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02-21-2023 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, February 21, 2023 - 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham,Virginia 24531 AGENDA 1. CALL TO ORDER (7:00 PM) 2. ROLL CALL 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. AGENDA ITEMS TO BE ADDED 6. APPROVAL OF AGENDA 7. CONSENT AGENDA a. Board Meeting Minutes Approval (Staff Contact: Kaylyn McCluster) b. County's 2023 January Bill List Approval (Staff Contact: Kim VanDerHyde) c. Resolution # 2023-02-01 (Approving County’s Participation in Proposed Settlement of Opioid-Related Claims Against TEVA, Allergan, Walmart, and Walgreens) Adoption Approval (Staff Contact: Vaden Hunt) d. WIA Grant Appropriation Approval (HSRA Grant) (Staff Contact: Kim VanDerHyde) e. CITAC Officers Agreement Execution Approval (Staff Contact: Kim VanDerHyde) f. Virginia Low Income Household Water Assistance Program Participation Agreement Execution Approval (Staff Contact: Chris Adcock) g. FRC Re-Appointment: Ward Rowland (Tunstall District) (Staff Contact: Kaylyn McCluster) h. FRC Re-Appointment: Tim Cassell (Westover District) (Staff Contact: Kaylyn McCluster) Page 1 of 137 i. Town of Chatham/County Revised Master Water and Sewer Agreement Execution Approval (Staff Contact: Chris Adcock) 8. PRESENTATIONS a. General Presentations (Board of Supervisors); (if any) 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS a. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. 1. Public Hearing: Case R-22-038: Myrtle Shields; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Warren). (Staff Contact: Emily Ragsdale) 2. Public Hearing: Case R-22-040: Harold and Celia Hayden; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by an 8-0 vote, with no Page 2 of 137 opposition, that the Petitioners' request be granted. (Supervisor Dalton) (Staff Contact: Emily Ragsdale) 3. Public Hearing: Case R-22-041: Claudia and Willie Aaron; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by an 8-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) (Staff Contact: Emily Ragsdale) 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. PCC Chapter 43 Revisions (VA COIA Filing Forms) (Staff Contact: Kaylyn McCluster) 2. Public Property Disposition (Southside Soccer, Inc.) (Staff Contact: Chris Slemp) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT Page 3 of 137 7.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Board Meeting Minutes Approval Staff Contact(s): Kaylyn McCluster Agenda Date: February 21, 2023 Item Number: 7.a. Attachment(s): 1. 01-17-2023 Finance Committee - DRAFT 2. 01-17-2023 Work Session - DRAFT 3. 01-17-2023 Business Meeting - DRAFT 4. 02-09-2023 Legislative Committee - DRAFT 5. 02-09-2023 Joint Meeting - Planning and BZA - DRAFT Reviewed By: SUMMARY: For the Board's review and consideration, attached are the following recent Board Meeting Minutes: (1) 1/17/2023 (Finance Committee Meeting); (2) 1/17/2023 (Work Session); (3) 1/17/2023 (Business Meeting); (4) 2/9/2023 (Legislative Committee Meeting); and (5) 2/9/2023 (Joint Meeting). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt the Board Meeting Minutes as attached and presented. MOTION: Page 4 of 137 “I make a Motion to adopt the Board Meeting Minutes as attached and presented.” Page 5 of 137 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ FINANCE COMMITTEE January 17, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ Finance Committee was held on January 17, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (2:30 PM) Warren called the Meeting to Order at 2:30 PM. Attendee Name Title Status Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present Robert M Tucker, Jr. Supervisor - Banister District Present Timothy W. Dudley Supervisor - Staunton River District Present Tim Chesher Supervisor - Dan River District Absent Ingram and Scearce were also in attendance. Dalton arrived at 2:35 PM, APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [3 TO 0] MOVER: Tucker SECONDER: Dudley AYES: Warren, Tucker, Dudley AWAY: Chesher NEW BUSINESS a. Personal Property Tax Formula Discussion (Staff Contracts: Kimberly G. Van Der Hyde/Robin Goard) Van Der Hyde and the Honorable Robin Goard, Commissioner of the Revenue, discussed the impacts of potentially changing the County’s Personal Property tax rate. The current tax rate is $9.00 per $100 of assessed value, 30% of market value. Changing the personal property tax rate without changing the valuation methods will have both positive and negative impacts to County taxpayers, and changing the rate and the valuation methods will not result in a revenue neutral effect. The Committee recommended County Staff and Goard work together to see if changing this method is feasible. The optics of the current method appears to be substantially higher than neighboring localities and has an impact on Economic Development prospects when deciding to bring businesses to our County. b. Capital Improvements Plan Review (Staff Contact: Kimberly G. Van Der Hyde) Van Der Hyde presented the County Capital Improvements Plan (“CIP”) for the next five (5) years (FY 2024 - FY 2028). The CIP is reviewed annually by County Departments, as well as Page 6 of 137 Finance Committee January 17, 2023 the School Board, to identify capital improvement needs for the upcoming County Budget year, along with a long-range plan for the next four (4) years. The CIP from this year to last increased by $71M. Van Der Hyde reiterated that just because something is requested in the CIP, does not mean that it is going into the Budget. This CIP could change due to various factors. Her full presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. Motion to recommend the full Board approve the attached FY 2024 - 2028 CIP at tonight’s Business Meeting. RESULT: APPROVED [3 TO 0] MOVER: Dudley SECONDER: Tucker AYES: Warren, Tucker, Dudley AWAY: Chesher c. FY 2024 High Level Budget Review (Staff Contact: Kimberly G. Van Der Hyde) Van Der Hyde presented a high-level Budget review to the Committee that included Budget challenges and possible Budget relief. The presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. d. 2023-2024 Budget Calendar Approval (Staff Contact: Kimberly G. Van Der Hyde) Van Der Hyde presented the County’s 2023-2024 Budget Calendar to the Committee. Per the Code of Virginia, said calendar must be approved by the Board annually. Motion to recommend the attached Budget Calendar to the full Board for approval at tonight’s Board’s Business Meeting. RESULT: APPROVED [3 TO 0] MOVER: Tucker SECONDER: Dudley AYES: Warren, Tucker, Dudley AWAY: Chesher MATTERS FROM COMMITTEE MEMBERS • Tucker thanked Van Der Hyde for her hard work and diligence throughout this Budget process. • Dudley thanked Van Der Hyde and Goard for their hard work. • Warren echoed those comments and thanked County Staff for their hard work, as well as Ms. Worley with the Schools, and he stated this will be a tough Budget year. He also thanked Goard for being present and working with County Staff. ADJOURNMENT Page 7 of 137 Finance Committee January 17, 2023 Warren adjourned the Meeting at 3:21 PM. Page 8 of 137 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION January 17, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Work Session was held on January 17, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (4:00 PM) Dalton called the Meeting to Order at 4:00 PM. ROLL CALL The following Board Members were present: Attendee Name Title Status Arrived Darrell Dalton Chairman - Callands-Gretna District Present 3:30 PM Timothy W. Dudley Vice Chairman - Staunton River District Present 3:34 PM Tim Chesher Supervisor - Dan River District Present 3:47 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 3:30 PM Ronald S. Scearce Supervisor - Westover District Present 3:30 PM Robert M Tucker, Jr. Supervisor - Banister District Present 3:33 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 3:31 PM APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren PRESENTATIONS a. VDH Retention of Budget Funds Discussion (Staff Contact: Kimberly G. Van Der Hyde); (15 minutes) Dr. Spillman, Crystal Davis, and Julia Gwaltney, representatives of the Virginia Department of Health (“VDH”), discussed with the Board their request to retain FY22 and FY23 Budget balances. Davis stated their request would cover the cost of a new generator, to seal and repaint the parking lot, and hepatitis vaccines. VDH requested to retain $10,124.64 from the FY 22 Budget and $95,376 from the FY23 Budget. Their current generator is an older model Generac and there have been several instances of generator failure. The generator runs the vaccine refrigerator, and should the power go off and the generator not power the refrigerator, it could cost thousands of dollars in lost vaccines. The parking lot has cracks, and the paint is very faded, and causes citizens confusion as to where to park. They also believe Hepatitis A is on the rise and the increase of people visiting the casino and throughout the community will only make this worse. Page 9 of 137 Board of Supervisors January 17, 2023 Work Session Motion to approve the funding for the generator in the amount of $40,000 and approve the funding to reseal and paint the parking lot in the amount of $50,000. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. County Broadband Project Update (Staff Contact: Scott Budd); (15 minutes) Budd presented an update regarding the status of the County-wide Broadband Project with RiverStreet Networks. He stated their material orders are in place and some shipments have been received. Pedestals will be arriving within a few days for Michels and Quanta to get started in Sandy Level and Renan. Currently, the plan is for Michels to build the west side starting in Sandy Level, then moving south to Strawberry, Brosville, and coming back north to build Lakeside and Brights. Concurrently, Quanta will build the east side starting at Renan and then moving south into Java, Chestnut, Ringgold, and then back North to finish Hurt and Gretna. Construction should be completed within Q2 or Q3 of this year. It usually takes approximately 120 days from start to finish to get everything set up. Once the construction is completed, and depending on the number of people who call to set up the service, they can begin receiving service in seven to ten (7 – 10) days. His presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. b. Temporary Residential Occupancy of Campers Zoning Issues Discussion (Staff Contact: Emily S. Ragsdale); (15 minutes) Ragsdale stated the current Zoning Ordinance does not allow recreational vehicles to be occupied for any period, anywhere in the County, unless they are in an approved campground. This is causing issues and County Staff is looking at ways the County can allow temporary occupancy in certain circumstances. Ragsdale researched what Ordinances neighboring localities have in place for this. She stated for the Board to consider having a specified length of time with an active building permit, certain zoning classifications, and under certain circumstances. Devin Taylor spoke on behalf of Campers Care LLC, a disaster relief agency, and shared his personal experiences with situations where this type of Ordinance was needed. For transparency, Warren disclosed that he and Taylor have a family relationship. There was consensus from the Board to send this item to the Legislative Committee for review. c. EMS Hospital Diversion Discussion (Staff Contact: Christopher T. Key); (15 minutes) Page 10 of 137 Board of Supervisors January 17, 2023 Work Session Key stated the EMS hospital diversion issues are a hot topic, and these issues have hit the County’s Public Safety hard lately. Recently, a patient was transported to the Danville hospital, but they were put on hold. The nurse come out and checked the patient and said they were waiting on a room and did not receive one until over twelve (12) hours later. He just wanted to open the discussion and make the Board aware of these issues. d. Zito Media Internet Discussion (Staff Contact: Dave F. Arnold); (15 minutes) Arnold stated that Zito Media acquired Chatmoss Cable in the Fall of 2021. Their service area is limited to the Tunstall, Chatham-Blairs, and Westover Districts. There have been numerous County residents who have Zito service with issues who cannot get them resolved with Zito. Rigas met with County Staff and provided contact information for their escalation team. Beginning in early 2022, County Staff passed along information on behalf of those County residents who have had issues with their service but have been unable to get anything resolved through Zito. Hunt stated County Staff would draft a letter on behalf of the Board regarding their displeasure and attempt to meet with Zito’s executive staff for answers. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 5:40 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Chesher SECONDER: Ingram AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren a. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Contact: Board of Supervisors) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Search; County Attorney Evaluation/Employment Agreement Purpose: Review of Same; Discussion of Next Steps b. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: Unannounced Prospective Businesses/Industries Purpose: General Economic Development Projects Update Page 11 of 137 Board of Supervisors January 17, 2023 Work Session c. 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: Dave F. Arnold) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matters: Jail Land Update (Potential Property Acquisition) Purpose: Legal Consultation/Legal Advice Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:52 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Board’s Work Session on January 17, 2023, 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 William V. (“Vic”) Ingram Yes Ronald S. Scearce Yes Robert M. Tucker, Jr. Yes Robert (“Bob”) W. Warren Yes Timothy W. Dudley Yes Darrell W. Dalton Yes ADJOURNMENT Dalton adjourned the Meeting at 6:55 PM. Page 12 of 137 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING January 17, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on January 17, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Dalton called the Meeting to Order at 7:00 PM. ROLL CALL The following Members were present. Attendee Name Title Status Arrived Darrell Dalton Chairman - Callands-Gretna District Present 6:41 PM Timothy W. Dudley Vice Chairman - Staunton River District Present 6:41 PM Tim Chesher Supervisor - Dan River District Present 6:41 PM William "Vic" Ingram Supervisor - Tunstall District Present 6:41 PM Ronald S. Scearce Supervisor - Westover District Present 6:41 PM Robert M Tucker, Jr. Supervisor - Banister District Present 6:41 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:43 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: • CIP for FY 24 - FY 28 as item 12a • 23-24 Budget Calendar as item 12b • VDH funds request as item 13a RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Ingram AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren CONSENT AGENDA Page 13 of 137 Board of Supervisors January 17, 2023 Business Meeting McCluster stated the revisions to the December Business Meeting minutes were out for Public Display and were provided to the Board. These minutes will take place of the minutes included in the Agenda Packet. Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Chesher SECONDER: Tucker AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 December Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Ordinance Ratifying DSS Year-End Bonuses (Staff Contact: Kimberly G. Van Der Hyde) d. Grant Appropriation Requests Approval (Staff Contact: Kimberly G. Van Der Hyde) e. MVP Landfill Pipeline Crossing Agreement Execution Approval (Staff Contact: Chris D. Adcock) f. 4th Chatham/County Master Water/Sewer Agreement Extension Execution Approval (Staff Contact: Chris D. Adcock) g. County/Mecklenburg Electric Cooperative Right-of-Way Easement for Underground Facilities Execution Approval (Staff Contact: Chris D. Adcock) h. WPPDC CEDS Prioritized List Submission (Staff Contact: Matthew D. Rowe) i. Gladys Wimbush (Honoring her 100th Birthday) Certificate Approval; (Staff Contact: Kaylyn M. McCluster) PRESENTATIONS a. General Presentations (Board of Supervisors) None. b. Danville Redevelopment and Housing Authority Presentation (Presenter: Larissa Deedrich) CEO/Executive Director of the Danville Redevelopment and Housing Authority, Larissa Deedrich, presented to the Board the services they offer throughout the County and the City of Danville. Her full presentation can be found on the County’s website at www.pitsylvaniacountyva.gov. HEARING OF THE CITIZENS John Zelinski, Chatham-Blairs District, stated his concerns regarding the compactor sites and the population of the County. Page 14 of 137 Board of Supervisors January 17, 2023 Business Meeting Ben Meeks, Callands-Gretna District, requested the Board look at the Ordinance that regulates temporary camping. He is in support of temporary camping in emergency situations. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-22-030; Mount Zion Baptist Church; 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 Tucker). In Case R-22-036, Mount Zion Baptist Church (“Petitioner”) has petitioned to rezone 3.02 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (allow for a cemetery). The subject property is located on State Road 685/Telegraph Road, in the Banister Election District, and shown on the Tax Maps GPIN # 2550-82-1652. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On December 6, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:29 PM. There was a typo on the Agenda title, and it should read as Case R-22-036. James Stone was present to represent the Petition. No one signed up to speak and Dalton 7:30 PM. Motion to approve the rezoning of 3.02 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be used for a cemetery. RESULT: APPROVED [UNANIMOUS] MOVER: Tucker SECONDER: Dudley AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren Case 2: Public Hearing: Case R-22-039; JDA Associates, Inc; Rezoning from A-1, Agricultural District, 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 Warren). In Case R-22-039, JDA Associates, Inc. (“Petitioner”), has petitioned to rezone 3.396 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow for the property to be consolidated with three (3) adjacent parcels zoned R-1). The subject property is located on State Road 1564/Talbott Drive, in the Chatham-Blairs Election District, and shown on the Tax Maps as part of GPIN # 2319-17-3174. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On December 6, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s Page 15 of 137 Board of Supervisors January 17, 2023 Business Meeting request be granted. Dalton opened the Public Hearing at 7:32 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:32 PM. Motion to approve the rezoning of 3.396 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow the property to be consolidated with adjacent parcels zoned R-1. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Ingram AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren Other Public Hearings 1. Public Hearing: Water/Sewer Rate Increase (Staff Contact: Chris D. Adcock) At the December 20, 2022, Business Meeting, the Board approved Resolution # 2022-12-01, authorizing the advertisement of a Public Hearing to be held at the January Business Meeting to hear comments on the proposed changes to the County’s water and sewer rates, fees, and charges. Additional revenue generated by these increases will help the County implement the County’s Master Water and Sewer Plan and maintain adequate financial reserves. Dalton opened the Public Hearing at 7:34 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:35 PM. Motion to approve the water and sewer rates, fees, and charges as presented. RESULT: APPROVED [6 TO 1] MOVER: Dudley SECONDER: Scearce AYES: Dalton, Dudley, Chesher, Scearce, Tucker, Warren NAYS: Ingram NEW BUSINESS a. CIP for FY 24 - FY 28 Motion to approve the CIP for the FY24 - FY28, as presented in the Work Session. Page 16 of 137 Board of Supervisors January 17, 2023 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Tucker AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren b. 23-24 Budget Calendar Approval Motion to approve the Fy23 - FY24 Budget Calendar as presented in the Work Session. RESULT: APPROVED [UNANIMOUS] MOVER: Tucker SECONDER: Ingram AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker, Warren MATTERS FROM WORK SESSION (IF ANY) a. VDH Funds Request Motion to approve the VDH funding for the generator and to paint the parking lot as presented in the Work Session. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Ingram AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker , Warren BOARD MEMBER REPORTS • Chesher thanked everyone for being in attendance and stated there is a lot of work coming up. • Ingram complimented Dalton for doing such a great job. He sent condolences to the Mike Cassada family, and asked everyone to remember Thomas Freese as on Christmas Eve he lost his house. He congratulated Alex Brummett, Haley Yeatts and Jordan Finney as they are brand new EMT's. He welcomed Trooper Joseph Worley, who was just assigned to the Chatham office and is the son of Mark Worley who works in the County Jail. • Warren thanked Van Der Hyde and Goard for their work and bringing the Board to this point in the Budget process. They are going to work together and try to make the appearance more appealing and realistic for personal property taxes. He also complimented his colleagues and stated there was review of the Camper situation at the earlier Work Session and this item will be going to the Legislative Committee for their review and recommendation. He echoed the sentiments and prayers for Cassada's family. • Dudley thanked everyone for coming out, and stated there are a lot of good things happening. Page 17 of 137 Board of Supervisors January 17, 2023 Business Meeting He thanked County Staff for a smooth Meeting and thanked Dalton for a good Meeting. • Tucker echoed all sentiments of the Board. He thanked County Staff for their work behind the scenes, Hunt for his dual role, and to Van Der Hyde for her hard work on the County Budget. He stated the Board isn’t making any promises, and due to inflation and such, the Budget must be prioritized accordingly. He recognized the Omega fraternity for their Martin Luther King, Jr., prayer breakfast yesterday that was very successful. He thanked all citizens who come out to the Meeting and those watching online as well. • Dalton echoed all sentiments of the Board, and he thanked citizens and County Staff for their hard work. COUNTY ADMINISTRATOR REPORTS Hunt thanked County Staff for their hard work during the Meetings and he commended Dalton for a good job tonight. ADJOURNMENT Dalton adjourned the Meeting at 7:50 PM. Page 18 of 137 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ LEGISLATIVE COMMITTEE February 9, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ Legislative Committee was held on February 9, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (2:30 PM) Chesher called the Meeting to Order at 2:30 PM. Attendee Name Title Status Arrived Tim Chesher Chairman - Dan River District Present 12:33 PM Robert M Tucker, Jr. Supervisor - Banister District Present 12:33 PM Robert ("Bob") W. Warren Supervisor - Chatham Blairs District Present 12:49 PM Dudley and Dalton were also in attendance. Ingram entered at 1:08 PM and Scearce entered at 1:29 PM. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Tucker SECONDER: Warren AYES: Chesher, Tucker, Warren NEW BUSINESS a. PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and Employees) Revisions Review (Staff Contact: Kaylyn M. McCluster) Chapter 31 of the Code of Virginia outlines the Conflict of Interest Act for State and Local Government, which includes annual disclosure statements that are required to be filed. Virginia § 2.2-3115 was recently updated and now requires Industrial Development Authority Members to file the Statement of Economic Interest Form, instead of the Financial Disclosure Statement. County Staff was also contacted by the Office of Children’s Services stating that all CPMT and FAPT Members who are Parent Representatives and/or Private Providers, need to complete the Statement of Economic Interest form as well. For the above reasons, Pittsylvania County Code (“PCC”), Chapter 43, Disclo sure of Personal Business Interests by County Officials and Employees, needs to be updated to reflect said Virginia Code changes, and to bring all other Boards and Commissions up to date with current filing requirements. There are Boards that have been eliminated and created since the last update to PCC Chapter 43. Finally, this year, the Virginia Conflict of Interest Advisory Council sent communication that localities can determine if they will allow electronic signature and acceptance of all annual filin g Page 19 of 137 Legislative Committee February 9, 2023 forms. If so, localities are required to adopt a written policy stating the same. County Staff believes including this addition to PCC Chapter 43 will make the collection of filing forms more efficient. Motion to forward the presented revisions to the full Board for consideration and approval. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Chesher, Tucker, Warren b. Short-Term Rentals Ordinance Preliminary Discussion (Staff Contact: Emily S. Ragsdale) Ragsdale stated that currently, the Virginia General Assembly is considering House Bill No. 2271, attached, which would amend and reenact Virginia Code § 15.2-983 relating to short-term rental property. If adopted, this Bill will restrict a locality’s ability to restrict or govern short - term rental property managed by a Virginia realtor. This Bill defines “short-term rentals” as “the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy. The term “short-term rentals” includes homestays, whole home rentals, bed and breakfasts, hotels/motels, and boarding houses. Currently, the County only regulates hotels/motels. With the increased popularity in short-term rentals across the country due to the prevalent use of online rental platforms and the potential for increased traffic to the area soon, the lack of regulations of short-term rental uses could begin to create adverse effects on County properties near short-term rentals. If HB 2271 is adopted prior to the County adopting short-term rental regulations, the County would lose the ability to regulate short-term rentals managed by a Virginia realtor in the future. Ragsdale recommended looking at regulations regarding short-term rentals before potentially losing that ability. Hunt suggested adding this to the March Work Session Agenda for discussion. There were suggestions made to get information out to citizens regarding this potential change, and Ragsdale stated she would look possibly at a survey to receive citizen input and report that information back to the Board. c. Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale) In 2021, PCC § 35-141(C), Utility Scale Solar Energy Facility, was amended increasing regulations for Utility Scale Solar Energy Facilities. Specifically, said PCC section was revised to increase buffering requirements and provide additional controls to ensure all conditions and regulations are met prior to producing power, while reducing the required distance between approved projects to allow the County to capitalize on the ability to enter into Siting Agreements as allowed by the Code of Virginia. In October 2022, the Board instructed County Community Development Staff to propose further amendments to PCC § 35- 141 to further restrict the development of Utility Scale Solar Energy Facilities. On January 3, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the proposed amendments Page 20 of 137 Legislative Committee February 9, 2023 be adopted. Tucker requested Ragsdale to separate the solar information by District to allow each Supervisor to see what is available in each District. Chesher requested ten (10) miles between the facilities, instead of five (5) miles. Warren stated his concerns with the ten (10) mile recommendation and does not want the County to have unintended consequences that could potentially hinder a large project. After much discussion, there was a recommendation to exempt the Industrial Parks from this regulation. Motion to forward this item to the full Board for approval with the additions of protecting the Industrial Parks that are defined within the County. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Tucker AYES: Chesher, Tucker, Warren d. Temporary Residential Occupancy of Campers Ordinance Review (Staff Contact: Emily S. Ragsdale) To ensure that the County’s Zoning Ordinance can promote the general welfare of County citizens, County Community Development Staff was instructed to draft proposed Ordinance revisions to potentially allow recreational vehicles to be used as a temporary dwelling in specific situations that result in the primary dwelling being rendered uninhabitable by the County Code Official, if certain conditions are met. There was much discussion regarding not limiting this benefit to certain districts or lot size, working with the resident to establish a payment plan should they be delinquent on personal property taxes, and excluding situations where the disaster was intentional. County Staff was instructed to make revisions and present the new draft at the February Business Meeting. ADJOURNMENT Chesher adjourned the Meeting at 2:17 PM. Page 21 of 137 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS JOINT MEETING WITH PLANNING COMMISSION AND BOARD OF ZONING APPEALS February 9, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Joint Meeting was held on February 9, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (2:30 PM) Dalton called the Meeting to Order at 2:30 PM. ROLL CALL The following Members were present Attendee Name Title Status Arrived Darrell Dalton Chairman - Callands-Gretna District Present 2:22 PM Timothy W. Dudley Vice Chairman - Staunton River District Present 2:24 PM Tim Chesher Supervisor - Dan River District Present 2:22 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 2:23 PM Ronald S. Scearce Supervisor - Westover District Present 2:23 PM Robert M Tucker, Jr Supervisor - Banister District Present 2:24 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 2:24 PM The following Planning Commission Members were present: Richard Waters The following Board of Zoning Appeals Members were present: Allan Easley Ronald Merricks Not enough members of the Planning Commission or the Board of Zoning Appeals were present to make quorum, so this was just a meeting of the Board. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Tucker AYES: Dalton, Dudley, Chesher, Ingram, Scearce, Tucker Jr, Warren PRESENTATIONS Page 22 of 137 February 9, 2023 Board of Supervisors Joint Meeting a. Zoning Ordinance Update Presentation (Staff Contact: Emily S. Ragsdale); (Presenter: The Berkley Group) Caroline Vanterve, Planner with The Berkley Group, reviewed the County’s Zoning Ordinance Update with the Board, Planning Commission, and the Board of Zoning Appeals. Her presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. ADJOURNMENT Dalton adjourned the Meeting at 3:28 PM. Page 23 of 137 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's 2023 January Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: February 21, 2023 Item Number: 7.b. Attachment(s): None Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review payments made by the County as oversight of County Fund expenditures. Said January Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=471233&dbid=0&repo=Pitt GovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2023 January Bill List as presented. MOTION: “I make a Motion to approve the County’s 2023 January Bill List as presented.” Page 24 of 137 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Resolution # 2023-02-01 (Approving County’s Participation in Proposed Settlement of Opioid-Related Claims Against TEVA, Allergan, Walmart, and Walgreens) Adoption Approval Staff Contact(s): Vaden Hunt Agenda Date: February 21, 2023 Item Number: 7.c. Attachment(s): 1. 2023-02-01 Opioid Settlement Reviewed By: SUMMARY: The County’s outside opioid counsel has been discussing with the Virginia Office of the Attorney General pending opioid settlements with Teva, Allergan, Walmart, Walgreens, and CVS. The County’s outside opioid counsel has successfully concluded said discussions and settlements will be allocated subject to the Virginia MOU and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors and Janssen. Accordingly, the County’s outside opioid litigation counsel has recommended that the County participate in the settlements to recover its share of the funds that the settlement will provide. For the Board’s review and consideration, attached is Resolution # 2023-02-01, providing the vehicle to do so. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown, at this time. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution #2023-02-01 as presented. MOTION: “I make a Motion to adopt attached Resolution # 2023-02-01 as presented.” Page 25 of 137 Page 26 of 137 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-02-01 ______________________________________________________________________________ A RESOLUTION OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST TEVA, ALLERGAN, WALMART, WALGREENS, CVS, AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY’S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS ______________________________________________________________________________ WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Pittsylvania County (“the County”) by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by the County’s various departments and agencies; and WHEREAS, the County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Pittsylvania County; and WHEREAS, the County has filed suit against Teva, Allergan, Walmart, Walgreens, CVS, and certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed Pittsylvania County; and WHEREAS, the County’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related claims against them; and WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that these pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered “Settlements” that are subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors and Janssen ; and WHEREAS, the County’s outside opioid litigation counsel has recommended that the County participate in the settlements in order to recover its share of the funds that the settlement would provide; and Page 27 of 137 WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel. NOW THEREFORE BE IT RESOLVED that the Pittsylvania County Board of Supervisors, this 21st day of February, 2023, approves of the County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against settling entities. Given under my hand this 21st day of February, 2023. __________________________________________ Darrell W. Dalton Chairman Pittsylvania County Board of Supervisors __________________________________________ J. Vaden Hunt, Esq. Interim County Administrator/County Attorney Pittsylvania County Board of Supervisors Page 28 of 137 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: WIA Grant Appropriation Approval (HSRA Grant) Staff Contact(s): Kim VanDerHyde Agenda Date: February 21, 2023 Item Number: 7.d. Attachment(s): 1. West Piedmont Workforce Development Board HSRA Grant Reviewed By: SUMMARY: The West Piedmont Workforce Development Board recently received notification of a Health Resources and Services Administration Grant Award in the amount of $91,000 as outlined in the attached documentation. This Grant will be used to address the ongoing critical need in health care facilities for trained public health professionals serving the rural communities in Virginia. FINANCIAL IMPACT AND FUNDING SOURCE: This Grant does not requrie a local match. RECOMMENDATION: County Staff recommends the Board approve and appropriate a total of $91,000 to the Workforce Investment Act ("WIA") Fund-Fund 251. MOTION: "I make a Motion to approve and appropriate a total of $91,000 to the WIA Fund-Fund 251." Page 29 of 137 Page 30 of 137 Page 31 of 137 Page 32 of 137 Page 33 of 137 Page 34 of 137 Page 35 of 137 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: CITAC Officers Agreement Execution Approval Staff Contact(s): Kim VanDerHyde Agenda Date: February 21, 2023 Item Number: 7.e. Attachment(s): 1. DPCS CITAC MOA - DPCS-PC Reviewed By: SUMMARY: Recently, the Board approved a donation of $100,000 to Danville-Pittsylvania Community Services (“DPCS”) Board to help renovate their newly purchased Crisis Intervention Team Assessment Center (“CITAC”) located at 366 Piney Forest Road, Danville, Virginia. DPCS will provide staff to perform mental health evaluations of individuals brought to the CITAC and DPCS will serve as Fiscal Agent for administration of the Grant funding awarded by the Virginia Department of Behavioral Health and Developmental Services (“DBHDS”). This Grant will provide funding to cover the law enforcement personnel needed at the CITAC. Both County and City of Danville Law Enforcement Agencies will provide the needed personnel to cover the CITAC law enforcement staffing needs. For the Board’s review and consideration, attached is an Agreement detailing the above-discussed arrangement with the Pittsylvania County Sheriff’s Office (“PCSO”) and DPCS. FINANCIAL IMPACT AND FUNDING SOURCE: The DBHDS Grant will cover the total personnel cost provided by the PCSO. The CITAC deputy/deputies will be employees of the PCSO and shall remain under PCSO’s supervision. The CITAC deputy/deputies shall also be sworn in with the Danville Sheriff’s Office since the facility is in Danville. The PCSO shall also upfit the CITAC deputy/deputies with uniforms and equipment that are necessary to perform their duties at the CITAC. The cost of uniforms and equipment will come from the PCSO’s Budget. RECOMMENDATION: Page 36 of 137 County Staff recommends the Board approve the attached Agreement as to form and allow it to appropriate the necessary Grant funds needed to cover the PCSO personnel costs for the CITAC, when these costs have been determined. MOTION: “I make a Motion to approve the attached Agreement as to form and allow County Staff to appropriate the necessary Grant funds needed to cover the PCSO personnel costs for the CITAC, when these costs have been determined.” Page 37 of 137 Memorandum of Agreement Between Pittsylvania County Sheriff’s Office And Danville-Pittsylvania Community Services (DATE) I. PARTIES This agreement, effective the _______ day of _________ 202 3 by and between the following parties: Pittsylvania County, hereinafter referred to as the “County”, the Pittsylvania County Sheriff’s Office, hereinafter referred to as the “PCSO” and Danville-Pittsylvania Community Services, hereinafter referred to as “DPCS”, (altogether, the Parties) is entered into for the purpose to identify the respective responsibilities of the Parties in relation to the prior Request for Funding to establish a Crisis Intervention Team Assessment Center, hereinafter referred to as the “CITAC”, in rural localities issued _______date and expanded on ______date. II. TERM The term of this Agreement shall be from ________ through ___________. Subject to award of additional funding, this Agreement shall automatically renew for an additional one (1) year terms beginning June 30, 2023. Either party may terminate this Agreement without cause or penalty upon thirty (30) days prior written notice to the other Party. III. PURPOSE The Code of Virginia establishes the powers and authority of DPCS (Code of Virginia, §§ 37.2-500, et seq.). These include the responsibility to coordinate the community services involved during the involuntary commitment process. Authority is granted to enter into joint written agreements with other agencies or governing bodies for purposes c onsistent with the policies of DPCS. The Code of Virginia authorizes the establishment of the PCSO through §§15.2-1600 et seq. and 15.2-1700 et seq., and as provided through general law. The duties of the PCSO described in statute include authorization to initiate an Emergency Custody Order or to serve such order issued by the Office of the Magistrate, and to provide transportation of individuals subject to such order to a location appropriate for completion of the evaluation as required by Code of Virginia § 37.2-808. CITACs are intended to serve as therapeutic locations that are an alternative to a criminal arrest to which authorized law enforcement officers can deliver individuals experiencing an acute or sub-acute behavioral health related crisis. A CITAC offers a facility for transfer of custody of individuals to qualified personnel and immediate access to emergency mental health professionals for clinical assessment in the civil commitment process and linkage to appropriate services in a safe environment. The purpose of this agreement is to provide for emergency evaluations to individuals being referred by Law Enforcement within the Page 38 of 137 Page 2 jurisdictions of the City of Danville and Pittsylvania County, Virginia who m eet the criteria to be assessed at the CITAC and to define the terms and conditions of this arrangement. IV. SCOPE OF WORK DPCS has established a CITAC currently located at 136 West Main Street (and to be relocated at 366 Piney Forest Road sometime in CY 2023), Danville, Virginia. DPCS will provide staff, as described in this Agreement, to perform mental health evaluation of individuals brought to the CITAC, and DPCS will serve as Fiscal Agent for administration of the funding awarded by the Virginia Department of Behavioral Health and Developmental Services (“DBHDS”) pursuant to the DPCS approved response to accept such funding. The PCSO will provide a portion of the law enforcement personnel to staff the CITAC as described in this Agreement. Other partner law enforcement agencies will, by separate agreement, provide the other portion of law enforcement personnel to staff the CITAC. The PCSO shall provide fiscal management services to receive or prepare accounting records and to invoice DPCS to reimburse the PCSO for eligible expenses related to the CITAC, as described in this Agreement. V. RESPONSIBILITIES OF THE PCSO 1. The PCSO will provide one (1) full-time, appropriately qualified, Crisis Intervention Team Assessment Center Deputies (“CITAC Deputies”) for the CITAC to be located at 136 West Main Street (or 366 Piney Forest Road), Danville, Virginia. The CITAC Deputies shall be and shall remain at all times and for all purposes employees of the PCSO and shall remain under supervision of the PCSO in accordance with the PCSO chain of command. The PCSO shall be solely responsible to provide wages and benefits to the CITAC Deputies in accordance with applicable law and existing PCSO policies and procedures. CITAC Deputies and the PCSO will be considered and treated in all respects as having an independent contractor relationship with DPCS. 2. PCSO will make every effort to provide substitute CITAC Deputies, appropriately qualified, when scheduling of the primary officers necessitates and is feasible. PCSO will provide substitute officers in cooperation with other partner law enforcement agencies to ensure the CITAC is properly staffed at all times. Substitute deputies will be compensated at the current extra duty rate for hours of service rendered. If staffing shortages prevent the providing of substitute officers, then the Sheriff or his designee will immediately notify DPCS. 3. PCSO agrees to submit to DPCS reimbursement invoices for the CITAC Deputies and services provided by the PCSO contingent upon receipt from the PCSO of records required for such invoices. PCSO will remit such reimbursement invoices to DPCS at the end of each month. These reimbursement invoices are due to DPCS within fifteen (15) days following the end of each month due to reporting requirements. Page 39 of 137 Page 3 4. In addition to providing personnel as described above, PCSO agrees to: a. Ensure that CITAC Deputies and any other officers assigned to CIT Assessment Center follow agreed upon CIT Assessment Center Policies and Procedures. b. Identify a point person (Sheriff or his designee) for implementation and problem solving under this MOA. c. Ensure that assigned CITAC Deputies are appropriately trained, credentialed and supervised while delivering the designated services. d. Provide necessary law enforcement equipment that will allow the CITAC Deputies to complete their mission successfully and safely. e. Assume responsibility for taking custody of individuals in services at the CIT Assessment Center per the established Crisis Intervention Team Transfer of Custody Memorandum of Agreement between the local partner agencies. f. Provide transportation as follows: If the screening results in a determination that the individual in custody meets the criteria outlined in the Code of Virginia for Involuntary Psychiatric Hospitalization and a Temporary Detention Order is obtained, the PCSO responsibility for transportation shall be as follows: i. When the Inpatient Facility is SOVAH Health – Danville Campus or Southern Virginia Mental Health Institute, the assigned CITAC Deputy may transport the individual to such facility. The decision to conduct the transport will be based on staffing, potential safety risks, and census levels at the CITAC. This decision will be made jointly by the CITAC Deputy, the DPCS pre-admission screener and, if necessary, the PCSO chain of command. If the above factors prevent the CITAC Deputy from conducting the transport, it will be re-assigned back to the referring agency. ii. When the designated Inpatient Facility is a facility other than the above, the transporting agency will be determined by the magistrate based on the criteria listed in Virginia Code § 37.2-810. g. Ensure the CITAC Deputies maintain their assigned departmental equipment in a state of operational readiness. h. Follow state mandates and protocols regarding Crisis Intervention Team (“CIT”) programs. i. Participate in meetings, trainings, and conferences, as directed by PCSO management. j. Complete documentation and data collection in such fashion to ensure required evaluation, data collection, and outcome measures are reported in accordance with the DBHDS funding guidelines. k. Ensure mandatory data collection reports are completed in a timely manner as indicated funding source requirements. l. Act as liaison with other Law Enforcement Officers regarding fulfilling obligations as directed by Code of Virginia. m. Ensure fiscal responsibility and availability of funding to pay for CITAC Deputies wages and benefits, including but not limited to paid time off and overtime. All paid time off and overtime worked by the CITAC Deputies and substitute CITAC Deputies must be pre-approved by the chain of command at the PCSO as well as Page 40 of 137 Page 4 by the DPCS CIT Coordinator. CITAC Deputies’ accrual of leave time shall be in accordance with PCSO personnel policy. n. PCSO makes no representations or warranties of any kind, implied or expressed, with respect to the services provided under this Agreement, including, without limitation, no warranties of merchantability of fitness for a particular purpose, which are specifically disclaimed. o. DPCS acknowledges and agrees that this Agreement does not create a fiduciary relationship, partnership, joint venture or relationship of trust or agency between the Parties and that all services are provided by PCSO as an independent contractor. VI. RESPONSIBILITIES OF DPCS 1. DPCS will provide pre-admission screeners for the CIT Assessment Center. 2. DPCS will serve as the fiscal agent for DBHDS funding. DPCS will reimburse the PCSO for CIT program expenses incurred by the PCSO including, the wages and benefits paid for the CITAC and other expenses as set out in the Program Budget presented in this Agreement. DPCS shall not reimburse expenses that exceed awarded funds. 3. DPCS agrees to: a. Identify a point person (DPCS CIT Coordinator) for implementation and problem solving under this Agreement. b. Ensure that pre-screeners are appropriately trained, credentialed and supervised for delivering the designated services. c. Establish and maintain a unique case file for each individual assessed at the CIT Assessment Center within DPCS’ Electronic Health Record. d. Follow state mandates and protocols regarding CIT programs. e. Participate in meetings, trainings, and conferences as directed by immediate supervisor. f. Ensure mandatory data collection reports are completed in a timely manner as indicated by funding requirements. g. Reimburse Pittsylvania County, within thirty (30) days of invoice, for services rendered by the PCSO as outlined in the CIT program budget, below, up to the limit of funding and in accordance with the budget as set out in this Agreement. VII. CIT PROGAM BUDGET a. CITAC Deputies salaries are offered at the same salary rate as established for PCSO Deputies. Maximum yearly budget for full-time salary and benefits for CITAC Deputies (to include FICA, Insurance, etc.) by agreement to both PCSO and other partner law enforcement agencies. Page 41 of 137 Page 5 Fiscal Year 2023 CIT Assessment Center Deputy #1 $75,000.00 CIT Assessment Center Deputy #2 $75,000.00 CIT Assessment Center Deputy #3 $75,000.00 CIT Assessment Center Deputy #4 $75,000.00 b. Budget for extra duty coverage for CITAC Deputies’ leave time coverage (Available by agreement to both PCSO and other partner law enforcement agencies) Fiscal Year 2023 $25,000.00 The extra duty budget may be amended if necessary and permission is granted by DBHDS. c. DPCS will reimburse the PCSO for pay-out of accrued, unused leave time that is made upon a deputy leaving the Pittsylvania County Sheriff’s Office from the position of employment as a CITAC Deputy. Any such reimbursement shall be specific to time accrued by the deputy while they are in the position of employment as a CITAC Deputy. VIII. LIMITATION OF FUNDS Implementation of this Agreement and the payment of expenses as set forth herein is contingent upon the availability of funds as are awarded in support of the operation of the CIT Assessment Center as described in this Agreement. In the event of funding reduction, or unforeseen increases in cost of services to be provided, which are beyond the control of any party and which result in the expenses of implementation of this Agreement exceeding available funding, other than as specifically stated for CITAC Deputy expenses, this Agreement shall terminate immediately, or the terms of this Agreement may be modifie d by mutual written agreement of the Parties, provided the Parties comply with the terms and conditions established by any applicable funding guidelines. IX. LIABILITY/INSURANCE a. DPCS shall be solely responsible for any and all liability, losses, damages, costs and expenses resulting from any acts or omissions, negligent or otherwise, of DPCS, or of its employees or agents; PCSO shall have no responsibility or liability for any such acts or omissions or for the consequences of any such acts or omissions. DPCS agrees to carry, at its own expense, commercial general liability insurance covering its activities in an Page 42 of 137 Page 6 amount customary and sufficient for similar operations, but in no event less than $2,000,000.00 combined single limit. DPCS shall have PCSO named as an additional insured on all such policies of insurance and shall provide evidence of such insurance to PCSO in a form reasonably acceptable to PCSO. b. PCSO shall be solely responsible for any and all liability, losses, damages, costs and expenses resulting from any acts or omissions, negligent or otherwise, of PCSO, or of its employees or agents; DPCS shall have no responsibility or liability for any such acts or omissions or for the consequences of any such acts or omissions. PCSO agrees to carry, at its own expense, commercial general liability insurance covering its activities in an amount customary and sufficient for similar operations, but in no event less than $2,000,000.00 combined single limit. PCSO shall have DPCS named as an additional insured on all such policies of insurance and shall provide evidence of such insurance to DPCS in a form reasonably acceptable to DPCS. c. CITAC Deputies are employees of PCSO and performing the duties of the law enforcement agency described in statute. PCSO assumes liability for worker’s compensation, professional liability, and the acts or omissions of PCSO employees. X. INJURIES TO PCSO EMPLOYEES PCSO acknowledges its obligation to obtain appropriate insurance coverage for the benefit of PCSO and its employees, including but not limited to appropriate liability and workers’ compensation coverage. PCSO waives any rights to recovery from DPCS for any injuries that PCSO and its employees, including but not limited to CITAC Deputies, may sustain while performing services under this Agreement that arise out of and are in the course of the employee’s performance of work and/or that are a result of the acts or omissions of PCSO or its employees. XI. CONFIDENTIALITY The Parties and their agents, servants, and employees shall comply with all federal, state, and local laws and regulations relating to confidentiality, particularly the confidentiality of protected health information. XII. SEVERABILITY If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. Page 43 of 137 Page 7 XIII. TERMINATION Any party to this Agreement may terminate it by giving the other Part y thirty (30) days prior written notice. In the event that funding is not available to reimburse the PCSO its expenses as provided herein, this Agreement shall immediately terminate. XIV. INTERPRETATION Nothing in this agreement shall be interpreted in such a manner that the interpretation would hinder or impede any partner agency in enforcing the laws, rules, and regulations of the Commonwealth of Virginia or Pittsylvania County. In witness whereof the Parties have executed and delivered this Agreement as of the date written above. ______________________________________________________________________________ James F. Bebeau, LPC Executive Director Date Danville-Pittsylvania Community Services ______________________________________________________________________________ Mike Taylor, Sheriff Date Pittsylvania County Sheriff’s Office _______________________________________________________________________________ J. Vaden Hunt, Interim County Administrator Date Pittsylvania County, Virginia Page 44 of 137 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Virginia Low Income Household Water Assistance Program Participation Agreement Execution Approval Staff Contact(s): Chris Adcock Agenda Date: February 21, 2023 Item Number: 7.f. Attachment(s): 1. Water Provider Participation Agreement 10-7- 22 NSC Reviewed By: SUMMARY: The Virginia Low Income Household Water Assistance Program ("LIHWAP") is a temporary, federally-funded program created to assist low-income households with water and wastewater bills. LIHWAP relief will be available to eligible Virginia residents beginning in October 2022 through September 1, 2023, or until funds are depleted. The Program is administered by the Virginia Department of Social Services in partnership with Promise. Promise is a modern technology solutions company that works with utilities and government agencies around the country to provide payment flexibility for households who are unable to pay their bills and streamline relief distribution to those in need. Customers eligible for LIHWAP assistance must have a past due water/wastewater balance and a gross household income below 150% of the federal poverty level based on household size. Priority will be given to households whose water/wastewater has been disconnected or is at risk of disconnection. The Pogram requires the County to enter into the attached Participation Agreement and provide customer data. FINANCIAL IMPACT AND FUNDING SOURCE: No cost to the County (except for County Staff time required to get our customer data input into the system). RECOMMENDATION: County Staff recommends the Board approve the execution of the attached Participation Agreement as presented. Page 45 of 137 MOTION: “I make a Motion to approve Participation Agreement as attached and presented.” Page 46 of 137 1 WATER PROVIDER PARTICIPATION AGREEMENT FOR THE VIRGINIA LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM This Agreement is entered into effective the date of the last signature herein, by and between the Virginia Department of Social Services (“VDSS” or the “Agency”), Promise Network Inc. (“Promise”) and the Water Provider listed on the signature page (“Water Provider”) for the provision of water bill payments to assist low-income residential households with water and/or wastewater arrearages, reconnection, and ongoing services. WHEREAS, the Virginia Department of Social Services (“Agency”) has been awarded a federal grant under the Low Income Household Water Assistance Program (“LIHWAP”); and WHEREAS, federal funds awarded under the LIHWAP grant shall be used as part of an overall emergency effort to prevent, prepare for, and respond to the COVID-19 pandemic, with the public health focus of ensuring that low-income households have access to drinking water and wastewater services; and WHEREAS, the Agency has contracted with Promise to administer LIHWAP on behalf of the Agency; and WHEREAS, Promise’s administrative duties include distributing funds for water and/or wastewater bill payments to the Water Provider from the LIHWAP grant funds on behalf of households approved for LIHWAP assistance; and WHEREAS, the funds provided under this Agreement will be used to cover and/or reduce arrearages, and pay rates and fees associated with reconnection or prevention of disconnection of service, for approved residential households; and WHEREAS, LIHWAP payments may be used to pay past due balances for customers whose accounts are currently open/active and the household is approved for LIHWAP assistance; and WHEREAS, this Agreement is governed by and subject to federal and state laws and regulations and the Office of Community Services (OCS), U.S. Department of Health and Human Services, and LIHWAP Supplemental Terms and Conditions (attached as Attachment A and incorporated by reference). NOW, THEREFORE, in consideration of the mutual undertaking of the parties to this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, VDSS, Promise, and the Water Provider hereby agree as follows: Non-Signature CopyPage 47 of 137 2 1. Term of Agreement This Agreement shall be in effect from the date of the last signature herein and will remain in effect until December 31, 2023 or until all of the Virginia LIHWAP funds have been distributed, whichever is sooner. The Agreement shall not bind, nor purport to bind, VDSS or Promise for any commitment after the term of the Agreement. 2. Modifications of Agreement Any and all modifications to this Agreement shall be in writing and agreed upon by both parties. 3. Termination of Agreement This Agreement may be terminated effective immediately upon notice to the Water Provider in the event of a determination by Promise that the Water Provider is not in compliance with the terms of this Agreement. Either VDSS or the Water Provider may terminate this Agreement with or without cause and without cost by giving the other party at least sixty (60) calendar days written notice. Termination under this provision shall not discharge any obligation owed by either party on behalf of households that have been awarded LIHWAP benefits prior to the effective date of termination. 4. Promise’s Administrative Responsibilities Promise shall: a. Conduct outreach activities to notify potentially eligible households of LIHWAP. b. Screen for low-income households according to the VA LIHWAP criteria. c. Determine household eligibility based on the VA LIHWAP criteria. d. Provide Water Provider with the necessary requirements for data and funding exchanges. All required information must be provided prior to any payment being issued. e. Make every effort to coordinate closely with the Water Provider to facilitate and expedite the exchange of data and/or funding. f. After receipt of all requested documentation and information, and upon full compliance by the Water Provider with the terms herein, Promise shall: i. Schedule payments for approved households. Payments will be issued via ACH transfer by Promise to the Water Provider on behalf of the Water Provider’s customer. ii. For each scheduled payment, provide a report detailing the total award amount, each customer account receiving a payment, the amount per approved customer account, and any other necessary information to identify the customer account and amount to be credited. The report will be provided to Water Provider concurrently with the transfer of funds so that Water Provider may remove all customers from severance field activities or restore water service as appropriate. Such report is considered confidential and shall be handled as such by Water Provider. g. Comply with all relevant state and federal laws and regulations in its implementation of the LIHWAP. VDSS or Promise shall provide notice to the Water Provider of any changes or amendments to policies or guidelines for the LIHWAP. Such notice may be distributed by email. Non-Signature CopyPage 48 of 137 3 h. Collect and retain the following LIHWAP data indicators as needed from households receiving benefits as set forth in Terms 10 and 11 of the supplemental terms and conditions (Attachment A): i. Number and income levels of households that received assistance; ii. Number of households that received such assistance and include one or more individuals who are sixty (60) years or older, include a household member with a disability, or include children ages five (5) and younger; iii. Gather administrative information regarding local providers (if applicable), agreements with water utilities, recommendations, accomplishments, unmet needs and lessons learned. 5. Water Provider Responsibilities to Participate in LIHWAP The Water Provider shall: a. Execute a LIHWAP Water Provider Participation Agreement. b. Provide a completed W-9. c. Notify Promise immediately if the Water Provider’s tax identification number changes by submitting a new W-9 form to Promise. d. Provide banking information necessary for the transfer of funds via ACH (Water Provider’s account name, bank name, routing number, and account number). e. Provide Promise with at least one designated contact person who shall be available to respond by telephone and electronic mail within 24 business hours to all reasonable inquiries regarding customer accounts, including, but not limited to, inquiries on bills, payments, and services. f. Notify VDSS and Promise within five (5) business days if the Water Provider’s ownership, contact person, contact/billing information, services provided, or service coverage area changes. g. Provide Promise with customer data relating to arrears and customer information relating to any income-based programs where data is known by the Water Provider in the required format (see Data Collection for details). Financial Information/Billing/Services: h. Provide water and/or wastewater services to each eligible and approved residential household that has an account with the Water Provider for which payment is provided under LIHWAP as follows: i. Restore water services to eligible and approved residential households upon full payment of arrearages. Full payment means the entire water and/or wastewater balance on the account including fees, interest, penalties, other charges billed related to disconnection or reconnection, and service transfer balances. ii. After receiving full payment for restoration of water services, not terminate services due to arrearages for at least 90 days. i. Charge all LIHWAP-approved households the same price as that charged for drinking water and/or wastewater services to non-LIHWAP households, as determined by the approved rate Non-Signature CopyPage 49 of 137 4 setting process and continue invoicing LIHWAP households using the Water Provider’s normal billing process. j. Apply LIHWAP payments only to the approved open residential customer accounts authorized by the Agency or Promise. k. Not apply LIHWAP payments to account balances that have previously been written off or fully paid with other funds. l. Not discriminate against a LIHWAP-approved household with respect to terms, deferred payment plans, credit, conditions of sale, or discounts offered to other customers. m. Post all payments to customer accounts within five (5) business days from receipt of the funds. No late, interest, or other delinquent charges shall be added to the customer’s account after the payment has been received and before the payment has posted. n. Inform each LIHWAP recipient that a payment has been applied to the account, including payment amount, in the manner normally used by the Water Provider to reflect payments. o. Provide Promise with confirmation of detailed customer account fund application within ten (10) business days of receipt of funds. If any funds were not fully applied to the intended customer account, provide Promise with the account information, amount not applied and the reason for the non-application of funds. p. Refund any unapplied funds to Promise within thirty (30) business days of receipt of funds. Payment may be made by check, ACH or wire. After September 30, 2023, all refunds of any unapplied funds shall be returned to Promise within ten (10) business days of receipt of funds. q. Continually maintain accurate records of LIHWAP credit balances and annually reconcile accounts. r. Not give any cash equivalent for excess credit. s. Cooperate with any Federal, State, or local investigation, audit, or program review as set forth in the Supplemental Terms and Conditions, Term 11.p. (Attachment A). The Water Provider shall allow Promise and Agency representatives access to all books and records relating to LIHWAP for the purpose of verification of compliance with this Agreement. t. Understand that failure to cooperate with any Federal, State, or local investigation, audit, or program review may result in the immediate disqualification from participation in the LIHWAP. u. Take corrective action in the timeframe specified by the Agency if violations of this Agreement are discovered. Corrective action may include, but is not limited to, providing detailed documentation of changes made and detailed plans for future changes that will bring the Water Provider into compliance. v. Understand that failure to implement corrective actions may result in the immediate disqualification from participation in the LIHWAP. Data Collection: w. Provide, at no cost to Promise or the Agency or the household, the data requested below: i. Contact information and service location address for and data on customers’ household drinking water and/or wastewater costs, current balance, past due balance, service Non-Signature CopyPage 50 of 137 5 status, bill payment history, and/or arrearage history. (Promise shall not require data for more than the previous twelve (12) monthly billing periods.) ii. Contact information for and data on customers who participate in any income-based programs where data is known by the Water Provider, including but not limited to the program name, criteria, and customer received funds. iii. The itemized amount, cost, and type of water assistance and services (e.g., drinking water, wastewater) provided for households approved for assistance under LIHWAP, including the costs of such services. iv. The amount of assistance provided to each household and whether the assistance restored water service or prevented shutoff). The data must be provided within a timeframe and in a format as specified by VDSS or Promise. The data must be provided to Promise for the purposes of verification, research, evaluation, analysis, and reporting. 6. Joint Duties VDSS, Water Provider, and Promise agree to meet at mutually agreed upon dates as necessary to review any recommendations, accomplishments, unmet needs and lessons learned. 7. General Conditions a. AUTHORITY: Nothing herein shall be construed as authority for either party to make commitments that will bind the other party beyond the scope of services contained herein. b. DISCRIMINATION: The Water Provider shall not discriminate against any household because of race, religion, color, sex, national origin, age, disability, political beliefs, sexual orientation, gender identity, or any other basis prohibited by state law relating to discrimination. c. CONFIDENTIALITY: The Water Provider and Promise agree that any information and data obtained as to personal facts and circumstances related to households as part of the performance of this Agreement shall be collected and held confidential, during and following the term of this Agreement, and shall not be disclosed without the individual’s and VDSS’s written consent except as required pursuant to order of a court of competent jurisdiction and as required by law, including the Virginia Freedom of Information Act. d. FRAUD: The Water Provider will be permanently disqualified from participating in the LIHWAP upon the first finding that the Water Provider has committed LIHWAP fraud. Fraud includes, but is not limited to, intentionally providing false information to Promise or knowingly allowing others to do so; intentionally failing to notify Promise of a change in circumstances that materially affects payments received by the Water Provider; intentionally accepting payments that the Water Provider knows, or by the exercise of reasonable diligence would know, the Water Provider is not entitled to by virtue of an overpayment or otherwise; or intentionally making a claim for a payment to which the Water Provider is not entitled pursuant to the terms of this Agreement and all applicable rules, regulations, laws and statutes. In the event the Water Provider receives payment from Promise that Non-Signature CopyPage 51 of 137 6 the Water Provider is not entitled to as a result of the Water Provider’s fraud, the Water Provider must repay the payment unless contrary to a court order. e. NON-FRAUD OVERPAYMENTS: If the Water Provider receives an overpayment from Promise, the Water Provider shall repay the overpayment amount to Promise within ten (10) business days. g. DUE AUTHORIZATION. The persons executing this Agreement represent and warrant to the other party that he or she has been duly authorized to so execute this Agreement. h. SEVERABILITY. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid, the invalidity shall not affect other provisions of this Agreement, which shall be given effect without regard to the invalid provision or application. i. GOVERNING LAW. This Agreement shall be governed by the laws of the Commonwealth of Virginia, excepting its laws regarding the conflict of laws. j. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed to by the parties. No other agreements, oral or written, are valid or bind the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. The parties to this agreement acknowledge the responsibilities, specified above, and will provide the accomplishment of this service in a mutually acceptable and efficient manner. Non-Signature CopyPage 52 of 137 7 BY SIGNING BELOW, THE WATER PROVIDER INDICATES ITS DESIRE TO PARTICIPATE IN THE VA LIHWAP AND AGREES TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. VIRGINIA DEPARTMENT OF SOCIAL SERVICES _____________________________________ By: Michelle Skaggs, Director of General Services DATE PROMISE NETWORK INC. _____________________________________ By: Diana Frappier, CLO DATE Water Provider (Legal Name):_______________________________________________________ Doing Business As Name (if applicable): Signature of Authorized Representative: _____________________________________________ Printed Name of Authorized Representative: __________________________________________ Title of Authorized Representative: __________________________________________________ Date: __________________________________________________________________________ Non-Signature CopyPage 53 of 137 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: FRC Re-Appointment: Ward Rowland (Tunstall District) Staff Contact(s): Kaylyn McCluster Agenda Date: February 21, 2023 Item Number: 7.g. Attachment(s): 1. 02-14-2023 Ward Rowland - Fire and Rescue Commission Reviewed By: SUMMARY: Ward Rowland (“Rowland”) is currently the Fire and Rescue Commission's ("FRC") Tunstall District Representative. His term will expire on March 15, 2023, and Supervisor Ingram desires to re-appoint Rowland for a new four (4)-year term beginning on March 16, 2023, and ending on March 16, 2027. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: Supervisor Ingram recommends the Board re-appoint Rowland as the FRC Tunstall District Representative for a new four (4)-year term beginning on March 16, 2023, and ending on March 16, 2027. MOTION: "I make a Motion to re-appoint Rowland as the FRC Tunstall District Representative for a new four (4)-year term beginning on March 16, 2023, and ending on March 16, 2027." Page 54 of 137 Page 55 of 137 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: FRC Re-Appointment: Tim Cassell (Westover District) Staff Contact(s): Kaylyn McCluster Agenda Date: February 21, 2023 Item Number: 7.h. Attachment(s): None Reviewed By: SUMMARY: Tim Cassell (“Cassell”) is currently the Fire and Rescue Commission's ("FRC") Westover District Representative. His term will expire on March 15, 2023, and Supervisor Scearce desires to re-appoint Cassell for a new four (4)-year term beginning on March 16, 2023, and ending on March 16, 2027. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: Supervisor Scearce recommends the Board re-appoint Cassell as the FRC Westover District Representative for a new four (4)-year term beginning on March 16, 2023, and ending on March 16, 2027. MOTION: "I make a Motion to re-appoint Cassell as the FRC Westover District Representative for a new four (4)-year term beginning on March 16, 2023, and ending on March 16, 2027." Page 56 of 137 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Town of Chatham/County Revised Master Water and Sewer Agreement Execution Approval Staff Contact(s): Chris Adcock Agenda Date: February 21, 2023 Item Number: 7.i. Attachment(s): 1. Water Sewer Agreement TOC-Pitt Co.02-14- 23_FINAL Reviewed By: SUMMARY: Over the past several months, County Staff and Supervisor Warren (as appointed by the Board as a representative) have been negotiating with Town of Chatham Staff and Town Council Members to consolidate and update the various water and wastewater agreements that have existed between the Town and the former Pittsylvania County Service Authority since at least 1982. The consolidated and revised agreement will help to eliminate service territory confusion and will simplify billing between the Town and County. For the Board's review and consideration, attached is a revised Town of Chatham/County Master Water and Wastewater Agreement evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: The County is transferring some customers to the Town, but will be eliminating some maintenance and future facility replacement obligations for the County. Therefore, County Staff expects the cost difference to be negligible over the long term. RECOMMENDATION: County Staff recommends the Board approve the attached, revised Town of Chatham/County Master Water and Wastewater Agreement as presented. MOTION: Page 57 of 137 "I make a Motion to approve the execution of the attached, revised Town of Chatham/County Master Water and Wastewater Agreement as presented.” Page 58 of 137 Page 1 of 26 WATER & WASTEWATER AGREEMENT This AGREEMENT, made this the 1st day of March, 2023, (the “Effective Date”) by and between the TOWN OF CHATHAM, a Virginia municipal corporation, hereafter known as the TOWN, and the COUNTY OF PITTSYLVANIA, a political subdivision of the Commonwealth of Virginia, hereafter known as the COUNTY. WITNESSETH: WHEREAS, the Town owns and operates a state-approved water production facility located at 781 Moses Mill Road, Chatham, Virginia 24531 with sufficient capacity to provide potable water to its own customers and those of the County located in the surrounding contiguous areas; WHEREAS, the Town also owns and operates a state-approved wastewater treatment facility located off of Hill Crest Lane in Chatham, Virginia with sufficient capacity to receive and treat wastewater from its own customers and those of the County located in the surrounding contiguous areas; WHEREAS, the Pittsylvania County Service Authority (PCSA), an independent entity established under the provisions of the Virginia Water and Sewer Authorities Act with operational control of providing water and sewer services in unincorporated areas of the County, was officially and formally dissolved on June 15, 2021, via County Resolution #2021-06-01. The control of water and sewer services in the unincorporated areas of the County now resides with the Pittsylvania County Department of Public Works; WHEREAS, the County owns and operates the 500,000-gallon elevated water storage tank located adjacent to the Green Rock Correctional Facility; and WHEREAS, to provide water and wastewater treatment service appropriate to the needs of its water and wastewater system customers in the most economic manner, the County wishes to avail itself of the Town’s potable water supply and wastewater treatment capabilities where practicable in areas contiguous to the Town. NOW, THEREFORE, in consideration of the foregoing, the parties here to do mutually agree as follows: Replacement of Existing Obligations: This Agreement supersedes and voids all existing agreements between the Town, PCSA and the County for water and for sewer (wastewater) services, including, but not limited to the “User Agreement” dated August 19, 1982, between the Town and PCSA and all subsequent agreements or amendments issued thereafter; Agreement dated December 31, 1991, between the Town and PCSA and all subsequent agreements or amendments issued thereafter; the “Additional Service and Tank Construction Agreement” dated January 16, 2007, between the Town and PCSA; and the Service Area and Booster Station Construction Agreement dated November 1, 2020, between the Town and PCSA. Page 59 of 137 Page 2 of 26 The term of this Agreement shall be for a period of ten (10) years commencing on the 1st day of March, 2023 and shall automatically renew for an additional ten (10) year period, unless either party notifies the other party not less than ninety (90) days prior to the renewal date that it desires to terminate or modify the agreement. 1. Definitions: a. Chatham Service Area shall mean See Exhibit “A” Maps of Chatham Water/Wastewater Treatment Service Area 2. Quantity and Delivery: The Town shall furnish the County, at mutually agreed upon delivery points, during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards of the Virginia Department of Health (VDH) in such quantity as may be required by the County up to the County’s current VDH-Office of Drinking Water, Waterworks Operation Permit required amount. Any quantity higher than the VDH Permit required amount per day must be requested in advance and the Town will use reasonable efforts to provide such quantity based on the availability of water in the Town system. This quantity shall be the balance of the water treatment plant capacity above 750,000 gallons per day which is the Town’s reserve capacity. The total plant capacity shall be as outlined in the Town’s current VDH-Office of Drinking water, Waterworks Operation Permit. The Town shall also furnish the County with state-approved wastewater treatment capacity at mutually agreed upon delivery points with an allocation not to exceed 135,000 gallons per day. a. Water Storage Allocation: In conjunction with the allocated water quantity, the Town agrees to allocate storage capacity as outlined in the Town’s current VDH-Office of Drinking water, Waterworks Operation Permit to support the County’s various consecutive systems between the Town and County. 3. Operation of Facilities: The Town shall operate and maintain the water production and wastewater treatment facilities in an efficient and economical manner, making all necessary and proper repairs and replacements, consistent with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies. 4. Transfer of Ownership and Maintenance Responsibilities The Town shall accept ownership of and assume all operational and maintenance responsibilities of the following County facilities: a. Prison Tank: A 500,000-gallon elevated water storage tank located adjacent to the Green Rock Correctional Facility. b. A ten-inch (10”) water distribution main and associated valves and fittings that connects the Green Rock tank to the Town’s water system. The water distribution main line is generally described as beginning at its connection to the Town’s system at the intersection of Tightsqueeze Road and Tightsqueeze Industrial Road and running in a westerly direction along Tightsqueeze Road, then running north along Beverly Heights Road until it connects to the Town’s Page 60 of 137 Page 3 of 26 system and is shown on the plans identified as “Off-Site Water System Improvements,” Project No. 7647-15, as prepared by Thompson & Litton, dated as “issued for bidding on February 20, 2006” and on file with the Pittsylvania County Department of Public Works. c. A sewer line and manholes running from Green Rock prison to its connection with the Town’s system located east of Beverly Heights Road and west of the Norfolk Southern train tracks. d. All gravity sewer lines, manholes and forcemains serving the Tightsqueeze Industrial Park (also known as Chatham South Industrial Park), running from the sewer pump station in a northerly direction and then north along Tightsqueeze Industrial Road, east along Tightsqueeze Road (Route 703) , to the north along the west side of Tightsqueeze Plaza and along U.S. Highway 29 to the connection of the Town’s sewer line on the east side of Highway 29 and shall include the line servicing the businesses on the east side and fronting Highway 29. These facilities are as shown on the plans entitled “Sanitary Sewer System, Chatham South Industrial Park, Project 92-2S", as prepared by Dewberry & Davis and dated January 1992, and on the plans entitled “Pittsylvania County Service Authority, Cherrystone Interceptor” as prepared by Olver Inc., dated August 16, 1982 and issued for bidding on April 18, 1983. e. All gravity sewer lines, manholes and forcemains in the northern portion of the Chatham Service Area running along or serving properties along Hodnetts Mill Road , Pine Street, White Steet, North Main Street (Highway 29 north business), and, Clarktown Church Road. These facilities are further identified on the plans entitled: “Sewer Improvements, North Chatham Sewer Facilities” as prepared by Mattern & Craig as revised on March 27, 1990; and the plans entitled: “Chatham North Industrial Park, Sanitary Sewer / Force Main”, as prepared by Dewberry & Davis, record drawings dated November 14, 1990. These lines include sewer service to the Chatham Industrial Park located at My Twin Lane. f. The Town will also assume all existing County customers associated with these facilities. 5. Pump Station Facilities Lease, Operation, and Upgrade Responsibilities: a. Generally: For good and valuable consideration in the sum of ONE DOLLAR ($1.00), the receipt and adequacy of which are hereby acknowledged by the County, the County does hereby lease to the Town, with all operational rights, the following Facilities: i. The sewer pump station serving the Tightsqueeze Industrial Park (also known as Chatham South Industrial Park). Page 61 of 137 Page 4 of 26 ii. The sewer pump station known as the “Hodnett’s Mill Pump Station” and serving the Chatham North area as further identified in item 4.e. above. iii. The sewer pump station known as the “Chatham North Industrial Park Pump Station” which serves the Chatham North Industrial Park and other areas. b. Term of Lease: The lease shall have the same term as the initial term of this Agreement (ten (10) years from March 1, 2023). At the end of the initial term, the parties will assess the need for the continuation of the lease based on the current obligations of the County to the Economic Development Authority (“EDA”) pursuant to the 2022 grant received by the County for repairs/upgrades to the pump stations at that time. In the event the County still has obligations pursuant to the grant, the term of the lease will renew with this Agreement for an additional ten (10) years. However, upon the fulfillment of the County’s obligations to the EDA, the lease will automatically terminate and ownership of the pump stations will transfer automatically to the Town. The County shall notify the Town within sixty (60) days of the fulfillment of all obligations to the EDA. c. No Warranties: The Town acknowledges (i) that the County has not made any representations regarding the physical condition of the Facilities; and (ii) that there are no warranties, either express or implied, regarding the conditions of the Facilities. The Town hereby leases and accepts the Facilities “AS IS” and “WITH ALL FAULTS.” d. Upgrade Responsibilities: The County will upgrade and make needed repairs to these facilities in accordance with an EDA grant received by the County for such repairs/upgrades. The County does not guarantee the type of repairs or upgrades that will be made to each station only to the extent that is outlined in the grant documents. e. Use and Operation: The Town, at its sole expense, shall use, occupy, and operate the Facilities throughout the term of the lease in compliance with all applicable rules, regulations, and laws and shall hold the County harmless from any expense or liability therefor. f. Maintenance and Repairs: The Town, at its sole expense, shall keep and maintain the Facilities and every part thereof and any and all appurtenances thereto wherever located, in good order, operating condition, and repair (including any replacement and restoration as is required to keep the same in good order, operating condition, and repair). g. Utilities: The Town shall contract for all utilities necessary for the operation of the Facilities throughout the term of the lease and shall hold the County harmless from any liability therefor. Page 62 of 137 Page 5 of 26 h. Insurance: Throughout the term of this lease, the Town shall maintain comprehensive public liability and property damage insurance, at the Town’s sole expense, covering all conditions and operations on or upon the Facilities, with coverage amounts of at least Two Million and 00/100 Dollars ($2,000,000.00), for damage to all property and for any occurrence resulting in bodily and personal injury to, or death of, one or more persons and consequential damages therefrom. All such insurance shall be provided by an insurance carrier licensed to issue such coverage in the Commonwealth of Virginia. The Liability Insurance shall indemnify the County and name the County as an additional insured. Upon the execution of this Agreement, The Town shall provide to the County a certificate or certificates of insurance evidencing that all such insurance required by this Section is in full force and effect. i. Failure to Procure Insurance: In the event the Town shall fail to procure insurance required under this Article and fail to maintain the same in force continuously during the Term and fails to reinstate in full force and effect such coverage within ten (10) days after notice from the County, the county shall be entitled to procure the same and the Town shall immediately reimburse the County for such costs and expenses of procurement. 6. Meter Responsibilities: a. Metering Equipment: Any necessary metering equipment required for properly measuring the quantity of water delivered by the Town to the County shall be designed, planned, and coordinated by the Town. Two (2) meters will be installed; one (1) will be installed on the main service line on Samuel Harris Lane to monitor water flow south and one (1) will be installed in a vault located on the east side of Highway 29 where it intersects the Dominion Energy Powerline right away in the vicinity of 18812 HWY 29. The cost shall be covered by The Town through the Virginia Department of Health ARPA award Project Number CSFRF -05 dated 12 April 2022 . Such metering equipment shall be calibrated whenever requested by the County but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result shall be deemed to be accurate. b. Metering Adjustments: The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the two (2) months prior to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless the County and Town shall agree upon a different amount. Page 63 of 137 Page 6 of 26 7. Billing Procedure: The metering equipment shall be read quarterly based on the regular town schedule. An appropriate official of the County shall have access, at all reasonable times, to the meter for the purpose of verifying its readings. The Town shall bill the County quarterly for water usage in accordance with the Town’s customer service policies. The Town shall furnish the County with an itemized statement of the amount of water furnished the County during the preceding quarter. 8. Rates and Payment: The County shall pay the Town for metered water and sewer usage based on the Audited Cost of Production as outlined below. a. Audited Cost of Water Production: The Town’s audited cost of production shall be calculated every three years based upon the prior fiscal year’s finalized financial audit and includes the following variables: Water Treatment Plant Operating Expenses: The Town shall account for annual routine operating costs at its water treatment plant (WTP) located at 781 Moses Mill Road, Chatham, VA. Routine operating costs include but are not limited to, salary and benefits of WTP employees, utilities, chemicals, permits, supplies, and other related items integral to the operation of the WTP. i. Water Treatment Plant Capital Expenditures: The Town shall account for capital expenditures incurred at its water treatment plant. Capital expenditures are plant-related improvements occurring less frequently than annually, are included in the Town’s long-range Capital Improvements Plan (CIP) and are financed using the Town’s funds within a fiscal year. Capital expenditures include, but are not limited to, such items as pump and valve replacements, monitoring and/or testing equipment replacement, backwash lagoon dredging, roof replacement and other plant-related items included in the Town’s CIP. Expenditures made in accordance with this category cannot be included in item #3 “Debt Service.” ii. Water Treatment Plant Debt Service: The Town shall account for future debt service expenditures incurred for its water treatment plant. Debt service expenditures include principal and interest expenses and associated financing fees for debts incurred for improvements to the water treatment plant. iii. Water Treatment Plant Production: The town shall meter and account for the total volume of finished water produced at its water treatment plant that is supplied to the water distribution system. The finished water production volume total excludes water used for the water treatment plant backwashing and operations. iv. Sample Water Production Cost Calculations: See Exhibit “B” Page 64 of 137 Page 7 of 26 b. Water Bill Rebate: The Town will provide a water bill rebate to the County, for a period of ten (10) years after the Effective Date of this Agreement. The rebate will be calculated based on the net difference between the Town’s sewer charges at their current sewer rate and the County’s sewer charges based on their former sewer rate as applied to the former County sewer customers transferred to the Town (customers listed in Table 2). An example calculation is shown in Table 1. The rebate shall be applied to the County’s quarterly water bill. c. Annual Water Rate Adjustment: The Town shall modify the bulk water rate annually, based upon the CPI as reported in December of each year, for the next fiscal year, on or about July 1st, the beginning of the new fiscal year. Either party may request a production cost audit prior to the three-year planned audit. Any “early” audit will use the Town’s previous year finalized audited costs. 9. Audited Cost of Sewer Treatment: a. Audited Cost of Sewer Treatment: The Town’s audited cost of wastewater treatment shall be calculated every three years based upon the prior fiscal year’s financial audit and includes the following variables: i. Wastewater Treatment Plant (WWTP) Operating Expenses: The Town shall account for annual routine operating costs at the WWTP. Routine operating costs include but are not limited to, salary and benefits of facility employees, utilities, chemicals, permits, supplies, and other related items integral to the operation of the WWTP. ii. Wastewater Treatment Plant Capital Expenses: The Town shall account for capital expenditures incurred at its wastewater treatment plant. Capital expenditures are plant-related improvements occurring less frequently than annually, are included in the Town’s long-range Capital Improvements Plan (CIP) and are financed using the Town’s funds within a fiscal year. Capital expenditures include, but are not limited to, such items as pump and valve replacements, monitoring and/or testing equipment replacement, non-annual maintenance expenditures, roof replacement and other plant-related items included in the Town’s CIP. Expenditures made in accordance with this category cannot be included in item #3 “Debt Service. “Wastewater Treatment Plant Debt Service: The Town shall account for future debt service expenditures incurred for its wastewater treatment plant. Debt service expenditures include principal and interest expenses and associated financing fees for debts incurred for improvements to the wastewater treatment plant. iii. Wastewater Treatment Plant Production: The town shall meter quarterly and account for the total volume of wastewater treated at its facility. Page 65 of 137 Page 8 of 26 iv. Surcharge for Abnormal Waste Strength and Characteristics: Charges for the treatment of abnormal waste strength or characteristics that may be determined by the Town in accordance with its sewer use ordinance rules and regulations. v. Sample Waste Water Treatment Cost Calculations: See Exhibit “C” 10. Annual Wastewater Rate Adjustment: The Town shall modify the wastewater rate annually, based upon the CPI as reported in December of each year, for the next fiscal year, on or about July 1st, the beginning of the new fiscal year. Either party may request a production cost audit prior to the three-year planned audit. Any “early” audit will use the Town’s previous year finalized audit costs. 11. County Landfill Leachate Volume: The County is authorized to pump leachate from the Pittsylvania County Landfill into the Town sewer system via a line to the Times Fiber Pumping Station in the Tightsqueeze Industrial Park. The volume and timing of the leachate delivery will be agreed on by the Town to not create a violation of DEQ permits and operating limits of the Wastewater Treatment Plant. All delivery of leachate requires verbal communication with Town Wastewater Plant personnel prior to the start of pumping operations. The County will certify rate and volume of leachate volume pumped from the County Landfill to the Town system via a drawdown test coordinated with the Town Wastewater Treatment Plant. This test will be conducted every three years. Either party may request an “early” verification test. The County may choose to install a meter at the County landfill leachate pumping facility which, if installed, would be used to determine the leachate volume in lieu of the drawdown tests. This meter would be subject to the same calibration and adjustment requirements as outlined in Item 6 above. The Town will bill the County quarterly for the volume of leachate pumped into the Town sewer system. 12. Indemnification. The County agrees to indemnify and hold the Town harmless from any and all liability, loss, damages, costs, and expenses which the Town may incur, including, but not limited to, fines from DEQ, costs or expenses and attorneys’ fees, which are directly or indirectly related to a violation by the County of any DEQ permits or operating limits at the Town’s Wastewater Treatment Plant as set forth in Section 11 above. 13. Limitation of Liability. No covenant, agreement or obligation, contained in this Agreement shall be deemed to be a covenant, agreement or obligation of any past, present or future office, director, employee or agent of the Town or the County in his or her individual capacity, and neither the directors, officers, employees, or other agents of the Town or the County shall be liable personally under this Agreement or subject to any personal liability or accountability by reason of the execution and delivery hereof. 14. Notices. Any notice required or contemplated to be given to a party by the other party shall be in writing and shall be given by hand delivery, certified or registered United States Postal Service mail, or a private courier service which provides evidence of receipt as part of its service as follows: Page 66 of 137 Page 9 of 26 If to the Town: Mayor Town of Chatham 16 Court Place Post Office Box 370 Chatham, Virginia 24531 If to the County: Director Pittsylvania County Department of Public Works 1 Center Street Post Office Box 426 Chatham, Virginia 24531 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change in the manner provided herein. A notice given hereunder shall be deemed given on the date of hand delivery, deposit with the United States Postal Service properly addressed and postage prepaid, or delivery to a courier service property addressed with all charges prepaid, as appropriate. 15. Severability. If any provision of this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. 16. Successors and Assigns. The Agreement shall be binding, to inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. 18. Amendment, Modification and/or Supplement. The parties may amend, modify or supplement this Agreement in such manner as may be agreed upon the by the parties provided such amendments, modifications, and or supplement are reduced to writing and signed by the parties or their successors in interest. Additional Information 1. Table 1 is the Annual CPI escalation clause, provided by the Town and Rebate Formula Example 2. Table 2 is the list of County sewer customers and billing rates, transferred to the Town 3. Exhibit A: Maps of Chatham Water/Wastewater Treatment Service Area 4. Exhibit B: Sample Water Production Cost Calculations 5. Exhibit C: Sample Waste Water Treatment Cost Calculations Page 67 of 137 Page 10 of 26 IN WITNESS WHEREOF, the Parties have hereunto set their hands and affixed their seals, the day and year first above written. TOWN OF CHATHAM, a Virginia municipal corporation By: Alisa Davis, Mayor ATTEST: By: Kelly Hawker, Town Clerk/Treasurer COUNTY OF PITTSYLVANIA, a political subdivision of the Commonwealth of Virginia By: Darrell Dalton, Chairman Pittsylvania County Board of Supervisors ATTEST: By: Print Name: Title: Page 68 of 137 Page 11 of 26 TABLE 1 ANNUAL CPI ESCALATION CLAUSE: CPI for all Urban Consumers (CPI-U), Water and sewerage maintenance in U.S. city average, all urban consumers, not seasonally adjusted. (Website: https://data.bls.gov/timeseries/CUUR0000SEHg01) Reference period is annual rate (average of 1st half and 2nd half rate) Frequency of Adjustment = Annually, with a new audited base payment every three years Base Payment = Audited cost of drinking water production ($0.00619) or waste water production ($0.0069) Floor is last audited production costs. Ceiling will not exceed CPI-U of 8.0 Example of adjustment calculations: (using 2020 and 2021 CPI-U rate for water sewer maintenance) - Drinking Water year 2: base + Year Avg CPI-U x base payment - 1.00305 x .00619 = .00621/gal - Waste Water year 2: 1.00305 x .0069 = .00692/gal - Drinking Water year 3: base + Year Avg CPI-U difference from previous year x previous year payment - 1.001 x .00621 = .00621/gal - Waste Water year 3: 1.001 x .00692 = .00693/gal QUARTERLY REBATE EXAMPLE (All rates are for example only actual rates will be used for calculations) Water rates are based on “per 1000 gallons of use” - Town Rate to Customer = $9.88 (is $.0098 per gal) Sewer rates are based on “per 1000 gallons of water use” - Town Sewer Rate to Customer = $13.75 (is $.01375/gal) - Pitt Co. Sewer Rate to Customer = $.00858/gal EXAMPLE BILL: Customer #1: sewer usage based on the water meter reads 9000 gallons, so the Customer Sewer bill at Town rate: 9000 x $.01375/gal = $123.76 - Customer Sewer Bill at County rate: 9000 x $.00858 = $77.22 Page 69 of 137 Page 12 of 26 - Customer #1 Sewer Bill rebate back to Pitt Co. from Town is: $123.76 – $77.22 = $46.54 Customer #2: sewer usage based on the water meter reads 11000 gallons, so the Customer Sewer bill at Town rate: 11,000 x $.01375/gal = $151.25 - Customer Sewer Bill at County rate: 11,000 x $.00858 = $94.38 - Customer #2 Sewer Bill rebate back to Pitt Co. from TOC is $151.25 - $94.38 = $56.87 So, for example if the Pitt Co. Water Bill from Robin Court Meter = $10,000.00 + Samuel Harris Lane Meter = $10,000.00 / Total = $20,000.00 Then the Rebate Adjustment is from the Town is $20,000.00 – (Customer #1 sewer bill difference ($46.54) + Customer #2 sewer bill difference ($56.87), + Customer #3, etc.) = $19,896.59 (Water bill based on meters minus the difference between the Town sewer charge and the Pitt Co. sewer charge) Page 70 of 137 Page 13 of 26 TABLE 2 LIST OF COUNTY SEWER CUSTOMERS TO BE TRANSFERRED TO TOWN and CURRENT BILLING RATES CUSTOMER Account # ADDRESS RATE Pitts County School Board-Chatham High 2904 100 Chatham Cavalier Cir SW CHAT - 29 REs Pitts County Sheriff's Dept 5319 121 Tightsqueeze Plaza SW CHAT Golden Skillet 2918 13629 US Hwy 29 SW CHAT Tiger Mart 2917 13641 US Hwy 29 SW CHAT Boddie-Noell Enterprises 2879 13689 US Hwy 29 SW CHAT Associated Services Corp 2898 13701-1 US Hwy 29 North SW CHAT Doll's Medical Transport 3605 13701-3-4 US Hwy 29 North SW CHAT URW Federal Credit Union 2897 13701-5 US Hwy 29 North SW CHAT Tasty Hut, LLC C/o Engie Insight-Ms 9479 8374 13701-6 US Hwy 29 North SW CHAT Adv Store 2128 2881 13701-A-2 US Hwy 29 North SW CHAT Goodwill Industries Of The Valleys Inc 8325 13701-A-5 US Hwy 29 North SW CHAT R3 Fitness 8380 13701-A-6 US Hwy 29 North SW CHAT Goodwill Industries Of The Valleys Inc 8326 13701-B US Hwy 29 North SW CHAT Dollar General 3530 13701-B-4 US Hwy 29 North SW CHAT Food Lion LLC #464 2891 13701-G US Hwy 29 North SW CHAT Russell Cellular Inc / Jeff Russell 8312 13701-G-8 US Hwy 29 North SW CHAT Kzds Personal Care Services 7386 13701-L-2 US Hwy 29 North SW CHAT Roses Store-502 2883 13701-M US Hwy 29 North SW CHAT ABC Board #283 2886 13701-P US Hwy 29 SW CHAT South End Leasing 6599 13784 US Hwy. 29 SW CHAT Gpm Investments 4532 13869 US Hwy 29 SW CHAT American National Bank 2865 13880 US Hwy. 29 SW CHAT Perfect Nails 3921 13900 US Hwy. 29 SW CHAT Shorter Inc 8692 13901 US Hwy 29 SW CHAT Lotus Chinese 8391 13902 US Hwy. 29 SW CHAT O'kellys 2868 13904 US Hwy. 29 SW CHAT Sellers Insurance 6291 13906 US Hwy. 29 SW CHAT Minesh Shah, MD 8678 13908 US Hwy. 29 SW CHAT Knyla Harris Photography 8411 13910 US Hwy. 29 SW CHAT Davita Dialysis 1 2872 13912 US Hwy. 29 SW CHAT Davita Dialysis 2 5867 13912 US Hwy. 29 SW CHAT Davita Dialysis 3 5868 13912 US Hwy. 29 SW CHAT Page 71 of 137 Page 14 of 26 Frank's Pizza 1 3347 13914 US Hwy 29 SW CHAT Frank's Pizza 2 4869 13915 US Hwy 29 SW CHAT Danville Orthopedic 2874 13920 US Hwy 29 SW CHAT Giles, Lewis P 5506 13924 US Hwy 29 SW CHAT Harris, Zachary T 8681 13926 US Hwy 29 SW CHAT Alhaimi, Najib M 8401 13928 US Hwy 29 SW CHAT San Marcos Mexican Restaurant 5306 13950 US Hwy 29 SW CHAT Jr & Jb Realty, LLC 6830 13995 US Hwy 29 SW CHAT Atkinson, J R 4024 14277 US Hwy 29 SW CHAT Cherrystone Vet Hospital 7445 14390 US Hwy 29 SW CHAT Cherrystone Outdoor 8087 14512 US Hwy 29 SW CHAT Truist Bank 3510 148 Tightsqueeze Plaza SW CHAT Lgk Of Tightsqueeze, Inc 6449 220 Tightsqueeze Road SW CHAT Times Fiber Communications 2907 380 Tightsqueeze Ind. Rd SW CHAT Times Fiber Communications 2908 APT A Tightsqueeze Industrial Rd SW CHAT Times Fiber 2909 APT B Tightsqueeze Industrial Rd SW CHAT Plotkin-Brackin Associates 2914 385 Tightsqueeze Industrial Rd SW CHAT Kay Geyer 8169 464 Hill & Dale Farm Road SW CHAT Donnie Yeatts Building 4874 476 Tightsqueeze Road SW CHAT Southern States Chatham Coop, Inc 6236 485 Tightsqueeze Industrial Rd SW CHAT Dewberry, Alton & Carla 6245 512 Tightsqueeze Road SW CHAT Gauldin, Cameron 8796 554 Tightsqueeze Road SW CHAT Arkema, Inc PO-4501090208 2910 601 Tightsqueeze Industrial R SW CHAT Arimar, Inc 2878 703 Tightsqueeze Ind Road SW CHAT Dadant & Sons 6940 820 Tightsqueeze Industrial R SW CHAT Roberts, William 3237 824 Tightsqueeze Industrial R SW CHAT Pittsylvania County Community Action 2824 508 North Main Street SW CHAT FLAT Pittsylvania County Community Action 8420 508-2 North Main Street SW CHAT FLAT Abbott, James A & Melinda 2823 521 North Main Street SW CHAT FLAT Haskins, Carmellier 6332 527 North Main Street SW CHAT FLAT Saunders, Catherine 2819 532 North Main Street SW CHAT FLAT Welle-Saldana, Alfredo 8495 533 North Main Street SW CHAT FLAT Wright, Ray 4065 545 North Main Street SW CHAT FLAT Yarborough, Priscilla 5360 551 North Main Street SW CHAT FLAT Brown, Jay & Barbara 2959 557 North Main Street SW CHAT FLAT Witcher, Angeline J 2810 613 North Main Street SW CHAT FLAT Waller, John H 2809 619 North Main Street SW CHAT FLAT Wright, Connie M 3846 620 North Main Street SW CHAT FLAT Power Of Deliverance Church 2943 629 North Main Street SW CHAT FLAT Page 72 of 137 Page 15 of 26 Nelson, Helen A 2804 638 North Main Street SW CHAT FLAT Banks, Clyde Sr 3325 643 North Main Street SW CHAT FLAT Wimbush, Tonya 3231 645 North Main Street SW CHAT FLAT Howerton, Lola C 2808 649 North Main Street SW CHAT FLAT Stone, Shirley Ann 2805 653 North Main Street SW CHAT FLAT Carter, Reid Jr 2797 658 North Main Street SW CHAT FLAT Jones, Tina R 6621 661 North Main Street SW CHAT FLAT Little Mount Zion Holiness Church 2796 662 North Main Street SW CHAT FLAT Berger, Katherine C 2795 668 North Main Street SW CHAT FLAT Davis, Angela R 2790 675 North Main Street SW CHAT FLAT Price, Elnora K 2788 677 North Main Street SW CHAT FLAT Price, Elnora 2789 677-A North Main Street SW CHAT FLAT Younger, Thelma 2961 685 North Main Street SW CHAT FLAT Jones, Mary Ann 3020 687 North Main Street SW CHAT FLAT Jones, Mary Ann 3207 689 North Main Street SW CHAT FLAT Eastern Panel 1 6359 100 My Twinn Lane SW CHAT Eastern Panel 2 100 My Twinn Lane SW CHAT Townes, Lillie 2952 109 Chatham Elementary Lane SW CHAT FLAT Good, Jonathan 4262 140 Chatham Elementary Lane SW CHAT FLAT A & A Mechanical, Inc 2861 110 My Twinn Lane SW CHAT FLAT Parks Of Chatham 2786 1152 North Main Street SW CHAT FLAT - 39 UNITS Petty, Jacqueline D 2846 12 Pine Street SW CHAT FLAT Perkins, James C 2847 22 Pine Street SW CHAT FLAT Barksdale, Emily V 2848 26 Pine Street SW CHAT FLAT Calloway, Curtis 2849 36 Pine Street SW CHAT FLAT Williams, Pamela L 6861 38-1 Pine Street SW CHAT FLAT Tunstall, Davina C 6270 38-2 Pine Street SW CHAT FLAT Portee, Javonna P 2855 42 Pine Street SW CHAT FLAT Guildfield Heights Apartments 2955 45 Pine Street SW CHAT FLAT - 30 UNITS Wilson Memorial Baptist Church 2827 121 Hodnett Mill Road SW CHAT FLAT Harris, Kaylin M 8288 161 Hodnett Mill Road SW CHAT FLAT Tompkins, Ellawese 3748 220 Hodnett Mill Road SW CHAT FLAT Ghee, Queen I 2829 268 Hodnett Mill Road SW CHAT FLAT Harris, Nadia L 2831 280 Hodnett Mill Road SW CHAT FLAT Jones, Betty S 4364 320 Hodnett Mill Road SW CHAT FLAT Farrish, Daisy 7195 356 Hodnett Mill Road SW CHAT FLAT Goggins, James A 2837 372 Hodnett Mill Road SW CHAT FLAT Martinez, Ricardo 2871 416 Hodnett Mill Road SW CHAT FLAT Bennett, Timothy W 8824 432 Hodnett Mill Road SW CHAT FLAT Page 73 of 137 Page 16 of 26 Durham, Kenneth L 2835 462 Hodnett Mill Road SW CHAT FLAT Davis, Arnetha W 2845 464 Hodnett Mill Road SW CHAT FLAT Logan, Emma 2812 182 White Street SW CHAT FLAT Wright, Jimmy 6832 193 White Street SW CHAT FLAT Hodnett, Randy D 2816 285 White Street SW CHAT FLAT Childress, Travis L 7714 332 White Street SW CHAT FLAT Coleman, Ruth 2814 369 White Street SW CHAT FLAT Torain, Barbara C 3688 205 Clarktown Church Road SW CHAT FLAT Clark, Jean 2785 221 Clarktown Church Road SW CHAT FLAT RATES: Chatham Sewage Flat Rate “SW CHAT FLAT”: Customers are charged a flat rate of $44 per billing period (two months), regardless of usage. Multiple residential equivalent units are billed $44 times the number of units. Chatham Sewage Per 1000 gallon rate “SW CHAT”: $44 per billing (two months) base rate with an allowance of 8,000 gallons. Customers pay $7.50 for every 1,000 gallons used over the allowance. Page 74 of 137 Page 17 of 26 EXHIBIT “A” MAPS OF CHATHAM WATER/WASTEWATER TREATMENT SERVICE AREA  Former County Waterlines Owned by Town – (Project No. C100-W)  Water Plan – (Project No. C101-W)  Water Plan - (Project No. C102-W)  Water Plan - (Project No. C103-W)  Former County Sewer Owned By Town – (Project No. C200-S)  Sewer Plan – (Project No. C201-S)  Sewer Plan – (Project No. C202-S) Page 75 of 137 TOWN CORP. LIMITS LEGEND TOWN WATERLINE COUNTY WATERLINE ABANDONED WATERLINEA 54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC100-WTOWN OF CHATHAM, VIRGINIA CHATHAM WATER AND SEWER MAPS TOWN OF CHATHAMFORMER COUNTYWATERLINESOWNED BY TOWN0----2/14/2023 9:37:32 AM P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG 551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.NTSWATER TANK WATER BOOSTER PUMP STATION WATER ISOLATION VALVE FIRE HYDRANT ASSEMBLY BLOWOFF ASSEMBLY FORMER COUNTY WATERLINE OWNED BY TOWN FORMER COUNTY WATER ISOLATION VALVE OWNED BY TOWN FORMER COUNTY FIRE HYDRANT ASSEMBLY OWNED BY TOWN FORMER COUNTY WATER TANK OWNED BY TOWN Page 76 of 137 A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC101-WTOWN OF CHATHAM, VIRGINIA CHATHAM WATER AND SEWER MAPS TOWN OF CHATHAM WATER PLAN0----2/14/2023 9:37:32 AM P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG 551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C101-W TOWN CORP. LIMITS LEGEND TOWN WATERLINE COUNTY WATERLINE ABANDONED WATERLINE WATER TANK WATER BOOSTER PUMP STATION WATER ISOLATION VALVE FIRE HYDRANT ASSEMBLY BLOWOFF ASSEMBLY FORMER COUNTY WATERLINE OWNED BY TOWN FORMER COUNTY WATER ISOLATION VALVE OWNED BY TOWN FORMER COUNTY FIRE HYDRANT ASSEMBLY OWNED BY TOWN FORMER COUNTY WATER TANK OWNED BY TOWN Page 77 of 137 A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC102-WTOWN OF CHATHAM, VIRGINIA CHATHAM WATER AND SEWER MAPS TOWN OF CHATHAM WATER PLAN0----2/14/2023 9:37:32 AM P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG 551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C100-W MATCHLINE SEE - SHEET C102-WTOWN CORP. LIMITS LEGEND TOWN WATERLINE COUNTY WATERLINE ABANDONED WATERLINE WATER TANK WATER BOOSTER PUMP STATION WATER ISOLATION VALVE FIRE HYDRANT ASSEMBLY BLOWOFF ASSEMBLY FORMER COUNTY WATERLINE OWNED BY TOWN FORMER COUNTY WATER ISOLATION VALVE OWNED BY TOWN FORMER COUNTY FIRE HYDRANT ASSEMBLY OWNED BY TOWN FORMER COUNTY WATER TANK OWNED BY TOWN Page 78 of 137 A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC103-WTOWN OF CHATHAM, VIRGINIA CHATHAM WATER AND SEWER MAPS TOWN OF CHATHAM WATER PLAN0----2/14/2023 9:37:32 AM P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG 551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C101-WMATCHLINE SEE - SHEET C100-W TOWN CORP. LIMITS LEGEND TOWN WATERLINE COUNTY WATERLINE ABANDONED WATERLINE WATER TANK WATER BOOSTER PUMP STATION WATER ISOLATION VALVE FIRE HYDRANT ASSEMBLY BLOWOFF ASSEMBLY FORMER COUNTY WATERLINE OWNED BY TOWN FORMER COUNTY WATER ISOLATION VALVE OWNED BY TOWN FORMER COUNTY FIRE HYDRANT ASSEMBLY OWNED BY TOWN FORMER COUNTY WATER TANK OWNED BY TOWN Page 79 of 137 SPS (CAPACITY 205 GPM) 12" 8" 6" 10" 8" 8" 8" 15" 8" 8" 15"TANYARD BRANCH 18" GRCC LANDFILL LEACHATE SPS 4"NTSA54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC200-STOWN OF CHATHAM, VIRGINIA CHATHAM WATER AND SEWER MAPS TOWN OF CHATHAMFORMER COUNTYSEWER OWNEDBY TOWN0----2/14/2023 9:37:32 AM P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG 551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.TOWN CORP. LIMITS TOWN GRAVITY SEWER TOWN SEWER FORCE MAIN LEGEND FORMER COUNTY GRAVITY SEWER OWNED BY TOWN FORMER COUNTY SEWER FORCE MAIN OWNED BY TOWN TOWN SEWAGE PUMP STATION (SPS) TOWN SEWAGE TREATMENT PLANT (STP) FORMER COUNTY SEWAGE PUMP STATION (SPS) OWNED BY TOWN COUNTY OWNED SEWER FORCE MAIN COUNTY OWNED SEWAGE PUMP STATION (SPS) Page 80 of 137 SPS SPS (CAPACITY 200 GPM) (CAPACITY 125 GPM) 12" 8" 8" 8" 8" 12" 8" 15" 15" TOWN OF CHATHAM STP CHERRYSTONE SPS (CAPACITY 200 GPM) (CAPACITY 685,000 GPD) 6" 18" 8" 8" 15"TANYARD BRANCH 18" 18" MANHOLE W/ SCREENING INSTALL NEW 12" GRAVITY SEWER AG CENTER SPS GRCC 800'0'1600'SCALE: 1" = 800'400'A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC201-STOWN OF CHATHAM, VIRGINIA CHATHAM WATER AND SEWER MAPS TOWN OF CHATHAM SEWER PLAN0----2/14/2023 9:37:32 AM P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG 551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.MATCHLINE SEE - SHEET C201-S TOWN CORP. LIMITS TOWN GRAVITY SEWER TOWN SEWER FORCE MAIN LEGEND FORMER COUNTY GRAVITY SEWER OWNED BY TOWN FORMER COUNTY SEWER FORCE MAIN OWNED BY TOWN TOWN SEWAGE PUMP STATION (SPS) TOWN SEWAGE TREATMENT PLANT (STP) FORMER COUNTY SEWAGE PUMP STATION (SPS) OWNED BY TOWN Page 81 of 137 SPS (CAPACITY 205 GPM) 6" 10" 8" 8" 8" GRCC LANDFILL LEACHATE SPS 4"A54321BCDEKEY PLANAPPROVED BYCHECKED BYREVISIONSSHEET NO.TITLEDRAWN BYDATEPROJECT NO.SCALESEALNO.DESCRIPTIONDATEOFMWCRSELBMNOVEMBER, 2022P:MARKETINGC202-STOWN OF CHATHAM, VIRGINIA CHATHAM WATER AND SEWER MAPS TOWN OF CHATHAM SEWER PLAN0----2/14/2023 9:37:32 AM P:\MARKETING\CADD\CIVIL\CHATHAM WATER AND SEWER\CHATHAM WATER AND SEWER MAPS.DWG 551 Piney Forest RoadDanville, VA 24540-3353434.797.4497Dewberry Engineers Inc.800'0'1600'SCALE: 1" = 800'400'MATCHLINE SEE - SHEET C200-S TOWN CORP. LIMITS TOWN GRAVITY SEWER TOWN SEWER FORCE MAIN LEGEND FORMER COUNTY GRAVITY SEWER OWNED BY TOWN FORMER COUNTY SEWER FORCE MAIN OWNED BY TOWN TOWN SEWAGE PUMP STATION (SPS) TOWN SEWAGE TREATMENT PLANT (STP) FORMER COUNTY SEWAGE PUMP STATION (SPS) OWNED BY TOWN COUNTY OWNED SEWER FORCE MAIN COUNTY OWNED SEWAGE PUMP STATION (SPS) Page 82 of 137 Page 25 of 26 EXHIBIT “B” SAMPLE WATER PRODUCTION COST CALCULATIONS The following is an example calculation, showing how the rate would be calculated: i. WTP Operating Expenses (FY 2021 Audit) ................................................$909,966.27 ii. WTP Capital Expenditures (FY 2021 Audit)..........................................................$0.00 iii. WTP Debt Service (FY 2021 Audit) ......................................................................$0.00 iv. Total Annual Audited Cost of Production ...................................................$909,966.27 v. Total Finished Water Produced to Distribution System (FY 2021) ...................................................... 146,790,000 gallons vi. Audited WTP Production Cost per 1,000 gallons (= Total Annual Production Cost ($909,966.27) / Gallons produced (146,790,000)) ........................ $6.19 / 1,000 gallons vii. Average Monthly Water Sales to Pittsylvania County (example) ................................................................... 400,000 gallons Monthly County viii. Quarterly Water Bill (example) (400,000 gallons x $6.19/ 1000 gal) ...............................................$2,476.00 Page 83 of 137 Page 26 of 26 EXHIBIT “C” SAMPLE WASTE WATER TREATMENT COST CALCULATIONS The following is an example calculation, showing how the rate would be calculated: i. WWTP Operating Expenses (FY 2021 Audit) ............................................$926,375.73 ii. WWTP Capital Expenditures (FY 2021 Audit) ......................................................$0.00 iii. WWTP Debt Service (FY 2021 Audit) ..........................................................$21,924.59 iv. Total Annual Audited Treatment Cost......................................................... $948,300.32 v. Total Wastewater Treated at the WWTP (FY 2021) ...................... 137,504,100 gallons vi. Audited Wastewater Treatment Costs per 1000 gallons (=Total Annual Treatment Cost ($948,300.32) / Total Gallons Treated (137,504,100)) ......... $6.90 / 1000 gallons vii. Average Monthly Wastewater produced by Pittsylvania County (example) ............................................................................................ 1,772,583 gallons viii. Quarterly County Wastewater Bill (example) (1,772,583 gallons x $6.90/ 1000 gal) ................................ $12,230.82 + any surcharge Page 84 of 137 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: General Presentations (Board of Supervisors); (if any) Staff Contact(s): Kaylyn McCluster Agenda Date: February 21, 2023 Item Number: 8.a. Attachment(s): None Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the February Consent Agenda or at previous Meetings. Page 85 of 137 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Cases Agenda Title: Public Hearing: Case R-22-038: Myrtle Shields; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Warren). Staff Contact(s): Emily Ragsdale Agenda Date: February 21, 2023 Item Number: 10.a.1. Attachment(s): 1. R-22-038 App 2. R-22-038 Map Reviewed By: SUMMARY: In Case R-22-038, Myrtle Shields (“Petitioner”) has petitioned to rezone 0.31 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow the property to be consolidated with an adjacent parcel zoned R-1). The subject property is located on State Road 835/Pleasant Gap Drive, in the Chatham-Blairs Election District, and shown on the Tax Maps as GPIN # 2412-38- 6637. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On January 3, 2023, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-038 as presented. The subject property is adjacent to other properties currently zoned R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. Page 87 of 137 MOTION: “In Case R-22-038, I make a Motion to approve the rezoning of 0.31 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted.” Page 88 of 137 Page 89 of 137 Page 90 of 137 Page 91 of 137 Page 92 of 137 Page 93 of 137 Page 94 of 137 Page 95 of 137 Page 96 of 137 Page 97 of 137 Page 98 of 137 Page 99 of 137 Page 100 of 137 Page 101 of 137 Page 102 of 137 Page 103 of 137 10.a.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Cases Agenda Title: Public Hearing: Case R-22-040: Harold and Celia Hayden; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by an 8-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) Staff Contact(s): Emily Ragsdale Agenda Date: February 21, 2023 Item Number: 10.a.2. Attachment(s): 1. R-22-040 App 2. R-22-040 Map 3. R-22-040 Plat Reviewed By: SUMMARY: In Case R-22-040, Harold and Celia Hayden (“Petitioners”) have petitioned to rezone 6.59 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property lines to be adjusted). The subject property is located off of State Road 806/Ivory Branch Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN # 1477-14-0194. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On January 3, 2023, the Planning Commission recommended, by an 8-0 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: Page 104 of 137 County Staff recommends approval of Case R-22-040 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-040, I make a Motion to approve the rezoning of 6.59 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A- 1, Agricultural District, to allow property lines to be adjusted.” Page 105 of 137 Page 106 of 137 Page 107 of 137 Page 108 of 137 Page 109 of 137 Page 110 of 137 Page 111 of 137 Page 112 of 137 Page 113 of 137 Page 114 of 137 10.a.3. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Cases Agenda Title: Public Hearing: Case R-22-041: Claudia and Willie Aaron; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by an 8-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) Staff Contact(s): Emily Ragsdale Agenda Date: February 21, 2023 Item Number: 10.a.3. Attachment(s): 1. R-22-041 App 2. R-22-041 Map 3. R-22-041 Plat Reviewed By: SUMMARY: In Case R-22-041, Claudia and Willie Aaron (“Petitioners”) have petitioned to rezone 45.58 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property lines to be adjusted). The subject property is located off of State Road 806/Ivory Branch Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN # 1477-03-1969. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On January 3, 2023, the Planning Commission recommended, by an 8-0 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: Page 115 of 137 County Staff recommends approval of Case R-22-041 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-041, I make a Motion to approve the rezoning of 45.58 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A- 1, Agricultural District, to allow property lines to be adjusted.” Page 116 of 137 Page 117 of 137 Page 118 of 137 Page 119 of 137 Page 120 of 137 Page 121 of 137 Page 122 of 137 Page 123 of 137 Page 124 of 137 Page 125 of 137 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: PCC Chapter 43 Revisions (VA COIA Filing Forms) Staff Contact(s): Kaylyn McCluster Agenda Date: February 21, 2023 Item Number: 10.b.1. Attachment(s): 1. 02-21-2023 Chapter 43 Revisions Reviewed By: SUMMARY: Chapter 31 of the Code of Virginia outlines the Conflict of Interest Act for State and Local Government, which includes annual disclosure statements that are required to be filed. Virginia § 2.2-3115 was recently updated and now requires Industrial Development Authority Members to file the Statement of Economic Interest Form, instead of the Financial Disclosure Statement. County Staff was also contacted by the Office of Children’s Services stating that all CPMT and FAPT Members, who are Parent Representatives and/or Private Providers, need to complete the Statement of Economic Interest form as well. For the above reasons, Pittsylvania County Code (“PCC”), Chapter 43, Disclosure of Personal Business Interests by County Officials and Employees, needs to be updated to reflect said Virginia Code changes, and to bring all other Boards and Commissions up to date with current filing requirements. There are Boards that have been eliminated and created since the last update to PCC Chapter 43. Finally, this year, the Virginia Conflict of Interest Advisory Council sent communication that localities can determine if they will allow electronic signature and acceptance of all annual filing forms. If so, localities are required to adopt a written policy stating the same. County Staff believes including this addition to PCC Chapter 43 will make the collection of filing forms more efficient. For the Board's review and consideration, a revised copy of PCC Chapter 43 is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Page 127 of 137 Not applicable. RECOMMENDATION: After conducting the legally required Public Hearing, County Staff recommends the Board approve the attached revisions to PCC Chapter 43 as presented. MOTION: "I make a Motion to approve the attached revisions to PCC Chapter 43 as presented." Page 128 of 137 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, February 21, 2023, at 7:00 p.m., at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 43, Disclosure of Personal Interests by County Officials and Employees. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. Page 129 of 137 PITTSYLVANIA COUNTY CODE CHAPTER 43 DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND EMPLOYEES § 43-1. Purpose. § 43-2. When and by Whom Required. § 43-3. Additional Disclosure. Page 130 of 137 CHAPTER 43 DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND EMPLOYEES SEC. 43-1. PURPOSE. To enhance citizen confidence in local government, the disclosure statement of personal interests of certain county officers and employees is required in accordance with the Virginia State and Local Government Conflict of Interests Act (the “Act’). This Chapter does not apply to County Constitutional Officers or the School Board. Said entities are responsible for their own disclosure filings under the Act. SEC. 43-2. WHEN AND BY WHOM REQUIRED. At the time(s) prescribed by the Act, the following individuals shall be required to file the following form(s): A. Disclosure of Real Estate Holdings (Virginia Code § 2.2-3115(G)): 1. Planning Commission Members; 2. Board of Zoning Appeals Members; 3. Board of Assessors Members; 4. Real Estate Assessor(s); and 5.3. County Administrator. B. Statement of Economic Interests (Virginia Code § 2.2-3115): 1. Board of Supervisor Members; 2. Industrial Development Authority Members; 3. CPMT and FAPT Members who are Parent Representatives or Private Providers. C. Financial Disclosure Statement (Virginia Code § 2.2-3115): 1. CPMT Members; 2. FAPT Members; 3. Library Board Members; and 3.4. Staunton River Regional Industrial Facility Authority Members. SEC. 43-3. ADDITIONAL DISCLOSURE. Nothing contained in this article shall be deemed to relieve any person subject to the Act from any requirement of disclosure of his or her personal interest in a transaction of specific application, not otherwise identified in the forms required hereby, or from the additional disclosures required by Virginia Code § 2.2-3115. Nothing contained herein also prevents the Pittsylvania County Board of Supervisors from requiring additional discretionary entities or individuals from making VA COIA disclosures via Resolution. (B.S.M. 6/6/16 ), (B.S.M. 4/18/17) Page 131 of 137 SEC. 43-4. SUBMISSION OF FORMS Signature and submission of all forms are permitted electronically, via email, fax, or first-class mail. Page 132 of 137 10.b.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Property Disposition (Southside Soccer, Inc.) Staff Contact(s): Chris Slemp Agenda Date: February 21, 2023 Item Number: 10.b.2. Attachment(s): 1. Deed - Southside Soccer Club (Right of First Refusal) Reviewed By: SUMMARY: Southside Soccer Club, Inc, ("Soccer Club"), a non-profit tax-exempt corporation, has for some time afforded thousands of County youths the opportunity to participate in an organized soccer league. The Soccer Club has been very successful and enjoyed by many. Currently, the Soccer Club uses the recreational fields adjacent to the old Blairs School located on East Whitt Road (Tax Parcel ID# 2421-71-1625) in the Blair’s Magisterial District for soccer games. The Soccer Club has approached the County requesting to have the land transferred to their ownership to it to pursue grants to upgrade the facilities. This parcel is approximately 9.519 acres. FINANCIAL IMPACT AND FUNDING SOURCE: Sale of land would be for $1.00. RECOMMENDATION: After conducting the legally required Public Hearing, County Staff recommends the Board approve the transfer of the property to the Soccer Club via the attached deed. MOTION: “I make a Motion to approve the transfer of 9.519 acres of land (Tax Parcel ID #2421-71-1625) to Southside Soccer Club, Inc, for the sum of $1.00, via the deed as attached and presented." Page 133 of 137 This deed is exempt from the recordation taxes imposed by § 58.1-802 of the Code of Virginia, 1950, as amended, pursuant to § 58.1-811(C) This Deed was prepared by: J. Vaden Hunt, Esq. Tax Parcel ID#: 2421-71-1625 Pittsylvania County Attorney Without Benefit of Title Examination 1 Center Street Chatham, Virginia 24531 VSB # 65574 DEED This DEED, made and entered into this ____ day of ________, 2023, by and between the BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA, acting by and through its duly authorized Chairman, Darrell Dalton, Grantor, and SOUTHSIDE SOCCER CLUB, INC., a non-profit tax exempt corporation organized under the laws of the Commonwealth of Virginia, Grantee, whose mailing address is P.O. Box 10537, Danville, Virginia 24543. WHEREAS, Grantor has determined that it has no use for the hereinafter described real property (“Property”); and WHEREAS, Grantor, as required by Virginia Code § 1800(B), conducted a duly advertised Public Hearing on February 21, 2023, at its Business Meeting, before potentially disposing of the publicly owned Property; and WHEREAS, Grantor has determined it is in its best interest and those of its citizens to convey title of the Property to Grantee; and WHEREAS, by unanimous vote at its Business Meeting on February 21, 2023, Grantor determined it is in its best interest and those of its citizens to convey title of the Property to Grantee. W I T N E S S E T H: That for and in consideration of the sum of one dollar ($1 .00). cash in hand paid, and other good and valuable consideration, in receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF TITLE unto Grantee, its successors and assigns, the following described Property: All that certain tract or parcel of land, with improvements thereon and all appurtenances thereunto pertaining, lying and being situate in the Chatham-Blairs Magisterial District of the County of Pittsylvania. Virginia, containing 9.519 acres, by survey, with metes and bounds as shown on Plat of Boundary Survey made by Richard B. Armstrong, Jr., dated December 4, 2022, a copy of which plat is being recorded simultaneously with this Deed and BEING a portion of that same property conveyed unto the Board of Supervisors of Pittsylvania County, Virginia, by Deed from the School Board of Pittsylvania County, Virginia, dated June 14, 2005, in Deed Book 1503 at Page 580 and that same property conveyed unto the Board of Supervisors of Pittsylvania County, by Deed from Ford Brothers, LLC, dated Page 135 of 137 August 27, 2019, as Instrument No. 19-04066, said Deeds being recorded in the Office of the Clerk of the Circuit Court of Pittsylvania County, Virginia. This Property is conveyed in its "AS IS" condition, without warranty or representation as to its condition, value or permitted use, including without limitation any warranty or representation regarding the presence of any toxic or hazardous substances or materials of any nature (including but not limited to petroleum, lead. radon, asbestos, or asbestos-related materials). This conveyance is made expressly subject to (i) any and all rights, privileges, covenants, easements, conditions, restrictions and agreements as are of record, insofar as they may be lawfully applicable to the Property, (ii) any unrecorded utility easements, including any relocated easements for utilities and any relocated utility lines and related facilities, on, under or across the Property, and (iii) any and all prior grants, conveyances and/or reservations of the coal, oil, gas, including coal methane gas, stone, sand, minerals, and/or other subsurface rights or interests, as are of record, insofar as they may be lawfully applicable to the Property; and, to the extent of any such prior grants, conveyances and/or reservations of coal, oil, gas, including coal methane gas, stone, sand, minerals and/or other subsurface rights and interests therein, the same are excluded from this conveyance. This conveyance is made expressly with the agreement that before Grantee may sell said parcel identified as Tax Map # 2421-71-1625, Grantee shall first offer this for purchase to Grantor. Grantor shall then have ten (10) business days following the date Grantee first presents Grantor such purchase offer to decide whether or not to try to negotiate a Purchase Agreement for said parcel with Grantee. If Grantor desires to try to negotiate said Purchase Agreement, Grantor shall, within said ten (10)-period, deliver to Grantee written notice thereof. Promptly after receipt of such notice, the Parties shall commence good faith negotiations. If Grantee does not receive said notice within said ten (10)-period, or if Grantee receives said notice within said period, but Grantee and Grantor do not enter into a legally binding, written agreement for the purchase and sale of said parcel, Grantee shall be free to enter into an agreement with a third (3rd) party on terms (considered as a whole) no more favorable to the third (3rd) party than Grantor offered Grantee. If Grantee does not enter into a legally binding, written agreement with a third (3rd) party within a ninety (90) day-period, Grantee’s right to sell said parcel to a third (3rd) party shall expire and the procedure described in this Section shall be applicable again, and Grantee, prior to selling said parcel to a third (3rd) party, shall first (1st) offer in writing to try to negotiate the sale of said parcel to Grantor. For the elimination of doubt, upon each repetition of this procedure, notice shall once again be due by Grantee to Grantor as described above. (THIS SPACE INTENTIONALLY LEFT BLANK) Page 136 of 137 WITNESS the following signatures and seals: THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA By: ______________________________________(SEAL) Darrell Dalton, Chairman COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA, to-wit: The foregoing Deed was acknowledged before me this ____ day of _________, 202 3, by Darrell Dalton, Chairman, Board of Supervisors of Pittsylvania County, Virginia. ________________________________________ Notary Public My Commission Expires: _________________________ Approved as to Form: ________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney Page 137 of 137