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09-17-2019 Business Meeting Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, September 17, 2019 – 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: August 14, 2019 Finance Committee, Legislative Committee, and Called Meeting; August 20, 2019 Solid Waste Committee, Work Session, and Business Meeting (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2019-09-01 Gordon and Suter Clark; National Champions; Junior Angus Show (Staff Contact: Supervisor Farmer) c. Resolution # 2019-09-02 Gretna High School Beta Club (Contact: Supervisor Farmer) d. Resolution # 2019-09-03 Karl Stauber (Staff Contact: David M. Smitherman) e. Resolution # 2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides) f. JT Minnie Maude Charitable Trust (Staff Contact: Christopher C. Slemp) g. Approval of Cherrystone and Roaring Fork Dams Watershed Agreements (Staff Contact: Richard N. Hicks) h. New Open Space Land Use Agreement for 2020 (Staff Contact: Shirley Y. Hammock) Business Meeting - September 17, 2019 i. WIB Fiscal Agent Agreement Approval (Staff Contact: Kimberly G. Van Der Hyde) 8. PRESENTATIONS a. Gordon and Suter Clark (Contact: Supervisor Farmer) b. Gretna High School Beta Club (Contact: Supervisor Farmer) c. Karl Stauber Resolution of Appreciation (Staff Contact: David M. Smitherman) d. Youth Commission Introductions (Staff Contact: Justin Price) e. Suicide Prevention Project Presentation (Staff Contact: Christopher C. Slemp; Holly Boles) 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-19-024; Plyler Properties, Inc.; Callands-Gretna Election District, A-1, Agricultural District, to RPD, Residential Planned Unit Development District (Supervisor Farmer) Case 2: Public Hearing: Rezoning Case R-19-025; Roy O. Nicholson, III, & Phyllis K. Nicholson; Staunton River Election District, RE, Residential Estates District, to A-1, Agricultural District (Supervisor Blackstock) Business Meeting - September 17, 2019 Case 3: Public Hearing: Rezoning Case R-19-026; Russell A. Eades; Staunton River Election District, MHP, Residential Manufactured Housing Park District, to R-1, Residential Suburban Subdivision District, MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District (Supervisor Blackstock) Case 4: Public Hearing: Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum; Westover Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Scearce) B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: Fire and Rescue Ordinance (Staff Contact: Christopher C. Slemp) 2. Public Hearing: Revisions to Pittsylvania County Code § 2-22, Running at Large Restrictions in Designated Areas (Staff Contact: J. Vaden Hunt, Esq.) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Budget Amendments/Appropriations (Staff Contact: Kimberly G. Van Der Hyde) 13. APPOINTMENTS 14. MATTERS FROM WORK SESSION (IF ANY) a. Public Hearing Authorization for Amendment to PCC § 6-3.1 (Staff Contact: J. Vaden Hunt, Esq.) 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Meeting; August 20, 2019 Solid Waste Committee, Work Session, and Business Meeting (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 17, 2019 Item Number: 7.a Attachment(s): 08-14-2019 Finance Committee-DRAFT 08-14-2019 Legislative Committee Meeting Minutes -DRAFT 08-14-2019 Called Meeting - DRAFT 08-20-2019 Solid Waste Committee Meeting Minutes DRAFT 08-20-2019 Work Session - DRAFT 08-20-2019 Business Meeting - DRAFT Reviewed By: 7.a Packet Pg. 4 Finance Committee August 14, 2019 Pittsylvania County Board of Supervisors Finance Committee Tuesday, August 14, 2019, Meeting VIRGINIA: The Finance Committee of the Pittsylvania County Board of Supervisors was held on Wednesday, August 14, 2019, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Ronald S. Scearce called the Meeting to Order at 3:30 p.m. The following Committee Members were present: Ben L. Farmer Charles H. Miller, Jr. Robert W. Warren The following Board Members were also present: Tim R. Barber Elton W. Blackstock Joe B. Davis Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Gregory L. Sides, Assistant County Administrator; Mrs. Kimberly Van Der Hyde, Finance Director; and Mrs. Kaylyn McCluster, Deputy Clerk, were also present. Approval of Agenda Motion made by Dr. Miller, seconded by Mr. Farmer, to approve Agenda, which was unanimously approved. New Business (a) PCSA Water Project Mr. Adcock presented an update to the Board on the PCSA’s plan to construct a new water transmission and distribution system from Henry County to Highway 29. Mr. Farmer asked if there were any long-term projects for the Northern part of the County. Mr. Adcock stated it was possible for Altavista to expand and sell to Hurt, but there is currently no demand in Hurt to push projects that direction. Mr. Warren questioned if there had been any conversation with Danville to see if they would be interested in helping to get water in those directions, and Mr. Adcock stated that Danville was aware of the Project, but the PCSA had not reached out to Danville regarding this. Mr. Warren suggested reaching out to Danville to see if it is interested and to know that the PCSA have done due diligence. Mr. Barber stated he views this as an economic development investment for opportunities and long-term planning. (b) Carry-Over Requests Mrs. Van Der Hyde presented the Departmental requests to carry unused prior fiscal year funds into the current Budget. Motion by Mr. Warren, second by Mr. Farmer, to recommend the 7.a.a Packet Pg. 5 Attachment: 08-14-2019 Finance Committee-DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Finance Committee August 14, 2019 approval of the County Administrator’s recommended FY20 Budget Amendment to the full Board, which was unanimously approved by the Finance Committee Members present. (c) Public Safety Capital Fund There was discussion proposing an Emergency Capital Reserve Fund Policy. When there are unused monies from Departments not meeting their required call volumes, this money will be placed into this Fund to address unforeseen fire and rescue needs. This will still have to be approved by the Board, and the agencies will have to give a detailed reason of why this money is needed and detailed description of how the problem occurred. Motion by Mr. Warren, seconded by Mr. Farmer, to establish the Public Safety Capital Fund with the Board having full oversight and present to the full Board, which was unanimously approved. (d) Rescue 1 Repair Request Mr. Slemp stated it would cost over $14,000 to rebuild/repair the Rescue 1 truck. There have been numerous issues with this vehicle, and it is constantly in and out of the shop for repairs. Mr. Slemp stated there is stale Grant money that can be used to cover the cost to overhaul this engine to get it ready for sale. Motion by Mr. Farmer, seconded by Mr. Warren, to allow Mr. Slemp to work with Mrs. Van Der Hyde to access the Grant funds and begin overhaul disposition. Due to time constraints, the Finance Committee allowed Mr. Spain to present Item 6d before recessing. (6d) DSS Legal Fee Reimbursement and Revenue Loss Mr. Spain informed the Committee that the Department of Social Services had failed to seek reimbursement (15.5%) for legal fees. In FY18 and 19, the unreimbursed legal fees totaled approximately $145,000, which is due to the County. Mr. Spain is seeking payment of the previous five (5) local fiscal years and that amount totals $283,994.26. Motion by Mr. Farmer, seconded by Mr. Warren, to recess the Finance Committee Meeting, which was unanimously approved. The Finance Committee recessed at 4:56 PM. Motion by Mr. Warren, seconded by Dr. Miller, to reconvene the Finance Committee Meeting, which was unanimously approved. The Finance Committee reconvened at 5:28 PM. Staff Reports (a) FY19 End-of-Year Report Mrs. Van Der Hyde gave a preliminary end-of-year report to the Committee. The billing date change and the Treasurer’s Office’s late payment posting has caused difficulty in estimating the final numbers. Generally, the only operating Department that exceeded its annual budget was the Sheriff, 7.a.a Packet Pg. 6 Attachment: 08-14-2019 Finance Committee-DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Finance Committee August 14, 2019 due to overtime expense. Overtime has increased by approximately $135,000 over the past four (4) fiscal years. (b) Sheriff’s Recruitment Promissory Notes Mr. Smitherman stated, since it’s creation on July 1, 2018, thirty-one (31) Deputies have taken advantage of the Sheriff’s Recruitment/Retention Program. There have been two (2) Deputies leave prior to the full four (4)-year Promissory Note Satisfaction Period; one (1) has repaid the bonus and one (1) has not. The County does plan to recoup these funds. (c) Registrar’s Part-Time Employees Mr. Smitherman stated that Kelly Bailess, Registrar, has hired a Part Time position that was not included in the FY2020 Budget. Mr. Smitherman had made Ms. Bailess aware numerous times that the Board would not appropriate funds to hire additional employees. The Committee recommended Staff set up a meeting with Ms. Bailess at a future Finance Committee Meeting. Motion by Mr. Warren, seconded by Dr. Miller, to recess the Finance Committee Meeting, which was unanimously approved. The Finance Committee recessed at 5:54 PM. Motion by Mr. Warren, seconded by Mr. Farmer, to reconvene the Committee Meeting, which was unanimously approved. The Finance Committee reconvened at 6:03 PM. Closed Session Motion by Mr. Farmer, seconded by Mr. Warren, to enter Closed Session, which was unanimously approved by the Finance Committee Members present. (a) Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected. 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. Legal Authority: Virginia Code §§ 2.2-3711(A)(5), (6), and (8) Subject Matter: Project 500 7.a.a Packet Pg. 7 Attachment: 08-14-2019 Finance Committee-DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Finance Committee August 14, 2019 Purpose: Discussion/Review of Potential Incentives, Expenditure of Public Funds, and Utility Agreement for Unannounced Industry The Finance Committee entered Closed Session at 6:04 PM. The Finance Committee returned to Open Session at 6:20 PM and the following certification was recorded: PITTSYLVANIA COUNTY FINANCE COMMITTEE CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Finance Committee on August 14, 2019, the Committee hereby certifies by a recorded vote that to the best of each Committee Member’s knowledge only public business matters lawfully exempted from the Open Meeting Requirements of the Virginia Freedom of Information Act (the “Code”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Minutes of the Committee. Vote Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes Adjournment Mr. Scearce adjourned the Meeting at 6:21 PM. 7.a.a Packet Pg. 8 Attachment: 08-14-2019 Finance Committee-DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Legislative Committee August 14, 2019 Pittsylvania County Board of Supervisors Legislative Committee Wednesday, August 14, 2019, Meeting VIRGINIA: The Legislative Committee of the Pittsylvania County Board of Supervisors was held on Wednesday, August 14, 2019, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Ben L. Farmer, Chairman, called the Meeting to Order at 5:00 p.m. The following Committee Members were present: Ben L. Farmer Tim R. Barber Ronald S. Scearce The following Board of Supervisors Members were also present: Joe B. Davis Elton W. Blackstock Charles H. Miller, Jr. Robert W. Warren Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Administration; and Mrs. Kaylyn M. McCluster, Deputy Clerk, were also present. Approval of Agenda Motion made by Mr. Scearce, seconded by Mr. Barber, to approve Agenda, which was unanimously approved. New Business (a) Revisions to PCC Section 2-22(b) (Running at Large Restrictions in Designated Areas) Mr. Slemp briefed the Board on how the Running at Large Restrictions can be improved. Mr. Barber stated he liked the idea of these changes, especially making it 75% of the property owners needing to be on the Petition instead of just a majority. Mr. Farmer stated that he would like for numbers 4, 5, and 8 to be looked at further. He feels that it should still be the property owner on the petition and not resident. He also thinks that the Administrative Fee being charged is not necessary. He does not want to assess these property owners an annual fee. Motion by Mr. Scearce, seconded by Mr. Barber, to recommend this item to the full Board, which was unanimously approved. (b) Revision to PCC Section 6-3.1 (Local County Tax Exemption) Mr. Hunt stated he spoke with Mr. and Mrs. Moss about this item and they have asked for this item to be tabled until they are able to be present at a future Meeting. Motion by Mr. Barber, seconded by Mr. Scearce, to table this item, which was unanimously approved. Mr. Warren 7.a.b Packet Pg. 9 Attachment: 08-14-2019 Legislative Committee Meeting Minutes -DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Legislative Committee August 14, 2019 suggested Staff to contact Ms. Hammock to see numbers on how much will be affected due to the lawnmower exemption. Adjournment Mr. Farmer adjourned the Meeting at 5:27 PM. 7.a.b Packet Pg. 10 Attachment: 08-14-2019 Legislative Committee Meeting Minutes -DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative August 14, 2019 Called Meeting Pittsylvania County Board of Supervisors Called Meeting August 14, 2019 VIRGINIA: The Called Meeting of the Pittsylvania County Board of Supervisors was held on August 14, 2019, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, called the Meeting to Order at 6:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Joe B. Davis Chairman - Dan River District Present 7:01 PM Charles H. Miller Vice Chairman - Banister District Present 6:42 PM Tim R. Barber Supervisor - Tunstall District Present 6:56 PM Elton W. Blackstock Supervisor - Staunton River District Present 7:00 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:48 PM Ronald S. Scearce Supervisor - Westover District Present 6:48 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 6:57 PM APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert W. Warren, Supervisor – Chatham-Blairs District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren NEW BUSINESS a. Award of 622/Brosville Convenience Center Paving Project Mr. Barber stated that he would like for this Contract to be approved due to the time of the year and not wanting to wait for Winter to get this Project going. Motion to approve the award of the 622/Brosville Convenience Center Paving Project. RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor – Tunstall District SECONDER: Elton W. Blackstock, Supervisor – Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren ADJOURNMENT Mr. Davis adjourned the Meeting at 6:02 PM. 7.a.c Packet Pg. 11 Attachment: 08-14-2019 Called Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Solid Waste Committee August 20, 2019 Solid Waste Committee Tuesday, August 20, 2019, Meeting VIRGINIA: The Solid Waste Committee of the Pittsylvania County Board of Supervisors was held on Tuesday, August 20, 2019, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Robert W. Warren, Chairman, called the Meeting to Order at 3:30 p.m. The following Committee Members were present: Ben L. Farmer Ronald S. Scearce Robert W. Warren The following Board Members were also present: Elton W. Blackstock Joe B. Davis Mr. David M. Smitherman, County Administrator/Clerk of the Board; 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 Mrs. Kaylyn M. McCluster, Deputy Clerk, were also present. Additions to Agenda Mr. Hicks stated that Item B on the Agenda will need to be removed due to Solid Waste haulers in Bedford County exploring a different option. Motion by Mr. Scearce, seconded by Mr. Farmer, to amend Agenda to remove Item 5B. Vote passed unanimously. Approval of Agenda Motion was made by Mr. Farmer, seconded by Mr. Scearce, to approve Agenda. Vote passed unanimously. New Business A. Discussion of Potential Solid Waste Ordinance Revisions Mr. Hicks stated that there have been several situations come up since the Solid Waste Fee has been in existence. He gave several scenarios with property owners taking particular items to convenience centers and asked for the Committee’s opinion on those situations. Mr. Hicks requested the Committee to clarify and better define “household solid waste” and provide clarification on the Ordinance and policies on how a resident and/or homeowner can dispose of residential construction and/or demolition waste generated from their primary residence. He also requested to clarify guidelines for the disposal of household solid waste and construction and/or demolition waste from income producing properties. He also requested the Committee to consider allowing citizens a particular number of pounds/tons per month at no cost for the disposal of residential construction and/or demolition wastes at the Landfill and to also look at restricting the size of the loads allowed at the Convenience Centers and possibly limiting the number of daily visits. There was discussion 7.a.d Packet Pg. 12 Attachment: 08-20-2019 Solid Waste Committee Meeting Minutes DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Solid Waste Committee August 20, 2019 between Committee and Board Members regarding creating a manned site centrally located to Highway 29 where citizens can take items (and even tires). The Committee directed County Staff to begin looking for a site to be able to weigh and charge. Charles H. Miller, Jr., joined the Meeting at 3:58 PM. C. Discuss/Prioritize Convenience Center Modifications/New Construction Mr. Hicks provided information to the Committee regarding convenience center modification estimates. There was a lot of discussion regarding the priority of modifications to existing sites or new construction to accommodate items at a centrally located site. It was suggested to take a close look at the cash flow and go ahead and begin the engineering work, use the money on hand to repair the current sites, and this would allow the process to move faster. D. Glass Recycling Presentation Diana Burkholder briefed the Committee on glass recycling. Ms. Burkholder helps to run the Gretna Wine Festival each year and was looking into what options they have for the glass bottles and found that the County does not currently have many options for glass recycling. Adjournment Mr. Warren adjourned the Meeting at 4:26 PM. 7.a.d Packet Pg. 13 Attachment: 08-20-2019 Solid Waste Committee Meeting Minutes DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative August 20, 2019 Work Session Pittsylvania County Board of Supervisors Work Session August 20, 2019 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on August 20, 2019, in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, called the Meeting to Order at 4:34 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Joe B. Davis Chairman - Dan River District Present 4:42 PM Charles H. Miller Vice Chairman - Banister District Present 4:36 PM Tim R. Barber Supervisor - Tunstall District Present 4:30 PM Elton W. Blackstock Supervisor - Staunton River District Present 4:34 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:30 PM Ronald S. Scearce Supervisor - Westover District Present 4:30 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 4:32 PM AGENDA ITEMS TO BE ADDED APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren PRESENTATIONS a. Brownfields Presentation (Staff Contact: Susan McCulloch); (15 minutes) Lori Kroll, with Draper Aden, briefed the Board on the EPA Community-Wide Brownfields Coalition Grant. Brownfields are real property with possibilities for expansion, redevelopment, and reuse, and with a potential or perceived presence of pollutants, contaminants, or petroleum products. Mr. Smitherman stated that Ms. McCulloch would get in touch with the Towns and explore and identify the options for moving forward. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Review of Solar Guidelines (Staff Contact: Gregory L. Sides); (15 minutes) Mr. Sides reviewed where the County is in terms of Solar at the present time. The County does have guidelines in place for Solar Energy Facilities. Mr. Blackstock stated his concerns about the number of Solar Facilities that will be allowed within the County. Mr. Farmer and Mr. Davis echoed Mr. Blackstock’s thoughts, and would like to see these Solar Farms be strategically 7.a.e Packet Pg. 14 Attachment: 08-20-2019 Work Session - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Work Session placed and limited. Mr. Warren also stated that he does not want to become the solar capital of Virginia and would like to continue to look at the restrictions to ensure that Solar Farms do not become an eye sore and wants to consult with the agriculture community to see all sides of this situation. Mr. Barber agreed and thinks the agriculture community needs to be involved and suggested looking at the amount of acreage per year that is put into this Program. Mr. Blackstock suggested that Mr. Hunt begin looking into this matter and see what other localities are doing regarding limitations. Mr. Warren stated his reservations with telling a citizen what they can and cannot do with their own land, but does believe there needs to be more restrictions. b. Report on Proposed Revision to Section 35-122 of the Zoning Ordinance (Commercial Kennel, Veterinary Animal Hospital) (Staff Contact: Gregory L. Sides); (10 minutes) Mr. Sides stated that County Staff has been working with a local veterinary clinic that wanted to expand its operations. The current Ordinance has stringent requirements and this particular business was not able to expand due to the number of set-back feet that is listed in the current Ordinance. County Staff recommended to the Planning Commission to strike the section regarding the set-back feet, and replace with a Special Use Permit. The Planning Commission will be reviewing this item at its September Meeting. c. HR Updates (Insurance, Benefits, and Wellness Update; Performance Evaluation Update) (Staff Contact: Holly E. Stanfield); (15 minutes) Ms. Stanfield, Human Resources Manager, gave an update to the Board regarding insurance, benefits, wellness, and performance evaluations. Due to the 1.9% decrease in premium costs, this savings will be passed on to County employees by a wellness incentive. Mrs. Van Der Hyde stated that wellness is going to be a big push, to address medical issues early on. If each adult participant on the County’s insurance visits their doctor for their yearly wellness visit, the employee will receive $125 at the beginning of December. This is a push to help decrease claims in the future since there are less than 50% of employees who participate in their annual wellness examinations. Ms. Stanfield stated there has been a performance review system created and the goal is to have this system in place by January 1, 2020, with the first formal review period at the end of 2020. d. Committee Reports (Finance Committee; Legislative Committee, Solid Waste Committee) (Staff Contacts: Kim Van Der Hyde, and J. Vaden Hunt, Esq.; Richard N. Hicks); (15 minutes) Mr. Hunt and Mrs. Van Der Hyde will handle these at the Business Meeting due to time constraints. e. Other Reports Chris Slemp was present and requested authorization to pursue a Grant for generators. If this is awarded, it would be in the Spring of 2020 and no money would have to be put up until FY 2021. Mr. Slemp is trying to get $224,000 in Grants for these generators. Worst case for the County’s share would be $56,000. There was a consensus of the Board for Mr. Slemp to pursue this Grant. 7.a.e Packet Pg. 15 Attachment: 08-20-2019 Work Session - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Work Session BUSINESS MEETING DISCUSSION ITEMS CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 6:01 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren a. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: David M. Smitherman) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Projects AF, Uniform, and 500 Purpose: Discussion of Prospective Business/ Economic Development Update b. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body (Staff Contact: David M. Smitherman) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Department Head Purpose: Discussion of Job Performance RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification (Staff Contact: J. Vaden Hunt, Esq.) The Board returned to Open Session at 6:50 PM, and the following Certification was recorded: CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on August 20, 2019, 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. 7.a.e Packet Pg. 16 Attachment: 08-20-2019 Work Session - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Work Session 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. Davis adjourned the Meeting at 6:51 PM. 7.a.e Packet Pg. 17 Attachment: 08-20-2019 Work Session - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called August 20, 2019 Business Meeting Pittsylvania County Board of Supervisors Business Meeting August 20, 2019 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on August 20, 2019, in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, 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 Joe B. Davis Chairman - Dan River District Present 6:49 PM Charles H. Miller Vice Chairman - Banister District Present 6:52 PM Tim R. Barber Supervisor - Tunstall District Present 6:52 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:54 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:53 PM Ronald S. Scearce Supervisor - Westover District Present 6:48 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 6:54 PM AGENDA ITEMS TO BE ADDED APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren a. Minutes: June 24, 2019 Economic Development Committee Meeting; July 16, 2019 Finance Committee, Work Session, and Business Meeting; August 14, 2019 Finance Committee, Legislative Committee, and Called Meeting (Staff Contact: Kaylyn M. McCluster) b. RIFA Local Performance Agreement; Gefertec (Staff Contact: David M. Smitherman) c. County/DPCS Jail Medical Billing Evaluation MOU Approval (Staff Contact: Kimberly G. Van Der Hyde) 7.a.f Packet Pg. 18 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Business Meeting d. Transfer Ownership of Canine Partner, Marvel (Contact: Sheriff Taylor) e. Resolution # 2019-08-01 SVMP Enhancement (Staff Contact: Matthew D. Rowe) f. Resolution # 2019-08-02 Library Expansion Support (Staff Contact: Lisa W. Tuite) g. Resolution # 2019-08-03 PCPL's 80th Anniversary (Staff Contact: Lisa W. Tuite) h. Resolution # 2019-08-04 Tunstall High School FFA (Supervisor Barber) i. Resolution # 2019-08-05 Logan Mills (Supervisor Farmer) j. Resolution # 2019-08-06 SkillsUSA (Supervisor Warren) k. Resolution # 2019-08-07 Chatham High School Baseball (Supervisor Warren) ITEMS REMOVED FROM CONSENT AGENDA PRESENTATIONS a. Tunstall High School FFA (Supervisor Barber) Staff and students from Tunstall High School’s FFA were present to accept Resolution # 2019- 08-04. b. Logan Mills (Supervisor Farmer) Logan Mills was present to accept Resolution # 2019-08-05. c. Pittsylvania Career and Technical Students (Supervisor Warren) Staff and students from the Pittsylvania Career and Technical Center were present to accept Resolution # 2019-08-06. d. Chatham High School Baseball Team (Supervisor Warren) Staff and students from Chatham High School's Baseball Team were present to accept Resolution # 2019-08-07. e. Library 80th Anniversary Ms. Lisa Tuite and Members of the Library Board were also present and accepted Resolution # 2019-08-03 in recognition of the Library’s 80th Anniversary. HEARING OF THE CITIZENS None. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-19-022 Daly & Others; Chatham-Blairs Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides); (Supervisor Warren) 7.a.f Packet Pg. 19 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Business Meeting Mr. Davis opened the Public Hearing at 7:39 PM. An attorney for the property was present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:41 PM. Motion to rezone 0.94 of an acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to consolidate with the adjacent A-1 land (family farm)). RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Case 2: Public Hearing: Rezoning Case R-19-023 Maxey Properties, LLC; Tunstall Election District; A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides); (Supervisor Barber) Mr. Davis opened the Public Hearing at 7:42 PM. Jessica and Brandon Driver were present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:44 PM. Motion to rezone 0.169 of an acre from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, and also to rezone 0.168 of an acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with the adjacent parcels; they are swapping property lines.). RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Other Public Hearings 1. Public Hearing: Disposition of Publicly Owned Property (Ford) (Staff Contact: J. Vaden Hunt, Esq.) Mr. Davis opened the Public Hearing at 7:46 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:49 PM. Ford Brothers LLC has offered to swap land with the County that will mutually benefit both parties. It is proposed that the County would be gifted property (at no cost) by Ford Brothers LLC located at the Old Chatham Middle School, containing a portion of a soccer field currently being used by an active local soccer club. In exchange, it is proposed that Ford Brothers LLC would be gifted two (2) lots in the Ringgold Community by the County (at no cost). Said lots were recently gifted to the County (at no cost) by their owner for taxation avoidance purposes. This matter was duly and legally advertised in the Chatham Star Tribune. 7.a.f Packet Pg. 20 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Business Meeting Motion to authorize the transfer of ownership of the identified property to Ford Brothers LLC, contingent on Ford Brothers LLC’s transfer of ownership of the property at the Old Chatham Middle School containing a portion of the soccer field to the County at no cost. RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Vice Chairman - Banister District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren 2. Public Hearing: FY2020 County Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) Mr. Davis opened the Public Hearing at 7:50 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:52 PM. Mrs. Van Der Hyde stated that Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of this Budget Amendment appeared in the Chatham Star Tribune on August 7, 2019, which satisfies the seven (7)-day requirement. Motion to approve the appropriation of the Budget Amendments totaling $1,905,487.56 to the FY2020 County Budget as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren UNFINISHED BUSINESS NEW BUSINESS a. FY20 PSAP Education Grant (Staff Contact: Christopher C. Slemp) Mr. Slemp was present and stated the PSAP Grant Program is a multi-million-dollar Grant Program (the “Program”) administered by the Virginia 9-1-1 Services Board. The purpose of the Program is to financially assist Virginia primary PSAPs with the purchase of equipment and services that support the continuity and enhancement of wireless E-911. The Education Grant is to fund additional education opportunities for 911 Centers. The County received $3,000 annually from this Grant in FY20. In FY21, the County will have an opportunity to receive up to $3,000 as well. 7.a.f Packet Pg. 21 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Business Meeting Motion to authorize the County to apply for the PSAP Grant Program as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren b. Rescue Squad Assistance Fund Grant (Staff Contact: Christopher C. Slemp) Mr. Slemp stated the Rescue Squad Assistance Fund (“RSAF”) allows EMS Agencies to apply for equipment and vehicles twice a year. The next deadline is September 15, 2019. With the increasing cost of using Delta Response Team (“DRT”) ambulances, County Staff wishes to pursue funding for an ambulance that DRT could presently operate in the County’s Hurt area. County Staff wishes to pursue an ambulance and EMS equipment Grant in the current grant cycle (September). The Board approved this same Grant application attempt last year, but the Grant was not awarded. This is a second attempt. The Grant award date is January 1, 2020, with twelve (12) months to acquire the ambulance and spend the funds. Motion authorizing County Staff to pursue the Rescue Squad Assistant Fund Grant as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren c. Pet Center Grants/Carryover Appropriations (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated that Mr. James McLaughlin, Pet Center Director, has been working diligently to secure Grants to help offset Pet Center operational costs. To that end, he has been successful in obtaining three (3) Grants totaling $81,254. The first Grant is from PETCO in the amount of $75,000 and will be used primarily for the Community Spay/Neuter Program. This Grant will also cover Pet Center medical supplies, outreach/advertising efforts, animal transportation costs, and building upgrades. The second Grant is from the Roper Foundation in the amount of $5,984, and will be used to purchase Pet Center supplies and provide animal medical care. The third Grant is from the St. Hubert’s Animal Welfare Center in the amount of $270, and will be used to help with the Community Spay/Neuter Program and animal vaccinations. In addition to the above-Grants, a total of $405 has been received from owners of dogs deemed dangerous dogs in the County by the local Courts. These funds were received in 2019 and have not been previously appropriated by the Board. Motion to appropriate a total of $81,254 to the Grants Fund and $405 to the Veterinary Expense Fund as presented. 7.a.f Packet Pg. 22 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren d. FEMA Public Assistance Appropriations (Hurricane Michael) (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated the County recently received an award notification from the Commonwealth of Virginia Department of Emergency Management for FEMA public assistance to cover damages and County manpower efforts experienced during Hurricane Michael. The total amount to be received by the County totals $17,985.21, which consists of $14,349.91 of Federal Funds and $3,635.30 of State Funds. Motion to accept the FEMA public assistance funds from the Commonwealth of Virginia Department of Emergency Management in the amount of $17,985.21, and appropriate the funds as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren e. MVP Grant for Public Safety Appropriation (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated that recently the County received a check in the amount of $5,000 from MVP Pipeline as a Public Safety Grant. Said Grant will be used by the County’s Public Safety Department to purchase public safety software to improve the Fire Marshal’s field technology and Reporting Program, as well as improve its hazardous materials response capabilities. Motion to accept the MVP Pipeline Grant, and appropriate a total of $5,000 to the Grants Fund as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren f. 2019 Year End Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated each year, Departmental/Fund Budgets are reviewed to determine if sufficient Budget amounts exist to cover expenses until year-end. Most of these items are bookkeeping entries required by the County’s Auditors. 7.a.f Packet Pg. 23 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Business Meeting Motion to appropriate a total of $760,882.31, and approve the suggested Budget transfers for the County and categorical changes for the School Board for the FY2019 Budget. RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren APPOINTMENTS a. Appointment: Pittsylvania County Service Authority (Supervisor Scearce) Motion to appoint Hugh Mitchell to the Pittsylvania County Service Authority to fulfill an unexpired term ending on December 31, 2022 for the Westover District. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren MATTERS FROM WORK SESSION (IF ANY) a. Approval of Legislative Committee Recommendations (Staff Contact: J. Vaden Hunt, Esq.) Mr. Hunt stated on August 14, 2019, the Board’s Legislative Committee unanimously recommended proposed revisions to Pittsylvania County Code §2-22, Running at Large Restrictions in Designated Areas, for a Public Hearing and potential related action at the Board’s September Business Meeting. Motion authorizing County Staff to advertise the proposed revisions to Pittsylvania County Code §2-22, Running at Large Restrictions in Designated Areas, for a Public Hearing and potential related action at the Board’s September Business Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren b. Approval of Finance Committee Recommendations (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated the Finance Committee held a Meeting on August 14, 2019. Matters requiring full Board approval include the following: (1) the FY2019 Budget Carryover Requests; (2) the establishment of a Fire & Rescue Capital Reserve Fund; and (3) Funding for Rescue 1 7.a.f Packet Pg. 24 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors August 20, 2019 Business Meeting repairs. (1) A recommendation was made to the Finance Committee by Mr. Smitherman, County Administrator, to approve a carryover total of $1,905,487.56, which included a total of $1,366,422 of School Carryovers, a total of $150,000 for an additional School Appropriation, and $359,065.56 of County Carryovers. These funds would come from unspent fund balance from FY2019. The Finance Committee unanimously voted to recommend the approval of these carryover requests to the full Board after tonight’s related Public Hearing. (2) The Finance Committee unanimously voted to recommend to the full Board the establishment of a Fire & Rescue Capital Reserve Fund. Funding for this new Capital Fund totaling $17,215.75, would come from unspent volunteer contributions and are included in the Carryover requests in item #1. (3) A request was made by Mr. Slemp, Public Safety Director, to appropriate Public Safety stale Grant funds to cover the cost of repairs to Rescue 1. This appropriation of totals $17,001.11 and needs to be approved by the Board to cover this expense. Motion to approve the Finance Committee recommendations as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren BOARD MEMBER REPORTS Mr. Scearce thanked Mr. Spain, DSS Director, for briefing the County on money that will be refunded to the County. Mr. Warren reminded everyone of the Blairs Community Day that will be held on the upcoming Saturday. He also congratulated the school system in meeting every benchmark that was set by the State on the SOL's. Mr. Davis recognized the school system and thanked all County Staff. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman praised and thanked the Pet Center Staff for being well on their way to meeting their financial goals for this fiscal year. He also thanked and congratulated the Children’s Services Agency on receiving a flawless Audit. ADJOURNMENT Mr. Davis adjourned the Meeting at 8:18 PM. 7.a.f Packet Pg. 25 Attachment: 08-20-2019 Business Meeting - DRAFT (1760 : Minutes: August 14, 2019 Finance Committee, Legislative Committee, and Called Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2019-09-01 Gordon and Suter Clark; National Champions; Junior Angus Show (Staff Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: September 17, 2019 Item Number: 7.b Attachment(s): 2019-09-01 Gordon and Suter Clark - National Junior Angus Show Reviewed By: SUMMARY: Gordon and Suter Clark attended the National Junior Angus Show in Louisville, Kentucky, in July and received admirable awards. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2019-09-01, attached, recognizing Gordon and Suter Clark. MOTION: “I make a Motion to approve Resolution # 2019-09-01 recognizing Gordon and Suter Clark.” 7.b Packet Pg. 26 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2019-09-01 Gordon and Suter Clark National Junior Angus Show VIRGINIA: At the Business Meeting of the Pittsylvania County Board of Supervisors held on September 17, 2019, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, Gordon and Suter Clark are Pittsylvania County (the “County”) residents, and are the sons of Tim and Gretchen Clark of the Callands-Gretna District; and WHEREAS, Gordon and Suter both attend Gretna High School; and WHEREAS, the Clark brothers attended the National Junior Angus Show in Louisville, Kentucky, from July 14, 2019 – July 20, 2019; and WHEREAS, fifteen (15) year old Suter’s Seldom Rest Sandy 8018 was the Grand Champion owned female. His winning heifer is a January 2018 daughter of Colburn Primo 5153 and was first named Junior Champion in Division Seven; and WHEREAS, seventeen (17) year old Gordon tied with Bryce Fitzgerald of West Grove, Pennsylvania, for the boys Silver Pitcher Award, which is awarded to the exhibitor that has accumulated the most points throughout the week-long show; and WHEREAS, Gordon showed in the steer, cow-calf pair, and the heifer shows, and his points added up to claim the Silver Pitcher Award. Gordon’s heifer, SCC SCH Phyllis 849, also won Owned Junior Champion Heifer in Division One, and SSC SCH Phyllis 890 won Owned Heifer Calf Champion Division Three; and WHEREAS, the Clark brothers have been going to shows for approximately ten (10) years, starting years ago with the local Pittsylvania-Caswell Youth Livestock Association shows, and attend ten (10) to fifteen (15) cattle shows per year. This year was the fifth time they’ve shown at the National Junior Angus Show; and WHEREAS, through their hard work and dedication, the Clark brothers were able to claim these admirable awards at the National Junior Angus Show; and WHEREAS, the Clark brothers have performed commendably, bringing recognition not only to themselves, but to their family, their school, and to the County; then BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its congratulations and admiration to Gordon and Suter Clark on their wins at the National Junior Angus Show. Given under my hand this 17th day of September, 2019. __________________________________ Joe B. Davis, Chairman Pittsylvania County Board of Supervisors 7.b.a Packet Pg. 27 Attachment: 2019-09-01 Gordon and Suter Clark - National Junior Angus Show (1748 : Resolution # 2019-09-01 Gordon and Suter Clark; Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2019-09-02 Gretna High School Beta Club (Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: September 17, 2019 Item Number: 7.c Attachment(s): 2019-09-02 GHS - Beta Club Reviewed By: SUMMARY: Gretna High School’s Beta Club has been recognized for its success in a National Competition. In June, the Club traveled to Oklahoma City, Oklahoma, to compete in the National Convention, where it placed first (1st) in the Engineering Competition. The Club’s hard work and dedication is admirable, and the Club has brought great pride not only in the community, but to the County as a whole. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2019-09-02 honoring Gretna High School’s Beta Club for its accomplishments at the National Competition. MOTION: “I make a Motion to approve Resolution # 2019-09-02 honoring Gretna High School’s Beta Club for its accomplishments at the National Competition.” 7.c Packet Pg. 28 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2019-09-02 Gretna High School Beta Club Nationals VIRGINIA: At the Pittsylvania County Board of Supervisors’ Business Meeting on Tuesday, September 17, 2019, the following Resolution was adopted honoring Gretna High School’s Beta Club: WHEREAS, the National Beta Club is the largest independent, non-profit, educational youth organization in America, and for more than eighty (80) years, it has prepared today's students to be tomorrow's leaders. Between the Junior Beta (Grades 4-8) and Senior Beta (Grades 9-12), the Beta Club has helped nearly seven (7) million students learn how to make a life for themselves, and, since 1991, it has awarded over $6 million in scholarships. There are now more than 500,000 active members and more than 8,750 clubs nationally and internationally; and WHEREAS, at Gretna High School, students must have a 3.5 GPA to be invited to join the Beta Club and must maintain a 3.2 GPA to remain a Beta Club Member. Students are also required to complete at least twenty-five (25) hours of community service per semester, which include things such as the community Trunk or Treat at Halloween, participating in “Book Buddies” at elementary schools, and raising money for different families in need; and WHEREAS, Gretna High School’s Beta Club traveled to Oklahoma City, on June 20, 2019, to compete in the National Beta Convention; and WHEREAS, Gretna’s team that competed in the Engineering Competition was comprised of Kailey Wertz, Eden Ilconich, Brendan Myers, and Xander Birchfield; and WHEREAS, in said Competition, the team had to work collaboratively to follow an invention prompt that had to have at least five (5) steps. They had a list of five (5) items that were required to be used in the invention, as well as other approved items that could be used, inside a tote. Many of these materials were household items, such as thread, tubing, zip ties, magnets, and more. Their prompt was to use as many of the five (5) required materials as they could in their invention but using at least three (3) was mandatory. For this two (2)-hour competition, the team used their materials to turn on a calculator. The judges based their scores on the complexity of the team’s process, creativity, critical thinking, and communication; and WHEREAS, through their hard work and determination, these students won First (1st) Place in the Engineering Competition. NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby express their deepest congratulations and admiration to the Gretna High School Beta Club for its accomplishments at the National Competition; and Given under my hand this 17th day of September, 2019. __________________________________ Joe B. Davis, Chairman Pittsylvania County Board of Supervisors 7.c.a Packet Pg. 29 Attachment: 2019-09-02 GHS - Beta Club (1749 : Resolution # 2019-09-02 Gretna High School Beta Club (Contact: Supervisor Farmer)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2019-09-03 Karl Stauber (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: September 17, 2019 Item Number: 7.d Attachment(s): 2019-09-03 Karl Stauber Resolution of Appreciation Reviewed By: SUMMARY: Karl Stauber was the first President and CEO of the Danville Regional Foundation (“DRF”) and served from August 2007 until July 2019. Dr. Stauber, known for his work in rural communities, led DRF, which promotes innovation and long-term transformation to enhance economic development, education, and wellness in the Dan River Region. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2019-09-03, attached, honoring Karl Stauber. MOTION: “I make a Motion to approve Resolution # 2019-09-03 honoring Karl Stauber.” 7.d Packet Pg. 30 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2019-09-03 KARL STAUBER; RESOLUTION OF APPRECIATION VIRGINIA: At the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, on Tuesday, September 17, 2019, the following Resolution was presented and adopted: WHEREAS, Karl Stauber was the first President and CEO of the Danville Regional Foundation (“DRF”) and served from August 2007 until July 2019; and WHEREAS, Dr. Stauber led the DRF, which promotes innovation and long-term transformation to enhance economic development, education, and wellness in the Dan River Region; and WHEREAS, Dr. Stauber’s leadership helped realize many improvements to Pittsylvania’s quality of life, economic development, education infrastructure and general health and welfare; and WHEREAS, DRF’s consistent and ongoing support of the Olde Dominion Agricultural Foundation is a result of Dr. Stabuer’s vision that agriculture is a critical element of the region’s economic prosperity; and WHEREAS, in 2013, the DRF funded an award to build the Ramsey Memorial Medical Center in Gretna, bringing much needed medical access and care to a significant segment of the region; and WHEREAS, under Dr. Stauber’s leadership, DRF helped establish the County’s award-winning park system, the Pittsylvania County Community Center and the revitalization of Wayside Park; and WHEREAS, in 2014, the DRF funded the Pittsylvania County Schools STEM Academy, which was developed to increase the number of students pursuing STEM career opportunities; and WHEREAS, in 2018, the DRF funded the Precision Machining Facility Expansion. Said Grant was awarded to build a 13,700 sq. ft. expansion to the Gene Haas Center at the Institute for Advanced Learning and Research to serve as a “rapid launch” space to help recruit advanced manufacturers to this Region; and WHEREAS, Dr. Stauber has given unselfishly of his time and efforts for the betterment of Pittsylvania County. NOW, BE IT RESOLVED, that the Board express their sincere appreciation to Dr. Stauber for the noble dedication of his time towards the development and advancement of the County and this Region; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be presented to Dr. Stauber on behalf of the Board. Given under my hand this 17th day of September 2019. ___________________________________ Joe B. Davis, Chairman Pittsylvania County Board of Supervisors ___________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 31 Attachment: 2019-09-03 Karl Stauber Resolution of Appreciation (1751 : Resolution #2019-09-03 Karl Stauber (Staff Contact: David M. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides) Staff Contact(s): Gregory L. Sides Agenda Date: September 17, 2019 Item Number: 7.e Attachment(s): 2019-09-04 Sanctuary Bay Subdivision VDOT Sanctuary Bay Subdivision 385D 385E 385F 385G Reviewed By: SUMMARY: Resolution # 2019-09-04, attached, formally requests the Virginia Department of Transportation to take road additions to Sanctuary Bay Subdivision into the secondary system of state highways. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2019-09-04 as presented. MOTION: “I make a Motion to approve Resolution #2019-09-04 as presented.” 7.e Packet Pg. 32 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2019-09-04 SANCTUARY BAY SUBDIVISION VIRGINIA: At the Business Meeting of the Pittsylvania County Board of Supervisors held on September 17, 2019, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, the street(s) described on the attached Additions Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit Court of Pittsylvania County, and WHEREAS, the representative for the Virginia Department of Transportation (“VDOT”) has advised this Board that the street(s) meet the requirements established by VDOT’s Subdivision Street Requirements. NOW, THEREFORE, BE IT RESOLVED, this Board requests VDOT to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, 1950, as amended, and VDOT’s Subdivision Street Requirements, after receiving a copy of this Resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to VDOT’s Resident Engineer. ___________________________________ Joe B. Davis, Chairman Pittsylvania County Board of Supervisors ___________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.e.a Packet Pg. 33 Attachment: 2019-09-04 Sanctuary Bay Subdivision (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. In the County of Pittsylvania By resolution of the governing body adopted September 17, 2019 Thefollowing VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system ofstate highways. A Copy Testee Signed(County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Sanctuary Bay Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: V53.2-705, -33.2-334 Street Name and/or Route Number Sweetwater Bay Drive, State Route Number 1157 Old Route Number:0 From:Route 1156 To: Route 1158,a distance of:0.08 miles. Recordation Reference:N/A Right of Way width(feet)= 0 Street Name and/or Route Number Sweetwater Bay Drive, State Route Number 1157 Old Route Number:0 From:Cul-de-sac To:Route 1156,a distance of:0.07 miles. Recordation Reference:N/A Right of Way width(feet)= 0 Street Name and/or Route Number Sanctuary Bay Drive, State Route Number 1156 Old Route Number:0 From:Route 626 To:Route 1157,a distance of:0.76 miles. Recordation Reference:N/A Right of Way width(feet)= 0 UO I rnrm AYI-.3.3(4 1)2011-1 V1aintrnzuI.1)1c',ion Date of Resolution: September 17, 2019 Page 1 of 2 7.e.b Packet Pg. 34 Attachment: VDOT Sanctuary Bay Subdivision (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) Street Name and/or Route Number Sweetwater Bay Drive, State Route Number 1157 Old Route Number:0 From:Route 1158 To:Cul-de-sac,a distance of:0.11 miles. Recordation Reference:N/A Right of Way width(feet)= 0 Street Name and/or Route Number Mountain Vista Drive, State Route Number 1158 Old Route Number:0 From:Route 1157 To:Cul-de-sac,a distance of:0.23 miles. Recordation Reference:N/A Right of Way width(feet)= 0 VDOT Form AM-4.3(4/20/2007) Maintenance Division Date of Resolution: Page 2 of 2 7.e.b Packet Pg. 35 Attachment: VDOT Sanctuary Bay Subdivision (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) 8/6/2019 37°01'03.2"N 79°35'13.0"W-Google Maps Google Maps 37°01'03.2"N 79°3513.0"W 3rF n xr i5 7 Srnirr Drouotarn4, Dock&Lotloe I:i I x L(d t Lumpkins. Snack Bac • :I rs f r l.,:,. Google-" I"" III, a Imagery©2019 Google,Map data©2019 500 ft t yy 1' re qa 11101,W 37°01'03.2"N 79°35'13.0"W https.//www.google.com/maps/place/37°01'03.2"N+79°35'13.0"W/na37.020881.5-7A SRRt;SQ 17dQ, I 'sf,-to..,1ri-orA_crn_.:“_,, „„ ,.,- -.,. .,._ _. - 7.e.b Packet Pg. 36 Attachment: VDOT Sanctuary Bay Subdivision (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) o, 24 1.39 1 0 u ' kakrto/ Zg m NAI O) 74- cl A, M_o r y0 8 eft0 ,1.) N 10 1 rn N 95 v z as m a 00 A d 1 P o co 1 1 1 U o Ov'l U S ' 406 Q f i,- 4_ 1'a ; J OL. o m cp n l\ to vtYs) I t \ N p' Ci rn 49 44 c z lo CO 0 6" H o vl A_f:.., 4- --5 v 6. kg. cs,N r 7 ch N N 33 1 Cy I T L .>' cfl g .60 0 7 17yc' yy N t[7 o 7'15. 75 rn ^ w m _ - ta. g9 \moo 1 k CO rn 65 n C CD _.. C-'7.1'60 cp Ei i , V A 1 N n Q TOTAL PRIMARY MILEAGE IN COUNTY 12131/00: 166.93 SECONDARY MILEAGE TABULATION 7/1/1941 TYPE 12/31/19501 12/31/1960 12/31/19701 12/31/1980 12/31/1990 12/31/2000 309.08HARD SURFACE 388.53 618.19 876.66 1,083.79 1,129.90 1,164.02 A l 11A=ATUFG CI IPFAr.F 316.44 192.51 143.13 115.46 182.01 174.49 7.e.b Packet Pg. 37 Attachment: VDOT Sanctuary Bay Subdivision (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) 7.e.cPacket Pg. 38Attachment: 385D (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) 7.e.dPacket Pg. 39Attachment: 385E (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) 7.e.ePacket Pg. 40Attachment: 385F (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) 7.e.fPacket Pg. 41Attachment: 385G (1766 : Resolution #2019-09-04 Sanctuary Bay Subdivision (Staff Contact: Gregory L. Sides)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: JT Minnie Maude Charitable Trust (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: September 17, 2019 Item Number: 7.f Attachment(s): Reviewed By: SUMMARY: The County’s Public Safety Department is seeking Board approval to seek a Grant from the JT Minnie Maude Charitable Trust for funding of one (1) Zoll Defibrillator with twelve (12) lead capability. This device will allow for much better patient monitoring and treatment and will be used on an ambulance the County staffs with DRT employees at Mt. Hermon. FINANCIAL IMPACT AND FUNDING SOURCE: The County’s Public Safety Department is seeking 100% Grant assistance for this device. The quoted price is $32,816.40, and the County’s Public Safety Department anticipates no financial impact should it receive 100% Grant funding. RECOMMENDATION: County Staff recommends the Board grant permission to allow the County’s Public Safety Department to apply for a Grant to fund the purchase of the above-device. MOTION: “I make a Motion to allow the County’s Public Safety Department to apply for the Grant as presented.” 7.f Packet Pg. 42 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Approval of Cherrystone and Roaring Fork Dams Watershed Agreements (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: September 17, 2019 Item Number: 7.g Attachment(s): Supplement # 2 - Cherrystone Lake Agreement Supplement # 3 - Roaring Fork Lake Agreement Reviewed By: SUMMARY: County Staff, with the USDA Natural Resources Conservation Service (“NRCS”), has completed and published the final drafts of the Supplemental Watershed Plans for Cherrystone Creek (Supplemental Watershed Plan No. 2 – Cherrystone Lake and Supplemental Watershed Plan No. 3 – Roaring Fork Lake). NRCS is now requesting approval of the Plans and execution of the Supplemental Watershed Agreements for both lakes by the Project Sponsors (the County, Town of Chatham, and Pittsylvania Soil and Water Conservation District). The Town of Chatham and the Soil and Water Conservation District have approved the Plans and executed the Agreements. County Staff, the Project Sponsors, and appropriate legal counsel, have spent several months reviewing the Plans and requesting changes to associated Plan Agreements. The Board was provided an update on this situation at its September Work Session. For your reference and review, copies of the full Plans were included in the Work Session Agenda Packet. For your review and consideration, please find the Supplement Plans/Agreements attached. FINANCIAL IMPACT AND FUNDING SOURCE: The Supplemental Watershed Plans were funded by a grant of $345,000 for each Plan to the Town of Chatham on August 13, 2014. No funding was required from the Plan Sponsors. If the Plan Sponsors wish to proceed with a design for the rehabilitation of both dams, those costs would be funded 100% by the Federal Government. Construction costs would be 65% Federal and 35% local. RECOMMENDATION: County Staff recommends approval of the Supplemental Watershed Plans and requests authorization for the County Administrator to execute the Supplemental Watershed Agreements. MOTION: “I make a Motion to approve the Final Supplemental Watershed Plan No. 2 and Environmental Assessment for the Rehabilitation of Floodwater Retarding Structure No. 1 (Cherrystone Lake) and the Final Supplemental Watershed Plan No. 3 and Environmental Assessment for the 7.g Packet Pg. 43 Rehabilitation of Floodwater Retarding Structure No. 2A (Roaring Fork Lake), and authorize the County Administrator to execute the Supplemental Watershed Plan Agreements for Cherrystone and Roaring Fork Lakes.” 7.g Packet Pg. 44 7.g.a Packet Pg. 45 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 46 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 47 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 48 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 49 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 50 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 51 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 52 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 53 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 54 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 55 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.a Packet Pg. 56 Attachment: Supplement # 2 - Cherrystone Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 57 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 58 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 59 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 60 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 61 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 62 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 63 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 64 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 65 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 66 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 67 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement 7.g.b Packet Pg. 68 Attachment: Supplement # 3 - Roaring Fork Lake Agreement (1768 : Approval of Cherrystone and Roaring Fork Dams Watershed Agreement Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: New Open Space Land Use Agreement for 2020 (Staff Contact: Shirley Y. Hammock) Staff Contact(s): Shirley Y. Hammock Agenda Date: September 17, 2019 Item Number: 7.h Attachment(s): 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks Reviewed By: SUMMARY: Attached is a request for a new Open Space Agreement for 2020 for Jimmy and Amie Blanks for Parcel 2488-66-2245; 5.13 acres of the 40.13 acres is to be used as Wildlife Preservation and Pollinators. FINANCIAL IMPACT AND FUNDING SOURCE: If the Agreement is granted, as confirmed by the Honorable Shirley Hammock, the County’s Commissioner of the Revenue, the new Open Space deferred levy will be $57.04 per year. RECOMMENDATION: County Staff recommends the Board approve the Open Space Agreement for 2020 for Jimmy and Amie Blanks, and authorize the County Administrator to sign any necessary related documentation. MOTION: “I make a Motion to approve the Open Space Agreement for 2020 for Jimmy and Amie Blanks, and authorize the County Administrator to sign any necessary related documentation.” 7.h Packet Pg. 69 OFFICE OF COMMISSIONER OF THE REVENUE 70;,h _ PITTSYLVANIA COUNTY 434)432-7940 P.O. BOX 272 434) 656-6211 Shirley Yeatts Hammock CHATHAM, VA 24531 FAX (434) 432-7957 Commissioner shirley.hammock@pittgov.org August 29, 2019 Mr. David M Smitherman Pittsylvania County Administrator PO Box 426 Chatham, VA 24531 RE: New Open Space Land Use Agreement for 2020 Dear Mr. Smitherman: Enclosed, you will find a request for a new Open Space agreement for 2020. Jimmy and Arnie Blanks have requested on the current 2020 Land Use application for parcel 2488-66-2245, 5.13 acres of the 40.13 acres is to be used as Wildlife Preservation and Pollinators. Our office is submitting the original Open Space Use Agreement for consideration by the Board. Please review and as soon as possible, render the decision of the Board as to whether the 5.13 acres of the 40.13 acre parcel will qualify for Land Use taxation. We have kept a copy of the agreement; however, request the original Open Space Use Agreement be returned to our office once a decision has been made. Thank you for your prompt attention. Regards, c:*4-441-- detyyt414..ec:.L. Shirley Y. Hammock Commissioner of the Revenue SYH/mfa 137=Enclosures cc: J. Vaden Hunt, County Attorney r 7.h.a Packet Pg. 70 Attachment: 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks (1754 : New Open Space Land Use Agreement OPEN-SPACE USE AGREEMENT THIS agreement, made this 1St day January 2020 between Jimmy F. Blanks and Arnie A. Blanks, hereinafter called the owner(s), and the County of Pittsylvania, a political subdivision of the Commonwealth of Virginia, hereinafter called the County, recites and provides as follows: RECITALS 1. The owner is the owner of certain real estate, described below, hereinafter called the property; and 2. The County is the local governing body having real estate tax jurisdiction over the property; and 3. The County has determined: A. That it is in the public interest that the property should be provided or preserved for one or more ofthe following Open-Space uses: (indicate one or more) Park or recreational purposes; Conservation of land; Conservation of other natural resource; other use which serves the public interest by the preservation of open-space land as provided in the Land-Use Plan; and B. That the property meets the applicable criteria for real estate devoted to open space use as prescribed in Article 4 (§ 58.1-3230 et seq.) of Chapter 32 of Title 58.1 ofthe Code of Virginia, and the standards for classifying such real estate prescribed by the director of the Virginia Department of Conservation and Historic Resources; and C. That the provisions of this agreement meet the requirements and standards prescribed under § 58.1-3233 of the Code of Virginia for commitments by landowners not to change open-Space use to a non-qualifying use; and 4. The owner is willing to make a written commitment to preserve and protect the open space uses ofthe property during the term of this agreement in order for the property to be taxed on the basis of a use assessment and the owner has submitted an application for such taxation to the Commissioner of the Revenue of the County pursuant to § 58.1-3234 of the Code of Virginia and County Code 6-12.1-9 of the Pittsylvania County Code to provide for the special assessment of agricultural, horticultural, forest and open space; and 5. The County is willing to extend the tax for the property on the basis of a use assessment commencing with the next succeeding tax year and continuing for the term of this agreement, in consideration of the owner's commitment to preserve and protect the open-space uses ofthe property, and on the condition that the owner's application is satisfactory and that all other requirements of Article 4, Chapter 32, Title 58.1 of the Code of Virginia and County Code 6-12 of the Pittsylvania County Code to provide for the special assessment of agricultural, horticultural, forest and open space 7.h.a Packet Pg. 71 Attachment: 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks (1754 : New Open Space Land Use Agreement are complied with. NOW, Therefore, in consideration of the recital and the mutual benefits, covenants and terms herein contained the parties hereby covenant and agree as follows: 1. This agreement shall apply to all of the following described real estate: GPIN: 2488-66-2245 2. The owner agrees that during the term of this agreement: A) There shall be no change in the use or uses of the property that exists as of the date of this agreement to any use that would not qualify as an open space use. B) There shall be no display of billboards, signs or other advertisements on the property, except to (i) state solely the name of the owner and the address of the property; (ii) advertise the sale or lease of the property; (iii) advertise the sale of goods or services produced pursuant to the permitted use of the property; or(iv)provide warnings. No sign shall exceed four feet by four feet. C) There shall be no construction, placement or maintenance of any structure on the property unless such structure is either: i) On the property as of the date of this agreement; or ii) Related to and compatible with the open-space uses of the property which this agreement is intended to protect or provide for. D) There shall be no accumulations of trash, garbage, ashes, waste,junk, abandoned property or other unsightly or offensive material on this property. E) There shall be no filling, excavating, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or other materials which alters the topography of the property, except as required in the construction of permissible buildings, structures and features under this agreement. F) There shall be no construction or placement of fences, screens, hedges, walls or other similar barriers which materially obstruct the public's view of scenic areas ofthe property. G) There shall be no cutting of trees other than selective cutting and salvage of dead or dying trees anywhere on the property. However, the property owner may remove vegetation which constitutes a safety, a health or an ecological hazard. 7.h.a Packet Pg. 72 Attachment: 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks (1754 : New Open Space Land Use Agreement H) There shall be no alteration or manipulation ofnatural water courses, shores, marshes, swamps, wetlands or other water bodies, nor any activities or uses which adversely affect water quality, level or flow. I)On areas ofthe property that are being provided or preserved for conservation of land, floodways or other natural resources, or that are to be left in a relatively natural or undeveloped state,there shall be no operation of dune buggies, all-terrain vehicles, motorcycles, motorbikes, snowmobiles or other motor vehicles, except to the extent necessary to inspect, protect or preserve the area. Properties which are to be provided or preserved for natural areas are to be left in undeveloped state. J) There shall be no industrial or commercial activities conducted on the property; or activities that are conducted in a residence or an associated outbuilding such as a garage, smokehouse, small shop or similar structure which is permitted on the property. K) There shall be no separation or split-off of lots,pieces or parcels from the property. The property may be sold or transferred during the term ofthis agreement only as the same entire parcel that is the subject ofthis agreement; provided, however, that the owner may grant to a public body or bodies open-space conservation or historic preservation easements which apply to all or part of the property. 3. This agreement shall be effective upon acceptance by the County and with all proper recordation fees paid by the applicant; provided, however, that the real estate tax for the property shall not be extended on the basis of its use value until the next succeeding tax year following timely application of the owner for use assessment and taxation in accordance with the Pittsylvania County Code. Thereafter, this agreement shall remain in effect for a term of six consecutive years. 4. Nothing contained herein shall be construed as giving to the public a right to enter upon or to use the property or any portion thereof, except as the owner may otherwise allow, consistent with the provisions of this agreement. 5. The Commissioner of the Revenue, or his designee, shall have the right at all reasonable times to enter the property to determine whether the owner is complying with the provisions of the agreement. 6. Nothing in this agreement shall be construed to create in the public or any member thereof a right to maintain a suit for any damages against the owner for any violation ofthis agreement. 7. Nothing in the agreement shall be construed to permit the owner to conduct any activity or to build or maintain any improvement which is otherwise prohibited by 7.h.a Packet Pg. 73 Attachment: 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks (1754 : New Open Space Land Use Agreement law. 8. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction,the remainder of the agreement shall not be affected hereby. 9. The provisions of this agreement shall run with the land and be binding upon the parties,their successors, assigns,personal representatives, and heirs. 10. Words of one gender used herein shall include the other gender, and words in the singular shall include words in the plural, whenever the sense requires. 11. This agreement may be terminated by either party. 12. Upon termination of this agreement,the property shall thereafter be assessed and taxed at its fair market value, regardless of its actual use, unless the County determines otherwise in accordance with applicable law. 13. NOTICE: At such time that the Open-Space Use or uses by which the property qualified for assessment and taxation on the basis of use changes to a nonqualifying use or uses, or when the zoning for the property changes to a more intensive use at the request of the owner, the property, or such portion of the property which no longer qualifies, shall be subject to roll-back taxes in accordance with §58.1-3237 ofthe Code of Virginia. The owner shall be subject to all of the obligations and liabilities of said code section. 14. This agreement is subject to an annual revalidation, of which the Commissioner of Revenue for Pittsylvania County will provide the proper documentation on which to attest their review and acceptance of all properties listed thereon. 7.h.a Packet Pg. 74 Attachment: 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks (1754 : New Open Space Land Use Agreement 15. This agreement shall begin on JANUARY 1,2020, and expire on DECEMBER 31,2025. I Seal) 44A.12.—)' Seal) Seal) Owner(s) Sworn to and subscribed before me on this 0 day of A It,Sti)i- in the year a01 ii oteeeeeeeea, 0,60. Qq °ae‘ ysaifki, & . Ln G' •,,. e"., te. S..ZQ 0,6.1>.,o MY GOMMISF;ION ii c..).,1 NUMBLR <C O.,° 141322 " a My commissioner expires on O N3) co P"' otary o®' 9,"70V1°•eea<' 0. a 4'+eeeeee eme``' BY County Administrator Official Designee ofthe Pittsylvania County Board ofSupervisors Pittsylvania County,Virginia Comments 7.h.a Packet Pg. 75 Attachment: 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks (1754 : New Open Space Land Use Agreement Open-Space Use Application Addendum Property owner(s): JIMMY F BLANKS AMIE A BLANKS Parcel ID Number: 2488-66-2245 Open Space Use: (check one or more) 1.Park or Recreational purposes 2.Conservation of Land 3.Conservation of other natural resource 4.other use which serves the public interest by the preservation of open space land Detail Description of the use: 7;7yL p/t a "_;/s i '.8 .'YJ, qac cry v/ /q 11l /7.4-r,l JAzLA/O A) t /111-7":PJ ;4 ct jrc'/h`te' 3i JAA.i A - SMAL,s/ egg d{ •4) _ r',9ii.. df L' Y ;i i c LLiJATr, S Date: i3/z z f'2°/2 Final acceptance in Land use program is subject to Board of Supervisors approval of Open Space Agreement. Upon approval,fee will be due and payable to Treasurer of Pittsylvania County. 7.h.a Packet Pg. 76 Attachment: 09-17-2019 New Open Space Land Use Agreement for 2020 Jimmy and Amie Blanks (1754 : New Open Space Land Use Agreement Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: WIB Fiscal Agent Agreement Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 17, 2019 Item Number: 7.i Attachment(s): WIA - Fiscal Agent Agreement - 2019 Reviewed By: SUMMARY: The County is currently Fiscal Agent for the Workforce Investment Board (“WIB”). A recent review of the WIB Memorandum of Understanding (“MOU”) showed that the MOU in place was outdated and needed to be rewritten to include new regulations as well as a new administrative fee. The enclosed MOU between the County and WIB outlines the purpose and terms of the County’s representation as WIB’s Fiscal Agent, as well as the anticipated administrative fee for said service. FINANCIAL IMPACT AND FUNDING SOURCE: Revenue is included in the FY2020 County Budget for the anticipated administrative fee. RECOMMENDATION: County Staff recommends that the Board approve the attached MOU. MOTION: “I make a Motion to approve the attached MOU between the County and the WIB effective July 1, 2019.” 7.i Packet Pg. 77 Page 1 of 5 FISCAL AGENT, PAYROLL, AND BENEFITS SERVICES AGREEMENT The Virginia Career Works – West Piedmont Board ("Board"), as appointed by the Council of Chief Elected Officials of the Virginia Cities of Danville and Martinsville and the Counties of Henry, Patrick, and Pittsylvania (“Consortium"), and the County of Pittsylvania, Virginia ("County") enter into this Agreement for Fiscal Agent Services, Payroll, and Benefits Services ("Agreement') dated the ___ day of _____, 2019. WITNESSETH WHEREAS, the Workforce Innovation and Opportunity Act (Public Law 113-128); ("WIOA") has been duly enacted by the Congress of the United States, amending the Workforce Investment Act of 1998, and signed into law by the President on July 22, 2014; and WHEREAS, the Board was formed by the Consortium in July, 2000, in accordance with the WIA, to serve Region XVII, which includes Pittsylvania, Henry, and Patrick Counties and the Cities of Martinsville and Danville, Virginia; and WHEREAS, the Board has hired Staff in accordance with WIOA to serve on behalf of, and at the request of the Board, and may add additional Staff in the future; and WHEREAS, the Board seeks accounting, payroll, and benefit services for its Staff through the County, and WHEREAS, the County, is willing to act as Fiscal Agent and provide accounting, payroll, and benefit services to Board. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the Parties agree to the following terms: 1. TERM. The Term of this Agreement is July 1, 2019, to June 30, 2020, and may be renewed each year thereafter upon the consent of both parties. 2. FISCAL AGREEMENT. The County has been designated by the Board to be the Fiscal Agent and Grant Recipient for Region XVII and is responsible for ensuring compliance with the terms and conditions of the WIOA Grant Funds under WIOA. Therefore, the County shall have the ability, for cause, to terminate the appointment of the Fiscal Agent selected, if the County, in its sole discretion, determines there is good cause to do so by giving written notice of termination and specifying the cause for the termination and the effective date thereof. In the event, the County terminates the appointment of the Fiscal Agent as provided herein, the Fiscal Agent will be paid for the reasonable services provided and the allowable expenses incurred by the Fiscal Agent prior to the termination of the appointment. If the County terminates the appointment of the Fiscal Agent, the Board, with the advice and consent of the Consortium, shall appoint a new Fiscal Agent. The Fiscal Agent’s responsibility 7.i.a Packet Pg. 78 Attachment: WIA - Fiscal Agent Agreement - 2019 (1761 : WIB Fiscal Agent Agreement Approval) Page 2 of 5 to the Board is limited to accounting for Grant Funds received and disbursement of such Funds as directed by the Board or its duly designated Staff Member. This includes preparing payroll and offering benefits as outlined in Paragraphs 3 and 4 below. The Consortium, through its appointed Board, and Staff agree to be ultimately responsible for ensuring compliance with the terms and conditions of the WIOA Grant Funds under of WIOA. These duties shall consist of, but not limited to, advising the County how to invest Grant Funds; budgeting; financial and cash management; procurement and purchasing; reporting payroll changes and hours worked as required by County; resolution of findings arising from audits or reviews, providing information to auditors or reviewers; notifying County of any deficiencies noted in grant reports to granting agencies including reimbursement requests. 3. PAYROLL. Utilizing its Payroll System, the County will pay the Board Staff compensation earned on a bi-monthly basis for hours worked, and approved vacation, holiday, and sick pay, deducting any required State and Federal taxes, FICA, and other necessary deductions, in accordance with the salary structure established and approved by the Board. All payroll and related employer costs are to be paid from Grant Funds, 4. BENEFITS. The County agrees to provide the Board Staff with the same benefits offered to County employees, including health, dental, disability, and vision insurance, if offered, under the same terms and conditions offered to County employees. The employer portion of the cost of such benefits is to be paid from Grant Funds. 5. STAFF POLICIES. The Board will establish and approve work hours, as well a Board Policy, based upon the recommendation of the Executive Director and the on approval of Board. The Board agrees to coordinate policies with the County to avoid problems or conflicts. Holidays and vacation guidelines will be the same as the County Personnel Plan provides for other employees. 6. FEE. In exchange for the accounting, payroll, and benefit services provided to Board Staff, the Board will pay the County an annual fee of $ 21,000, to be paid in twelve (12) equal monthly installments. 7. TERMINATION. In the event either Party breaches any term of this Agreement, the non-breaching Party will notify the other Party of the breach in writing, and will allow the other a reasonable time in which to cure the breach. If the breaching Party fails to cure the breach to the satisfaction of the non-breaching Party within ten (10) days of Notice, this Agreement will terminate on the eleventh (11th) day following the breach. Notwithstanding the above-Paragraph, either Party may terminate this Agreement upon a sixty-(60) day Notice to the other Party. Written notice received by email, U.S. mail, or delivered in person will be acceptable. 8. RELEASE. The Board releases the County from any and all liability relating to policies and decisions made by the Board as it relates to its Staff and Grant activities. To the extent allowed by Virginia law, the County will be responsible for any liability arising from negligent handling of payroll or benefit services. 7.i.a Packet Pg. 79 Attachment: WIA - Fiscal Agent Agreement - 2019 (1761 : WIB Fiscal Agent Agreement Approval) Page 3 of 5 9. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Parties. Any modifications will be made in writing as mutually agreed upon the Parties. 10. GOVERNING LAW. This Agreement will be governed in accordance with the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in duplicate on the day and year first written above by their authorized Officers to evidence their intention to be legally bound. WORKFORCE INVESTMENT BOARD By: ______________________________ Board Chairman Date: _________________________________ COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2019, by_______________, in his/her capacity as Chairman of the VIRGINIA CAREER WORKS – WEST PIEDMONT REGION BOARD, on behalf of such entity, My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 7.i.a Packet Pg. 80 Attachment: WIA - Fiscal Agent Agreement - 2019 (1761 : WIB Fiscal Agent Agreement Approval) Page 4 of 5 XVII CONSORTIUM By: ______________________________ Consortium Chairman Date: ______________________________ COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2019, by_______________, in his/her capacity as Chairman of the CONSORTIUM, on behalf of such entity, My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 7.i.a Packet Pg. 81 Attachment: WIA - Fiscal Agent Agreement - 2019 (1761 : WIB Fiscal Agent Agreement Approval) Page 5 of 5 COUNTY OF PITTSYLVANIA, VIRGINIA By: ______________________________ Board Chairman Date: ______________________________ APPROVE AS TO FORM By: ______________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2019, by_______________, in his/her capacity as Chairman of the Board of Supervisors of the COUNTY OF PITTSYLVANIA, VIRGINIA, on behalf of such entity, My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 7.i.a Packet Pg. 82 Attachment: WIA - Fiscal Agent Agreement - 2019 (1761 : WIB Fiscal Agent Agreement Approval) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Gordon and Suter Clark (Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: September 17, 2019 Item Number: 8.a Attachment(s): Reviewed By: Gordon and Suter Clark will be present to accept Resolution # 2019-09-01. 8.a Packet Pg. 83 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Gretna High School Beta Club (Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: September 17, 2019 Item Number: 8.b Attachment(s): Reviewed By: Students from Gretna High School's Beta Club will be present to accept Resolution # 2019-09- 02. 8.b Packet Pg. 84 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Karl Stauber Resolution of Appreciation (Staff Contact: David M. Smitherman) Staff Contact(s): David M Smitherman Agenda Date: September 17, 2019 Item Number: 8.c Attachment(s): Reviewed By: Dr. Karl Stauber, DRF, will be present to accept Resolution # 2019-09-03. 8.c Packet Pg. 85 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Youth Commission Introductions (Staff Contact: Justin Price) Staff Contact(s): Justin Price Agenda Date: September 17, 2019 Item Number: 8.d Attachment(s): Reviewed By: Justin Price, Recreation Program Coordinator, will introduce the County’s Youth Commission for the 2019-2020 School Year. Tunstall High School: Leara Slattery 9th grade Addyson Hunsicker 10th grade Miranda Cochran 11th grade Kendall Moore 11th grade Savannah Reid 11th grade Joshua Neal 11th grade Ivy Mclane 12th grade Karington Brooks 12th grade Gretna High School: Jocelyn Lipford 12th grade Chatham High School: Kennetria Torain 12th grade Dan River High School: Micaela Clement 9th grade Kortni Fitz 10th grade Savannah Bowes 12th grade 8.d Packet Pg. 86 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Suicide Prevention Project Presentation (Staff Contact: Christopher C. Slemp; Holly Boles) Staff Contact(s): Christopher C. Slemp; Holly Boles Agenda Date: September 17, 2019 Item Number: 8.e Attachment(s): Reviewed By: Holly Boles, Assistant E-911 Shift Supervisor, will give the Board a Suicide Prevention Project Presentation. 8.e Packet Pg. 87 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-19-024; Plyler Properties, Inc.; Callands-Gretna Election District, A-1, Agricultural District, to RPD, Residential Planned Unit Development District (Supervisor Farmer) Staff Contact(s): Gregory L. Sides Agenda Date: September 17, 2019 Item Number: 10.A.1 Attachment(s): PLYLER PROPERTIES, INC. - CASE R-19-024 PLYLER PROPERTIES, INC. - CASE R-19-024 MAP Reviewed By: SUMMARY: In Case R-19-024, Plyler Properties, Inc., Petitioner, has Petitioned to rezone 34.398 acres from A-1, Agricultural District, to RPD, Residential Planned Unit Development District (to make the property consistent with the adjacent parcels zoned RPD for future development). The parcel is located off Smith Mountain Road (on Waterlocked Road) in the Callands-Gretna Election District. Once the property is rezoned, all uses listed under Pittsylvania County § 35-294 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is enclosed. 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. 88 10.A.1.a Packet Pg. 89 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 90 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 91 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 92 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 93 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 94 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 95 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 96 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 97 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 98 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 99 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 100 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 101 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 102 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 103 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 104 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 105 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 106 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 107 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 108 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 109 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 110 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) 10.A.1.a Packet Pg. 111 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 (1740 : Rezoning Case R-19-024, Plyler Properties, Inc.) Legend Assessed Parcels Parcel ID Number Parcels 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: PLYLER PROPERTIES, INC. - CASE R-19-024 Date: 8/2/2019 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. 112 Attachment: PLYLER PROPERTIES, INC. - CASE R-19-024 MAP (1740 : Rezoning Case R-19-024, Plyler Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-19-025; Roy O. Nicholson, III, & Phyllis K. Nicholson; Staunton River Election District, RE, Residential Estates District, to A-1, Agricultural District (Supervisor Blackstock) Staff Contact(s): Gregory L. Sides Agenda Date: September 17, 2019 Item Number: 10.A.2 Attachment(s): NICHOLSON - CASE R-19-025 NICHOLSON - CASE R-19-025 MAP Reviewed By: SUMMARY: In Case R-19-025, Roy O. Nicholson, III, and Phyllis K. Nicholson, Petitioners, have Petitioned to rezone 13.72 acres from RE, Residential Estates District, to A-1, Agricultural District (to make the zoning consistent with the adjacent parcels of land zoned A-1). The parcel is located on Weatherford Drive in the Staunton River Election District. Once the parcel is rezoned, all uses listed under Pittsylvania County § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioners’ request. The County Staff Summary is enclosed. 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. 113 10.A.2.a Packet Pg. 114 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 115 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 116 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 117 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 118 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 119 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 120 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 121 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 122 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 123 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 124 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 125 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) 10.A.2.a Packet Pg. 126 Attachment: NICHOLSON - CASE R-19-025 (1746 : Rezoning Case R-19-025 Nicholson) Legend Assessed Parcels Parcel ID Number Parcels 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: NICHOLSON - CASE R-19-025 Date: 7/31/2019 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. 127 Attachment: NICHOLSON - CASE R-19-025 MAP (1746 : Rezoning Case R-19-025 Nicholson) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-19-026; Russell A. Eades; Staunton River Election District, MHP, Residential Manufactured Housing Park District, to R-1, Residential Suburban Subdivision District, MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District (Supervisor Blackstock) Staff Contact(s): Gregory L. Sides Agenda Date: September 17, 2019 Item Number: 10.A.3 Attachment(s): EADES - CASE R-19-026 EADES - CASE R-19-026 MAP2 Reviewed By: SUMMARY: In Case R-19-026, Russell A. Eades, Petitioner, has Petitioned to rezone 1.256 acres from MHP, Residential Manufactured Housing Park District, to R-1, Residential Suburban Subdivision District. Eades is also Petitioning to rezone 4.533 acres from MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District (to bring the existing use into compliance and to be consistent with his adjacent property zoned A-1). The parcels are located on Grit Road in the Stanton River Election District. Once the properties are rezoned, all uses listed under Pittsylvania County §§ 35-222 and 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is enclosed. 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. 128 10.A.3.a Packet Pg. 129 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 130 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 131 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 132 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 133 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 134 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 135 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 136 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 137 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 138 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 139 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 140 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 141 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 142 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 143 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 144 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 145 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) 10.A.3.a Packet Pg. 146 Attachment: EADES - CASE R-19-026 (1747 : Rezoning Case R-19-026 Russell A. Eades) Legend Assessed Parcels Parcel ID Number Parcels 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-19-026 Date: 8/2/2019 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. 147 Attachment: EADES - CASE R-19-026 MAP2 (1747 : Rezoning Case R-19-026 Russell A. Eades) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum; Westover Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Scearce) Staff Contact(s): Gregory L. Sides Agenda Date: September 17, 2019 Item Number: 10.A.4 Attachment(s): LANDRUM - CASE R-19-027 LANDRUM - CASE R-19-027 MAP Reviewed By: SUMMARY: Case R-19-027, William E. Landrum, Jr., and Lydia S. Landrum, Petitioners, have Petitioned to rezone a total of 62.45 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for subdivision of the properties for family). The parcels are located off Slaughter Avenue in the Westover Election District. Once the properties are rezoned, all uses listed under Pittsylvania County § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioners’ request. The County Staff Summary is enclosed. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.4 Packet Pg. 148 10.A.4.a Packet Pg. 149 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 150 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 151 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 152 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 153 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 154 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 155 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 156 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 157 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 158 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 159 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 160 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 161 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 162 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 163 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 164 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) 10.A.4.a Packet Pg. 165 Attachment: LANDRUM - CASE R-19-027 (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Lydia S. Landrum) Legend Assessed Parcels Parcel ID Number Parcels 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: LANDRUM - CASE R-19-027 Date: 8/2/2019 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. 166 Attachment: LANDRUM - CASE R-19-027 MAP (1750 : Rezoning Case R-19-027 William E. Landrum, Jr., & Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Fire and Rescue Ordinance (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: September 17, 2019 Item Number: 10.B.1 Attachment(s): 09-17-2019 Public Hearing Notice - Fire and Rescue Ordinance Public Safety ordinance CH11 final recommendation Reviewed By: SUMMARY: Christopher C. Slemp, Public Safety Director, in conjunction with an Ad Hoc Committee, has been working on a Fire and Rescue Ordinance for approximately eighteen (18) months. The Public Hearing was advertised in the Chatham Star Tribune on September 4, 2019 and September 11, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following the holding of the legally required Public Hearing, County Staff recommends approval of the Fire and Rescue Ordinance as presented. MOTION: “I make a Motion to approve the Fire and Rescue Ordinance as presented.” 10.B.1 Packet Pg. 167 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, September 17, 2019, 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 potential adoption of a new Chapter 11 of Pittsylvania County Code (“PCC”), entitled Public Safety, to replace and supersede the current PCC Chapter 11. A full text of the proposed Ordinance is available in the Pittsylvania 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.1.a Packet Pg. 168 Attachment: 09-17-2019 Public Hearing Notice - Fire and Rescue Ordinance (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 1 of 20 PITTSYLVANIA COUNTY CODE CHAPTER 11 PUBLIC SAFETY ARTICLE I. GENERAL. SEC. 11-1. ESTABLISHMENT OF THE PITTSYLVANIA COUNTY DEPARTMENT OF PUBLIC SAFETY. (a) In order to help ensure the protection of the citizens, visitors, and property of Pittsylvania County, Virginia (the “County”), and to afford all emergency services personnel the full benefit of the law, it has been deemed necessary to organize the emergency services operations within the County under a Department of Public Safety. (b) All current references to the existing Department of Emergency Services shall be carried forward as meaning the same as the Department of Public Safety. (c) In order to effectively carry out the provisions of subsection (a) of this Section, the County Department of Public Safety shall be created in place of the existing Department of Emergency Services. Any and all contracts, agreements and other legal documents currently in force under the Pittsylvania County Department of Emergency Services shall automatically transfer and remain in full legal force to the Public Safety Department. (d) The adoption of this Chapter by the Pittsylvania County Board of Supervisors formally abolishes the Fire/Rescue Medical Services Advisory Committee (“EMAC”) previously created by/in Pittsylvania County Code (“PCC”) § 31-3.1 and all other references to EMAC contained in any other PCC Section(s). SEC. 11-2. ESTABLISHMENT OF THE FIRE & EMS COMMISSION. (a) Establishment: The Board of Supervisors hereby creates and establishes the Fire and EMS (the “Commission”). (b) Purpose: The Commission provides recommendations regarding the County’s Fire and EMS systems in the County; oversees strategic planning efforts; and provides a mechanism for collaboration and coordination among the Public Safety Department, volunteer fire companies and rescue squads, and the Board of Supervisors on issues impacting fire, and emergency medical services. The Commission shall work with the Public Safety Director or his designee on these issues, and the Public Safety Department shall provide staff support to the Commission. The Commission shall submit such recommendations and reports to the Board of Supervisors as needed. The Commission shall assist with the development of the Fire and Rescue Services annual 10.B.1.b Packet Pg. 169 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 2 of 20 budget and Capital Improvement Projects. The Commission shall serve as a partner with the Department of Public Safety. Together, they should serve as a centralized unit responsible to the Board of Supervisors for all Fire and EMS issues throughout the County. (c) Membership Composition; Term: (1) The Commission shall be composed of nine (9) at-large Members appointed by the Board of Supervisors as follows: One (1) Member from a Fire Department located West of Highway 29 and North of Highway 57 and one (1) citizen at large from the same area; One (1) Fire Department Member from a Fire Department located East of Highway 29 and North of Highway 57 and one (1) citizen at large from the same area; One (1) Member of a Fire Department East of Highway 29, South of R and L Smith Road to its intersection with Franklin Turnpike, East of Franklin Turnpike, and East of the City of Danville, and South of Highway 57 and one (1) citizen at large from the same area; One (1) member from a Fire Department West of Highway 29, North of R and L Smith Road, West of Franklin Turnpike and West of the City of Danville and South of Highway 57 and one (1) citizen at large from the same area; One (1) Member from previous four (4) Departments must represent a Department that does transport EMS; and one (1) Member shall be from the Board of Supervisors. All the aforementioned appointed Commission Members shall have full and complete voting rights. The Director of Public Safety and one (1) Member from the County’s Fire and Rescue Association shall serve as an ex-officio Members with no voting rights. The Director of Public Safety shall be the Commission’s Staff Representative. Fire and Rescue Members appointed to the Commission must be from Fire and Rescue Agencies that are in good standing with the County and meeting all standards as set forth by the same. The Fire and Rescue Agencies within each quadrant of the County; as set forth in this Ordinance, shall recommend at least one Fire and Rescue Member(s) for potential appointment by Board of Supervisors. The Fire and Rescue Agencies may also recommend the citizens at large for appointment by the Board of Supervisors. However, the Board of Supervisors shall have full authority to appoint any and all citizen appointees to the Commission. (2) Terms: Determined by a drawing of lots at the Commission’s first Organizational Meeting, the nine (9) appointed members shall be appointed for initial terms as follows: 3, 1-year terms, 3, 2-year terms, and 4, 4-year terms, and, thereafter, each member shall serve for four (4) year terms. (3) Meeting Governance; Meeting Schedule: The Commission shall adopt bylaws and rules of procedures, as it deems appropriate, to govern the conduct of its business. Meetings shall be held as scheduled, not less than bi-monthly. 10.B.1.b Packet Pg. 170 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 3 of 20 SEC. 11-3. APPOINTMENT OF A DIRECTOR OF PUBLIC SAFETY. (a) The County Administrator, with input from the commission, shall hire and appoint a Director of Public Safety to carry out the responsibilities of the Department of Public Safety. Said Director shall in turn report to and be responsible to the County Administrator. (b) Effective upon adoption of this Chapter, the current Emergency Services Coordinator shall also become the Director of Public Safety, while also maintaining the position and duties of Emergency Services Coordinator. SEC. 11-4. RESPONSIBILITY AND AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety in conjunction with the commission shall provide overall direction and operational support of the Public Safety Divisions to carry out the provisions of Section 11-1(a) of this Chapter. (b) The Department of Public Safety shall be responsible for the promulgation of the Pittsylvania County Emergency Operations Plan and all laws, standard operating procedures, and other directives to help ensure that the provisions of said documents are provided for. (c) The Department of Public Safety shall have the authority to carry out its responsibilities as authorized by the Board of Supervisors and will be afforded all of the authority and protection of applicable laws and ordinances. SECS. 11-5 - 11-10. Reserved. ARTICLE II. FIRE PREVENTION AND PROTECTION. DIVISION 1. FIRE DIVISION. SEC. 11-11. ESTABLISHMENT OF COUNTY FIRE DIVISION. (a) In order to effectively carry out the provisions of Section 11-1(a) of this Chapter, and in order to provide all emergency services personnel with the full benefit of privileges, rights, and remedies available to them under law, a County Fire Division is hereby established to mitigate the effects of fire, hazardous materials, and explosions. (b) The following organizations and groups are hereby officially recognized as entities of the Department of Public Safety, Fire Division: • ST 1 - 16: Reserved for Public Safety • ST 17: Dry Fork Fire Department • ST 21: Chatham Fire Department 10.B.1.b Packet Pg. 171 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 4 of 20 • ST 22: Gretna Fire Department • ST 23: Ringgold Fire Department • ST 24: Kentuck Fire Department • ST 25: Tunstall Fire Department • ST 26: Renan Fire Department • ST 27: Mt. Cross Fire Department • ST 29: Riceville-Java Fire Department • ST 30: Bachelors Hall Fire Department • ST 31: Hurt Fire Department • ST 32: Climax Fire Department • ST 33: Mt. Herman Fire Department • ST 34: Blairs Fire Department • ST 35: Callands Fire Department • ST 36: Laurel Grove Fire Department • ST 37: Brosville Fire Department • ST 38: Cascade Fire Department • ST 39: Cool Branch Fire Department • ST 40: Riverbend Fire Department • ST 42: Keeling Fire Department (c) Each of the aforementioned Fire Departments shall be designated with a Boundary Service Fire District. Each of the aforementioned Fire Departments shall be required to enter into a Department Service Memorandum of Agreement (the “Fire MOA”) with the Board of Supervisors. If any aforementioned Fire Departments fail to maintain its corporate status, or otherwise fails to comply with any applicable regulations, contracts, SOG’s, or policies of the Department of Public Safety, the Board of Supervisors for said cause, or for other good cause as solely determined by the Board of Supervisors, which shall be deemed sufficient, may remove said Fire Department as an officially recognized entity by a majority vote of the Board of Supervisors. (d) Each Fire Department shall have a Chief, standardized line officers, and a membership roster. Said roster shall be provided annually to the Department of Public Safety unless there is a change in the officers of the department. (e) The following organization and groups are hereby officially recognized as non- jurisdictional entity which is authorized to provide services for the County’s Department of Public Safety, Fire Division: The Smith Mountain Lake Marine Fire Company. The Department of Public Safety may enter into a contract with said organization to provide services on a routine basis as authorized by the Board of Supervisors. Additionally, the County may enter into Mutual Aid Agreements with surrounding jurisdictions and agencies when deemed appropriate to do so by the Board of Supervisors. (f) Each of the above-mentioned organizations shall be assigned response areas that provide the best services to County citizens. These response areas shall be maintained in 10.B.1.b Packet Pg. 172 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 5 of 20 writing by the Department of Public Safety, a copy of which will be posted in the Emergency Communications Center and be made available to the public. The Department of Public Safety may amend or change these boundaries from time-to-time to provide the best services available. SEC. 11-12. RESPONSIBLE TO THE DEPARTMENT OF PUBLIC SAFETY. (a) Each of the organizations and groups mentioned in Sections 11-11(b) and (e) of this Chapter shall be responsible to the Department of Public Safety, and will carry out their assigned tasks to the best of their abilities. (b) Each Fire Department shall appoint a Department Chief who shall be responsible for the overall direction and control of Fire Department activities within their respective primary response areas. Additionally, said Department Chief shall ensure that their organization complies with all of the provisions of applicable laws, ordinances, and standard operating procedures implemented by the Fire and EMS Commission, and shall directly work with the to the Director of Public Safety, or his designee to provide fire, rescue and EMS services. SEC. 11-13. RESPONSIBILITIES AND AUTHORITY. (a) All officially recognized members of the organizations and groups mentioned above shall perform their respective duties, as outlined in standard operating procedures, applicable laws, and ordinances, to the best of their abilities. (b) All officially recognized members of the organizations and groups mentioned above shall be subject to the procedures and practices established by the Department of Public Safety and other applicable laws and ordinances. (c) While performing in their official capacity, each of the members of the organizations and groups mentioned above shall have the authority to carry out their respective assignments as provided for in applicable laws, ordinances, and standard operating procedures. SEC. 11-14. FIRE PERSONNEL AFFORDED CERTAIN PRIVILEGES, RIGHTS, AND REMEDIES. When providing services in their official capacity, and acting within the guidelines of the Department of Public Safety, all officially recognized members of the organizations and groups mentioned above shall be afforded all of the privileges, rights, and remedies available to them under law. 10.B.1.b Packet Pg. 173 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 6 of 20 SEC. 11-15. AUTHORITY OF CHIEF OR OTHER OFFICER IN CHARGE WHEN ANWERING ALARM; PENALTY FOR REFUSAL TO OBEY ORDERS. While any fire department or fire company is in the process of answering an alarm where there is imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of hazardous materials that threaten life or property and returning to the station, the chief or other officer in charge of such fire department or fire company at that time shall have the authority to (i) maintain order at such emergency incident or its vicinity, including the immediate airspace; (ii) direct the actions of the firefighters at the incident; (iii) notwithstanding the provisions of Code of Virginia §§ 46.2- 888 through 46.2-891, keep bystanders or other persons at a safe distance from the incident and emergency equipment; (iv) facilitate the speedy movement and operation of emergency equipment and firefighters; (v) cause an investigation to be made into the origin and cause of the incident; and (vi) until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. The fire chief or other officer in charge shall display his firefighter's badge or other proper means of identification. Notwithstanding any other provision of law, this authority shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of emergency equipment at a fire station. Any person or persons refusing to obey the orders of the chief or other officer in charge at that time is guilty of a Class 4 misdemeanor. The chief or other officer in charge shall have the power to make arrests for violation of the provisions of this section. The authority granted under the provisions of this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or emergency medical services agencies from performing their normal duties when operating at such emergency incident, nor to conflict with or diminish the lawful authority, duties, and responsibilities of forest wardens, including but not limited to the provisions of Virginia State Code Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1. Personnel from the news media, such as the press, radio, and television, when gathering the news may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the officer in charge, interfere with the fire department or fire company, firefighters, or emergency medical services personnel dealing with such emergencies, in which case the chief or other officer in charge may order such person from the scene of the emergency incident. SEC. 11-16. RECOGNIZED ORGANIZATION TO REPRESENT FIRE AND RESCUE AGENCIES WITHIN THE COUNTY. The Pittsylvania County Fire and Rescue Association, Inc. (“PCFRA”), is hereby officially recognized as representing a collective of agencies that provide Fire and EMS Services as referenced in Sections 11-11(b) and 11-71(b) of this Chapter. The PCFRA and the Public Safety Director, or his/her appointee, shall work in conjunction to carry out the day-to-day operations of 10.B.1.b Packet Pg. 174 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 7 of 20 the Division. The PCFRA President, or other PCFRA appointed representative, shall be recognized at every Fire and Rescue Commission meeting to report and update on matters concerning Pittsylvania County Fire and Rescue Association. The PCFRA shall annually provide, upon election, a list of Officers to the Commission no later than thirty (30) days from any election. SEC. 11-17. LIMITATION ON BURNING BRUSH, LEAVES, ETC., BETWEEN FEBRUARY 15 AND APRIL 30 AND IN GENERAL. (a) During the period beginning February 15 and ending April 30 of each year, it shall be unlawful for any person to set fire to brush, leaves, grass, debris, or any field containing dry grass or other inflammable material capable of spreading fire located in or within three (300) hundred feet of any woodland or brush land, except between the hours of 4:00 p.m. and 12:00 midnight. (b) When it is deemed necessary at the Director of Public Safety’s sole discretion, an open burning ban may be imposed on the entire County, or sections of the County, when conditions exist that would make open burning a threat to life or property, at any time during the year. (c) A violation of this Section shall constitute a Class 1 Misdemeanor. SEC. 11-18. PARTICIPATION BY CERTAIN MINORS IN VOLUNTEER FIRE COMPANY ACTIVITIES. Pursuant to the authority contained in Section 40.1-79.1, Code of Virginia, 1950, as amended, the County hereby authorizes any minor, sixteen (16) years of age or older, with parental or guardian approval, to work with or participate fully in all activities of a Volunteer Fire Company, provided such minor has attained certification under National Fire Protection Association 1001, Level One, Fire-Fighter Standards, as administered by the State Department of Fire Programs. Any trainer or instructor of such minor, or any member of a paid or Volunteer Fire Company who supervises such minor, shall be exempt from the provisions of the aforementioned Section of the Code of Virginia, provided the Volunteer Fire Company or the Board of Supervisors has purchased insurance which provides coverage for injuries to, or the death of, such minor in the performance of activities under this Section. SECS. 11-19 - 11-35. Reserved. DIVISION 2: STATEWIDE FIRE PREVENTION CODE; LOCAL FIRE PREVENTION. SEC. 11-36. ADOPTION OF THE STATEWIDE FIRE PREVENTION CODE. In order to provide the best fire prevention activities available to the County, the Virginia Statewide Fire Prevention Code is hereby adopted in the County by the Board of Supervisors. 10.B.1.b Packet Pg. 175 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 8 of 20 SEC. 11-37. APPOINTMENT OF A LOCAL/FIRE MARSHAL. (a) In order to carry out the provisions of the Virginia Statewide Fire Prevention Code adopted by the Commonwealth of Virginia, and other related Virginia Code Sections, a local Fire Official/Fire Marshal shall be appointed. If Police Powers are not granted, pursuant to Section 11-38 herein, the Director of Public Safety may appoint Fire Investigators/Inspectors. (b) The Public Safety Director shall appoint the local Fire Marshal. In the event said position is vacant, the Director of Public Safety may appoint a Deputy Fire Marshal to serve as the interim local Fire Marshal. SEC 11-38. POWERS; OFFICE OF FIRE MARSHAL. (a) The Fire Marshal, and all duly appointed assistants, shall be authorized to order immediate compliance with the provisions of this Chapter, and to exercise all powers authorized hereunder. (b) In addition to such other duties as may be prescribed by law, the local Fire Marshal, and those assistants appointed pursuant to Section 27-36, Code of Virginia, 1950, as amended, designated by the Fire Marshal, shall have the same police powers as a sheriff, police officer, or law-enforcement officer to include the authority to arrest, to procure and serve warrants of arrest and search warrants, and to issue summons in the investigation and prosecution of all related offenses involving the violation of fire prevention and fire safety laws and related ordinances, hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, possession and manufacture of explosive devices, substances, and fire bombs. (c) The police powers granted in this Section shall not be exercised by the Fire Marshal or any assistant until such person has satisfactorily completed a course for Fire Marshals with police powers, which course shall be approved by the Virginia Fire Services Board. In addition, the Fire Marshal, and those assistants with police powers, shall continue to exercise those powers only upon satisfactory participation in in-service and advanced courses and programs, which courses shall be approved by the Virginia Fire Services Board. The Fire Marshal and his assistants, before entering upon their duties, shall respectively take an oath, pursuant to Title 27, Code of Virginia, 1950, as amended. SEC. 11-39. RESPONSIBILITY AND AUTHORITY OF THE LOCAL FIRE MARSHAL. The local Fire Marshal/Fire Inspector-Investigator shall have responsibility and authority as outlined in the Statewide Fire Prevention Code and the Code of Virginia. SEC. 11-40. AUTHORITY TO APPOINT DEPUTY FIRE MARSHAL AND ASSISTANT FIRE MARSHAL. (a) When it is deemed necessary by the local Fire Administrator, and approved by the County Administrator, a Deputy Fire Marshal(s) and Assistant Fire Marshals may be 10.B.1.b Packet Pg. 176 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 9 of 20 appointed to carry out the requirements of the Statewide Fire Prevention Code and Title 27 of the Code of Virginia, 1950, as amended. (b) Deputy Fire Marshal (s) and Assistant Fire Marshal(s) shall be afforded all of the privileges, rights, and remedies available to them under law when acting in their official capacity as directed by the local Chief Fire Administrator. SEC. 11-41. LOCAL BOARD OF FIRE PREVENTION CODE APPEALS. The County Board of Building Code Appeals shall be designated as the Appeals Board to hear grievances arising from the application of the County Fire Prevention Code. SEC. 11-42. ADMINISTRATIVE PRACTICES. The Fire Marshal shall establish such procedures or requirements as may be necessary for administration and enforcement of this Ordinance. The procedures shall be approved by the Director of Public Safety. SEC. 11-44. FIRE INSPECTION FEES. The Fire Marshal, or his designee, shall have the ability to charge and collect fire inspection fees. A schedule of said fees shall be established annually by the Commission and approved by the Board of Supervisors. SECS. 11-45 - 11-70. RESERVED. ARTICLE III. EMERGENCY MEDICAL AND RESCUE SERVICES. SEC. 11-71. ESTABLISHMENT OF A COUNTY EMS DIVISION. (a) To effectively carry out the provisions of Section 11-1(a) of this Chapter, and to provide all emergency services personnel with the full benefit of privileges, rights, and remedies available to them under law, a County EMS Division is hereby established to mitigate the effects of accidents, disasters, and other medically and rescue-oriented emergency situations. (b) The following organizations and groups are hereby officially recognized as entities of the County Department of Public Safety, EMS Division: • SQ 1 - 8: Reserved for Public Safety • SQ 12: Chatham Rescue • SQ 13: Cool Branch Rescue • SQ 14: 640 Community Rescue • SQ 16: Angel Search & Rescue • SQ 23: Ringgold Fire & Rescue 10.B.1.b Packet Pg. 177 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 10 of 20 • SQ 22 Gretna Fire and Rescue • SQ 25: Tunstall Fire & Rescue • SQ 27: Mt. Cross Fire & Rescue • SQ 30: Bachelors Hall Fire & Rescue • SQ 33: Mt. Herman Fire & Rescue • SQ 34: Blairs Fire & Rescue • SQ 35: Callands Fire & Rescue • SQ 37: Brosville Fire & Rescue • (c) Each of the aforementioned EMS Departments shall be designated with a Boundary Service EMS District. Each of the aforementioned EMS Departments shall be required to enter into a Service Department Memorandum of Agreement (the “EMS MOA”) with the Board of Supervisors. If any aforementioned EMS Departments fail to maintain its corporate status, or otherwise fails to comply with any regulations, contracts, SOG’s, or policies of the Department of Public Safety, the Board of Supervisors for said cause, or for other good cause as solely determined by the Board of Supervisors, which shall be deemed sufficient, may remove said EMS Department as an officially recognized entity by a majority vote of the Board of Supervisors. (d) Each EMS Department shall have a Chief, standardized line officers, and a membership roster. Said roster shall be provided semi-annually to the Department of Public Safety. (e) The following organizations and groups are hereby officially recognized as non- jurisdictional entities which are authorized to provide services for the County’s Department of Public Safety, EMS Division: SQ 09: North Halifax Fire & Rescue; and SQ 20: Danville Life Saving Crew and any county contracted ambulance provider. The Department of Public Safety may enter into contracts with these organizations to provide services on a routine basis as authorized by the Board of Supervisors. Additionally, the County may enter into Mutual Aid Agreements with surrounding jurisdictions and agencies when it is deemed appropriate to do so by the Board of Supervisors. (f) Each of the above-mentioned organizations shall be assigned response areas that provide the best services to County citizens. These response areas shall be maintained in writing by the Department of Public Safety, a copy of which will be posted in the Communications Center and available to the public. The Department of Public Safety may amend or change these boundaries from time-to-time to provide the best services available. SEC. 11-72. RESPONSIBLE TO THE DEPARTMENT OF PUBLIC SAFETY. (a) Each of the organizations and groups mentioned in Section 11-71 (b) and (e) shall be responsible to the Department of Public Safety, and will carry out their assigned tasks to the best of their abilities. 10.B.1.b Packet Pg. 178 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 11 of 20 (b) Each EMS organization shall appoint a District Chief/Captain, who shall be responsible for the overall direction and control of EMS service activities within their respective primary response areas. Additionally, the Chief/Captain shall ensure that their organization complies with all of the provisions of applicable laws, ordinances, and standard operating procedures implemented by the Fire and EMS Commission, and shall directly work with the to the Director of Public Safety, or his designee to provide fire, rescue and EMS services. SEC. 11-73. RESPONSIBILITIES AND AUTHORITY. (a) All officially recognized members of the organizations and groups mentioned above shall perform their respective duties, as outlined in standard operating procedures and applicable laws and ordinances, to the best of their abilities. (b) All officially recognized members of the organizations and groups mentioned above will be subject to the procedures and practices established by the County Department of Public Safety and other applicable laws and ordinances. (c) While performing in their official capacity, each of the members of the organizations and groups mentioned above shall have the authority to carry out their respective assignments as provided for in applicable laws, ordinances, and standard operating procedures. SEC. 11-74. EMS PERSONNEL AFFORDED CERTAIN PRIVILEGES, RIGHTS, AND REMEDIES. When providing services in their official capacity and acting within the guidelines of the Department of Public Safety, all officially recognized members of the organizations and groups mentioned above shall be afforded all of the privileges, rights, and remedies available to them under law. SEC. 11-75. OBEDIENCE TO ORDERS OF THE SENIOR OFFICER IN CHARGE AT SCENE OF ACCIDENTS, DISASTERS, AND OTHER MEDICALLY AND RESCUE- ORIENTED INCIDENTS. Every person present at the scene of an accident, or other medically or rescue-oriented incident, shall be obedient to the orders of the Senior Officer in Charge in any matter relating to removal and protection of persons and property endangered; freedom of rescue squad, medical personnel and apparatus to perform their duties or to function properly; and the maintenance of order at or near the scene of an accident or other medically or rescue-oriented incident, and it shall be unlawful and a Class 1 Misdemeanor for any person to disobey any such order of the Senior Officer in Charge. The Senior Officer in Charge shall have authority to arrest persons who disobey such orders and to hold them in custody until the incident or danger is abated, at which time the violator shall be dealt with according to law. 10.B.1.b Packet Pg. 179 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 12 of 20 SECS. 11-76 - 11-80. RESERVED. ARTICLE IV. RECOVERY OF EXPENSES FOR RESPONSE TO CERTAIN EMERGENCY CALLS. SEC. 11-81. HAZARDOUS MATERIALS INCIDENTS. (a) The Department of Public Safety shall make every attempt to recover expenses incurred while performing official duties at the scene of a hazardous materials incident. (b) When the incident requires the resources of the County Department of Public Safety or any county volunteer fire or rescue agencies, the responsible party shall be responsible for reimbursement of expenses directly to the County Department of Public Safety for all expendable items used, apparatus, equipment, and personnel charges at a fee for service set by the Board of Supervisors. (c) Monies recovered from such incidents shall be appropriated back to the responding Departments and/or the Public Safety Department to help replace items used, and provide for partial funding of capital projects required to maintain and operate the hazardous materials response capabilities within the County. (c) When the resources used involve both County resources and resources of another jurisdiction, agency, or the State, the funds shall be recovered using the same rates as established in paragraph (b) above. Pursuant to State Statute, in this instance, the Virginia Department of Emergency Management has the responsibility to collect for any expenses incurred for state resources. SEC. 11-82. NEGLIGENT AND UNLAWFUL ACTS. (a) The Department of Public Safety shall make every attempt to recover expenses incurred while performing official duties at the scene of a negligent or unlawful act as determined by a court of competent jurisdiction. (b) When the resources used involved both County resources and resources of another jurisdiction, agency, or the State, the funds shall be recovered using the same rates as established in Section 11-81(c) of this Chapter. If requested to do so, the Department of Public Safety is authorized to reimburse other jurisdiction and agencies their funds collected by the County as a result of the same incident. (c) Monies recovered from such incidents shall be appropriated back to the Department of Public Safety to help replace items used, and provide for partial funding of capital projects required to maintain and operate the emergency services response capabilities within the County. 10.B.1.b Packet Pg. 180 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 13 of 20 SEC. 11-83. SERVICE FEE FOR EMERGENCY AMBULANCE TRANSPORT PROGRAM. (a) Pursuant Section 32.1-111.14, Code of Virginia, 1950, as amended, it is hereby determined and declared that the exercise of the powers and duties set forth herein are necessary to assure the provision of adequate and continuing emergency services, and to preserve, protect, and promote the public health, safety, and general welfare. (b) Definitions: (1) Permitted Agencies: Those emergency medical service transport agencies authorized to provide emergency medical services, basic life support, and/or advanced life support who are officially recognized in Section 11-71(b) of this Chapter. (2) Participating Agencies: Those emergency medical service transport agencies who provide basic life support and/or advanced life support recognized as Permitted Agencies in Section 11-71(b), of this Chapter. (3) Emergency Medical Transport System: All components of emergency medical transportation available within the County. (4) Basic Life Support (“BLS”): Services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medical Services (“EMS”) Educational and Practices Blueprint for the Emergency Medical Technician (“EMT”)-Basic. (5) Advanced Life Support Level 1 (“ALS-1”): Services shall be medical treatment of procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National EMS Education and Practice Blueprint. (6) Advanced Life Support Level 2 (“ALS-2”): Services shall be defined as Advanced Life Support (“ALS”) services provided to a patient including any of the following medical procedures: (i) manual defibrillation/cardioversion, (ii) endotracheal intubation, (iii) intra-venous line, (iv) cardiac pacing, (v) chest decompression, (vi) surgical airway; or (vii) intraosseous line, and the administration of three (3) or more medications. (7) Ground Transport Mileage (“GTM”): Shall be statute mile from the location of the incident, scene, or center point of a rescue demand zone where an incident scene or address is located, to a hospital or other facility where a patient is transported. 10.B.1.b Packet Pg. 181 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 14 of 20 (8) Treatment without Transport: 9-1-1 patient that accepts emergency medical care but declines transport to a hospital emergency department; treatment that is of the BLS level, as defined by county, will be charged at the “refusal” rate; treatment at that is ALS1 or higher will be charged at the “treatment without transport” rate. (9) Patient Refusal: When a patient or patient’s family member calls 9-1-1 and request emergency medical services and the patient refuses any treatment by emergency medical services and/or transport to a hospital emergency department. (10) Long Term Care Facility: A facility that provides rehabilitative, restoration, and/or ongoing skilled nursing care to patients or residents in need of assistance with activities of daily living. Long-term care facilities include nursing homes, rehabilitation facilities, inpatient behavioral health facilities, and long-term chronic care hospitals. (c) The schedule of rates for emergency ambulance transport services by Permitted Agencies shall be set in accordance with a Schedule recommended by the Commission and adopted by the Board of Supervisors. (d) The Department of Public Safety shall adopt appropriate rules and policies for the administration of the charges imposed by this Section, including, and not limited to, payment standards for those persons who demonstrate economic hardship, as established by this Ordinance. (e) Billing: (1) The County, or its agent, shall generate a bill for ambulance transports or patient treatment with no transport and/or refusals whose point of origin is within the boundaries of the County performed by all ambulances operated by an agency licensed and chartered in the County by the Commonwealth of Virginia and mentioned in Section 11-71(b) above. Organizations are required to submit information required for the County, or its agent, to generate a bill for such services. The County will not generate a bill for ambulance transport by organizations mentioned in Section 11-71(b) above that would be considered humanitarian assistance (meaning activities not undertaken as a result of a call for emergency assistance to the County Public Safety Communications Center). Due to the fact that patient care information is highly confidential under several state and federal laws, Call Sheets/Patient Care reports will remain the responsibility of the agency responding to individual calls. Information shared under this Subsection shall be that information reasonably necessary to accomplish the billing process or other arrangement as mutually agreed to by the providing agency and the County. (2) The County may generate a bill for ambulance service in the primary response areas of organizations mentioned in Section 11-71(b) above, and in adjoining localities by separate agreement between the County, the adjoining locality, and the organization. (3) Fees and Responsibility for Payment: Payment of all charges for ambulance services, including evaluation, treatment, patient refusals, or ambulance transport, shall be the responsibility of the patient or the parent, guardian, or other legally responsible party in the case of a minor or an individual deemed incompetent. 10.B.1.b Packet Pg. 182 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 15 of 20 (4) A charge of two hundred dollars ($200.00), in addition to any other applicable EMS fees, shall be billed to an originating long term care facility requesting 9-1-1 emergency medical services for a patient when it is determined by the responding agency that the patient did not have a life threatening or potentially life threatening medical condition. (c) Reserved. (d) Billing Contractor: The County may contract with a third-party for billing and related services. (e) Reserved. (f) Collections: Billing and collection policies and services will be established by the Commission. No provider mentioned in Section 11-71(b) above will accept or receive payment directly from a patient or on behalf of a patient for services rendered to a patient. Funds collected from EMS billing shall be returned to the agency who transported said patient. The county may hold 1% of collected cost to offset administrative cost. (g) Nothing in this section shall require county EMS agencies to participate in the County EMS billing program. (h) Billing Process: (1) Patients will fall into one (1) of the following categories for billing purposes: (i) Insured through third-party health insurance company, Medicare, or Medicaid: The appropriate health insurance carrier will be billed. Any applicable copayments, co-insurance, deductibles, or other similar payments, will be billed to the patient except as provided for herein. (ii) No third-party source of payment: If there is no third-party source of payment, a bill is to be sent to the patient transported. If the individual has the financial ability to pay, then payment of the outstanding charges are required, except as otherwise provided for herein. If the patient can demonstrate a financial hardship and qualifies for reduced payments pursuant to this Chapter, then the patient shall be eligible for a reduction or waiver of the amount of the charges due. (i) Billing Contractor: The Board of Supervisors may contract with a third-party for billing and related services. (j) Ability to Pay Program: (1) When any patient is billed for a transport or copayment pursuant to this Ordinance, and because of limited financial resources or assets, a procedure shall be established by the Department of Public Safety for such patient to apply for a reduction or waiver in the charge due. 10.B.1.b Packet Pg. 183 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 16 of 20 (2) The Department of Public Safety shall establish an ability to pay scale and eligibility criteria for individuals who can demonstrate financial hardship. (3) The Ability to Pay Program shall establish an equitable fee policy for those situations where the patient is unable to meet the ambulance transport charge because of demonstrated financial hardship. (4) A patient representing that there exists a financial hardship will submit information sufficient to determine such hardship. If it is determined that payment of the emergency ambulance transport charges creates a financial hardship, charges due may be reduced or waived according to the scale by the Department of Public Safety. (k) Collections: Billing and collection policies and services will be established by the Department of Public Safety. No Participating Agency will directly accept or receive payment for services rendered to a patient. SEC. 11-84. FIRE SERVICE FEES AND CHARGES PROGRAM. (a) Fee Schedule: The Board of Supervisors is hereby authorized to establish Fire Service Fees and Charges for the use of the County-recognized Fire District equipment and Department of Public Safety equipment, supplies, and personnel in the performance of firefighting and rescue operations. The Board of Supervisors, upon the Commission’s recommendation, shall set Fire Service Fees and Charges annually. Said Fee Structure is based upon the number and nature of the equipment, supplies, and personnel used in the emergency operation. (1) The County, or its agent, shall generate a bill for Fire Service whose point of origin is within the boundaries of the County performed by all Fire Departments operated by an agency licensed and chartered in the County by the Commonwealth of Virginia, and mentioned in Section 11-11(b) above. Organizations are required to submit information required for the County, or its agent, to generate a bill for such services. The County will not generate a bill for fire service by organizations mentioned in Section 11-11(b) above that would be considered humanitarian assistance (meaning activities not undertaken as a result of a call for emergency assistance to the County Public Safety Communications Center). Information shared under this Subsection shall be that information reasonably necessary to accomplish the billing process or other arrangement as mutually agreed to by the recognized agency and the County. (2) The County may generate a bill for Fire Service in the primary response areas of organizations mentioned in Section 11-11(b) above and in adjoining localities by separate agreement between the County, the adjoining locality, and the organization. (3) Fees and Responsibility for Payment: Payment of all charges for Fire Services, shall be the responsibility of the parent, guardian, or other legally responsible party in the case of a minor or an individual deemed incompetent. (b) Reserved. 10.B.1.b Packet Pg. 184 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 17 of 20 (c) Billing Contractor: The County may contract with a third-party for billing and related services. (e) Reserved. (d) Collections: Billing and collection policies and services will be established by the Commission. No organization mentioned in Section 11-11(b) above will accept or receive payment directly for services rendered. (e) Nothing in this section shall require county agencies to participate in this billing program. (f) Billing Process: Responsible Parties will fall into one (1) of the following categories for billing purposes: (1) The appropriate homeowners/automobile insurance carrier will be billed in accordance with Virginia Code section 38.2-2130. Any applicable copayments, co-insurance, deductibles, or other similar payments, will be billed to the responsible party except as provided for herein. (g) Billing Contractor: The Board of Supervisors may contract with a third-party for billing and related services. (h) Ability to Pay Program: (1) When any homeowner/automobile owner is billed for Fire Service or copayment pursuant to this Ordinance, and because of limited financial resources or assets, a procedure shall be established by the Department of Public Safety for such insured person and/or responsible party to apply for a reduction or waiver in the charge due. (2) The Department of Public Safety shall establish an Ability to Pay scale and eligibility criteria for individuals who can demonstrate financial hardship. (3) The Ability to Pay Program shall establish an equitable fee policy for those situations where the insured person and/or responsible party is/are unable to meet the Fire Service charge because of demonstrated financial hardship. (4) An insured party and/or responsible party representing that there exists a financial hardship may submit information sufficient to determine such hardship. If it is determined that payment of the Fire Service Fees and Charges creates a financial hardship, charges due may be reduced or waived according to the scale by the Department of Public Safety. (j) Collections: Billing and collection policies and services will be established by the Department of Public Safety. No Participating Agency will directly accept or receive payment for services rendered to a patient. SEC. 11-85. RESERVED. 10.B.1.b Packet Pg. 185 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 18 of 20 SEC. 11-86. DESTRUCTION OF EQUIPMENT. The County may charge for all equipment damaged or destroyed at the scene of a Fire/EMS call and/or all supplies utilized in said activity. SEC. 11-87. BILLING; USE OF FUNDS. Billing for the fees imposed herein shall be managed by the Director of Public Safety, and all funds shall be returned to the Agency generating said funds, and utilized by appropriation by the Board of Supervisors for the purchase, operation, repair, and maintenance of equipment, supplies, and training for Fire/EMS personnel. SEC. 11-89. NON-DEPARTMENTAL EMS PROVIDER (A) Permits (A) It shall be unlawful for any person or organization to provide emergency medical services, medical transportation, or operate vehicles for those purposes within the confines of the county for the emergency or nonemergency transportation of patients, without first being granted a permit by the Director of Public Safety, except when a mutual aid agreement has been approved by the Director or pursuant to mutual aid arrangements authorized by statute and approved by the Director. The Director may issue such permits including conditions established by the Department. This requirement shall not apply to any EMS agency recognized by the Code of Pittsylvania County, any private ambulance service provider under contract with Pittsylvania County or any hospital based private ambulance service provider operating from a hospital within the borders of Pittsylvania County. (B) Permits shall expire one (1) year from the date of issuance unless renewed by the Director in accordance with regulations of the department. Fees for said permit shall be established by the Fire and Rescue Commission. Fees collected from said permits shall be used for the requirement and retention of volunteer fire and rescue members. (C) The Director may decline to renew, revoke or suspend any permit upon a finding that any conditions of the permit have been violated, that federal, state or local laws or regulations have been violated or that the public health, safety or welfare is endangered by continued operation of the entity. Except in the case of a condition posing a danger to the public health or safety, no nonrenewal, revocation or suspension action shall be taken by the Director prior to notice and reasonable time being given to the permittee for correction of the condition. (D) Non-departmental applicants and providers shall provide to the Director any information and records requested during the course of the application or renewal process or during the effective period of any permit. (B) PROCEDURE FOR PERMIT APPLICATIONS (A) Any person or organization desiring a permit shall make application to the Director on a form prescribed by the director. (B) Each application shall include an explanation of the need for the services in the area to be served by the applicant, a complete description of the type of service proposed, 10.B.1.b Packet Pg. 186 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 19 of 20 evidence that the applicant is trained, equipped and otherwise qualified in all respects to render first-aid, emergency and transportation services in the area indicated in the application, and certification or other information related to criminal and driving records of providers if required by the Director. (C) Each permit application shall include any other information required by the Director and the applicant's notarized certification that all requisite state permits and certifications for its vehicles, operations and personnel are current and that its operations and personnel meet all applicable current federal, state and local requirements. (D) Each applicant shall certify that no person who is to provide services is, or shall be, under the age of eighteen (18) years. (C) ISSUANCE AND ADMINSTRATION (1) The Director shall consider each properly filed application. Should the director find: 1.) That there is a need for the specified type of EMS within the county; 2.) That the need will be properly served by the applicant; and 3.) That the applicant and any employees or personnel of the applicant are property trained and, equipped and otherwise qualified, the Director may issue a permit under such conditions as the director deems appropriate. (2) Copies of all applications and all permits shall be retained by the Director, who shall be responsible for reviewing the permit prior to expiration and either renewing the permit or denying the renewal, or other action. (3) The Director may suspend or revoke the permit of any permittee should it be found by the Director, upon investigation, that the permittee is not in compliance with federal, state or local laws, regulations or conditions of the permit or that the continued operation poses a danger to public health, safety or welfare. (4) Except in the case of a condition posing a danger to the public health or safety, no revocation, nonrenewal or suspension action shall be taken prior to written notice and reasonable time being given to the permittee for correction of the condition. (D) PENALTY (1) Failure to comply with this section shall result in a $1000 civil fine for the first offence in a 12-month period, a $1500 fine for the second offence in a 12-month period and $2000 fine for any subsequent violation(s) in a 12-month period. SEC. 11-90 – Reserved Sec. 11-91 Provision of fire department services and emergency medical services at public events or private businesses or places of public entertainment. (a) The County Administrator is empowered to direct the Public Safety Director to assign fire and EMS personnel at public events or private businesses or places of public entertainment where the character of such public event or private business or public 10.B.1.b Packet Pg. 187 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: 07/19/19 Page 20 of 20 entertainment is, in the opinion of the Public Safety Director, such as to make it advisable to have fire and EMS personnel at the event. (b) The number of personnel assigned to such public event or private business or place of public entertainment shall be determined by the Director of Public Safety in coordination with the promoter or person in charge of such event or business or place. The personnel assigned shall at all times be under the supervision of the Director of Public Safety or his designee and subject to the rules and regulations of the Public Safety Department. (c) Fees or charges for the use of Fire and EMS personnel and apparatus pursuant to this section shall be in such amount as is prescribed by the Department. All such fees shall be paid in advance to the Director of Public Safety, and by him, paid over to the Director of Finance. All fees earned shall be directed back to the agency providing personnel and apparatus. 10.B.1.b Packet Pg. 188 Attachment: Public Safety ordinance CH11 final recommendation (1752 : Public Hearing: Fire and Rescue Ordinance (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Revisions to Pittsylvania County Code § 2-22, Running at Large Restrictions in Designated Areas (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: September 17, 2019 Item Number: 10.B.2 Attachment(s): 09-17-2019 Public Hearing Notice - Running at Large Restrictions Dog Control Area PCC Redline Reviewed By: SUMMARY: On August 14, 2019, the Legislative Committee unanimously recommended to the full Board the attached revisions to Pittsylvania County Code § 2-22(b), Running at Large Restrictions in Designated Areas. At the August 20, 2019, Business Meeting, the Board unanimously authorized County Staff to advertise the same for a Public Hearing for potential adoption at tonight’s Meeting. Said Public Hearing was legally advertised in The Chatham Star Tribune. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following the holding of the legally required Public Hearing, County Staff recommends the Board approve the revisions to Pittsylvania County Code § 2-22(b) as presented. MOTION: “I make a Motion to approve the revisions to Pittsylvania County Code § 2-22(b) as presented.” 10.B.2 Packet Pg. 189 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, September 17, 2019, 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 potential revisions to Pittsylvania County Code §2-22, Running at Large Restrictions in Designated Areas. The full text of the proposed revisions is available in the Pittsylvania 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. 190 Attachment: 09-17-2019 Public Hearing Notice - Running at Large Restrictions (1753 : Public Hearing: Revisions to Pittsylvania County Code § PITTSYLVANIA COUNTY CODE SEC. 2-22. RUNNING AT LARGE RESTRICTIONS IN DESIGNATED AREAS. (a) Notwithstanding the provisions of Section 2-13, it shall be unlawful for any dogs, licensed or unlicensed to run at large within certain designated subdivisions, towns, villages, or other defined areas. (B.S.M. 4/19/05). (b) At least seventy-five percent (75%) majority of the property owners in any R-1 zoned subdivision, town, village, or other defined area within Pittsylvania County may petition the Board of Supervisors to be included among those areas within which it is unlawful for dogs to run at large. Only one (1) owner per property shall be counted towards the above-required percentage. The Petitioner shall be required to fully pay for any and all advertising costs associated with the Public Hearing on their petition. Upon receipt of such petition, the Board shall consider (1) whether the petition is signed by at least seventy-five (75%) percent a majority of the property owners within the area, and (2) whether the area is well enough defined to permit adequate enforcement by the Animal Control Officer. Thereafter, the Board shall vote upon the petition. If a majority of the members of the Board vote in favor of the petition, the area designated therein shall be added to those on file in the County Administrator’s Office. If the Board approves the petition, the Petitioner shall pay the County for all costs associated with producing and installing the “no dogs running at large” signs.. (c) The following areas shall be designated areas restricting dogs running at large. (1) Quailwood Subdivision, off Orphanage Road in the Mt. Hermon area as recorded in Map Book 43, Page 67 H, Section 2, Lots 1-26, 28 and 29. (2) Fairfield Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 14, Pg. 84, Sec. A, B, C, D; Pg. 31, Map Book 20, Pg. 65; Map Book 31, Pg. 98. (3) Ridgecrest Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 15, Pg. 51, Sec. A, B, C, D, E; Map Book 22, Pg. 17, Sec. A, B, C; Map Book 33, Page 41, Sec. B, F; Map Book 33, Pg. 42, Sec. G. (4) Olde Hunting Hills Subdivision, off Mt. Cross Road, Secondary Highway 750 as shown on maps recorded in Map Book 23, Pg. 93, Sec. K., Sec. L-Lt. 7A, Sec. B-Lt. 18A; Map Book 13; Pg. 94 Sec's A-1A-3A, B-1-6, C-1-3; Map Book 16, Pg. 8, Sec's A-4, 5, B- 18-24, L-1-7; Map Book 26, Pg. 25, Sec's A, L, M; Map Book 37, Pg. 49, Sec's L, M, N; Map Book 39, Pg. 12, Sec's A, M, N, P; Map Book 40, Pg. 188, Sec's A, P; Map Book 14, Pg. 65, Sec's D, E. (5) Laurel Woods Subdivision, off Golf Club Road in the Mt. Hermon area as recorded in Map Book 21, Page 7, Sections A, B; Map Book 40, Page 17. (B.S.M. 7/19/05; effective 9/1/05). 10.B.2.b Packet Pg. 191 Attachment: Dog Control Area PCC Redline (1753 : Public Hearing: Revisions to Pittsylvania County Code § 2-22, Running at Large (6) Mountain View Place Subdivision, off R & L Smith Drive, State Route 863, as recorded in Deed Book 848, Page 748, Sections A & B, Plat Book 43, Page 148-L, Tax I.D. #125-A-47, Zoning R-1. (B.S.M. 9/20/05 effective 10/21/05). (7) Stoneridge Subdivision, off Pinecroft Road, State Road 747, as recorded in Deed Book 1176, Page 102; DB 1309, Pg 651; DB 1324, Pg 662; DB 1330, Pg 490; DB 1332, Pg 729; DB 1352, Pg 090; DB 1353, Pg 124; DB 1354, Pg 457; DB 1402, Pg 140; DB 1403, Pg 858; DB 1431, Pg 623; DB 1443, Pg 406; DB 1452, Pg 400; DB 1455, Pg 622; DB 1461, Pg 219; DB 1475, Pg 009; DB 1478, Pg 617; DB 1499, Pg 646; DB 1511, Pg 605; DB 1513, Pg 488; DB 1522, Pg 850. (B.S.M. 7/18/06). (8) A portion of Stony Mill Road, beginning at the intersection of SR 869 & SR 844 and ending at the Stony Mill Bridge at Sandy River. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (9) Mt. Hermon Place Subdivision, from Samuel Road to the end of Pepper Lane, and the cul-de-sacs of Samuel Road, Samuel Ct., Samuel Bend, and Franklin Place as recorded in MB 39, Pg 199; DB 840, Pg 323; MB 40, Pg 84; MB 43, Pg 139B; MB 43, Pg 26J; MB 39, Pg 55; MB 40, Pg 13; MB 42, Pg 193; MB 43, Pg 21C; MB 43, Pg 30G; MB 43, Pg 170B; MB 42, Pg 142. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 10/21/08; effective 11/03/08). (10) Huckleberry Hills Subdivision, from Blue Ridge Drive/SR 634 to end of Banley Street/SR 980, as recorded in DB 1191, Pg 581; DB 1191, Pg 578; DB 606, Pg 164; DB 587, Pg 113; DB 1268, Pg 052; DB 1463, Pg 643; DB 1202, Pg 782; DB 586, Pg 46; DB 998, Pg 609; DB 533, Pg 583; DB 557, Pg 487; DB 1025, Pg 004; DB 894, Pg 124; DB 551, Pg 547; WF 09, Pg 00134; including 250 feet around 125 Banleys Street #2532-73- 2915 in the Staunton River District. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 5/19/09). (11) Dogwood Estates Subdivision, including the entire subdivision from Ridgecrest Drive (SR 744), along Dogwood Lane (SR 1540), along all of Maple Drive (SR 1541), along all of John Drive (SR 1558) and to the end of Allen Place (SR 1559) as recorded in MB 43, Pg 63C; MB 29, Pg 53 MB 43, Pg 156K; MB 43, Pg 156J; Plat Cabinet 2, Pg 232C. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 4/17/12). (12) Wayside Acres Subdivision, from Hillside Road (Route 1115), to Hogan Street, to Ridgeview Road (Route 1114) MB 2, Pg 100, including Ollie S. Short Subdivision, DB 415, Pg 344 and Pg 345. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 11/05/12). (13) Sunset Bay Subdivision, from Rose Street (SR 758) to the Sandy Court cul-de-sac, along Sunset Bay Road to the Crestview Lane cul-de-sac as recorded in MB 43, Pg. 287E; MB 43, Pg. 251G and MB 43, Pg. 251H. A Map is available for viewing in the Office of 10.B.2.b Packet Pg. 192 Attachment: Dog Control Area PCC Redline (1753 : Public Hearing: Revisions to Pittsylvania County Code § 2-22, Running at Large the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 2/19/2013). (14) Lakeside Drive the entire length Lakeside Drive coming off U.S. 29N thru its entire length of 2051.18 feet upon reaching the dead-end, in the Banister Electoral District. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 1/21/14). (15) Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia, with a controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753, and ending at Shula Drive/SR 642. (B.S.M. 12/15/2015) (16) Restriction to include the entirety of Green Farm Road/SR 719 in the Banister and Dan River Election Districts. (B.S.M. 12/09/2017). 10.B.2.b Packet Pg. 193 Attachment: Dog Control Area PCC Redline (1753 : Public Hearing: Revisions to Pittsylvania County Code § 2-22, Running at Large Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Budget Amendments/Appropriations (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 17, 2019 Item Number: 12.a Attachment(s): Budget Amendments Attachment Reviewed By: SUMMARY: Several Budget Amendments need to be considered for approval and appropriation to the FY2019-2020 County Budget. These Amendments include: a.) Health Department Approval to use Un-utilized Funds for FY2019 and FY2020: Attached is e-mail correspondence from the Pittsylvania-Danville Health District requesting the use of $31,000 from the FY2019 County Budget and $11,819 from the FY2020 County Budget. These funds are local funds that have already been obligated by the County but have not been earmarked by the Health Department. They plan to utilize these funds to purchase Shingrix vaccines to offer to the community at no cost. If this request is not approved by the Board, these funds would be returned by the Health Department to the County. b.) CDBG Planning Grant Appropriation: The Department of Housing and Community Development has awarded the County a Planning Grant in the amount of $40,000 for developing solutions for Community Development needs in the Gunn Garland Road area. These funds need to be appropriated to the Grants Funds to cover expenditures related to this Project. c.) Virginia Brownfield Restoration and Economic Redevelopment Assistance Fund Appropriation: The Virginia Economic Development Partnership Authority and the Virginia Resources Authority approved a Virginia Brownfield Restoration and Economic Redevelopment Assistance Fund Grant for the Burlington Industries Property in Hurt, Virginia, in a total amount of $99,800. These funds need to be appropriated to the Economic Development Fund to cover costs incurred to restore and revitalize the property in the SOVA Multimodal Park in Hurt, Virginia. d.) Sale of Surplus Landfill Property Appropriation: The County recently sold landfill equipment on GovDeals in the amount of $16,870.00. These funds should be appropriated back to the Compactor Site Improvement Line Item (520-4-094110-8133) 12.a Packet Pg. 194 so that continued improvements can be made to our current compactor site equipment. e.) WIA-Pathways Grant: The Workforce Investment Board utilized Pathways Grant Funds to provide services to different entities in the Community. Those organizations were responsible for the cost of these contractual services and as such, reimbursed the Workforce Investment Board for the services. A total of $63,367.78 needs to be re- appropriated to the Pathways Grant to cover the costs of these services. f.) Beautification Fund Transfer: The Beautification Fund has been established to track the sponsorships and expenses associated with the beautification of entrance signs located throughout the County. County Staff has determined that the initial cost of these signs exceeds the sponsorship provided for the signs. Sponsorships are for a five (5)-year period and costs will be recouped over this time period, however; the Fund, which is currently in the red, will need additional funds to cover costs until years two (2) and three (3) of each sponsorship. County Staff desires to transfer a total of $40,000 from the Building & Grounds Capital Line Item (310-4-094130-8158) to be repaid in the future by funds received from sponsorships in years two through three (2-3). FINANCIAL IMPACT AND FUNDING SOURCE: Allowing the Health Department to use local funds that have already been provided to them would not create an additional financial burden on the County. County Staff has not budgeted a refund amount from the Health Department in either the FY2019 County Budget or the FY2020 County Budget. All Grant Funds listed above require no local County match from and would therefore not produce a negative financial impact to the County. The sale of landfill equipment has produced additional funds that can be used for the upkeep of current equipment, which creates no financial burden on the County. Lastly, the transfer from the Capital Improvements Fund has already been budgeted in the FY2020 County Budget and would not create an additional local burden to transfer these funds to the Beautification Fund. RECOMMENDATION: County Staff recommends the Board consider the approval of the items listed above. MOTION: “I make a Motion to approve the Budget Aendments listed above and allow the Health Department to retain local Budget Funds from FY2019 and FY2020 to provide additional services to the community as stated above.” 12.a Packet Pg. 195 12.a.a Packet Pg. 196 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 197 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 198 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 199 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 200 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 201 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 202 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 203 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 204 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 205 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 206 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) 12.a.a Packet Pg. 207 Attachment: Budget Amendments Attachment (1736 : Budget Amendments/Appropriations) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing Authorization for Amendment to PCC § 6-3.1 (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: September 17, 2019 Item Number: 14.a Attachment(s): Farm Exemption PCC Revision2019 Reviewed By: SUMMARY: At recent Legislative Committee Meetings, County Staff presented the attached proposed revisions to Pittsylvania County Code § 6-3.1, Local County Tax Exemption, for consideration and potential adoption. Said revisions are supported by recent changes to Virginia Code § 58.1- 3505 made by the General Assembly effective July 1, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown. RECOMMENDATION: County Staff recommends the Board authorize it to advertise the attached proposed revisions to Pittsylvania County Code § 6-3.1, Local County Tax Exemption, for a Public Hearing for potential action at the October Business Meeting. MOTION: “I make a Motion authorizing County Staff to advertise the attached proposed revisions to Pittsylvania County Code § 6-3.1, Local County Tax Exemption, for a Public Hearing for potential action at the October Business Meeting.” 14.a Packet Pg. 208 Page 1 of 2 PITTSYLVANIA COUNTY CODE SEC. 6-3.1. LOCAL COUNTY TAX EXEMPTION. A. Effective December 1, 1981 and thereafter, artificial or propane gas, firewood, coal, or heating oil used for domestic consumption is hereby exempt from the one percent (1 %) local sales and use tax pursuant to Sections 58-441.6 (g, l) and 58-441-49.3, Code of Virginia, 1950, as amended. For the purpose of this ordinance domestic consumption shall mean the use of artificial or propane gas, firewood, coal, or heating oil by an individual purchaser for other than business, commercial, or industrial use as defined by the State Office of Taxation. This amendment is to take effect December 1, 1981, and thereafter until changed by a duly authorized Ordinance. B. The below list of items be exempt from local personal property taxation: (1) Hhorses, mules, and other kindred animals. (2) Ccattle. (3) Ssheep and goats. (4) Hhogs. (5) Ppoultry. (6) all farm machinery and farm implements. Grains and other feeds used for the nurture of farm animals. (7) Grain; tobacco wine produced by farm wineries as defined in § 4.1-100, Code of Virginia, 1950, as amended, and other agricultural products, as defined in § 3.2-6400 of the Code of Virginia, 1950 as amended, in the hands of a producer. (8) Farm machinery other than the farm machinery described in subdivision 10, and farm implements, which shall include (i) equipment and machinery used by farm wineries as defined in § 4.1-100 in the production of wine; (ii) equipment and machinery used by a nursery as defined in § 3.2-3800 for the production of horticultural products; and (iii) any farm tractor as defined in § 46.2-100, regardless of whether such farm tractor is used exclusively for agricultural purposes. (9) Equipment used by farmers or farm cooperatives qualifying under § 521 of the Internal Revenue Code to manufacture industrial ethanol, provided that the materials from which the ethanol is derived consist primarily of farm products. (10) Farm machinery designed solely for the planting, production, or harvesting of a single product or commodity. The provisions of this Ordinance shall apply to the tax years beginning on and after January 1, 1977. C. Household Goods Exempt from Taxation 14.a.a Packet Pg. 209 Attachment: Farm Exemption PCC Revision2019 (1764 : Public Hearing Authorization for Amendment to PCC § 6-3.1 (Staff Contact: J. Vaden Page 2 of 2 All household goods and personal effects as defined in § 58.1-3504, Code of Virginia, 1950, as amended, are hereby exempt from taxation, beginning on and after January 1, 2014. 1. Notwithstanding any provision of § 58.1-3503, Code of Virginia, 1950, as amended, household goods and personal effects are hereby defined as separate items of taxation and classified as follows: A. Bicycles. B. Household and kitchen furniture, including gold and silver plates, plated ware, watches and clocks, sewing machines, refrigerators, automatic refrigerating machinery of any type, vacuum cleaners and all other household machinery, books, firearms, and weapons of all kinds. C. Pianos, organs, and all other musical instruments; phonographs, record players, and records to be used therewith; and radio and television instruments and equipment. D. Oil paintings, pictures, statuary, curios, articles of virtue, and works of art. E. Diamonds, cameos or other precious stones and all precious metals used as ornaments or jewelry. F. Sporting and photographic equipment. G. Clothing and objects of apparel. H. Antique motor vehicles as defined in § 46.2-100, Code of Virginia, 1950, as amended, which may not be used for general transportation purposes. I. All-terrain vehicles, mopeds, and off-road motorcycles as defined in § 46.2-100, Code of Virginia, 1950, as amended. J. Electronic communications and processing devices and equipment, including but not limited to cell phones and tablet and personal computers, including peripheral equipment such as printers. K. All other tangible personal property used by an individual or a family or household incident to maintaining an abode. The classification above set forth shall apply only to such property owned and used by an individual or by a family or household primarily incident to maintaining an abode. 2. Notwithstanding any provision set forth above, household appliances in residential rental property used by an individual or by a family or household incident to maintaining an abode shall be deemed to be fixtures and shall be assessed as part of the real property in which they are located. For purposes of this subsection, "household appliances" shall mean all major appliances customarily used in a residential home and which are the property of the owner of the real estate, including, without limitation, refrigerators, stoves, ranges, microwave ovens, dishwashers, trash compactors, clothes dryers, garbage disposals, and air conditioning units. 14.a.a Packet Pg. 210 Attachment: Farm Exemption PCC Revision2019 (1764 : Public Hearing Authorization for Amendment to PCC § 6-3.1 (Staff Contact: J. Vaden