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12-18-2018 Business Meeting PKT BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, December 18, 2018 – 7:00 PM Pittsylvania County General District Courtroom Edwin R. Shields Courthouse Addition, 11 Bank Street Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (7:00 PM) 2. ROLL CALL 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. AGENDA ITEMS TO BE ADDED 6. APPROVAL OF AGENDA 7. CONSENT AGENDA a. Minutes: November 20, 2018, Work Session and Business Meeting; November 29, 2018, Legislative Committee Meeting; December 6, 2018, Strategic Planning Discussion (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2018-12-01: Declaration of Emergency (Staff Contact: Christopher C. Slemp) c. Resolution # 2018-12-02: Tunstall High School Theatre Group, State Championship (Contact: Supervisor Warren); (Kristen Williams and THS Theatre Group will be present to accept) d. Resolution # 2018-12-03: Legislative Priority List (Staff Contact: David M. Smitherman) e. NG 911 Grant (Staff Contact: Christopher C. Slemp) f. Minnie Maude Charitable Trust Grant (Staff Contact: Christopher C. Slemp) 8. PRESENTATIONS a. IDA Economic Development Announcement (Staff Contact: Matthew D. Rowe) Business Meeting - December 18, 2018 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. Case 1: Public Hearing: Rezoning Case R-18-027; EST Enterprises, LLC, & James B. Hunt, Sr.; Westover Election District A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides/Supervisor Scearce) Case 2: Public Hearing: Rezoning Case R-18-028; Gerald Redd Roach; Tunstall Election District, RC-1, Residential Combined Subdivision District, to B- 2, Business District, General (Staff Contact: Gregory L. Sides/Supervisor Barber) Case 3: Public Hearing: Rezoning Case R-18-029; Russell A. Eades; Staunton River Election District, A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Staff Contact: Gregory L. Sides/Supervisor Blackstock) Case 4: Public Hearing: Rezoning Case R-18-030; Charles S. Thornton, Trustee; Callands-Gretna Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides/Supervisor Farmer) Business Meeting - December 18, 2018 B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unl ess the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: PCC § 41-5(B), Noise Ordinance Revision (Staff Contact: J. Vaden Hunt, Esq.) 2. Public Hearing: "Residential Addiction Treatment Group Home" Addition to PCC Ch. 35 (Staff Contact: Gregory L. Sides) 3. Public Hearing: Indigent/Elderly Tax Exemption Revisions to PCC § Ch. 6-6 (Staff Contact: J. Vaden Hunt, Esq.) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. DSS Memorandum of Understanding (Staff Contact: Kimberly G. Van Der Hyde) b. Transfer of Unused Local Grant Funds for Fire/Rescue Purchases (Staff Contact: Kimberly G. Van Der Hyde) c. Award of Shell Building Design-Build RFP and Appropriation of Grant Funds (Staff Contact: Kimberly G. Van Der Hyde) 13. APPOINTMENTS a. Appointment: Pittsylvania County Service Authority; Joe Rogers (Contact: Supervisor Farmer) 14. MATTERS FROM WORK SESSION (IF ANY) 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes: November 20, 2018, Work Session and Business Meeting; November 29, 2018, Legislative Committee Meeting; December 6, 2018, Strategic Planning Discussion (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: December 18, 2018 Item Number: 7.a Attachment(s): 11-20-2018 Work Session Minutes - DRAFT 11-20-2018 Business Meeting Minutes - DRAFT 11-29-2018 Legislative Committee Meeting Minutes - DRAFT 12-06-2018 Strategic Plan Discussion - DRAFT Reviewed By: 7.a Packet Pg. 4 November 20, 2018 Work Session Pittsylvania County Board of Supervisors Work Session November 20, 2018 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on November 20, 2018, in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. Chairman, Chatham-Blairs District, Robert W. "Bob" Warren, called the Meeting to Order at 4:30 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham-Blairs District Present 4:27 PM Ronald S. Scearce Vice Chair - Westover District Present 4:18 PM Tim R. Barber Supervisor - Tunstall District Present 4:37 PM Elton W. Blackstock Supervisor - Staunton River District Present 4:27 PM Joe B. Davis Supervisor - Dan River District Present 4:23 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:22 PM Charles H. Miller Supervisor - Banister District Present 4:14 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; Mrs. Lisa W. Tuite, Library Director; Mrs. Holly E. Stanfield, Human Resource Manager; Mr. Chris C. Slemp, Director of Public Safety; Ms. Karen N. Hayes, Deputy Director of Community Development; Mr. Michael L. Henderson, Chief Building Official; and Mrs. Kaylyn M. McCluster, Deputy Clerk. AGENDA ITEMS TO BE ADDED a. Motion to add Memorandum regarding Solid Waste Fees under Other Reports. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Blackstock, Davis, Farmer, Miller ABSENT: Barber APPROVAL OF AGENDA Motion to Approve Agenda. 7.a.a Packet Pg. 5 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November Board of Supervisors November 20, 2018 Work Session RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Blackstock, Davis, Farmer, Miller ABSENT: Barber PRESENTATIONS STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Lease Revenue Bond Update (Staff Contact: Kimberly G. Van Der Hyde); (10 minutes) Mrs. Van Der Hyde briefed the Board on the Lease Revenue Bonds Report (Series 2018A-Tax Exempt and Series 2018B-Taxable) that was issued on January 30, 2018, (attached). Mr. Blackstock asked if this would be brought back before the Board before the money is allocated and Mr. Smitherman stated that it would. Mr. Warren asked about retiring bond debts using landfill revenue and Mrs. Van Der Hyde confirmed that. b. General Discussion of Solid Waste and Other Code Violations (Staff Contact: Gregory L. Sides); (15 minutes) Mr. Sides stated that this is the start of a process to possibly change the ordinance and codes, or to tighten restrictions that are already in place. Mr. Sides presented letters and pictures of dilapidated structures that have been brought to the attention of County Staff. Mr. Blackstock asked if the Judge would order the property owner to remove any property from yard that is valuable, before the County send contractors out to look at the property to see what actually has to be removed in order to come up with an accurate quote for cleanup. Mr. Scearce thanked staff for their efforts due to these properties being in his District and him getting numerous calls from citizens regarding these properties. Mr. Blackstock stated that several properties in his District were looked at in the past, but did not get fixed due to local ordinances and the County Code and suggested the possibility of looking to revise some of those ordinances and codes. Mr. Warren agreed with Mr. Blackstock and stated this is owed to the citizens to help protect them. Things such as this may cost, but it costs dearly when the structures are hurting our tax base with property values being decreased. Mr. Davis stated that properties that have houses may be found to be a problem as far as safety, but if it is approachable and the structure is repairable, the individual who bids on the property would carry more value if there was a structure still there to work with rather than working from the ground up. Mr. Barber wanted to clarify that if the situation were to be that the County had to go in and take down the structure, a lien is put on the property for the cost and then it would be sold instead of the County claiming the property. Mr. Blackstock suggested being sure the County gets paid before allowing another building permit to go out for that same property. Items such as these will be discussed in length at the Legislative Committee Meeting on November 29, 2018. c. Possible Revision to PCC Chapter 35, Addiction Recovery Group Home (Staff Contact: Gregory L. Sides); (5 minutes) 7.a.a Packet Pg. 6 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November Board of Supervisors November 20, 2018 Work Session Mr. Sides made the Board aware that the Planning Commission recently held a Public Hearing regarding revisions to Chapter 35 involving a group home for addiction recovery services that will require a Public Hearing at the December Business Meeting. d. Convenience Center Pilot Site Operating Hours (Staff Contact: Richard N. Hicks); (10 minutes) Mr. Hicks presented to the Board an update on convenience center pilot site operating hours. He stated that most traffic enters the site between 7:00 p.m. and 8:00 p.m., and it drops significantly off the last hour. Mr. Barber suggests looking at opening earlier to allow people to stop on their way to work. Mr. Warren would like to follow the same hours as Brosville for the Mt. Hermon site, and also suggested closing both gates when the site is closed because it is difficult to turn around if you go in and have to turn around. Mr. Warren also suggested putting out extra boxes on Christmas day so there is not a huge problem with overflowing trash due to the holiday. e. Legislative Priorities (Staff Contact: David M. Smitherman); (15 minutes) Mr. Smitherman provided the Board with the below potential non-exhaustive Legislative Priorities for the 2019 Virginia General Assembly: 1. Berry Hill Connector Road and Intermodal Funding 2. Cherrystone and Roaring Fork Dam Rehabilitation Funding 3. Repurposing of CPMT Fine for School’s Success Academy at Chatham Armory 4. County Ability to Tax same as Cities and Towns 5. Modification to School Funding Formula 6. Increase in Localities Ability to Tax Solar Projects 7. Increase in Court Cost Payments to be Used for Courthouse Facility Maintenance and/or New Construction 8. Increase Rural VDOT Funding 9. Additional Funding for Local Comp Board Funding Positions Mr. Blackstock stated the Cherrystone Lake Project may be something to look at seeking a lobbyist for, due to the project being so costly. These items will be discussed in length at the Legislative Committee Meeting on November 29, 2018. f. Reorganizational Meeting Date Discussion (Staff Contact: David M. Smitherman); (10 minutes) There was consensus of the Board to hold the Reorganizational Meeting on January 3, 2019, at 7:00 PM in the County Administration Main Conference Room. g. Other Reports Mr. Smitherman presented to the Board a Solid Waste fee Memorandum from himself (attached). He presented two (2) recommendations which are for the exemption request be granted and desk reviews be completed whenever possible, and to rescind the twenty (20) dollar fee. Motion to accept the Solid Waste recommendations from Mr. Smitherman. 7.a.a Packet Pg. 7 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November Board of Supervisors November 20, 2018 Work Session RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller BUSINESS MEETING DISCUSSION ITEMS CLOSED SESSION Motion to enter into Closed Session. The Board entered into Closed Session at 5:54 PM. 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 or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Richard N. Hicks) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Pittsylvania County Solid Waste Purpose: Discussion of Potential Purchase of Real Property for Additional Convenience Centers b. Discussion concerning a prospective business or industr y 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 Sensor Purpose: Discussion of Unannounced Prospective Industry c. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Ringgold East Industrial Park/Individual Lot Purpose: Consultation with Legal Counsel Regarding Proposed Letter of Intent to Purchase 7.a.a Packet Pg. 8 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November Board of Supervisors November 20, 2018 Work Session RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 6:50 PM 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 November 20, 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 Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes ADJOURNMENT Mr. Warren adjourned the Meeting at 6:52 PM. 7.a.a Packet Pg. 9 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November Board of Supervisors November 20, 2018 Work Session 7.a.a Packet Pg. 10 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November Board of Supervisors November 20, 2018 Work Session 7.a.a Packet Pg. 11 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November Board of Supervisors November 20, 2018 Work Session 7.a.a Packet Pg. 12 Attachment: 11-20-2018 Work Session Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; November November 20, 2018 Business Meeting Pittsylvania County Board of Supervisors Business Meeting November 20, 2018 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on November 20, 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 6:42 PM Ronald S. Scearce Vice Chair - Westover District Present 6:45 PM Tim R. Barber Supervisor - Tunstall District Present 6:45 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:44 PM Joe B. Davis Supervisor - Dan River District Present 6:40 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:44 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; and Mr s. Kaylyn M. McCluster, Deputy Clerk. AGENDA ITEMS TO BE ADDED Motion to add the following items to tonight’s Business Meeting Agenda: 1.) Appointment: Department of Social Services Board; Phillip Adams (as item 13e); and 2.) Matters from Work Session: Solid Waste Recommendations (as item 14a). 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 APPROVAL OF AGENDA Motion to approve Agenda. 7.a.b Packet Pg. 13 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting RESULT: ADOPTED [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 CONSENT AGENDA Motion to approve the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller a. Minutes: October 16, 2018, Work Session and Business Meeting; October 29, 2018, Solid Waste Committee Meeting; November 1, 2018, Strategic Plan Meeting (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2018-11-01: Matthew Arnold, VHSL Group 2A State Golf Champion (Contact: Chairman Warren); (Matthew Arnold will be present to accept Resolution) c. Purchase of Service Weapon (Staff Contact: Sheriff Michael W. Taylor) d. Fire Prevention and Safety Grant (Staff Contact: Chris C. Slemp) e. Ratification of Engagement Agreement (Staff Contact: J. Vaden Hunt, Esq.) PRESENTATIONS a. Annual Report; Danville Pittsylvania Community Services (Staff Contact: David M. Smitherman); (Presenter: Dr. Julie Brown, Danville-Pittsylvania Community Services Board Member) Dr. Julie Brown, Danville-Pittsylvania Community Services Board Member, presented its Annual Report to the Board. HEARING OF THE CITIZENS Mr. Warren opened the Hearing of the Citizens at 7:17 PM. Wayne Robertson, Chatham-Blairs District, spoke in opposition of the Solid Waste Fee and suggested cutting the budget to resolve this issue. Curtis Allen, Callands-Gretna District, also spoke in opposition of Solid Waste Fee, and asked why no bids were taken on trash hauling. Katie Whitehead, Chatham-Blairs District, spoke in opposition of the Southgate Pipeline, MVP extension. Phillip Hudson, Chatham - Blairs District, also spoke in opposition of the Pipeline. Jene Richardson voiced his concerns on a notice he received from Halifax that his property would be rezoned to Halifax one (1) week prior to the election and was deeply concerned that his granddaughter may have to switch schools. Julian Richardson also voiced his concerns about the mis-assigned voters’ situation and stated that he lived at his current property over fifty (50) years in Sutherlin, and all of a sudden 7.a.b Packet Pg. 14 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting voting had been switched around and is concerned that his children may have to switch schools. Anita Royston, Callands-Gretna District, also spoke on the mis-assigned voters’ situation. Mr. Warren closed the Hearing of the Citizens at 7:36 PM. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-18-024; Donald R. Mustain; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:37 PM. Mr. Mustain was present to represent the Petition. No one signed up to speak, and Mr. Warren closed the Public Hearing at 7:38 PM. Motion to rezone a total of 9.33 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Case 2: Public Hearing: Rezoning Case R-18-025; Jesse M. Hancock; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:39 PM. Mr. Hancock was present to represent the Petition. No one signed up to speak, and Mr. Warren closed the Public Hearing at 7:42 PM. Motion to rezone 33.28 acres, four (4) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davi s, Farmer, Miller Case 3: Public Hearing: Rezoning Case R-18-026; Larry Wayne Edwards & Tamara G. Edwards; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:43 PM. Mr. Edwards was present to represent the Petition. Patricia Taylor signed up to speak, but was not present to speak. Mr. Warren closed the Public Hearing at 7:45 PM. Motion to rezone 2.84 acres from R-1, Residential Suburban Subdivision District, to A-1, 7.a.b Packet Pg. 15 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting Agricultural District. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Other Public Hearings 1. Public Hearing: Solid Waste Ordinance Change (Staff Contact: Richard N. Hicks) Mr. Warren opened the Public Hearing at 7:46 PM. No one signed up to speak, and Mr. Warren closed the Public Hearing at 7:48 PM. Mr. Hicks presented proposed changes to the Solid Waste Ordinance, which includes the following: (1) deletion of PCC § 17-3(K) previously only allowing bagged and/or wrapped garbage to be disposed of at a County convenience center; (2) revision to PCC § 17 -4(E) allowing tires to be disposed of at the County Landfill for a rate to be annually set by the Board; and (3) revision to PCC § 17-9 allowing the disposal of solid waste originating outside the County, if the disposer of said waste enters into a written Agreement with the County for a disposal rate to be annually set by the Board. Motion to adopt the revisions to PCC Chapter 17, Solid Waste Disposal, as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller 2. Public Hearing: Lease of Tower Space - Dan River Middle School Tower (Staff Contact: Richard N. Hicks) Mr. Warren opened the Public Hearing at 7:50 PM. Harold Arthur signed up to speak but he realized he signed up under the wrong section. Mr. Warren closed the Public Hearing at 7:52 PM. Mr. Hicks presented a proposed Lease at the Dan River Middle School Tower. The current AT&T Towe Lease on the Chatham Tower is $1,825 per month. The original proposal from GDN Sites was $1,700 per month, with a two percent (2%) escalator. The current proposal from GDN Sites is $2,200 per month, with a two percent (2%) escalator. Motion to authorize the County Administrator to finalize the Lease Terms for the two (2) cellular carriers, and to execute any and all related necessary documents for said Leases. 7.a.b Packet Pg. 16 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting 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 3. Public Hearing: Procurement Policy Changes (Staff Contact: J. Vaden Hunt, Esq.) Mr. Warren opened the Public Hearing at 7:56 PM. No one signed up to speak, and Mr. Warren closed the Public Hearing at 7:57 PM. Mr. Hunt presented potential revisions to Chapter 25, Procurement Policy, of the Pittsylvania County Code, brought to the County’s attention recently by its Auditor. Said revisions, which are legally required to be adopted, detail new standards for conducting procurement transactions/contracts that are federally funded through direct federal aid, federal pass-through aid, state categorical aid, and/or other grant sources. Motion to adopt the revisions to Chapter 25 (Procurement Policy) of the Pittsylvania County Code as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller UNFINISHED BUSINESS NEW BUSINESS a. Approval of Federal Grant Administration Policy and Conflict of Interest Policy (Staff Contact: J. Vaden Hunt, Esq.) Mr. Hunt stated, based on the County’s Auditors recommendation, the County is required to implement a Federal Awards Administration Policy, along with a Conflict of Interest Policy, since the County receives federal funding. Since these policies are not part of the County Code, they do not require a Public Hearing. Motion to adopt the Federal Awards Administration Policy and the Conflict of Interest Policy as required by the Office of Management and Budget. 7.a.b Packet Pg. 17 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller b. Appropriation of the Tobacco Grant - SVMP Feasibility Study (Staff Contact: Gregory L. Sides) Mr. Sides stated that the County recently received a Grant in the amount of $140,000 from the Tobacco Commission for the Southern Virginia Multimodal Park (“SVMP”) Feasibility Study (the “Study”). The County has received these funds and the Study has already been completed by Dewberry. Additional costs have been incurred over the original allotted amount. The Tobacco Commission will be reviewing these costs and may be sending the County an Invoice for the difference owed. To date, the County has only paid Dewberry the original agreed upon amount. Motion to authorize the appropriation of $140,000 for the SVMP Study, and authorize the Finance Director to increase this appropriation to cover any additional costs approved and paid for by the Tobacco Commission. 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. Danville Regional Foundation Grant Appropriation; Sheriff's Salary Study and Library Study (Staff Contact: Gregory L. Sides) Mr. Sides stated there were two (2) projects that the Board believed to be worthy of funding, which are the Library Feasibility Study and the Classification and Compensation Study for the Sheriff’s Department. The County Sheriff’s Office and the County Library have both received Grant funding from the Danville Regional Foundation (“DRF”). The Sheriff received notification that DRF has granted a total of $6,000 to offset the cost of a Classification and Compensation Study. The Library has also received notification that DRF has granted a total of $15,425 to offset the cost of conducting a Feasibility Study for future library expansion. Motion to accept the DRF Grants in the amount of $6,000 for the Sheriff and $15,425 for the Library, and appropriate this amount, along with the remaining $21,425 from local funds already existing in the Grants Fund from completed Grant Projects. 7.a.b Packet Pg. 18 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting 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 d. Health Department Carryover (Staff Contact: David M. Smitherman) Mr. Smitherman brought to the Board the request from the Health Department asking permission to retain local monies remaining at June 30, 2018. The amount requested was $61,827.27. Mr. Smitherman recommended the Board deny the Health Department’s request to retain FY 18 funds in the requested amount, and allow the funds to remain in the general fund, making it clear that if the funds were needed, the Health Department can come before the Board to request additional funding if necessary. Motion to deny the Health Department’s request to retain FY 18 funds in the amount of $61,827.27 for FY 19 usage. RESULT: APPROVED [6 TO 1] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Blackstock, Davis, Farmer, Miller NAYS: Barber e. New Open Space Land Use Agreement for 2019 (Staff Contact: J. Vaden Hunt, Esq.) Mr. Hunt presented to the Board a new Open Space Agreement for 2019 for Jimmy and Amie Blanks. 36.30 acres of the 121.00 acres is currently enrolled with the Environmental Quality Incentives Program, administered by the USDA’s Natural Resources Conservation Service. If the Agreement is granted, as confirmed by the Honorable Shirley Hammock, the County’s Commissioner of the Revenue, the current deferment is $1,155.68 and the new open space deferment will be $998.20. This is a net gain for the County in the amount of $157.48 annually. Motion to approve the Open Space Agreement for 2019 for Jimmy and Amie Blanks, and authorize the County Administrator to sign any necessary related documentation. 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 f. Meals Tax Refund Request for Mountain Food Services, LLC (Staff Contact: J. Vaden Hunt, Esq.) Mr. Hunt stated, for several years, Mountain Food Services, LLC, over reported their gross receipt amounts and paid meals tax on these amounts. They have provided the County’s Commissioner of the Revenue with corrected figures for all years in question. Pursuant to 7.a.b Packet Pg. 19 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting Pittsylvania County Code § 6-6.2, Refund of Local Taxes Assessed and Paid in Error, Mountain Food Services, LLC, is due and owing a meals tax overpayment refund. The Honorable Vincent Shorter determined that Mountain Food Services, LLC, did not qualify for interest payment on their refund, so the total meals tax overpayment refund amount would be $30,922.34. Motion to approve the refund of $30,922.34 to Mountain Food Services, LLC, due to meals tax overpayment, and authorize the County Administrator to sign any and all related necessary documentation. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller g. Award of Pay and Classification Study for Sheriff's Department (Staff Contact: Holly E. Stanfield) Mrs. Stanfield stated, at the Board’s July 25, 2018, Personnel Committee Meeting, there was discussion to address salary compression issues within the County Sheriff’s Department. The County received a quote from Springsted, Inc., in the amount of $12,000. Springsted completed the County’s previous Salary Study in 2017. The Personnel Committee requested County Staff check locally for Grants to cover the cost of this Study. The Sheriff was able to find Grant money in the amount of $6,000 from the Danville Regional Foundation. The total cost of the Sheriff’s Classification and Compensation Study is $12,000. Sheriff Taylor has secured a local Grant that will cover fifty percent (50%) of the total cost. The remaining cost for the Study will come from local funds remaining in the Grants Fund from completed Grant Project s. If there are additional costs in excess of $12,000, they will be paid from the Sheriff’s Budget. Motion to award the Classification and Compensation Study to Springsted Inc., and allow the current contract to be amended to include the Sheriff Department’s Classification and Compensation Study. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller APPOINTMENTS a. Appointment: Pittsylvania County Service Authority; Coy Harville (Contact: Supervisor Scearce) Motion to reappoint Mr. Harville to the PCSA for a four (4)-year term starting on January 1, 2019. 7.a.b Packet Pg. 20 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice Chair - Westover District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller b. Appointment: Pittsylvania Soil and Water Conservation District Board of Directors; Tom Keatts (Staff Contact: Kaylyn M. McCluster) Motion to reappoint Mr. Keatts to the Pittsylvania Soil and Water Conservation District Board of Directors for a four (4)-year term beginning on January 1, 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller c. Appointment: Ratification of TLAC's Election of its Leesville Lake Associate Representative; Dave Rives (Staff Contact: Kaylyn M. McCluster) Motion to ratify TLAC’s appointment of Mr. Rivers as its Leesville Lake Association Representative for a one (1)-year term beginning on January 1, 2018. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller d. Appointment: Library Study Advisory Committee (Staff Contact: Lisa W. Tuite) Motion to appoint the listed individuals (attached) to the Library Advisory Committee as presented. 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 e. Appointment: Department of Social Services Board; Phillip Adams Motion to appoint Phillip Adams to the Department of Social Services Board to fulfill Gracie Mays' term. 7.a.b Packet Pg. 21 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller MATTERS FROM WORK SESSION (IF ANY) a. Solid Waste Recommendations Motion to grant exemption requests, via desk review where possible, and that the on-site inspection fee be rescinded and refunded, and that the Board refer the Elderly and Disabled Exemption Ordinance to the Legislative Committee for review and adjustment recommendations. 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 BOARD MEMBER REPORTS Mr. Scearce wished everyone a Happy Thanksgiving. Mr. Farmer stated his concerns about the mis-assigned voters’ issue and urged Staff to look into matter. Mr. Blackstock also stated his concerns about the voters’ issue. He also sent condolences about Mr. Shumate's passing and encouraged citizens to be involved, participate, and vote. Mr. Davis was concerned about those in his District, especially the Sutherlin area, regarding the voters’ issue. Dr. Miller also expressed his deep concerns about the mis-assigned voters’ situation. He stated he received a phone call from Lester Holt's producer at NBC regarding uranium stating they are planning to come to the area for interviews on both sides of the issue. Mr. Warren apologized to Mr. Richardson, and directed Staff to get back to the citizens with some answers. He also wished Staff and everyone else a Happy Thanksgiving and shared his thankfulness for the entire Board with individual sentiments to each Board Member about his thankfulness. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated he was part of a group invited to speak to the North Carolina rural center and other localities wanted to know how the County is doing so well and spoke very highly of our area. He also stated that Staff is taking the matter of running the Pet Center on January 1, 2019, very seriously and are currently in the interview stage of Pet Center Manager. The Employee Satisfaction Survey has been sent out and he is looking forward to seeing the results. Mr. Smitherman also spoke on the mis-assigned voters’ issue and feels that it could have been handled better and more professionally. He encouraged the Board to send a letter to the Board of Elections asking why this happened and why it could not have been handled better. Mr. Hunt echoed Mr. Smitherman’s comments regarding the mis-assigned voters project and 7.a.b Packet Pg. 22 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting plans to gather as much information as possible on this issue to bring back to the Board for clarity. CLOSED SESSION Motion to enter into Closed Session. The Board entered into Closed Session at 9:09 PM. RESULT: ADOPTED [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 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. (Staff Contact: David M. Smitherman) (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 AND CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 9:28 PM 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 November 20, 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 7.a.b Packet Pg. 23 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes MATTERS FROM CLOSED SESSION Motion to approve the Employment Contract as presented for David Smitherman, County Administrator. RESULT: APPROVED [4 TO 3] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Davis, Miller NAYS: Barber, Blackstock, Farmer ADJOURNMENT Mr. Warren adjourned the Meeting at 9:31 PM. 7.a.b Packet Pg. 24 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors November 20, 2018 Business Meeting 7.a.b Packet Pg. 25 Attachment: 11-20-2018 Business Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Legislative Committee November 29, 2018 Legislative Committee Thursday, November 29, 2018, Meeting VIRGINIA: The Legislative Committee of the Pittsylvania County Board of Supervisors was held on Thursday, November 29, 2018, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Ronald S. Scearce, Chairman, called the Meeting to Order at 4:30 p.m. The following Committee Members were present: Ronald S. Scearce Joe B. Davis Ben L. Farmer The following Board of Supervisors Members were also present: Robert W. Warren Dr. Charles H. Miller, Jr. Mr. David M. Smitherman, County Administrator/Clerk of the Board; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard Hicks, Assistant County Administrator for Operations; Honorable Shirley Y. Hammock, Commissioner of the Revenue; Mrs. Susan Dillon, Chief Animal Control Officer; Mrs. Karen N. Hayes, Deputy Director of Community Development; Mr. Michael Henderson, Chief Building Official; and Mrs. Kaylyn M. McCluster, Deputy Clerk, were also present. Approval of Agenda Motion was made by Mr. Davis, seconded by Mr. Farmer, to approve the Agenda, which was unanimously approved by the Legislative Committee. New Business (a) Discussion of Potential Revision to Elderly and Indigent Partial Real Estate Tax/Solid Waste Fee Exemptions There was discussion to potentially raise the total annual household income threshold for elderly/indigent partial real estate tax exemption from $18,000 to $25,000 with a cap of $450 on said exemption. Honorable Shirley Y. Hammock was able to explain how she arrived at the new figure of $25,000 for the Board using census information. Motion by Mr. Davis, seconded by Mr. Farmer, to suggest a cap of $450 for the exemption and support the recommendation to the full Board to raise the total annual household income threshold from $18,000 to $25,000. Unanimously approved by the Legislative Committee. (b) Discussion of Potential Revision to County Code Allowing Late (with Penalty) Land Use Application Filing 7.a.c Packet Pg. 26 Attachment: 11-29-2018 Legislative Committee Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Legislative Committee November 29, 2018 There was discussion regarding potentially allowing late Land Use Application filing with a penalty. Due to time constraints, it would be near impossible to make this effective this year, and the Legislative Committee decided to put this item on hold until the Summer to consider putting this item in place for next year’s filings. (c) Discussion of Potential Revisions to BOS Bylaws Mr. Hunt stated the BOS Bylaws were revised last year and are pretty clean. Mr. Hunt asked the Legislative Committee if there was anything in the Bylaws that they desire to change, and if so, the changes need to be brought before the full Board at the December Meeting to allow for the ten (10) day layover before they can be adopted at the January Reorganizational Meeting. There was discussion regarding the potential change to starting the Work Session at 4:00 PM instead of 4:30 PM to allow for more time. There was also discussion regarding Appointments to Board Committees. This would allow the Board the authority to remove Board appointees if necessary. Mr. Hunt asked if the Legislative Committee desired a vetting process for anyone interested in being appointed to any Boards and Committees. There are localities that handle their appointments in Closed Session and/or do an application process. Mr. Davis likes the idea of the Board being able to remove appointees, but does not really like the idea of vetting the appointees due to the Supervisor for that District being in control of that. Mr. Farmer stated he is open to starting the Work Session at 4:00 PM. Mr. Warren likes the idea of an application of the appointees. Dr. Miller also likes the application process and the ability to remove if necessary. Mr. Hunt will get these items on the December Work Session to present before the full Board. (d) Discussion/Review of Proposed Legislative Priority List and Discussion of Potential Retention of Lobbyist for 2019 Virginia General Assembly Session(s) Mr. Hunt presented a Legislative Priority List to the Legislative Committee. Staff is looking for direction from the Board on whether they desire to hire a lobbyist to assist in several key areas. VACo is lobbying on the State level, but there may be things that are beneficial if we hire a lobbyist, especially on the Cherrystone Dam Project. Mr. Warren suggested researching other localities to see which are already lobbying on things such as the Dam Project to possibly partner with them on that topic. Motion by Mr. Davis, second by Mr. Farmer, to authorize Staff to put this list in the form of a Resolution to be brought before the full Board at their December Meeting. (e) Discussion of Potential Revision to Noise Ordinance Mr. Hunt explained that Mr. Haskins, Commonwealth’s Attorney, recently had a case where he was unable to prosecute a particular charge relating to our Noise Ordinance due to a missing link in the current Code. The current Code references 40-60, which is wrong and should be 41-6. This will enable him to charge people for violations of the Noise Ordinance, and the way it is now he is unable to do so, because the Code is referencing a broken link. Motion by Mr. Davis, second by Mr. Farmer, to authorize Staff to advertise for a Public Hearing and bring before the full Board at their December Meeting. (f) Discussion of Potential Nuisance Animals Ordinance Mr. Hunt stated there have been several situations brought to Board Members’ attention concerning nuisance animals. This will only apply to domestic animals, and it will allow the Animal 7.a.c Packet Pg. 27 Attachment: 11-29-2018 Legislative Committee Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Legislative Committee November 29, 2018 Control officers to have some authority to do something, without an actual attack. This will be at the discretion of the Animal Control Officer and unique to each situation. There was consensus of the Legislative Committee to bring back to the Board during a Work Session in the future to review. (g) Discussion of Potential Grass and Weeds Ordinance Mr. Hunt brought before the Committee a potential Grass and Weeds Ordinance, which is allowed by the State. This is just to see if the Board has an appetite for something such as this, or to leave as is. This was attempted several years ago, and it was not successful in coming out of the Committee and being brought before the full Board. The proposed Ordinance would be limited to R- 1 only, and would also be based on phone complaints that are not anonymous. After some discussion, there was consensus from the Legislative Committee to bring this item back in the new year for future discussion. (h) Discussion of Potential Revisions to Inoperable Vehicles Ordinance Mr. Hunt stated the County currently allows three (3) or fewer inoperable vehicles to be kept on a property provided that each vehicle is shielded or screened for view by covers or vegetation. There have been suggestions by Board Members to potentially revise the inoperable vehicles ordinance, because the three (3) vehicle limit may fit some Districts, but not others. This would be complaint-based and could be restricted to R-1. After discussion, there was consensus from the Legislative Committee to bring this item back in the new year for discussion at a future Work Session. Adjournment Motion to adjourn made by Mr. Farmer, seconded by Mr. Davis. Mr. Scearce adjourned the Meeting at 5:50 PM. 7.a.c Packet Pg. 28 Attachment: 11-29-2018 Legislative Committee Meeting Minutes - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business December 6, 2018 Thursday, December 6, 2018 Meeting VIRGINIA: The Pittsylvania County Board of Supervisors Strategic Planning Meeting was held on Thursday, December 6, 2018, in Room 206 of the Institute for Advanced Learning and Research, 150 Slayton Avenue, Danville, Virginia 24540. Robert W. Warren, Chairman, called the Meeting to Order at 5:30 PM. The following Members were present: Elton W. Blackstock Staunton River District Tim R. Barber Tunstall District Ben L. Farmer Callands-Gretna District Ronald S. Scearce Westover District Robert W. “Bob” Warren Chatham-Blairs District Charles H. Miller, Jr. Banister District Mr. Joe B. Davis was absent. Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard Hicks, Assistant County Administrator for Operations; and Mrs. Kim Van Der Hyde, Director of Finance, were present. Motion to Approve the Agenda made by Dr. Miller, seconded by Mr. Barber. Dr. Joey Faucette continued the Board’s year-long Strategic Planning Discussion for the next year and beyond. A draft of said plan is attached hereto. Plans concerning future Board retreats were discussed. Adjournment Mr. Warren adjourned the Meeting at 8:10 PM. __________________________________________ Robert W. “Bob” Warren, Chair Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.a.d Packet Pg. 29 Attachment: 12-06-2018 Strategic Plan Discussion - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; December 6, 2018 Pittsylvania County Board of Supervisors Strategic Plan Objectives-Action Plan 1. Economic Development a. Clearly define ED metrics for excellence and focus efforts there, e.g., type and quality of jobs, multiplier effect, environmental impact. Educate BOS and RIFAs better. 2019 – Community ED Strategy Report (Spring-May) Adopt incentive matrix by RIFA’s/City of Danville b. Examine workforce development re. “next big thing” (prompt DCC/PCS partnership). 2019 – ED meet with schools to determine workforce needs (completing of ED study will shed light on these needs) Expand partners to determine the “next big thing” i. Grant for internships, professional development, and mentorships 2020 ii. Increase the number and percentage of bachelor’s degrees and specialized certificates among County citizens 2021 (TFN) c. Assess, develop strategy, and then address infrastructure needs. Build a better relationship with PCSA re. ED 2019 – Joint meeting with BOS, PCSA, IDA, and Planning Commission to plan collaborative partnerships Status update of infrastructure in the County for ED with a report being presented to group listed above d. Evaluate and build sports parks and facility: i. 2019 – Complete Regional Study with Danville and evaluate results ii. 2021 – Based on evaluation of results, begin implementation or re-strategize and update Recreation Master Plan -Seek Public/Private Partnerships with churches and colleges/universities (i.e. Liberty and Thomas Road Baptist Church) who may be 7.a.d Packet Pg. 30 Attachment: 12-06-2018 Strategic Plan Discussion - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; December 6, 2018 interested in helping to create a sports complex in the area iii. 2029 – Project completed e. Evaluate current state of tourism efforts, strategize, and address specifically: i. 2019 – Effectiveness of Chamber of commerce tourism contribution. ii. Marketing of Pittsylvania County as tourist destination (I did not have a year on this one) iii. 2021 – Assess, capture, and include in Recreation Master Plan all-natural environment assets, e.g., river and bike trails. Update recreation Master Plan Develop strategies to identify events that put us on the map- bike trails, Sparta races, kayaking, canoeing, etc. 7.a.d Packet Pg. 31 Attachment: 12-06-2018 Strategic Plan Discussion - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; December 6, 2018 2. Financial Stability a. Define metrics, accountabilities, and funding priorities for financial stability in 2029, 2024, with projections between, and include audits and guidelines. 2019 – Establish funding priorities before budget process (January/February) -Establish guidelines for a funding strategy to establish a CIP Reserve Fund. (An idea was to review debt service payments annually and as debt is paid off, the difference in this reduction could be rolled into a CIP reserve fund) -Update FMA (Financial Management & Accounting Policy)(January/February) and adopt changes to policy in February (maybe include COLA guidelines) -Identify refunding opportunities -Create timeline for debt needs and use of debt thru 2024 -Adopt CIP based on the current debt capacity -Identify Long-term CIP-funded by debt -Identify Annual CIP-funded by annual appropriation -Identify Schools CIP Enhanced request thru 2029- Joint meeting with BOS and School Bd (Staffs meet 1st Quarter 2019 and joint meeting with Board 3rd Quarter 2019 -Review and establish fund balance reserve requirements b. Develop a better strategy for getting and implementing funding from state and national sources. 2019 – Create Legislative priorities and adopt priorities by October 2019 for 2020. 2020 – Affirmation of support for the pay plan and evaluation System -Review employee benefits 2021 – Hire and fund a lobbyist -Establish target goals for fund balance amounts for each year 2024 – Review and re-establish fund balance priorities 2029 – Review and re-establish fund balance priorities 7.a.d Packet Pg. 32 Attachment: 12-06-2018 Strategic Plan Discussion - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; December 6, 2018 3. Strategically partner with education providers that include and aren’t limited to PCS, DCC, Averett University, IALR, Haas Center, and Liberty University a. Provide infrastructure support for education that includes broadband/internet provision for all households. 2019 – Identify partners and work with them to develop (write) a plan and access funds set aside by the governor 2021 – Establish broadband authority commission and consider establishing an entity to own the plan 2024 – Provide broadband availability to 90% of the County Citizens (Dr. Joey to get % from Matt concerning current numbers utilizing available broadband) b. Prioritize educational opportunities more by promoting partnerships. Begin and/or strengthen relationship immediately. 2019 – Develop a plan to meet with each of the colleges with PCS and hold a stakeholder kick-off meeting 2021 – Identify areas to collaborate together 2024 – Put in place areas that have been previously established c. Review School assets/staff (i.e. Career and Technical Center) to be utilized to teach adults during evenings and in the summer. 7.a.d Packet Pg. 33 Attachment: 12-06-2018 Strategic Plan Discussion - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; December 6, 2018 4. Increase and improve citizen engagement a. Re-examine the appointed Boards process to raise the level of excellence through professional development. 2019 – Quarter 1 (CY) -Develop a calendar of Boards to make presentations to the BOS -Quarter 3 (CY) -Begin presentations -Require a formal application for all appointed boards -Set a preferred threshold for board service based on certain qualifications that factor in the duties and responsibilities for these boards -Review term limits for Board appointees so that BOS board members can determine who they would like to appoint since many board appointees are inherited as new BOS members are elected 2021 – Require annual professional development for Board members and provide/identify funding for this training b. Develop strategy for reaching those who want to be engaged using best media. 2019 – Evaluate the need for a Public Information Officer and identify funding for the position/maybe use a college intern to help with this work TBD – Hire as soon as funding is secured c. Develop strategy for and create Citizens Academy. 2021 – Develop strategy and develop curriculum of Citizens Academy 2024 – Create Citizens Academy d. Engage PCS government and other social science classes to include mentoring, shadowing, and internships. 2019 - Utilize Youth Commission to give ideas to strategize -Build a mentor relationship between the School Board high school liaisons and the county’s Youth Commission 2021 – Begin the program 2024 – Full implementation 7.a.d Packet Pg. 34 Attachment: 12-06-2018 Strategic Plan Discussion - DRAFT (1422 : Minutes: November 20, 2018, Work Session and Business Meeting; Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2018-12-01: Declaration of Emergency (Staff Contact: Christopher C. Slemp) Staff Contact(s): Chris C. Slemp Agenda Date: December 18, 2018 Item Number: 7.b Attachment(s): 2018-12-01 Declaration of Emergency - Winter Storm Reviewed By: SUMMARY: Due to the Winter Storm on December 9, 2018, a Local County Declaration of Emergency was issued. FINANCIAL IMPACT AND FUNDING SOURCE: The storm created minimal financial impact. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2018-12-01 (attached) as presented. MOTION: “I make a Motion to approve Resolution # 2018-12-01 as presented.” 7.b Packet Pg. 35 DEPARTMENT OF PUBLIC SAFETY P.O. Box 426 Chatham, Virginia 24531 Phone (434) 432-7920 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. DECLARATION OF LOCAL EMERGENCY RESOLUTION # 2018-12-01 December 8, 2018 WHEREAS, Christopher C. Slemp, Pittsylvania County’s Director of Emergency Services, finds the following: 1. That due to severe winter weather on December 9th, Pittsylvania County, Virginia (the “County”), is facing dangerous conditions; 2. The National Weather Service in Blacksburg, Virginia, issued a winter storm warning on December 8, 2018; and 3. That due to excessive snow accumulation, roads are impassable, and power outages are very possible, a condition of extreme peril to life and property necessitates the proclamation of the existence of a local emergency. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an Emergency does now/or did exist throughout the County; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said Emergency, the powers, functions, and duties of the County’s Emergency Management Organization shall be/were those prescribed by State Law and the County’s Ordinances, Resolutions, and approved plans to mitigate the effects of said Emergency. Effective: December 8, 2018 _____________________________________ Robert W. (“Bob”) Warren Chairman, Pittsylvania County Board of Supervisors ATTEST: _________________________ David M. Smitherman Clerk, Pittsylvania County Board of Supervisors/County Administrator 7.b.a Packet Pg. 36 Attachment: 2018-12-01 Declaration of Emergency - Winter Storm (1416 : Resolution # 2018-12-01: Declaration of Emergency) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2018-12-02: Tunstall High School Theatre Group, State Championship (Contact: Supervisor Warren); (Kristen Williams and THS Theatre Group will be present to accept) Staff Contact(s): Supervisor Warren Agenda Date: December 18, 2018 Item Number: 7.c Attachment(s): 2018-12-02 THS Theatre Group Resolution Reviewed By: SUMMARY: Tunstall High School’s Theatre Group has been recognized for its success at the State Theatre Festival. The Group traveled to Monticello High School on December 3, 2018, where they won the Class 3 Virginia High School League State Champion Title for its performance of This Side of Heaven. The Group’s hard work and dedication is admirable, and the Group has brought great pride to the County. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution #2018-12-02 honoring Tunstall High School’s Theatre Group for its accomplishment at the State Competition. MOTION: “I make a Motion to approve Resolution #2018-12-02 honoring Tunstall High School’s Theatre Group for its accomplishment at the State Competition.” 7.c Packet Pg. 37 Pittsylvania County Board of Supervisors RESOLUTION #2018-12-02 VIRGINIA: At the Pittsylvania County Board of Supervisors’ Business Meeting on Tuesday, December 18, 2018, the following Resolution was adopted honoring Tunstall High School’s Theatre Group: WHEREAS, on December 3, 2018, Tunstall High School students traveled to Monticello High School in Charlottesville for the State Theatre Festival , where they won the Class 3 Virginia High School League State Champion Title for their performance of This Side of Heaven; and WHEREAS, this State Championship is the first that Tunstall High School has received in Theatre; and WHEREAS, after competing in the Regional Competition on October 27, 2018, in Christiansburg, Virginia, the Theatre Group qualified for the State Championship; and WHEREAS, under the direction of Kristen Williams, Theatre Arts Teacher at Tunstall High School, the Theatre Group consists of Mary-Catherine Jones, Camron Beale, Carter Mills, Kimberly Shogan, and Gavin Draughn; and WHEREAS, since the shows were “mobile,” each school had to “load in” their sets and props and wait for their set up. They had a set up time of five (5) minutes, thirty-five (35) minutes of show run time, and five (5) minutes to clear the stage of sets and props; and WHEREAS, they competed alongside William Monroe High School from Standardsville, Virginia, Brookville High School from Lynchburg, Virginia, and New Kent High School from New Kent, Virginia, and were able to win the State Championship Title. NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby express their deepest congratulations and admiration to the Tunstall High School Theatre Group for its accomplishments at the State Competition; and BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Tunstall High School. Given under my hand this 18th day of December, 2018. ________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors 7.c.a Packet Pg. 38 Attachment: 2018-12-02 THS Theatre Group Resolution (1433 : Resolution # 2018-12-02: Tunstall High School Theatre Group, State Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2018-12-03: Legislative Priority List (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: December 18, 2018 Item Number: 7.d Attachment(s): 2018-12-03 Legislative Priority List Resolution Reviewed By: SUMMARY: At a recent Legislative Committee (“LC”) Meeting, the LC recommended the Board adopt the attached 2019 Legislative Priority List. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2018-12-03 containing the Board’s 2019 Legislative Priority List as presented. MOTION: “I make a recommendation to approve and adopt Resolution # 2018-12-03 containing the Board’s 2019 Legislative Priority List as presented and forward a copy to all local State Legislators.” 7.d Packet Pg. 39 Pittsylvania County Board of Supervisors RESOLUTION # 2018-12-03 VIRGINIA: At the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Tuesday, December 18, 2018, the following Resolution was adopted: WHEREAS, the Board has proposed the following for its 2019 Legislative Priority List: 1. Berryhill Connector Road and Intermodal Funding; 2. Cherrystone and Roaring Fork Dam Rehabilitation Funding; 3. Repurposing of CPMT Fine for School’s Success Academy at Chatham Armory; 4. County Ability to Tax same as Cities and Towns; 5. Modification to School Funding Formula; 6. Increase in Localities Ability to Tax Solar Projects ; 7. Increase in Court Cost Payments to be Used for Courthouse Facility Maintenance and/or New Construction; 8. Increase Rural Addition VDOT Funding; and 9. Additional Funding for Local Comp Board Funding Positions. NOW, THEREFORE, BE IT RESOLVED, that the Board supports and formally adopts the 2019 Legislative Priority List contained herein. Given under my hand this 18th day of December, 2018. ______________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors ATTEST: ________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors Approved As To Form: _________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 7.d.a Packet Pg. 40 Attachment: 2018-12-03 Legislative Priority List Resolution (1435 : Resolution # 2018-12-03: Legislative Priority List) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: NG 911 Grant (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: December 18, 2018 Item Number: 7.e Attachment(s): Reviewed By: SUMMARY: The Commonwealth of Virginia has been discussing and planning for Next Generation 911 (“NG 911”) for nearly a decade. With significant advances of the technology, capabilities, and functionality of an NG network, now is the time to move from planning to implementation. A primary goal of NG 911 is to ensure calls and information received in one (1) locality can be transferred to any surrounding locality, even if it is to another state. NG 911 also includes the technology to allow text to 911, which is required to be implemented under Senate Bill 418. The County is scheduled to upgrade to NG 911 during the July 2020 to December 2020 time frame. Said upgrade cost has been estimated at $58,177.03. It is also estimated that there will be a monthly recurring costs of $9,146.63 (an estimated monthly increase of $1,176.27). The current monthly recurring cost for the legacy E 911 solution is $7,970.36. The Commonwealth’s 911 Services Board has committed to funding the transitional costs for NG 911 deployment, so it is important that all such costs are identified and made part of the overall Budget. This increase will be covered by said Board for a period of twenty-four (24) months after completed deployment. This is being accomplished under a Grant being offered by said Board. At the end of this period, the entire cost will be the County’s responsibility. County Staff is requesting the Board give approval to start the process of applying for and securing the NG 911 Grant. The implementation of NG 911 will not start until mid-2020, and the County will not see any increase in its monthly recurring cost until twenty-four (24) months after NG 911 implementation. However, County Staff desires to act now to secure the Grant funding with the 911 Services Board. Said Board has determined the County’s cost after a study of the County’s 911 System, and based the cost estimates on a Fairfax County contract that authorizes the County’s eligibility to purchase the NG 911 services via Cooperative Procurement. FINANCIAL IMPACT AND FUNDING SOURCE: There is no immediate financial impact. The majority of impact will come twelve (12) months after NG 911 implementation as described above. 7.e Packet Pg. 41 RECOMMENDATION: County Staff recommends the Board authorize County Staff to move forward with potentially securing the above-referenced NG 911 Grant. MOTION: “I make a Motion authorizing County Staff to move forward with potentially securing the above - referenced NG 911 Grant.” 7.e Packet Pg. 42 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minnie Maude Charitable Trust Grant (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: December 18, 2018 Item Number: 7.f Attachment(s): Reviewed By: SUMMARY: The Public Safety Department is requesting to proceed with applying for a Grant from The JT Minnie Maude Trust to fund two (2) sets of gear extractors (large commercial washing machines and dryers) for the purpose of cleaning fire fighter turn out gear. Multiple studies have shown that fire fighter’s protective clothing can hold cancer causing carcinogens found as by-products of fires. If the County is awarded two (2) sets of gear extractors this will allow its volunteers to be able to clean their gear. The County will strategically place these at two (2) fire stations in the County that will allow all volunteers to use them. FINANCIAL IMPACT AND FUNDING SOURCE: This will require no matching funds to purchase the machines. RECOMMENDATION: It is recommended that the Board approve the request as presented. MOTION: “I make a Motion to approve the JT Minnie Maude Grant application and authorize the County Administrator to sign all related necessary documentation.” 7.f Packet Pg. 43 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: IDA Economic Development Announcement (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matt D. Rowe Agenda Date: December 18, 2018 Item Number: 8.a Attachment(s): Reviewed By: Matthew D. Rowe, Economic Development Director, and IDA Members will be present for a significant IDA\ Economic Development announcement. 8.a Packet Pg. 44 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-18-027; EST Enterprises, LLC, & James B. Hunt, Sr.; Westover Election District A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides/Supervisor Scearce) Staff Contact(s): Gregory L. Sides Agenda Date: December 18, 2018 Item Number: 10.A.1 Attachment(s): EST ENTERPRISES, LLC - CASE R-18-027 EST ENTERPRISES, LLC - CASE R-18-027 MAP Reviewed By: SUMMARY: In Case R-18-027, EST Enterprises, LLC, & James B. Hunt, Sr., Petitioners, have petitioned to rezone 1.944 acres (part of 132.24 acres), shown as part of GPIN # 1368-90-4686, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District. They are also petitioning to rezone 0.715 acre (part of 2.24 acres), shown as part of GPIN # 1368-71-7143, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with the adjacent parcels zoned R-1 and A-1, respectively). The parcels are located on Horseshoe Road and Gemstone Lane in the Westover Election District. The Planning Commission, with no opposition, recommended granting the Petitioners’ request. The County Staff Summary is contained in the Board Packet. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.1 Packet Pg. 45 10.A.1.a Packet Pg. 46 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 47 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 48 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 49 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 50 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 51 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 52 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 53 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 54 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 55 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 56 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 57 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 58 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 59 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 60 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 61 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 62 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 63 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) 10.A.1.a Packet Pg. 64 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 (1412 : Rezoning Case R-18-027) Legend Parcels Parcel ID Number Address Points Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: EST ENTERPRISES, LLC - CASE R-18-027 Date: 10/31/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.1.b Packet Pg. 65 Attachment: EST ENTERPRISES, LLC - CASE R-18-027 MAP (1412 : Rezoning Case R-18-027) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-18-028; Gerald Redd Roach; Tunstall Election District, RC-1, Residential Combined Subdivision District, to B- 2, Business District, General (Staff Contact: Gregory L. Sides/Supervisor Barber) Staff Contact(s): Gregory L. Sides Agenda Date: December 18, 2018 Item Number: 10.A.2 Attachment(s): ROACH - CASE R-18-028 ROACH - CASE R-18-028 MAP Reviewed By: SUMMARY: In Case R-18-028, Gerald Redd Roach, Petitioner, has petitioned to rezone 0.71 of an acre from RC-1, Residential Combined Subdivision District, to B-2, Business District, General (for sales, service, and repair of vehicles (a used car lot)). The parcel is located on Martinsville Highway in the Tunstall Election District. Once the property is rezoned to B-2, all uses listed under Pittsylvania County § 35-365 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is contained in the Board Packet. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.2 Packet Pg. 66 10.A.2.a Packet Pg. 67 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 68 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 69 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 70 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 71 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 72 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 73 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 74 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 75 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 76 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 77 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 78 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 79 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 80 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 81 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 82 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 83 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 84 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) 10.A.2.a Packet Pg. 85 Attachment: ROACH - CASE R-18-028 (1413 : Rezoning Case R-18-028 Gerald Redd Roach) Legend Parcels Parcel ID Number Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: ROACH - CASE R-18-028 Date: 10/31/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.2.b Packet Pg. 86 Attachment: ROACH - CASE R-18-028 MAP (1413 : Rezoning Case R-18-028 Gerald Redd Roach) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-18-029; Russell A. Eades; Staunton River Election District, A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Staff Contact: Gregory L. Sides/Supervisor Blackstock) Staff Contact(s): Gregory L. Sides Agenda Date: December 18, 2018 Item Number: 10.A.3 Attachment(s): EADES - CASE R-18-029 EADES - CASE R-18-029 MAP Reviewed By: SUMMARY: In Case R-18-029, Russell A. Eades, Petitioner, has petitioned to rezone 3.821 acres, (part of 26.61 acres), from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with the adjacent parcels of land zoned R-1). The parcel is located on Clover Road in the Staunton River Election District. Once the property is rezoned, all uses listed under Pittsylvania County § 35-222 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is contained in the Board Packet. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.3 Packet Pg. 87 10.A.3.a Packet Pg. 88 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 89 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 90 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 91 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 92 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 93 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 94 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 95 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 96 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 97 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 98 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 99 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 100 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 101 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 102 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 103 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 104 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 105 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) 10.A.3.a Packet Pg. 106 Attachment: EADES - CASE R-18-029 (1414 : Rezoning Case R-18-029 Russell A. Eades) Legend Parcels Parcel ID Number Address Points Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: EADES - CASE R-18-029 Date: 11/5/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.3.b Packet Pg. 107 Attachment: EADES - CASE R-18-029 MAP (1414 : Rezoning Case R-18-029 Russell A. Eades) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-18-030; Charles S. Thornton, Trustee; Callands-Gretna Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides/Supervisor Farmer) Staff Contact(s): Gregory L. Sides Agenda Date: December 18, 2018 Item Number: 10.A.4 Attachment(s): THORNTON - CASE R-18-030 THORNTON - CASE R-18-030 Reviewed By: SUMMARY: Case R-18-030, Charles S. Thornton, Trustee and Petitioner, has petitioned to rezone 4.60 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with adjacent parcels of land zoned A-1 (the family farm)). The parcel is located on Museville Road in the Callands-Gretna Election District. Once the property is rezoned, all uses listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is contained in the Board Packet. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for their review and consideration. 10.A.4 Packet Pg. 108 10.A.4.a Packet Pg. 109 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 110 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 111 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 112 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 113 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 114 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 115 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 116 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 117 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 118 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 119 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 120 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 121 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 122 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 123 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 124 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) 10.A.4.a Packet Pg. 125 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) Legend Parcels Parcel ID Number Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: THORNTON - CASE R-18-030 Date: 10/31/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.4.b Packet Pg. 126 Attachment: THORNTON - CASE R-18-030 (1415 : Rezoning Case R-18-030 Charles S. Thornton, Trustee) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: PCC § 41-5(B), Noise Ordinance Revision (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: December 18, 2018 Item Number: 10.B.1 Attachment(s): 12-18-2018 Public Hearing Notice -Noise Ordinance Noise Ordinance Revision 2018 Reviewed By: SUMMARY: At the recent Legislative Committee (“LC”) Meeting, the LC, following a request from Bryan Haskin, Commonwealth’s Attorney, unanimously voted to recommend the attached revision to PCC § 41-5(B) to the full Board for action following the conducting of the legally required Public Hearing. Said change to PCC § 41-5(B) would replace the reference therein of Section 40-60 to Section 41-6; thereby, removing a “dead” PCC Section and replacing it with a “live” PCC Section containing a chart entitled “Maximum Sound Pressure Levels” that will allow Haskins to fully prosecute potential future Noise Ordinance violations. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of the revision to PCC § 41-5(B) as presented. MOTION: “I make a Motion to approve the revision to PCC § 41-5(B) as presented.” 10.B.1 Packet Pg. 127 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, December 18, 2018, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on the proposed amendment to the Pittsylvania County Code (“PCC”) § 41-5(B) to reflect the correct referenced table entitled “Maximum Sound Pressure Levels” is in PCC § 41-6 and not “Section 40-60.” A full text of the proposed PCC amendment is available in the Office of the County Administrator, County Administration Building, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.1.a Packet Pg. 128 Attachment: 12-18-2018 Public Hearing Notice -Noise Ordinance (1430 : Public Hearing: Noise Ordinance Revision) PCC SEC. 41-5. PROHIBITED NOISE, GENERALLY. A. It shall be unlawful for any person to make, continue to make, or cause to be made or continued, a noise disturbance in the County. B. No person shall operate or permit to be operated or participate in the operation of any stationary noise source or any source of sound or noise which generates a sound pressure level exceeding the limits set forth in the table entitled "Maximum Sound Pressure Levels", contained in Section 41- 640-60 of this Chapter, when measured at or outside the property boundary of the noise source or at any point within any other property affected by the noise. When a noise source can be identified and its noise measured in more than one (1) zoning district classification, the limits of the most restrictive classification shall apply. C. No person shall operate or permit to be operated a motor vehicle on a public right -of-way which generates a sound pressure level exceeding the limits set forth in the table entitled "Motor Vehicle Maximum Sound Pressure Levels", contained in Section 40-70 of this Chapter, when measured at a distance of thirty (30) feet or more away from and off of the public right -of- way. D. No person shall operate or permit to be operated any stationary noise source or any source zone, which disturbs or annoys the occupants thereof, or unreasonably workings or functions of the normal noise Sensitive zone. E. No person shall engage in any of the following among others, which are declared to be loud, disturbing and unnecessary noise in Chapter, but such enumeration shall exclusive: (1) Radios, phonographs, etc. No person shall operate or permit the playing of any radio, phonograph, music sound system, or similar device which produces, reproduces, or amplifies sound or any musical instrument on any public sidewalk or right-of-way or on any other publicly owned property or on any privately-owned property in such a manner or with such volume to disturb or annoy the quiet, comfort or repose of reasonable persons. (2) Yelling, shouting, etc. No person on or in any public sidewalk, street or right-of-way or on any other publicly owned property or on any privately-owned property shall engage in yelling, shouting, hooting, whistling or singing in such a manner or with such volume as to disturb or annoy the quiet, comfort or repose of reasonable persons. (3) Loudspeakers, amplifiers, etc. for advertising. No person shall use or permit the use of any musical instrument, radio, phonograph, sound amplifier or device of any kind whereby sound is cast on any highway, street or across property boundaries for the purpose of advertising or attracting the attention of the public to any performance, show, sale or display or merchandise or to any building or structure between the hours of 9:00 p.m. and 7:00 a.m. The use of such devices shall be permitted at other times provided they are not operated in such a manner or with such volume as to disturb or annoy the quiet, peace or repose of reasonable persons. 10.B.1.b Packet Pg. 129 Attachment: Noise Ordinance Revision 2018 (1430 : Public Hearing: Noise Ordinance Revision) (4) Shouting and crying of peddlers, etc. The shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood, is prohibited. (5) Animals. No person shall keep or permit the keeping of any animal which, by causing frequent or long continued noise, shall disturb the quiet, comfort or repose of the neighborhood to such an extent as to constitute a nuisance. (6) Motor vehicle amplified sound. No person shall operate or permit the use or operation of any radio receiving set or any tape player or any other device which produces, reproduces or amplifies sound in a motor vehicle in such a manner that the sound is plainly audible by a human being of normal sensitivity more than seventy-five (75) feet from the motor vehicle. (7) Motor vehicle horns. Sound or permit the sounding of any horn, whistle or other device on or in a motor vehicle that can be heard more than seventy-five (75) feet from the motor vehicle, except as a warning of danger. 10.B.1.b Packet Pg. 130 Attachment: Noise Ordinance Revision 2018 (1430 : Public Hearing: Noise Ordinance Revision) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: "Residential Addiction Treatment Group Home" Addition to PCC Ch. 35 (Staff Contact: Gregory L. Sides) Staff Contact(s): Gregory L. Sides Agenda Date: December 18, 2018 Item Number: 10.B.2 Attachment(s): 12-18-2018 Public Hearing Notice -PCC Code Ch 35 Chapter 35 Proposed amendments to the following sections of the Pittsylvania County Code Reviewed By: SUMMARY: The County’s Planning Commission (“PC”) held a Public Hearing on November 8, 2018, on a proposed change to Chapter 35 of the Pittsylvania County Code (“PCC”) to permit a Residential Addiction Treatment Group Home as a Special Use. The definition to be added to the Ordinance is: Residential Addiction Treatment Group Home – Residential group homes for the treatment of recovering drug and alcohol addictions. The proposed revision would allow these homes, with a Special Use Permit, in the following zoning districts: A-1, Agricultural District, R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District. The PC unanimously recommended approval of this proposed Ordinance revision to the Board. The Board is now legally required to conduct a Public Hearing and vote on whether to approve the proposed revision. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: There is a demonstrated need for addiction treatment facilities in the County. With these revisions, no Residential Addiction Treatment Group Home could be approved without going through the Special Use Permit process, which requires a Public Hearing by both the PC and the BZA. County Staff recommends approval of the proposed revisions to PCC Chapter 35. MOTION: “I make a Motion to approve the proposed amendments to PCC Chapter 35, as advertised, allowing a Residential Addiction Treatment Group Home as a Special Use in the A-1, R-1, and RC-1 zoning districts.” 10.B.2 Packet Pg. 131 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, December 18, 2018, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on proposed amendments to the following sections of the Pittsylvania County Code (“PCC”) for a “Residential Addiction Treatment Group Home:” PCC § 35-35 (Definitions); PCC § 35-179 (Special Uses; A-1); PCC § 35-223 (Special Uses; R-1); and PCC § 35-268 (Special Uses; RC-1). A full text of the proposed PCC amendments is available in the Office of the County Administrator, County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.2.a Packet Pg. 132 Attachment: 12-18-2018 Public Hearing Notice -PCC Code Ch 35 (1431 : Public Hearing: "Residential Addiction Treatment Group Home" PROPOSED AMENDMENTS TO PITTSYLVANIA COUNTY CODE CHAPTER 35 Proposed addition to Pittsylvania County Code, Chapter 35, Section 35- 35, General Usage Terms: Residential Addiction Treatment Group Home – Residential group homes for the treatment of recovering drug and alcohol addictions. This use to be added to the following sections to be permitted only by special use permit: 35-179 Special Uses – A-1, Agricultural District; 35-223 Special Uses – R-1, Residential Suburban Subdivision District; 35-268 Special Uses – RC-1, Residential Combined Subdivision District, 10.B.2.b Packet Pg. 133 Attachment: Chapter 35 Proposed amendments to the following sections of the Pittsylvania County Code (1431 : Public Hearing: "Residential Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Indigent/Elderly Tax Exemption Revisions to PCC § Ch. 6-6 (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: December 18, 2018 Item Number: 10.B.3 Attachment(s): 12-18-2018 Public Hearing Notice -Elderly and Indigent Partial Real Estate Tax Exemptions Elderly Exemption 2018 Revisions Reviewed By: SUMMARY: At the recent Legislative Committee (“LC”) Meeting, the LC unanimously a pproved recommending to the full Board a revision to Pittsylvania County Code (“PCC”) § 6 -6 raising the current elderly/indigent real estate tax exemption annual income threshold from $18,000 to $25,000, and raising the total exemption cap from $300 to $450. FINANCIAL IMPACT AND FUNDING SOURCE: The raising of the of the indigent/elderly tax exemption threshold will have a negative financial impact on the County’s tax revenue; however, its full extent is unknown at this time. RECOMMENDATION: County Staff recommends approval of the revisions to PCC § 6-6 as presented. MOTION: “I make a Motion to approve the revisions to PCC § 6-6 as presented.” 10.B.3 Packet Pg. 134 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, December 18, 2018, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on proposed amendment to Pittsylvania County Code (“PCC”) § 6-6 raising the Elderly and Indigent Partial Real Estate Tax Exemption threshold from $18,000 to $25,000 annual household income with a cap at $450 for total annual tax relief. A full text of the proposed PCC amendment is available in the Office of the County Administrator, County Administration Building, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.3.a Packet Pg. 135 Attachment: 12-18-2018 Public Hearing Notice -Elderly and Indigent Partial Real Estate Tax Exemptions (1429 : Public Hearing: Indigent/Elderly Page 1 of 4 PITTSYLVANIA COUNTY CODE SEC. 6-6. EXEMPTION ON REAL ESTATE OF CERTAIN ELDERLY AND DISABLED PERSONS. 1. Purpose. In accordance with Virginia Code § 58.1-321, 1950, as amended, the Board of Supervisors hereby deems those elderly persons or permanently and totally disabled persons who fall within the provisions of this article to be bearing an extraordinary tax burden on the real estate and manufactured homes defined herein in relation to their income and net worth. 2. Definitions. a. “dwelling" shall mean the full-time residence and domiciliary, including a manufactured or mobile home, of the person claiming the exemption. b. "elderly" shall mean a person not less than sixty-five (65) years of age as of December 31 of the year prior to the year for which exemption is requested. c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and not the assessed value, as shown on the records of the Commissioner of Revenue. When applied to personal prop b. "elderly" shall mean a person not less than sixty-five (65) years of age as of December 31 of the year prior to the year for which exemption is requested. c. "fair market value" shall mean, when applied to real estate, based upon the appraised value, and not the assessed value, as shown on the records of the Commissioner of Revenue. When applied to personal property, fair market value shall mean the actual value as appraised by the Commissioner of Revenue. d. "income" shall mean total gross income from all sources, without regard to whether a tax return is actually filed. Income shall not include life insurance benefits or receipts from borrowing or other debt. e. "manufactured or mobile home" means a structure subject to federal regulation, which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode; or is three-hundred and twenty (320) or more square feet when erected on site; is built on a permanent chassis; and is designed to be used as a single family dwelling, with or without a permanent foundation. f. "permanently and totally disabled" shall mean unable to engage in any substantially gainful activity by means of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life. g. "real estate" shall mean real property and dwelling structures, and shall include manufactured or mobile homes which are presently being used as a dwelling, and are connected to the required utilities including plumbing, heating, air conditioning, and electrical utilities. h. "relative" shall mean any relation by blood or marriage. 10.B.3.b Packet Pg. 136 Attachment: Elderly Exemption 2018 Revisions (1429 : Public Hearing: Indigent/Elderly Tax Exemption Revision) Page 2 of 4 i. “taxable year" shall mean the calendar year, from January 1 until December 31, for which exemption is claimed. 3. General Provisions. A. Real estate owned and occupied as the sole dwelling of a person or persons who are not less than sixty-five (65) years of age or who are determined to be permanently and totally disabled are exempted from so much of the County Real Estate Taxes as provided for in Section 4 hereof, subject however to the following restrictions and conditions, in addition to those set out elsewhere in this section: 1. The combined annual income shall be based on adding together the income received during the preceding calendar year, without regard to whether a tax return is actually filed, by (i) owners of the dwelling who use it as their principal residence, (ii) owners' relatives who live in the dwelling, except for those relatives living in the dwelling and providing bona fide caregiving services to the owner whether such relatives are compensated or not, and (iii) nonrelatives of the owner who live in the dwelling except for bona fide tenants or bona fide caregivers of the owner, whether compensated or not, shall not exceed eighteen thousand (18,000.00) dollars per year; provided that the first four thousand ($4,000.00) dollars of annual income of each relative/nonrelative, other than the spouse of the owner, shall not be included in such totals; and 2. That the net combined financial worth, including equitable interests, of the owners and of the spouse of any owner, excluding the value of the dwelling and the land upon which it sits, not exceeding one acre, does not exceed sixty thousand ($60,000.00) dollars as of the 31st day of December of the immediatel y preceding calendar year, and through the taxable year to which such exemption is to apply. B. The person or persons claiming such exemptions shall file annually, after the (1st) day of January but not later than the fifteenth day of February, with the Commissioner of Revenue of Pittsylvania County, Virginia, or such other agent or officer as may be designated by the commissioner, on forms supplied by the County, an Affidavit setting forth the names of related persons occupying the real estate for which the exemption is claimed, their total combined net worth, including equitable interests and the combined income from all sources of all persons specified. The application deadline may be extended on the approval of the Commissioner of Revenue, if the applicant is applying for the exemption for the first time or in cases of hardship, and if proper application is made along with a sworn affidavit that failure to apply by the fifteenth day of February was due to reasons beyond the applicant's control. The Commissioner of Revenue shall require that the applicant, spouse, and any and all relatives living in the dwelling supply proof of age in the form of Birth Certificates or Passports or Drivers License; and proof of income in the form of copies of their W-2s, 1099-DIV, 1099- INT, 1099-MISC, 1099-R, SSA-1099 Social Security Statements, and such other documents as may be required by the Commissioner of Revenue to determine income and total combined net worth. (B.S.M. 12-19-06) C. If the person claiming the exemption is under sixty-five (65) years of age, the Affidavit filed under this section shall have attached thereto a Certification by the Social Security Administration, 10.B.3.b Packet Pg. 137 Attachment: Elderly Exemption 2018 Revisions (1429 : Public Hearing: Indigent/Elderly Tax Exemption Revision) Page 3 of 4 the Veterans Administration or the Railroad Retirement Board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the Commonwealth of Virginia, to the effect that such person is permanently and totally disabled. The affidavit of at least one such doctor shall be based upon a physical examination of such person by such doctor. The affidavit of one such doctor may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability, as defined herein. D. The fact that persons who are otherwise qualified for tax exemption are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption or deferral is sought does not continue to be the sole dwelling of such person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. 4. Exemption. (a) The exemption shall be as follows: Total Income from All Sources Tax Exemption $ 0 to $10,000 90% $10,001 to $11,000 80% $11,001 to $12,000 70% $12,001 to $13,000 60% $13,001 to $14,000 50% $14,001 to $15,000 40% $15,001 to $16,000 30% $16,001 to $18,000 20% $0 – $15,400 100% $15,401 - $16,600 90% $16,601 - $17,800 80% $17,801 - $19,000 70% $19,001 - $20,200 60% $20,201 - $21,400 50% $21,401 - $22,600 40% 10.B.3.b Packet Pg. 138 Attachment: Elderly Exemption 2018 Revisions (1429 : Public Hearing: Indigent/Elderly Tax Exemption Revision) Page 4 of 4 $22,601 - $23,800 30% $23,801- $25,000 20% (b) The total annual exemptions shall not exceed fourthree-hundred and fifty ($45300.00) dollars. (c) The tax exemption herein permitted may be granted for any year following the year of the taxpayer occupying such dwelling and owning title or partial title thereto reaches the age of sixty- five (65) years or is determined to be permanently and totally disabled. (d) If the ownership of the property for which application for exemption is made is not held solely by the applicant, or jointly with the applicant's wife, then the amount of the tax exemption percentage as provided for herein shall be in proportion to the applicant's ownership interest. 5. Changes - Ownership, income or financial worth. Any change in respect of total combined income, net combined financial worth, ownership of the dwelling exempted, or other factors, which occur during the taxable year for which the affidavit is filed, and which has the effect of a reduction or termination of any exemption, shall nullify or reduce any exemption for the then current taxable year, and the taxable year immediately following. 6. Certification to the Treasurer. The Commissioner of Revenue shall certify to the Treasurer of Pittsylvania County, Virginia, annually those persons who qualify under this article for an exemption and the amount thereof. The Treasurer shall deduct the amount of exemption from the applicant's real estate tax for that year. 7. Penalty. Any person who knowingly gives false information to support a claim for an exemption under this article, or any person who willfully fails to notify the Commissioner of Revenue or other designated officer of changes in conditions which would result in a reduction or termination of the exemption, 10.B.3.b Packet Pg. 139 Attachment: Elderly Exemption 2018 Revisions (1429 : Public Hearing: Indigent/Elderly Tax Exemption Revision) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: DSS Memorandum of Understanding (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: December 18, 2018 Item Number: 12.a Attachment(s): DSS MOU Reviewed By: SUMMARY: The County, in conjunction with the Department of Social Services (“DSS”) Board, is working collaboratively to streamline some of their financial functions, including payroll and purchasing, as well as to provide a Grievance Procedure to allow DSS employees the ability to discuss HR related issues with a non-biased third (3rd) party. The attached Memorandum of Understanding (“MOU”) outlines the services that will be provided by DSS and/or the County, along with a timeline showing when these changes will be effective. This MOU has been previously approved by the DSS Board. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends that the attached MOU be approved. MOTION: “I make a Motion to approve the attached DSS MOU as presented.” 12.a Packet Pg. 140 Page 1 of 2 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA, AND THE PITTSYLVANIA COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY This MEMORANDUM OF UNDERSTANDING (“MOU”) is hereby made and entered into by and between the Board of Supervisors of Pittsylvania County, Virginia (“BOS”), and the Pittsylvania County Department of Social Services (“DSS”). A. PURPOSE: The purpose of this MOU is to outline in reasonable detail the mutual obligations of the County and DSS regarding certain DSS functions, including, but not limited to, payroll, grievances, and procurement. The parties to this MOU hereby agree to be fully legally bound in all aspects to the below terms and conditions contained in this MOU. B. THE COUNTY AND/OR DSS SHALL: 1. Effective January 1, 2019, the DSS shall fully and completely follow and be bound by all aspects of the County’s Procurement Policy, including the Small Purchas e Credit Card Program. 2. Effective January 1, 2019, the DSS shall fully and completely follow and be bound by the County’s Grievance Policy contained in the County’s Personnel Plan. 3. The County and DSS mutually agree to assume all DSS employees into the County’s payroll system effective July 1, 2019. C. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. MODIFICATION. Modifications of this MOU shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being made. 2. PRINCIPAL CONTACTS. The principal contacts for this MOU are: A. For the County: Kimberly G. Van Der Hyde, Finance Director Kathy Yeatts, Payrolll and Benefits Specialist Connie Gibson, Procurement Manager Holly Stanfield, Human Resources Manager B. For the DSS: Christopher Spain, Department of Social Services Director Renee Shumate, Business Manager 12.a.a Packet Pg. 141 Attachment: DSS MOU (1420 : DSS Memorandum of Understanding (MOU)) Page 2 of 2 3. COMMENCEMENT/EXPIRATION DATE. This MOU is executed as of the date of the last signature below, and is effective until terminated by either party by giving the other party at least ninety (90) days’ written notice. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last date written below. WITNESS the following signatures and seals: THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA BY:_________________________________________________ PRINT NAME:________________________________________ TITLE:______________________________________________ DATE:______________________________________________ PITTSYLVANIA COUNTY DEPARTMENT OF SOCIAL SERVICES BY:_________________________________________________ PRINT NAME:________________________________________ TITLE:______________________________________________ DATE:______________________________________________ 12.a.a Packet Pg. 142 Attachment: DSS MOU (1420 : DSS Memorandum of Understanding (MOU)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Transfer of Unused Local Grant Funds for Fire/Rescue Purchases (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: December 18, 2018 Item Number: 12.b Attachment(s): Reviewed By: SUMMARY: During Hurricane Michael, it was found that the County’s Special Operations Team (“SOT”) was not adequately equipped to handle all of the medical emergencies that arose during said event. In addition to additional safety equipment and tools required by SOT, major, unexpected repairs were necessary to the Rescue One vehicle. FINANCIAL IMPACT AND FUNDING SOURCE: A total of $10,000 is needed for the purchases and repairs listed in the summary-above. These funds can be utilized from remaining local funds that are currently housed in the Grants Fund. RECOMMENDATION: County Staff recommends that the Board approve and appropriate a total of $10,000 from the Grants Fund to the Fire/Rescue FY19 Budget to cover the costs of additional SOT safety equipment and tools and for repairs to the Rescue One vehicle. MOTION: “I make a Motion to approve a transfer of $10,000 from the Grants Fund and appropriate this amount to the Fire/Rescue FY19 Budget to be used for the purchase of SOT safety equipment and tools and for repairs to the Rescue One vehicle.” 12.b Packet Pg. 143 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Award of Shell Building Design-Build RFP and Appropriation of Grant Funds (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: December 18, 2018 Item Number: 12.c Attachment(s): Reviewed By: SUMMARY: The County’s Purchasing Department issued an RFP for A/E Services for the design, contracting services, and contract administration for the construction of a 30,000 square foot building. Purchasing ran an ad in The Chatham Star Tribune, Danville Register and Bee, posted this matter on the Virginia Business Opportunity’s website, posted it on the County’s website, and posted it on the County’s public bulletin board. The County received four (4) proposal responses. Each proposal was evaluated independently by an Evaluation Committee that ranked Dewberry and Solex Architecture as the top two (2) firms to complete presentations. The Committee unanimously voted Dewberry to be the best choice for the County. FINANCIAL IMPACT AND FUNDING SOURCE: The total cost for the A/E Services is $128,200. The County has received a Southside Economic Development Grant from the Tobacco Commission in the amount of $1.5 million for this Project. This is a dollar-for-dollar matching Grant. The local share of $1.5 million will come from the selected builder for construction of the Project. Funds to cover any remaining local obligation for this Project will come from the County’s Economic Development Fund. RECOMMENDATION: County Staff recommends the Board award the above-referenced proposal to Dewberry as presented. MOTION: “I make a Motion to award the above-referenced proposal to Dewberry as presented, and appropriate a total of $1,500,000 of Grant Funds for this Project.” 12.c Packet Pg. 144 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Pittsylvania County Service Authority; Joe Rogers (Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: December 18, 2018 Item Number: 13.a Attachment(s): Reviewed By: SUMMARY: The Callands-Gretna District has a vacant position on the Pittsylvania County Service Authority (“PCSA”) beginning on January 1, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Callands-Gretna District Supervisor Farmer recommends the appointment of Mr. Joe Rogers to the PCSA for a four (4)-year term starting on January 1, 2019. MOTION: “I make a Motion to appoint Mr. Rogers to the PCSA for a four (4)-year term starting on January 1, 2019.” 13.a Packet Pg. 145