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04-18-2017 Business MeetingApril 18, 2017 Business Meeting Pittsylvania County Board of Supervisors Business Meeting April 18, 2017 VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was held on Monday, April 18, 2017 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Chair Robert W. “Bob” Warren, called the meeting to order at 7:00 p.m. The following members were present: Tim R. Barber Tunstall District Joe B. Davis Dan River District Ronald S. Scearce Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Elton W. Blackstock, Jr. Staunton River District Robert W. Warren Chatham-Blairs District Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt, County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Development; Mr. Odie H. Shelton, Jr., Director of Code Compliance, Mr. Matt Rowe, Director of Economic Development, Ms. Kim Van Der Hyde, Director of Finance, Mark Moore, Director of Parks & Recreation, and Rebecca Flippen, Deputy Clerk were also present. After a Moment of Silence, Mr. Warren led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the agenda with the following additions: (a) Appointment of the Leesville Lake Association representative to the Tri-County Lake Advisory Commission (TLAC) (b) Approval to advertise for Request For Proposals (RFP) for the Pittsylvania County Animal Shelter Lease and Operations Contract (c) Closed Session: Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Discussion of Performance of County Administrator Mr. Blackstock’s motion was unanimously approved by the Board. Hearing of the Citizens Nathan Hammock of the Callands/Gretna District invited everyone to the 1st Southside Dairy Association’s Spring Show at the Olde Dominion Agricultural Complex t o be held April 21-22, 2017. The show, said Mr. Hammock, will consist of youth from southern Virginia competing with dairy cows and heifers in showmanship and market classes, and is free to the public. No one else signed up to speak. Board of Supervisors Business Meeting April 18, 2017 Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Scearce, to approve the Consent Agenda, which was unanimously approved by the Board. 2. (a) Minutes: March 6, 2017: BOS Special Meeting March 20, 2017: BOS Special Meeting March 21, 2017: BOS Business Meeting (b) Bill List – March 2017 (Online) (c) Resolution – VDOT Work Zone Awareness Week (ratify) (d) Proclamation – National Community Action Month – May 2017 (e) Proclamation – Teacher Appreciation Week – May 8-12, 2017 (f) Proclamation – Law Day – May 1, 2017 (g) Proclamation – Police Officers Week / Peace Officers Memorial Day (h) Proclamation – National Travel & Tourism Week – May 7-13, 2017 Pittsylvania County Board of Supervisors RESOLUTION 2017-03-01 A resolution, requested from the Virginia Department of Transportation, that the Board of Supervisors of Pittsylvania County declare April 3-7, 2017 as Work Zone Awareness Week throughout Pittsylvania County in support of the Virginia Department of Transportation (VDOT), its contractors and other roadside workers. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA COUNTY, VIRGINIA: WHEREAS, April 3-7, 2017 is National Work Zone Awareness Week; and WHEREAS, Work Zone Awareness Week began in 1997 in the Commonwealth of Virginia; and WHEREAS, National Work Zone Awareness Week was established in 1999, with a national kick-off event at Springfield, Virginia; and WHEREAS, the Virginia Department of Transportation, its contractors and other roadside workers put their lives on the line for the citizens of the Commonwealth of Virginia each and every time they work on our roadways; and WHEREAS, the VDOT Workers Memorial on Afton Mountain bears the names of 134 VDOT employees who gave their lives in service to Virginians; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA: That the Board of Supervisors hereby expresses its appreciation for the work undertaken by the Virginia Department of Transportation, its contractors and other roadside workers by declaring April 3-7, 2017 Work Zone Awareness Week in Pittsylvania County. Mr. Barksdale read the following proclamation that the Board presented to Ms. Everlena Ross, Executive Director for the Pittsylvania County Community Action. Board of Supervisors Business Meeting April 18, 2017 Pittsylvania County Board of Supervisors Proclamation Community Action Month May 2017 WHEREAS, Community Action emerged from the heart of President Lyndon B. Johnson’s 1964 proclamation of America’s “War on Poverty” where battles must be won in t he field, in every private home, in every public office, from the courthouse to the White House; and WHEREAS, Community Action has put a human face on poverty for 53 years by advocating for limited-income citizens without a voice, so that they may enter the middle class and reach for the American dream, replacing their despair with opportunity; and WHEREAS, Community Action enhances millions of American lives by providing essential, life-changing services and opportunities such as affordable housing, economic development, health care, energy assistance, and natural disaster relief; and WHEREAS, Virginia Community Action agencies leverage more than $12 for each dollar of Community Services Block Grant funding to provide programs and services to about 170,000 low-income individuals; and WHEREAS, Community Actions revitalizes communities and moves individuals towards self-sufficiency; and WHEREAS, Virginia Community Action Agencies will continue to implement innovative and cost-effective programs to improve the lives and living conditions of impoverished Virginians; provide support and opportunities for all citizens in need of assistance; and serve as voices of reason in establishing system reforms; then NOW, THEREFORE, the Pittsylvania County Board of Supervisors do hereby recognize May 2017 as Community Action Month in Pittsylvania County, and call this observance to all citizens of Pittsylvania County; BE IT FURTHER PROCLAIMED that the Pittsylvania County Board of Supervisors authorizes the County Administrator to forward a copy of this proclamation to the local media. Mr. Scearce read the following proclamation that was presented by the Board to Dr. Mark Jones, Superintendent for the Pittsylvania County Public Schools. Pittsylvania County Board of Supervisors Proclamation Teacher Appreciation Week May 8-12, 2017 VIRGINIA: At the business meeting of the Pittsylvania County Board of Supervisors held on Tuesday, April 18, 2017, the following proclamation was adopted celebrating Teacher Appreciation Week May 8-12, 2017 and Teacher Appreciation Day May 9, 2017. Board of Supervisors Business Meeting April 18, 2017 WHEREAS, teachers mold in a positive direction the future citizens and future leaders of our country through guidance and education; and WHEREAS, teachers encounter students of widely differing backgrounds and we entrust our children with the teachers and they affect the lives of our children on a daily basis; and WHEREAS, our country’s future depends upon providing quality education to all students; and WHEREAS, teachers spend countless hours preparing lessons, evaluating progress, counseling and coaching students and performing community service; and WHEREAS, the Board of Supervisors recognizes and supports its teachers in educating the children of Pittsylvania County; then NOW, THEREFORE, BE IT RESOLVED that the Pittsylvania County Board of Supervisors proclaims May 8-12, 2017 to be Teacher Appreciation Week and observes Tuesday, May 9, 2017 as Teacher Appreciation Day; and BE IT FURTHER RESOLVED that the Pittsylvania County Board of Supervisors strongly encourages all citizens of Pittsylvania County to join in with personally expressing appreciation to our teachers for their dedication and devotion to their work. Pittsylvania County Board of Supervisors Proclamation Law Day May 1, 2017 “The 14th Amendment: Transforming American Democracy” WHEREAS Law Day is an occasion of public acknowledgement of our Nation’s and the County of Pittsylvania’s heritage of justice, liberty, and equality under the law; and WHEREAS the United States Congress has statutorily designated May 1 as the annual day for commemoration of Law Day; and WHEREAS the American Bar Association is designated the 2017 Law Day theme to be “The Fourteenth Amendment: Transforming American Democracy” in recognition of the numerous contributions to American law and society of one of the most often cited constitutional enactments; and WHEREAS the Fourteenth Amendment in the nearly century and a half that has elapsed since its ratification has greatly expanded the constitutional protections available to all through its clauses guaranteeing due process and equal protection; and WHEREAS the Fourteenth Amendment has served as the vehicle by which many of the protections in the Bill of Rights have been found to be enforceable against state and local government actions that infringe upon fundamental liberties; and Board of Supervisors Business Meeting April 18, 2017 WHEREAS the Fourteenth Amendment constitutionally defined national citizenship for the first time and guaranteed that the privileges or immunities of United States citizenship would not be denied to any individual citizen; and WHEREAS the Fourteenth Amendment has served as the basis of and inspiration for landmark civil rights legislation and court decisions protecting and advancing the rights of Americans; and WHEREAS promoting public understanding of the roots of our freedom are an important component in the civic education of the citizens of the United States and of County of Pittsylvania, Virginia; and NOW THEREFORE, WE, The Board of Supervisors, declare May 1, 2017, to be Law Day in the County of Pittsylvania, Virginia this 18thday of April in the year 2017. Mr. Blackstock read the following proclamation that was presented by the Board to the Honorable Michael W. Taylor, Sheriff for Pittsylvania County. Pittsylvania County Board of Supervisors Proclamation NATIONAL POLICE WEEK May 14-20, 2017 TO RECOGNIZE NATIONAL POLICE WEEK 2017, AND MAY 15TH AS PEACE OFFICERS MEMORIAL DAY, BY HONORING THE SERVICE AND SACRIFICE OF THOSE LAW ENFORCEMENT OFFICERS KILLED IN THE LINE OF DUTY WHILE PROTECTING OUR COMMUNITIES AND SAFEGUARDING OUR DEMOCRACY. WHEREAS, The Congress and the President of the United States has declared law enforcement officer safety and wellness a top priority, and the International Association of Chiefs of Police’s Center for Officer Safety and Wellness promotes the importance of individual, agency, family, and community safety and wellness awareness; and WHEREAS, the members of the Pittsylvania County Sheriff’s Department play an essential role in safeguarding the rights and freedom of the citizens of Pittsylvania County; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their sheriff’s department, and that members of our sheriff’s department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Sheriff’s Department of Pittsylvania County has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; then NOW, THEREFORE, the Board of Supervisors calls upon all citizens of Pittsylvania County, Virginia, and upon all patriotic, civil and educational organizations to observe the week of May 14-20, 2017 as Police Week with appropriate recognition and thanks for our Board of Supervisors Business Meeting April 18, 2017 police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security for all citizens; and THE BOARD OF SUPERVISORS FURTHER calls upon all citizens of Pittsylvania County, Virginia, to observe May 15, 2017 as Peace Officers Memorial Day to honor those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. Mr. Davis read the following proclamation that was presented by the Board to Ms. Laurie Moran, Executive Director for the Danville-Pittsylvania County Chamber of Commerce. Pittsylvania County Board of Supervisors Proclamation National Travel & Tourism Week May 7 – 13, 2017 Whereas travel has a positive effect on Virginia and the nation’s economic prosperity and image abroad, it also impacts business productivity and to individual travelers’ well-being. Whereas travel to and within the United States provides significant economic benefits for the nation, generating more than $2.1 trillion in economic output in 2015, with $947.1 billion spent directly by travelers. Whereas travel is among the largest private-sector employers in the United States, supporting 15.1 million jobs in 2015, including 8.1 million directly in the travel industry and 6.9 million in other industries. Whereas travelers’ spending directly generated tax revenues of $147.9 billion for federal, state and local governments, funds used to support essential services and programs. Whereas tourism continues to have a positive impact on Pittsylvania County, with over $71 million in travel related expenditures, 642 people employed in local tourism positions, over $2 million in local tax receipts, and $13.3 million in local payroll in 2015. Whereas international travel to the United States is the nation’s No. 1 services export. In 2015, travel generated $216.9 billion in exports, creating a $60.9 billion trade surplus for the United States. Whereas meetings, events and incentive travel are core business functions that help companies strengthen business performance, educate employees and customers and reward business accomplishments—which in turn boosts the U.S. economy. In 2015, domestic and international business travelers spent $296.3 billion. Whereas leisure travel, which accounts for more than three-quarters of all trips taken in the United States, spurs countless benefits to travelers’ health and wellness, creativity, cultural awareness, education, happiness, productivity and relationships. Board of Supervisors Business Meeting April 18, 2017 Whereas travel is a pillar of economic growth, creating jobs at a faster rate than other sectors. Now, therefore, the Board of Supervisors does hereby proclaim May 7-13, 2017 as National Travel and Tourism Week in Pittsylvania County, Virginia, and urge the citizens of Pittsylvania County, Virginia, to join me in this special observance with appropriate events and commemorations. Public Hearings Rezoning Cases Case 1: Hammock Farms, LLC– Callands/Gretna Election District R-17-010 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Warren opened the hearing at 7:37pm. Mr. Shelton explained that Hammock Farms, LLC, had petitioned to rezone 2.00acres, located on State Road 626/Museville Road in the Callands - Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Nathan Hammock was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:39pm. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock to approve rezoning Case R-17-010 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock- Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Hagerman’s motion to rezone Case R-17-010 from R-1 to A-1 was unanimously approved by the Board. Case 2: Patricia May Pritchett Cooper – Callands/Gretna Election District R-17-011 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Warren opened the public hearing at 7:40 pm. Mr. Shelton explained that Patricia Cooper had petitioned to rezone 0.545 acre, located on State Road 739/Cooper Road in the Callands - Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Patricia Cooper was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:42pm. Motion was made by Mr. Davis, seconded by Mr. Barber, to approve rezoning Case R-17-011 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Barber- Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale- Yes; and Mr. Warren-Yes. Mr. Hagerman’s motion to rezone Case R-17-011 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District was unanimously approved by the Board. Case 3: Par 5 Development Group, LLC – Westover Election District R-17-012 R-1, Residential Suburban Subdivision District to B-1, Business District, Limited Mr. Warren opened the public hearing at 7:43pm. Mr. Shelton explained that Par 5 Development Group, LLC, had petitioned to rezone 2.47 acres, located on State Road 750/Mount Cross Road and on State Road 1530/Mount Olivet Lane in the Westover Election District from R-1, Residential Suburban Subdivision District to B-1, Business District, Limited. Once the property is rezoned to B-1, all uses listed under Section 35-346 are a permitted use. The Planning Commission, with opposition, recommended denying the petitioner’s request. Zac Ivey with Par 5 Development Group, LLC, Attorney Kerry Hutherson and Michael Lynch, Project Manager with Engineering Concepts, Inc., were there to represent the petition. Betty Tuck, a resident of Board of Supervisors Business Meeting April 18, 2017 the area, stated she had collected 163 signatures of residents of the area opposing rezoning the property, feeling the proposed store Par 5 planned to build there would bring in additional traffic to a traffic burdened area. Ms. Tuck stated there are constantly traffic accidents in that area and the residents living there didn’t need it increased by the addition of another Dollar General Store, when there were several of those types of stores close by already. Debra Lummeous, also a resident of the area, agreed with the previous comments and was opposed to the rezoning. Mr. Lynch stated that based on information he had inquired via VDOT, that speeding and such were the primary factors in the traffic accidents recorded for that area in the most recent years and not traffic congestion. No one else signed up to speak and Mr. Warren closed the hearing at 7:59pm. Motion was made by Mr. Scearce, seconded by Mr. Blackstock, to deny rezoning Case R-17-012 from R-1, Residential Suburban Subdivision District to B-1, Business District, Limited. Mr. Scearce stated that he personally already tried to avoid traveling that section of Mount Cross Road if at all possible due to the traffic and the amount of traffic incidents that had occurred in that area over the recent years, and he did not feel adding another business to that area, which by default would increase the traffic, was be in the best safety interest of his constituents. During discussion, it was stated that that VDOT had stated a turning lane could be developed for Par 5’s proposed business, but the cost for installing the turning lane would also be Par 5’s financial responsibility. A Substitute Motion was made by Mr. Barber, seconded by Mr. Barksdale, to allow Par 5 to withdraw their rezoning application with no penalty and following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-No; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Barber’s Substitute Motion to allow Par 5, LLC to withdraw their rezoning application with no penalty was approved by a majority vote of 6-1, with Mr. Scearce opposing. Case 4: James P. Lewis, Jr. & Sheila H. Lewis – Westover Election District R-17-013 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Warren opened the public hearing at 8:09pm. Mr. Shelton explained that James P. Lewis, Jr., and Sheila H. Lewis had petitioned to rezone 11.49 acres, located on State Road 874/Loomfixer Lake Road and on State Road 875/Horseshoe Road in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners’ reques t. Sheila Lewis was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 8:11pm. Motion was made by Mr. Scearce, seconded by Mr. Davis, to approve rezoning Case R-17-013 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Scearce’s motion to rezone Case R-17-013 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District was unanimously approved by the Board. Case 5: Marvin Craig Hylton & Amy Terry Hylton – Westover Election District: R-17-014 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Warren opened the public hearing at 8:12pm. Mr. Shelton explained that Marvin Craig Hylton and Amy Terry Hylton had petitioned to rezone a total of 11.32 acres, two (2) parcels of land, located on State Road 875/Horseshoe Road in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the properties are rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners’ request. Craig Hylton was there to represent the petition. Board of Supervisors Business Meeting April 18, 2017 No one signed up to speak and Mr. Warren closed the hearing at 8:14pm. Motion was made by Mr. Scearce, seconded by Mr. Barber, to approve rezoning Case R-17-014 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Scearce’s motion to rezone Case R- 17-014 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District was unanimously approved by the Board. Case 6: Paul Anthony McNeal & Others – Staunton River Election District R-17-015 B-2, Business District, General to A-1, Agricultural District Mr. Warren opened the public hearing at 8:15pm. Mr. Shelton explained that Paul Anthony McNeil and Others had petitioned to rezone 0.47 acre from B-2, Business District, General to A- 1, Agricultural District. The parcel is located off State Road 754/Gallows Road in the Staunton River Election District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners’ request. Paul Anthony McNeil and Phil Lotspeich with James C. May & Associates were there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 8:16pm. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve rezoning Case R-17-015 from B-2, Business District, General to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion to rezone Case R-17-015 from B-2, Business District, General to A-1, Agricultural District was unanimously approved by the Board. This concluded the Rezoning Cases Public Hearing Public Hearing to receive citizen input on Solar Energy Facilities Regulation: Amend PCC Chapter 35, Article I, Division 3 (Definitions) to add new Solar Energy Facility Definitions; and, amend PCC Chapter 35, Article II, Division 4 (Supplementary Regulations) to add PCC §§ 35-141(A) – (F) providing new Solar Energy Facilities Regulation. Mr. Sides explained the Legislative Committee of the Pittsylvania County Board of Supervisors previously requested that staff prepare and submit a document to regulate the review and permitting of solar energy facilities in the County. A draft document was presented at the July 19, 2016 meeting of the Legislative Committee that proposed a section regulating solar energy be added to the Pittsylvania County Zoning Ordinance, under the Supplementary Regulation section. The draft document included all the allowable regulatory design and permitting criteria authorized to local governments by the Code of Virginia. The procedure for zoning ordinance amendments is that the governing body refers the proposed amendment to the Planning Commission for its recommendations. Included in this process is a Public Hearing by the Planning Commission, followed by its recommendation to the governing body. The governing body would then hold at least one public hearing before approving and adopting the zoning ordinance amendment. At their August 1, 2016 meeting, The Board referred the proposed amendment to the Planning Commission for review and recommendation. The Pittsylvania County Planning Commission reviewed the proposed amendments relating to solar energy facilities over the course of several meetings and work sessions. Additional revisions were agreed to and a Public Hearing was properly advertised and held on November 1, 2016. Following the Public Hearing, the Planning Commission voted by a 6 to 0 vote (2 members were absent) to recommend that the Board of Supervisors approve the proposed amendments to Board of Supervisors Business Meeting April 18, 2017 Chapter 35 of the Zoning Ordinance. Upon receipt of that report from the Planning Commission, the Board of Supervisors voted to refer the proposed ordinance to the Legislative Committee for review and recommendation. The Legislative Committee met on February 22, 2017 to review the recommended amended ordinance from the Planning Commission. There was discussion concerning the solar project setback requirements. The Legislative Committee supported revised language that would treat solar projects the same as any other development in terms of zoning setbacks . Mr. Warren opened the public hearing at 8:18pm. No one signed up to speak and Mr. Warren closed the public hearing at 8:19pm. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the proposed amendments to the Pittsylvania County Zoning Ordinance, as advertised and presented, that would regulate solar energy facilities in Pittsylvania County. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Public Hearing to receive citizen input on Merchants’ Capital/General Levy: Amend PCC § 6- 1.1 to add Merchants’ Capital to the County’s list of general levies. Mr. Hunt explained on February 22, 2017, the Legislative Committee recommended the revision to Pittsylvania County Code (“PCC”) § 6-1.1 to add Merchants’ Capital to the County’s list of general levies. This was a levy that has been applied for many decades via State Code authorization. At the March 21, 2017, BOS meeting, the BOS voted to authorize the public hearing required to potentially formally adopt said PCC revisions. Mr. Warren opened the Public Hearing 8:20pm. No one signed up to speak and Mr. Warren closed the public hearing at 8:21pm. Motion was made by Mr. Scearce, seconded by Mr. Davis, for the adoption of the Pittsylvania County Code (“PCC”) § 6-1.1 revision to add Merchants’ Capital to the County’s list of general levies and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Scearce’s motion was unanimously approved by the Board. Public Hearing to receive citizen input on Building Official/Dangerous Structures Change Amend PCC § 4-30(b) to make Building Official, and not Director of Code Compliance, responsible for removal, repair, or securing of dangerous structures under PCC, Chapter 4, Article III; change necessary after recent Organizational Chart revision by County Administrator. Mr. Hunt explained on February 22, 2017, the Legislative Committee recommended the attached revision to Pittsylvania County Code (“PCC”) to § 4-30(b) to make Building Official, and not Director of Code Compliance, responsible for removal, repair, or securing of dangerous structures under PCC, Chapter 4, Article III; change necessary after recent Organizational Chart revision by County Administrator. At the March 21, 2017, BOS meeting, the BOS voted to authorize the public hearing required to potentially formally adopt said PCC revision. Mr. Warren opened the public hearing at 8:22pm; no one signed up to speak and Mr. Warren closed the public hearing at 8:22pm. Motion was made by Mr. Scearce, seconded by Mr. Davis, for the adoption of the Pittsylvania County Code (“PCC”) to § 4-30(b) revision to make Building Official, and not Director of Code Compliance, responsible for removal, repair, or securing of dangerous structures under PCC, Chapter 4, Article III and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Scearce’s motion was unanimously approved by the Board. Board of Supervisors Business Meeting April 18, 2017 Public Hearing to receive citizen input on VA COIA Disclosure Filings: Amend PCC Chapter 43 to reflect recent changes in VA COIA disclosure/filing requirements. PITTSYLVANIA COUNTY CODE CHAPTER 43 DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND EMPLOYEES § 43-1. Purpose. § 43-2. When and by Whom Required. § 43-3. Additional Disclosure. Sec. 43-1. PURPOSE. To enhance citizen confidence in local government, the disclosure statement of personal interests of certain county officers and employees is required in accordance with the Virginia State and Local Government Conflict of Interests Act (the “Act’). This Chapter does not apply to County Constitutional Officers or the School Board. Said entities are responsible for their own disclosure filings under the Act. SEC. 43-2. WHEN AND BY WHOM REQUIRED. At the time(s) prescribed by the Act, the following individuals shall be required to file the following form(s): A. Disclosure of Real Estate Holdings (Virginia Code § 2.2-3115(G)): 1. Planning Commission Members; 2. Board of Zoning Appeals Members; 3. Board of Assessors Members; 4. Real Estate Assessor(s); and 5. County Administrator. B. Statement of Economic Interests (Virginia Code § 2.2-3115): 1. Board of Supervisor Members. C. Financial Disclosure Statement (Virginia Code § 2.2-3115): 1. Industrial Development Authority Members; 2. Service Authority Members; 3. CPMT Members; 4. FAPT Members; and 5. Library Board Members. SEC. 43-3. ADDITIONAL DISCLOSURE. The following County officers and employees shall file a disclosure statement of their personal interests and other information as is specified/required in and by the applicable sections of the Board of Supervisors Business Meeting April 18, 2017 Virginia State and Local Government Conflict of Interest Act and other applicable statutes on the form(s) required/provided therein by the date/dates also specified therein: 1. Members of the Board of Supervisors; 2. Members of the School Board; 3. Members of the Planning Commission; 4. Members of the Board of Zoning Appeals; 5. Members of the Industrial Development Authority; 6. Members of the Service Authority; 7. Members of the Board of Equalization; 8. Members of the Board of Assessors; 9. Members of the Board of Building Code Appeals; 10. Real Estate Assessors; 11. Treasurer; 12. Commonwealth’s Attorney; 13. Sheriff; 14. Commissioner of the Revenue; 15. Clerk of Court; 16. County Administrator; 17. Assistant County Administrators; 18. County Attorney; 19. All County Department Heads; 20. Director of Service Authority; and 21. Assistant Director of Service Authority. SEC. 43-3. ADDITIONAL DISCLOSURE Nothing contained in this article shall be deemed to relieve any person subject to the Virginia State and Local Government Conflict of Interests Act from any requirement of disclosure of his or her personal interest in a transaction of specific application, not otherwise identified in the forms required hereby, or from the additional disclosures required by Virginia Code § Section 2.2-3115 of the Code of Virginia, 1950, as amended. Nothing contained herein also prevents the Pittsylvania County Board of Supervisors from requiring additional discretionary entities or individuals from making VA COIA disclosures via Resolution. Mr. Warren opened the public hearing at 8:24pm; no one signed up to speak and Mr. Warren closed the public hearing at 8:24pm. Motion was made by Mr. Davis, seconded by Mr. Barksdale, to approve the amendments as presented by Mr. Hunt and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Davis’ motion was unanimously approved by the Board. Public Hearing to receive citizen input on Animal Fencing: Amend PCC § 2 -3 to increase the type of animals that are required to be fenced in the County to include all animals listed in the “Livestock” definition in Virginia Code § 3.2-5900; and, amend PCC Chapter 2 to include a penalty for violating said revised section. Mr. Hunt explained on February 22, 2017, the Legislative Committee recommended the attached revisions to Pittsylvania County Code (“PCC”) § 2-3, increasing the types of animals required to be fencing in Pittsylvania County, Virginia, and at their March 21, 2017, BOS Board of Supervisors Business Meeting April 18, 2017 meeting, the BOS voted to authorize the public hearing required to potentially fo rmally adopt said PCC revisions as follows: SEC. 2-3. FENCING OF ANIMALS; PENALTY. (a) In Pittsylvania County, the boundary line of each lot or tract of land is declared to be a lawful fence as to any livestock as defined by § 3.2-5900, Code of Virginia, 1950, as amended, and it shall be unlawful for the owner, person in control, or manager of any said livestock to permit the same to run at large beyond the limits of his own lands. (b) A violation of this Section shall constitute a Class 4 misdemeanor. Mr. Warren opened the public hearing at 8:27pm; no one signed up to speak and Mr. Warren closed the public hearing at 8:27pm. Motion was made by Mr. Scearce, seconded by Mr. Davis, to approve the amendment as advertised and presented, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Scearce’s motion was unanimously approved by the Board. This concluded the public hearing. Presentations Laurie Moran, Executive Director for the Danville-Pittsylvania County Chamber of Commerce, and Brenda Bowman, a member of the Chamber’s Tourism Committee, updated the Board the committee’s efforts since its formation. Ms. Moran stated they had received a $25,000 grant from Virginia Tourism to establish/promote the website. Ms. Moran also presented the Board with their first published Visit Danville &Pittsylvania County tourism brochures that include several major events during the calendar year to inform any and all of interesting things to entice visitors to our locality. Dr. Larry Aaron, President of the Pittsylvania County Historical Society, informed the Board of the following events taking place in celebration of the County’s 250th anniversary: May 1, 2017, deadline to submit your design for banners to be hung on the Chatham Town lamp posts; sponsored by Chatham First; May 6, 2017, Reid Street Gallery, Finding Your Roots program; June 17, 2017, Town of Chatham, County Birthday Party, Family Day and Street Dancing that night July 15, 2017, Yates Tavern, program sponsored by the Daughters of the American Revolution August 21, 2017, Olde Dominion Agricultural Complex, program on Pittsylvania County’s Tobacco History October 7, 2017, Callands, Annual Callands Festival Dr. Aaron stated advertisements would be made as more event plans were completed. Unfinished Business At the Board’s March 21, 2017 meeting, a motion was made by Mr. Barber and seconded by Mr. Blackstock, for the reappropriation of $240,524.79 as follows: $8.53 to BOS-Travel (100-4-011010-5500), $52.17 to Fleet-Travel (100-4-012520-6008), $19.62 to Electoral Bd- Office Supplies (100-4-013100-6001), $100.00 to Clerk of Court-Copier Lease (100-4-021600- 60051), $189.84 to Sheriff-Svc Contracts (100-4-031200-3320), $227.67 to Sheriff-Undercover Account (100-4-031200-6024), $1993.51 to VFD-Communication Equipment (100-4-032200- 6004)), $51.51 to Jail-Food Supplies (100-4-033100-6002), $.32 to B&G-Bldg Maint Supplies Board of Supervisors Business Meeting April 18, 2017 (100-4-043100-6007), $896.00 to Recreation-Recreation Fees (100-4-071100-5696), $150.00 to Library-Postage (100-4-073100-5210), $1.12 to Library-Office Supplies (100-4-073100-6001), $1.95 to Library-Furniture & Fixtures (100-4-073100-6003), $.49 to Library-Bldg Maint Supplies (100-4-073100-6007), $1.00 to Library-Books & Subscriptions (100-4-073100-6012), $8,231.06 to WIA-Rent (251-4-353853-6014), $228,600.00 to CIP-Compactor. This motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Davis’ motion was unanimously approved by the Board. News Business Deputy Harris Silverman of the Pittsylvania County Sheriff’s Department gave a presentation on the Virginia Rules Camp Grant, which included footage of last year’s camp. Sponsored by the Virginia Attorney General’s Office, Virginia Rules is an educational program especially designed to help instructors, parents and students understand the law as it applies to teens in their everyday lives. The Pittsylvania County Sheriff’s Office participates in this program. One aspect of the program is a training camp for officers participating in the program. Motion was made by Mr. Blackstock, seconded by Mr. Hagerman, to approve the Sheriff Department’s request to submit the Virginia Rules Camp Grant Program Application and authorize the Sheriff and/or County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Mr. Hunt explained the County had received a request from the Oak Grove Board of Directions for a landfill tipping fee waiver for brush and other vegetation debris from the clean- up of a “potter’s field” cemetery located at the former Oak Grove Residential Care Facility in Chatham. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve this request and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Mr. Hunt explained the County had received a request from Chatham First for a temporary installation of a Virginia Tourism “LOVE” sign to be placed in the Town of Chatham/Pittsylvania County, Virginia, during the week of June 17, 2017. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale to approve the request, which was unanimously approved by the Board. Mr. Hunt explained Kelly Bailess, Registrar for Pittsylvania County, has requested to surplus 29 Citizen S310 Printers for the Pollbooks for voting purposed purchased in 2007, and that had been approved by the Pittsylvania County Electoral Board for removal from use. Ms. Bailess had indicated there are other localities who still used the printers and wish to purchase them for $50.00 each, totaling $1,450 for the purchase of all 29. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the request to surplus and sell the printers, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Mr. Smitherman stated the Fire & Rescue Study Sub-Committee met on March 29th and April 11, 2017; continue to discuss the Fire & Rescue Study; and will meet again in the near future. Board of Supervisors Business Meeting April 18, 2017 Mr. Blackstock stated the Animal Welfare Facility Committee met on April 6, 2017 for the following discussions: (a) Animal Shelter Operations Best Practices discussion Guest Speaker: Makena Yarbrough, ED, Lynchburg Humane Society (b) Animal Control Best Practices discussion Guest Speaker: Scott Giacoppo, National Animal Care & Control Association Board Member Motion was made by Mr. Blackstock, seconded by Mr. Barber, to authorize staff to issue a RFP Operation Services for the Pittsylvania County Animal Shelter, which was unanimously approved by the Board. Mark Moore, Director of Parks and Recreation, explained the Board of Supervisors entered into a Joint Use Agreement (JUA) with the School Board in September 2011 that sets parameters for the county’s Parks and Recreation Department to utilize school facilities for recreation programs. With great success, this agreement has served as the backbone for the implementation of the department’s programs since then. With the addition of athletic fields and the recent addition of parks at each of the four middle schools, staff has worked with school administration and the School Board to add those facilities into the JUA and identify the responsible parties for their upkeep as well as park hours. Mr. Moore stated at its March 2017 meeting, the School Board approved the updated JUA unanimously. Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the Joint Use Agreement as presented and authorize the Chairman and Parks and Recreation Director to sign on behalf of the county, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Barber’s motion was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Hagerman, to approve the reappropriation of March 2017 expenditures as follows: reappropriation of $40,811.05 as follows: $239.00 to Clerk of Court-Office Supplies (100-4-021600-6001), $100.00 to Clerk of Court-Copier Lease (100-4-021600-60051), $150.00 to Sheriff-Wrecker Service (100-4-031200- 3170), $417.73 to Sheriff-Undercover Account (100-4-031200-6024), $5,647.65 to Sheriff-Svc Costs-Parts (100-4-031200-6030), $1,616.30 to Sheriff-Svc Costs-Labor (100-4-031200-6031), $34.95 to Jail-Food Supplies (100-4-033100-6002), $19,501.76 to E911-Telephone (100-4- 035500-5230), $2,540.60 to Library-Postage (100-4-073100-5210), $2.15 to WIA-Other Operating (251-4-353851-6014), $19.35 to WIA-Other Operating (251-4-353853-6014), $21.07 to WIA-Other Operating (251-4-353855-6014), $.43 to WIA-Other Operating (251-4-353856- 6014), $10,520.06 to WIA-Rent (251-4-353853-6014); and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Otis Hawker, Assisting County Administrator for Operations, explained the following 2 Change Orders concerning the Pittsylvania County Animal Shelter: Change Order #2 consists of $11,990 for conditions identified with the taking off of the old roof system. All of the woodwork on the eaves had deteriorated as well as the metal decking. It is necessary to make the changes to ensure the warranty of the new roof system install. Change Order #3 in the amount of $46,447.50 was determined by the geotechnical engineers during construction that the existing soil conditions would not support the weight of the traffic along the North and South sides of the building. In order to correct this, quite a bit of excavation of unsuitable soil and building a more permanent base would be necessary. Board of Supervisors Business Meeting April 18, 2017 Mr. Hawker stated the original contract to Blair Construction for construction of this facility was $3,243,000. The Board awarded this contract with no contingency funds and without funds for the County to cover costs not associated with the construction. Examples: installation of IT, telephone systems, computers, service contracts, and the basic furniture required to operate the facility. Motion was made by Mr. Barksdale, seconded by Mr. Blackstock, to approve Change Order #2 and #3 in the total amount of $58,437.50 and appropriate $30,000 from unappropriated funds to the construction fund of the shelter and authorize the County Administrator to execute both Change Orders, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Barksdale’s motion was unanimously approved by the Board. Mr. Hawker explained Courthouse Security Change Order #2 consists of two primary enhancements to the Courthouse Security. Enhancement 1: During the construction it was determined that the window in the office of Vincent Shorter had to be totally closed up. This is a very small office and with the new equipment and the many constituents entering and exiting the court facility, the noise level in this particular corner office would be above reasonable levels to be conducive for Mr. Shorter to operate. This Change Order will relocate Mr. Shorter’s office to the opposite side of this complex. It is somewhat larger and will not be located in a congested area. Enhancement 2: This Change Order will also develop an individual room designed to accommodate the safe and will enhance the security of the operation of the safe. Staff recommended this Change Order for the above mentioned enhancements. Funds are available in the current Courthouse Security budget to cover these costs. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve Change Order #2 and allow the County Administrator to execute the Change Order, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce- Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Mr. Hunt explained at its February 6, 2017, meeting, the Pittsylvania County Board of Supervisor (“BOS”) adopted a Resolution and accepted a Deed transferring ownership of the recently decommissioned Chatham Armory from the Commonwealth of Virginia, Department of Military Affairs (“DMA”) to the County for $1.00. As evinced by an email from Hugh C. Hubinger, Senior Transaction Manager, Division of Real Estate Services, Commonwealth of Virginia, the DMA inadvertently omitted language required to be in said Deed related to outstanding tax-exempt bond obligations currently in place on the Armory. Said language, contained on bottom of page 2 and top of page 3 of the Deed attached hereto as Exhibit “C,” provides the Commonwealth of Virginia a right of first refusal to purchase the Armory if the County ever has “no further use for the Property.” Said language also, so as to not trigger the aforementioned maintenance bonds issued becoming taxable, also requires the County to utilize the Armory for only a “public purpose” until at least January 1, 2034, the purported date the bond financing expires. After discussion by the Board, a motion to Table until the Board’s next Business meeting was made by Mr. Blackstock, seconded by Mr. Davis, directed the County Attorney to contact DMA and request an amortization chart/table for the Armory bond financing, and attempt to negotiate the expiration of the Commonwealth of Virginia’s right of first refusal on the bond payoff date, which was unanimously approved by the Board. Mr. Hunt explained that currently, per Pittsylvania County Code §§ 36-1 & 36-2, attached hereto as Exhibit “A,” Pittsylvania County, Virginia (the “County”), collects a fee of $2.50 per applicable court action/case for courthouse maintenance and that in the last four years, a total of $52,709.92 had been collected, and it was estimated that this year $12,600 would be Board of Supervisors Business Meeting April 18, 2017 collected. Virginia Code § 17.1-281(C) allows the County to collect an additional $3.00 fee per appropriate court action/case (maximum of $5.00) for courthouse construction, renovation, or maintenance, if its courthouse is certified, following an application and facility inspection by the Department of General Services (“DGS”), as being non-compliant with the current safety and security guidelines in the Virginia Courthouse Facility Guidelines, and said non-compliance “cannot be feasibly renovated to correct such non-compliance.” Mr. Hunt said the cost of said facility inspection by the DGS is borne by the requesting locality and is estimated at approximately $2,000. Motion was made by Mr. Barber, seconded by Mr. Davis, to authorize staff to submit the above-referenced application to the DGS for the required facility inspection, which was unanimously approved by the Board. Items Added Motion was made by Mr. Blackstock, seconded by Mr. Hagerman, to re-appoint Sherwood Zimmerman as the Leesville Lake Association representative to the Tri -County Lake Advisory Commission for a one year term beginning February 1, 2017 through January 31, 2017, which was unanimously approved by the Board. Mr. Blackstock excused himself from the meeting at 9:50pm. Closed Session Matters (added) Motion was made by Mr. Barksdale, seconded by Mr. Barber, to enter into Closed Session for the following: Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Discussion of Performance of County Administrator Mr. Barksdale’s motion was unanimously approved by the Board and they entered into Closed Session at 9:55pm. By a motion of Mr. Barksdale, seconded by Mr. Barber, the Board re-entered into Open Session and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on April 18, 2017, the Board hereby certifies by a recorded vote that to the best of each board member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Tim R. Barber Yes Jerry A. Hagerman Yes Elton W. Blackstock Absent Joe B. Davis Yes Ronald S. Scearce Yes Robert W. Warren Yes Board of Supervisors Business Meeting April 18, 2017 Jessie L. Barksdale Yes Upon a unanimous vote of the Board in attendance, they returned to Open Session at 10:55 pm. Adjournment Chairman Warren adjourned the meeting at 10:55pm. __________________________________________ Robert W. “Bob” Warren, Chair Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors