to any point within the County as directed by the Central Purchasing Department. 7.n.a Packet Pg. 71 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 11 6. Transportation and Packaging: The authorized agent by signing this bid certifies and warrants that the bid price offered for F.O.B. destination, includes only the actual freight rate costs at the lowest and best rate and is based on the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be properly and legibly marked or labeled on the outside with the commodity description and number, size and quantity. 7. Evaluation of Bid Documents: If any prospective bidder is in doubt as to the true meaning of any part of the specifications or other bid documents, the prospective bidders shall submit a written request, within the time frame provided, after receipt of the invitation to bid to the Central Purchasing Department. The Central Purchasing Department will have final authority to review any discrepancies or deficiencies in the specifications and then make the necessary interpretations or revisions. Interpretations or revisions shall be made official by the issuance of any necessary addendum and distributed to all potential bidders. The Central Purchasing Department will not be responsible for explanations or interpretations of the bid documents, except as issued in writing by the Purchasing Manager and/or County Administrator. 8. Default: In the case of default by the successful bidder or failure to deliver the goods or services ordered by the time specified, the Department of Central Purchasing, after due written notice may procure these goods or services from other sources and hold the defaulting vendor responsible for any excess cost occasioned thereby. 9. Anti-Collusion Certification: The authorized agent by signing this bid certifies and warrants that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The signing agent understands collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The signing agent also agrees to abide by all conditions of this bid and certifies that he or she is duly authorized to sign this bid for the bidder represented herein. 10. Kickbacks: The signing agent certifies and warrants that neither he/she nor the bidder from whom he/she is authorized to act has offered or received any kickback from any other bidder, suppliers, manufacturer, or subcontractor in connection with his/her bid on this solicitation. A kickback is defined as an inducement for the award of a contract, subcontracts or order, in the form of any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless 7.n.a Packet Pg. 72 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 12 consideration of substantially equal or greater value is exchange. Further, no person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. 11. Gifts by Bidder, Offeror, Contractor, or Subcontractor: No bidder, offeror, contractor, or subcontractor, shall confer on any public employee or official having formal responsibility for a procurement transaction, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. 12. Termination/Cancellation of Contract: Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the County until said work or services are completed and accepted. A. Termination for Convenience In the event that this contract is terminated or cancelled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable. B. Termination for Cause Termination by the County for cause, default or negligence on the party of the appraiser or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination of Cause. C. Non-Appropriation Clause/Termination due to Unavailability of Funds in Succeeding Fiscal Years When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. 13. Quantities: Quantities set forth in this invitation are estimates only, and the successful bidder shall supply at bid prices actual quantities as ordered regardless of whether such total quantities are more or less than those shown. 14. Ordering: 7.n.a Packet Pg. 73 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 13 All orders from the County shall be issued by the Central Purchasing Department. A County purchase order number is required for the contract; yet partial order quantities and deliveries will be accepted upon request or as outlined in the Special Specifications, by the Central Purchasing Department. No other department or personnel other than those in the Central Purchasing Department of the County are qualified to issue purchase orders, make changes in orders, or accept delivery on orders under this contract without specific written authorization being received by the contractor from the Central Purchasing Department or as otherwise specified in the Special Specifications. 15. Invoices/Billing Process: Invoices for items ordered, delivered, and accepted by the Central Purchasing Department or authorized departments shall be submitted by the contractor directly to the Accounting Department, at the address shown on the purchase order. The purchase order number must be referenced on all invoices regardless of quantities delivered, backordered, etc. Any outstanding quantities not included in the billing or invoice should be shown on a separate statement specifically marked, as not being an invoice for payment yet is an accountability of items and cost outstanding. 16. Discounts: All bids will be evaluated and awarded on net prices. Cash discounts will not be considered in making awards. If cash discounts for prompt payment are offered, it must be clearly shown on the bid forms in the space provided. On monthly invoices any payment terms must be clearly marked. The County will attempt to take advantage of any such discounts provided our timetable allows us to do so. 17. Hold Harmless: The successful contractor assumes and agrees to indemnify, defend and hold harmless Pittsylvania County, Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, labor, goods, or equipment of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence on the part of the using agency or to the manner outlined by the contractor and description literature or specifications submitted with the contractor’s bid. 18. Warranty: The contractor shall provide warranty documents on any material, goods or equipment of any kind or nature provided by the contractor, his subcontractor or other agents. The warranty shall be in effect for the period of time specified. 19. Contractual Intent 7.n.a Packet Pg. 74 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 14 Upon successful award of this bid by the County, it is the County’s intent to have a written contract fully executed by all participating parties. This contract shall delineate the capacity, performances and considerations for all parties involved. The contents of the bid submitted by the successful bidder and the bid specifications shall become a part of any contract awarded as a result of these specifications. The successful vendor will be expected to sign a “Standard Contract for Services” with the County. Sample contracts may be submitted by either party at the time of the bid, however, the County reserves the right to use its uniform contract format over all samples submitted. 20. Insurance By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies that if awarded the contract, it will maintain all required Worker’s Compensation, Employer’s Liability, Commercial General Liability and Automobile Liability insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Copies of insurance certificates shall be submitted with all bids/proposals. 21. Use of Name Brands Within These Specifications: The name of a certain brand, make, manufacturer, or definite specification is to denote the quality to the specific brand, make, manufacturer, or specification named; it is to set forth and convey to prospective bidders the general style, type, character and quality of article desired, and wherever in specifications or contract documents a particular brand, make of materials, device or equipment shall be regarded merely as a standard. Any other brand, make of material, device or equipment which is recognized the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be considered responsive to the specifications. 22. Access To Records: The County Administrator or his duly authorized agent, shall, until the expiration of three (3) years following the final payment on this Agreement, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of Lessor and Assignee involving transactions related to this Agreement. Lessor and Assignee shall have the reciprocal right, until the expiration of three (3) years following final payment on this Agreement, to have access to and examine and copy any directly pertinent books, documents, papers and records of the County Administrator in the event of litigation or arbitration involving this Agreement, rights of access, examination and copying hereunder granted to Lessor, Assignee, and Lessee shall continue until such claims have been finally disposed of. 7.n.a Packet Pg. 75 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 15 CONTRACTOR ELIGIBILITY CERTIFICATION This is to certify that this person/firm/corporation has not been barred from bidding on contracts by any agency of the Commonwealth of Virginia, nor is this person/firm/corporation a part of any firm/corporation that has been barred from bidding on contracts by any agency of the Commonwealth of Virginia. ______________________________ Name of Official ______________________________ Title ______________________________ Firm or Corporation 7.n.a Packet Pg. 76 Attachment: RFP Agenda Software RFP (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) BOS Agenda Software Experience of the firm and references in Virginia. (25 points)25 Experience and qualifications of the personnel. (25 points)25 Project approach, work plan, timeline, deliverables and project management. (30 points)30 Quality, completeness, and responsiveness of the proposal. (10 points)10 Cost proposal. Note: Proposal shall include cost for providing ongoing annual GIS Maintenance, hosting & support cost. (10 points)10 Evaluator 1 Evaluator 2 Evalutor Evaluator 3 Vendors Norcutt Bumper Budd McCuster BroadMaps 62 54 73 45 234 Granicus 80 95 96 82 353 Provox 82 70 75 82 309 eScribe 77 73 84 78 312 Prime Gov 81 84 90 89 344 Civic Clerk 76 91 95 75 337 7.n.b Packet Pg. 77 Attachment: Tabulation Sheet - Agenda Software (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 7.n.b Packet Pg. 78 Attachment: Tabulation Sheet - Agenda Software (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 7.n.c Packet Pg. 79 Attachment: CivicPlus (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 7.n.c Packet Pg. 80 Attachment: CivicPlus (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 7.n.c Packet Pg. 81 Attachment: CivicPlus (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 7.n.c Packet Pg. 82 Attachment: CivicPlus (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) 7.n.c Packet Pg. 83 Attachment: CivicPlus (3284 : Agenda Software Contract Approval (Staff Contact: Dave F. Arnold)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: DRF Grant Agreement (County Administrator Search) Approval Ratification (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: July 19, 2022 Item Number: 7.o Attachment(s): County Administrator Search Grant Reviewed By: SUMMARY: The County recently received notification from the Danville Regional Foundation (“DRF”) of a grant award of $25,000 to offset the cost of the recruitment and selection of a new County Administrator. This investment will be used to recruit and select the right candidate to lead the County into the future. For the Board’s review, the County has entered into the attached Agreement with The Berkley Group to provide the recruitment services for the County. FINANCIAL IMPACT AND FUNDING SOURCE: The total cost of this Agreement is $30,000. The additional $5,000 will come from the Board’s Contingency/Grant Local Match Line Item. RECOMMENDATION: County Staff recommends the Board accept the DRF grant in the amount of $25,000 and appropriate this amount, along with the remaining $5,000 from the Board’s Contingency/Grant Local Match Line Item. MOTION: “I make a Motion to accept the DRF grant for the County Administrator Search in the amount of $25,000 and appropriate these funds along with the remaining $5,000 from the Board’s Contingency/Grant Local Match Line Item.” 7.o Packet Pg. 84 4c19DIZF' A Bridge to the Future June 17, 2022 Letter of Agreement Mr. Clarence Monday, Interim County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 Dear Mr. Monday: Re: Grant Agreement between Danville Regional Foundation and Pittsylvania County The purpose of this letter is to set forth an agreement for use of grant funds in the amount of 25,000 from Danville Regional Foundation (DRF) to Pittsylvania County for the recruitment and selection of a new County Administrator. As described in the attached letter, dated May 26, 2022, the County will use these funds will be an investment used to recruit and select the right candidate to lead the County into the future." This effort is in line with previous DRF grants to area nonprofits and other organizations. It fits in well with DRF's goal of increasing the capacity of area organizations and helping to identify and recruit talent, and potential leaders, to the region. The start date for the project will be on or around June 1, 2022 with completion expected on or around December 31, 2022. The grantee agrees to provide a complete accounting of how DRF funds were expended and a narrative explaining their use of DRF funds and the outcomes related to this grant. Any funds that are not used for this project will be returned to DRF. SPECIAL PROVISIONS All grants are made in accordance with current and applicable laws and the Internal Revenue Code, as amended, and its regulations. Expenditure of Funds: Funds shall be expended in accordance with the budget contained within this agreement. 7.o.a Packet Pg. 85 Attachment: County Administrator Search Grant (3291 : DRF Grant Agreement (County Administrator Search) Approval Ratification) Expenses charged against this grant shall not be incurred prior to the date on which the grant period begins or after its termination date and shall be incurred only to carry out the approved program described herein. All line items may be changed by up to 10 percent without written Foundation approval as long as the budget total does not change. Line items may not be added or deleted without written approval from the Foundation. Grant funds may not be used for lobbying, which for this purpose includes any attempt to influence specific legislation by affecting public opinion, or communicating with any member or employee of a legislative body, other than by making available the results of nonpartisan study, analysis or research. Record Keeping: The Grantee shall maintain records consistent with generally accepted accounting principles (GAAP) to account for the funds received under this grant and to identify how the funds have been expended. The Grantee shall maintain its records of grant expenditures for at least seven years after completion or termination of the grant. The Grantee shall make its records of grant expenditures available to the Foundation at reasonable times and upon request. Reversion of Grant Funds: The Grantee shall return unexpended and uncommitted funds at the close of the grant period, unless other written arrangements are made with the Foundation. Notification: The Grantee shall notify the Foundation of any lawsuit, or any proceeding before any federal, state, or local administrative agency that may impact this initiative. Indemnification: The Grantee will protect and hold harmless to the extent allowable by law the Foundation from and against all claims, suits, and actions arising from negligent acts or omissions, which may occur in the Grantee's performance of the terms of this Agreement. Licensing: The Grantee shall obtain and maintain all registrations, licenses, consents, and filings with any party or any public authority required in connection with the Grantee's operation or with the execution and performance of this Agreement. Subcontractor: If at any time the Grantee intends to use subcontractors in performing its obligations under this Agreement the Grantee assumes responsibility for the actions and omission of the subcontractors. Any act or omission by a subcontractor which would be a breach of this Agreement if such act or omission were made by the Grantee shall be deemed to be a breach of this Agreement by Grantee. Termination of Agreement: Either party in writing may terminate this agreement for cause at any time by providing 30 day written notice to the other party via registered mail using the address contained herein. Upon termination the Grantee shall promptly repay all unexpended 7.o.a Packet Pg. 86 Attachment: County Administrator Search Grant (3291 : DRF Grant Agreement (County Administrator Search) Approval Ratification) a and uncommitted grant funds,providing the Foundation with appropriate accounting records to support the process. Waiver: The failure of either party to insist upon strict performance of the terms, conditions and provisions of this Agreement shall not be deemed a waiver of future compliance or a waiver of any provisions herein. Construction of Agreement: The laws of the Commonwealth of Virginia shall govern this Agreement. Communications & Media Guidelines: All materials referencing DRF and/or including our logo (i.e. press releases, website additions or event/location signage)must be reviewed by your DRF Program Officer for approval before release, printing or publication. Any grant announcements cannot be made until both parties have signed and executed the full grant agreement. DRF will have at least 48 hours in advance to review all materials prior to a scheduled media announcement or deadline. Approval will be provided within two business days. This Agreement supersedes any and all prior agreements and contains the entire Agreement of the Parties. This Agreement shall not be amended or modified in any manner other than by an amendment in writing signed by all parties to this Agreement. If you are agreeable to the terms of this Letter of Understanding and Special Provisions as stated above,please sign letters and return one to DRF. Sincerely, Clark Casteel President& CEO Attachment: Letter of Request dated May 26, 2022 By: Clarence . Mon ay, Interim Co ty Administrator Date: 7.o.a Packet Pg. 87 Attachment: County Administrator Search Grant (3291 : DRF Grant Agreement (County Administrator Search) Approval Ratification) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Cherrystone Dams 1 and 2a Engineering/Design Contract Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: July 19, 2022 Item Number: 7.p Attachment(s): Reviewed By: SUMMARY: The County has been awarded two (2) $750,000 grants to cover the cost of the engineering and design work for Cherrystone Dams 1 and 2a and $40,000 for administrative cost of each. The County has completed the RFP process and selected Schnabel Engineering to do the engineering and design work on both projects. The engineering and design cost for Cherrystone Dam 2a is $642,500 and Cherrystone Dam 1 $784,300. Cherrystone Dam 1 is $34,300 over the allotted grant funding. County Staff has discussed this with the NRCS Staff, and they believe the County can secure additional grant funding to cover the overage. FINANCIAL IMPACT AND FUNDING SOURCE: The engineering and design work for Cherrystone Dam 2a will be totally covered by the NRCS grant. Cherrystone 1 Dam has been underfunded in the grant by $34,300. County Staff is pursuing additional grant funding from the NRCS; however, if this cannot be secured, the funds would need to come out of FY23 County Budget Contingencies. RECOMMENDATION: County Staff recommends the Board award the engineering and design contracts for Cherrystone Dams 1 and 2a to Schnabel Engineering. MOTION: “I make a Motion to award the engineering and design work for Cherrystone Dams 1 and 2a to Schnabel Engineering.” 7.p Packet Pg. 88 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Erosion and Sediment Control Inspection Contract Approval (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: July 19, 2022 Item Number: 7.q Attachment(s): Solar Farms ESC Inspections Pittsylvania County SOW-MBP signed6-30- 2022 (002) Reviewed By: SUMMARY: On June 21, 2022, Pittsylvania County Code (“PCC’) Chapter 4 was revised to require a third- party inspector, retained by the County, to be utilized to conduct all required Erosion and Sediment Control (“ESC”) inspections for all Large-Scale Utility Projects. All costs incurred by these inspections will be paid for by the developer per the adopted PCC revisions. County Community Development Staff desires to award the contract to McDonough Bolyard Peck, Inc. (“MBP”), utilizing Contract Number VA- E194-91570 (“Contract”), between the Department of General Services, on behalf of the Commonwealth of Virginia, and MBP. For the Board’s review and consideration, attached is the Agreement between McDonough and the County for Non-Professional Services (“Agreement”) to conduct all ESC inspections for Large Scale Utility Projects as defined by PCC Chapter 4. FINANCIAL IMPACT AND FUNDING SOURCE: The cost will be originally paid out of Central Stores. The project developer will be billed monthly for any expenses incurred to reimburse the County. RECOMMENDATION: County Community Development Staff recommends the Board authorize the Interim County Administrator to Execute the attached Agreement as presented. MOTION: “I make a Motion to Authorize the Interim County Administrator to execute the attached Agreement as presented.” 7.q Packet Pg. 89 Contract No. VA-E194-91570, Exhibit A P22309 SOLAR FARMS ESC INSPECTIONS PITTSYLVANIA COUNTY SOW Page 1 of 2 EXHIBIT A – STATEMENT OF WORK (SOW) Statement of Work (SOW) Between PITTSYLVANIA COUNTY and MCDONOUGH BOLYARD PECK, INC. Issued Under CONTRACT NUMBER VA-E194-91570 BETWEEN DEAPRTMENT OF GENERAL SERVICES AND MCDONOUGH BOLYARD PECK, INC. This Exhibit A, between Pittsylvania County and McDonough Bolyard Peck, Inc. (“MBP”) is hereby incorporated into and made an integral part of Contract Number VA- E194-91570 (“Contract”) between the Department of General Services, on behalf of the Commonwealth of Virginia, and MBP. In the event of any discrepancy between this Exhibit A and the Contract, the provisions of the Contract shall control. STATEMENT OF WORK This Statement of Work (“SOW”) is issued by Pittsylvania County (hereinafter referred to as “Authorized User”) under the provisions of the Contract. The objective of the project described in this SOW is for MBP to provide the Authorized User with erosion and sediment control (ESC) inspections (hereafter “Compliance Monitor Inspections”) of multiple upcoming solar farm construction sites within Pittsylvania County. 1. PERIOD OF PERFORMANCE The work authorized in this SOW shall commence on or about July 1, 2022 and continue through June 30, 2023 unless otherwise specified in the Contract. 2. PLACE OF PERFORMANCE Tasks associated with this project will be performed at the Authorized User’s solar farm location(s) as identified in eVA orders issued by the Authorized User via the Commonwealth’s electronic procurement website portal. 3. PROJECT SCOPE MBP’s Compliance Monitor Inspectors (CMIs) will have Virginia Department of Environmental Quality (VADEQ) Erosion and Sediment Control Inspector certifications and will: • Perform compliance monitoring inspections for ESC measures every two weeks and within 48 hours of significant rainfall, defined as a measurable rain event over 0.50 inches. • Verify compliance with project ESC plans, contractor Annual Standards and Specifications, Pittsylvania County Standards, and VA DEQ requirements. • Maintain an inspection activity log and provide a formal inspection report for each inspection. • Immediately notify the County of any non-compliance issues. It is also understood that MBP: • Will not physically install or make corrections to the contractor's ESC measures. • Will only access areas of construction as long as there is a safe path to do so. MBP will not access sinkholes, send staff into blasting zones or traverse waterways deeper than two feet 7.q.a Packet Pg. 90 Attachment: Solar Farms ESC Inspections Pittsylvania County SOW-MBP signed6-30-2022 (002) (3283 : Erosion and Sediment Control Contract No. VA-E194-91570, Exhibit A P22309 SOLAR FARMS ESC INSPECTIONS PITTSYLVANIA COUNTY SOW Page 2 of 2 without safe overland passage. MBP will follow OSHA and VOSH safety regulations, internal safety protocol, and the on-site contractor safety protocols. 4. COMPENSATION The Authorized User will pay MBP a fixed rate amount of $997 per site inspection. MBP’s fixed rate amount shall include MBP’s vehicle including mileage, cellular telephone, computer, other electronic equipment, and personal protective gear for MBP personnel. Other non-labor expenses for services, including but not limited to courier, packaging, binding, postage, graphics, or other similar services, which may be requested or approved by the Authorized User, are in addition to the fixed rate amount set forth above and will be invoiced at cost. For each new solar farm, MBP will provide the Authorized User with a duration and anticipated number of inspections required. MBP will invoice monthly for work completed and for non-labor expenses incurred. Invoices shall be submitted to the address designated on the eVA Order. Payment will be made in accordance with the Virginia Prompt Payment Act. 5. CHANGE MANAGEMENT All changes to this SOW must comply with the Contract. All changes to this SOW shall be in written form and fully executed between the Authorized User’s and MBP’s authorized representatives. 6. POINT OF CONTACT For the duration of this project, the following project managers shall serve as the points of contact for day-to-day communication: Authorized User: __________________________ MBP: Cody Bain (cbain@mbpce.com) By signing below, both parties agree to the terms of this Exhibit. MBP: Authorized User: ___________________________________ ____________________________________ (Company Name) (Name of Public Entity) By: ________________________________ By: __________________________________ (Signature) (Signature) Name: _____________________________ Name: _______________________________ (Authorized Representative Name - Print) (Print) Title: ______________________________ Title: _________________________________ Agency Head or Designee Date: ______________________________ Date: _________________________________ June 30, 2022 Senior Vice President Kevin L. Bocock, PE, CCM McDonough Bolyard Peck, Inc. 7.q.a Packet Pg. 91 Attachment: Solar Farms ESC Inspections Pittsylvania County SOW-MBP signed6-30-2022 (002) (3283 : Erosion and Sediment Control Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn M. McCluster Agenda Date: July 19, 2022 Item Number: 8.a Attachment(s): Reviewed By: The Board will present Proclamations, Resolutions, and/or Certificates approved/adopted on the July Consent Agenda or at a previous Meetings. 8.a Packet Pg. 92 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) Staff Contact(s): Kaylyn M. McCluster Agenda Date: July 19, 2022 Item Number: 8.b Attachment(s): Reviewed By: Dr. Mark Jones, Pittsylvania County Schools Superintendent, or his designee, will provide the Board a County School's 1% Sales Tax Referendum Campaign Committee update. 8.b Packet Pg. 93 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-013; Nguyen Properties, LLC; Rezoning from RC-1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park. The Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner's request be denied. (Supervisor Ingram) Staff Contact(s): Emily S. Ragsdale Agenda Date: July 19, 2022 Item Number: 10.A.1 Attachment(s): R-22-013 Nguyen App R-22-013 Nguyen Map Reviewed By: SUMMARY: In Case R-22-013, Nguyen Properties (“Petitioner”) has petitioned to rezone 6.25 acres from RC- 1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park (to allow for a mobile housing park). The subject property is located on State Road 722/Oakwood Drive, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1368-26-8391. Once the property is rezoned to MHP, all uses listed under Pittsylvania County Code § 35-317 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7- 0 vote, with opposition, that the Petitioner’s request be denied. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends denial of Case R-22-013 as presented. The subject property is not adjacent to any other properties currently zoned MHP, Residential Manufactured Housing Park District, and while the rezoning would be consistent with the Comprehensive Plan, County Community Development Staff has received multiple concerns and objections from adjacent property owners. Additionally, the entrance to this property would need to be upgraded to a commercial entrance. VDOT does not feel that the sight distance requirements can be met, and therefore VDOT would not approve a commercial entrance at this location. MOTION: “In Case R-22-013, I make a Motion to deny the rezoning of 6.25 acres from RC-1, Residential Combined Subdivision District, to MHP, Residential Manufactured Housing Park, due to the 10.A.1 Packet Pg. 94 safety concerns and VDOT’s inability to approve the required commercial entrance at this location.” 10.A.1 Packet Pg. 95 10.A.1.a Packet Pg. 96 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 97 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 98 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 99 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 100 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 101 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 102 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 103 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 104 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 105 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 106 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 107 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 108 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 109 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 110 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 111 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 112 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 113 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 114 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 115 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 116 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 117 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 118 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 119 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 120 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.a Packet Pg. 121 Attachment: R-22-013 Nguyen App (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) 10.A.1.b Packet Pg. 122 Attachment: R-22-013 Nguyen Map (3277 : Public Hearing: Case R-22-013; Nguyen Properties, LLC) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-016; Jasmin Ruiz; Rezoning from B-2, Business District, General, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Dalton) Staff Contact(s): Emily S. Ragsdale Agenda Date: July 19, 2022 Item Number: 10.A.2 Attachment(s): R-22-016 Jasmin Ruiz App R-22-016 Jasmin Ruiz Map Reviewed By: SUMMARY: In Case R-22-016, Jasmin Ruiz (“Petitioner”) has petitioned to rezone a total of 2.16 acres from B-2, Business District, General, to R-1, Residential Suburban Subdivision District (to allow for the property to be used as a single-family dwelling). The subject property is located on State Road 799/Climax Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN #s 1498-33-4405, 1498-33-3555, and 1498-33-2683. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7-0 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-22-016 as presented. The subject property is adjacent to properties currently zoned R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-016, I make a Motion to approve the rezoning of a total of 2.16 acres from B-2, Business District, General, to R-1, Residential Suburban Subdivision District, to allow for the property to be converted back to a single-family dwelling. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.2 Packet Pg. 123 10.A.2.a Packet Pg. 124 Attachment: R-22-016 Jasmin Ruiz App (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) 10.A.2.a Packet Pg. 125 Attachment: R-22-016 Jasmin Ruiz App (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) 10.A.2.a Packet Pg. 126 Attachment: R-22-016 Jasmin Ruiz App (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) 10.A.2.a Packet Pg. 127 Attachment: R-22-016 Jasmin Ruiz App (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) 10.A.2.a Packet Pg. 128 Attachment: R-22-016 Jasmin Ruiz App (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) 10.A.2.a Packet Pg. 129 Attachment: R-22-016 Jasmin Ruiz App (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) 10.A.2.a Packet Pg. 130 Attachment: R-22-016 Jasmin Ruiz App (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) 10.A.2.b Packet Pg. 131 Attachment: R-22-016 Jasmin Ruiz Map (3278 : Public Hearing: Case R-22-016; Jasmin Ruiz) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-017; Bradley and Heather Barron; Rezoning from RE, Residential Estates District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) Staff Contact(s): Emily S. Ragsdale Agenda Date: July 19, 2022 Item Number: 10.A.3 Attachment(s): R-22-017 Barron App R-22-017 Barron Map Reviewed By: SUMMARY: In Case R-22-017, Bradley and Heather Barron (“Petitioners”) have petitioned to rezone a total of 23.81 acres from RE, Residential Estates District, to A-1, Agricultural District (to allow for the placement of an accessory structure and a Class B Home Occupation). The subject property is located on Atlantic Timber Lane, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN #s 1580-15-0109, 1580-05-8478, and 1580-05-7851. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners’ 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-22-017 as presented. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-017, I make a Motion to approve the rezoning of a total of 23.81 acres from RE, Residential Estates District, to A-1, Agricultural District, to allow for the placement of an accessory structure and a Class B Home Occupation. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.3 Packet Pg. 132 10.A.3.a Packet Pg. 133 Attachment: R-22-017 Barron App (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 10.A.3.a Packet Pg. 134 Attachment: R-22-017 Barron App (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 10.A.3.a Packet Pg. 135 Attachment: R-22-017 Barron App (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 10.A.3.a Packet Pg. 136 Attachment: R-22-017 Barron App (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 10.A.3.a Packet Pg. 137 Attachment: R-22-017 Barron App (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 10.A.3.a Packet Pg. 138 Attachment: R-22-017 Barron App (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 10.A.3.a Packet Pg. 139 Attachment: R-22-017 Barron App (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) 10.A.3.b Packet Pg. 140 Attachment: R-22-017 Barron Map (3279 : Public Hearing: Case R-22-017 Bradley and Heather Barron) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-018; Robert and Angela Carlberg; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Dudley) Staff Contact(s): Emily S. Ragsdale Agenda Date: July 19, 2022 Item Number: 10.A.4 Attachment(s): R-22-018 Carlberg App R-22-018 Carlberg Map Reviewed By: SUMMARY: In Case R-22-018, Robert and Angela Carlberg (“Petitioners”) have petitioned to rezone 10.41 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for the placement of an accessory structure). The subject property is located on Reservoir View Drive, in the Staunton River Election District, and shown on the Tax Maps as GPIN # 1593-88- 9579. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35- 178 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners’ 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-22-018 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-22-018, I make a Motion to approve the rezoning of 10.41 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for the placement of an accessory structure. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.4 Packet Pg. 141 10.A.4.a Packet Pg. 142 Attachment: R-22-018 Carlberg App (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) 10.A.4.a Packet Pg. 143 Attachment: R-22-018 Carlberg App (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) 10.A.4.a Packet Pg. 144 Attachment: R-22-018 Carlberg App (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) 10.A.4.a Packet Pg. 145 Attachment: R-22-018 Carlberg App (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) 10.A.4.a Packet Pg. 146 Attachment: R-22-018 Carlberg App (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) 10.A.4.a Packet Pg. 147 Attachment: R-22-018 Carlberg App (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) 10.A.4.a Packet Pg. 148 Attachment: R-22-018 Carlberg App (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) 10.A.4.b Packet Pg. 149 Attachment: R-22-018 Carlberg Map (3280 : Public Hearing: Case R-22-018; Robert and Angela Carlberg) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: County EMS Billing Rates Revisions; (Staff Contact: Chris Key) Staff Contact(s): Chris Key Agenda Date: July 19, 2022 Item Number: 10.B.1 Attachment(s): 07-19-2022 Potential EMS Billing Rate Changes Reviewed By: SUMMARY: At the June 21, 2022 Business Meeting, the Board authorized County Staff to advertise a Public Hearing to allow citizen comments prior to enacting the below County EMS Billing Rates revisions: Current Proposed • Basic Life Support (non-emergent) $600 $600 • Basic Life Support (emergent) $600 $650 • Advanced Life Support (non-emergent) $750 $775 • Advanced Life Support (emergent) $750 $800 • Advanced Life Support II $900 $1000 • Treat/No Transport $400 $400 • Patient Refusal $75 $100 • Mileage $16 $18 This has been duly advertised in the Chatham Star Tribune on July 6, 2022 and July 13, 2022. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following conducting the legally required Public Hearing, County Staff recommends the Board approve the County’s EMS Billing Rates revisions as presented. MOTION: “I make a Motion to approve the County’s EMS Billing Rates revisions as presented.” 10.B.1 Packet Pg. 150 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, July 19, 2022, at 7:00 p.m., in the Board Meeting Room, 39 Bank Street SE, Chatham, Virginia 24531, to receive citizen input on potential revisions to Pittsylvania County Code § 11-83(c) involving potential EMS billing rate changes. A full text and related documents/materials are available at the County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.1.a Packet Pg. 151 Attachment: 07-19-2022 Potential EMS Billing Rate Changes (3262 : Public Hearing: County EMS Billing Rates Revisions (Staff Contact:) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Page Road Property Disposition (Staff Contact: Chris Adcock) Staff Contact(s): Chris Adcock Agenda Date: July 19, 2022 Item Number: 10.B.2 Attachment(s): 07-19-2022 PH Disposition of public property - Page Road Property - Berry Hill Page Road Property supplemental information Reviewed By: SUMMARY: In 2021, the County, the City of Danville, Virginia (“Danville”), and the Danville-Pittsylvania Industrial Regional Facility Authority entered a Memorandum of Understanding (“MOU”) regarding the provision of water and sewer service to the Southern Virginia Megasite at Berry Hill (“Megasite”). As a condition of the MOU, Danville is to receive some County-owned infrastructure necessary to serve the Megasite for water and sewer. Since this is a disposition of public property, per the Virginia Code, a Public Hearing is required. As evinced by the attached documentation, this Public Hearing has been duly advertised in the Chatham Star Tribune on July 6, 2022, and July 13, 2022. For the Board’s review and consideration, additional related documentation is also attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following the legally required related Public Hearing, County Staff recommends the Board approve the transfer of the required County property to Danville. MOTION: “I make a Motion of authorize County Staff to prepare the documents necessary for the transfer of the Page Road Pump Station (GPIN 1388-51-3619) from the County to the County and further authorize the Interim County Administrator, or his designee, execute the necessary documents.” 10.B.2 Packet Pg. 152 PUBLIC HEARING NOTICE As required by Virginia Code § 15.2-1800(B), the Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, July 19, 2022, at 7:00 p.m., in the Board Meeting Room, 39 Bank Street SE, Chatham, Virginia 24531, to receive citizen input on the potential disposition of the following parcel of publicly owned real property: Lot numbers 45, 46, and 47, In Block “D,” as shown on a Plan of Westover Hills Extension, Parcel ID 1388-51-3619; located in the Tunstall Magisterial District. A full text and related documents/materials are available at the County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.2.a Packet Pg. 153 Attachment: 07-19-2022 PH Disposition of public property - Page Road Property - Berry Hill (3276 : Public Hearing: Page Road Property 10.B.2.b Packet Pg. 154 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.b Packet Pg. 155 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.b Packet Pg. 156 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.b Packet Pg. 157 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.b Packet Pg. 158 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.b Packet Pg. 159 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.b Packet Pg. 160 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.bPacket Pg. 161Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property 10.B.2.b Packet Pg. 162 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.b Packet Pg. 163 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris 10.B.2.bPacket Pg. 164Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property This Deed is exempt from recordation taxes and fees under Virginia Code §§ 58.1-811(A)(3), 58.1-811(C)(4), and 58.1- 811 (C)(5) Deed prepared by: Grantee: J. Vaden Hunt, Esq. 1 Center Street 1 Center Street Post Office Box 426 Chatham, Virginia 34531 Chatham, Virginia 24531 VSB#65574 Tax Map ID: 1388-51-3619 Title Insurance: Unknown DEED This Deed, dated this ______ day of _______, 2022, by and between the BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, and the CITY OF DANVILLE, P.O. Box 3300, Danville, Virginia 24543, a municipal corporation chartered under the laws of the Commonwealth of Virginia, Grantee. WITNESSETH: That for no monetary consideration, Grantor does hereby grant, give, and convey, with General Warranty and English Covenants of Title unto Grantee all of that certain lot, tract, or parcel of land, with improvements thereon and appurtenances thereunto belonging (“Property”), situate in Pittsylvania County, Virginia, and more particularly described as follows: LOTS NOS. 45, 46 and 47, IN BLOCK “D”, as shown on a Plan of Westover Hills Extension, dated March 24, 1955, made by E. L. Culbreth, Surveyor, and recorded in the Clerk’s Office of the Circuit Court of Pittsylvania County, Virginia, in Deed Book 359, at page 594, more specifically described as follows: BEGINNING at a point on the southern side of Page Road at the dividing line between Lots Nos. 44 and 45, in Block “D”, as shown on the aforesaid map; thence east along the southern side of Page Road 70 feet, more or less, to a point at the dividing line between Lots Nos. 47 and 55, as shown on said map; thence southeast along the eastern line of Lot No. 47, 220 feet, more or less, to a point on the rear line of Lot No. 38, in Block “E”, as shown on said map; thence west along the rear line of Lot No. 38, in Block “E”, 15 feet, more or less, to a point on the eastern line of the Reagan cemetery lot; thence north along the eastern side of the Reagan cemetery lot 40 feet, more or less, to the northeast corner of said Reagan cemetery lot; thence west along the northern side of the Reagan cemetery lot 90 feet to a point at the dividing line between Lots Nos. 44 and 45, in Block “D”, as shown on said map; thence north along the dividing line between Lots Nos. 44 and 45, in Block “D”, 160 feet to the point and place of beginning, and being, in fact, the same property conveyed to the Pittsylvania County Board of Supervisors of Pittsylvania County, Virginia, and recorded at LR210003964 in the aforesaid Clerk’s Office, to which plat and deed reference is hereby made for a more particular description of said property. This conveyance is made subject to all easements, conditions, restrictions and agreements of record and affecting said property. 10.B.2.b Packet Pg. 165 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris In compliance with Virginia Code §15.2-1803, this Deed, and the conveyance of the Property described above, have been accepted by Grantee, pursuant to a Resolution of the Board of Supervisors of Pittsylvania County, Virginia, duly adopted at a meeting of said Board held on the 21st day of June, 2022. A copy of said Resolution is attached to this Deed as Exhibit “A.” Further, acceptance of this Deed and the conveyance of the Property described above to Grantee, is evidenced, below, by the execution of this Deed on behalf of said Board by the Grantee’s undersigned duly authorized official. Witness the following signatures and seals: GRANTOR: BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA By: ____________________________________________ WILLIAM “VIC” INGRAM, Chairman COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA, to-wit: The foregoing Deed was acknowledged before me this ______ day of __________, 2022, by William “Vic” Ingram, acting in his capacity as Chairman of the Board of Supervisors of Pittsylvania County, Virginia, on behalf of said Board. My Commission expires: _______________ Notary’s Registration No. _______________ _____________________________________ Notary Public APPROVED AS TO FORM By: ______________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 10.B.2.b Packet Pg. 166 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris GRANTEE: CITY OF DANVILLE, a Virginia municipal corporation By: _______________________________________ KENNETH F. LARKING, City Manager COMMONWEALTH OF VIRGINIA CITY OF DANVILLE, to-wit: The foregoing Deed was acknowledged before me this ______ day of __________, 2022, by Kenneth F. Larking, acting in his capacity as City Manager for the City of Danville, Virginia, on behalf of said City. My Commission expires: _______________ Notary’s Registration No. _______________ ____________________________________ Notary Public APPROVED AS TO FORM By: ________________________ W. Clarke Whitfield, Jr., Esq. City of Danville Attorney 10.B.2.b Packet Pg. 167 Attachment: Page Road Property supplemental information (3276 : Public Hearing: Page Road Property Disposition (Staff Contact: Chris Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-07-03 (Supporting Naming the Business U.S. 29 North Bridge in Pittsylvania County, Virginia, Banister District, the “Deputy Sheriff J. Holland Thomas, Sr., Memorial Bridge”) Adoption (Chairman Ingram) Staff Contact(s): Chairman Ingram Agenda Date: July 19, 2022 Item Number: 12.a Attachment(s): 2022-07-03 Supporting Naming the Business U.S. 29 North Bridge in Pittsylvania County Virginia Banister District the Deputy Sheriff J. Holland Thomas Sr. Reviewed By: SUMMARY: The Board is committed to recognizing and celebrating the County’s historical heritage and contributions made thereto by its citizens. Virginia Code § 33.2-213 authorizes the Commonwealth Transportation Board to give suitable names to state highways, bridges, interchanges, and other transportation facilities and change the names of any highways and bridges, interchanges, or other transportation facilities forming a part of the systems of State highways. Chairman Ingram desires to name the Business U.S. Highway 29 North Bridge in Pittsylvania County, Virginia, Banister District the “Deputy Sheriff J. Holland Thomas, Sr., Memorial Bridge.” For the Board’s review and consideration, attached is Resolution # 2022-07- 03, supporting the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: For the Board’s review and consideration. MOTION: For the Board’s review and consideration. 12.a Packet Pg. 168 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-07-03 ______________________________________________________________________________ SUPPORT FOR NAMING THE BUSINESS U.S. HIGHWAY 29 NORTH BRIDGE IN PITTSYLVANIA COUNTY, VIRGINIA, BANISTER DISTRICT, THE “DEPUTY SHERIFF J. HOLLAND THOMAS, SR., MEMORIAL BRIDGE” ______________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on July 19, 2022, the following Resolution was presented and adopted: WHEREAS, the Board is committed to recognizing and celebrating the County’s historical heritage and contributions made thereto by its citizens; and WHEREAS, Deputy Sheriff J. Holland Thomas, Sr., (“Thomas”), was a Pittsylvania County Deputy who was killed in the line of duty while serving County citizens; and WHEREAS, on October 8, 1952, while attempting to arrest a man wanted for killing his employer, who supposedly owed him $18, Thomas received gunfire from a 12-gauge shotgun blast to his chest and abdomen area; and WHEREAS, Thomas was taken to Danville Memorial Hospital where he underwent several surgeries to have the pellets removed; and WHEREAS, doctors were able to remove most of the pellets, but were unable to remove some from the abdomen, and Thomas was released from the hospital two (2) weeks later and returned home; and WHEREAS, Deputy Thomas never fully recovered and was forced to retire from the Sheriff’s Office; and WHEREAS, in March 1956, one (1) of the pellets caused an infection and internal bleeding that led to his death; and WHEREAS, Thomas had been in law enforcement for thirty-three (33) years and was survived by his wife, two (2) sons, two (2) daughters, seven (7) grandchildren, and three (3) sisters; and WHEREAS, Law Enforcement Officers save countless lives by protecting County and Virginia citizens through rigorous law enforcement and patrolling of State and County roadways; and every day, they brave ever present danger to assist a stranded motorist, to investigate gun, drug, and human trafficking, to stop public corruption, to bring closure to devastated families, and to stop dangerous driving and dangerous individuals; and WHEREAS, Thomas is an example of the dedication of County Sheriff’s Office, and it’s fitting that the Board remember his ultimate sacrifice; and 12.a.a Packet Pg. 169 Attachment: 2022-07-03 Supporting Naming the Business U.S. 29 North Bridge in Pittsylvania County Virginia Banister District the Deputy WHEREAS, § 33.2-213, Code of Virginia, 1950, as amended, authorizes the Commonwealth Transportation Board (“CTB”) to give suitable names to state highways, bridges, interchanges, and other transportation facilities, and change the names of any highways and bridges, interchanges, or other transportation facilities forming a part of the systems of state highways; and WHEREAS, the same Virginia Code Section further provides that the Virginia Department of Transportation (“VDOT”) shall place and maintain appropriate signs indicating the names of highways, bridges, interchanges, and other transportation facilities named by the CTB. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board fully and enthusiastically supports the naming of the Business U.S. Highway 29 North Bridge in Pittsylvania County, Virginia, Banister District, the location of said bridge depicted in more detail on the map attached hereto and made a part fully hereof, as the “Deputy Sheriff J. Holland Thomas, Sr., Memorial Bridge”; and BE IT FINALLY RESOLVED that a copy of this Resolution be forwarded to the Thomas family, appropriate local VDOT officials, and the CTB for consideration. Given under my hand this 19th day of July, 2022. __________________________________________ William V. (“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 12.a.a Packet Pg. 170 Attachment: 2022-07-03 Supporting Naming the Business U.S. 29 North Bridge in Pittsylvania County Virginia Banister District the Deputy 12.a.a Packet Pg. 171 Attachment: 2022-07-03 Supporting Naming the Business U.S. 29 North Bridge in Pittsylvania County Virginia Banister District the Deputy