CHLANDS 6 PORATED) AGENDA PUBLIC HEARING Richlands Town Hall November 12, 2024 5:30pm  I. II.  Call the Meeting to Order Invocation III. Pledge ofA Allegiance  IV. Receive Public Comment in regard to the creation ofar new R-3 Zone as well as  changes to the current R-2 Zone. V. Close Public Comment Period VI. Adjourn Public Hearing        NOTICE OF JOINT PUBLIC HEARING OFTHE TOWN OF RICHLANDS, VIRGINIA  BYTHE TOWN COUNCIL. ANDTHE PLANNING COMMISSION  Notice is hereby given that on November 12, 2024, beginning at 5:30 p.m. or as soon thereafter as may be heard, the Town Council along with the Planning Commission oft the Town ofRichlands, Virginia (the "Town") will hold a joint public hearing to receive public comment in regards to creation ofai new R-3 Zone as well as changes to the current R-2 Zone. The joint public hearing, which may be continued or adjourned, will be held before the Town Council and thel Planning Commission att the Town Hall, located at 200 Washington Square, Richlands, Virginia 24641. Any person interested in the Zoning proposed changes may appear at the hearing, and may present comments. The Town Council may set time limits on speakers and other rules and procedures for the conduct oft this public hearing. Written comments regarding the proposed changes may be delivered or mailed to the Town Council prior to the public hearing in care ofthe Town Manager at the address above or given to the Town Council during the hearing.  TOWN OF RICHLANDS, VIRGINIA Jason May, Town Manager        CHLANDS  RATED AGENDA PUBLICHEARING Richlands Town Hall November 12, 2024 5:45pm  I.  Call the Meeting to Order  II. Invocation III. Pledge of Allegiance  IV. Receive Public Comment in regard to proposed changes to the Town Charter.  V. Close Public Comment Period VI. Adjourn Public Hearing        NOTICE OF PUBLICHEARING BYTHETOWN COUNCIL OFTHE TOWN OF RICHLANDS, VIRGINIA  Notice is hereby given that on November 12, 2024, beginning at 5:45 p.m. or as soon thereafter as may be heard, the Town Council of the Town of Richlands, Virginia (the "Town") will hold a public hearing to receive public comment and to consider the adoption of proposed The public hearing, which may be continued or adjourned, will be held before the Town Council at the Town Hall, located at 200 Washington Square, Richlands, Virginia 24641. Any person interested in the Town Charter proposed changes may appear at the hearing, and may present comments. The Town Council may set time limits on speakers and other rules and procedures for the conduct of this public hearing. Written comments regarding the proposed changes may be delivered or mailed to the Town Council prior to the public hearing in care oft the Town Manager at the address above or given to the Town Council during the hearing.  Charter changes to the current Town Charter ofthe Town ofRichlands.  TOWN OF RICHLANDS, VIRGINIA Jason May, Town Manager        AIEHLANDE  a EFICULTURE CUSTEY : ORPORATED) AGENDA  TOWN COUNCIL MEETING At Richlands Town Hall November 12, 2024 6:00P.M.  I. II.  Call meeting to Order Invocation  III. Pledge of Allegiance IV. Additions/Deletions to Agenda V. Authorization to Pay Bills (October)  VI. Minutes October 8, 2024- Regular Scheduled Meeting VII. Scheduled Public Comments (5 Minute Max) VIII. Unscheduled Public Comments (3 Minute Max)  IX. Agenda Items  a. Creation ofTourism Zone 0-2024-11-01 (2nd, reading) b. Creation ofTechnology Zone-0-2024-11-02 (2nd, reading) C. Amendments ofZoning 0-2024-12-01 (First Reading) d. Creation of R-3 Zone 0-2024-12-02 (First Reading) Creation of Solar Ordinance 0-2024-11-03 (2nd reading) Tobacco Commission Grant/Loan Acceptance  Proposed Charter Changes h. Imagination Library MOU Little League MOU k. RYBC MOU  . Creation of Generator Capital Account 0-2024-12-04 (First Reading)        1. Section House RFP n. McGill Contract X. Monthly Financial Report XI. Attorney Report  m. Repeal ofRec Commission 0-2024-12-03 (First Reading)  a. Opioid Settlement XII. Town Manager Report a. Loader Insurance b. Events-Calendar for 2025 C. Economic Development Surveys e. Big Creek RR Crossing  Generator Project  d. Veteran's Day Event update/Small Business Saturday  XIII. Council Members Report  a. Laura Mollo b. Jan White Jordan Bales d. Rick Wood Gary Jackson . Seth White  XIV. Mayor's Comments  XV. Executive Closed Session -Consultation with Legal Counsel pursuant to Virginia Code Section 2.2-3711(A)(8): regarding Personnel, Teen Venture, Cell Phone Tower Contract, Planning Commission, Cedar Bluff. Agreement and Pocohontas Land.  XVI. Adjourn Meeting  Next Regular Meeting is December 10, 2024.        TOWN OF RICHLANDS REGULAR MONTHLY MEETING  The Richlands Town Council held a Regular Monthly Meeting" on Tuesday, October 8, 2024, at  6:00 pm in the Richlands Council Chambers with the following present:  Mayor: Rod. D. Cury Town Manager: Jason May Project Manager: Susan Whitt Town Clerk: Absent Town. Attorney: Michael Thomas Finance Manager: Ronnie Campbell  Council Members: Seth White, Gary Jackson, Jordan Bales, Jan White, and Laura Mollo. The Town Meeting was called to order at 6:00pm and opened with the Invocation and the Pledge  of Allegiance led by Rod Cury.  INRE:  Additions, Deletions, or Corrections to the Agenda  Mayor Cury asked to add September 10, 2024, Public Hearing Minutes to VI. Mayor Cury asked to remove (d) and (e) from IX, will take up at thel November Regular Mayor Cury added Kennith Musick to VIII, Unscheduled Public Comments. Laura Mollo added Amy Street to VIII, Unscheduled Public Comments.  Scheduled Meeting.  Upon a motion by Gary Jackson seconded by Jan White and the unanimous roll call vote ofall  members present, the Council voted to approve the agenda as amended.  INRE:  Authorization to Pay Bills (September)  Mayor Cury asked the Council if there were any questions regarding the Check Register. Mr. Jackson asked what check #16498 was for and Mr. May advised this was the tow bill for the Mrs. White asked about check #16438 was for and Mr. May advised this was: for testing equipment used ini the Waste Water Treatment Facility to sterilize the equipment. members present, the Council voted to approve paying the bills for September.  trash truck that was having transmission issues.  Upon ai motion by Gary Jackson seconded by Jordan Bales and the unanimous roll call vote ofall  INRE:  Minutes  Upon a motion by Jan White seconded by Gary Jackson and the roll call vote of all members  present, Council voted to approve the minutes for the following dates:    September 10, 2024, Public Hearing Minutes September 10, 2024, Regular Scheduled Meeting September 24, 2024, Special Called Meeting  INRE:  Scheduled Public Comments  George Shelton Jr., 320 Bragg Road-  Mr. Shelton requested an update from the Council on Bragg Road.  Mr. Thomas stated the county engineer advised him that 1000 feet oft the road was in the Town of Mr. May advised Mr. Shelton that he had the Town crew clean up the road the day after he came to the last Council meeting. Mr. May explained his concerns with the road and its issues.  Richlands and the other 4000 feet is in the county.  Mr. Jackson asked ifj patching would help the road. the road issues and taxes associated with it.  Mayor Cury suggested that Mr. Shelton schedule ai meeting with the Town Manager to discuss Mrs. White asked Mr. Shelton ifh he had contacted the county about this issue, he advised he had  not.  Mr. Shelton agreed to meet with Mr. May.  INRE: Amy Street-  Unscheduled Public Comments  Spoke to the Town about her late father, Jim Street, and all his coaching accomplishments Asked the Council to consider purchasing and placing a plaque at Critterville tol honor her  in Richlands. father.  Upon a motion by Laura Mollo seconded by Seth White and the unanimous roll call vote ofall members present, the Council voted to move forward with getting a plaque placed at Critterville  for Mr. Jim Street. Kennith Musick-  Spoke to the Council about trees that fell on his house that were supposed tol have been  removed by the previous Town administration.  Mayor Cury suggested Mr. Musick make an appointment with Mr. May to help resolve this issue.  INRE:  Accreditation Welcome Dinner, ChiefHolt    ChiefHolt read an invitation inviting the Mayor and Town Council members to the VALEAC Accreditation Team Welcome Dinner" at the Police Department on October 28, 2024, at Chief Holt introduced the Police Departments newest addition, Canine Officer "Moose" to the Mr. May thanked ChiefHolt for his hard work and leadership during Hurricane Helene. ChiefHolt thanked Mr. May and the Town workers for their help as well.  6:00pm. Council.  Mrs. Mollo advised the Council that ChiefHolt was going to be honored by a local news station Mrs. Mollo spoke to the Council about her and her family's experience with the Police  as the Hometown Hero" during the month of October.  Department during Hurricane Helene and expressed her gratitude. Mrs. Mollo also thanked all the Town workers for their hard work.  INRE:  Clinch Valley Community Action- Sandra Corell  Mrs. Corell spoke briefly to the Council about the Housing Programs that are offered through Clinch Valley Community Action. Mrs. Corell advised there are five programs available and gave a briefoverview of each. The programs ranged from housing assistance to weatherization Information for the programs will be made available at the Town Hall and online.  assistance for citizens.  Mayor Cury declared a ten-minute recess.  INJ RE:  Solar Ordinance 0-2024-11-xx (First Reading)  Mr. May spoke briefly to the Council on this Ordinance. Mr. Thomas gave the First Reading of the Ordinance to the Council.  INRE:  Tourism Zone 0-2024-11-04 (First Reading)  Mr. May spoke to the Council about the Tourism and Technology Zone and why the Town is  moving forward with these zones.  Mr. May gave the First Reading of the Ordinance to the Council.  INRE:  Technology Zone 0-2024-11-03 (First Reading)    Mayor Cury gave the First Reading of the Ordinance to the Council. Mr. White asked ift the Town has established ai map for these zones.  Mr. May advised these zones to be town wide.  INRE:  Enterprise Zone Adjustments  Mr. May advised the Town of Richlands established an Enterprise Zone in April 2016. The current Enterprise Zone doesn'tinclude a large part of downtown. Mr. May stated the Town is Mr. May suggested that Council Members reach out to the Board of Supervisor Members to advocate for the Town of] Richlands to be able to keep its current zones and allow the Town to  working with the County to update this zone.  have more control over the placement oft the zone downtown. Mrs. Mollo advised the County is already moving forward with this.  Mr. White advised that he and Mr. May will speak with the County about this and bring back an  update to the November meeting.  INRE: 01  2nd Reading Business Electric Demand Ordinance 0-2024-10-  Upon a motion by Seth White, seconded by Laura Mollo and the unanimous roll call vote ofall members present, the Council voted to dispense of the 2nd Reading of the Business Electric Upon a motion by Seth White, seconded by Gary Jackson and the unanimous roll call vote ofall members present, the Council voted to adopt the Business Electric Demand Ordinance 0-2024-  Demand Ordinance 0-2024-10-01.  10-01. INRE:  Monthly Financial Report  Mr. Campbell gave a briefoverview of the Monthly Financial Report for August as follows: General Fund- Year to Date Net Income Loss is $1,145,384, variance due to timing. Water- Year tol Date Net Income Loss- $2,487, variance due to timing. Sewer- Year to Date Net Income Loss- $28,509, variance due to timing. Water and Sewer Line Maintenance Year to Date Net Income Loss- $84,335, Revenue is Electric Year to Date Net Income Loss- $2,351,934, variance due to timing. General Fund- Unreserved Cash Balance is $2,267,411, this is a $391k decrease from  permanent, and Expenses are timing.  General Fund- Reserved Cash Balance- $2.565,089. Water Department Reserved Cash Balance- $1,079,619.  July.    Water Department Unreserved Cash Balance- $893,642, this is a $42k decrease from Sewer Department Unreserved Cash Balance- ($448,579), this is a $11k decrease from Electric Department Unreserved Cash Balance- $516,680, this is a $134k decrease from  July. July. July.  Sewer Department Reserved Cash Balance- $489,447. Electric Department Reserved Cash Balance- $1.792.313.  Mayor Cury asked the Council if they had any questions about the Financial Report, there were  none. INRE:  Budget Amendments  Mr. Campbell presented the following Budget Amendments for Councils approval. Upon a motion by Laura Mollo seconded by Seth White and the unanimous roll call vote ofall members present, the Council voted to approve the transfer of $36,300 from the Fund Balance Allocation Account to the Machinery and Equipment Account to purchase Alamo mower Upon a motion by Laura Mollo seconded by Jan White and the unanimous roll call vote ofall members present, the Council voted to approve the transfer of $5,500 from the Fund Balance Allocation Account to the Donations and Misc.-Fire. Account for donations received from the Upon a motion by Laura Mollo seconded by Jan White and the unanimous roll call vote ofall members present, the Council voted to approve the transfer of$13,634 from the Fund Balance Allocation Acct. Acct. to the Equipment Acct. toj purchase Radios for the Police Department.  attachments for the Public Works Street Department.  Gun Raffle.  INRE:  Attorney Report  Mr. Thomas asked the Council if there were any other changes that the Council wishes to make Mrs. White asked when the deadline for these changes is, Mr. Thomas advised early December.  in the Charter before the General Assembly.  Mrs. Mollo asked ifthe Council wanted to add term limits.  Mr. May suggested the Council get all suggestions to him sO that he can draft a list and schedule  al Public Hearing. INRE:  Town Manager Report  Mr. May advised the Town is not closing Critterville and apologized for the wording on the agenda. Mr. May explained that the Town was awarded a grant to update Critterville    and he would like to close Critterville from Veterans Day through Thanksgiving to begin Mr. May spoke to the Council about Hurricane Helene and its impact on. Richlands. Mr. May highlighted and thanked each department for their hard work and for everyone  the update.  working as a team.  INRE: Laura Mollo-  Council Member Reports  Thanked Mr. May and all oft the Town employees for their hard work during Hurricane Fire & Safety Day at the Police Department Saturday October 12, 2024 from 10:00am-  Helene. 2:00pm. Jan White-  Advised that citizens are telling her it's a great time to be in Richlands, Mrs. White Advised she had a few citizens ask her to see ifa anything could be done about the Big  credits the Towns leadership and teamwork. Thanked the Town workers and Mr. May.  Creek Railroad crossing, the road is rough on each side. Thanked the Town for its response to the storm damage. on the app. Will have an update at the November meeting.  Jordan Bales-  Asked ifthere will be any technology on the Towns new app for the Bulk Pick-up service, Mr. May advised they are currently training someone on that truck and working Inquired about the parking issue at the REC: Park. Mr. May advised the Town has looked at a space to move the Pickle Ball Courts to and are in the process ofhaving a solution.  Rick Wood- Absent. Gary Jackson- Seth White-  Thanked Mr. May and all the staff for their work.  Thanked the Town workers and Leadership for their hard work during Hurricane Helene. Spoke to the Council about the Town becoming energy independent and the importance Stated that he enjoys working with the current Council and is very happy with the way they can work together without arguing, even ift they disagree with something. Also stated that a candidate's family members should be left out of politics. Thanked everyone for coming to the ribbon cutting for the CNX Building. Continues to see the progression in the Town and excited to see the direction it is going in  ofit during times like this.  IN RE:  Mayor Comments    Thanked the' Town and all its workers for the work that was done during Hurricane Quoted his nephew saying, "People always favor unity over division and stay the Spoke to the Council about his friend, Elaine, that lives in Boone, NC and her experience with Hurricane Helene. Stated that he is grateful and thankful for what Richlands has. October 19, 2024- Car Show, Trunk-or- Treat, Historic Ghost Walk, the Wicked Forrest at  Helene. course".  Critterville, the Glowworm 5K, and Beetlejuice at Greenway Park.  INRE:  Executive Session  No Executive Session. INRE:  Adjournment  Upon a motion by Gary Jackson seconded by Laura Mollo and the unanimous roll call vote ofa all  members present, the meeting was adjourned.  Rodney D. Cury, Mayor  Amanda Beheler, Town Clerk        Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Tourism Zone Creation November 12, 2024 Susan Whitt  Item Number:  Staff recommends the establishment of a Tourism Zone within the Town of Richlands pursuant to Code of Virginia $58.1-3851. The purpose of the Tourism Zone is to promote Richlands' tourism industry by providing incentives to eligible businesses that will attract visitors, create The proposed Tourism Zone boundaries would encompass the entire area within the Town Charter lines, ensuring all eligible tourism-related businesses within Richlands can benefit from these incentives. Additionally, this designation is a required step which may allow private businesses to access state financing programs available to businesses in tourism zones.  and increase travel-related revenue in the Richlands area.  new employment opportunities,  FINANCIAL IMPACT AND FUNDING SOURCE: 1. Proposed incentives include:  Waiver of 25% or $1,000 (whichever is greater) for water and sewer availability Five-year real estate tax reinvestment credit on 100% ofi improvement value  and tap fees  Accelerated development review process  Reimbursement up to $1,000 for architectural design fees for downtown façade improvements upon completion of construction work and approval by town  Waiver of land disturbance/s0il and erosion permit fees  2. Qualification Requirements:  Existing businesses: Minimum $50,000 capital improvement    New businesses: Minimum $250,000 capital improvement Must be located within the Tourism Zone boundaries Must be tourism-related business activity  3. Application Process:  Qualified applicants will apply fori incentives by letter Incentives provided on a reimbursement basis  Must complete construction and receive certificate of occupancy before  incentive application  4. Long-term financial benefits include:  Expanded tax base through new business attraction  Increased tourism revenue Enhanced downtown development New employment opportunities Improved community amenities  RECOMMENDATION:  Staff recommends Council adopt the Tourism Zone ordinance as presented. Following adoption, staff will develop and implement a comprehensive marketing strategy to promote these new economic development incentives to prospective tourism-related businesses and work with  existing eligible businesses to take advantage of these new opportunities.    ORDINANCE NO.: 0-2024-11-04 Implementation ofNew Ordinance TITLE XI: BUSINESS REGULATIONS CHAPTER 110: LICENSES  BE IT ORDAINED by the Council oft the Town of Richlands, Virginia, that pursuant to $ 2.2 and $5.7 of the Town Charter, $58.1-3851 of the Code of Virginia, that it hereby implements the following code provision to Chapter 110 ofTitle XI: Business Regulations, oft the Town Code of Ordinances, in order to create a Tourism Zone and to establish the necessary criteria for the  development of such zone within the corporate limits of the Town.  TOURISM. ZONE  $110.70 GENERAL.  (A) Purpose and. Intent. This code provision hereby creates and provides fortourism zones B)Administration. The Town Manager shall develop and publish procedures for applying for the benefits afforded by this Code Provision and for the administration of this provision. The Town Manager or the designee thereof shall review each application to determine an entity's eligibility to be certified as a qualified tourism business. The Town Manager shall also review the criteria and incentives for the tourism zone program annually to ensure alignment with the priorities and economic development strategy ofthe' Town and shall make recommendations: to the Councili ifitis determined (C)Qualification. The location and boundaries of qualified zones, and businesses found (D)Incentive. A portion of the business license fee collected by the Town will be abated (orr refundedi ifalready paid) for at three yeari incentive period according to thei following schedule: year one 80% abatement; year two = 60% abatement; year three 40% abatement. For a qualifying new business, the entire fee shall be subject to the above abatement schedule. For a qualifying existing business, only the fee levied on the increase in gross receipts calculated from the base year plus 5% (the base year is the year prior to the first incentive year) will be subject to the above abatement schedule.  in the Town pursuant to Code of Virginia, $ 58.1-3851.  that the criteria or incentives should be modified. within, shall be prescribed lateri ini this article.  First Reading: Second Reading:    On day of seconded by VOTE:  2024, A motion was made by  and  for adoption of such ordinance as presented.  Bales Jackson Mollo J.White S. White Wood  Rodney D. Cury, Mayor  Amanda Beheler, Clerk  Effective Date (30 days. from passage, unless passed as emergency):    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment/(s): Reviewed By: SUMMARY:  Technology Zone Creation November 12, 2024 Susan Whitt  Item Number:  Staff recommends the establishment of a Technology Zone within the Town of Richlands pursuant to Code of Virginia $58.1-3851. This designation would allow the Town to offer specific incentives to attract and retain technology-focused businesses. This initiative aligns with our broader economic development strategy to diversify our local economy and create new The proposed Technology Zone boundaries would encompass the entire area within the Town Charter lines, ensuring all eligible businesses within Richlands can benefit from these incentives. The primary purpose of the Technology Zone is to promote Richlands' technology industry by providing incentives to eligible businesses that will create new employment opportunities, attract technology investment, and increase the town's tax base while diversifying our local  employment opportunities.  economy.  FINANCIAL IMPACT AND FUNDING SOURCE: 1. Proposed incentives include:  Waiver of 25% or $1,000 (whichever is greater) for water and sewer availability Five-year real estate tax reinvestment credit on 100% of improvement value  and tap fees  Accelerated development review process  Waiver of land disturbance/soil and erosion permit fees  2. Qualification Requirements:  Existing businesses: Minimum $50,000 capital improvement        New businesses: Minimum $250,000 capital improvement Must be located within the Technology Zone boundaries Must derive primary revenue from technology-related activities Qualified applicants will apply for incentives by letter Incentives provided on a reimbursement basis  3. Application Process:  Must complete construction and receive certificate of occupancy before  incentive application  4. Long-term financial benefits include:  Expanded tax base through new business attraction Increased employment opportunities Economic diversification  Enhanced business development opportunities  RECOMMENDATION:  Staff recommends Council adopt the Technology Zone ordinance as presented. Following adoption, staff will develop and implement a comprehensive marketing strategy to promote these new economic development incentives to prospective technology businesses and site  selection consultants.        ORDINANCE NO.: 0-2024-11-03 Implementation of New Ordinance TITLE XI: BUSINESS REGULATIONS CHAPTER 110: LICENSES  BE IT ORDAINED by the Council of the Town of Richlands, Virginia, that pursuant to $5.7 of the Town Charter, $58.1-3850 of the Code of Virginia, that it hereby implements the following code provision to Chapter 110 ofTitle XI: Business Regulations, oft the Town Code of Ordinances, in order to create a Technology Zone and to establish the necessary criteria for the  development ofs such zone within the corporate limits oft the Town.  TECHNOLOGYZONE  $110.60 GENERAL.  (A) Purpose and Intent. In order to foster the development and location ofi new technology businesses in the Town, which will increase capital investment: and create jobs, there is hereby established ai technology zone pursuant to Code of Virginia, $ 58.1-3850. B).Administration. The Town Manager shall develop and publish procedures for applying for the benefits afforded by this Code Provision and for the administration of this provision. The Town Manager or the designee thereof shall review each application to determine an entity's eligibility to be certified as a qualified technology business. The Town Manager shall also review the criteria and incentives for the technology zone program annually to ensure alignment with the priorities and economic development strategy ofthe" Town and shall make recommendations tot the Councili ifitis determined (C)Qualification. It shall bet thei responsibility ofthe qualified technology business to apply for certification, to obtain the necessary business license, and to provide the necessary information in ordert to obtain thel benefits afforded by this article. The entity must apply to the Town Manager to be certified as a qualified technology business. A new technology business must apply to be certified as a qualified technology business within six months after obtaining a business license. In order to receive a1 tax reduction under this section, the qualified technology business shall file a business license application annually with the Finance Director and shall provide the Finance Director with an annual certification from the Town Manager that the business is a qualified (D).Incentive. A portion of the business license fee collected by the Town will be abated (orrefundedi ifalready paid) for at three year incentive period according to the following schedule: year one 80% abatement; year two - 60% abatement; year three - 40%  that the criteria ori incentives should be modified.  technology business.    abatement. For a qualifying new business, the entire fee shall be subject to the above abatement schedule. For a qualifying existing business, only the fee levied on the increase in gross receipts calculated from the base year plus 5% (the base year is the year prior to the first incentive year) will be subject to the above abatement schedule.  First Reading: Second Reading: On day of seconded by_ VOTE:  2024, A motion was made by  and  for adoption ofs such ordinance as presented.  Bales Jackson Mollo J.V White S. White Wood  Rodney D. Cury, Mayor  Amanda Beheler, Clerk  Effective Date (30 days from passage, unless passed as emergency):    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment/s): Reviewed By: SUMMARY:  Amendment of Zoning November 12, 2024 Susan Whitt  Item Number:  The proposed ordinance (0-2024-12-01) introduces significant amendments to Chapter 154 of Title XV: Land Usage, padlalyadiesngromine: regulations within the Town of Richlands. Key  modifications include:  1. New Definitions and Updates:  Added definition for "Bed and Breakfast Inns" with specific requirements Modified "Home Occupation" definition to focus on compute/electroncbased Added new "Tiny Home Structure" definition (600 sq ft or less) Updated Townhouse Structure definition to allow for two-unit minimum  businesses  (previously three)  2. Residential District Changes:  R-1 District: Now allows home occupations emergency RV/Travel Trailer use  R-2 District: Added provisions for Bed & Breakfast Inns, Tiny Homes, and  Reduced minimum lot areas and setback requirements:  Single-use lots reduced from 6,2501 to 4,000 square feet Two-unit lots reduced from 12,000 to 8,000 square feet Front setback reduced from 301 to 20 feet Minimum lot width reduced from 501 to 40 feet Rear yard requirement reduced from 251 to 20 feet  3. Business District Updates:  Modified retail business categories Added provisions for car washes Expanded hospital category to include clinics  4. Mobile Home Park Regulations:    Reduced road frontage requirements from 50 to 401 feet Added 10-year age restriction for mobile homes  FINANCIAL IMPACT AND FUNDING SOURCE: 1. Direct Financial Impact:  Potential increase in tax base through increased development opportunities Additional revenue from permit fees for new uses (B&Bs, Tiny Homes)  No direct cost to the Town fori implementation  2. Indirect Financial Considerations:  Possible increased demand on infrastructure due to higher density development Additional administrative costs for processing new types of permits Potential economic benefits from expanded business uses and housing options  RECOMMENDATION:  Staff recommends approval of Ordinance 0-2024-12-01 as the amendments: Promote housing diversity through tiny homes and reduced lot requirements Support economic development through expanded business uses Modernize regulations for home-based businesses Address current market demands and development trends The ordinance requires two readings before the Town Council for final adoption.  Maintain appropriate controls while increasing flexibility in development options    ORDINANCE NO.: 0-2024-12-01 Implementation ofNew Ordinance TITLE XV: LAND USAGE CHAPTER 154: ZONING  BE IT ORDAINED by the Council oft the Town of Richlands, Virginia, that pursuant to  ofthe' Town ofRichlands, Virginia Code ofOrdinances, that  $5.7ofthe Town Charter, $$154.001  154 ofTitle XV: Land Usage, oft the Town  ithereby enacts the following amendments to Chapter  within the corporate limits  CodeofOrdinances, in order to amend the existing zoning requirements  ofthe' Town.  GENERAL. PROVISIONS  $154.002 DEFINITIONS.  BREAKFAST INNS. Any single-family residence with not more than one  BED AND which ist the primary residence ofthe owner and operator ofthe establishment. The kitchen facility shall have not less than 2,000 square feet of living space, exclusive of any basement or premises Not more than one guestroom shall be permitted in a qualifying premises, except one additionally guestroom premises in excess of2,000 square feet, up to ai maximum of four guestrooms space in a qualified bed breakfast inn shall be equipped with one or more private bath facilities Guests of a bed and breakfast may relatives stay oft the owners oft the premises. The owner shall offer  attic space.  shall be permitted for each additional 250 square feet of living area floor  per premises. The and and for guestrooms, separate apart inn section shall not apply to immediate breakfast, prepared on the premises, to its guest. guests ofthel bed and breakfast inn. Noalcoholic beverages may inn. Bed and breakfast inns are required to have a conditional use permit  from the private bat facilities for the owners of the premises. no more than 15 consecutive days, except that this Such meals shall be served only to registered  be served at any bed and breakfast for operation. by and no one is employed other than  carried on the occupant of a dwelling as a  HOME OCCUPATION. An occupation members of the family residing on the premises, such as  secondary use in connection with which there is no display, eraafaps, the preparation offood products for sale and similara activities; professional based solely on telephonic, offices EEE are allowed so long as there is no display of any fax, computer or other communications systems service in the residence, conducted within a dwelling by  computer/electronic based  product and no direct customer sales or  the occupant.  HOME STRUCTURE. A dwelling with floor area of 600 square feet or less,  excluding TINY lofts. The structure must be built following all building code regulations. townhouse structure, and all open space and amenities thereon, ifany.  land  project consisting of at least one  TOWNHOUSE PROJECT. A  development  STRUCTURE. A main structure consisting of at least three  (1) TOWNHOUSE two but not more than eight  horizontally attached single-family dwelling units    for the purpose ofoccupancy and ownership, designed and constructed SO as allow for the sale ofindividual dwellings, including the lot and  to  thereon.  appurtenances  All other definitions in this section. remain unchanged.  RESIDENTIAL, LIMITED, DISTRICT R-1  $154.030 STATEMENT OF INTENT. This district is composed of certain quiet, low density residential areas where similar residential development and encourage: as suitable environmental for family life where characteristics there activities of a commercial nature. To these ends,  areas plus certain open of the district, toj promote are children, and toj prohibit all public facilities that serve  district are designed to stabilize and protect the appears essential likely to occur. The regulations for this concentration and permitted uses are limited basically development to single unit is limited to relatively low for the residents plus certain additional uses, such as parks, and certain dwellings providing homes  the residents oft the district. $ 154.031 AREA REGULATIONS. more oft the following uses: renting shall be allowed;  MpdN-eS  In Residential District R-1, structures to be erected or land to be (A)Single-family dwellings (excluding manufactured or pre-fabricated  used, shall be for one or  housing), noroom  Sections (B)- (G). remain unchanged.  (H) Home occupation, as defined in Section 154.002, conducted by the occupant.  RESIDENTIAL, GENERAL, DISTRICTR-2  $1 154.051 USE REGULATIONS. more oft the following uses:  In Residential District R-2, structures tol be erected or land to be  used, shall be for oneor  Sections A-Mremain unchanged use permit as defined in Section 154.167; Sections O-Wremain unchanged  (N) Mobile home park, ifsuch mobile home is older than 10 years old  with a conditional  (X) Bed and Breakfast Inn(s) with a conditional use permit as defined in Section 154.167;  (YTiny Home(s);    (Z) Emergency use permit, to be issued by the Town Manager, for temporary use ofRV  and/or Travel Trailers. $1 154.052 AREA REGULATIONS.  (A) For lots containing or intended to contain a single permitted use: served by public water  and sewage disposal, the minimum lot area shall be 6,250 4,000 square feet.  Sections B -Cremain unchanged.  (D) For lots containing or intended to contain more than a single permitted use served by  public water and sewage disposal systems, the minimum lot area shall be:  2units 3 21 units  12,000 8,000 square feet 14,000 12,000 square feet  For each additional unit above 3 1,000 square feet  Sections E- Gr remain unchanged. $154.053 SETBACK REGULATIONS.  Structures shall bel located 30 201 feet or more: from any street right-of-way which is 50: feet or greater in width, or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width except that signs advertising sale or rent of property may be erected up toi thej property  line. This shall be known as the setback line. $154.054) FRONTAGE REGULATIONS.  For permitted uses the minimum lot width at the setback line shall be 50 40 feet, and for each additional permitted use there shall be at least ten feet of additional lot width at the setback  line.  $154.055 YARD REGULATIONS.  (A)Side. The minimum side yard for each main structure shall be ten feet and the total  width of the two required side yards shall be 20 feet or more.  (B) Rear. Each main structure shall have ai rear yard of25 20 feet or more.  $1 154.059 SPECIAL PROVISIONS FOR TINY HOMES.    (A)AZ zoning permit for a tiny home shall be issued in accordance with S 154.165 through 154.172 when the following requirements/eriteria therefore have been satisfied. (1) Setback requirements for tiny home structures shall conform to S 154.053. (2)A1 lot occupied by a tiny home unit shall contain not less than 2,000 square feet. (3) Lot frontage, measured at the setback line for individual tiny home, shall have an average minimum width of20 feet for a tiny home structure but in no case shall the frontage for a tiny home be less than 16 feet. Lot width for end units shall be adequate to provide side and rear yards as required by S 154.055. (4) Each townhouse unit shall have rear yard ofr no less than 20 feet.  (5) Each tiny home structure shall have two side yards ofnot less than ten feet each.  Ini no case shall any two townhouse structures be closer than 20 feet.  (B) Each tiny home unit shall have an unencumbered access from a dedicated public street. (C) Tiny Homes shall have provisions for at least two vehicular off-street parking spaces  for each townhouse unit.  BUSINESS, GENERAL, DISTRICTB-2  S 154.071 USE REGULATIONS.  (A)Stores conducting retail business foed-stores; (B) This section remains unchanged  (C)Dryeleaners Full service and self-service carwashes;  (D)Drycleaners and Laundries; (E)-(M) remain unchanged (N) Hospitals and clinics, general; All remaining sections remain unchanged.  ZONINGPROVISIONS    S 154.171 PERMANENT MOBILE HOME PARKS. Sections. A - D remain unchanged. (E) (1) this section remains unchanged.  (2) Operators of such mobile home parks shall comply with the following  provisions.  a. Eachi mobile home must have ai minimum of 50 40 feet road: frontage  when located on a private lot or site.  Sections F-Jremain unchanged  (K) Any mobile home moved into or locating within the town after the adoption of this chapter shall comply with R-2: requirements, and also have ai minimum road frontage width of5040 feet. Where a single-wide mobile home is to be placed on a lot/tract on which therei is presently aj permitted use having at least 50 40 feet of road frontage, the individual single-wide mobile home shall not be required tol have 50 40 feet ofi road frontage but the  provisions of $ 154.054 shall apply. (L) This section remains unchanged.  ALL OTHER SECTIONS FOUND THROUGHOUT THIS CHAPTER REMAIN  UNCHANGED UNLESS XPRESSLYAMENDED HEREINABOVE.  First Reading: Second Reading: On day of seconded by_ VOTE:  2024, A motion was made by  and  for adoption of such ordinance as presented.  Bales Jackson Mollo J.V White S. White Wood  Rodney D. Cury, Mayor  Amanda Beheler, Clerk    Effective Date (30 days_from passage, unless passed as emergency):    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Creation of R-3 zoning November 12, 2024 Susan Whitt  Item Number:  The proposed ordinance (0-2024-12-02) establishes a new: zoning classification, Residential, Expanded, R-3," within Chapter 154 of Title XV: Land Usage. This new district is designed to create a transitional zone between residential and commercial areas, accommodating higher- density residential development while maintainingn neighborhood character.  Key Features of the R-3 District: 1. Purpose and Intent:  Creates a high-concentration residential district Serves as a buffer between residential and commercial areas Accommodates both permanent and transient occupancy  Allows for institutional and related uses while maintaining residential character o Adds new allowance for temporary RV/travel trailer use (90-day maximum)  2. Permitted Uses:  O Includes all uses allowed in R-2 district  3. Development Standards:  Minimum Lot Areas:  Single-use with public utilities: 4,000 square feet Two-unit development: 8,000 square feet Three-unit development: 12,000 square feet Additional units: +1,000 square feet each  4. Building Requirements:  20-foot front setback 40-foot minimum lot width 10-foot minimum side yards (20 feet total) 20-foot minimum rear yard 35-foot height limit (with provisions for increases)    5. Special Corner Lot Provisions:  35-foot side yard on street side 100-foot minimum width for new corner lots  FINANCIAL IMPACT AND FUNDING SOURCE: 1. Direct Financial Impact:  No immediate cost to the Town for implementation Potential increase in permit fee revenue from new development Possible increase inj property tax revenue through higher-density development May require additional infrastructure capacity in affected areas Could reduce pressure on existing residential zones Potential fori increased property values ini transition areas  2. Indirect Financial Considerations:  RECOMMENDATION:  Staff recommends approval of Ordinance 0-2024-12-02 as the new R-3 district: Provides a needed transition between residential and commercial areas Addresses the growing need for temporary housing accommodations Maintains appropriate development controls while increasing density options Creates opportunities for strategic infill development The ordinance requires two readings before the Town Council for final adoption.  Allows for more flexible development options    ORDINANCE NO.: 0-2024-12-02 Implementation ofNew Ordinance TITLE XV: LAND USAGE CHAPTER 154: ZONING Town of Richlands Zoning Districts  BE IT ORDAINED by the Council of the Town of Richlands, Virginia, that pursuant to $5.7 ofthe Town Charter, $$154.015(A) and 154.205 ofthe Town of] Richlands, Virginia Code of Ordinances, that it hereby enacts the following amendments to Chapter 154 of Title XV: Land Usage, of the Town Code of Ordinances, in order to create a new zoning district, "Residential, Expanded, R-3,"and to establish the necessary criteria for the development of real property and the conducting ofallowable uses int the newly created zone within the corporate limits ofthe' Town.  DISTRICTS  $1 154.015 GENERALLY.  (A) For] purpose ofthis chapter, the incorporated areas oft the Town are hereby divided into  the following districts:  (1) Residential, Limited, R-1; (2) Residential, General, R-2; (3) Residential, Expanded, R-3; (4) Business, General, B-2; (5) Business, Expanded General, B-3; (6) Industrial, General, M-1 (7) Agricultural, General, A-1; and (8) Conservation, Special, C-1.  (B)This subsection remains unchanged by the amendments to this section.  RESIDENTIAL, EXPANDED, DISTRICTR-3  $ 154.060 STATEMENT OF INTENT.  This district is composed of certain high concentration of residential uses, ordinarily located between residential and commercial areas, plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics ofthe district, toj promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life, as well as travel life which is    composed of an adult population with some children, and to permit temporary uses ofa character likely to develop general concentration of traffic, crowds of travelers and general outdoor advertising. To these ends, retail activity is limited and this district is protected against encroachment of general commercial ori industrial uses. All residential types of structures for both permanent and transient occupancy and including institutions are permitted plus structures for commercial uses conforming to thej pattern ofthe district. This residential district is not completely residential asi it includes public and semipublic, institutional and other related uses. However, itis basically residential in character, and, as such, should not be spotted with commercial and  industrial uses.  $154.061 USE REGULATIONS.  In Residential District, R-3, structures to be erected orl land to be used, shall be for all uses (A)Temporary use of RVs or travel trailers as defined in Virginia Code 46.2-1500 that are located upon the property no longer than aj period ofninety (90) continuous days.  designated as allowable in District R-2, or for one or more of the following uses:  $154.062 AREA REGULATIONS.  (A) For lots containing ori intended to contain a single permitted use served by public water (B) For lots containing or intended to contain a single permitted use served by public water systems, but having individual sewage disposal, the minimum lot area shall be 15,000 square feet. (C) For lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems, the minimum lot area shall be 20,000 square feet. (D) For lots containing or intended to contain more than a single permitted use served by public water and sewage disposal systems, the minimum lot area shall be:  and sewage disposal, the minimum lot area shall be 4,000 square feet.  2v units 3u units  8,000 square feet 12,000 square feet  For each additional unit above3 3 1,000 square feet  (E) For lots containing or intended to contain more than a single permitted use served by public water systems but having individual sewage disposal systems, the minimum lot area shall  be:  2u units 3u units  16,000 square feet 18,000 square feet  For each additional unit above 3 1,000 square feet    (F) For lots containing or intended to contain more than a single permitted use served by  individual water and sewage disposal systems, the minimum lot area shall be:  2u units 3u units  22,000 square feet 24,000 square feet  For each additional unit above 3 1,000 square feet  (G) For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the Health Official. The Administrator may require a greater  areai ifconsidered necessary by the Health Official. $154.063 SETBACK REGULATIONS.  Structures shall be located 20 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the centerline of any street right-of-way less than 50 feet in width except that signs advertising sale or rent of property may be erected up to the property  line. This shall be known as the setback line. $1 154.064. FRONTAGE REGULATIONS.  For permitted uses the minimum lot width at the setback line shall be 40 feet, and for each additional permitted use there shall be at least ten feet of additional lot width at the setback line.  $154.065. YARD REGULATIONS.  (A)Side. The minimum side yard for each main structure shall be ten feet and the total width  ofthe two required side yards shall be 20 feet or more. (B) Rear. Each main structure shall have ai rear yard of20 feet or more.  S 154.056 HEIGHT REGULATIONS.  Buildings may be erected up to 35 feet in height from grade except that:  (A) The height limit for dwellings may be increased up to ten feet and up to three stones provided there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot ofb building height over 35 feet; (B). A public or semipublic building such as a school, church, library or hospital may be erected to al height of 60 feet from grade provided that required front, side and rear yards shall be  increased one foot for each foot in height over 35 feet;    (C) Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet  above the height of the building on which the walls rest; and  (D) No accessory building which is within ten feet of any party lot line shall be more than  one story high. All accessory buildings shall be less than the main building in height.  S 154.057 SPECIAL PROVISIONS FOR CORNER LOTS.  (A)Ofth the two sides of a comer lot the front shall be deemed to be the shortest oft the two (B) The side yard on the side facing the side street shall be 35 feet or more for both main (C)F For subdivisions platted after the enactment oft this chapter, each corner lot shall have  sides fronting on streets. and accessory building.  aminimum width at the setback line of 100 feet.  First Reading: Second Reading: On day of seconded by VOTE:  2024, A motion was made by  and  for adoption of such ordinance as presented.  Bales Jackson Mollo J.V White S. White Wood  Rodney D. Cury, Mayor  Amanda Beheler, Clerk  Effective Date (30 days from passage, unless passed as emergency):    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Creation of Solar Ordinance November 12, 2024 Susan Whitt  Item Number:  The proposed ordinance (0-2024-09-02) establishes a new Chapter 96 in Title IX of the Town Code to regulate the installation and use of solar energy systems within the Town of Richlands. This ordinance aims to promote renewable energy adoption while maintaining community  standards and protecting publici interests. 1. System Classifications: 2. Permitted Uses:  Key Provisions:  Roof-Mounted Solar Energy Systems Ground-Mounted Solar Energy Systems  Roof-mounted systems allowed in all residential and commercial zones Ground-mounted systems permitted on lots of one acre or more  All systems restricted to accessory use status Building permit required for all installations Must comply with all building, electrical, and fire codes Systems must be designed to minimize visual impact Anti-glare provisions to protect nelghboringproperties  3. Installation Requirements:  4. Specific Regulations:  Roof-Mounted Systems: Ground-Mounted Systems:  Maximum 80% roof coverage Must meet district height restrictions Limited to side and rear yards Maximum height of 12 feet Maximum lot coverage of 15%  5. Operational Restrictions:  Prohibition on energy sales Systems limited to on-site consumption    Net metering arrangements permitted Removal required after 12 months of non-operation New revenue from building permit fees No direct cost tot the Town for implementation  FINANCIAL IMPACT AND FUNDING SOURCE: 1. Direct Financial Impact:  Potential savings on energy costs for Town buildings if systems are installed May increase property values through energy cost savings Could attract environmentally conscious businesses and residents Potential reduction in community energy costs Administrative costs for permit processing and inspections  2. Indirect Financial Considerations:  RECOMMENDATION:  Staff recommends approval of Ordinance 0-2024-11-03 as it:  Provides clear guidelines for solar energy system installation Balances renewable energy adoption with community aesthetics Protects property values through appropriate restrictions Aligns with state legislation (Virginia Code $15.2-2288.7) Promotes sustainable energy practices while maintaining local control Creates opportunities for residential and commercial energy cost reduction The ordinance requires two readings before the Town Council for final adoption.    ORDINANCE NO.: 0-2024-09-02 TITLE IX: GENERAL REGULATIONS CHAPTER 96: SOLAR ENERGY SYSTEMS SOLAR ENERGY SYSTEMS Creation ofNew Ordinance Chapter 96.00 etseq.  the Council oft the Town ofRichlands, Virginia, pursuant to $$2.4(3) and  BEITORDAINED by ofsolar energy systems: $96.01 PURPOSE ANDI INTENT  Code $$15.2-2288.7, that the Council hereby  3.4(7) of the Town Charter and Virginia Code regarding installation and continuous use  IMPLEMENTS Chapter 96.00 et seq. ofthe Town  its intent to facilitate the installation and construction of solar  The Town hereby expresses and commercial properties in the Town of Richlands while  energy systems on residential protecting public health, safety, and welfare.  $96.02 DEFINITIONS  Solar Energy  System" means a solar energy system that is not mounted  "Ground-Mounted  on a building and is instead installed on the ground. Roof-Mounted Solar Energy System" ofa building or other structure. "Solar Energy System" thermal applications. $96.03 PERMITTED USE A. Roof-Mounted Solar Energy residential and commercial zoning residential and commercial zoning requirements set forth in this ordinance. $96.04 GENERAL REQUIREMENIS A. Aesthetics: Solar Energy Systems building to the extent reasonably possible B. Building Permit: A building permit  means a solar energy system mounted on the roof  means a device or structural design feature that provides for the  generation, consumption, or transmission, of for  collection of solar energy for electricity  Systems shall be permitted as an accessory use in all districts, subject to the requirements set forth in this shall be permitted as an accessory use in  ordinance.  B. Ground-Mounted Solar Energy Systems districts on lots of one acre or more, subject to the  shall be designed to blend into the architecture of the  without significantly increasing the cost or  decreasing the efficiency of the system. shall be required for the installation of any Solar  Energy System.    C. Compliance: All Solar Energy Systems shall comply with all D. Glare: Solar Energy Systems shall bej placed and arranged such that reflected or glare shall not be directed onto adjacent properties or public $96.05 SPECIFIC REQUIREMENTS FOR KOOF-MOUNTED  electrical, and fire codes.  applicable building, solar radiation  rights-of-way.  SYSTEMS  SOLAR ENERGY  A. Height: Roof-Mounted Solar Energy Systems shall not exceed the maximum height for the zoning district in which the property is located. B. Setbacks: Roof-Mounted Solar Energy Systems shall comply with all setback . Coverage: Roof-Mounted Solar) Energy Systems shall not cover. more than 80%  building requirements ofthet total  for the principal structure.  roofarea ofthe building on which they are mounted.  $96.06 SPECIFIC REQUIREMENTS FOR GROUND-MOUNTED  SYSTEMS  SOLAR ENERGY  A. Location: Ground-Mounted Solar Energy Systems shall bel located within side or rear  only. setback lot area.  yards  B. Height: Ground-Mounted Solar Energy Systems shall not exceed  C. Setbacks: Ground-Mounted Solar  twelve(12) feet inj height.  Energy Systems shall comply with accessory structure  requirements for the zoning district in which the  is  D. Coverage: Ground-Mounted Solar Energy Systems shall property located.  not cover more than 15% of the  $96.07 PROHIBITION ON ENERGY SALES  A. No citizen or property owner shall sell, attempt to sell, or enter into B. All Solar Energy Systems installed under this ordinance C. Net metering or similar arrangements that involve crediting the  energy generated by a Solar Energy System to the Town ofRichlands any agreement to sell  or any other entity.  shall be for on-site  consumption only.  energy  for excess energy production are not considered sales for the property owner's utility bill  may bej permitted ifallowed by the local $96.08 ABANDONMENT AND REMOVAL  purpose of this section and  utility provider.  Any Solar Energy System that is not operated for a continuous months shall be considered abandoned and shall be removed  period of twelve (12) by the property owner at their  expense.    First Reading: Second Reading: On day of seconded by VOTE:  2024, A motion was made by  and  for adoption ofs such ordinance as presented.  Bales Jackson Mollo J. White S. White Wood  Rodney D. Cury, Mayor  Amanda Beheler, Clerk  Effective Date (30 days from passage, unless passed as emergency):        Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Tobacco Commission Grant and Loan Acceptance  November 12, 2024 Susan Whitt  Item Number:  The Town of Richlands has secured a total of $4,000,000 in funding from the Tobacco Commission for our Electricity Diversification Project, consisting ofa $2,000,000 grant and a $2,000,000 low-interest loan. The grant portion was approved on September 26, 2024, representing a significant investment in our community's energy infrastructure.  Key Components: 1. Funding Package:  Grant Number: #4285 Grant Amount: $2,000,000 Loan Amount: $2,000,000 Total Funding: $4,000,000 Approval Date: September 26, 2024 Purpose: Electricity Diversification Project Execution of Grant Agreement Execution of Loan Documents Submission of current W-9 Form Completion of Signature Authorization Form  2. Requirements:  Commission participation in all press conferences and announcements Compliance with Commission's Funding Policies for Grant Awards  3. Project Impact:  Enhanced energy infrastructure Creation of new jobs  Increased economic opportunities for local citizens Improved energy independence for the Town $2,000,000 grant from Tobacco Commission No matching funds required from Town  FINANCIAL IMPACT AND FUNDING SOURCE:  1. Grant Funding:    Funds to be used specifically for electricity diversification Repayment to be made from project revenues Terms to be specified in loan documentation Staff time for grant and loan management and reporting Coordination with Commission for press announcements Compliance monitoring and documentation o Loan servicing and repayment tracking  2. Loan Terms:  $2,000,000 low-interest loan  3. Administrative Requirements:  RECOMMENDATION: Staff recommends that Council:  1. Accept the $2,000,000 grant from the Tobacco Commission 2. Accept the $2,000,000 low-interest loan from the Tobacco Commission  3. Authorize the Town Manager to execute:  Grant Agreement Loan Documentation W-9 Form  4. Direct staff to complete all required documentation including:  Signature Authorization Form Press announcement coordination  5. Implement necessary procedures to ensure compliance with Commission policies and The combined $4,000,000 ini funding presents a significant opportunity to advance our energy infrastructure while creating new economic opportunities for our citizens. The mixture of grant and low-interest loan funding provides ai favorable financial structure for the Town. Staff will work closely with the Commission to ensure all requirements are met and funds are utilized  loan terms  effectively.    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Imagination Library MOU November 12, 2024 Susan Whitt  Item Number:  The proposed Memorandum of Understanding (MOU) establishes a partnership between the Town of Richlands and the Tazewell County Public Library Foundation to bring Dolly Parton's Imagination Library program to Richlands residents. This program provides free books to enrolled children to promote early literacy and parent-child bonding through reading.  Key Components: 1. Program Structure:  Tazewell County Public Library Foundation serves as Local Champion Coverage area limited to Town of Richlands (24641) Provides books to eligible children within town boundaries  Cost set at $25 per child per year Tazewell County Public Library Foundation: Program publicity and enrollment Registration of qualified children Payment of monthly invoices Management of undeliverable books Day-to-day program maintenance Program funding for enrolled residents Documentation support Program oversight through Town Manager  2. Partner Responsibilities:  Town of Richlands:  3. Program Goals:  Promote graduation rates Enhance parent-child bonding through reading Improve early childhood literacy Support educational development  FINANCIAL IMPACT AND FUNDING SOURCE:    1. Direct Costs:  $25 per enrolled child per year (Maximum of $5,000 fori the Town) Total annual cost will depend on enrollment numbers Funding tol be allocated according to Virginia law Staff time for program oversight Administrative support as needed Documentation and reporting requirements  2. Indirect Costs:  RECOMMENDATION:  Staff recommends approval of the MOU for the following reasons: 1. Provides valuable educational resources to town residents 2. Partners with established 501(c)(3) organization 3. Leverages existing Imagination Library infrastructure 4. Supports early childhood development and literacy 5. Promotes parent-child engagement 6. Cost-effective approach to providing educational resources  Upon approval, staff will work with the Tazewell County Public Library Foundation to implement the program and establish necessary procedures for enrollment and funding allocation.    IMAGINATION LIBRARY Memorandum of Understanding  This Memorandum of Understanding ("MOU"), dated as of the  of October, 2024,  sets forth certain understandings and binding agreements between the Town of Richlands, a Municipal Corporation, ("Town"), and Tazewell County Public Library Foundation, a non-profit organization. The Town of Richlands and Tazewell County Public Library Foundation are sometimes referred toi individually as a Party" and collectively as the "Parties".  This MOU sets forth in greater detail the intention of the Parties to work in good faith to establish and maintain Richlands as a locality with the benefit of Dolly Parton's Imagination  Library.  WHEREAS, the Town desires to enroll in the Dolly Parton's Imagination Library to promote graduation rates, parent-child bonding through reading, and likelihood of the  aforementioned; and  WHEREAS, the Tazewell County Public Library Foundation has a desire to serve as the WHEREAS, the below agreement spells out the duties of each party to promote the general  Local Champion for the Town of Richlands in enrolling in such program; and  welfare oft the citizens of Richlands, Virginia.  NOW' THEREFORE, the Parties hereby agree as follows:  The Tazewell County Public Library Foundation will serve as the Local Champion for the Town of Richlands, Virginia through the Dolly Parton's Imagination Library. The Tazewell County Public Library Foundation must continue to fulfill the requirements of being a 501(c)(3) agency and be legally affiliated as such agency during the pendency of this agreement.  The Area covered under this agreement shall be the Town of Richlands, Virginia, 24641, and the Town will be responsible for the funding of citizens enrolled within the boundaries oft the Town. The Town may delegate, appropriate, or allocate such funds for this project in accordance  with the laws oft the Commonwealth of Virginia.  As Local Champion, the Tazewell County Public Library Foundation agrees to publicize within the Town of Richlands for anyone interested in enrolling in this program, registering any interested and qualified children in the program, paying monthly invoices directly to the Imagination Library (which is set at $25 per child per year), picking up any undeliverable books from Richlands' Post Office. The Local Champion shall be responsible for any other day to day maintenance that may occur in the development and ongoing relationship with the Imagination  Library.  Both Parties will bei responsible for completing and submitting any such documentation for  establishing and maintaining an active status for the Imagination Library. MOULocal Champion forl Dolly Parton's Imagination Library  pg.1    The contact from the Town of Richlands shall be the Town Manager, or his designee. The contact for the Tazewell County Public Library shall be Erica Galloway, or her designee. Any resignation oft the named individual herein shall be communicated to the other party.  This agreement is hereby agreed and entered into on behalfoft the Town of Richlands and  the Tazewell County Public Library Foundation, this  day of  2024.  Town Manager  Tazewell County Public Library Foundation  MOU Local Champion for Dolly Parton's! Imagination Library  pg.2    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Generator Capital Project Ordinance November 12, 2024 Susan Whitt  Item Number:  The proposed ordinance (0-2024-12-04) establishes a new capital improvement account specifically fori the Richlands Generator Project. This account will manage $6 million in secured funding for the planned 5 MW natural gas-powered generator that will provide electricity  production and storage capabilities for the Town.  Key Components: 1. Account Structure:  Dedicated capital project account  Separate line item in Town budget starting FY 2025 Quarterly reportingr requirements to Town Council Consolidated management of multiple funding sources $2M Tobacco Commission Grant $2M Tobacco Commission Low-Interest Loan $2M AMLER (Abandoned Mine Land Reclamation) Grant Additional potential sources: Town appropriations Other state and federal grants Private donations and contributions Bond proceeds Planning and engineering costs Equipment purchase Construction expenses Ongoing maintenance Remaining funds may be:  2. Funding Sources:  3. Fund Usage:  Retained for generator maintenance  Transferred to other capital projects as approved by Council    4. Oversight:  Town Manager responsible for quarterly reports Regular updates on project status and account balance Council authority over fund transfers Compliance with multiple grant requirements Creation of new dedicated account Noi immediate appropriation required Allows for proper tracking of multiple fundingsources: $2M Tobacco Commission Grant $2M Tobacco Commission Loan $2M AMLER Grant Other grants or funding as received Total committed funding to date: $6M Staff time for quarterly reporting Account management and oversight Budget line item creation and maintenance Grant compliance and reporting Loan servicing management Enhanced energy independence Potential reduction in peak power costs Emergency power, generation capability O Infrastructure improvement  FINANCIALIMPACT AND FUNDING SOURCE: 1. Direct Financial Impact:  2. Administrative Requirements:  3. Long-term Financial Benefits:  RECOMMENDATION:  Staffrecommends approval of Ordinance 0-2024-12-04 as it: 1. Establishes proper financial controls for the $6M generator project 2. Creates transparency through regular reporting requirements 3. Ensures dedicated funding for project completion and maintenance 4. Complies with state and local financial management requirements 5. Provides flexibility for future maintenance funding 6. Supports proper management of multiple funding sources 7. Facilitates tracking of grant compliance requirements 8. Enables efficient project implementation and oversight  The ordinance requires two readings before the Town Council for final adoption. Upon approval, staff will begin the process ofe establishing the account and implementing the required  structures.  reporting    ORDINANCE NO.: 0-2024-12-04 TITLE III: ADMINISTRATION CHAPTER 36: CAPITAL IMPROVEMENT ACCOUNTS CAPITAL IMPROVEMENT ACCOUNTS Creation of1 New Ordinance 36.04  BE IT ORDAINED by the Council of the Town ofRichlands, Virginia, pursuant to $$2.2(3) and 3.4(2) of the Town Charter, Section 32.45, 32.46, and 32.48 of the Richlands Town Code, and Virginia Code $$15.2-2501 and 15.2-2505, that the Council hereby IMPLEMENTS Section 36.03 ofthe Town Code regarding a capital improvement account for the Generator Account:  $36.04 RICHLANDS GENERATOR CAPITAL ACCOUNT  (A)The Town hereby establishes a capital project account for the Richlands Generator project which shall comprise ofa natural gas powered generator for the production of electricity  to be provided or stored for the Town ofRichlands.  (B)Funding for this account may come from any or all oft the following sources: a. Moneys appropriated and made available by the Town b. Grants from state or federal agencies d. Bond proceeds, ifa applicable this project.  Donations or contributions from private individuals or organizations  e. Any other moneys which may be made available to the Town for the purpose of  (C)Any money held in this account shall be used solely for the planning, construction, and maintenance of the Richlands Generator Project. Upon completion of such project, any remaining money held in the account may be further held in this account for maintenance of the Richlands Generator or transferred to another Capital Improvement Project as (D)This account shall have its own line item of the Town's budget starting fiscal year 2025 (E)The Town Manager, or his designee, shall provide quarterly reports to the Town Council on the status of the Richlands Generator Project and the balance of this Capital Account.  deemed appropriate by the Richlands Town Council.  and each fiscal year thereafter.  First Reading: Second Reading: On day of seconded by  2024,A motion was made by.  and  for adoption of such ordinance as presented.    VOTE:  Bales Jackson Mollo J. White S. White Wood  Rodney D. Cury, Mayor  Amanda Beheler, Clerk  Effective Date (30 days from passage, unless passed as emergency):    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Little League MOU November 12, 2024 Susan Whitt  Item Number:  The proposed Memorandum of Understanding (MOU) updates and clarifies the agreement between the Town of Richlands and Richlands Athletic League (RAL) regarding the use and  maintenance of baseball and softball facilities within the Town.  Key Components: 1. Facility Assignments:  Flannary Majors Field & Mary Ann Strong Minors Field: RAL retains full jurisdiction and sole use RAL responsible for maintenance and improvements Located at 1851 Cranwell Drive Williams Park Softball/Tee Ball Fields: RAL assumes full responsibility starting. January 1, 2024 RAL maintains areas inside fences Town maintains areas outside fences Located at 115, 200, 215 Williams Park Road Retained by Town for other uses (RYBC, High School) RALI maintains concession rights Shared batting cage use  Williams Park: Senior Baseball Field:  2. Maintenance Responsibilities:  RAL:  All playing fields under their jurisdiction Press boxes and storage structures Areas inside fences Assistance with bathroom supplies Williams Park common areas Bathroom facilities Areas outside fences  Town:    Senior Baseball Field  3. Usage Rights:  RAL can authorize third-party usage through written agreements  Rental fees paid to Richlands Recreation Park RAL: serves as primary contact for field usage Shared facilities coordinated between parties One-year duration OctoberSeptember) Automatic renewal if no modifications requested Formal notice required for changes Modification possible through attachments  4. Agreement Terms:  FINANCIAL IMPACT AND FUNDING SOURCE: 1. Direct Cost Savings:  RAL assumes maintenance costs for multiple facilities Reduced town maintenance responsibilities Shared bathroom supply costs Facility rental fees directed to Recreation Park Concession rights retained by RAL Cost sharing for future improvements  2. Revenue Considerations:  RECOMIMENDATION:  Staff recommends approval of the MOU for the following reasons: 1. Clarifies responsibilities between Town and RAL 3. Establishes clear procedures for facility usage 4. Provides framework fori future cooperation 5. Maintains public access through organized channels 6. Protects Town's long-term interests in facilities 7. Creates efficient management structure for sports facilities establish necessary communication protocols.  2. Reduces Town maintenance obligations while maintaining ownership  Upon approval, staff will work with RAL to implement the transition of responsibilities and    Little League  Ral3  RICHLANDS ATHLETIC LEAGUE P.O. Box 1737 - Richlands, VA 24641 -I Ricalimdit.mialagueog- (276)971-1984  League ID: 034-61-113  Memorandum ofUnderstanding  The following information contained in this Memorandum of Understanding as agreed upon by the Town of Richlands, VA, Richlands Recreation Commission and the Richlands Athletic League serves as documentation pertaining to the usage of area baseball and softball fields/indoor practice facility/batting cages by the league. This document supersedes any previous documents as the official agreement ofu use between the Town of Richlands and Richlands Athletic  League.  I  Richlands Athletic League Baseball & Softball Fields  Indoor Practice Facililty  Flannary Majors Field; Mary Ann Strong Minors Field; Indoor Practice Facility 1851 Cranwell Drive, Richlands, VA 24641 (also potentially referred as to include  1800 & 18193 3rd Street, Richlands, VA on Google Maps)  1. Richlands Athletic League retains jurisdiction over and sole use ofl Flannary Majors Field; Mary Ann Strong Minors Field; Indoor Practice Facility for the entire calendar year. (12 2. Richlands Athletic League bears the financial and physical responsibility of maintenance, up keep, and improvements related to these facilities for the entire calendar year. 3. Richlands Athletic League reserves the right to allow any other organizations, groups, or teams to have fair usage of the above listed facilities by written permission and/or written use agreement signed by an appointed representative of the RAL Board ofDirectors. 4. The Town of Richlands retains ownership over the real property on which these facilities are constructed as deeded to the Town of] Richlands from the Commonwealth of Virginia however the Town of Richlands may not remove, destroy, or interfere with any existing structures on said real property absent proper notice to RAL, formal hearing, and any  months/52 weeks/365 days)  potential court proceedings.  MOU Town of Richlands & Richlands Athletic League  pg.1    II  Williams Park Majors Softball/Minors Softball/Tee Ball Fields 115, 200, 215 Williams Park Road, Richlands, VA 24641  1. Richlands Athletic League will assume rcspomsbltyjurisdiction over, and sole use ofthe above listed fields from the Town of Richlands for the entire calendar year beginning on 2. Richlands Athletic League bears the financial and physical responsibility of maintenance, up keep, mowing, and improvements related to these facilities, inside the fences/fields of 3. Town of Richlands retains responsibility of maintenance, up keep, mowing, and improvements for all other areas ofWilliams Park located outside the fences/fields ofplay. However, Richlands Athletic Agrees to assist the town by maintaining and weed-eating 4. Richlands Athletic League retains jurisdiction and sole use of press boxes and storage structures which shall be secured and locked by Richlands Athletic League for the entire calendar year. (12 months/52 weeks/365 days) Ifthe Town of] Richlands and/or Richlands Rec Commission requires al key to these buildings for maintenance or other lawful use then a key and/or access code will be provided to the Richlands Recreation Commission 5. The Town of Richlands retains responsibility for routine maintenance and cleaning oft the Williams Park Bathroom facilities however Richlands Athletic League agrees to assist the Town of Richlands ini maintaining stock of paper products/soap within the Williams Park Bathrooms with stock provided by Town of Richlands as well as ensuring the bathroom facilities are clean and ready for use after each night of scheduled games. This agreement 6. Richlands Athletic League reserves the right to allow any other organizations, groups, or teams to have fair usage of the above listed facilities by written permission and/or written use agreement signed by an appointed representative of the RAL Board of Directors as long as requested use does not interfere with scheduled league events. However, all associated fees with facility rentals shall be paid by parties requesting rental/fair use directly to the Richlands Recreation Park. All other monies raised or collected shall be retained by the renting parties with appropriate donations made to Richlands Athletic League as agreed up between the parties. Richlands Athletic League shall be the point of contact for usage of fields by citizens and will ensure proper communication between the  January 1,2024.  play, for the entire calendar year.  along the areas immediately outside the playing field fences.  Director upon request.  may be modified by the parties at any time in writing.  Town of Richlands and Richlands Athletic League on permitted usages.  MOU Town of Richlands & Richlands Athletic League  pg.2    7. The Town of Richlands retains ownership over the real property on which these facilities are constructed as deeded to the Town of Richlands from the Commonwealth of Virginia however the Town of Richlands may not remove, destroy, or interfere with any existing structures on said real property, except for routine repair, renovations, or maintenance, absent proper notice, formal hearing, and any potential court proceedings.  III  Williams Park Senior Baseball Field; RAL Batting Cage 125 Williams Park Road, Richlands, VA 24641  1. Richlands Athletic League agrees that sole use of the Williams Park Senior League Baseball Field (located directly beside the Richlands Water Treatment Plant) shall be retained by the Town of Richlands and may be designated for use as deemed appropriate, such as use by and for the Richlands Youth Baseball Club (RYBC) or Richlands High 2. As such, the Town of Richlands, or designee, shall bear the financial and physical responsibility of maintenance, up keep, and improvements related to this facility for the 3. Richlands Athletic League reserves the right to use and operate the Concessions Facility, located directly underneath the Williams Park Senior Field Press Box, as it is the only permanent Concessions structure located withing the confines ofWilliams Park. Richlands Athleticl League agrees to cooperate and share use with other organizations, such as. RYBC 4. Richlands Athletic League reserves thei right to fair and equal use ofthel RAL Batting Cage located between the fences ofthe Williams Park Senior Field and the Williams Park Majors Softball Field. Richlands Athletic League agrees to cooperate and share use with other  School.  entire calendar year.  as determined between the parties.  organizations as determined between the parties.  IV Future Projects  1. Richlands Athleticl League agrees to cooperate with Town of Richlands in the planning and construction of future projects. Future projects and or requests will be directed to the Recreation Commission and/or Town Manager for Town of Richlands at the appropriate  MOU Town of Richlands & Richlands Athletic League  pg.3    time. This Memorandum ofUnderstanding may be modified to include future agreements byi incorporation of attachments without formal modification oft this executed document.  V  Duration ofAgrementRenewal  1. This agreement shall be valid, and in full force and effect, upon execution.  2. This agreement shall be valid for the period of one (1) calendar year which shall run from October through September, however, ifinitial execution oft this agreement occurs prior to October then it shall remain valid and in full force and effect from date of execution for a 3. Ifat the expiration of said calendar year, no party has come forward seeking modification ort termination ofthis agreement, then this agreement can be re-executed with updated dates and signatures for accurate representation of the Town of Richlands and the Richlands 4. Ifany party seeks modification or termination of this agreement, then formal notice must be given to all parties as well as opportunity to be present and heard at any meeting or  full calendar year and until the following September.  Athletic League subject to approval ofboth parties.  hearing prior to any action for modification or termination.  This agreement is hereby agreed and entered into on behalf oft the Town of Richlands and  Richlands Athletic League, this  day of  2024.  Town Manager  Recreation Commission Director  Town Attorney  Town Mayor  RAL President  RAL Board Member  MOU Town of Richlands & Richlands Athletic League  pg.4    Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  RYBC MOU November 12, 2024 Susan Whitt  Item Number:  The proposed Memorandum of Understanding (MOU) establishes the agreement between the Town of Richlands and Richlands Youth Baseball Club (RYBC) regarding the use and maintenance ofV Williams Field at CritterVille Park. This agreement coordinates usage between RYBCand  school programs while maintaining Town ownership.  Key Components: 1. Facility Management:  Williams Field (Senior League Baseball Field): RYBC jurisdiction: March through October Shared use with school programs Located at Williams Park Road Established hierarchical access: Richlands High School Varsity Richlands High School Junior' Varsity Richlands Middle School Other approved organizations  2. Usage Priority:  3. Maintenance Responsibilities:  RYBC:  All areas inside baseball fence (March-October) Weed eating immediately outside fences Press box security and access management Access management for third-party usage  Collaboration with school programs for year-round maintenance Concession area coordination with Richlands Athletic League  Shared Facilities:  4. Usage Rights:  RYBC can authorize third-party usage through written agreements  Rental fees paid to Richlands Recreation Park    RYBC maintains usage calendar Coordinated access to concession facilities One-year duration October-september, Automatic renewal if no modifications requested Formal notice required for changes Annual review opportunity  5. Agreement Terms:  FINANCIAL IMPACT AND FUNDING SOURCE: 1. Direct Cost Savings:  RYBC assumes seasonal maintenance costs Shared maintenance with school programs Reduced town maintenance responsibilities Facility rental fees directed to Recreation Park Coordinated concession operations o Maintenance cost sharing between multiple organizations  2. Revenue Considerations:  RECOMMENDATION:  Staff recommends approval of the MOU for the following reasons: 1. Establishes clear maintenance responsibilities 2. Prioritizes school athletic program access 3. Creates efficient coordination between multiple user groups 4. Maintains public access through organized channels 5. Reduces Town maintenance costs 6. Preserves Town's property interests 7. Supports youth sports development establish necessary communication protocols.  8. Facilitates cooperation between community organizations  Upon approval, staff will work with RYBC and school officials to implement the agreement and    Richlands Youth Baseball Parents Club, INC.  PYTT   PO Box 935  Pounding Mill, VA - 24637  Clpborting bucbalinthe gRichlandb Oommnily  Memorandum of Understanding  The following information contained in this Memorandum of Understanding as agreed upon by the Town of Richlands, Virginia, Richlands Recreation Commission, and Richlands Youth Baseball Club serves as documentation pertaining to the upkeep of Williams Field at Critterville Park in Richlands, Virginia by Richlands Youth Baseball Club in coordination with Richlands Middle and High  School Coaching staff.  Williams Field (Senior League Field) Williams Park Road, Richlands VA 24641  1. Richlands Youth Baseball Club will retain jurisdiction over Williams Field/Senior League Baseball Field at Critterville Park from the first of March through the end of October. 2. Richlands Youth Baseball Club will bear financial responsibility of maintenance and upkeep related to any area inside the baseball fence from March 1 through the end ofOctober. Richland Youth Baseball Club also agrees to maintain and  weedeat  along the areas immediately outside the playing field fences from March  1through the end of October.  3. Richlands Youth Baseball Club will collaborate with Richlands High Schoo/Richlands Middle School Baseball Programs to provide physical upkeep of the fields throughout the entire calendar year in return for the usage of the fields for practice and play during seasonal and off seasonal activities. Preferred usage of the field will occur in the following order: Richlands High School Varsity; Richlands High School Junior Varsity; Richlands 4. Richlands Youth Baseball Club reserves the right to allow any other organizations, groups, or teams to have fair usage of the above listed facility by written permission and/ or written use agreement signed by RYBC President. All requests and usage shall be maintained on a calendar schedule maintained by RYBC. All associated fees with facility rental shall be paid by parties requesting rental/fair use directly to the Richlands Recreation Park. All other monies raised or collected shall be retained by the renting parties with appropriate donations to Richlands Youth Baseball Club as agreed upon between the parties. 5. TheTownofRichlandsilainsownemnpoverhnerealpoperyonwhichthnislaclty: isconstructed as deeded to the Town of Richlands from the Commonwealth of Virginia, however the Town of Richlands may not remove, destroy or interfere with any existing structures on said real property with the exception of routine or emergency repair, renovations, or maintenance, absent proper notice to RYBC, formal hearing and any potential court proceedings.  Middle School; other approved organizations, groups or teams.  MOU Town of Richlands, Rec Commission, & Richlands Youth Baseball Club    Richlands Youth Baseball Parents Club, INC.  PO Box 935  Pounding Mill, VA 2 24637  Cipbortiny bascballinthe ORichlandb Dommnty  6. Richlands Youth Baseball retains jurisdiction and use of press box structure which shall be secured and locked by RYBC for the entire calendar year. (12 months/52 weeks/365 days). If the town of Richlands requires a key to this building for maintenance or other lawful use then a key and/or access code will be provided to the Richlands Recreation Commission Director upon 7. Richlands Youth Baseball will notify Richlands Athletic League, who retains jurisdiction over the Concession area of the Press Box regarding usage of the Concession during games and or other events. Other organizations, groups or teams who have rented or have fair usage of the field can request access to the Concession area for usage during stated events and should collaborate with  request.  RYBC to gain access to the Concession area.  II  Duration of Agreement Renewal  1. This agreement shall be valid, and in full force and effect, upon execution.  2. This agreement shall be valid for the period of one (1) calendar year which shall run from October through September, however if initial execution of this agreement occurs prior to or after October, then it shall remain valid and in full force and effect from the date of execution 3. Ifat the expiration of said calendar year, no party has come forward seeking modification or termination of this agreement, then this agreement can be re-executed with updated dates and signatures for accurate representation of the Town of Richlands and the Richlands 4. Ifany party seeks modification or termination of this agreement, then formal notice must be given to all parties as well as opportunity to be present and heard at any meeting or hearing This agreement is hereby agreed and entered into on behalf of the Town of Richlands and  for a full calendar year and until the following September.  Youth Baseball subject to approval of both partices. prior to any action for modification or termination.  Richlands Youth Baseball Club, this  day of  202.  Town Manager  Recreation Director  MOU Town of Richlands, Rec Commission, & Richlands Youth Baseball Club    Richlands Youth Baseball Parents Club, INC.  #9   PO Box 935  Pounding Mill, VA-24637  Clbborting Obacbalinthe ORichlandb Dommunty  Town Attorney  Town Council- Chairman  RYBC President  RYBC Board Member  MOUT Town of Richlands, Rec Commission, & Richlands Youth Baseball Club        Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Section House Painting RFP November 12, 2024 Susan Whitt  Item Number:  The Town solicited proposals through RFP 2024-10 fori the restoration and repainting oft the historic section house located at 1542 Front St. The project scope includes paint removal, wood repair, surface preparation, and complete exterior repainting of the structure.  Project Requirements:  1. Complete paint removal from exterior 2. Repair of rotted/damaged wood sections 5. Historical restoration experience required  3. Surface preparation 4. Full exterior repainting Bid Submissions Received: 1. J.R Ross Painting: $23,000 2. 360 Painting: $28,000 3. Dynamik Construction Co: $32,900 Selection Criteria Used: Understanding of project requirements Experience with historical restoration Cost effectiveness Timeline for completion References and track record FINANCIAL IMPACT AND FUNDING SOURCE:  1. Project Costs:  Lowest qualified bid: $23,000 (J. Ross Painting) Range of bids: $23,000-$32,900 Average bid: $27,967  2. Funding Source:  Proposed for inclusion in FY 2026 budget No current fiscal year impact Project to be scheduled after. July 1, 2025    RECOMMENDATION: Staff recommends:  1. Award the contract to. J. Ross Painting for $23,000, contingent upon:  FY: 2026 budget approval Reference checks  Verification of required insurance and bonds Proof of historical restoration experience  2. Include project funding in FY 2026 budget planning process  3. Authorize Town Manager to execute contract documents upon budgetapproval  Rationale for recommendation: Lowest qualified bid  Significant cost savings ($5,000 below next lowest bid) Allows time for proper budget allocation Provides preservation of historic structure Meets all RFP requirements Upon approval, staff will: 1. Notify successful bidder 2. Include project in FY 2026 budget preparation 3. Prepare contract documents 4. Coordinate project timeline for post July 1, 2025 start    JRoss Painting 1696 Shipley Ferry Rd Kingsport,TN37663  Office: (423)7 777-ROSS Email: oicougomerateoymaicon Website: rossconglomerate.com TNLicense #68456 VA License #2705167550 NCI License #102865  JRos  Proposal  Name: Debral Harris Address: 200 Washington Square, Richlands, VA Email: Oharisernchlandsvagow Phone #: (276)964-2566  Job Name: Town of Richlands EP Date: 10-04-2024 Sales Person: Glenn Cataen  Description Of Work  JRoss is pleased to offer thet following proposal: Exterior Painting of Historic Building. 1: Inspection & Repair Strategy: &t thel Mayor.  Basel bid $23,000.00  Alternate  A visuali inspection was conducted on site with! Mrs.' Whitt A physical inspection was conducted probing various sections of sidingf focusing primarily on areas where peeling paint was most accessible & visible. There was minor visual damaged wood, under front left side eves, as small section of thet fascial board as well as onel hole approximately 1.5"i in diameter, whether there was' "rot" could not! be determined. There was no rotten wood on any areas probe tested. Fillt the one hole approximately 1.5"i in diameter, with foam and wood putty, then sanding to paint ready Ther minor visual damaged wood, under front left side eves, would only have wood putty applied then: sanding There will be no carpentry worki included int this proposal or scope of work, sol keeping with the historic accuracyis Lay plastic down around areas where paint is loose to Dispose of paint chips following EPA & OSHA: standards.  condition.  to paint ready condition. not applicable.  capture as much as possible.    JRoss Painting 1696 Shipley Ferry Rd Kingsport, TN37663  Office: (423)7 777-ROSS Email: oiscoungomerateomaicum Website: ossconglomerate.com  .Boss  Pressure/soft washing exterior of homes siding, railings, lattice, gray foundations, porch ceilings, step risers, step stringers, columns, spindles, exposed eves, fascia, down ESTIMATED TIME NEEDED FOR REPAIRS, LABOR HOURS AND MATERIALS FOR THE. ABOVE PROCESSI IS APPROXIMATELY: 32 MAN HOURS.  spouts and gutters.  2: Painting Approach: Lay plastic down around areas where paint is loose to capture as much as possible. Remaining loose paint will bes scraped to where iti is tightly: adhered to substrate. Method of application willl bel brush and roll. Apply: 1 coat of INSL-XHIGH BUILDE PEELI BONDING PRIMER to all sections where peeling has occurred. Apply 1 coat of Sherwin Williams exterior primer to any/all areas where wood putty was applied and sanded Apply 21 finish coats of Sherwin Williams SUPER PAINT to homes siding, doors, door trim, windows, window trim, window grids, wood railings, lattice, grayf foundations, porch ceilings, step risers, step stringers, columns, spindles, exposed eves, and fascia. Appl21 finish coats of Sherwin' Williams DTM oni front metal handrails. 3: Key Personnel: lasty year.  to paint ready condition.  Wel have two separate teams of tradesmen who primarily focus on historic restoration projects. When have completed numerous restorations just ini the List of historic restorations completed recently. Barter Theater, Abingdon VA. Historic Clock Tower for the Federal Government at the VAJ Johnson City TN. Chesterfield Inn, Jonesborough TN. Eureka Inn, Jonesborough TN. The Doak House on Main St. Jonesborough TN. The Sanders House on Main St.. Jonesborough TN. The Houtari House "ont the Hill" JonesboroughTN.    JF Ross Painting 1696 Shipley Ferry Rd Kingsport," TN37663  Office: (423) 777-ROSS Email: oiscongomesateopmatcon Website: yosscongomerate.com  ).Ross  4: Quality Assurance: visit thej job site daily. ont the project. Virginia on craftsmanship.  AF Project Manager willl be assigned tot this project and AF Paint Crew Boss/Supervisor willl be on-site all day when painting is being completed andi managing the painters We give a 1y year warranty as required byt the State of  5:  Safety & Environmental Considerations: Most if all oft this project willl be completed using ladders, we will use scaffolding if wet feeli it is necessary. Lay plastic down around areas where paint is loose to capture as much as possible. Dispose of paint chips following EPA & OSHA standards. Landscaping, shrubs, trees et cetera.lyes that is howi itis spelled) :) needed trimmed are the responsible of the  city. 6: References: William Wennis. Barter Theater. 276-492-3425. Tyler Begley. Tyler Begley Development. 423-677-5454. Richard Preston. Preston Construction. 423-306-7649. Chris Basar. Restoration Consultant & Specialist. 423-483-0303. Dr. William Kennedy. President of the. Jonesborough Historical Society. 423-416-4201. 7: Costs Proposal: Inspection- FREE. Prep work and cleaning-$2,500.00. Wood Repair to paint ready condition-$1,000.00.    JF Ross Painting 1696 Shipley Ferry Rd Kingsport, TN3 37663  Office: (423)7 777-ROSS Email:j ossengomenie@pmaicon Website: yossconglomeratecom  J.Ross  Labor and all paint and sundries-$19,000.00. Hazardous waste disposal fee-$500.00. See payment schedule below.  8: Project Schedule:  Estimated days to complete project is 8-10 days. When we start ap project, we: stay ont that project, until completion unless weather prohibits. Proposed start date is Spring of 2025. This project will be completed before the end of the Town of Richlands' VAI Fiscal yeari in. June of 2025. This proposal is for exterior painting of the "Main Windows and doors exterior sides only. Nor re-glazing of windows isi included or needed from my We will caulk where and as needed on all: surfaces that No actual carpentry worki isi included or needed from my Windows boxes willl be removed and painted by Trimming of "All" landscaping willl be completed by Painting of Gutters & Downspouts not included in Yous should be very proud of the current condition of this historic property, overall it has been well maintained.  Notes: House"only. inspection. are being painted. inspection. customer. customer. proposal.  CONVENIENCE FEE 3% IF PAID BY CREDIT CARD. (SEE BELOW) Job Subtotal (Proposal Pricel Including labor and materlals necessary  to completet the] Job.) 33% upon: acceptance of the proposal 33% ate each corresponding completion of work 34%1 for Final Payment  $23,000.00 $7,590.00 $7,590.00 $7,820.00    JRoss Painting 1696 Shipley Ferry Rd TN37663 Kingsport,  Office: (423)7 777-ROSS Email: oscongomaalrdymaicon Website: rossconglomerate.com  J.Ross  Proposal limited to 5 interior colors and 3€ exterior colors. All labor and materials included unless otherwise stated above.  Proposal is based on work performed during normal business hours Monday thru Friday Credit Card Payments will be assessed a 3%1 fee, please select' YES if you plan to pay by card. Unforeseen conditions and circumstances are not covered int this proposal. Anything not explicitly stated as part of POCAPI245148ADhya Finishing Council section 3.2, 1-19-07) visual inspection standards used  this proposali is excluded. as basis for work  Note: This proposal willl be withdrawn if not accepted and 33% deposit is paid within 10 days Due to the volatility of material prices JI Ross reserves the right to adjust the material portion of this proposal untili iti is approved and thei initial 33% down payment is paidi inf full. The above prices, specifications and conditions are: satisfactory and are hereby accepted.  You are authorized to doi the work as specified. Payment is due upon completion of work.  Contact Signature!  (Signature Datel)    Proposal Definitions  Allgatoring/crocoling is the large formation or pattern ofs shallow and deep cracks, which lookl like the skin of an alligator or crocodile ont the surface painted. Itis predominately seen on older items that have multiple layers of paint that are not fully removed. On older properties that are not fully restoredi this will Allotment - A1 fixed amount listed int the proposal to cover a specified item or labor. This sets the upper Application Method/Technique - The means in which paint, pressure washing solutions and drywall mud/texture is applied. Each crew! has different means to accomplish the samei finished product and unless stated otherwise int the proposal they willi implement thel best option(s) available tot them. Block Filler - Iti is usedi ini masonry preparation on concrete blocka and cinder block (poured and precast). It is used before topcoats sot that the surface assumes: ai flat, smooth, and uniform profile. Iti is required for professional quality finishes since it seals void, porous, cracked and pin-holed surfaces.  occur.  limit for this task/item before a change order willl be required.  Blocking At tie between wood or metal studs used to strengthen support or create a strong surface to Demolition - The act of removing as stated item or portion of an area to prepare for new construction. Drywall/Gypsum Board - At type of board madet from plaster, wood pulp, or other material, used especially Framing - The structure used to support other items such as drywall. Framing can be done with metal or Finish Coat- - Last coat of paint or other finish intended to be visible and thet final product. Flashing -A occurrence when light reflects against a dried freshly painted surface to create a shimmering IRC: 2021 Building Code- The rules and regulations, coupled with local code, that governs all construction. Load Bearing - A wall or other structure that is supporting part of the overall structure andi is the Minor Drywall Repairs consists of patching nail holes, fillings small dents, and embedding popped nails in limited amounts. Ite excludes tape repairs or replacements, stress cracks properly repaired, and any! holes or areas that require cuts. No texturingi isi included in the definition of minor drywall repairs.  mount items on drywall, i.e. at towel rack. DFC-D Drywall Finish Council version- - (1-19-07) tot form thei interior walls of houses.  wood: studs.  "flashing" effect.  underlying support.  PDCA - Painting Contractors Association version - (5-28-18)  Permit - Authorization from al local governing body to do a: set amount of work, tied to a established code  (IRC).    Prep and Caulk - Minor sanding, dust removal, putty new nail holes int trim and caulking trim as needed to remove gapsi in joints and between thet trim and the wall. This excludes anyi installation caulking such as Prime Coat Or undercoat is a preparatory coating put on materials before painting. Priming ensures better adhesion of paint to the surface, increases paint durability, and provides additional protection for the material being painted. It is not needed on surfaces already painted andi is noti intended to be visible. Some products are primer and paint in one and therefore do not need at true prime coat applied. Restoration- a restoring to an unimpaired ori improved condition, covers painting only unless specifically stated otherwise. Includes andngsrapngcnemia. treatments tot the substrate returning it toi its original Sheen- The degree of luster of a dried paint film. Thei typical four are listed as follows: Flat (flat, matte) No to veryl low reflection when dry. Eg-shell (low-gloss, eggshell, low sheen, satin, velvet) Low to medium reflection when dry. Semi-gloss (semi-gloss, pearl, medium luster) Medium to moderate reflection when Skim Coat - AI method to repair or smooth out an entire wall or area. Allt the drywall in the designated: area will have ai thinl layer or drywall mud spread over it and then lightly sanded. This producesasmooth Spot Priming - The process of applying aj primer to aj particular region of a substrate that need it but not the Stain Block - Used to cover stains such as watermarks, nicotine (actually tar), markers, smoke, and prevent them bleeding through newly applied layers of paint. They also provide adhesion over problematic Touch Up- Paint applied to small areas of aj pre painted surface, to cover small blemishes or new drywall Unforeseen- items hidden during the review of thej job but uncovered: as the work is performed. Water Block A! primer designed to seal barei interior and exterior masonry walls from moisture  around windows and all control joints and anyf fire caulking.  state. Excludes removal of factory finishes on newer items.  dry. Gloss (gloss, high-gloss)- High reflection when dry.  paintable surface. Any wallpaper removal by) J Ross includes thisi int the price.  entire area,  surfaces, giving better film leveling, and durability. work. Iti isi not a corner-to-corner painting of an area.  penetration into the structure. Full Standards Links: Painting Drywall  Water Spotting A paint appearance defect caused by water droplets.  ittps/Ppcapainted.ogwp-content/uplbads/2019/05/PDCA-Standards.May28-2019.pdr  htp/www.dwicorwscontemu/Me/oUD.FIESMehod.o.mpecing-mteorr.WalSuracespdt    Contract Terms and Conditions 1.Prior to our Arrival:  a). Secure all pets to protect your pets and our installers.  b). Plants trim or prune anyt trees, shrubs, bushes that may be overgrown andi interfere with any exterior work clearance. We willt take every precaution to protect lawns and landscaping, however JRoss c). Furniture /Wall Hangings- Please move all furniture tot the center of any rooms where painting will occur.. Additionally remove all items on walls andi remove valuable items from the areas to be painted. Customer agrees that JRoss isr not liable for any pre-existing conditions. Any unforeseen items can be  isnot responsible for any damage to either.  2.F Pre-existing Conditions: repaired for an additional fee. 3. Additional Work:  No other work or materials have been promised or implied. All additional work must be in an approved executed change order. All change orders are 100% payable before work willl begin.  4.. Jurisdiction:  Any suit, action, or proceeding arising out of or relating to this Agreement: shall only be instituted in Sullivan County, State of Tennessee where. JRoss is located. Each party waives any objection whichi it may! have now or hereafter to thel laying of the venue ofs such action or proceeding andi irrevocably submits tot thej jurisdiction of any such court in any suit, action, or proceeding.  5.1 Liquidated Damages:  Ift the Customer cancels this contract after three business days, the deposit is forfeited for Liquidated Damages. Ift the Customer cancels the contract after. JF Ross begins work (partial performance), which includes the ordering of materials, then the customer is responsible for thep percentage of work  completed, all material costs, plus 10% of the contract price.  6. Warranty:  All work performed by) Ross is warrantied: for workmanship for one year from the date of completion.J  Ross has made no other warranties regarding the manufactured products.  7. Entire Agreement:  Customer and JRoss agree to waive any and allr representations regarding this contract that are not mentioned ini it. We also agree that this Contract ist the entire agreement between us and supersedes all conversations, statements, and agreements, expressed or implied between the parties, their agents, or representatives. This contract cannot be changed unless the changes arei in writing and signed by both  parties. 8.L Limit of Liability:    JRoss's liability isl limited to the contract price.  9. Past Due Balance: The Customer agrees to satisfy all obligations under this Agreement when due. If the Customer fails tos satisfy an outstanding balance when due, a service charge of 1% per month shall 10. Photos: The customer understands that by execution of this Agreement. J Ross has permission to take photos of the work performed, (before and after) and to use those photos on social media, advertisements. and other marketing materials as needed. However, at not time will any photos of people, animals or an: address be used or displayed in any manner. Upon requestJR Ross can provide a  be applied tot the balance.  detailed photo release document for execution by! both parties.  11. Attorney Fees and Costs: collection of contract amount.  Upon execution of this contract the customer isl liable for any and all costs including attorney's fees incurred byJ - Ross arising from orr related in any manner to the enforcement of this Contract including 12. Termination by Contractor: The Contractor mayt terminate this Contract if, through no act ort fault of the Contractor or any other persons or entities performing portions of the Work under direct or indirect contract witht the Contractor, there are repeated suspensions, delays, denied access, or interruptions of the entire Work byt the Owner. In addition to any delays this provision applies to unreasonable requests, an environment deemed unsafe or hostile and quality expectations beyond the standards referenced in the contract byt the Owner. Additionally, the Contractor may, ati its option, terminate this Contract upon the failure to make a payment of any amount, whichy will become due immediately following submission of appropriate billing. The Contractor's recovery int the event of such termination shall be limited to payment for all Work to date as well as all purchased materials for thej job. Owner shall pay Contractor the proi rata portion of the Contract Sum applicable to the portion oft the Work theretofore completed and any proven loss sustained by Contractor upon any materials, equipment, tools, construction equipment and machinery, and for reasonable demobilization costs (but in no event shall the total amount exceed the Contract Sum). All materials purchased fort thej job willl become the property of the  Owner upon this final payment.        Town of Richlands, VA Town Council Meeting Staff Summary Action Item  Agenda Title: Staff Contact(s): Jason May Agenda Date: Attachment(s): Reviewed By: SUMMARY:  Mc Gill Engineering Contract November 12, 2024 Susan Whitt  Item Number:  The proposed Master Services Agreement establishes McGill Associates as a professional consulting firm fori the Town of Richlands. This agreement would allow the Town to efficiently engage engineering services through both specific task orders and on-demand services.  Key Components: 1. Service Types:  Task Order Projects (defined scope) On-Demand Services (as-needed basis) Additional Services (beyond original scope)  2. - Professional Services Available:  Engineering Design Project Management Construction Administration Environmental Services Surveying Grant Administration Planning Services  3. Agreement Structure:  Master agreement governs overall relationship Individual task orders for specific projects Hourly rates for on-demand services 12-month rate schedule validity  4. Insurance Requirements:  Auto Liability: $1M per person, $2M per accident General Liability: $1M occurrence, $2M aggregate Professional Liability: $2M per claim Workers Compensation: Statutory requirements  FINANCIAL IMPACT AND FUNDING SOURCE:  1. Cost Structure:    Task Orders: Project-specific pricing On-Demand Services: Hourly rates per fee schedule Expenses: Mileage ($0.70/mile), equipment rentals, direct costs  2. Professional Rate Ranges:  Senior Principal: $300/hour Project Engineers: $155-185/hour Technical Staff: $85-150/hour Construction Services: $105-200/hour Monthly invoicing 30-day payment requirement 1.5% monthly interest on late payments  3. Payment Terms:  RECOMMENDATION:  Staff recommends approval of the Master Services Agreement for the following reasons:  1. Provides flexible access to professional engineering services 2. Streamlines procurement for routine engineering needs 3. Establishes clear terms and conditions for all future work 4. Maintains competitive rates for 12 months 5. Includes comprehensive insurance coverage 6. Allows for task-specific or on-demand services 7. Facilitates rapid response to engineering needs 1. Execute the master agreement  Upon approval, staff will:  2. Establish internal procedures for task order development 3. Set up accounting processes for on-demand services  4. Begin transitioning current engineering needs to new agreement structure    MASTER SERVICES AGREEMENT  This AGREEMENT dated the  of  2024, by and between Town of  Richlands, Virginia, hereinafter referred to as 'OWNER' and McGill Associates, P.A. with offices at 4950 Brambleton Avenue, SW, Suite A, Roanoke, Virginia, hereinafter referred to WHEREAS, the OWNER, through an advertised, qualifications-Dased selection process has selected and desires to retain ENGINEER, a professional consulting firm, to provide services for the accomplishment of certain TASKS and PROJECTS, to be defined by subsequent Task Orders which will reference, and be supplements to, this AGREEMENT, and; WHEREAS the OWNER may require ON-DEMAND professional consulting services from WHEREAS the ENGINEER desires to provide such professional consulting services as may NOW, THEREFORE, in consideration oft the mutual covenants and benefits contained herein,  as ENGINEER.  time toi time that fall outside of an executed task order, and; be agreed to by the parties in accordance with this AGREEMENT, iti is hereby mutually understood and agreed as follows:  1  TYPES OF SERVICES RENDERED  1.1 SERVICES RENDERED FOR PROJECT TASK ORDERS  1.1.1 This Agreement shall apply to as many projects as OWNER and ENGINEER agree will be performed under the terms and conditions of this Agreement. Each project ENGINEER performs for OWNER hereunder shall be designated by a "Task Order". No Task Order shall be binding or enforceable unless and until it has been properly executed by both OWNER and ENGINEER. Each properly executed Task Order shall  become a separate supplemental agreement to this Agreement. to a specific project, the terms of the Task Order shall control.  1.1.2 In resolving potential conflicts between this Agreement and the Task Order pertaining 1.1.3 In performing services pursuant to this Agreement and any Task Order, ENGINEER shall comply with all applicable laws, rules, regulatons,orinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts  having jurisdiction.    1.1.4 A detailed Scope of Services for each Task Order, or for Additional Services, will be developed at the direction of the OWNER and will formally become a part of this Agreement through a Task Order executed by both parties. Each Task Order shall include payment provisions and provisions for time of completion by ENGINEER. Unless expressly stated otherwise in a given Task Order, ENGINEER shall perform the Scope of Services outlined in each Task Order. Additional Services are services not expressly included in the Scope of Services and can be added to the Scope for  additional fees upon the agreement of both parties.  1.2 ON-DEMAND SERVICES  1.2.1 From time to time, on an as-needed basis, for efforts with undefined or varying scope, the OWNER may request On-Demand Services be rendered by the ENGINEER. This AGREEMENT shall apply for On-Demand Services initiated by the OWNER and  rendered by the ENGINEER.  1.2.2 On-Demand Services requested and authorized by the OWNER, that are agreed to and rendered by the ENGINEER, shall be provided on an hourly basis in accordance with the "Basic Rate and Fee Schedule" attached hereto as "Exhibit. A".  1.2.3 Services performed by the ENGINEER to assist the OWNER in developing a task order, including on-site and virtual meetings with the OWNER, shall be billed as ON-  DEMAND services.  2  OWNER'S RESPONSIBILITIES  2.1 Provide full information as to the requirements for the Project.  2.2 Assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous documents and any other data relative to evaluation,  design and construction of the Project.  2.3 Furnish the ENGINEER any existing data and information for property boundary, easement, right-of-way, operating information, previous construction plans, topographic and utility surveys; zoning and deed restriction; all of which the ENGINEER may rely upon in performing his services under this Agreement. 2.4 Guarantee access to and make all provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services under this  Agreement.    2.5 Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by the ENGINEER and render decisions and comments pertaining thereto within a reasonable time sO as not to delay the services  of the ENGINEER.  2.6 Pay for all costs incidental to conducting subsurface or structural investigations or other types of construction materials testing and analysis needed for proper design and construction of the project. The provision of such services including subsurface, geotechnical, special inspections and materials testing, should they be required, shall be paid for by the OWNER and contracted directly between the OWNER and the consultant providing such services. OWNER shall pay all costs associated with  advertising, soliciting bids or proposals from Contractors.  2.7 Provide such legal, accounting andi insurance counseling services as may be required for the Project, and such auditing services as may be required to ascertain how or for what purpose any Contractor has used the monies paid to him under the construction  contract.  2.8 Designate a person to act as OWNER's representative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to materials, equipment, elements and systems pertinent to the  services covered by this Agreement.  2.9 Give prompt notice to the ENGINEER whenever the OWNER observes or otherwise 2.10 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, subject to the obligations of the ENGINEER outlined in  becomes aware of any deficiency in design or defect in the Project.  Section 2.2.3 of this Agreement.  2.11 Furnish or direct the ENGINEER to provide necessary Additional Services as stipulated in Section 3 oft this Agreement or other services as required. 2.12 Bear all costs incident to compliance with the requirements of this Section.  3  GENERAL CONDITIONS  3.1 SCOPE OF SERVICES- ENGINEER shall render professional consulting services to the OWNER as set forth in this AGREEMENT and specific to each of the individual    Task Orders or as may be required by the OWNER from time to time in the provision  of On- Demand Services.  3.2 STANDARD OFCARE-E ENGINEER will perform its services using that degree of skill and diligence normally employed by professional engineers or consultants performing the same services at the time, place and condition these services are rendered. 3.3 AUTHORIZATION TO PROCEED = Execution of this Agreement will be considered authorization for ENGINEER to proceed with any ON-DEMAND Services that may be required and initiated by the OWNER. The execution by the OWNER of each Task Order will be considered authorization to proceed only for the scope of work specific  to that individual Task Order.  3.4 CHANGES! IN SCOPE - The OWNER may request changes in the Scope of Services provided in Task Orders. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an  amendment to the associated Task Order.  3.5 COMPENSATION:  3.5.1 The OWNER shall pay the compensation to ENGINEER for services rendered as set forth in each of the Task Orders initiated by the OWNER. The OWNER shall compensate ENGINEER for ON-DEMAND services initiated by the OWNER and rendered by ENGINEER, on an hourly plus expenses basis in accordance with the ENGINEER's "Basic Rate and Fee Schedule" attached hereto as "Exhibit A". This Standard Fee Schedule shall be valid for a period of twelve (12) months starting upon  the date of the OWNER's execution of this agreement.  3.5.2 Engineer shall submit invoices to the OWNER monthly for work accomplished under this agreement and the OWNER agrees to make full payment to ENGINEER within thirty (30) days of receipt oft the invoices. OWNER further agrees to payi interest on all accounts invoiced and not paid within said thirty (30) days at a rate of 1-1/2 percent per month (18 percent per annum), until paid unless OWNER disagrees in writing to the invoice within said thirty (30) days. It is also mutually agreed that should the OWNER fail to make prompt payments as described herein, ENGINEER reserves the right to immediately stop all work under this agreement until disputed amounts are  resolved.  3.6 PERSONNEL - ENGINEER represents thati ith has, or will secure at their own expense, all personnel required to perform the services under this agreement except those noted as additional services or beyond the scope of this AGREEMENT and that such personnel will be fully qualified and adequately supervised to perform such services.    It_is mutually understood that should the scope of services require outside 3.7 OPINIONS OF PROBABLE CONSTRUCTION COST - Any cost estimates provided by ENGINEER shall be considered opinions of probable costs. These along with project economic evaluations provided by ENGINEER will be on a basis ofe experience and judgment, but, since ENGINEER has no control over market conditions or bidding procedures, ENGINEER cannot warrant that bids, ultimate construction cost, or  subcontracted services, ENGINEER may do sO at their discretion.  project economics will not vary from these opinions.  3.8 TERMINATION This Agreement may be terminated by OWNER upon 15 days written notice for any reason or no reason at all. This Agreement may also be terminated by either party if the other party fails substantially to perform through no fault of the non-defaulting party and does not commence correction of such non- performance within five (5) working days of written notice to do sO and diligently complete the correction thereafter. On termination, ENGINEER will be paid for all authorized work performed up tot the termination date plus reasonable project closeout  costs.  3.9 LIMITATION OF PROFESSIONAL LIABILITY = ENGINEER'S liability (including the liability of ENGINEER'S directors, officers, employees and subcontractors) for OWNER's damages resulting from professional negligence, errors and omissions will, in aggregate, not exceed the total fees paid by the OWNER for the Scope of Services referenced herein or $100,000.00, whichever is greater. This provision takes precedence over any conflicting provision of this Agreement, Task Orders or any documents incorporated into it or referenced by it. At additional cost, OWNER may  obtain a higher limit prior to commencement of services.  3.10 ASSIGNABILITY - This agreement shall not be assigned or otherwise transferred by either ENGINEER or the OWNER without the prior written consent of the other party. 3.11 SEVERABILITY - The provisions of this Agreement shall be deemed severable, and the invalidity or enforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. If any provision of this Agreement is deemed unenforceable for any reason whatsoever, such provision shall be appropriately limited and given effect to the extent that it may be enforceable. 3.12 OWNERSHIP OF DOCUMENTS - The intellectual property contained in documents, calculations, drawings, maps and other items generated during the performance of services by the ENGINEER shall remain the property of ENGINEER. The foregoing notwithnstanding, ENGINEEER grants OWNER a non-revocable license to use the deliverables in any manner its sees fit in connection with the intended Project. Use    beyond the intended Project is prohibited. ENGINEER shall assume no liability for  inappropriate use of the deliverables.  3.13 EXCUSABLE DELAY - If performance of service is affected by causes beyond ENGINEER control, project schedule and compensation shall be equitably adjusted. 3.14 INDEMNIFICATION OWNER and ENGINEER agree to indemnify, defend and hold each other harmless from any and all claims, and costs brought against either party which arises in whole or in part out of the failure by the other party to promptly and completely perform its obligations under this agreement, and as assigned in each of the Task Orders or services rendered as On-Demand. Information supplied by the OWNER shall be deemed reliable by ENGINEER in performing its duties.  3.15 INSURANCE- ENGINEER shall provide and maintain, ati its own expense, during the term of this Agreement the following insurance covering its operations. Evidence of such insurance shall be delivered to the OWNER on or before the commencement of work. OWNER shall be given written notice at least thirty (30) days in advance of any  termination of any insurance coverage.  3.15.1 AUTOMOBILE LIABILITY - Bodily injury and property damage liability insurance covering all owned, non- owned, and hired automobiles for limits for bodily injury of not less than $1,000,000 per person and $2,000,000 per accident, and property damage limits of not less than $1,000,000 per accident. The automobile liability insurance coverage amounts may be satisfied with a combination of primary and  excess/umbrella coverage.  3.15.2 COMMERCIAL GENERAL LIABILITY - Bodily injury and property damage liability shall protect the ENGINEER performing work under this Agreement from claims of bodily injury or property damage which arise from operation of this Agreement, whether such operations are performed by ENGINEER or anyone directly or indirectly working for or on ENGINEER's behalf. The amounts of such insurance shall not be less than $1,000,000 bodily injury each ccurence/32,000,000 aggregate and $1,000,000 property damage each ccurence1sz,000,000 aggregate. This insurance shall include coverage for products/completed operations, personal and advertising injury liability and contractual liability in an amount not less than $1,000,000 each occurrence /$2,000,000 aggregate. Thel liability insurance coverage amounts may be satisfied with a combination of primary and excess/umbrella coverage.  3.15.3 PROFESSIONAL LIABILITY Insuring against professional negligence/ errors and omissions on an occurrence basis with policy limits of $2,000,000 per claim /  $2,000,000 annual aggregate.    3.15.4 WORKER'S COMPENSATION Worker's Compensation insurance meeting the statutory requirements of the State of North Carolina, even if not required by law to maintain such insurance. Said Workers' Compensation insurance shall have at least thei following limits: Employers Liability $500,000 per accident limit, $500,000 disease  per policy limit, $500,000 disease each employee limit.  3.16 CHOICE OF LAW This Agreement shall be governed by the internal laws of the  Commonwealth of Virginia. PAYMENT TO THE ENGINEER 4.1 PAYMENT FOR SERVICES RENDERED  4  4.1.1 TASK ORDERS The OWNER will pay the ENGINEER for services rendered as 4.1.2 ON-DEMAND SERVICES - Due to the limited scope and short duration of need, the OWNER will pay the ENGINEER for services rendered for OWNER authorized On- Demand services an amount based on actual time, materials spent plus expenses incurred by principals, employees and agents of the ENGINEER in accordance with  outlined in each Task Order.  Exhibit' "A" - Basic Rate and Fee Schedule.  4.1.3 ENGINEER will invoice separately for each Task Order and OWNER authorized On- Demand services, should there be any. Each On-Demand services invoice will include an itemization of ENGINEER's staff type, hours expended, and expenses incurred.  4.2 PAYMENT FORADDITIONAL SERVICES  4.2.1 Should the OWNER initiate additional services beyond those included in an individual Task Order, the OWNER agrees to pay the ENGINEER for those. Additional Services rendered an amount based on actual time spent and expenses incurred by principals and employees of the ENGINEER assigned to the Task Order in accordance with Exhibit "A" - Basic Rate and Fee Schedule, should any of these. Additional Services  be requested by the OWNER. ENTIRE AGREEMENT  5  5.1 This Agreement and subsequent Task Orders constitutes the entire agreement between the OWNER and ENGINEER and supersedes all prior written or oral    understandings. This Agreement may only be amended, supplemented or modified by  aduly executed written instrument.  IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of  the day and year heretofore indicated above.  MCGILLASSOCIATES, P.A.  By:  Wes Fleming, PE Roanoke Office Manager  Town of Richlands  By:  Printed Name and Title  ATTEST:  Clerk    Shaping Communities Together  mcgill  BASIC FEE SCHEDULE July 2024 $300 $245 $220 $220 $220 $190 $190 $155 $135 $140 $120 $100 $155 $130 $140 $125 $105 $105 $85 $100 $85  PROFESSIONAL FEES Senior Principal Principal - Regional Manager - Director Practice Area Lead Senior Project Manager Senior Engineer Project Manager Senior Project Engineer Project Engineer Engineering Associate Planner- Consultant-D Designer Engineering Technician CAD Operator - GIS Analyst Construction Services Manager Construction Administrator Financial Services Manager Grant Administrator Construction Field Representative Environmental Specialist Administrative. Assistant Survey Party Chief Survey Field Technician  II $255 $240 $235 $235 $205 $205 $165 $140 $150 $135 $110 $165 $145 $150 $140 $115 $115 $90 $115 $90  III $280 $270 $260 $260 $210 $210 $175 $145 $175 $140 $120 $180 $155 $160 $150 $125 $120 $100 $130 $95  IV $290 $280 $270 $270 $215 $215 $185 $150 $190 $150 $130 $200 $165 $170 $160 $140 $125 $115 $150 $100  EXPENSES  a. Mileage -$0.70/mile 1,000/deployment C. Robotics/GPS Equipment: $30/hr. receipt. ASSOCIATED SERVICES  b. Flow Monitoring Equipment: Pressure Flow Meter- $400/wk.; Gravity Flow Meter - d. Telephone, reproduction, postage, lodging, and other incidentals shall be a direct charge per  a. Associated services required by the project such as soil analysis, materials testing, etc., shall be  at cost plus ten (10) percent.  Revised July 2024        ORDINANCE NO.: 0-2024-12-03 GENERAL PROVISIONS Repeal of Existing Ordinance  BE IT ORDAINED by the Council of the Town of Richlands, Virginia, pursuant to $$2.3(4), 2.4(11), and 3.4(4) oft the Town Charter, Section 30.04 of the Town of Richlands, Virginia Code of Ordinances ("Town Code") and Virginia Code $15.2-1806, that the Council hereby REPEALS Section 30.04 ofthe Town Code regarding the Recreation Commission in its entirety:  $30.04. 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DEFINITIONS: For the purposes of this Agreement, the following terms shall A. "Tax Revenue" refers to the income collected from various taxes including, but not limited to, real estate taxes, personal property taxes, and B. "Boundary Area" or "Gateway Area" identifies the geographical area where the jurisdictions ofl Richlands and Cedar Bluff adjoin and overlap. C. "Businesses" means commercial entities operating within the Boundary D. "Liable Business" refers to any business within the Boundary Area that is E. "Real Estate" shall include both commercial and residential real estate. Commercial real estate refers to properties used for business activities, such as office buildings, retail spaces, and industrial properties. Residential real estate refers to properties used for residential purposes, including single-family homes, multi-family homes, condominiums, and apartments. Real estate taxes shall be collected by both towns on these properties in accordance with the applicable laws and regulations of the  have the meanings ascribed to them below:  cigarette taxes,  Area.  subject to taxation under the terms ofthis Agreement.  Commonwealth of Virginia.  WITNESSETH:  WHEREAS, the parties hereto are Virginia municipal corporations; and,  Page/lofll    WHEREAS, the parties share an adjoining boundary ("Boundary Area") that shares  businesses and tax revenue in and around the area known as the "Gateway area;" and,  WHEREAS, the parties have reached agreement with regard to sharing certain tax revenue based on percentages of the real property situate within the boundary of each respective  town; and,  WHEREAS, the parties desire to reduce their agreement to writing.  NOW, THEREFORE, for and in consideration of the mutual premises herein and for other good and valuable consideration acknowledged between the parties but not otherwise  herein enumerated, the parties do agree and bind themselves as follows:  I.  PURPOSE. The purpose of this Agreement is to memorialize the division of tax collection by and between the parties inclusive of both commercial and residential real estate taxes, cigarette taxes, and any future taxation available to municipal corporations under the statutes oft the Commonwealth of Virginia. This Agreement sets forth the terms and conditions under which the Parties agree to share certain tax revenues based on the percentages of real property situated within the boundary of each respective town and provides a structured approach to the division and collection ofr real estate taxes, personal property taxes, cigarette taxes, and any future taxable matters that may arise, II. TERM: This Agreement is intended to have an indefinite term. The parties hereto acknowledge and recognize that the boundary line between the two municipalities has been established through protracted prior litigation, will not change or be easily changed, and the portions of all real property will remain the same in each town, As such, the basis upon which the anticipated division of tax revenue contemplated herein will not  Page |2 2of11    change. Notwithstanding this understanding and intent, this Agreement shall have a term ofthree (3) years with automatic renewals for additional three (3) year terms, III. TAX MATTERS SUBJECT TO AGREEMENT: The following provision outlines the types of taxes that are subject to this Agreement. This provision ensures that all relevant taxes are considered under the terms of the Agreement, promoting equitable distribution of tax revenues between the Parties. Matters covered under this Agreement  include the following;  A. Real Estate Tax Collection: The parties agree to share the revenue generated from real estate taxes on all properties situated along their shared boundary. B. Cigarette Tax Collection: The parties agree to share the revenue generated from cigarette taxes collected from sales within the shared boundary. C.F Future Taxable Matters: The parties agree that any future taxes imposed by the Commonwealth of Virginia or locally by the respective towns that affect the shared boundary will be subject to the same revenue-sharing principles  outlined: in this agreement,  IV. TAX DIVISION: The parties hereto have previously engaged in protracted litigation regarding the existing boundary between the respective towns and division of Business licensing ("BPOL") and Prepared Meals taxes. These issues were successfully resolved by Court Order dated March 7, 2016 in case number CH05-345 in the Tazewell County Circuit Court, attached herewith as Exhibit "A." This Court Order further incorporated attachments specifying the location of real property situate on the boundary line and the businesses located in these business locations as of that date. While some of the businesses have relocated or closed, it is understood and acknowledged that the  Pagel 13 of11    commercial buildings and parking areas remain unchanged and may currently house alternative business entities at present and in the future. In addition to the attachment herein referenced, the prior Settlement Agreement and subsequent Court Order also included a map representing the boundary line. This line remains static and representative of the geographic location of the commercial buildings. Both the "Business List" and map are attached herewith and incorporated fully herein as Exhibits B/amdrC/demonstating these locations and tax division percentages.  V. TAX COLLECTION PROCESS: The parties do hereby agree that the Town of Richlands shall be the designated collecting governing body for all tax categories addressed in this Agreement, including but not limited to real estate taxes, personal property taxes, cigarette taxes, and any future taxable matters as outlined in Section III. Richlands will be responsible for the administration, collection, and initial processing of  these taxes. The following provisions apply:  A. Upon collection of taxes in any specified category, Richlands shall accurately account for and document all tax revenues collected. Subsequently, Richlands will remit the appropriate amounts to the Town of Cedar Bluff in accordance with the allocation percentages stipulated in Section IV ofthis Agreement. B. These payments shall be made on a quarterly basis. Specifically, payments shall be due and payable no later than forty-five (45) days following the end of each calendar quarter, However, in no event shall any payment be delayed beyond ninety (90) days from the actual date of collection by Richlands,  whichever is the longer period.  Page 14 of11    C.R Richlands will provide detailed reports to Cedar Bluff with each quarterly  payment. These reports shall include:  The total amount of each tax category collected. ii. The calculation oft the amounts allocated to Cedar Bluff. ii. Any adjustments or deductions made prior to the remittance off funds. D. Both parties agree to maintain open communication and cooperation to address any discrepancies or issues that may arise in the tax collection and distribution process. Periodic audits and reviews may be conducted to ensure  compliance with the terms oft this Agreement.  SURVEY OF BOUNDARY AREA BUSINESSES: The parties do agree that an annual of the boundary area shall be performed to identify changes in businesses the respective locations affected by this Agreement. This survey will be  VI.  survey throughout  from both Richlands and Cedar Bluff to ensure  conducted jointly by representatives  and completeness. The survey will include, but is not limited to, the following activities: On-Site Inspections wherein either party may conduct physical inspections of the boundary area to observe any changes; Business Licensing ("BPOL") Review with  accuracy  records and BPOL licenses to ensure all active  examination of business registration  businesses are accounted for. When necessary, interviews with business owners or  to gather information on any changes in business status or operations. The further agree to notify each other of any change in a liable business upon  managers parties  Notifications from either party to the other shall include,  identification of such change.  when feasible, the official registered name of the business; the available details on whether the business is new, has closed, or has relocated, and the date when the change  Page/5of11    occurred or is expected to occur, This notice ensures that proper records are maintained, reflecting the most up-to-date information regarding business activities within the boundary area. This approach will aid both parties in the accurate assessment and allocation of tax revenues between the parties as stipulated in this Agreement. The  primary objectives of an annual survey are as: follows:  A. Identify new businesses that have opened within the boundary area over the  past year.  B. Track and record businesses that have closed or relocated from the boundary C.Verify continued operation oft businesses identified inj previous surveys.  area.  VII. MEDIATION CONDITION PRECEDENT: In the event a dispute arises between the parties related to this Agreement, the parties agree to participate in a nonbinding mediation process as a condition precedent to commencing any legal action. The parties shall engage in good faith mediation, which shall be conducted by a mutually agreed upon mediator within thirty (30) days from the date of a written request for mediation by either party. The mediation shall last for at least four (4). hours, unless the parties agree to as shorter duration. Any settlement reached in the mediation shall not be legally binding until it has been reduced to writing and signed by the parties. If the mediation does not result in a settlement, the parties are free to pursue any legal remedies available to them.  The costs oft the mediation shall be shared equally by the parties.  VIII. REVIEW: The parties agree to conduct a performance review of this Agreement annually, starting one year from the Effective Date, The review will assess the effectiveness of tax collection, revenue sharing, and compliance with the terms of this  Page/6of11    Agreement. Adjustments to the Agreement may be made based on the findings of the  review and must be documented in writing and signed by both parties.  IX. OTHER REVENUE GENERATING TAX MPLEMENTATION: Nothing in this Agreement shall be construed to prevent either party from implementing any revenue- generating tax as permitted to municipalities under the laws of the Commonwealth of Virginia. Each party retains the right to levy, assess, and collect such taxes independently. Ini instances where one party implements a specific tax that the other party does not collect, one hundred percent 100% of the revenue generated from that tax shall remain the property of the collecting entity until such time as the other party initiates an Ordinance for such collection. Once an Ordinance is enacted and notice is provided to the collecting party, the same percentages addressed in this Agreement shall apply. This provision ensures that both parties can exercise their municipal powers to generate revenue as authorized by state. law without interference from the other party.  X. FORCE MAJEUR: Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by an event beyond the reasonable control oft the party, including but not limited to, acts of God, war, riots, fire, natural disasters, and governmental actions, The affected party shall notify the other party in writing of such event and shall use all reasonable efforts to resume performance as  soon as possible. XI. MISCELLANEOUS:  A. Compliance with Laws. At all times during any term hereof, each party will perform its obligations hereunder in accordance with all applicable laws and  regulations.  Page/7of11    B. Notices. Any notice necessary hereunder shall be given by mailing such notice by certified mail addressed to the parties at the address stated above by certified mail, return receipt requested, or at such other address as may hereafter be designated in  writing.  C. Non-Waiver and Survival, It is expressly agreed that should either party not exercise, either in full or in part, any right granted to it by the terms of this Agreement, such failure shall not constitute a waiver of such party's right to  exercise any and all such rights in the future.  D. Course of Dealing. No course of dealing between the parties will operate to amend the terms oft this Agreement unless iti is reduced to writing and executed by  both parties.  E. Assignment. Neither party may assign its rights and obligations hereunder to any  other party except with the prior written consent of other party.  F. Governing Law. The laws of the Commonwealth of Virginia shall govern any dispute hereunder, with venue in the courts of the County of Tazewell, subject to  Section VII, hereinabove.  G. Binding Effect. This Agreement shall be binding upon the parties hereto, their  successors and assigns.  H. Entire Agreement. This Agreement represents the entire agreement between the parties and specifically includes all prior oral discussions and representations that the parties intend to make aj part of their final agreement. This Agreement may not be modified or amended except by subsequent written agreement executed by  the parties.  Page/8of11    - Counterparts and Facsimile Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. Any counterpart may be delivered by any party by transmission of signature pages to the other parties at the addresses set forth herein, and delivery shall be effective and complete upon completion of such transmission; manually signed copies of signature pages shall nonetheless be delivered promptly after any such facsimile delivery. J. No Construction Against Drafter. The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of  this Agreement.  K. Representation. The parties hereto acknowledge and agree that THE RELIANCE LAW GROUP has represented the Town of Cedar Bluff, Virginia, in the  preparation oft this agreement.  L.I Legal Construction. This Agreement shall be construed as to effectuate the intended purpose of the Agreement. In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, this Agreement shall be modified to otherwise effectuate the sale under the original intentions oft the Parties. This may include striking the invalid, illegal, or unenforceable provision as if they had  Page/9of11    never been contained in this Agreement, or modifying the invalid, illegal or unenforceable provisions to make them compliant without modifying the original  purpose oft the Parties.  M. Amendments. This Agreement may be amended by the Parties only by a written  agreement,  N. Attorneys' Fees. Should any litigation be commenced between the parties to this Agreement concerning the rights and duties of either party in relation to this Agreement, the prevailing party in the litigation shall be entitled to (in addition to any other relief that may be granted) a reasonable sum and attorneys' fees in the litigation, which sum shall be determined by the court or other person presiding in the arbitration or litigation ori in a separate action brought for that purpose, O. Headings. The paragraph headings in this Agreement are for convenience only and shall not be considered ini interpreting any provision herein.  REMAINDER OF PAGE: INTENTIONALLY BLANK.  SIGNATURE PAGE FOLLOWS,  Page/10of11    IN WITNESS WHEREOF, the undersigned have executed this document effective as of  the date first above written.  TOWN OF RICHLANDS, VIRGINIA,A VIRGINIA MUNICPAL CORPORATION  JASON MAY,' Town Manager  COMMONWEALTH OF VIRGINIA: COUNTY OF TAZEWELL; to wit:  The foregoing Agreement was acknowledged before me on this the  day of August,  2024, by Jason May, as Town Manager of, for, and on behalf of the Town of Richlands, A Virginia Municipal Corporation, personally known to me or proved to me on the basis of  satisfactory evidence, My Commission Expires:  Notary Public Notary ID: No.:  TOWN OF CEDAR BLUFF, VIRGINIA,A VIRGINIA MUNICIPAL CORPORATION  JOHN A. ABSHER, Town Manager  COMMONWEALTH OF VIRGINIA: COUNTY OF TAZEWELL; to wit:  The foregoing Agreement was acknowledged before me on this the  day of August,  2024, by John A. Absher, as Town Manager of, for, and on behalfofthe Town of Cedar Bluff, A Virginia Municipal Corporation, personally known to me or proved to me on the basis of  satisfactory evidence. My Commission Expires:  Notary Public Notary ID: No.:  Page/11of11    TOWN OF RICHLANDS, VIRGINIA TOWN OF CEDAR BLUFF, VIRGINIA  TAXCOLLECTIONANDDIVSIONAGREEMENTZ0A4 EXHIBITS  EXHIBIT A: Court Order dated March 7, 2016, Tazewell County Circuit Court Case  number CH05-345 EXHIBIT B: Business List  EXHIBIT C: Maps of Boundary Area    VIRGINIA: IN' THE CIRCUIT COURT OF TAZEWILL COUNTY  TOWN OF RICHLANDS  PLAINTIFE  V.  Case No.: CH05000345-00  TOWN OF CEDAR BLUFF  1  .DEFENDANT  FINALORDER  On November 10, 2015, the Towns of Cedar Bluff (herein "Cedar Bluff") and Richlands (herein Richlands"), by their respective counsel, appeared for trial of this matter and presented  arguments and evidencc ore tenus.  IT APPEARING that the parties have agreed upon the establishment ofa boundary line  between the two municipalities; and,  IT APPEARING that the parties have identified and jointly agreed upon thu porceniage interests ofl local business locations whiçh are situated in each respeotive municipality:and,  IT FURTHER APPEARING that tho tax arrearage due and owing from the Town of Richlands to the Town of Cedar Bluff, arising from previously collected taxes has been  calçulated and agreed bctween the parties,  Iti is, therefore, ORDERED. ADJUDGED and DECREED that the Town of Richlands is indebted to the Town of Cedar Bluff in the amount of ONE HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED SIXTY SEVEN DOLLARS and 53/100 ($127,767.53) and that the Town of Cedar Blutf shall have judgment against the Town of Richlands for this amount, plusp post-judgment interest which shall accrue from November 10, 2015, at the statutory  judgment rate until paid.  EHIBIT MA"  Pagollof3    Iti is ORDERED, ADJUDGED and DECREED that the boundary of the two municipalities shall be and hereby is, memorialized for purposes of this Order in the location identified on the attached map which is incorporated fully herein as Exhibit"A."  It is further ORDERED, ADJUDGED and DECREED that the calculations of square footages of the existing bulldings, parking lots, and businesses shall be and hereby are incorporated fully by reference to the attached caloulations prepared by the parties in the attached Exhibit "B." It is further ORDERED that. effective November 10, 2015, tax liability for those businesses situated in the affected area of the boundary herein identified shall be apportioned by  these calculations,  The clain of Cedar Bluff against Richlands regarding real property taxes is voluntarily nonsuited by Cedar Bluff, without objection, and with leave to refile within the time allowed by  law,  TL 1  ENTERED on this the  day ofMarch, 2016,  Judge  PREPARED BY:  Bradley/C. Ratlifc/VSB Counsel for the Town of/Richlinds THE RATLIFF LAWI FIRM 1100 Cedar Valley Drive, Suite 2 Post Offiçe Box 33 Cedar Bluff, Virginia 24609 V: (276)522-1220 F: (276)206-2255  #185)  EKHIBIT "A" Page/2of3    AGREED:  6.Ga James P. Carmody, Esq, VSB59 Counsel for the' Town of Cedar Bluff 116' Veteran's Drive Richlands, Virginia 24641  SLEN:  Signature Waived C.Eric Young, Esq, County Attorney, Tazewell County 108 East Main Street Tazewell, Virginia 24651  EXHEDIT "A" Pagel 13of3    Business List  Partial Cedar Bluff/F Richlands Business License & Meals' Tax CedarBlurPercentage V&V Restaurant H&V Sporting Goods Mother Barth Natural Foods Shear Blessings Hair Salon Army & Navy Store Dollar General Corp, Chel Nails Richlands Pools & Spas Randy's Gateway Drug Gateway Deli Radio Shack Century 21 Express Check. Advance Inkl Inc, Channel Trek, Inc, Comprehensive Computing Global Grèen (Insurance, Exempt) House of Style  54,18% 64,30% 64,35% 65,29% 21,87% 36,26% 5,43% 5,50% 26.29% 26,29% 26,80% 25.52% 25,57% 26,98% 5,42% 55,61% 1.03% 26,39%  EKHBIT "3"    AREA * 20,733 sq  MOTHER 1STORY EARTH NATURAL FOODS FRAME AND BRICK SIGMUH 2905 sq, f,  815 sq, ft.  EXHIBIT  1inoh a 50 ft.  RETAIL SPACE AREA - 1 TAZEWELL COUNTY, VIRGINIA  SCALE:  1"=50'  TOWN OF CEDAR BLUFF AND TOWN OF RICHLANDS  PROJECT: B01213-01  Draper Aden Associates Engneering . Surveying  Enyironmental. Services  DESIGNED N/A DRAWN CHECKED LWK DATE 09-18-13  FIGURE 1  JFF  2206 South! Main Streel Blacksburg, VA24080 540-562-0444 Fax: 540-552-0291  Richmond, VA Charlollesvle, VA Hamplon Roads,VA  EXHTRTT Mi    COMPREHENSIVE COMPUTER 3,852 sq, ft. STAIRS  RANDY'S DRUG AND DEU CHRISTIAN 5,636 sq. ft. 3,148s sq, ft. BOOK STORE  RADIO SHACK  1,900 $q, ft  AREA 39,781 sq: ft.  DOLLAR GENERAL STORE 2 STORY BRICK 22,384 $q, ft.  ZIIA  1inoh a 50 ft.  RETAIL SPACE AREA 2 TAZEWELL COUNTY, VIRGINIA  SCALE:  1"=50'  TOWN OF CEDAR BLUFF AND TOWN OF RICHLANDS  PROJECT: B01213-01  Draper Aden Associates Engineering . Surveylng Bnyironmenlal, Services  DESIGNED N/A DRAWN CHECKED LWK DATE 09-18-13  FIGURE 2  JFF  2206 South Maln Street Blacksburg, VA24060 540-552-0444 Fax: 640-552-0291  Alchmond, VA Charlottesville, VA Hamplon Roads,' VA  EKHIBIT "C"    TIIIIL  77  -  RANDY'S DRUG AND DEUI CHRISTIAN 5,636 $q. ft. 3,148 $q, ft. BOOK 1,900 STORE 9q. ft.  RADIO SHACK  16,804 sq,  BB & TBANK 1STORY BRICK 4,821 sq, ft.  -  ROUTE 460 BUSSINESS  1inoh = 50 ft.  SCALE:  1"-50"  RETAIL SPACE AREA 3 TAZEWELL COUNTY, VIRGINIA  TOWN OF CEDAR BLUFF AND TOWN OF RICHLANDS PROJECT: B01213-01  N/A JFF  FIGURE 3  DESIGNED DRAWN CHECKED LWK DATE 09-18-13  Draper Aden Associates Enghneerlng : Surveylng . Enwirommenta/Servler Rlchmond,VA  2206 South Maln Street Blaoksburg, VA24060 540-552-0444 Fax:540-562-0291  Charlollesvile,VA Hamptonf Roads,VA  EXHIIT "C"    AREA 4 7244 sq, ft  I MOTHER 1STORY EARTH NATURAL FOODS FRAME AND BRICK SIGMUH 2905 sq, ft.  815 8q. ft.,   1inch = 60 ft.  100  RETAIL SPACE AREA4 TAZEWELL COUNTY, VIRGINIA  SCALE:  1"=50'  TOWN OF CEDAR BLUFF AND TOWN OF RICHLANDS  PROJECT: B01213-01  Draper Aden Associates Engineering . Surveying . Environmental. Services  DESIGNED N/A DRAWN CHECKED LWK DATE 09-18-13  FIGURE 4  JFF  2206 South Maln Street Blaoksburg, VA2 24050 540-552-0444 Fax: 540-552-0291  Richmond, VA Charlollesvil, VA Hamplon Ronds, VA  EXItIBTT "C    Q002/004  10/02/2015 FRI 11:37 PAX 216 964 6551 James P Caxmody "BAUG, 9.201.8 B:24AM7  DRAPER ADEN ASSOC.  N0.641 P.2  w  LOT 35 LOT 34 DT 33 54 LOT 32 31, LOT.,30 29 260 RR SPIKE ASPIKE LE3-290  9 (eE  a  B  HISTAK  7.85  TPAE ), SIA ARLE/GAF UNESD  BLUFF LINE AMR-101 AKLE-FND  EYIRIT "C"        RESCI RECREATION AGRICULTURE AAA DAs INDUSTRY MINING CHL AND RESCUE DIVISION  TY  Richlands Fire-Rescue 18001 Third St./ /200V Washington Sq. Richlands Va. 24641  Rescue Division Station #2 Statlon #2 Ph.#276-320-6065 Fax# 276-963-3569  From The Desk Of  EMS Director- Rescue Captain Matt Whited Monthly Councl! Report For: Rescue Divislon Month: Oct. 2024 EMS Calls Total: 247 Year to Date EMS Calls Total: 2,402  Oct. 1-31,2024 Group Cancelled Cancelled Enroute No Patient Contact (Canceled on Scene) No Patient Found No Treatment Required Patient Refused Care Standby Treated, Refused transport Treated, Transported by EMS Treated, Transported by Law Enforcement  Count Pct 3 1.2 3 1.2 2 0.8 19 7.7 5 2.0 0.4 0.4 58 23.5 2 0.8 1 0.4 151 61.1 1 0.4 247  Patient Dead at Scene-No Resuscitation Attempted (With Transport) 1 Patient Dead at scene-Resusctation Attempted (Without Transport) 1  Total:  Rescue Division Updates /I News /Info. We did get our Community Foundation of Two Virginia's Grant -L Lucas CPR Compression Device has been ordered hope to get that delivered andi in-service next few weeks. We hope to schedule another Free CPR/AED class fort the community soon hopefully before  Christmas Holidays this will be posted on our Facebook page.