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10-19-2021 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, October 19, 2021 – 7:00 PM Board Meeting Room 39 Bank Street, SE, 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. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. September Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Resolution # 2021-10-01 (Hank Davis Passing) Adoption (Contact: Chairman Warren) d. Resolution # 2021-10-02 (Mary L. Brooks Passing) Adoption (Contact: Supervisor Davis) e. Resolution # 2021-10-03 (Honoring Peyton Sellers) Adoption (Contact: Supervisors Davis and Farmer) f. Resolution # 2021-10-04 (Approval of Settlements with Opioid Distributors) Adoption (Staff Contact: J. Vaden Hunt, Esq.) g. 2021 VACo Annual Business Meeting Voting Credentials Approval (Staff Contact: Kaylyn M. McCluster) h. Robin Court Engineering Proposal Award (Staff Contact: Christopher Adcock) Business Meeting - October 19, 2021 i. Climax Road Convenience Center Bid Award Approval (Staff Contact: Richard N. Hicks) j. Level Run Road Convenience Center Bis Award Approval (Staff Contact: Richard N. Hicks) k. IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter Approval (Staff Contact: Matthew D. Rowe) l. Virginia Department of Health-Drinking Water Program Grants Approval (Staff Contact: Kimberly G. Van Der Hyde) m. Appointment: Planning Commission (Nathan Harker; Staunton River); (Contact: Supervisor Dudley) 8. PRESENTATIONS a. County Employee Service Awards Presentation (20 or more years' service); (Staff Contact: Dave F. Arnold) b. Resolution Presentations (Contact: Board of Supervisors) 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 Business Meeting - October 19, 2021 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: Case R-21-027; Andrew Pope; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Farmer) Case 2: Public Hearing: Case R-21-029; High Country Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. (Chairman Warren) 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: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, Esq.) 2. Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact: J Vaden Hunt, Esq.) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT Business Meeting - October 19, 2021 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 19, 2021 Item Number: 7.a Attachment(s): 09-21-2021 Finance Committee Meeting - DRAFT 09-21-2021 Work Session - DRAFT 09-21-2021 Business Meeting - DRAFT 10-12-2021 Legislative Committee - DRAFT Reviewed By: 7.a Packet Pg. 5 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ FINANCE COMMITTEE September 21, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Finance Committee was held on September 21, 2021, in the Conference Room of the County Administration Building, 1 Center Street, Chatham, Virginia 24531. CALL TO ORDER (3:30 PM) Scearce called the Meeting to Order at 3:30 PM. ROLL CALL The following Members were present: Attendee Name Title Status Arrived Ronald S. Scearce Chairman - Westover District Present 3:23 PM Charles H. Miller, Jr. Supervisor - Banister District Present 3:30 PM Joe B. Davis Supervisor - Dan River District Present 3:24 PM Timothy W. Dudley Supervisor - Staunton River District Present 3:24 PM AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Scearce, Miller, Davis, Dudley NEW BUSINESS a. ARPA Funding (Staff Contact: Kimberly G. Van Der Hyde) Van Der Hyde discussed ARPA funds relating to a vaccine incentive, water extension projects, and PPE and building maintenance with the Committee. Scearce asked if the School Board will enact the same incentive for the vaccine, but Van Der Hyde stated she did not think they are able to extend that benefit at this time. This is a one (1)-time incentive of $1,000 per employee or covered person on the County’s Insurance Plan. This includes all who are currently vaccinated and those who will have both shots by October 12, 2021. Adcock provided an update to the Committee on Water Extension Projects. Motion by Davis, second by Dudley, to approve the use of ARPA funds for the water extension projects. Amended Motion to approve the use of ARPA funds for the vaccine incentive, the Water Extension Projects, the PPE, and building maintenance. 7.a.a Packet Pg. 6 Attachment: 09-21-2021 Finance Committee Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee September 21, 2021 RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Scearce, Miller, Davis, Dudley Motion to provide $500 stipend to all volunteer fire and rescue personnel that are fully vaccinated by October 31, 2021, and that also responded to at least eight (8) calls in the first eight (8) months of 2021. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Miller AYES: Scearce, Miller, Davis, Dudley b. Capital Improvements Fund Discussion (Staff Contact: Kimberly G. Van Der Hyde) At the end of each Fiscal Year, the outstanding Projects located in the Capital Improvements Fund (Fund 310) are reviewed to determine the adjustments that are needed in the upcoming Fiscal Year. There are several items that require Board’s approval that have not previously been approved by the Board. These changes include an appropriation of the following: • $3,815.00 from remaining Public Safety volunteer contributions to the Fire and Rescue Capital Reserve Fund (310-4-094135-810215). • $45,000.00 amount received from the sale of Rescue 1. This amount needs to be appropriated to Fire & Rescue Apparatus (310-4-094135-810512). • $1,000.00 amount of earnest money returned from the potential purchase of property needs to be appropriated to New Jail Construction (310-4-094150-81861). • $49,815.00: TOTAL APPROPRIATION Also provided to the Committee was an outline of Capital Improvements Projects for the Landfill Fund (Fund 520) for FY2022. The total of these Projects for FY2022 is $8,733,785.99. Additional adjustments may be needed based on the upcoming financing. These changes will be brought back for approval after these costs have been finalized. Motion to recommend that the Capital Improvements Projects for Fund 310 and Fund 520 be approved for FY2022 and that a Budget Amendment of $49,815.00 be appropriated to Fund 310 as presented. 7.a.a Packet Pg. 7 Attachment: 09-21-2021 Finance Committee Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee September 21, 2021 RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Scearce, Miller, Davis, Dudley c. Communications Technician Position Approval (Staff Contact: Dave F. Arnold) Arnold requested the Committee consider funding for a new Communications Technician position to support Public Safety, the Sheriff’s Office, and the County’s IP phone and data networks. This new position would allow current staff to better support the County in the areas of enterprise application support, data analytics, process improvement, and solution delivery. Motion to recommend the full Board transfer $56,500 from the Buildings and Grounds Budget to the Information Management Budget to fund a new Communication Technician position. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Scearce, Miller, Davis, Dudley d. Rock Festival Revenue Report (Staff Contact: Kimberly G. Van Der Hyde) Van Der Hyde gave a brief update regarding the Blue Ridge Rock Festival. The permit fee of $33,000 has been received, and the estimated meals tax revenue is $158,000. The total is just shy of $191,000 that is known so far. e. Climax Volunteer Fire Department's Use of County Public Safety Capital Reserves Fund Approval (Staff Contact: Christopher C. Slemp) The County maintains a Capital Reserve Fund (“CRF”) for Volunteer Agencies which have an unforeseen financial need. The Fire and Rescue Commission (“FRC”) has the responsibility of hearing any request for CRF use and then making a related recommendation to the Board. Climax Fire Department (“Climax”) has requested CRF funding for an unforeseen 1999 Freightliner Fire Truck (“Truck”) engine failure. Climax has submitted evidence that the Truck was properly maintained. It has also submitted evidence of financial need. The cost to repair the Truck engine is $6,886.43. The current policy allows for a Volunteer Agency to receive up to $,4000 from the CRF, if approved by the Board. The FRC reviewed this request at its August FRC Meeting, and unanimously voted to recommend to the Board that this request be approved. Motion to recommend to the full Board an award to Climax of $4,000 for the Truck engine repair from the County’s CRF. 7.a.a Packet Pg. 8 Attachment: 09-21-2021 Finance Committee Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Finance Committee September 21, 2021 RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Miller AYES: Scearce, Miller, Davis, Dudley f. County EMS Rescue Billing Revenue Report (Staff Contact: Kimberly G. Van Der Hyde) On July 1, 2020, the County hired a team of paid EMS/Firefighters. Since that time, the County has been billing for these rescue services. Currently, a total of $955,679.04 has been billed for EMS services provided by the County’s paid EMS Staff to County residents. Of that amount, the County has received a total of $417,316.48, in FY2021, for a collection rate of forty-four (44%). The County’s anticipated budgeted amount for the current year is $400,000. g. Appropriation for Water Tank Changes (Staff Contact: Kimberly G. Van Der Hyde) With the recent dissolution of the Pittsylvania County Service Authority, the water tanks in the County need to be rebranded. The plan is to remove the “Service Authority” name from the R&L Smith Road (Public Works Office), the Cane Creek 1MG tank (Ringgold), and the Brosville tank. The new County logo will be placed on the R&L Smith Road and Cane Creek tanks. After receiving quotes for this work, the County plans to use Suez Utility Services to make these changes at a total cost of $27,054. The total amount of $27,054.00 for rebranding tanks is not currently appropriated in the FY2022 County Budget. These funds will need to be appropriated from the unassigned water/sewer funds. Warren stated the Brosville tank should have the logo placed on it as well. Motion to recommend to the full Board to approve an appropriation of $27,054 to the Capital Outlay-Equipment line item in the Water/Sewer Fund (501-4-043220-8102) from unassigned water/sewer funds, to include all three (3) tanks. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Scearce, Miller, Davis, Dudley MATTERS FROM COMMITTEE MEMBERS None. ADJOURNMENT Scearce adjourned the Meeting at 4:32 PM. 7.a.a Packet Pg. 9 Attachment: 09-21-2021 Finance Committee Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ WORK SESSION September 21, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on September 21, 2021 in the Conference Room of the County Administration Building, 1 Center Street, Chatham, Virginia 24531. CALL TO ORDER (4:30 PM) Warren called the Meeting to Order at 4:30 PM. ROLL CALL The following Members were present: Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 4:33 PM Ronald S. Scearce Vice-Chairman - Westover District Present 4:33 PM Joe B. Davis Supervisor - Dan River District Present 4:33 PM Timothy W. Dudley Supervisor - Staunton River District Present 4:34 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:33 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 4:33 PM Charles H. Miller, Jr. Supervisor - Banister District Present 4:33 PM AGENDA ITEMS TO BE ADDED Motion to remove Item 5a from the Agenda, and to add to the subject matter, Blue Ridge Rock Festival Contracts to Item 8b. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller ITEMS REMOVED FROM AGENDA a. County Tourism Update (Staff Contact: David M. Smitherman); (Presenter: Corrie Bobe); (15 minutes) PRESENTATIONS 7.a.b Packet Pg. 10 Attachment: 09-21-2021 Work Session - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Work Session a. County Agritourism Update (Staff Contact: David M. Smitherman); (Presenter: John Harris, ODAC); (15 minutes) John Harris, Executive Director of the Olde Dominion Agricultural Foundation, was present to update the Board on agritourism in the County. In 2019, the ODAC had 75,000 visitors for events such as arena events, agricultural meetings, weddings, and farmer’s markets. They currently have twenty-one (21) partnerships, and two (2) partnerships in the building process, as well as several potential partnerships. They would like to create “Destination Pittsylvania County” and be able to manage the current tourism website. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. County Transient Occupancy Tax Usage Discussion (Staff Contact: David M. Smitherman); (15 minutes) There were other groups that were not able to be present at the meeting, and Smitherman asked the Board's desire to discuss this potential usage, or to wait until the Board is able to hear from other groups. Motion to table this item until further information is given. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BUSINESS MEETING DISCUSSION ITEMS None. 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. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: Projects Settlement, AI, and Matterhorn Purpose: Economic Development Updates on Unannounced Industries/Prospective Businesses 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. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: RDOF MOU, Solar Siting Agreements, and Blue Ridge Rock Festival Contracts 7.a.b Packet Pg. 11 Attachment: 09-21-2021 Work Session - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Work Session Purpose: Legal Consultation/Advice Regarding the Same Motion to enter Closed Session. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller The Board entered Closed Session at 5:08 PM. RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:38 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on September 21, 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 Davis Yes Dudley Yes Farmer Yes Ingram Yes Miller Yes Scearce Yes Warren Yes ADJOURNMENT Warren adjourned the Meeting at 6:40 PM. 7.a.b Packet Pg. 12 Attachment: 09-21-2021 Work Session - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING September 21, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held on September 21, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Warren called the Meeting to Order at 7:00 PM. ROLL CALL The following Members were present: Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:30 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:30 PM Joe B. Davis Supervisor - Dan River District Present 6:31 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:32 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:28 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 6:28 PM Charles H. Miller, Jr. Supervisor - Banister District Present 6:32 PM AGENDA ITEMS TO BE ADDED Motion to remove item 10B(1) from the Agenda and add Finance Committee Recommendations as item 13a. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda as amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. 7.a.c Packet Pg. 13 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. August Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Proclamation (Domestic Violence Awareness Month; October) Adoption (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2021-09-02 (Old Callands Post Office Ownership Transfer Approval) Adoption (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2021-09-03 (Honoring Zwei (Police Dog)) Adoption (Supervisor Farmer) f. Resolution # 2021-09-04 (Honoring Vickie Taylor, Retirement, 50 Years) Adoption (Supervisor Ingram) g. Resolution # 2021-09-05 (Honoring Evonda Thornton; Retirement, 31 Years) Adoption (Supervisor Ingram) h. Resolution # 2021-09-06 (Chatham Sidewalks Project Funding) Adoption (Staff Contact: Kaylyn M. McCluster) i. Resolution # 2021-09-07 (Collective Bargaining of Public Employees) Adoption (Staff Contact: Kaylyn M. McCluster) j. Resolution # 2021-09-08 (Appreciation of White Oak Worship Center's Music Festival Logistical Support) Adoption (Staff Contact: Kaylyn M. McCluster) k. Certificate of Recognition (63 Years of Marriage) Approval (Mr. and Mrs. James Thornton); (Supervisor Ingram) l. Climax Volunteer Fire Department's Use of County Public Safety Capital Reserves Fund Approval (Staff Contact: Christopher C. Slemp) m. Redistricting Project Contract Award (ARCBridge Consulting & Training, Inc.) Ratification n. Approval of FY2022 Capital Improvements Projects (Staff Contact: Kimberly G. Van Der Hyde) o. Project Imagine WIA Grant Approval (Staff Contact: Kimberly G. Van Der Hyde) p. Natural Disaster/Emergency Response Expense Carryover (Staff Contact: Kimberly G. Van Der Hyde) q. Cool Branch Fundraising Extension Approval (Staff Contact: David M. Smitherman) ITEMS REMOVED FROM AGENDA Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for Solar Energy Projects); (Staff Contact: Emily S. Ragsdale). 7.a.c Packet Pg. 14 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting PRESENTATIONS a. Resolution # 2021-09-03 (Zwei (Police Dog)) Presentation (Supervisor Farmer) Farmer presented Resolution # 2021-09-03 to Sheriff Taylor and Sergeant Szelc, honoring the life of Police K-9, Zwei. b. Resolution # 2021-09-04 (Vickie Taylor) Presentation (Supervisor Ingram) Ingram presented Vickie Taylor with Resolution # 2021-09-04 in honor of her retirement. c. Resolution # 2021-09-05 (Evonda Thornton) Presentation (Supervisor Ingram) Ingram presented Resolution # 2021-09-05 to Evonda Thornton in honor of her retirement. d. Resolution # 2021-09-08 (White Oak Worship Center) Presentation (Supervisor Scearce) Davis presented Resolution # 2021-09-08 to Scearce, on behalf of White Oak Worship Center, in appreciation for their Music Festival Logistical Support. e. Certificate of Recognition (63 Years of Marriage); (Mr. and Mrs. James Thornton); (Supervisor Ingram) Ingram presented a Certificate of Recognition to Mr. and Mrs. James Thornton in honor of their 63rd wedding anniversary. f. Proclamation (Domestic Violence Awareness Month; October) Presentation (Supervisor Dudley) Dudley presented the Domestic Violence Awareness Month for October Proclamation to Marilyn Waller with Haven of the Dan River Region. g. Broadband Project Presentation and MOU Approval (RiverStreet); (Dave F. Arnold) Arnold gave a presentation regarding the County partnership with RiverStreet Communications of Virginia, LLC, to provide broadband internet services to all unserved County citizens. This is a $75 million project for the County. The County, RiverStreet, and the County School Board will be working together to attempt to secure funding and establish policies and procedures that will promote and sustain a market for broadband availability. For the funding, there will be a minimum match from the County and the School Board of $16,528,939. Twelve ($12) million of this amount will come from ARPA funds and $4,528,939 from revenue sharing. RiverStreet also has a minimum match of $19,657,064, and $39,510,529 has been requested in a Virginia Telecommunications Initiative 2022 Grant Application. The impact of this partnership will bring fiber to the home for 11,985 “passings” (homes, businesses, civic facilities, etc.). Motion to approve the Broadband MOU between the County School Board, RiverStreet, and the County as presented. 7.a.c Packet Pg. 15 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller HEARING OF THE CITIZENS Marion Gains, Dan River District, spoke to the Board regarding Mary Jane Walters' Estate, and requested that $86,998.34 be granted to her from the proceeds from the sale of the estate. Barbara Hancock, Callands-Gretna District, stated her concern regarding her being kicked out of the School Board Meeting due to her not having a mask on the proper way, as well as stating her concern regarding the push for the COVID vaccine. Lori King, Chatham-Blairs District, spoke on behalf of her daughter-in-law Kristen King, regarding an incident where her granddaughter was written up for a dress code violation at Chatham Middle School. Melissa Powell, Westover District, voiced her concerns regarding Mr. Burton having parents removed from a public meeting for not wearing a mask, yet he was not wearing a mask during the meeting either. William Phillips, spoke regarding his concerns regarding the Rock Festival. He doesn't agree with the festival happening again, as he was not able to come and go to his home as he wanted during the event. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-21-022 Timothy Duffer; Rezoning from B-2, Business District, General, to RC-1, Residential Combined Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Chairman Warren) In Case R-21-022, Timothy Duffer (“Petitioner”) has petitioned to rezone 10.36 acres from B-2, Business District, General, to RC-1, Residential Combined Subdivision District (to construct a single-family dwelling). The subject properties are located on State Road 694/David Giles Lane in the Chatham-Blairs Election District and shown on the Tax Maps as GPIN #s 2423-52-3747 and 2423-62-2318. Once the properties are rezoned to RC-1, all uses listed under Pittsylvania County Code § 35-267 are permitted. On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Warren opened the Public Hearing at 8:08 PM. No one signed up to speak and Warren closed the Public Hearing at 8:09 PM. 7.a.c Packet Pg. 16 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting Motion to approve the rezoning of 10.36 acres from B-2, Business District, General, to RC-1, Residential Combined Subdivision District, to allow the construction of a single-family dwelling. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 2: Public Hearing: Case R-21-024 Samuel and Carolyn Munford; Rezoning from A- 1, Agricultural District, to R-1, Residential Suburban Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. (Supervisor Ingram) In Case R-21-024, Samuel and Carolyn Munford (“Petitioners”) have petitioned to rezone 0.203 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an adjacent parcel of land zoned R-1). The subject property is located on State Road 834/Jones Mill Road, in the Tunstall Election District and shown on the Tax Maps as GPIN #s 2403-03-7279 and part of 2403-13-0312. Once the properties are rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Warren opened the Public Hearing at 8:10 PM. Mr. and Mrs. Munford were present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 8:11 PM. Motion to approve the rezoning of 0.203 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to combine with an adjacent parcel of land zoned R- 1. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 3: Public Hearing: Case R-21-026 James Wilkerson; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Davis) In Case R-21-026, James Wilkerson (“Petitioner”) has petitioned to rezone 0.32 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an adjacent parcel of land zoned R-1). The subject property is located State Road 733/Barker Road, in the Dan River Election District and shown on the Tax Maps as part of GPIN # 2348-33-5242. 7.a.c Packet Pg. 17 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting Once the properties are rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Warren opened the Public Hearing at 8:12 PM. No one signed up to speak and Warren closed the Public Hearing at 8:13 PM. Motion to approve the rezoning of 0.32 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to combine with an adjacent parcel of land zoned R-1. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control); (Staff Contact: Emily S. Ragsdale) Virginia Code § 62.1-44.15.1 requires any locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program to adopt and administer a Virginia Erosion and Sediment Control Program (“VESCP”). The County last updated Pittsylvania County Code (“PPC”), Chapter 4 (Erosion and Sediment Control), which establishes the County VESCP, in 2001. Since that update, many State regulations have changed, requiring the related County Ordinance to be updated to reflect those changes. Warren opened the Public Hearing at 8:15 PM. No one signed up to speak and Warren closed the Public Hearing at 8:16 PM. Motion to approve PCC Chapter 4 revisions as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Virginia Code § 58.1-3819(A)(2) Transient Occupancy Tax Funds Usage (Staff Contact: David M. Smitherman) At the Board’s Business Meeting on July 20, 2021, the Board voted to create a County Transient Occupancy Tax. This tax, in the amount of four percent (4%), would be applied to all hotels, motels, boarding houses, and travel campgrounds, and other facilities offering guest rooms or spots rented out for continuous occupancy for fewer than thirty (30) consecutive days as outlined in Pittsylvania County Code § 6-39. The County will retain two percent (2%) of the Transient 7.a.c Packet Pg. 18 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting Occupancy Tax for current operations. The other two percent (2%) will be used to promote County tourism. As required by Virginia Code § 58.1-3819, the County must hold a Public Hearing to determine how the other two percent (2%) tourism revenue will be spent. Warren opened the Public Hearing at 8:17 PM. Bill Guerrant spoke on behalf of the Historical Society and asked the Board to consider creating a new position, Director of Museums and Historic Sites, with the funds from the Transient Occupancy Tax. This would be a paid position and the function of this position would be to take advantage of the historic sites in the County and the two (2) museums that are underutilized, and this would allow the County to use these sites as tourist destinations and create new opportunities for school children. Jeff Love stated that this tax is discouraging tourism. He stated the local lodging businesses attract business to the County and the tax will make lodging in the county much more expensive than other areas and will encourage visitors to go elsewhere. He feels this will only create more issues for businesses who are trying to survive through the pandemic. Warren closed the Public Hearing at 8:30 PM. Sonya Ingram stated she was unaware that she needed to sign up to speak and Warren granted her speaking time. She stated revenue from tourism reached $27 billion in Virginia. She requested to create an official tourism department in collaboration with Danville. Warren closed the Public Hearing at 8:34 PM. Motion to table this matter until October. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 3. Public Hearing: Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Height of Buildings; and PCC, Chapter 35, Division 12, Industrial District, Heavy Industry (M-2); and PCC § 35-406, Maximum Height of Buildings Height); (Staff Contact: Emily S. Ragsdale) County Staff has proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 11, Industrial District, Light (M-1); PCC Sec. 35-387, Maximum Height of Buildings; PCC, Chapter 35, Division 12, Industrial District, Heavy Industry (M-2); and PCC Sec. 35-406, Maximum Height of Buildings. Currently, each of the PCC Sections above limits the maximum height of structures to eighty (80) feet. As technology continues to evolve relating to manufacturing, and a wider variety of manufacturing businesses continue to locate within the 7.a.c Packet Pg. 19 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting County, it has come to County Staff’s attention that the current PCC height restrictions have become a hardship for potential companies, specifically large manufacturing operations locating in the County’s Industrial Parks. County Staff is also proposing to increase the maximum height of buildings on properties within M-1, Industrial District, Light, and M-2, Industrial District, Heavy Industry zoning districts, and within the boundaries of an identified Industrial Park, be increased to a maximum height of one hundred and twenty (120) feet. County Staff has made inquiries to both County Volunteer Fire Departments and the City of Danville Fire Department to ensure that ladder truck heights are adequate to meet the new heights (ladder truck height plus hose pressure) for fire protection considerations. At its September 7, 2021, Meeting, the Planning Commission unanimously recommended that the Board approve this County Staff requested Zoning Amendment to continue to accommodate interested industries coming to the County. Warren opened the Public Hearing at 8:35 PM. No one signed up to speak and Warren closed the Public Hearing at 8:36 PM. Motion to approve the PCC amendments as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS None. MATTERS FROM WORK SESSION (IF ANY) a. Finance Committee Recommendations The Finance Committee met earlier in the day and voted to forward the following items to the Board for approval: · ARPA funding · Capital Improvements Fund usage · Communications Technician Position · Climax Volunteer Fire Department's Use of County Public Safety Capital Reserves Fund · Appropriations for painting three (3) water tanks 7.a.c Packet Pg. 20 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting Motion to approve all recommendations from the Finance Committee. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS • Ingram stated Bonnie Jones, Nick Sapounakes, and Thomas Huffman all passed away from COVID recently. He also stated that Peyton Sellers had a great racing year. • Farmer recognized the historical night with the signing of the RiverStreet MOU for the Broadband partnership. He also recognized the Sheriff’s Department for their hard work during the Blue Ridge Rock Festival, as well as recognizing the citizens for their patience throughout the festival. There was also an item on the Consent Agenda where Roger Jefferson graciously sold the Old Calland’s Post Office to the County for $1.00, and he wanted to recognize that group for their work on this. • Dudley thanked everyone for coming out, he thanked everyone who worked the Rock Festival and all those who stepped up and helped the situation, and he also thanked Staff for their work and dedication. • Miller referenced item h on the Consent Agenda, Resolution # 2021-09-06, supporting the Chatham Sidewalks Project. He would like to petition that we go to work and attempt to get a sidewalk established where the sidewalk ends at Chatham Elementary and proceed North to Friendship Road. • Davis thanked Staff and those in attendance. He recognized a widow in his District who passed away, Mary D. Brooks, and asked for prayers for her family. He also thanked County Staff for their impressive work at the Blue Ridge Rock Festival, as well as Fire and Rescue personnel. He thanked the Chairman and Vice-Chairman of the Board also. • Scearce stated the Board passed a water project in his district and he thanked County Staff for getting this Project approved and thanked his colleagues for its approval. This will improve the water quality for everyone in that community, and the citizens in that area will appreciate everything that has been done for them. • Warren thanked Ingram for mentioning Sapounakes. He was a big part of the community and was a life member of the Danville Life Saving Crew, as well as a member of the Mount Hermon Fire Department. He thanked everyone for coming out and expressing their concerns, but also wanted to remind everyone that the School Board are also elected officials and the Board does not have any authority over their policies and operations. He thanked the front-line teachers and 7.a.c Packet Pg. 21 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 21, 2021 Business Meeting School Staff for their dedication to the students of the County. He also thanked County Departments for their work during the Rock Festival, and thanked the Schools for the use of their buses and the City of Danville for providing school buses and for providing additional lighting to protect pedestrians who were commuting on foot through those areas. COUNTY ADMINISTRATOR REPORTS Smitherman appreciated the opportunity to work with the Sheriff’s Department, the Virginia State Police, Public Safety, and other local agencies that were helping during the Blue Ridge Rock Festival. He recognized the Tyson Foods announcement, which represents the largest and single employment and investment announcement probably in the history of the County, with close to three hundred (300) people and $300 million dollars’ worth of investment and a Fortune 100 company. This is big news for the County, as well as our partners in the City of Danville. He also is super proud of the joint Economic Development Staff and for the great work they did in landing this flagship industry. He also recognized the Broadband announcement from earlier in the evening, and he thanked the Board, the School Board, and RiverStreet for the great partnership that has now been formally approved. He is looking forward to the successful relationships that they will have in the future. ADJOURNMENT Warren adjourned the Meeting at 9:03 PM. 7.a.c Packet Pg. 22 Attachment: 09-21-2021 Business Meeting - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY LEGISLATIVE COMMITTEE October 12, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Legislative Committee met on October 12, 2021, in the Conference Room of the County Administration Building, 1 Center Street, Chatham, Virginia 24531. CALL TO ORDER (5:00) Miller Called the Meeting to Order at 5:00 PM. ROLL CALL The following Members were present: Attendee Name Title Status Charles H. Miller, Jr. Chairman - Banister District Present Ronald S. Scearce Supervisor - Westover District Present Joe B. Davis Supervisor - Dan River District Present AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Miller, Scearce, Davis NEW BUSINESS a. Potential County Facilities Naming/Renaming Policy Scope Expansion (Staff Contact: J. Vaden Hunt, Esq.) Hunt stated the Board adopted the County Facilities/Naming Policy on March 16, 2019. County Staff is seeking direction whether to broaden the Naming Committee’s scope to include items such as bridges, roads, and other items that are not just buildings. Scearce stated he feels the need to broaden the scope. Davis stated he feels like it should be left the way it is now. Dudley agreed with broadening the policy, and he thinks this is a way to honor people who should be honored. Warren thinks it is a good idea to have the Committee, and there are a lot of qualified people that deserve recognition, and this would add some real consistency with the naming process. Miller stated he is appreciative of the decisions that have been made up to this point, and recognizes and appreciates the fact that the entire Board has been able to weigh in. He would like to expand the scope and put the recommendations and decisions on the Naming Committee. Motion to direct County Staff to bring back a revised Naming Policy that expands its scope to 7.a.d Packet Pg. 23 Attachment: 10-12-2021 Legislative Committee - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Legislative Committee October 12, 2021 the Legislative Committee for review, prior to a recommendation to the full Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Miller, Scearce, Davis b. Board of Supervisors' Policy on Recognitions (Staff Contact: Kaylyn M. McCluster) Hunt stated the Board has a policy on recognitions that was last updated in October 2019. County Staff is seeking the Committees’ input regarding whether this chart is appropriate, or if there are too many presentations being made at the Board Meetings. There are certain localities that do presentations once every quarter. Scearce agreed on once every quarter for recognitions. Davis also agreed with Scearce. Warren stated he thinks this type of event should be held on a separate day from the Board Meetings at 6:00 pm, to allow families and students to attend after working/school hours. There was also mention of a possible social hour afterwards. Miller agreed with Warren’s suggestion, as did Dudley. Ingram stated he has mixed emotions due to the number of events that could take place once a quarter, but also agrees with the logistics of it. Warren read a thank you letter that he just received to show the importance of these recognitions. Motion to direct County Staff to bring back a plan for doing presentations once a quarter for the Legislative Committee’s review. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Miller, Scearce, Davis c. Potential PCC Chapter 10 (Music Festivals) Revisions (Staff Contact: Emily S. Ragsdale) Chapter 10, Music Festivals, of the Pittsylvania County Code (“PCC”) regulates music or entertainment festivals conducted in open spaces, not within an enclosed structure, that continue for a period of time exceeding six (6) hours. This Ordinance was recently updated; however, County Staff believes additional regulations for events that are within enclosed structures and/or continue for less than six (6) hours are needed. Ragsdale stated when going through and trying to bring back something to close the hole that exists in the current Ordinance, there was little found, other than being related to Music Festivals. The section of the County Code that regulates Fire and EMS coverage requires anything over 2,000 people to have coverage at an event. County Staff realizes this number is an issue, and they do not want to overregulate events that would create unintended consequences. Scearce agrees that 2,000 seems a little low. There was consensus of the Legislative Committee to seek other options. Motion for County Staff to meet with stakeholders and find a suitable number to try and regulate events with the least amount of unintended consequences 7.a.d Packet Pg. 24 Attachment: 10-12-2021 Legislative Committee - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Legislative Committee October 12, 2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Miller, Scearce, Davis d. Stormwater Local Review and Administration (Staff Contact: Emily S. Ragsdale) Virginia Code, Article 2.3, Stormwater Management Act, requires localities to either establish a Virginia Erosion and Stormwater Management Program (“VESMP”), or opt out and the Department of Environmental Quality (“DEQ”) will operate the Virginia Stormwater Program (“VSMP”) for the locality. The County has chosen to allow DEQ to operate the VSMP and to adopt and administer a Virginia Erosion and Sediment Control Program internally, as required by Virginia Code § 62.1-44.15.1. County Staff was directed to gather information regarding the process for establishing a VESMP and the impact on County Community Development Staffing and Budget. After discussion regarding increased staffing and other liability and continuity issues this could cause, there was consensus for this to be kept as is. Motion to keep the status quo, and to write a letter to the IDA explaining this item was thoroughly vetted and include the reasons why the Legislative Committee chose to keep as it. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Scearce AYES: Miller, Scearce, Davis e. Potential Removal of PCC Chapters 30 and 30.1 (Staff Contact: J. Vaden Hunt, Esq.) Chatmoss Cablevision’s (“Chatmoss”) has recently been sold to another cable entity. Currently, Chapters 30 (Cable Television; Chatmoss Cablevision Franchise) and 30.1 (Chatmoss Cable Franchise) of the Pittsylvania County Code (“PCC”) regulate Chatmoss Cable. With Chatmoss’ recent sale, these PCC Chapters are no longer needed in the PCC. Motion to recommend the full Board approve the removal of PCC Chapters 30 and 30.1 from the PCC, following the legally advertised and conducted related Public Hearing at the Board’s October Business Meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Scearce AYES: Miller, Scearce, Davis f. Solar Project Limitations (Staff Contact: Emily S. Ragsdale) In 2021, the Virginia General Assembly passed legislation giving localities additional measures to further regulate the development of utility scale solar energy facilities. This legislation requires that any applicant for a solar project or an energy storage project give the host locality 7.a.d Packet Pg. 25 Attachment: 10-12-2021 Legislative Committee - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Legislative Committee October 12, 2021 written notice of the applicant's intent to locate in the locality and request a meeting to discuss a Siting Agreement. Ragsdale presented information relating to Siting Agreements with the Committee and other potential measures to regulate/limit solar projects in the County. Motion to recommend County Staff advertise appropriate revisions to the County Solar Ordinance for potential action, following the legally required Public Hearing, in November. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Scearce AYES: Miller, Scearce, Davis MATTERS FROM COMMITTEE MEMBERS None. ADJOURNMENT Miller adjourned the Meeting at 6:03 PM. 7.a.d Packet Pg. 26 Attachment: 10-12-2021 Legislative Committee - DRAFT (2792 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: September Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: October 19, 2021 Item Number: 7.b Attachment(s): Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review payments made by the County as oversight of County Fund expenditures. Said September Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=426580&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2021 September Bill List as presented. MOTION: “I make a Motion to approve the County’s 2021 September Bill List as presented.” 7.b Packet Pg. 27 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-10-01 (Hank Davis Passing) Adoption (Contact: Chairman Warren) Staff Contact(s): Chairman Warren Agenda Date: October 19, 2021 Item Number: 7.c Attachment(s): 2021-10-01 Hank Davis Reviewed By: SUMMARY: Henry Adams (“Hank”) Davis, Jr., of Chatham Virginia, died September 15, 2021. Davis was a faithful and loyal member of his community and faithfully performed his duties diligently and dependably. He was always willing to give support, guidance, and love to anyone he encountered. The Board expresses its sincere regret and grief over Davis’ loss, an honored and respected County citizen. The Board further expresses its condolences to Davis’s family for their great loss. For the Board’s review and potential adoption, Resolution # 2021-10-01, a Resolution honoring Davis, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-10-01 as presented. MOTION: “I make a Motion to adopt Resolution # 2021-10-01 as presented.” 7.c Packet Pg. 28 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS __________________________________________________________________________________________ RESOLUTION # 2021-10-01 __________________________________________________________________________________________ HONORING HENRY ADAMS (“HANK”) DAVIS __________________________________________________________________________________________ The Pittsylvania County Board of Supervisors (“Board”) adopted the following Resolution at its Business Meeting on October 19, 2021: WHEREAS, Henry Adams (“Hank”) Davis was born on November 23, 1943, in Lynchburg, Virginia, and he was the son of the late Henry Adams Davis and Madelon Jessee Davis; and WHEREAS, Davis graduated from Cave Spring High School, the College of William and Mary, and Stetson University School of Law; and WHEREAS, he was a member of Mill Creek Community Church, a Member of the White Oak Grove Outreach Center Board, Vice-Chairman of the Pittsylvania County Democratic Committee, and the President of the Jessee Historical Foundation; and WHEREAS, Davis also served on the Pittsylvania County Board of Supervisors as the Chatham-Blairs District Representative for more than a decade; and WHEREAS, he was also the Vice-Chairman of the Danville-Pittsylvania County Community Services Board, a Higher Ground Christian Ministries Board Member, Chatham Lions Club Member, and a Boy Scouts Leader; and WHEREAS, Davis practiced law in Chatham for over forty (40) years and was noted for being a model Town citizen; and WHEREAS, he was a faithful and loyal member of his community and faithfully performed his duties in a diligently and dependably manner; he was always willing to give support, guidance, and love to anyone he encountered. NOW, THEREFORE, BE IT RESOLVED, that the Board expresses its sincere regret and grief over Davis’ loss, an honored and respected County citizen; and BE IT FURTHER RESOLVED, that the Board expresses its condolences to the family of Davis’ family for their great loss; and BE IT FINALLY RESOLVED, that the Board directs that a copy of this Resolution be given to Davis’ family. Adopted this 19th day of October, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.c.a Packet Pg. 29 Attachment: 2021-10-01 Hank Davis (2794 : Resolution # 2021-10-01 (Hank Davis Passing) Adoption (Contact: Chairman Warren)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-10-02 (Mary L. Brooks Passing) Adoption (Contact: Supervisor Davis) Staff Contact(s): Supervisor Davis Agenda Date: October 19, 2021 Item Number: 7.d Attachment(s): 2021-10-02 Mary Brooks Reviewed By: SUMMARY: Mary Lou Brooks (“Brooks”), of Ringgold, Virginia, died September 10, 2021. Brooks was a faithful and loyal member of her community. The Board expresses its sincere regret and grief over Brooks’ loss. The Board further expresses its condolences to Brooks’ family for their great loss. For the Board’s review and potential adoption, Resolution # 2021-10-02, a Resolution honoring Brooks, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-10-02 as attached and presented. MOTION: “I make a Motion to adopt Resolution # 2021-10-02 as attached and presented.” 7.d Packet Pg. 30 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS __________________________________________________________________ RESOLUTION # 2021-10-02 _____________________________________________________________________________ HONORING MARY LOU DAVIS BROOKS ______________________________________________________________________________ The Pittsylvania County Board of Supervisors (“Board”) adopted the following Resolution at its Business Meeting on October 19, 2021: WHEREAS, Mary Lou Brooks (“Brooks”) was born on June 29, 1935, in Pittsylvania County, Virginia (“County”); and WHEREAS, she was the daughter of the late Clayton and Isabella D. Davis and was married to the late William W. Brooks, Sr.; and WHEREAS, Brooks spent years serving the community, as she served twenty (20) years on the active support team for the Ringgold Fire Department; and WHEREAS, Brooks was also a seven (7) year Ruritan Club Member and she was a member of White Rock Missionary Baptist Church; and WHEREAS, Brooks was affectionally called “Baby Doll” by her family, and will always be remembered for her dedication to community service. NOW, THEREFORE, BE IT RESOLVED, that the Board expresses its sincere regret and grief over the loss of Brooks, an honored and respected County citizen; and BE IT FURTHER RESOLVED, that the Board expresses its condolences to Brooks’ family for their great loss; and BE IT FINALLY RESOLVED, that the Board directs that a copy of this Resolution be given to Brooks’ family. Adopted this 19th day of October, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 31 Attachment: 2021-10-02 Mary Brooks (2795 : Resolution # 2021-10-02 (Mary L. Brooks Passing) Adoption (Contact: Supervisor Davis)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-10-03 (Honoring Peyton Sellers) Adoption (Contact: Supervisors Davis and Farmer) Staff Contact(s): Supervisors Davis and Farmer Agenda Date: October 19, 2021 Item Number: 7.e Attachment(s): 2021-10-03 Peyton Sellers Reviewed By: SUMMARY: Peyton Sellers (“Sellers”), a County native, has had a record-breaking racing season and was named the 2021 NASCAR Weekly Series National Champion in September 2021. This is the second time winning this title; the first time being in 2005, when he was just twenty-one (21) years old. The Board congratulates Sellers on this accomplishment and the great racing season he has had. For the Board’s review and consideration, Resolution # 2021-10-03, honoring Sellers in attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2021-10-03 as attached and presented. MOTION: “I make a Motion to approve Resolution # 2021-10-03 as attached and presented.” 7.e Packet Pg. 32 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS _________________________________________________________________________ RESOLUTION # 2021-10-03 _____________________________________________________________________________________ HONORING PEYTON SELLERS _____________________________________________________________________________________ The Pittsylvania County Board of Supervisors (“Board”) adopted the following Resolution at its Business Meeting on October 19, 2021: WHEREAS, local native, Peyton Sellers (“Sellers”), was crowned the 2021 NASCAR Weekly Series National Champion in September 2021; and WHEREAS, Sellers won his first Weekly Series championship in 2005 at age twenty-one (21), then the youngest champion in the history of the series; and WHEREAS, in addition to winning the Weekly Series National Championship, Sellers also won the Southeast Region and Virginia State Titles, as well as the track championships at South Boston Speedway and Dominion Raceway, which marked his sixth South Boston track championship and the second for him at Dominion, where he raced last season, while South Boston was shuttered due to the COVID-19 Pandemic; and WHEREAS, Sellers tallied twenty-one (21) wins (twelve (12) at Dominion Raceway and nine (9) at South Boston Speedway) in thirty-seven (37) starts this season, finishing in the top ten (10) in all but two (2) of those races; and WHEREAS, Sellers also accumulated twenty-nine (29) top-five (5) results, including five (5) runner-up finishes.; and WHEREAS, Sellers is renowned for being an incredible driver and a great representative of short track racing; and THEREFORE, BE IT HEREBY RESOLVED, that the Board expresses its congratulations and admiration to Sellers and his team on becoming the NASCAR Weekly Series National Champions. Adopted this 19th day of October, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.e.a Packet Pg. 33 Attachment: 2021-10-03 Peyton Sellers (2796 : Resolution # 2021-10-03 (Honoring Peyton Sellers) Adoption (Contacts: Supervisors Davis and Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-10-04 (Approval of Settlements with Opioid Distributors) Adoption (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: October 19, 2021 Item Number: 7.f Attachment(s): 2021-10-04 Approval of Settlements with Opioid Distributors Reviewed By: SUMMARY: The County, through its elected representatives and counsel, and the Commonwealth of Virginia, through the Office of the Attorney General, are separately engaged in litigation seeking to recover costs incurred and to be incurred in abating the opioid addiction epidemic that plagues Virginia communities. For the Board’s review and consideration, Resolution # 2021-10-04, approving the County’s participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities, and directing the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-10-04 as attached and presented. MOTION: “I make a Motion to adopt Resolution # 2021-10-04 as attached and presented.” 7.f Packet Pg. 34 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS __________________________________________________________________ RESOLUTION # 2021-10-04 ______________________________________________________________________________ A RESOLUTION OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST MCKESSON, CARDINAL HEALTH, AMERISOURCEBERGEN, JANSSEN, AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY’S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS ______________________________________________________________________________ The Pittsylvania County Board of Supervisors (“Board”) adopted the following Resolution at its Business Meeting on October 19, 2021: WHEREAS, the opioid epidemic, that has cost thousands of human lives across the Country, also impacts Pittsylvania County, Virginia (“County”), by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health, and substance abuse services, and other services by various County departments and agencies; and WHEREAS, the County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, Staff energy, and time to address the damage the opioid epidemic has caused and continues to cause County citizens; and WHEREAS, the County has filed suit against McKesson, Cardinal Health, AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the County; and WHEREAS, the County’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, settlement proposals have been negotiated that will cause McKesson, Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to resolve opioid-related claims against them; and WHEREAS, the County’s outside opioid litigation counsel has recommended that the County participate in the settlements to recover its share of the funds that the settlement would provide; and 7.f.a Packet Pg. 35 Attachment: 2021-10-04 Approval of Settlements with Opioid Distributors (2797 : Resolution # 2021-10-04 (Approval of Settlements with Opioid WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel. THEREFORE, BE IT HEREBY RESOLVED that the Board, this 19th day of October 2021, approves of the County’s participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities, and directs the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against settling entities. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ATTEST: __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.f.a Packet Pg. 36 Attachment: 2021-10-04 Approval of Settlements with Opioid Distributors (2797 : Resolution # 2021-10-04 (Approval of Settlements with Opioid Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: 2021 VACo Annual Business Meeting Voting Credentials Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: October 19, 2021 Item Number: 7.g Attachment(s): Voting Credentials Letter 2021 Annual Meeting Voting Credentials Form fillable Reviewed By: SUMMARY The 2021 Annual Business Meeting of the Virginia Association of Counties (“VACo”) is on Tuesday, November 16, 2021. Article VI of the VACo Bylaws state that each County shall designate a representative of its Board of Supervisors to cast its vote(s) at the Annual Business Meeting. However, if a Member of the Board of Supervisors cannot be present for this Meeting, VACo’s Bylaws allow a County to designate a non-elected County official to cast a proxy vote(s). For the County to be certified to vote at the Annual Business Meeting, a completed Voting Credentials Form or a Proxy Statement, attached, must be submitted to VACo by November 1, 2021. FINANCIAL IMPACT AND FUNDING SOURCE None. RECOMMENDATION County Staff recommends the Board designate Chairman Warren as the County’s VACo Annual Business Meeting Voting Delegate and Vice-Chairman Scearce as the County’s Alternate Delegate. If neither can attend the Meeting, County Staff recommends David M. Smitherman, County Administrator, be designated as the County’s non-elected Proxy Voter. MOTION “I make a Motion designating Chairman Warren as the County’s VACo Annual Business Meeting Voting Delegate and Vice-Chairman Scearce as the County’s Alternate Delegate. If neither can attend the Meeting, I make a further Motion designating David M. Smitherman, County Administrator, as the County’s non-elected Proxy Voter.” 7.g Packet Pg. 37 7.g.a Packet Pg. 38 Attachment: Voting Credentials Letter (2798 : 2021 VACo Annual Business Meeting Voting Credentials Approval (Staff Contact: Kaylyn M. 7.g.b Packet Pg. 39 Attachment: 2021 Annual Meeting Voting Credentials Form fillable (2798 : 2021 VACo Annual Business Meeting Voting Credentials Approval Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Robin Court Engineering Proposal Award (Staff Contact: Christopher Adcock) Staff Contact(s): Christopher Adcock Agenda Date: October 19, 2021 Item Number: 7.h Attachment(s): 20201604_PRO_Chatham_Connection Reviewed By: SUMMARY: At the September 21, 2021, Finance Committee (“FC”) Meeting, the Committee approved utilizing a portion of the County’s American Rescue Plan Act (“ARPA”) funding allocation for a water system extension to connect the Robin Court well system to the Town of Chatham’s water system (“Project”). County Staff has received a proposal from Hurt & Proffitt engineers for Project design. Hurt & Proffitt prepared the Preliminary Engineering Report for the Project., and its proposal for the Project’s engineering work is attached for the Board’s review and consideration. FINANCIAL IMPACT AND FUNDING SOURCE: Funds will be used for the Project from the County’s ARPA funding allocation. RECOMMENDATION: County Staff recommends awarding a contract to Hurt & Proffitt in the amount of $112,688 (lump sum) for the Project’s survey, design, regulatory approvals, permitting, bidding assistance, and an hourly estimate of $68,092 for construction assistance and special inspections as needed for the Project. The hourly work will be as needed. MOTION: “I make a Motion to award a contract to Hurt & Proffitt engineers in the amount of $112,688 (lump sum) for the Project.” 7.h Packet Pg. 40 7.h.a Packet Pg. 41 Attachment: 20201604_PRO_Chatham_Connection (2821 : Robin Court Engineering Proposal Award (Staff Contact: Christopher Adcock)) 7.h.a Packet Pg. 42 Attachment: 20201604_PRO_Chatham_Connection (2821 : Robin Court Engineering Proposal Award (Staff Contact: Christopher Adcock)) 7.h.a Packet Pg. 43 Attachment: 20201604_PRO_Chatham_Connection (2821 : Robin Court Engineering Proposal Award (Staff Contact: Christopher Adcock)) 7.h.a Packet Pg. 44 Attachment: 20201604_PRO_Chatham_Connection (2821 : Robin Court Engineering Proposal Award (Staff Contact: Christopher Adcock)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Climax Road Convenience Center Bid Award Approval (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: October 19, 2021 Item Number: 7.i Attachment(s): Reviewed By: SUMMARY: On October 8, 2021, the County received bids for the construction of the Climax Road Convenience Center (“Project”). The following firms provided a bid on the Project: F&B Contractors, Ltd. $751,445.00 Whites Construction Company, Inc. $724,714.12 Crews Construction $647,464.17 Concrete Foundations, Inc. $580,075.00 Price Buildings, Inc. $499,611.39 Price Buildings, Inc., appears to be the lowest responsible bidder at a price of $499,611.39. FINANCIAL IMPACT AND FUNDING SOURCE: The Project’s cost will be covered in the Landfill Financing that was recently approved by the Board and is expected to close in November. RECOMMENDATION: County Staff recommends the Board award the Project bid to Price Buildings, Inc., in the amount of $499,611.39. MOTION: “I make a Motion to award the Project Bid to Price Buildings, Inc., in the amount of $499,611.39 and authorize the County Administrator to execute all necessary related Project documents” 7.i Packet Pg. 45 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Level Run Road Convenience Center Bis Award Approval (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: October 19, 2021 Item Number: 7.j Attachment(s): Reviewed By: SUMMARY: On October 8, 2021, the County received bids for the construction of the Level Run Road Convenience (“Project”). The following firms provided a bid on the project: F&B Contractors, Ltd. $479,904.00 Whites Construction Company, Inc. $470,203.34 Crews Construction $417,097.34 Price Buildings, Inc. $381,453.94 Concrete Foundations, Inc. $375,694.25 Concrete Foundations, Inc, appears to be the lowest responsible bidder at a price of $375,694.25 FINANCIAL IMPACT AND FUNDING SOURCE: The cost of this Project will be covered in the Landfill Financing that was recently approved by the Board and is expected to close in November. RECOMMENDATION: County Staff recommends the Board award the bid for the Project to Concrete Foundations, Inc., in the amount of $375,694.25. MOTION: “I make a Motion to award the bid for the Project, in the amount of $375,694.25, to Concrete Foundations, Inc., and authorize the County Administrator to execute all necessary Project documents.” 7.j Packet Pg. 46 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: October 19, 2021 Item Number: 7.k Attachment(s): IDA of Danville Pittsylvania IDA CL 10.5.21 Reviewed By: SUMMARY: With Board support, the Pittsylvania County Industrial Development Authority (“IDA”) is jointly developing a 30,000 sq. ft. Shell Building (“Project”) in Danville-Pittsylvania Regional Industrial Facility Authority’s (“RIFA”) Cyber Park with the City of Danville Industrial Development Authority. The Project is being funded by a $1M Tobacco Commission Grant and a blend of conventional financing consisting of a Virginia Community Capital (“VCC”) (primary lender) and the Virginia Small Business Finance Authority (“VSBFA”) (secondary lender). The conventional loan is for $2.875M at a below commercial market rate of 3.1%, with an amortization schedule of twenty (20) years and loan maturity of eleven (11)-years from date of loan closing. The low rate is due to County Economic Development Staff negotiating with VSBFA to offer its services for fifty percent (50%) of the loan value and to be a secondary participant in the loan – the first time VSBFA has ever approved such a model. All necessary approvals have been received from the VSBFA. For the Committee’s review and consideration, a VCC $2.875 loan commitment letter, required to be signed by the Board for the Project, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: The immediate financial impact is unknown and is entirely dependent upon the timing of placing a tenant into the Project. The funding source for the construction of the Shell Building are through the $1M Tobacco Commission Grant and the VCC/VSBFA loan. However, both the City and County are equally responsible (50/50) for debt payments, until a tenant is secured for the Project. This also includes repayment of the loan should the localities not charge proper tenant lease or purchase value to cover the outstanding loan balance on the Project as an incentive for future investment and/or job creation. Such payments will come from either the County’s General Fund as a dedicated encumbrance, or from the IDA’s funds – as directed by the Board. RECOMMENDATION: 7.k Packet Pg. 47 County Economic Development Staff recommends that Finance Committee recommend the full Board approve the attached VCC 2.875M loan commitment letter for the Project as presented. MOTION: “I make a Motion recommending the full Board approve the attached VCC $2.875M loan commitment letter for the Project as presented.” 7.k Packet Pg. 48 October 5, 2021 Corrie Teague Bobe Director IDA of Danville 427 Patton Street Danville, VA 24541 Matthew Rowe Director IDA of Pittsylvania County 1 Center Street Chatham, Trofimova 24531 Re: IDA of Danville and IDA of Pittsylvania County Term Loan - Commitment Letter Dear Corrie and Matt: We are pleased to advise you that Virginia Community Capital and VCC Bank (the “Lender”) has approved your loan request for a construction of Commercial Real Estate (the “Commitment”) subject to the following terms and conditions: Basic Terms a.Borrowers: IDA of Danville and IDA of Pittsylvania County b.Pledge: Moral Obligations of the City of Danville and Pittsylvania County c.Loan Amount: $2,875,000 not to exceed 100% of the total construction cost. Upon completion should not exceed 80% loan to value. d.Repayment Terms: Interest only for twelve months. Starting with the thirteenth month, the loan will be payable in monthly payments of principal and interest based on an amortization of twenty (20) years. The loan will mature eleven (11) years from the date of loan closing. e.Use of Proceeds: New construction of a 30,000 sq ft speculative industrial shell building in Cyber Park located in Danville. 7.k.a Packet Pg. 49 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter 2 f. Interest Rate: VCC rate is 3.75% Fixed for 6 years. After 6 years VCC rate will reprice at 5 yr CMT plus 3.02% with a floor of 3.75%. VSBFA rate is 2.44% as of this commitment based on 75% of WSJ Prime. VSBFA rate will be fixed for 11 years based on WSJ Prime at closing. The borrowers will receive the blended rate of 3.10% based on current VSBFA rate. The initial rate is good for 90 days from the date of this letter. If the loan is not closed in 90 days from the date of this letter, the bank reserves the right to reset rate. Interest on all Loans shall be computed based on the actual number of days the Loan are outstanding as if each year were composed of 360 days. In the event of default under any of the Loan Documents (as hereinafter defined), the interest rate on the Loan may increase by 5%. g. Loan Commitment Fee: .72% of the VCC Loan Amount due at loan closing (maximum fee will be $10,350). One-fourth ($2,590) of this fee shall be due at the signing of the commitment letter and is non- refundable. The remainder of the commitment fees shall be due and payable at Loan closing. Fees shall be considered fully earned and non-refundable once paid. h. Closing Date: Closing of this Loan shall take place no later than 90 days from the date of this letter (the “Closing Date”). i. Collateral: Newly constructed 30,000 sq ft speculative industrial shell building in Cyber Park located in Danville, 1st DOT, Moral Obligation of City of Danville and Pittsylvania County. Closing Conditions: • Copy of executed Tobacco Commission Grant with applicable extension documentation. • $1MM Tobacco Commission Grant must be applied to this loan understanding it is funded on a reimbursed basis by the grantor. • City of Danville Moral Obligation must be approved by Danville City Council and provided to VCC prior to loan closing. • Pittsylvania County Moral Obligation must be approved by Pittsylvania County Board of Supervisors and provided to VCC prior to loan closing. • CRE appraisal for property being financed, with results deemed sufficient by VCC Bank • Environmental Review deemed satisfactory • Review of Land Lease deemed satisfactory • Construction budget with 5% contingencies • Fixed price construction contract reviewed with Risk • Draws will have 10% retainage • 3rd party Construction monitoring will be required. • Payment and Performance Bond or 10% LOC required from GC • $75,000 required for Interest Reserve • Commitment from VSBFA for 50% Participation of loan amount • Executed participation agreement with VSBFA 7.k.a Packet Pg. 50 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter 3 • Site Plan, Survey, Zoning and Plans and Specifications reviewed by Risk prior to closing • VCC Bank listed as First Mortgagee on business property insurance • VCC Bank listed as First Mortgagee on property and liability insurance for CRE being financed. • If property is in a flood zone, flood insurance will be required with VCC listed as Lender's Loss Payee • No adverse change in guarantors or borrowers financials as of 6/30/21 1. Payment, Purpose, Structure, Maturity and Term of Loan: Borrowers will repay loan upon lenders demand. If no demand is made, Borrowers shall make monthly payments of interest only on the outstanding Loan balance commencing one month following closing and continuing the same day each month thereafter for 12 months with Principal & Interest payments beginning on month 13 including the Maturity Date. Loan is 12 months Interest only, 20-year am, 10-year term) On the Maturity Date as originally set, the entire amount outstanding under the Loan (including principal, interest, fees, late charges and all other amounts) shall be repaid in full. Any payments which are not received by the Lender within ten (10) days of the date on which due shall be subject to a late charge of five percent (5%) or $250, whichever is more. Quality of Documents and Items: Each document and item required to be submitted to Lender pursuant to this Commitment shall be satisfactory in form and substance to Lender and its legal counsel, in their sole discretion. All legal costs of closing this transaction will be borne by the Borrowers and shall be due upon demand. Conditions of Loan: As conditions precedent to the closing of the Loan, all conditions and requirements in this Commitment must be satisfied to Lender’s satisfaction, as determined by Lender in its sole discretion, and Borrowers must have provided or caused to be provided to Lender, and Lender must have received, reviewed and found satisfactory, the following: a. Loan Documents: Promissory Note with confession of judgement provisions, loan agreement, deed of trust, consents and all such other and further documents as Lender may require (collectively, the “Loan Documents”), duly executed acknowledged and/or sworn to, delivered, recorded and/or filed, upon the terms of this Commitment and containing such representations and warranties and affirmative, negative and other covenants, together with other additional terms and conditions, as Lender may require. Closing Cost: All costs incurred will be the responsibility of the Borrowers. 7.k.a Packet Pg. 51 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter 4 The loan documents will be prepared by an attorney. Any requested changes by the Borrowers will be reviewed by the Bank’s legal counsel at a rate of $500/hour. b. Authority and Capacity: Evidence of the existence, good standing, authority and capacity of Borrowers and Guarantor and their respective constituents and representatives as Lender may require. Borrower’s and Guarantor’s organizational documents shall be subject to review by Lender and must be acceptable to Lender. c. Insurance: Borrower’s effective, paid-up policies of title insurance in the amount of the Loan in favor of the Lender (containing affirmative mechanics’ lien coverage and such other coverages and endorsements as the Lender shall require in its sole discretion), fire and all-risk replacement cost coverage (including Builder’s Risk coverage) of all insurable Collateral and with loss proceeds payable to Lender; comprehensive general public liability insurance with Lender as additional insured; and such other or additional insurance, and covering such risk, as Lender shall require in its sole discretion. All policies must be written by insurers, in amounts, with endorsements, and on terms and conditions satisfactory to Lender in its sole discretion. d. Attorney’s Opinion: The written opinion(s) of counsel for Borrowers and Guarantor, addressed to Lender, confirming the legal status and authority of Borrowers and Guarantor, the due authorization, execution and delivery, and the validity, binding effect and enforceability of the Loan Documents, the creation, validity, and perfection of the liens and security interests created by the Loan Documents and such other matters as Lender requests. Such counsel and opinion(s) must be satisfactory to Lender in its sole discretion. e. Evidence of Other Funding Sources: Prior to the closing of the Loan, the Lender shall be furnished with evidence that Borrowers has obtained commitments from all required funding sources with terms acceptable to Lender. f. Plans and Specifications: A complete set of final plans and specifications for the Project if available (collectively, the “Plans and Specifications”) shall be submitted to and approved by the Lender prior to the closing of the Loans. Any material deviation from the approved Plans and Specifications must be approved by Lender in writing. g. Current Survey: The Borrowers shall furnish to the Lender a physical survey of Property showing no encroachments and otherwise acceptable to the Lender, prepared and certified by a certified land surveyor approved by the Lender, which survey shall designate, without limitation, a) the boundaries of the land, b) the location of any buildings, c) the location of all 7.k.a Packet Pg. 52 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter 5 easements of record affecting this land or the buildings, specifying the holder of each such easement and the pertinent recordation information, d) any and all building restrictions and/or set back line, e) all easements for ingress and egress across adjoining properties, and f) the flood zone location of the Property. h. Appraisal: The Lender’s obligation to make the Loan is conditioned upon receipt and review by the Lender of an appraisal of the real estate collateral acceptable to the Lender with an appropriate loan to value acceptable to Lender. The loan to value will not exceed 80% based on the value of the project real estate. Lender appraisal review fee will be $350.00 for which Borrowers is responsible for payment at closing. i. Environmental Matters: A Phase I environmental site assessment will be obtained prior to closing on the subject property. In the event that the Lender determines that additional environmental assessment is necessary, Borrowers agrees to this requirement. Lender will charge a $100.00 environmental report review fee which Borrowers agrees to pay at closing. j. Miscellaneous: Such other evidence, documents, certificates, opinions and items requested by Lender that are customarily provided in loan transactions of this type or necessary in connection with any other requirement of this Commitment. k. Date for Submission: All submissions must be made and all conditions must be satisfied by Borrowers at least seven (7) business days prior to Loan Closing. 2. General Conditions a. Termination of Commitment: Lender may terminate this Commitment if there shall have occurred, in the opinion of Lender, from the date of Borrower’s application for the Loans (a) any change in the ownership or capital structure of Borrowers or Guarantor, (b) any material adverse change with respect to the security for the Loans or other source of repayment of the Loan, (c) any material adverse change in the business or financial condition of Borrowers or the Guarantor, or any other change in any facts submitted to Lender in connection with the Commitment, (d) any damage to the Real Property, the improvements thereon or any of the other assets of the Borrowers by fire, casualty or other cause or any asset of the Borrowers is taken in condemnation or other like proceeding, or any such proceeding is pending at the time of Closing, or (d) any pending or threatened litigation by or against Borrowers, any affiliate of Borrowers, or Guarantor. b. Participation or Sale of Loans: Lender may sell the Loans or undivided ownership or participation interests in the Loans and disclose such financial and other information regarding Borrowers, and/or Guarantor which Lender 7.k.a Packet Pg. 53 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter 6 may deem necessary in connection therewith. Borrowers and Guarantor shall execute, acknowledge and deliver any and all instruments reasonably requested by Lender in connection with the foregoing. c.Applicable Laws: This Commitment and the Loan Documents shall be governed entirely by Virginia law and applicable United States Federal Law. d.Entire Agreement: The terms set forth above represent the entire understanding between Borrowers and Lender with respect to the subject matter of this Commitment, and this Commitment supersedes any prior and contemporaneous agreements, commitments, discussions and understandings, oral or written, with respect to the subject matter hereof. This Commitment will terminate upon, and not survive, the execution and delivery of the Loan Documents. e.Controlling Agreement: This Commitment is hereby limited so that in no event shall the interest taken, reserved, contracted for, charged or received exceed the maximum non usurious amount permitted by applicable law; and any provision possibly to the contrary shall be automatically reformed and the interest payable automatically reduced to such maximum amount, without necessity of execution of any amendment or new document. f.Assignment: This Commitment cannot be assigned by Borrowers without Lender’s prior written approval, nor shall any third party rely hereon or be deemed a party benefited hereby. f.Costs: Borrowers shall pay on demand all out-of-pocket costs and expenses incurred by Lender or Borrowers, in connection with the Loan (pre-and post- closing), including but not limited to, all costs associated with documenting, recording, closing; and all fees and expenses of Lender’s outside legal counsel and the cost of any other reports deemed necessary by Lender, whether or not the Loan closes. Such costs and expenses incurred at or prior to the Loan Closing shall be due and payable prior to the closing of the Loan. The provisions of this paragraph shall survive the expiration or termination of this Commitment. g.Financial Reporting Requirements: City of Danville, IDA of Danville, IDA of Pittsylvania County and Pittsylvania County Audits will be provided annually and due within 120 days of fiscal year end. 3.Acceptance; Termination: This Commitment shall terminate automatically without notice at 5:00 pm Eastern Standard Time on or before October 25th 2021, unless before that time Borrowers has accepted it by delivering a signed original of this letter to the Lender at its address shown at the beginning of this Commitment along with the $2,590 commitment fee deposit. If all the conditions of this Commitment have not been satisfied or if Lender and Borrowers are unable to agree on and reduce to writing all of the Loan Documents in a manner 7.k.a Packet Pg. 54 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter 7 satisfactory to Lender by the Closing Date, time being of the essence, or if there has been any misrepresentation or any material error in anything submitted to Lender regarding the Loan or pursuant to any other provision hereof, the Lender shall have the option to terminate this Commitment. Upon any such termination, the Lender shall have no obligation to extend any credit hereunder, the Lender shall be entitled to retain all fees and other sums paid by Borrowers to the Lender in connection with this Commitment, and all obligations hereunder shall terminate except as specified in Section 6.7. THE LOAN DOCUMENTS WILL REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. Very Truly Yours, VCC Bank _____________________________________________ Cindy Snider AVP, Small Business Loan Officer 540-250-0055 The undersigned accept and agree to all of the terms and conditions of the foregoing Commitment. For the Borrower: Name IDA of Danville By: ______________________________ (SEAL) Name: T. Neal Morris Title: IDA Board Chair ______________________________ Date 7.k.a Packet Pg. 55 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter 8 For the Guarantor: City of Danville Name By: _______________________________ (SEAL) Name: Ken Larking Title: City Manager _______________________________ Date For the Borrower: Name IDA of Pittsylvania By: ______________________________ (SEAL) Name: Title: IDA Board Chair ______________________________ Date For the Guarantor: Pittsylvania County Name By: _______________________________ (SEAL) Name: Title: County Administrator _______________________________ Date 7.k.a Packet Pg. 56 Attachment: IDA of Danville Pittsylvania IDA CL 10.5.21 (2819 : IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Virginia Department of Health-Drinking Water Program Grants Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: October 19, 2021 Item Number: 7.l Attachment(s): Robin Court PDF Grant Letter_Agreement_PF 332-20 Grit Rd PDF Award Letter and Agreement Reviewed By: SUMMARY: As evinced by the two (2) attachments, County Public Works has received two (2) Planning Grants from the Virginia Department of Health Drinking Water Program. The first Grant will be used for the evaluation and Preliminary Engineering Report (“PER”) for the Robin Court Well Project and has been awarded in an amount not to exceed $22,100. The second Grant will be used for to prepare the PER for the Grit Road Disinfection Byproduct project and has been awarded in an amount not to exceed $35,000. FINANCIAL IMPACT AND FUNDING SOURCE: These are State Grants that do not require additional local funding. ARPA funds will be utilized for the construction of the Robin Court Well Project. Additional discussions will need to be held to discuss future funding, should a decision be made to move forward with the Grit Road Water Project. RECOMMENDATION: County Staff recommends the Board appropriate a total of $57,100 to the Water and Sewer Fund to cover the design and engineering costs of the Robin Court Well Project, in an amount not to exceed $22,100, and to cover the preparation of the PER for the Grit Road Disinfection Byproduct Project in an amount not to exceed $35,000. MOTION: “I make a Motion to appropriate a total of $57,100 to the County’s Water/Sewer Fund (Fund 501) as presented.” 7.l Packet Pg. 57 7.l.a Packet Pg. 58 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 59 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 60 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 61 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 62 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 63 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 64 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 65 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.a Packet Pg. 66 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.aPacket Pg. 67Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health- 7.l.a Packet Pg. 68 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.aPacket Pg. 69Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health- 7.l.a Packet Pg. 70 Attachment: Robin Court PDF Grant Letter_Agreement_PF 332-20 (2804 : Virginia Department of Health-Drinking Water Program Grants Staff 7.l.b Packet Pg. 71 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 72 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 73 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 74 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 75 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 76 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 77 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 78 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 79 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 80 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 81 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 82 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: 7.l.b Packet Pg. 83 Attachment: Grit Rd PDF Award Letter and Agreement (2804 : Virginia Department of Health-Drinking Water Program Grants Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Planning Commission (Nathan Harker; Staunton River); (Contact: Supervisor Dudley) Staff Contact(s): Supervisor Dudley Agenda Date: October 19, 2021 Item Number: 7.m Attachment(s): Reviewed By: SUMMARY: Nathan Harker (“Hawker”) is the current Staunton River District Representative on the Planning Commission (“PC”), and his term will expire on October 31, 2021. Supervisor Dudley desires to re-appoint Harker to the PC for another four (4)-year term, which will begin on November 1, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board support Supervisor Dudley’s request and re-appoint Harker for another four (4)-year term on the PC as the Staunton River District Representative starting on November 1, 2021. MOTION: “I make a Motion to reappoint Harker to the PC as the Staunton River District Representative for another four (4)-year term beginning on November 1, 2021.” 7.m Packet Pg. 84 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: County Employee Service Awards Presentation (20 or more years' service); (Staff Contact: Dave F. Arnold) Staff Contact(s): Dave F. Arnold Agenda Date: October 19, 2021 Item Number: 8.a Attachment(s): Service Awards Ceremony (20 plus years) Reviewed By: Dave F. Arnold, Assistant County Administrator, will recognize County employees with twenty (20) or more years’ service. 8.a Packet Pg. 85 Service Award Recipients 20, 25, 35, 40 and 45 Years of Service Tuesday, October 19, 2021 7:00 pm / BOS Business Meeting Congratulations! 8.a.a Packet Pg. 86 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Congratulations on 20 years! Katie Owen, Deputy Clerk II Clerk of Court Terrance Walters, Deputy Sheriff’s Office (OPTED OUT OF PHOTO) 8.a.a Packet Pg. 87 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Congratulations on 20 years! Michael Owens, First Sergeant Sheriff’s Office Leslie Bennett, Administrative Assistant Sheriff’s Office 8.a.a Packet Pg. 88 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Congratulations on 20 years! Ray McKinney, E-911 Asst. Supervisor Public Safety Pam Holley, E-911 Asst. Supervisor Public Safety 8.a.a Packet Pg. 89 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Congratulations on 25 years! Howard Crump, School Resource Officer Sheriff’s Office Stephen Kinsley, Bailiff Sheriff’s Office 8.a.a Packet Pg. 90 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Congratulations on 35 years! Robin Goard Commissioner of the Revenue Congratulations on achieving this anniversary with us! We know you have worked hard for this accomplishment and we truly appreciate your dedication. 8.a.a Packet Pg. 91 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Congratulations on 40 years! George Coleman, Captain Sheriff’s Office We are so happy and proud of you for all you’ve accomplished. Thank you for staying with us through the years. Congratulations on this service milestone! 8.a.a Packet Pg. 92 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Congratulations on 45 years! Mike Taylor Sheriff Congratulations on your service anniversary today! You have been such a significant part of our team and we couldn’t imagine our workplace without you. 8.a.a Packet Pg. 93 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Through the years, your talents and efforts have helped our success. Together, we take pride in your accomplishment and your commitment to excellence. Congratulations on your service milestone. 8.a.a Packet Pg. 94 Attachment: Service Awards Ceremony (20 plus years) (2799 : County Employee Service Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Resolution Presentations (Contact: Board of Supervisors) Staff Contact(s): Board of Supervisors Agenda Date: October 19, 2021 Item Number: 8.b Attachment(s): Reviewed By: The Board will present the approved Resolutions to their respective recipients in attendance. 8.b Packet Pg. 95 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-21-027; Andrew Pope; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Farmer) Staff Contact(s): Emily S. Ragsdale Agenda Date: October 19, 2021 Item Number: 10.A.1 Attachment(s): Case R-21-027 Pope Application Case R-21-027 Pope Map Reviewed By: SUMMARY: In Case R-21-027, Andrew Pope (“Petitioner”) has petitioned to rezone 1.339 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with an adjacent parcel of land zoned A-1). The subject property is located on State Road 903/Galveston Road, in the Callands-Gretna Election District and shown on the Tax Maps as part GPIN #2428- 39-7300. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-21-027 as presented. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-21-027, I make a Motion to approve the rezoning of 1.339 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.1 Packet Pg. 96 10.A.1.a Packet Pg. 97 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.a Packet Pg. 98 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.a Packet Pg. 99 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.a Packet Pg. 100 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.a Packet Pg. 101 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.a Packet Pg. 102 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.a Packet Pg. 103 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.a Packet Pg. 104 Attachment: Case R-21-027 Pope Application (2822 : Public Hearing: Case R-21-027; Andrew Pope) 10.A.1.b Packet Pg. 105 Attachment: Case R-21-027 Pope Map (2822 : Public Hearing: Case R-21-027; Andrew Pope) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-21-029; High Country Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. (Chairman Warren) Staff Contact(s): Emily S. Ragsdale Agenda Date: October 19, 2021 Item Number: 10.A.2 Attachment(s): Case R-21-029 High Country Application Case R-21-029 High Country Map and Plat Reviewed By: SUMMARY: In Case R-21-029, High Country Holdings, LLC (“Petitioner”), has petitioned to rezone a total of 2.902 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an adjacent parcel of land zoned R-1). The subject property is located on State Road 839/Waller Lane, in the Chatham-Blairs Election District and shown on the Tax Maps as part of GPIN # 1491-08-7740. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-21-029 as presented. The subject property is adjacent to properties currently zoned R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-21-029, I make a Motion to approve the rezoning of 2.902 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.2 Packet Pg. 106 10.A.2.a Packet Pg. 107 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.a Packet Pg. 108 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.a Packet Pg. 109 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.a Packet Pg. 110 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.a Packet Pg. 111 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.a Packet Pg. 112 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.a Packet Pg. 113 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.a Packet Pg. 114 Attachment: Case R-21-029 High Country Application (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.b Packet Pg. 115 Attachment: Case R-21-029 High Country Map and Plat (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) 10.A.2.b Packet Pg. 116 Attachment: Case R-21-029 High Country Map and Plat (2823 : Public Hearing: Case R-21-029; High Country Holdings, LLC) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: October 19, 2021 Item Number: 10.B.1 Attachment(s): 10-19-2021 PCC Ch. 30 - 30.1 Chathmoss Cablevision Franchise Chapters 30 and 30.1 Reviewed By: SUMMARY: Chatmoss Cablevision’s (“Chatmoss”) was recently sold to another cable entity. Currently, Chapters 30 (Cable Television; Chatmoss Cablevision Franchise) and 30.1 (Chatmoss Cable Franchise) of the Pittsylvania County Code (“PCC”) regulate Chatmoss Cable. For the Board’s review, said PCC Chapters are attached. With Chatmoss’ recent sale, these PCC Chapters are no longer needed in the PCC. The Public Hearing has been duly advertised in the Chatham Star Tribune on October 6, 2021, and October 13, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: Following the legally advertised and conducted related Public Hearing, County Staff recommends the Board approve the removal of PCC Chapters 30 and 30.1 from the PCC. MOTION: “I make a Motion to remove PCC Chapters 30 and 30.1 from the PCC.” 10.B.1 Packet Pg. 117 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, October 19, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on the proposed removal of Pittsylvania County Code (“PCC”), Chapters 30 and 30.1, Chatmoss Cablevision Franchise. 10.B.1.a Packet Pg. 118 Attachment: 10-19-2021 PCC Ch. 30 - 30.1 Chathmoss Cablevision Franchise (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; 10.B.1.b Packet Pg. 119 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 120 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 121 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 122 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 123 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 124 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 125 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 126 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 127 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 128 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 129 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 130 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 131 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 132 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 133 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 134 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 135 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 136 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 137 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 138 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 139 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 140 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 141 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 142 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 143 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 144 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 145 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 146 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 147 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 148 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 149 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 150 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 151 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 152 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 153 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 154 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 155 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 156 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 157 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 158 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 159 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, 10.B.1.b Packet Pg. 160 Attachment: Chapters 30 and 30.1 (2810 : Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact: J Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: October 19, 2021 Item Number: 10.B.2 Attachment(s): 10-19-2021 AEP Supplemental Row Easement AEP Reviewed By: SUMMARY: Appalachian Power Company (“AEP”) has requested the County grant an easement to it on County-owned property on both sides of the currently cut and maintained right-of-way located near the Ringgold Industrial Parkway, more specifically described as +/- 0.6 acres on GPIN #’s 2338-40-6075 and 2338-50-3839. For the Board’s review and consideration, related documentation is attached. Since this involves the potential sale of an interest in County-owned property, per Virginia Code § 15.2-1800, a Public Hearing is legally required, which has been legally and duly advertised. FINANCIAL IMPACT AND FUNDING SOURCE: AEP will pay the County $3,598.93 for the easement. RECOMMENDATION: Following the conducting of the legally required Public Hearing, County Staff recommends the Board grant the easement to AEP as presented. MOTION: “I make a Motion granting the easement to AEP as presented.” 10.B.2 Packet Pg. 161 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, October 19, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on granting a potential easement on County-owned property to Appalachian Power Company on both sides of the currently cut and maintained right of way located near the Ringgold Industrial Parkway, more specifically described as GPIN #’s 2338-40-6075 and 2338- 50-3839. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 10.B.2.a Packet Pg. 162 Attachment: 10-19-2021 AEP Supplemental Row Easement (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) 10.B.2.b Packet Pg. 163 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 164 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 165 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 166 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 167 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 168 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 169 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 170 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 171 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 172 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 173 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:) 10.B.2.b Packet Pg. 174 Attachment: AEP (2811 : Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact:)