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10-16-2018 Business Meeting Minutes - DRAFT October 16, 2018 Business Meeting Pittsylvania County Board of Supervisors Business Meeting October 16, 2018 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on October 16, 2018 in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Chatham-Blairs District, Robert W. "Bob" Warren, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham-Blairs District Present 6:43 PM Ronald S. Scearce Vice Chair - Westover District Present 6:43 PM Tim R. Barber Supervisor - Tunstall District Present 6:47 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:44 PM Joe B. Davis Supervisor - Dan River District Present 6:47 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:40 PM Charles H. Miller Supervisor - Banister District Present 6:41 PM Also in attendance were Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant County Administrator for Operations; Mrs. Kimberly G. Van Der Hyde, Director of Finance; Mr. Matthew D. Rowe, Director of Economic Development; Mrs. Lisa W. Tuite, Library Director; and Mrs. Kaylyn M. McCluster, Deputy Clerk. AGENDA ITEMS TO BE ADDED Motion to add the following items to tonight’s Business Meeting Agenda: 1.) Consent Agenda: Declaration of Local Emergency (as item 7f); 2.) New Business: Dell Lease Purchase Agreement for Infrastructure (as item 12b); 3.) New Business: Project Homeland Performance Agreement (as item 12c); and 4.) New Business: Landfill - Hurricane Michael related Tipping Fee Waiver (as item 12d) Mr. Barber requested to add under Appointments, an appointment for the Danville Pittsylvania Community Services Board and an appointment for the Department of Social Services Board. Mr. Farmer amended his Motion to include Mr. Barbers request. Board of Supervisors October 16, 2018 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller CONSENT AGENDA Motion to approve the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller a. Minutes: September 18, 2018, Work Session and Business Meeting (Staff Contact: Kaylyn M. McCluster) b. Proclamation: National Domestic Violence Awareness Month, October (Staff Contact: Kaylyn M. McCluster); (Lisa Caviness will be present to accept Proclamation) c. Resolution # 2018-10-01: Devin M. Taylor Task Force Officer of the Year (Staff Contact: Kaylyn M. McCluster) d. Award of RFQ to Byrnes Gould Law (Staff Contact: J. Vaden Hunt, Esq.) e. Updated Job Description: Deputy Director of Public Safety, Draft (Staff Contact: Chris C. Slemp) f. Declaration of Emergency PRESENTATIONS a. 2018 VACo Achievement Awards Presentation (Staff Contact: Mark W. Moore) Katie Boyle, VACo Director of Government Affairs, presented the Best Achievement Award for the Outstanding Parks Project to Mark W. Moore, Recreation Director, and spoke about their Achievement Awards Program. VACo received one hundred six (106) entries this year and only selected twenty-seven (27) winning projects from nineteen (19) counties. b. Youth Commission Introductions (Staff Contact: Justin G. Price) Board of Supervisors October 16, 2018 Business Meeting Mr. Price introduced the Pittsylvania County Youth Commission for the 2018-2019 School Year. The 2018-2019 Youth Commission Members are as follows: Kendall Moore, Sophomore at Tunstall High School; Kennetria Torain, Junior at Chatham High School; Savanah Reed, Sophomore at Tunstall High School; Miranda Cochran, Sophomore at Tunstall High School; Blake Sanchez, Senior at Gretna High School; and Joshua Neal, Sophomore at Tunstall High School. HEARING OF THE CITIZENS Mr. Warren opened the Hearing of the Citizens at 7:24 PM. Phyllis Roach, Staunton River District, and Director of the Pittsylvania County Literacy Program, asked for help with space to work. She stated that the biggest challenge is finding a location to place the literacy program. The Program was offered a location at the old planetarium by the School Board, but there was mildew in the office and scheduling conflicts that would not allow them to use that space. Carol Cooper, Callands-Gretna District, voiced her concerns about her dogs. She stated that a family living near her with possible pit bulls running loose and this particular dog attacked another dog in the area. Animal Control has been four (4) times to speak to the dog owners. Ms. Cooper asked for some type of control and protection for those who do take care of their dogs and stated that she is fearful of the area dogs that run loose. Katie Whitehead, Chatham Blairs District, voiced her concerns about the pipeline and also provided a copy of her statements. Robert Pollok, Tunstall District, stated that he owns and operates Hillview Farms Inc., located near Tunstall High School, and voiced his concerns about the pipeline. No one else signed up to speak, and Mr. Warren closed the Hearing of the Citizens at 7:37 PM. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-18-020; Cheryl Y. Worthy-Green & Malcolm E. Green; Dan River Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:40 PM. Mr. Sides stated that there was a Proffer provided prior to opening the Public Hearing, which is provided below. Mr. and Mrs. Green were present to represent the Petition. No one signed up to speak. Mr. Warren closed the Public Hearing at 7:43 PM. Board of Supervisors October 16, 2018 Business Meeting Motion to rezone Case R-18-020, 7.38 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. Board of Supervisors October 16, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Case 2: Public Hearing: Rezoning Case R-18-021; Ricky D. Carter & Debbie H. Carter; Banister Election District, R-1, Residential Suburban Subdivision District, to B-2, Business District, General (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:44 PM. Ricky Carter and Roger Isom were present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:45 PM. Motion to rezone 2.59 acres, three (3) parcels of land, from R-1, Residential Suburban Subdivision District, to B-2, Business District, General (for sales, service, and repair of vehicles - used car lot). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Case 3: Public Hearing: Rezoniing Case R-18-022; Callands-Gretna Election District, A- 1, Agricultural District, to RPD, Residential Planned Unit Develop ment District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:46 PM. Mr. Thomas Brooks was present to represent the Petition. Harold Arthur signed up to speak for informational purposes and wanted to know what will be going on the land. Mr. Brooks answered that the plan is to take the property and build residential homes and the residential homes will be for sale. The properties will be single family type dwellings and only the homes would be for sale and not the property. The property will be included into a Home Owners Association. Mr. Warren closed the Public Hearing at 7:48 PM. Mr. Blackstock commented about this property being brought before the Board before and is now reverting back to the original zoning designation. Motion to rezone Case R-18-022, 8.82 acres, three (3) parcels of land, from A-1, Agricultural District, to RPD, Residential Planned Unit Development Unit. Board of Supervisors October 16, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Case 4: Public Hearing: Rezoning Case R-18-023; Danville Farm, LLC, Dan River Election District, B-1, Business District, Limited and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Sides explained that there has been an amendment to the proffer (which is attached below), that includes 400-foot minimum buffer on the west side of the project. Mr. Warren opened the Public Hearing at 7:53 PM. Mr. Tom Terrell and Louis Iannone were present to represent the Petition. Tom Terrell stated that the minor change only reflects the written wording, and that the site plans are all still the same as what has been shown to the citizens. Louis Iannone with Stratus Solar and Developer of the Project were available for questions. Mr. Sides clarified that tonight’s meeting is only for rezoning the property. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:57 PM. Mr. Warren stated he was comfortable with rezoning since the public information was correct. Board of Supervisors October 16, 2018 Business Meeting Motion to rezone Case R-18-023, 185.35 acres, three (3) parcels of land, from B-1, Business District, Limited, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Other Public Hearings 1. Public Hearing: Pittsylvania County Comprehensive Roadside Management Plan (Staff Contact: Richard N. Hicks) Mr. Warren opened the Public Hearing at 8:00 PM. Mr. Hicks stated that several lo cal businesses have expressed an interest in sponsoring the landscaping around the “Welcome to Pittsylvania County” signs. The County currently has twelve (12) of these signs dispersed throughout the County along Virginia Department of Transportation (“VDOT”) highways. The County has already received funds for the first three (3) locations, but in order to move forward the County must develop a Comprehensive Roadside Management Plan for the locations, hold a Public Hearing on the Plan, and submit a Land Use Permit Application to VDOT. The Board voted to hold a Public Hearing at the September 18, 2018, Meeting, and the Public Hearing has been duly advertised. Mr. Hicks presented site plans for several of the “Welcome to Pittsylvania County” sign sites. No one signed up to speak and Mr. Warren closed the Public Hearing at 8:03 PM. Mr. Barber asked about the sponsors and if they would have a sign, as well as who installs the landscaping. Mr. Hicks stated that they would have a sponsor sign, but VDOT determines the required size and colors. He also stated that the County took bids on landscaping and the same contractor who did the Pet Center landscaping was awarded this landscaping project as well as the site maintenance. Motion to approve the Pittsylvania County Comprehensive Roadside Management Plan as presented, and authorize County Staff to submit a Land Use Permit Application to VDOT for the twelve (12) “Welcome to Pittsylvania County” signs. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller UNFINISHED BUSINESS NEW BUSINESS Board of Supervisors October 16, 2018 Business Meeting a. Open Space Land Use Renewal Contract; Laurel, Inc. (Staff Contact: J. Vaden Hunt, Esq.) Mr. Hunt stated that Laurel, Inc. currently has an Open Space Use Agreement for a golf course that expires on December 31, 2018. The County’s Land Use Ordinance requires a renewal application be submitted to the Commissioner of the Revenue’s office every six (6) years, if the land owner wishes to remain in the Land Use Program. The Honorable Shirley Hammock has submitted the deferred tax revenue will be $3,231.44 annually, if the Agreement is granted. Mr. Blackstock asked which golf course it is and Mr. Warren stated that it is Tuscarora. Mr. Warren abstained from voting because he holds stock in Laurel, Inc. Motion to approve the Open Space Land Use Renewal Contract submitted by Laurel, Inc., and authorize the County Administrator to sign any necessary documentation. RESULT: APPROVED [6 TO 0] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Scearce, Barber, Blackstock, Davis, Farmer, Miller ABSTAIN: Warren b. Dell Lease Purchase Agreement for Server Infrastructure Mr. Smitherman stated that this was discussed briefly in the Work Session earlier, and the age and life expectancy of the County’s IT servers have expired and is requesting approval to enter into the Dell Lease Purchase Agreement. Mr. Scearce stated that his IT background allowed him to go over the Agreement and he believes this is a good deal. Mr. Warren asked about the backup system and Mr. Budd stated that the backup system sends it to two (2) different data centers in the cloud. Motion to approve the Dell Lease Purchase for IT Server Infrastructure. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller c. Project Homeland Performance Agreement Mr. Rowe explained that this Agreement shows the commitment and diligence that this body takes to ensure that this deal has the least amount of risk. Both the Local Performance Agreement and the Company Performance Agreement have already been signed by the Company. They have committed to maintain the facility at that location for at least ten (10) years, along with an irrevocable letter of credit which is very rare. The Company is being provided with twelve (12) acres of gifted land, $245,000 Industrial Enhancement Grant, and also since they are in an Enterprise Zone $113,750 is required to provide to them. Entire local Board of Supervisors October 16, 2018 Business Meeting incentive fund for this project is $358,750, but with the RIFA partnership, the County’s contribution is half this amount and is only $179,375, which equates to roughly $2,759 per job. This is paying double what the County average is. The Company will be in the Institut e on November 1, 2018. Motion to approve the Local Performance Agreement and the Commonwealth Opportunity Fund Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller d. Landfill tipping fee Waiver related to Hurricane Michael Mr. Hicks stated that in the past, the Board has authorized the waiver of Landfill Tipping Fees for clean-up for significant weather events in the County. Traditionally, the Landfill captures said waiver information at the scales and keeps a separate record, in case the County qualifies for any Federal or State Emergency Assistance. Due to the significant damage throughout the County from recent Hurricane Michael on Thursday, October 11, 2018, it is anticipated that there will be a lot of clean-up taking place. Motion to approve the waiver of Landfill Tipping Fees for Hurricane Michael related clean -up items for a period of ninety (90) days from October 11, 2018. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller APPOINTMENTS a. Danville Pittsylvania Community Services Board of Directors Motion to appoint Emily Hill to the Danville Pittsylvania Community Services Board of Directors. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller b. Department of Social Services Board Motion to appoint Gracie Mays to the Department of Social Services Board to fulfill the remainder of her term. Board of Supervisors October 16, 2018 Business Meeting RESULT: APPROVED [5 TO 1] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Barber, Blackstock, Davis, Farmer, Miller NAYS: Warren ABSTAIN: Scearce MATTERS FROM WORK SESSION (IF ANY) BOARD MEMBER REPORTS Dr. Miller stated that he was pleased with the announcements being made in our area and proud to be a part of Pittsylvania County. Mr. Blackstock also stated that he was very proud. BGF has been an anchor in his community and employ a lot of people. For them to locate their headquarters in Pittsylvania County is something to be proud of. He also stated that he is on the Service Authority and saw a lot of pictures of the opposite end of the County, and there was obvious devastation that has happened in the County due to the storm. He expressed that he is very proud of the volunteers, employees, VDOT workers, and is proud to be a part of Pittsylvania County. Mr. Farmer announced that the Town of Gretna will be hosting the Old Timers Jubilee on Saturday, October 20, 2018. He also stated that Chris Slemp thanked people in the Work Session, and echoed those sentiments and recognized all EMS workers, 911, Sheriff’s Department, and he is also proud to see the rallying of everyone. Mr. Barber echoed thanks to everyone during the storm and stated that the greatest strength of Pittsylvania County is the people. He thanked Mr. Smitherman for his efforts and help during the hurricane. Mr. Scearce echoed all sentiments regarding the Hurricane, and everyone working together to help each other out. Mr. Scearce recognized Chris Slemp for his efforts during this storm as well. Mr. Warren echoed same sentiments, and is very proud to be a citizen of Pittsylvania County. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated that hard work goes unnoticed that prepares for other work, specifically speaking of the 911 dispatchers, Sheriff, volunteers, and the swift water rescue team. Hurricane Michael brought much more to our area than anyone expected and we were not ready, but everyone pulled together when it mattered most. He also stated that County Staff have been working hard to see payoff for Solid Waste. Two (2) sites are now on controlled hours. The sites are cleaner, attendants are happy, citizens are happy that people are there to help; but this is only two (2) sites out of thirty-three (33). Recycling efforts will be improved in the next thirty (30) days for cardboard, and sixty (60) days for plastic. CLOSED SESSION Motion to enter into Closed Session. The Board entered into Closed Session at 8:43 PM. Board of Supervisors October 16, 2018 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller a. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project AP Purpose: Discussion of Unannounced Prospective Industry and Potential Incentives (2) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Sensor Purpose: Discussion of Unannounced Prospective Industry b. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Performance Evaluation RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on October 16, 2018, 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 (the “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 Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board’s Minutes. Vote Tim R. Barber Yes Board of Supervisors October 16, 2018 Business Meeting Elton W. Blackstock Yes Joe B. Davis Yes Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes AMEND THE AGENDA AND RE-ENTER INTO CLOSED SESSION Motion to amend the Agenda to re-enter into Closed Session for Discussion of a Potential New Employment Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice Chair - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller a. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Discussion of a Potential New Employment Agreement RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on October 16, 2018, 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 (the “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 Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board’s Minutes. Vote Tim R. Barber Yes Elton W. Blackstock Yes Joe B. Davis Yes Board of Supervisors October 16, 2018 Business Meeting Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes ADJOURNMENT Mr. Warren adjourned the Meeting at 11:19 PM.