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06-15-2021 Work Session Agenda Packet BOARD OF SUPERVISORS WORK SESSION Tuesday, June 15, 2021 – 5:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (4:30 PM) 2. ROLL CALL 3. AGENDA ITEMS TO BE ADDED 4. APPROVAL OF AGENDA For the citizens’ convenience, all Work Session and Committee Meetings are now being recorded and can be viewed on the same YouTube location as the Board of Supervisor’s Business Meetings. Please remember that the Board’s Work Session is designed for internal Board and County Staff communication, discussion, and work. It is not a question and answer session with the audience. Accordingly, during the Work Session, no questions or comments from the audience will be entertained. Respectfully, any outbursts or disorderly conduct from the audience will not be tolerated and may result in the offending person’s removal from the Work Session. As a reminder, all County citizens, and other appropriate parties as designated by the Board’s Bylaws, are permitted to make comments under the Hearing of the Citizens’ Section of tonight’s Business Meeting. 5. PRESENTATIONS 6. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Solid Waste Update (Staff Contact: Nicholas A. Morris); (15 minutes) b. Music Festival Ordinance Revisions Discussion (Staff Contact: Emily S. Ragsdale); (30 minutes) c. Finance Committee Recommendations (Staff Contact: David M. Smitherman); (5 minutes) 7. BUSINESS MEETING DISCUSSION ITEMS Work Session - June 15, 2021 8. CLOSED SESSION 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. (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: Projects Solomon, HighotherandAI, PrManufacturingValueAdvancedospects VirginiaSoutherntheConsidering Megasite Purpose: b. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: RDOF Agreement Purpose: Legal Consultation/Advice Regarding the Same 9. RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification 10. ADJOURNMENT Economic Development Updates on Unannounced Industries/Prospective Businesses Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Solid Waste Update (Staff Contact: Nicholas A. Morris); (15 minutes) Staff Contact(s): Nicholas A. Morris Agenda Date: June 15, 2021 Item Number: 6.a Attachment(s): Solid Waste Update SW Update - PowerPoint Reviewed By: Nicholas A. Morris, Assistant Director of Public Works, will present the attached Solid Waste Update to the Board. 6.a Packet Pg. 3 BOARD OF SUPERVISORS – JUNE 15, 2021 SOLID WASTE 1. Solid Waste program continues collecting, accepting, and processing higher levels of waste at 36,810 tons Jan-Apr a. 12,922 tons more than same period (Jan-Apr) 2020 b. Highest amounts from contractors and citizens in landfill c. 57% of received trash from outside contracts d. Revenue YtD = $1.2 mil Operating Expenses YtD = $2.4 mil 2. Recent and ongoing improvements a. Convenience Centers Supervisor (new full-time position) b. Codified a communication chain and process if CC are closed to due safety concerns (overflowing trash) c. Extra boxes set out at the busiest CC for weekend use d. Close to releasing RFP for 3 new CC after DEQ review i. Climax Rd / Level Run Rd / Gretna Mega Site (Bellaire Rd) e. Efficient use of old recycling boxes saves $15K over the purchase of new boxes 3. Program continues to meet all Federal and State regulations a. Virginia Occupational Safety and Health b. Department of Environmental Quality c. LeBella Consultants 4. Future plans and Expenditures a. Landfill expansion – Phase 2 Cell C RFP closes on 6/1/2021 b. Rebuilt Dozer RFP – closes on 5/14/2021 c. Solar panels on landfill – awarded to AC Power 13 LLC on 23 April 2021 d. Leachate Lagoon nearing inspection and liner replacement milestones 5. Areas of Attention a. Personnel b. Capital Improvements c. Citizen Engagement d. Revenue vs Expenses Pittsylvania County Point of Contact Nicholas Morris Assistant Director of Public Works Solid Waste & Special Projects Nicholas.Morris@Pittgov.org 434-432-3580 6.a.a Packet Pg. 4 Attachment: Solid Waste Update (2562 : Solid Waste Update (Staff Contact: Nicholas A. Morris); (15 minutes)) SOLID WASTE UPDATE –15 JUNE 2021 6.a.b Packet Pg. 5 Attachment: SW Update - PowerPoint (2562 : Solid Waste Update (Staff Contact: Nicholas COLLECTIONS AND REVENUE -YEAR TO DATE ACCEPTED 36809.59 TONS OF TRASH 2020 JAN-APR = 23,887.46 (+12,922.13) -PITTSYLVANIA COUNTY CONVIENIENCE CENTERS = 9756.12-BAYS = 5098.44-HENRY COUNTY = 12086.20-SLUDGE = 3881.07-OTHER (CONTRACTOR/CITIZEN) = 14,859.77 -STORM DEBRIS = 159.9 tons by 325 citizens 22 Feb –15 May -Sat hours = 6.95 tons by 18 citizens (6 open Saturdays) -REVENUE = $1.2 million (through April 2021)-EXPENSES (OPERATIONS) = $2.4 million (through April 2021) SOLID WASTE UPDATE –15 JUNE 2021 6.a.b Packet Pg. 6 Attachment: SW Update - PowerPoint (2562 : Solid Waste Update (Staff Contact: Nicholas CONVIENIENCE SITES-New Convenience Centers Supervisor -Michael Moore, previously part time, now full-time over all sites-Consolidates training, job expectations, support to, communication, and oversight of operations -Codified communication chain if needing to close a site due to safety concerns/full trash boxes -Extra boxes set out at busiest sites for weekend use -Plan to release RFP for 3 new sites within 2 weeks (undergoing DEQ review) -Climax Road-Level Run Road-Gretna Mega Site (Bellaire Rd) -Identified way to more effectively use old long recycling boxes saving almost $15K over purchasing new boxes SOLID WASTE UPDATE –15 JUNE 2021 6.a.b Packet Pg. 7 Attachment: SW Update - PowerPoint (2562 : Solid Waste Update (Staff Contact: Nicholas INSPECTIONS -Virginia Occupational Safety & Health: minor findings to fix -House keeping in shop, grounded plugs, tool condition, etc)-First visit in 5 years-No fines -Department of Environmental Quality: Quarterly Inspection passed -Minor issue of trash blowing around working area –working with Sheriff’s Department to restart labor force -LeBella Consultants: Ground water testing and landfill area operations -Minor exceedance in 1 of 32 sampled wells –waiting on confirmation test results-Minor seepage of water from a closed cell –will do controlled digs to locate pooling inside of cell-Not an unexpected event but needs to be addressed-Forward planning of cell expansions SOLID WASTE UPDATE –15 JUNE 2021 6.a.b Packet Pg. 8 Attachment: SW Update - PowerPoint (2562 : Solid Waste Update (Staff Contact: Nicholas FUTURE PLANS AND EXPENDITURES -Landfill cell expansion -RFP for phase 2 cell C construction released –closes 6/1/2021 at 2:00 P.M.-Expect presentation at BoS meeting next month-Hope to start construction in August 2021, complete by 1 January 2022 -Equipment -RFP for rebuilt D7/D8 dozer –closes 5/14/2021 2:00 P.M. -Solar Panel Install at Landfill -Awarded to AC Power 13 LLC on 23 April 2021 -Leachate Lagoon -Liner inspection/minor repair will be planned for next year –approximately $13K-Liner replacement due within 5 years (based on inspection) –approximately $43K SOLID WASTE UPDATE –15 JUNE 2021 6.a.b Packet Pg. 9 Attachment: SW Update - PowerPoint (2562 : Solid Waste Update (Staff Contact: Nicholas AREAS OF ATTENTION -Personnel -Drivers-Mechanic-Site attendants-Recognition programs -Capital Improvements -Facilities-Phase 3-Equipment -Citizen Engagement -Customer service mindset while enforcing policies -Litter control program / anti-litter campaigns -Revenue vs Expenses -Get a hold on controllable costs while still meeting safety & daily requirements-Calculated preparedness for increases revenue generating customers SOLID WASTE UPDATE –15 JUNE 2021 6.a.b Packet Pg. 10 Attachment: SW Update - PowerPoint (2562 : Solid Waste Update (Staff Contact: Nicholas Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Music Festival Ordinance Revisions Discussion (Staff Contact: Emily S. Ragsdale); (30 minutes) Staff Contact(s): Emily S. Ragsdale Agenda Date: June 15, 2021 Item Number: 6.b Attachment(s): PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) Reviewed By: Emily S. Ragsdale, Director of Community Development, will discuss with the Board the attached potential revisions to the County's Music Festival Ordinance. 6.b Packet Pg. 11 PITTSYLVANIA COUNTY CODE CHAPTER 10 MUSIC FESTIVALS § 10-1. Purpose § 10-2. Definitions § 10-3. Permit § 10-4. Conditions § 10-5. Twelve (12) -Hour Limitation § 10-6. Parent of GuardianAdmission § 10-7. Taxation and Fees § 10-78. Permission § 10-89. Violation 6.b.a Packet Pg. 12 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2572 : Music Festival Ordinance CHAPTER 10 MUSIC FESTIVALS SEC. 10-1. PURPOSE. This Ordinance is enacted pursuant to §15.2-1200, Code of Virginia, 1950, as amended, for the purpose of providing necessary regulation for the conditioning of music or entertainment festivals conducted in open spaces not within an enclosed structure and/or of any gathering or groups of individuals for the purpose of listening to or participating in entertainment which consists of primarily musical renditions conducted in open spaces not within an enclosed structure in the interest of the public health, safety, and welfare of the citizens and inhabitants of Pittsylvania County, Virginia (“County”). SEC. 10-2. DEFINITIONS. When used in this Ordinance, the following words shall mean: A. Board of Supervisors or Board shall mean the Board of Supervisors of Pittsylvania County, Virginia. B. Music or entertainment festival shall mean any gathering of groups or individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure, and/or those entertainments where the listeners are not within an enclosed structure and which has a continued existence on the premises for a period of time exceeding six (6) hours. SEC. 10-3. PERMIT. 1. No person, firm, corporation, or partnership shall stage, promote, or conduct any music or entertainment festival in the County unless there shall have been first obtained from the Board a Special Entertainment Permit (“Permit”) for said festival. 2. An application for a Permit shall be filed with the County Administrator at least ninety (90) days before the date of such festival. This requirement may be waived by the Board. Such application shall have attached the plans, statements, approvals and other documents required by this Ordinance. 3. The Board shall act on such applications at their next regularly scheduled Meeting or within sixty (60) days of receipt of Permit Application. If granted, the Permit shall be issued in writing on a form for the purpose and mailed by the County Administrator to the Applicant at the address indicated. If denied, the refusal shall be in writing and the reasons for such denial stated therein and mailed by the County Administrator to the Applicant at the address indicated. Permit fees shall be set by the Board annually in the Budget Resolution or at any other appropriate time as determined by County Staff or the Board. The 6.b.a Packet Pg. 13 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2572 : Music Festival Ordinance Applicant shall be required to carry a $500,000 bond to ensure compliance with the regulations set forth in this Ordinance. SEC. 10-4 CONDITIONS. A Permit shall not be issued unless the following conditions are met and all required plans, statements, and approvals are submitted to the Board with the application: A. An overall description of the proposed festival shall be provided with the Application. This description shall include the location of the proposed festival, the name and address of the property owner(s) of said property, the nature and interest of the Applicant, the date(s) and time(s) of said festival, the total number of tickets that will be offered for sale, a full list of all persons or groups who will perform, the name and address of all promotors of the festival, and the financial backing for the event. Proof of insurance must also be provided showing a minimum of $2,000,000 general liability coverage. This amount can be increased at the discretion of the Board based on the intensity of the event. Any event with an estimated attendance of 10,000 or more shall be required to show a minimum of $4,000,000 general liability coverage. An updated ticket sale count shall be provided to the County Administrator no less than one (1) week prior to the event. B. A Site Plan shall be approved by the Director of Community Development identifying the A Site Plan shall be approved by the Director of Community Development identifying the D.C. A plan for adequate sanitation facilities and garbage, trash, and sewage disposals for the persons at the festival shall be approved by the Director of Public Works. This plan shall meet the requirements of all state and local statutes, ordinances, and regulations . E.D. A plan for providing food, water and lodging for the persons at the festival shall be submitted. This plan shall meet the requirements of all state and local statutes, ordinances, and regulations, and shall be approved by the Director of Community Development and the Virginia Department of Health (“VDH”). All applicable permits required will be subject to separate permit fees. F. G.E. A plan for adequate medical facilities and EMS coverage for persons at the festival shall be approved by the Director of Public Safety. The Applicant shall be responsible for any and all associated costs of EMS coverage as required by § 11-91 of the County Code. H.F. A plan for adequate parking facilities and traffic control in and around the festival shall be approved by the County, the County’s Sheriff’s Department, the Virginia 6.b.a Packet Pg. 14 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2572 : Music Festival Ordinance Department of Transportation (“VDOT”), and the Virginia State Police (“VSP”). If traffic impacts are expected on public roads leading to the proposed venue, a VDOT land use permit for special events must be obtained and said permit may be subject to separate permit fees. A Traffic Control Plan will be required. The Applicant must comply with all requirements set forth in VDOT’s Land Use Permit. I.G. A plan for adequate fire protection shall be approved by the Director of Public Safety. This plan shall meet the requirements of all state and local statutes, ordinances, and regulations The Applicant shall be responsible for any and all associated cost of fire department services as required by § 11-91 of the County Code. J.H. If any outdoor lighting will be utilized, a plan showing the location of such lights If any outdoor lighting will be utilized, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the venue shall be submitted and approved by the Director of Community Development. I. Documentation from a Sound Engineer shall be submitted and approved by the Director Documentation from a Sound Engineer shall be submitted and approved by the Director Documentation from a Sound Engineer shall be submitted and approved by the Director of Community Development showing that adequate measures have been taken to reduce the sound and/or music, either by mechanical device or live performance, to a decibel level at or below the acceptable level specified in the Pittsylvania County Noise Ordinance. The event shall always remain in compliance with the Pittsylvania County Noise Ordinance. J. Any pyrotechnics or fireworks displays that will be utilized during the festival shall be permitted and approved by the County Fire Marshal and will be subject to separate permit fees. K. A Security and Crowd Control Plan shall be submitted and approved by the County Sheriff. The Applicant shall be responsible for any and all associated costs of required coverage by the County Sheriff’s Department or the VSP. SEC. 10-5. TWELVE (12) HOUR LIMITATION. Music shall not be rendered, nor entertainment provided for more than twelve (12) hours in any twenty-four (24) hour period to be measured form the beginning of the first performance at said festival. However, all music performance shall start no earlier than 9:00 a.m. and end prior to 11:00 p.m. on the night of the performance. There shall be no amplified music before 1:00 p.m. on Sundays. This restriction may be waived by the Board. SEC. 10-6. ADMISSION. Any and all age restrictions placed on ticket sales and entry into the festival shall be determined Any and all age restrictions placed on ticket sales and entry into the festival shall be determined Any and all age restrictions placed on ticket sales and entry into the festival shall be 6.b.a Packet Pg. 15 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2572 : Music Festival Ordinance determined by the festival’s organizer and submitted to the County in its Permit Application. The festival’s organizer shall also comply with all other federal, state, and local regulations, laws, and ordinances related to minors’ admission/attendance at music festivals and festivals serving alcohol. SEC. 10-7. TAXATION AND FEES Any festival shall be subject to the taxation rates and/or fees applicable at the time of said festival, not those in place at the time of the Application, Permit, and/or their approval. The County’s Commissioner of the Revenue, or his/her designee(s), shall be in attendance at the festival and shall be responsible for collecting all applicable taxes, fees, or other monies of or related to the festival. SEC. 10-8. PERMISSION. No Permit shall be issued under this Ordinance unless the Applicant furnishes to the Board written permission for the Board, its lawful agents, or duly constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this Ordinance. The Board shall have the right to revoke any Permit issued under this Ordinance upon non-compliance with any of its provisions and conditions. SEC. 10-9. VIOLATION. Any person, firm, or corporation who violates any provisions of this Ordinance shall be subject to civil penalties to be determined by the Board which shall not exceed a fine of up to $500 for the first offense within a twelve (12)-month period, a fine of up to $10,000 for the second offense within the same twelve (12)-month period. Each violation shall constitute a separate offense. The third or more violation within the same twelve (12) month period shall be punishable as a Class 1 Misdemeanor. 6.b.a Packet Pg. 16 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2572 : Music Festival Ordinance Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Finance Committee Recommendations (Staff Contact: David M. Smitherman); (5 minutes) Staff Contact(s): David M. Smitherman Agenda Date: June 15, 2021 Item Number: 6.c Attachment(s): Reviewed By: David M. Smitherman, County Administrator, will present to the Board recommendations from the Finance Committee. 6.c Packet Pg. 17 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: 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(s): Matthew D. Rowe Agenda Date: June 15, 2021 Item Number: 8.a Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: Projects Solomon, AI, and other High Value Advanced Manufacturing Prospects Considering the Southern Virginia Megasite Purpose: Economic Development Updates on Unannounced Industries/Prospective Businesses 8.a Packet Pg. 18 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: June 15, 2021 Item Number: 8.b Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: RDOF Agreement Purpose: Legal Consultation/Advice Regarding the Same 8.b Packet Pg. 19 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Closed Session Certification Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: June 15, 2021 Item Number: 9.a Attachment(s): Reviewed By: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Meeting on June 15, 2021, 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 (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Joe B. Davis Yes/No Timothy W. Dudley Yes/No Ben L. Farmer Yes/No William V. (“Vic”) Ingram Yes/No Charles H. Miller, Jr. Yes/No Ronald S. Scearce Yes/No Robert (“Bob”) W. Warren Yes/No 9.a Packet Pg. 20