01-18-2022 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, January 18, 2022 – 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. December Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde)
c. Minimum Wage Adjustment-Grades 107-108 Approval Ratification (Staff Contact:
Kimberly Van Der Hyde)
d. Courthouse Maintenance Appropriation (Staff Contact: Kimberly Van Der Hyde)
e. Mid-Year Budget Appropriations (Staff Contact: Kimberly Van Der Hyde)
f. SCC Properties Tax Refund Approval (3); (Honorable Robin Goard)
g. Reappointment: Planning Commission (Dan River District); (Brian Horne);
(Supervisor Chesher)
h. Reappointment: TLAC Citizen Representative (Emily S. Ragsdale); (Supervisor
Dalton)
8. PRESENTATIONS
a. 1% School's Sales Tax Presentation (Dr. Mark Jones, Pittsylvania County Schools)
Business Meeting - January 18, 2022
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
A. Rezoning Public Hearings
Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the
Board of Supervisors have been empowered to hear and decide specific zoning issues
and zoning map changes in support of said Ordinance. In accomplishing this
important task, the Board is responsible for promoting the health, safety, and general
public welfare of the citizens of Pittsylvania County. The Board must ensure that all
of its decisions and regulations be directed to these goals and that each be consistent
with the environment, the comprehensive plan, and in the best interest of Pittsylvania
County, its citizens, and its posterity.
Case 1: Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett;
Rezoning from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Supervisor Dalton)
Case 2: Public Hearing: Case R-21-034; Nathan and Kathy Yeatts; Rezoning from
R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (Supervisor Dalton)
Case 3: Public Hearing: Case R-21-035; Samuel Breedlove; Rezoning from A-1,
Agricultural District, to R-1, Residential Suburban Subdivision District
(Supervisor Ingram)
Case 4: Public Hearing: Case R-21-036; Damon Haskins and April Allen;
Rezoning from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Supervisor Dalton)
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
Business Meeting - January 18, 2022
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.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a. Resolution # 2022-01-03 (Schools 1% Sales Tax Referendum) Adoption (Staff
Contact: J. Vaden Hunt, Esq.)
b. Resolution # 2022-01-04 (Woodroam Waterworks Receivership Support) Adoption
(Staff Contact: Chris Adcock)
c. Fire and Rescue Volunteer Hazard Pay Bonus (Staff Contact: Kimberly Van Der
Hyde)
d. Volunteer Fire and Rescue Departments Audit Policy (Staff Contract: Kim Van Der
Hyde)
e. County Public Safety Ordinance Revisions (Chairman Ingram)
f. BZA Appointment Recommendation (Supervisor Dalton)
13. MATTERS FROM WORK SESSION (IF ANY)
14. BOARD MEMBER REPORTS
15. COUNTY ADMINISTRATOR REPORTS
16. ADJOURNMENT
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: January 18, 2022 Item Number: 7.a
Attachment(s):
12-21-2021 Work Session - DRAFT
12-21-2021 Business Meeting - DRAFT
01-04-2022 Reorganizational Meeting - DRAFT
Reviewed By:
SUMMARY:
For the Board’s review and consideration, attached are the following Board Meeting Minutes:
(1) 12/21/2021 Work Session;
(2) 12/21/2021 Business Meeting; and
(3) 01/04/2022 Reorganization Meeting.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board adopt the Board Meeting Minutes as attached and
presented.
MOTION:
“I make a Motion to adopt the Board Meeting Minutes as attached and presented.”
7.a
Packet Pg. 4
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
Work Session
December 21, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Work Session
was held on December 21, 2021, in the Elections and Training Center, 18 Depot Street,
Chatham, Virginia 24531.
CALL TO ORDER (4:30 PM)
Warren called the Meeting to Order at 4:40 PM.
ROLL CALL
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 4:14 PM
Ronald S. Scearce Vice-Chairman - Westover District Present 4:02 PM
Joe B. Davis Supervisor - Dan River District Present 4:29 PM
Timothy W. Dudley Supervisor - Staunton River District Present 4:12 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 4:23 PM
William V. ("Vic") Ingram Supervisor - Tunstall District Present 4:16 PM
Charles H. Miller, Jr. Supervisor - Banister District Present 4:00 PM
AGENDA ITEMS TO BE ADDED
Motion to add the following Closed Session to the Agenda:
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: Reassessment Certification Extension
Purpose: Legal Review/Consultation Regarding the Same
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dudley
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
Motion to approve Agenda as amended.
7.a.a
Packet Pg. 5 Attachment: 12-21-2021 Work Session - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Work Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Miller
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
PRESENTATIONS
a. 2021 Annual Financial Report Presentation (Staff Contact: Kimberly G. Van Der
Hyde); (Presenter: Scott Wickham); (45 minutes)
Scott Wickham, Robinson, Farmer, Cox Associates, presented the annual Financial Report to the
Board. This report can also be found on the County’s website at www.pittsylvaniacountyva.gov.
b. Shula Drive/U.S. Hwy. 29 Intersection Options Presentation (J. Craddock (VDOT));
(15 minutes)
Jay Craddock, VDOT Assistant Resident Engineer, presented Shula Drive/U.S. Hwy. 29
intersection safety improvement options to the Board. Due to citizen concerns regarding crashes
at this intersection, VDOT conducted a study on this area. There were flashing lights installed a
few years ago, which has helped. Since the study, VDOT has put a pause on this to see the
direction the Board would like to go. The Board requested VDOT bring more information back
to the January Meeting.
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. Board's Reorganization Meeting Date Scheduling (Staff Contact: Kaylyn M.
McCluster)
Motion to hold the Reorganization Meeting on Tuesday, January 4, 2022, at 5:00 PM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
BUSINESS MEETING DISCUSSION ITEMS
a. Capital Improvements Plan ("CIP"); (Staff Contact: Kimberly G. Van Der Hyde)
The Capital Improvements Plan document was recently updated by all County Departments and
includes anticipated Capital Projects for the next five (5) years (2023- 2027). The CIP serves as
an important guide to adequately plan for large Capital Projects to be incorporated into future
County Budgets. County Staff desires the Board adopt the CIP for planning purposes.
Motion to adopt the CIP as presented for planning purposes.
7.a.a
Packet Pg. 6 Attachment: 12-21-2021 Work Session - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Work Session
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
b. Transient Occupancy Tax Revenue Allocation (Staff Contact: David M. Smitherman)
The Board has been introduced to several organizations in the community who would like to
utilize the additional two percent (2%) tax revenue from the County’s recently adopted Transient
Occupancy Tax to assist the County with tourism efforts. These organizations include: the Olde
Dominion Agricultural Foundation, Danville Destination Marketing Opportunities Organization,
and the Pittsylvania County Historical Society.
Motion that 60% of the 2% tax revenue will be designated towards the Olde Dominion
Agricultural Foundation, with the remainder being split between the Danville Destination
Marketing Opportunities Organization and the Historical Society through the Library at 20%
each.
RESULT: APPROVED [UNANIMOUS]
MOVER: Farmer
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
c. Cool Branch CIP Funding Allocation (Staff Contact: Kimberly G. Van Der Hyde)
Previously, the Board allocated $230,000 of Capital funds to the Cool Branch Fire and Rescue
Agencies (“Cool Branch”), contingent upon an equal match of private contributions. Cool
Branch submitted a notarized verification memorandum indicating that a total of $230,000 was
raised and requests that the County match be disbursed. Provided to the Board was the Vehicle
CIP Funds Memorandum of Agreement (“MOA”) that must be signed by Cool Branch to receive
funds budgeted in the County's Capital Account. County Staff requested the Board approve the
release of funds to Cool Branch upon receipt of an executed MOA.
Motion to approve, contingent on receiving the document, that those funds be released to Cool
Branch.
RESULT: APPROVED [UNANIMOUS]
MOVER: Farmer
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
d. Minimum Wage Pay Scale Adjustment (Staff Contact: Kimberly G. Van Der Hyde)
On January 1, 2022, the minimum wage law change commences, changing the minimum wage
from $9.50 to $11.00 per hour, a $1.50 per hour increase. The County’s Finance Department has
7.a.a
Packet Pg. 7 Attachment: 12-21-2021 Work Session - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Work Session
been working diligently to determine how to effectively apply this new change, without causing
a salary compression issue. The County’s Finance Department has determined that it would be
in the County’s best interest to increase everyone on the County’s Pay Plan, Grades 1 - 35, by
$1.50 per hour. For Full-time employees, this would equate to $3,120.00 annually. The total
impact to the General Fund would be approximately $294,000 and would cover both full-time
and part-time positions. The Water and Sewer Fund and the Solid Waste Fund will cover their
increases. The impact to these funds would be just under $81,000; approximately $11,500 for
the Water and Sewer Fund and $69,500 for Solid Waste.
Motion to select option # 3 and approve the increase in all salaries by $1.50 per hour for all part-
time employees and employees on Grade Levels 1-35 to meet the minimum wage requirement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
CLOSED SESSION
Motion to enter Closed Session.
The Board entered Closed Session at 5:49 PM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dudley
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
a. 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: Solar Siting Agreements and Reassessment Certification Extension
Purpose: Legal Review and Consultation/Advice Regarding the Same
RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 6:42 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”)
Meeting on December 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
7.a.a
Packet Pg. 8 Attachment: 12-21-2021 Work Session - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Work Session
Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the
Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed
Meeting. If any Board Member believes that there was a departure from the requirements of the
Act, he shall so state prior to the vote indicating the substance of the departure. The Statement
shall be recorded in the Board's Minutes.
Vote
Joe B. Davis Yes
Timothy W. Dudley Yes
Ben L. Farmer Yes
William V. (“Vic”) Ingram Yes
Charles H. Miller, Jr. Yes
Ronald S. Scearce Yes
Robert (“Bob”) W. Warren Yes
ADJOURNMENT
Warren adjourned the Meeting at 6:44 PM.
7.a.a
Packet Pg. 9 Attachment: 12-21-2021 Work Session - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
Business Meeting
December 21, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business
Meeting was held on December 21, 2021, in the Board Meeting Room, 39 Bank Street, SE,
Chatham, Virginia.
CALL TO ORDER (7:00 PM)
Chairman Warren called the Meeting to Order at 7:00 PM.
ROLL CALL
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:38 PM
Ronald S. Scearce Vice-Chairman - Westover District Present 6:37 PM
Joe B. Davis Supervisor - Dan River District Present 6:39 PM
Timothy W. Dudley Supervisor - Staunton River District Present 6:40 PM
Ben L. Farmer Supervisor - Callands-Gretna District Present 6:36 PM
William V. ("Vic") Ingram Supervisor - Tunstall District Present 6:37 PM
Charles H. Miller, Jr. Supervisor - Banister District Present 6:40 PM
AGENDA ITEMS TO BE ADDED
Motion to add the following items to the Agenda:
- Add Reassessment Update and Reassessment Extension Approval as item
8(b) under Presentations
- Add Fire and Rescue ARPA Usage Guidelines Adoption as item 12(a) under
New Business
- Add Law Enforcement Market Rate Salary Adjustments as item 12(b) under
New Business
- Add Financial Items from Work Session as item 7(q)
Also, move item 17 and 18 after item 14 on the Agenda, to make it as follows:
-15, Board Member Reports
-16, County Administrator Reports
-17, Closed Session
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scearce
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
Motion to approve Agenda as amended.
7.a.b
Packet Pg. 10 Attachment: 12-21-2021 Business Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
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December 21, 2021
Business Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
CONSENT AGENDA
Motion to approve the Consent Agenda.
RESULT: ADOPTED [5 TO 2]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Miller
NAYS: Farmer, Ingram
a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. November Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde)
c. Internal Auditor Salary Adjustment Approval (Staff Contact: Kimberly G. Van Der Hyde)
d. BZA Appointment Recommendation (Staff Contact: Kaylyn M. McCluster)
e. FRC Appointments (3); (Staff Contact: Christopher C. Slemp)
f. Appointment: DPCS (Staunton River District); (Contact: Supervisor Dudley)
g. Town of Chatham Water Agreement Extension Approval (Staff Contact: Chris Adcock)
h. WPPDC CEDS Prioritized List Submission/Endorsement Approval (Staff Contact:
Matthew D. Rowe)
i. Resolution # 2021-12-01 (Danville Enterprise Zone 57B Amendment) Adoption (Staff
Contact: Matthew D. Rowe)
j. Resolution # 2021-12-02 (Morris Stowe Recognition; Planning Commission) Approval
(Supervisor Ingram)
k. Brownfields Grant Consultant Award (Staff Contact: Richard N. Hicks)
l. Resolution # 2021-12-03 (Chairman Warren Recognition) Approval (Staff Contact: Kaylyn
M. McCluster)
m. Resolution # 2021-12-04 (Vice-Chairman Scearce Recognition) Approval (Staff Contact:
Kaylyn M. McCluster)
n. Resolution # 2021-12-05 (Supervisor Farmer Recognition) Approval (Staff Contact:
Kaylyn M. McCluster)
o. Resolution # 2021-12-06 (Supervisor Davis Recognition) Approval (Staff Contact: Kaylyn
M. McCluster
7.a.b
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Board of Supervisors
December 21, 2021
Business Meeting
p. Resolution # 2021-12-07 (Supervisor Miller Recognition) Approval (Staff Contact: Kaylyn
M. McCluster)
q. Financial Items from Work Session
ITEMS REMOVED FROM CONSENT AGENDA
None.
PRESENTATIONS
a. Reassessment Update and Reassessment Extension Approval
Arnold stated County Staff requested an extension for the Reassessment Project.
Motion to approve the reassessment certification extension and to authorize County Staff to
engage the Virginia Department of Taxation to serve in an advisory capacity to ensure quality in
the County's reassessment process.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ingram
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
b. Resolution Presentations (Contact: Board of Supervisors)
Ingram presented Resolution # 2021-12-02 to Morris Stowe, recognizing his service on the
Planning Commission.
HEARING OF THE CITIZENS
Alan Casper, Banister District, stated he was hesitant to speak because he feels that what he says
will fall on deaf ears. He stated there were Fire and Rescue appointments made under the
Consent Agenda without consultation of the Fire and Rescue Commission. He feels this is one
of the most vindictive actions that he has seen in the years that he has served and attended the
meetings.
Joe Kinsley, Tunstall District, stated that no one in the County likes the tax assessment and has
spoken with tons of people who blame the Board. He feels that land equalization is communism.
He feels the Board should not accept this reassessment because of the values being so high.
Roger Wilson, Tunstall District, wanted to speak on some of the recent Ordinance changes
regarding Solar in the County. He thanked Ingram for his willingness to listen to his concerns,
he thanked Ragsdale for her assistance as well, and thanked the Board of Supervisors for the
work they have done to work with both citizens and the solar companies.
Jeff Love, Callands-Gretna District, spoke on the Transient Occupancy Tax. He stated the 4%
7.a.b
Packet Pg. 12 Attachment: 12-21-2021 Business Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Business Meeting
Transient Occupancy Tax will cause their guests to pay a 9.3% tax, and he believes this will turn
visitors to other locations. He requested that the Board not allow campsites at places that are not
zoned as campgrounds.
Steve Worley, Staunton River District, spoke on the reassessment. He spoke on inflation of gas
prices, eating out, and he stated when taxes go up, that is just the start; insurance prices will go
up. He is looking to retire within the next six months but is unsure he will be able to do that to
be able to pay for his higher taxes, insurance, and gas prices.
John Anderson, Staunton River District, understands social security is about a 6% increase, but
that is pretty much wiped out due to inflation in other things. His assessment went up $100,800
with no improvements.
Robin Goard, Staunton River District, stated her office has received many phone calls from
citizens regarding the reassessment. She stated she is an elected official, and she works for the
citizens of the County. She is also a homeowner, so she also feels the pain from the
reassessment. She stated something needs to be done, and she believes the Board is aware of
that. She has spoken to the citizens to let them know that she will continue to work for them to
see that something is done about this situation.
PUBLIC HEARINGS
Rezoning Public Hearings
Case 1: Public Hearing: Case R-21-028 Gary and Jeanette Short; Rezoning from R-1,
Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1,
Agricultural District (Supervisor Dudley)
Warren opened the Public Hearing at 7:50 PM. Gary and Jeanette Short were present to
represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:52
PM.
Motion to approve the rezoning 34.91 acres, from R-1, Residential Suburban Subdivision
District, and A-1, Agricultural District, to A-1, Agricultural District, to allow property lines to be
adjusted. The rezoning would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Miller
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 2: Public Hearing: Case R-21-030; Trustees of Macedonia Baptist Church; Rezoning
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District
(Supervisor Farmer)
7.a.b
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Board of Supervisors
December 21, 2021
Business Meeting
Warren opened the Public Hearing at 7:53 PM. Kermit King was present to represent the
Petition. He stated they are requesting this rezoning for a new cemetery. He stated the land has
been surveyed and they have a layout for the cemetery as well. John Fuller signed up to speak
and stated his opposition to the rezoning. He has lived right across where the church wants to
put the cemetery, and he stated he doesn't want to wake up every day and look at the cemetery.
He stated there is land on both sides of the church, but they chose the land right across from his
house. Warren closed the Public Hearing at 7:57 PM.
Motion to approve the rezoning of 2.696 acres, from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District, to allow for a cemetery to be placed on the property. The
rezoning would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [6 TO 1]
MOVER: Farmer
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram
NAYS: Miller
Case 3: Public Hearing: Case R-21-031; George Shelton; Rezoning from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District (Supervisor Miller)
Warren opened the Public Hearing at 7:58 PM. Shelton was present to represent the Petition.
No one signed up to speak and Warren closed the Public Hearing at 7:59 PM.
Motion to approve the rezoning of 34.91 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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Miller
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 4: Public Hearing: Case R-21-032; Richard and Rhonda Hash; Rezoning from R-1,
Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision
District, to A-1, Agricultural District (Supervisor Ingram)
Warren opened the Public Hearing at 8:00 PM. The Hashes were present to represent the
Petition. No one signed up to speak and Warren closed the Public Hearing at 8:01 PM.
Motion to approve the rezoning 14.12 acres, from R-1, Residential Suburban Subdivision
District, and 5.17 acres from RC-1, Residential Combined 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.
7.a.b
Packet Pg. 14 Attachment: 12-21-2021 Business Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Ingram
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Other Public Hearings
1. Public Hearing: Revisions to PCC §§ 35-61 and 35-74 (Staff Contact: Emily S.
Ragsdale)
George Nedriga (“Petitioner”) has petitioned to amend Pittsylvania County Code (“PCC”),
Chapter 35, Division 2, Lot Regulations; PCC § 35-61, Lots, Determination of Lot Front, and
PCC § 35-74. Accessory and Temporary Buildings. On November 4, 2021, the Planning
Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be
granted.
Warren opened the Public Hearing at 8:02 PM. No one signed up to speak and Warren closed
the Public Hearing at 8:03 PM. Farmer asked if this could affect anyone who may be out of
compliance with this. Ragsdale said that it would be considered legal nonconforming.
Motion to approve the revision to PCC §§ 35-61 and 35-74 as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
2. Public Hearing: Redistricting Plan Selection (Staff Contact: Dave F. Arnold)
As required by Virginia Code § 24.2-304.1, the County is currently in the redistricting process.
This process must take place every ten (10) years based on the United States Census, and the
goal is for every Magisterial District to have roughly equal population. Virginia Code § 24.2-
129 requires the County allow Public Comment on the potential Redistricting Plans. Said Public
Comment was held at the Board’s November 16, 2021, Business Meeting, where only one (1)
citizen signed up to speak. At the Board’s December 1, 2021, Called Meeting, Plan “A” was
selected by the Board for advertisement for potential adoption at tonight’s Business Meeting.
Warren opened the Public Hearing at 8:05 PM. Willie Fitzgerald signed up to speak and stated
he does not support this Plan. Dorothy Neals signed up to speak and stated she was representing
the Danville Civic League and she had a resolution in support of Plan "A" (below). Anita
Royston is a resident of the Banister District and presented and read a letter (below). Warren
closed the Public Hearing at 8:15 PM
7.a.b
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Board of Supervisors
December 21, 2021
Business Meeting
7.a.b
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Board of Supervisors
December 21, 2021
Business Meeting
7.a.b
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Board of Supervisors
December 21, 2021
Business Meeting
Motion to accept Redistricting Plan “A.”
RESULT: APPROVED [UNANIMOUS]
MOVER: Miller
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
3. Public Hearing: Solar Siting Agreements and Potential Execution (Staff Contact:
Emily S. Ragsdale)
In 2021, the General Assembly passed legislation giving localities additional measures to further
regulate the development of utility scale solar energy facilities. This legislation requires that any
solar project or an energy storage project applicant give the host locality written notice of the
applicant's intent to locate in the locality and request a meeting to discuss a related siting
agreement. Once a siting agreement has been negotiated with the County, a Public Hearing must
be held before it can be executed. This Public Hearing has been duly and legally
advertised/noticed.
Warren opened the Public Hearing at 8:16 PM. Cindy Reynolds and Sherry Queener signed up
to speak together and stated they are involved with the Hillandale project and are landowners in
the project. They feel this is a great thing for the County, it is green energy, and she feels this
will help with the taxes and clean energy. Warren closed the Public Hearing at 8:19 PM.
Motion to approve the execution of the siting agreements for the Recurrent, Sun Tribe, and Strata
solar projects.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Miller
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
UNFINISHED BUSINESS
None.
NEW BUSINESS
a. Fire and Rescue ARPA Usage Guidelines Adoption
Motion to approve the Fire and Rescue ARPA Usage Guidelines as presented.
7.a.b
Packet Pg. 18 Attachment: 12-21-2021 Business Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
b. Law Enforcement Market Rate Salary Adjustments
Motion to give all sworn law enforcement officers in grades 101-106 a 10% increase to their
current salary, effective January 1, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
BOARD MEMBER REPORTS
• Dudley thanked all law enforcement officers and thanked all in attendance for showing up at the
meeting tonight. He encouraged everyone to spend time with their family over the Holiday.
• Ingram stated that tonight we are saying goodnight to a few Board Members, and he recognized
Farmer for his service and his friendship. He also welcomed the new Board Members and
wished everyone a very Merry Christmas.
• Davis stated he had the opportunity to be himself because he is not a politician, rather an
entertainer in the political realm. He stated for six (6) years he has enjoyed working for the
citizens of this County. He gave words of advice to the new Board Members taking office in
January. The shoes of this position are very big and there will be decisions that will be tough,
and this position is not for the faint of heart. He highlighted things that were accomplished
during his tenure on the Board; making an asset out of the Landfill, breaking down barriers
between the County and the City of Danville, new investments in the County, and more jobs
were brought to the County.
• Farmer thanked the citizens of his District. He stated he is honored to be able to leave this post
and head back into his community with his head held high. Several items stood out to him
during his time on the Board, and he thanked the Board for their support of the merger of Gretna
Fire and Rescue. Next was the Cool Branch saga with Franklin County, and it took a lot of effort
and thought from himself and the Board. He stated they had to continue to fight for the
apparatus funding that was approved tonight. He also recognized the increased funding that the
Board has supported in his four (4) years to the school system. He thanked Sheriff Taylor for his
guidance and friendship during his time on the Board. There were also two (2) solid waste
convenience centers built within his District, and he thanked the Board for believing in the
Northern end of the County and giving them the same amenities as the South. Farmer thanked
his family for their support during his time on the Board. He also recognized the entire Blair
7.a.b
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Board of Supervisors
December 21, 2021
Business Meeting
family and Elton Blackstock for being his mentor in 2018. He congratulated Darrell Dalton for
winning the election and extended his hand to Darrell if he should ever need anything. He
wished everyone a safe and Merry Christmas.
• Miller stated that he suspects that there are those in the audience who are expecting him to be
very negative in his comments, but that will not be the case because it is not his style. He stated
when he was given the opportunity to run for this position, that he was not a politician, but a
Christian who serves in public office. He stated the unprecedented success of upwards to $1
Billion of investment in the County, and between 4,000 and 5,000 people being employed, and
he is very proud to be a part of that. He praised the County Administrator, County Attorney,
Assistant County Administrators, Finance Director, Administrative Staff, and the IT Department
for their hard work. He also stated the men who sit on the Board are the best and most
productive Board of Supervisors that has ever been in Pittsylvania County. Miller also stated he
has served under two Chairman on this Board and stated he appreciates both of them and the
good work they have done.
• Scearce thanked all the citizens who spoke regarding the reassessment and he hopes the
Department of Taxation will be able to help correct the issues we are having with this. He also
thanked the members leaving the Board, and stated the County is better off today than it was four
(4) years ago; due to the ability of the Board to work together. He feels we have the best
leadership in the County.
• Warren stated that for his six (6) years of service on the Board, he has learned from each Board
Member that he has served with. He highlighted some accomplishments of this Board as he
recognized the four (4) parks that have been established, and Wayside Park in the Northern end
of the County. He commended the Board for working together and not singling out specific
Districts. He also stated the Ringgold Walking Trail was restored and the Community Center
was acquired for $10. The Fire and Rescue Commission was formed, and a set matrix was
developed by the Commission to make it fair for everyone who was participating. There have
been increased contributions to Public Safety and Fire and Rescue by 75%, which has increased
responses to 14%. The joint effort between the Board and the School Board to bring Broadband
throughout the County is a quality-of-life enhancement for the County, as well as being a big
opener for Economic Development. He stated he is grateful for the Board and the friendships
that he has made.
COUNTY ADMINISTRATOR REPORTS
• Smitherman stated it has been a pleasure working with this Board for the last two (2) years and is
looking forward to working with the new Board. The Pet Center is performing very high with
transfers. There were seventy (70) cats transferred out today and the Pet Center is performing
the highest they have performed to date. He stated there is an employee in intensive care in
Danville with COVID and asked for thoughts and prayers for them. County Staff are not happy
with this reassessment either, and apologized for the poor customer service citizens received
during the appeals process. He wished everyone a happy holiday and Merry Christmas.
7.a.b
Packet Pg. 20 Attachment: 12-21-2021 Business Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Business Meeting
• Hunt stated he was very proud of this Board and the progress that they have made. He will miss
the three (3) departing members and considered them friends. He wished everyone a Merry
Christmas and is looking forward to 2022.
CLOSED SESSION
Motion to enter Closed Session.
RESULT: ADOPTED [6 TO 0]
MOVER: Dudley
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller
ABSTAIN: Ingram
The Board entered Closed Session at 9:40 PM.
a. Discussion, consideration, or interviews of prospective candidates for employment;
assignment, appointment, promotion, performance, demotion, salaries, disciplining, or
resignation of specific public officers, appointees, or employees of any public body.
(Supervisor Davis)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: County Administrator and County Attorney
Purpose: Review/Discussion of County Administrator and County
Attorney’s Annual Performance Evaluations/Employment
Agreements
RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 10:06 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that the Pittsylvania County Board of Supervisors’ (“Board”)
Meeting on December 21, 2021, that the Board hereby certifies by a recorded vote that to the
best of each Board Member’s knowledge only public business matters lawfully exempted from
the Open Meeting requirements of the Virginia Freedom of Information Act (“Act”) and
identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in
the Closed Meeting. If any Board Member believes that there was a departure from the
requirements of the Act, he shall so state prior to the vote indicating the substance of the
departure. The Statement shall be recorded in the Board's Minutes.
Vote
Joe B. Davis Yes
7.a.b
Packet Pg. 21 Attachment: 12-21-2021 Business Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
December 21, 2021
Business Meeting
Timothy W. Dudley Yes
Ben L. Farmer Yes
William V. (“Vic”) Ingram No
Charles H. Miller, Jr. Yes
Ronald S. Scearce Yes
Robert (“Bob”) W. Warren Yes
Motion to amend the Agenda to take action on the two items, Resolution # 2021-12-08 and
Resolution # 2021-12-09, as discussed in Closed Session.
RESULT: APPROVED [6 TO 0]
MOVER: Davis
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller
ABSTAIN: Ingram
c. Resolution # 2021-12-09
Motion to approve Resolution # 2021-12-09.
RESULT: APPROVED [6 TO 0]
MOVER: Davis
SECONDER: Miller
AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller
ABSTAIN: Ingram
d. Resolution # 2021-12-08
Motion to approve Resolution # 2021-12-08.
RESULT: APPROVED [5 TO 1]
MOVER: Davis
SECONDER: Miller
AYES: Warren, Scearce, Davis, Dudley, Miller
NAYS: Ingram
ABSTAIN: Farmer
ADJOURNMENT
Warren adjourned the Meeting at 10:13 PM.
7.a.b
Packet Pg. 22 Attachment: 12-21-2021 Business Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
REORGANIZATIONAL MEETING
Tuesday, January 4, 2022; 5:00 PM
Main Conference Room (County Administration Building)
1 Center Street
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER
Smitherman called the Meeting to Order at 5:00 PM.
2. ROLL CALL
Smitherman conducted Roll Call. All Board Members present.
3. ANY ADDITIONS/REVISIONS TO AGENDA
On Motion by Ingram, second by Dalton, the following was passed by a 4-3 vote, with Dudley,
Scearce, and Warren voting “no,” to add to the Agenda:
- Resolution # 2022-01-01
- Resolution # 2022-01-02
- Request for Public Hearing for Fire and Rescue Commission
4. APPROVAL OF AGENDA
On Motion by Ingram, second by Chesher, the amended Agenda was approved by a 4-3 vote, with
Dudley, Scearce, and Warren voting “no.”
5. CHAIRMAN NOMINATION AND ELECTION
a. Nomination and Chairman Election
Smitherman opened floor for Board Chairman nominations. On Motion by Dalton, second by
Chesher, Ingram nominated as Board Chairman. On Motion by Warren, second by Dudley,
Barksdale nominated as Board Chairman. Scearce made comments regarding his concerns with
Ingram being nominated as Chairman. Ingram elected Board Chairman in a 4-3 vote, with Dudley,
Scearce, and Warren voting “no.”
6. VICE-CHAIRMAN NOMINATION AND ELECTION
a. Nomination and Vice-Chairman Election
Smitherman turned Meeting over to Ingram. Ingram opened Nominations for Vice-Chairman. On
Motion from Dalton, second by Chesher, Barksdale nominated for Board Vice-Chairman. Warren
motioned for Dudley to be nominated as Board Vice-Chairman. Warren’s Motion died for a lack
of second. Barksdale elected Board Vice-Chairman on a 4-3 vote, with Dudley, Scearce, and
Warren voting “no.”
7.a.c
Packet Pg. 23 Attachment: 01-04-2022 Reorganizational Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
7. BOARD BYLAWS ADOPTION
On Motion by Dalton, second by Chesher, BOS Bylaws unanimously approved.
8. 2022 MEETING SCHEDULE ADOPTION
On Motion by Dudley, second by Dalton, 2022 BOS Meeting Schedule unanimously approved as
presented.
9. CHAIRMAN APPOINTMENTS (STANDING COMMITTEES)
Ingram made the following appointments:
a. Finance/Insurance Committee (4 Board Members)
i. D. Dalton (Chairman)
ii. J. Barksdale
iii. T. Chesher
iv. W. Ingram
b. Personnel Committee (3 Board Members)
i. J. Barksdale (Chairman)
ii. D. Dalton
iii. W. Ingram
c. Property/Building Committee (3 Board Members)
i. D. Dalton (Chairman)
ii. J. Barksdale
iii. T. Chesher
d. Legislative Committee (3 Board Members)
i. J. Barksdale (Chairman)
ii. W. Ingram
iii. T. Chesher
10. SPECIAL COMMITTEES
a. Computer/Radio/Telecommunications Committee (3 Board
Members)
i. T. Chesher (Chairman)
ii. R. Warren
iii. T. Dudley
b. Board of Supervisors/School Board Liaison Committee (3 Board
Members)
7.a.c
Packet Pg. 24 Attachment: 01-04-2022 Reorganizational Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
i. R. Warren (Chairman)
ii. R. Scearce
iii. T. Dudley
c. Economic Development Committee (3 Board Members)
i. W. Ingram (Chairman)
ii. J. Barksdale
iii. D. Dalton
d. Solid Waste Committee (3 Board Members)
i. D. Dalton (Chairman)
ii. J. Barksdale
iii. W. Ingram
e. Naming Committee (3 Board Members)
i. W. Ingram (Chairman)
ii. J. Barksdale
iii. D. Dalton
11. OTHER CHAIRMAN APPOINTMENTS
a. Dan River Business Development Center (2 Board Members)
i. J. Barksdale
ii. W. Ingram
b. Danville-Pittsylvania County Regional Industrial Facility Authority (2
Board Members, plus 1 alternate)
i. W. Ingram
ii. J. Barksdale
iii. D. Dalton - Alternate
c. Fire and Rescue Commission (Appoint 1 Board Member)
i. W. Ingram
d. Local Elected Officials (Appoint 1 Board Member)
i. W. Ingram
e. Metropolitan Planning Organization (MPO) (Appoint 2 Board Members
(from either the Tunstall, Chatham-Blairs, Dan River, Westover, or
Banister District) and 1 Board Member as an Alternate)
i. J. Barksdale
ii. W. Ingram
iii. D. Dalton - Alternate
7.a.c
Packet Pg. 25 Attachment: 01-04-2022 Reorganizational Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
f. Pittsylvania County Community Action Board (1 Board Member)
i. J. Barksdale
g. Pittsylvania County Planning Commission (1 Board Member)
i. D. Dalton
h. Roanoke River Basin Association (1 Board Member)
i. T. Chesher
i. SARA Title III (2 Members)
i. T. Chesher
ii. County Administrator
j. Pittsylvania County Social Services Board (1 Board Member)
i. J. Barksdale
k. Virginia Association of Counties (1 Board Member)
i. W. Ingram
l. West Piedmont Planning District Commission (2 Board Members)
i. W. Ingram
ii. J. Barksdale
m. Community Policy and Management Team (1 Board Member)
i. W. Ingram
n. Staunton River Regional Industrial Facility Authority (2 Board Members and 1
Alternate)
i. D. Dalton
ii. J. Barksdale
iii. T. Dudley
o. Tri-County Lakes Administrative Commission (County Administrator and 1 Board
Member)
i. D. Dalton
7.a.c
Packet Pg. 26 Attachment: 01-04-2022 Reorganizational Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
p. Danville Utilities Commission (non-voting member); (1 Board Member)
i. W. Ingram
12. NEW BUSINESS
a. Resolution # 2022-01-01
Dalton read Resolution # 2022-01-01 (below)
7.a.c
Packet Pg. 27 Attachment: 01-04-2022 Reorganizational Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Motion by Dalton, second by Chesher, under Section 2 of Paragraph B of the
employee’s employment contract that his employment with Pittsylvania County be
terminated immediately, and further move to revert to the original employment contract
dated January 1, 2020, and to honor the severance provisions as listed and to remove
the one-time bonus of $9,437.30 from consideration. If this bonus has been paid it shall
be deducted from the lump sum cash payout.
Scearce and Warren both stated their opposition with Resolution # 2022-01-01.
Dalton’s Motion was approved by a 4-3 vote, with Dudley, Scearce, and Warren voting
“no.”
b. Resolution # 2022-01-02
Chesher read Resolution # 2022-01-02 (below)
7.a.c
Packet Pg. 28 Attachment: 01-04-2022 Reorganizational Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Motion by Chesher, second by Dalton, to approve Resolution # 2022-01-02 as
presented.
Chesher’s Motion was approved by a 4-3 vote, with Dudley, Scearce, and Warren
voting “no.”
c. Fire and Rescue
Motion by Chesher, second by Dalton, to postpone the January 2022 Fire and Rescue
Commission Meeting and advertise a proposed Ordinance change to the Pittsylvania
County Public Safety Ordinance, Chapter 11-2. The proposed changes are:
1. To restructure the membership allowing each supervisor to appoint one person
from their magisterial district who has experience in Fire and Rescue
2. One appointment of a business leader from each of the four (4) quadrants as
selected by the respected Fire and Rescue Departments
3. No member shall be a part-time or full-time employee of Pittsylvania County
Chesher’s Motion was approved by a 4-3 vote, with Dudley, Scearce, and Warren voting
“no.”
13. ADJOURNMENT
Ingram adjourned the Meeting at 5:29 PM.
7.a.c
Packet Pg. 29 Attachment: 01-04-2022 Reorganizational Meeting - DRAFT (2984 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: December Bill List Approval (online); (Staff Contact: Kimberly G. Van
Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: January 18, 2022 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 December Bill List is
found at the below link:
https://weblink.pittgov.net/WebLink/Browse.aspx?id=435076&dbid=0&repo=PittGovDocs
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the County’s 2021 December Bill List as
presented.
MOTION:
“I make a Motion to approve the County’s 2021 December Bill List as presented.”
7.b
Packet Pg. 30
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Minimum Wage Adjustment-Grades 107-108 Approval Ratification (Staff
Contact: Kimberly Van Der Hyde)
Staff Contact(s): Kim Van Der Hyde
Agenda Date: January 18, 2022 Item Number: 7.c
Attachment(s):
Reviewed By:
SUMMARY:
At the December 21, 2021, Board Business Meeting, approval was granted to increase all
permanent part-time and full-time employees’ salaries by $1.50 per hour for those employees on
the County’s pay scale, Grades 1-35. The Board also approved to increase sworn deputies’ pay
by ten percent (10%) for those on the Sheriff’s pay scale, Grades 101-106. There were six (6)
Sheriff’s employees who were inadvertently not included in the increases granted. These
employees are on the Sheriff’s pay scale, Grade 107-108. The Sheriff desires for these
individuals to receive the minimum wage increase of $1.50 per hour to avoid a compression
issue. The Board was polled on this matter and agreed to this request.
FINANCIAL IMPACT AND FUNDING SOURCE:
The funds for this increase will come from lapse salaries and/or the COLA/Merit Salary
Increases line item.
RECOMMENDATION:
County Staff recommends the Board ratify its decision to increase the pay of the six (6)
employees on the Sheriff’s pay scale, Grades 107-108, by $1.50 per hour that were not included
in the original salary increase.
MOTION:
“I make a Motion to approve the increase of six (6) employees located on the Sheriff’s pay scale,
Grades 107-108, to receive that minimum wage increase of $1.50 per hour effective January 1,
2022.”
7.c
Packet Pg. 31
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Courthouse Maintenance Appropriation (Staff Contact: Kimberly Van
Der Hyde)
Staff Contact(s): Kim Van Der Hyde
Agenda Date: January 18, 2022 Item Number: 7.d
Attachment(s):
Reviewed By:
SUMMARY:
During the County’s Budget process, the Board includes an appropriation for Courthouse
Maintenance expenses for the year. For FY22, this amount totaled $25,000. Sometimes this
Budget is not sufficient to cover the maintenance costs and more funds must be appropriated to
cover these charges. Several major repairs have been made to the Courthouse this year totaling
$45,580.00.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funding for the Courthouse Maintenance Fund comes from funds received from court fees. The
Courthouse Maintenance Fund currently stands at $90,918.29.
RECOMMENDATION:
County Finance Department Staff recommends the Board approve an appropriation of $25,000 to
the Courthouse Maintenance Fund from the Courthouse Maintenance Fund balance.
MOTION:
“I make a Motion to approve an appropriation of $25,000 from the Courthouse Maintenance
Fund to the Courthouse Repairs and Maintenance line item (312-4-043200-3310).”
7.d
Packet Pg. 32
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Mid-Year Budget Appropriations (Staff Contact: Kimberly Van Der
Hyde)
Staff Contact(s): Kim Van Der Hyde
Agenda Date: January 18, 2022 Item Number: 7.e
Attachment(s):
Reviewed By:
SUMMARY:
The County Budget is reviewed at the mid-year point to appropriate funds that have not been
previously appropriated. The funds being appropriated consist of donations made to the County,
refunds for overpayments, as well as the sale of surplus property. This year, the following
amounts need to be appropriated to the line items specified.
Project Lifesaver (100-3-000000-189903) $ 300.00 100-4-031200-5882
Donations-Sheriff Halloween (100-3-000000-189913) $ 225.00 100-4-031200-5878
Donations-DARE Program (100-3-000000-189915) $ 4,000.00 100-4-031200-6002
Water/Sewer Fund Exp Refunds (501-3-000000-180301) $ 1,279.61 501-4-043221-5113
Solid Waste Fund Sale of Surplus (520-3-000000-150215) $14,757.00 520-4-094110-8123
TOTAL $20,561.61
FINANCIAL IMPACT AND FUNDING SOURCE:
Since these funds came to the County from outside sources, there is no financial impact to the
County Budget.
RECOMMENDATION:
County Finance Department Staff recommends the Board approve and appropriate a total of
$20,561.61 as presented.
MOTION:
“I make a Motion to approve and appropriated a total of $20,561.61 as presented.”
7.e
Packet Pg. 33
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: SCC Properties Tax Refund Approval (3); (Honorable Robin Goard)
Staff Contact(s): The Honorable Robin Goard
Agenda Date: January 18, 2022 Item Number: 7.f
Attachment(s): SCC Properties Tax Refund
Reviewed By:
SUMMARY:
In 2021, three (3) cellular companies were assessed pursuant to Virginia Code Section 58.1-3917
based on the preceding year’s assessment received from Virginia’s State Corporation
Commission (“SCC”). After receiving the 2021 SCC report with the correct values, the
Honorable Robin Goard (“Goard”), County Commissioner of the Revenue, made a correction on
the assessment of the taxes related to the real estate. Goard is requesting the Board approve the
real estate tax refunds to the three (3) companies as presented in the attachments.
FINANCIAL IMPACT AND FUNDING SOURCE:
If approved, the total amount refunded will be $9,587.26.
RECOMMENDATION:
County Staff recommends the Board authorize Goard to issue the real estate refunds in the
amounts noted in the attachments.
MOTION:
“I make a Motion to authorize Goard to issue the real estate tax refunds as presented.”
7.f
Packet Pg. 34
1/6/22,3:06 PM 58.1-3981.Correction by commissioner or other official performing his duties
lif>;-U 2,
Code ofVireinia
ntle 58.1. '1'a. ation
Chapter 39. Linforeerrieru, (.'011ection. I'„ cdi. or 1_o al Taxes
58.1-3981. Correction by couiinissioncr or other official performing his duties.
A. Tithe commissioner of the revenue, or other official performing the duties imposed on coininissionels of the
revenue under this title. is satisfied that he has erroneously assessed such applicant with any such tax, he shall
correct such assessment. lithe assessment exceed`; theproper troll tint, he shall exonerate We applicant from the
payiitent of so much as is eastl aals,b: chab..!t2tilf iioi paid ir,.a :1,e ol the t, ?d cit 11 the assessitient.
has been pair)_ the ft),fcti i t")t=,i'. of skalk 4,0!, the
consent Ot the town, elt\ at (._?unti. atter-nit-if, or ., none, Me ;In, .?t.:5 ttti iominerp,veidth, that aieh assessment
was erroneous, direct the (reasrirei of the c(mrit . elk; ai town to ld:mid the excess tit the taxpayer_ with interest if
authorized pursuant to 58.1-3918 or in the oidin;ince authorized liv h 58.1-3916, or as otherwise authorized in that
section. However, the governing body, at the county, city or town inay authorize the treasurer to approve and issue
any refund up to S5,000 as a result at m erroneous ati;esst;tcia
13. lithe assessment is It's tltaii Ifit.' proper 2ti"i attntt. pplaCallt with the proper
amount. lf any assessment is erroneous be atae itl a i',iC't'Z' clotie'<il error Of ma. the ;tfl1 ' may be correet.etl as
herein provided and with or williont petition trt.iito the tatxpayer. ARM L•rOr Or ratftit tiiOlt Bras made in work
performed by others in connection with cot general assessments. such mistake may he corrected by the
commissioner al the revenue.
C. lithe commissioner of the revenue. ;lr other ittll(.!rl petperliontling limi (ltttte> imposed Oil eotl`inittisioners of the
revenue under this title`, rj sit1iSllc'd that any a. ,.„-a,c,.! i e i0ae'iltls of tl tarilt;i.l error tn5ide in work
performed by others In connection) txiih c ; :)t.lttr;tlll<,' tteuecal letreis:,,essmenis, lie ShAl correct such isles iItent as herein
provided and with or without ptninon rrom la't r „ .ver,
D. Ail error in the valuation of pat', i yrib eta fd.0 itiOo`itt: ei'. I.. 58.1-3237 for those :cars It
which Such tax is applicable i i t; be i ilt•ee''ai three years of the; r,,(.ssilie tar ;)i the rollback tax.
A cop} of ;my correction made uitc1C1 this s,;;tiCiil _h.,11 be vet by t},c i.'01".11111k- iosik:r or such other official to
the treasurer of his corn)[\. eitO, O1 'WWII.
F. lit any tetitn on applicliti it iiv at 2_iiia <<ti p. ,? 58.1-3980, retioestcd , 'Mc applicant, the commissionerrie"
or other such otlicial shall 'tat: in writing the i<',i %, „Il f li;',1 :;upptli Into tits (chili t)11 ;Micro tlhj'liCiit.ioii and mail is
copy of such writing to the applicant at his last k :,oa n address.
Code 1950 §. 58-1 1 1 r)56. c. 598; 1958. ;2. 585; 1900, e 547 1974, a. .i62'.; 1975, , '57: 197_ e. ; 1980.. e.
65 7; I952, c. 332; 1984, i. 675.. lint, c. I08. i(,e), . c 529: 1999, cc. 624, 631, 677: 2020, cc. 240, 644.
https://law.lis.virginia.gov/vacode/title58.1/chapter39/section58.1-3981/ 1/1
7.f.a
Packet Pg. 35 Attachment: SCC Properties Tax Refund (2980 : SCC Properties Tax Refund Approval (3); (Honorable Robin Goard))
t
000MMri,
itl OFFICE OF
ISSIONER OF THE REVENUE
kitdt — '4,j PITTSYLVANIA COUNTY
1 ''q'
P.O. BOX 272
CHATHAM,VIRGINIA 24531 434)432-7940
434)656-6211
Robin Coles-Goard FAX(434)432-7957
Commissioner robin.goard@pittgov.org
January 5, 2022
Mr. Dave Arnold
County Administrator
P.O.Box 426
Chatham,VA 24531-0426
RE: REFUND REQUEST FOR Cellco Partnership
Dear Mr. Arnold:
This letter is to advise you pursuant to Pittsylvania County Code Section 6-6.2 Refund of Local Taxes
Assessed and Paid in Error of a pending refund for the above referenced taxpayer that may have an
adverse effect on County finances. I am therefore requesting pursuant to this section,the Board's advice
and guidance in authorizing the refund be made by the local Treasurer.
In 2021,Cellco Partnership, was assessed pursuant to Virginia Code 58.1-3917 based on the preceding
year's assessment received from the State Corporation Commission. After receiving the 2021 SCC report
with the correct values,we made a correction on the assessment of the real estate.The assessment has
been dropped and an overpayment was made on this account.
I am enclosing a copy of the letter of refund requesting the Treasurer to refund Cellco Partnership,
4,206.91 for 2021 taxes paid in error. Please feel free to contact me if you have any questions.
Regards,
aa.-...y....., c. ,/34,20
Robin C. Goard
Commissioner of the Revenue
RCG/Ism
Enclosure
Pc: Honorable Vincent Shorter,Treasurer
Kim VanDerHyde, Finance Director
J. Vaden Hunt,County Attorney
7.f.a
Packet Pg. 36 Attachment: SCC Properties Tax Refund (2980 : SCC Properties Tax Refund Approval (3); (Honorable Robin Goard))
T.OFFICE OF
ri ' COMMISSIONER OF THE REVENUE
nh PITTSYLVANIA COUNTY
P.O.BOX 272
CHATHAM,VIRGINIA 24531 434)432-7940
434)656-6211
Robin Coles-Goard FAX(434)432-7957
Commissioner robin.goard@pittgov.org
January 5, 2022
Mr. Vincent Shorter, Treasurer
Pittsylvania County
Chatham, VA 24531
Dear Mr. Shorter:
The following taxpayer(s)property was incorrectly taxed for the taxable year(s) 2021. The
taxpayer states taxes have been paid and is requesting a refund under Sec. 58.1-3990 Code of
Virginia.
Account: #173707 Parcel I.D. SCC REAL PROPERTY
Name: Cellco Partnership
d/b/a Verizon Wireless
P 0 Box 2549
Addison, TX 75001
2021 Assessed Value: 678,534 Taxes: $4,206.91
Amount of Refund Requested: $4,206.91
Thank you for your attention in this matter.
Regards,
ad,c,-,„, C, \&,,,t0
Robin C. Goard
Commissioner of the Revenue
RCG/lsm
7.f.a
Packet Pg. 37 Attachment: SCC Properties Tax Refund (2980 : SCC Properties Tax Refund Approval (3); (Honorable Robin Goard))
oi ,
OFFICE OF
Rl ` lCOMMISSIONER OF THE REVENUE
1 4' d`Vi - / PITTSYLVANIA COUNTY
P.O.BOX 272
CHATHAM,VIRGINIA 24531 434)432-7940
434)656-6211
Robin Coles-Goard FAX(434)432-7957
Commissioner robin.goard@pittgov.org
January 6,2022
Mr. Dave Arnold
County Administrator
P.O. Box 426
Chatham, VA 24531-0426
RE: REFUND REQUEST FOR Sprintcom Inc
Dear Mr. Arnold:
This letter is to advise you pursuant to Pittsylvania County Code Section 6-6.2 Refund of Local Taxes
Assessed and Paid in Error of a pending refund for the above referenced taxpayer that may have an
adverse effect on County finances. I am therefore requesting pursuant to this section,the Board's advice
and guidance in authorizing the refund be made by the local Treasurer.
In 2021, Sprintcom Inc,was assessed pursuant to Virginia Code 58.1-3917 based on the preceding year's
assessment received from the State Corporation Commission. After receiving the 2021 SCC report with
the correct values,we made a correction on the assessment of the real estate. The assessment has been
dropped and an overpayment was made on this account.
I am enclosing a copy of the letter of refund requesting the Treasurer to refund Sprintcom Inc, $2,796.25
for 2021 taxes paid in error. Please feel free to contact me if you have any questions.
Regards,
611„,--,..„, ,. \AZ
Robin C. Goard
Commissioner of the Revenue
RCG/lsm
Enclosure
Pc: Honorable Vincent Shorter, Treasurer
Kim VanDerHyde,Finance Director
J. Vaden Hunt, County Attorney
7.f.a
Packet Pg. 38 Attachment: SCC Properties Tax Refund (2980 : SCC Properties Tax Refund Approval (3); (Honorable Robin Goard))
OFFICE OF
1/ COMMISSIONER OF THE REVENUE
04101.,ur 'I
PITTSYLVANIA COUNTY
1-' P.O.BOX 272
CHATHAM,VIRGINIA 24531 434)432-7940
434)656-6211
Robin Coles-Goard FAX(434)432-7957
Commissioner robin.goard@pittgov.org
January 6, 2022
Mr. Vincent Shorter, Treasurer
Pittsylvania County
Chatham, VA 24531
Dear Mr. Shorter:
The following taxpayer(s)property was incorrectly taxed for the taxable year(s) 2021. The
taxpayer states taxes have been paid and is requesting a refund under Sec. 58.1-3990 Code of
Virginia.
Account: #215113 Parcel I.D. SCC REAL PROPERTY
Name: Sprintcom Inc
Brandon Bays
P 0 Box 85022
Bellevue, WA 98015
2021 Assessed Value: 451,008 Taxes: $2,796.25
Amount of Refund Requested: $2,796.25
Thank you for your attention in this matter.
Regards,
Robin C. Goard
Commissioner of the Revenue
RCG/lsm
7.f.a
Packet Pg. 39 Attachment: SCC Properties Tax Refund (2980 : SCC Properties Tax Refund Approval (3); (Honorable Robin Goard))
7III)IL OFFICE OF
I
COMMISSIONER OF THE REVENUE
101, j PITTSYLVANIA COUNTY
P.O.BOX 272
CHATHAM,VIRGINIA 24531 434)432-7940
434)656-6211
Robin Coles-Goard FAX(434)432-7957
Commissioner robin.goard@pittgov.org
January 5, 2022
Mr. Dave Arnold
County Administrator
P.O.Box 426
Chatham,VA 24531-0426
RE: REFUND REQUEST FOR Central Telephone Company of Virginia
Dear Mr.Arnold:
This letter is to advise you pursuant to Pittsylvania County Code Section 6-6.2 Refund of Local Taxes
Assessed and Paid in Error of a pending refund for the above referenced taxpayer that may have an
adverse effect on County finances. I am therefore requesting pursuant to this section,the Board's advice
and guidance in authorizing the refund be made by the local Treasurer.
In 2021, Central Telephone Company of Virginia,was assessed pursuant to Virginia Code 58.1-3917
based on the preceding year's assessment received from the State Corporation Commission. After
receiving the 2021 SCC report with the correct values,we made a correction on the assessment of the real
estate.The assessment has been dropped and an overpayment was made on this account.
I am enclosing a copy of the letter of refund requesting the Treasurer to refund Central Telephone
Company of Virginia, $2,584.10 for 2021 taxes paid in error. Please feel free to contact me if you have
any questions.
Regards,
gat,-,„„_., 3, \AQ,LO
Robin C. Goard
Commissioner of the Revenue
RCG/lsm
Enclosure
Pc: Honorable Vincent Shorter, Treasurer
Kim VanDerHyde, Finance Director
J.Vaden Hunt, County Attorney
7.f.a
Packet Pg. 40 Attachment: SCC Properties Tax Refund (2980 : SCC Properties Tax Refund Approval (3); (Honorable Robin Goard))
r \ OFFICE OF
J ' COMMISSIONER OF THE REVENUE
lhiii - ,/ PITTSYLVANIA COUNTY
1 . ,,, P.O.BOX 272
CHATHAM,VIRGINIA 24531 434)432-7940
434)656-6211
Robin Coles-Goard FAX(434)432-7957
Commissioner robin.goard@pittgov.org
January 5, 2022
Mr. Vincent Shorter, Treasurer
Pittsylvania County
Chatham, VA 24531
Dear Mr. Shorter:
The following taxpayer(s)property was incorrectly taxed for the taxable year(s) 2021. The
taxpayer states taxes have been paid and is requesting a refund under Sec. 58.1-3990 Code of
Virginia.
Account: #173708 Parcel I.D. SCC REAL PROPERTY
Name: Central Telephone Company of Virginia
d/b/a Century Link
Peter J Eckel
1025 Eldorado Blvd
Broomfield, CO 80021
2021 Assessed Value: 416,791 Taxes: $2,584.10
Amount of Refund Requested: $2,584.10
Thank you for your attention in this matter.
Re ards,
6/e,(4 .,.. C. Vj4d,t,(0
Robin C. Goard
Commissioner of the Revenue
RCG/lsm
7.f.a
Packet Pg. 41 Attachment: SCC Properties Tax Refund (2980 : SCC Properties Tax Refund Approval (3); (Honorable Robin Goard))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Reappointment: Planning Commission (Dan River District); (Brian
Horne); (Supervisor Chesher)
Staff Contact(s): Supervisor Chesher
Agenda Date: January 18, 2022 Item Number: 7.g
Attachment(s):
Reviewed By:
SUMMARY:
Brian Horne (“Horne”) was the Dan River District Representative on the County’s Planning
Commission (“PC”) and his term expired on December 31, 2021. Supervisor Chesher desires to
reappoint Horne to the PC for another four (4)-year term, beginning on January 18, 2022, and
ending January 18, 2026.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board reappoint Horne to the PC for another four (4)-year term,
beginning on January 18, 2022, and ending January 18, 2026.
MOTION:
“I make a Motion to reappoint Horne to the PC for another four (4)-year term, beginning on
January 18, 2022, and ending January 18, 2026.”
7.g
Packet Pg. 42
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Reappointment: TLAC Citizen Representative (Emily S. Ragsdale);
(Supervisor Dalton)
Staff Contact(s): Supervisor Dalton
Agenda Date: January 18, 2022 Item Number: 7.h
Attachment(s):
Reviewed By:
SUMMARY:
Emily S. Ragsdale (“Ragsdale”) is the current Citizen Representative on the Tri-Lakes
Administrative Commission (“TLAC”), and her term is set to expire on January 31, 2022.
Supervisor Dalton desires to reappoint Ragsdale to TLAC for another one (1)-year term,
beginning February 1, 2022, and expiring January 31, 2023.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board follow Supervisor Dalton’s recommendation and reappoint
Ragsdale to TLAC for another one (1)-year term, beginning February 1, 2022, and expiring
January 31, 2023.
MOTION:
“I make a Motion to reappoint Ragsdale to TLAC for another one (1)-year term, beginning
February 1, 2022, and expiring January 31, 2023.”
7.h
Packet Pg. 43
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: 1% School's Sales Tax Presentation (Dr. Mark Jones, Pittsylvania County
Schools)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: January 18, 2022 Item Number: 8.a
Attachment(s):
Reviewed By:
Dr. Mark Jones, Pittsylvania County Schools’ Superintendent, will present to the Board
regarding the 1% School’s Sales Tax Referendum.
8.a
Packet Pg. 44
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett;
Rezoning from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Supervisor Dalton)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: January 18, 2022 Item Number: 10.A.1
Attachment(s): R-21-033 Yeatts-Bennett App
R-21-033 Yeatts-Bennett Map
Reviewed By:
SUMMARY:
In Case R-21-033, Kathy Yeatts and Garland Bennett (“Petitioners”) have petitioned to rezone
46.24 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District
(to allow for agricultural uses). The subject property is located on State Road 935/Farmers
Mountain Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN #
2521-12-9800. Once the property is rezoned to A-1, all uses listed under Pittsylvania County
Code § 35-178 are permitted. On December 7, 2021, the Planning Commission recommended,
by a 6-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s
review, the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-033 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-21-033, I make a Motion to approve the rezoning of 46.24 acres from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural
uses. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.1
Packet Pg. 45
10.A.1.a
Packet Pg. 46 Attachment: R-21-033 Yeatts-Bennett App (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
10.A.1.a
Packet Pg. 47 Attachment: R-21-033 Yeatts-Bennett App (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
10.A.1.a
Packet Pg. 48 Attachment: R-21-033 Yeatts-Bennett App (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
10.A.1.a
Packet Pg. 49 Attachment: R-21-033 Yeatts-Bennett App (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
10.A.1.a
Packet Pg. 50 Attachment: R-21-033 Yeatts-Bennett App (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
10.A.1.a
Packet Pg. 51 Attachment: R-21-033 Yeatts-Bennett App (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
10.A.1.a
Packet Pg. 52 Attachment: R-21-033 Yeatts-Bennett App (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
10.A.1.b
Packet Pg. 53 Attachment: R-21-033 Yeatts-Bennett Map (2963 : Public Hearing: Case R-21-033; Kathy Yeatts and Garland Bennett)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-034; Nathan and Kathy Yeatts; Rezoning
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (Supervisor Dalton)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: January 18, 2022 Item Number: 10.A.2
Attachment(s): R-21-034 Yeatts App
R-21-034 Yeatts Map
Reviewed By:
SUMMARY:
In Case R-21-034, Nathan and Kathy Yeatts (“Petitioners”) have petitioned to rezone 9.24 acres,
from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a
second dwelling on the property). The subject property is located on State Road 935/Farmers
Mountain Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN #
2521-12-0169. Once the property is rezoned to A-1, all uses listed under Pittsylvania County
Code § 35-178 are permitted. On December 7, 2021, the Planning Commission recommended,
by a 6-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s
review, the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-034 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-21-034, I make a Motion to approve the rezoning of 9.24 acres, from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District, to allow for a second dwelling on
the property. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.2
Packet Pg. 54
10.A.2.a
Packet Pg. 55 Attachment: R-21-034 Yeatts App (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
10.A.2.a
Packet Pg. 56 Attachment: R-21-034 Yeatts App (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
10.A.2.a
Packet Pg. 57 Attachment: R-21-034 Yeatts App (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
10.A.2.a
Packet Pg. 58 Attachment: R-21-034 Yeatts App (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
10.A.2.a
Packet Pg. 59 Attachment: R-21-034 Yeatts App (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
10.A.2.a
Packet Pg. 60 Attachment: R-21-034 Yeatts App (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
10.A.2.a
Packet Pg. 61 Attachment: R-21-034 Yeatts App (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
10.A.2.b
Packet Pg. 62 Attachment: R-21-034 Yeatts Map (2964 : Public Hearing: Case R-21-034; Nathan and Kathy Yeatts)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-035; Samuel Breedlove; Rezoning from A-1,
Agricultural District, to R-1, Residential Suburban Subdivision District
(Supervisor Ingram)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: January 18, 2022 Item Number: 10.A.3
Attachment(s):
R-21-035 Breedlove App
R-21-035 Breedlove Map
R-21-035 Breedlove Plat
Reviewed By:
SUMMARY:
In Case R-21-035, Samuel Breedlove (“Petitioner”) has petitioned to rezone 0.27 acres from A-1,
Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an
adjacent parcel zoned R-1). The subject property is located on State Road 624/Gammon Lake
Road, in the Tunstall Election District, and shown on the Tax Maps as part of GPIN # 1443-29-
5245. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-
222 are permitted. On December 7, 2021, the Planning Commission recommended, by a 6-0
vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the
County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-035 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-21-035, I make a Motion to approve the rezoning of 0.27 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.3
Packet Pg. 63
10.A.3.a
Packet Pg. 64 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 65 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 66 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 67 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 68 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 69 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 70 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 71 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.a
Packet Pg. 72 Attachment: R-21-035 Breedlove App (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.b
Packet Pg. 73 Attachment: R-21-035 Breedlove Map (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
10.A.3.c
Packet Pg. 74 Attachment: R-21-035 Breedlove Plat (2965 : Public Hearing: Case R-21-035; Samuel Breedlove)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-036; Damon Haskins and April Allen;
Rezoning from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Supervisor Dalton)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: January 18, 2022 Item Number: 10.A.4
Attachment(s):
R-21-036 Haskins-Allen App
R-21-036 Haskins-Allen Map
Case R-21-026 HaskinsAllen Plat
Reviewed By:
SUMMARY:
In Case R-21-036, Damon Haskins and April Allen (“Petitioners”) have petitioned to rezone
2.524 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District
(to allow for agricultural uses). The subject property is located on State Road 800/Burton Lake
Road, in the Callands-Gretna Election District and shown on the Tax Maps as part of GPIN #
1487-56-6985. Once the property is rezoned to A-1, all uses listed under Pittsylvania County
Code § 35-178 are permitted. On December 7, 2021, the Planning Commission recommended,
by a 6-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s
review, the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-036 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-21-036, I make a Motion to approve the rezoning of 2.524 acres from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural
uses. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.4
Packet Pg. 75
10.A.4.a
Packet Pg. 76 Attachment: R-21-036 Haskins-Allen App (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.a
Packet Pg. 77 Attachment: R-21-036 Haskins-Allen App (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.a
Packet Pg. 78 Attachment: R-21-036 Haskins-Allen App (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.a
Packet Pg. 79 Attachment: R-21-036 Haskins-Allen App (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.a
Packet Pg. 80 Attachment: R-21-036 Haskins-Allen App (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.a
Packet Pg. 81 Attachment: R-21-036 Haskins-Allen App (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.a
Packet Pg. 82 Attachment: R-21-036 Haskins-Allen App (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.b
Packet Pg. 83 Attachment: R-21-036 Haskins-Allen Map (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
10.A.4.c
Packet Pg. 84 Attachment: Case R-21-026 HaskinsAllen Plat (2966 : Public Hearing: Case R-21-036; Damon Haskins and April Allen)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2022-01-03 (Schools 1% Sales Tax Referendum) Adoption
(Staff Contact: J. Vaden Hunt, Esq.)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: January 18, 2022 Item Number: 12.a
Attachment(s): 2022-01-03 Schools Sales Tax Referendum
Reviewed By:
SUMMARY:
For the Board’s review and consideration, attached is Resolution # 2022-01-03. Said Resolution
authorizes County Staff to petition the Pittsylvania County Circuit Court for placement of a
Referendum on the November 2022 general election ballot for the County to levy a general retail
sales tax at a rate to not exceed one percent (1%) to provide revenue solely for capital projects
for the construction or renovation of County Schools in accordance with Virginia Code § 58.1-
605.1.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2022-01-03 as attached and presented.
MOTION:
“I make a Motion to adopt Resolution # 2022-01-03 as attached and presented.”
12.a
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2022-01-03
______________________________________________________________________________
A RESOLUTION INITIATING A REFERENDUM TO AUTHORIZE PITTSYLVANIA
COUNTY TO LEVY A GENERAL RETAIL SALES TAX AT A RATE TO NOT
EXCEED ONE PERCENT (1%) TO PROVIDE REVENUE SOLELY FOR CAPTIAL
PROJECTS FOR THE CONSTRUCTION OR RENOVATION OF SCHOOLS IN
PITTSYLVANIA COUNTY IN ACCORDANCE WITH VIRGINIA CODE § 58.1-605.1.
______________________________________________________________________________
VIRGINIA: At the Regular Meeting of the Pittsylvania County Board of Supervisors
(“Board”) held on January 18, 2022, the following Resolution was presented and adopted:
WHEREAS, the Virginia General Assembly approved HB 1634, which was signed into
law by the Governor on March 19, 2019, and which took effect on July 1, 2019, as Chapter 648 of
the 2019 Ats of the General Assembly of the Commonwealth of Virginia; and
WHEREAS, HB 1634 is codified at Virginia Code § 58.1-605.1 as of July 1, 2019; and
WHEREAS, Virginia Code § 58.1-605.1 provides Pittsylvania County, Virginia
(“County), with the statutory authority to levy a general retail sales tax at a rate not to exceed one
percent (1%) to provide revenue solely for capital projects for the construction or renovation of
County schools; and
WHEREAS, the County may not levy the general retail sales tax authorized by Virginia
Code § 58.1-605.1, unless and until the tax is approved in a referendum within the County held in
accordance with Virginia Code § 24-684 and initiated by a resolution of Board; and
WHEREAS, Virginia Code § 58.1-605.1 requires that the Resolution authorizing the
referendum state, if the capital projects for the construction or renovation of County schools are to
be financed by bonds or loans, the date by which those bonds or loans shall be repaid; and
WHEREAS, the County will finance the capital projects for the construction or renovation
of County schools by bonds or loans, those bonds or loans will have a repayment term of twenty
(20) years, and those bonds or loans will be repaid by September 30, 2042; and
WHEREAS, the general retail sales tax authorized by Virginia Code § 58.1-605.1 shall
expire, if the capital projects for the construction or renovation of County schools are to be
financed by bonds or loans, on the date by which such bonds or loans shall be repaid.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Board as follows:
1. The Board hereby authorizes and initiates a referendum within the County in
accordance with Virginia Code § 24.2-684 on a ballot question in substantially the following form:
12.a.a
Packet Pg. 86 Attachment: 2022-01-03 Schools Sales Tax Referendum (2975 : Resolution # 2022-01-03 (Schools 1% Sales Tax Referendum) Adoption (Staff
“Should Pittsylvania County be authorized to levy a general retail sales tax at a rate not to
exceed one percent (1%), provided the revenue from the sales tax shall be used solely for capital
projects for the construction or renovation of schools in Pittsylvania County and that the sales tax
shall expire by September 30, 2042?
[ ] Yes
[ ] No.”
2. The capital projects for the construction or renovation of County schools will be
financed by bonds or loans. Those bonds or loans shall have a repayment term of twenty (20)
years and shall be repaid by September 30, 2042. The general retail sales tax, if approved, shall
expire on the date by which such bonds or loans shall be repaid.
3. The Board hereby authorizes and directs the County Attorney, County
Administrator, and such other appropriate County officers to execute, deliver, and file all required
pleadings with the County Circuit Court to initiate the above-referenced referendum to be held on
November 8, 2022.
4. The Board further directs the County Attorney, County Administrator, and such
other appropriate County officers to execute, deliver, and file all documents, pleadings, petitions,
certificates, and instruments, and to take all such further actions as may be necessary, expedient,
or desirable in connection with, and that are in conformity with, the purposes, spirit, and intent of
this Resolution. Without limiting the foregoing, the County Attorney, County Administrator, and
such other appropriate County officers are specifically authorized to modify the ballot question as
stated herein as they deem necessary to conform to the requirements of the County Circuit Court,
the State Board of Elections, and/or the Local Electoral Board.
5. The recitals in this Resolution are hereby incorporated by reference and are
declared to be findings of the Board in connection with its decision to adopt this Resolution.
6. This Resolution shall take effect immediately.
Given under my hand this 18th day of January, 2022.
__________________________________________
William V. (“Vic”) Ingram (Chairman)
Pittsylvania County Board of Supervisors
__________________________________________
Dave F. Arnold (Interim Clerk)
Pittsylvania County Board of Supervisors
12.a.a
Packet Pg. 87 Attachment: 2022-01-03 Schools Sales Tax Referendum (2975 : Resolution # 2022-01-03 (Schools 1% Sales Tax Referendum) Adoption (Staff
Approved as to Form:
_________________________________
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Vote
William V. (“Vic”) Ingram (Chairman) ___
Jessie L. Barksdale (Vice-Chairman) ___
Timothy W. Chesher ___
Darrell W. Dalton ___
Timothy W. Dudley ___
Ronald S. Scearce ___
Robert (“Bob”) W. Warren ___
Ayes __ Nays __ Abstentions __
12.a.a
Packet Pg. 88 Attachment: 2022-01-03 Schools Sales Tax Referendum (2975 : Resolution # 2022-01-03 (Schools 1% Sales Tax Referendum) Adoption (Staff
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2022-01-04 (Woodroam Waterworks Receivership Support)
Adoption (Staff Contact: Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: January 18, 2022 Item Number: 12.b
Attachment(s): 2022-01-04 Woodroam Waterworks Receivership Petition Support
Reviewed By:
SUMMARY:
Woodroam Subdivision Waterworks (“WSW”) is a privately owned community waterworks
located in Pittsylvania County, Virginia (“County”), consisting of two (2) wells, a steel
atmospheric-type storage standpipe, hydro-pneumatic tank, two (2) booster pumps, corrosion
control treatment, and distribution system. The Virginia Department of Health (“VDH”), Office
of Drinking Water (“ODW”), has identified WSW’s owner as a “potential Serious Violator”
under the Environmental Protection Agency’s (“EPA”) Enforcement Response Policy (“ERP”)
for numerous violations.
WSW’s owner has also been non-compliant in his actions to bring the system into compliance
with VDH requirements, has indicated his desire to no longer operate the water system, and has
effectively abandoned the system. Accordingly, the ODW, in consultation with the Virginia
Attorney General’s Office (“VOAG”), have determined that the best course of action is to
transfer all operational responsibilities, including billing and collection of fees, through the
process of receivership to the County.
For the Board’s review and consideration, Resolution # 2022-01-04, evincing the same, is
attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
The ODW has selected the County to receive $125,000 of American Rescue Plan Act (“ARPA”)
funds to rehabilitate/upgrade the WSW in anticipation of the County accepting operational
responsibilities and future ownership of the same.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2022-01-04 as attached and presented.
MOTION:
“I make a Motion to adopt Resolution # 2022-01-04 as attached and presented.”
12.b
Packet Pg. 89
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2022-01-04
______________________________________________________________________________
A RESOLUTION DIRECTING COUNTY STAFF WORK WITH THE VIRGINIA
DEPARTMENT OF HEALTH AND THE VIRGINIA ATTORNEY GENERAL’S
OFFICE TO COMPLETE THE RECEIVERSHIP PROCESS FOR OPERATION OF
THE WOODROAM WATERWORKS SYSTEM
______________________________________________________________________________
VIRGINIA: At the Regular Meeting of the Pittsylvania County Board of Supervisors
(“Board”) held on January 18, 2022, the following Resolution was presented and adopted:
WHEREAS, Woodroam Subdivision Waterworks (“WSW”) is a privately owned
community waterworks located in Pittsylvania County, Virginia (“County”), consisting of two (2)
wells, a steel atmospheric-type storage standpipe, hydro-pneumatic tank, two (2) booster pumps,
corrosion control treatment, and distribution system; and
WHEREAS, WSW serves thirty (30) service connections and approximately eighty (80)
year-round residents and is located in the northern part of the County, near the intersection of
Rockford School Road and Harbor Drive; and
WHEREAS, the Virginia Department of Health (“VDH”), Office of Drinking Water
(“ODW”), has identified WSW’s owner as a “potential Serious Violator” under the Environmental
Protection Agency’s (“EPA”) Enforcement Response Policy (“ERP”) for numerous violations; and
WHEREAS, WSW’s owner has been non-compliant in his actions to bring the system into
compliance with VDH requirements, has indicated his desire to no longer operate the water system,
and has effectively abandoned the system; and
WHEREAS, the ODW has approached the County about accepting ownership of WSW;
and
WHEREAS, WSW’s owner has been noncooperative in efforts to discuss transfer of
ownership of the WSW and related property to the County; and
WHEREAS, the ODW, in consultation with the Virginia Attorney General’s Office
(“VOAG”) have determined that the best course of action is to transfer all operational
responsibilities, including billing and collection of fees, through the process of receivership to the
County; and
WHEREAS, the ODW has selected the County to receive $125,000 of American Rescue
Plan Act (“ARPA”) funds to rehabilitate/upgrade the WSW in anticipation of the County accepting
operational responsibilities and future ownership of the same.
12.b.a
Packet Pg. 90 Attachment: 2022-01-04 Woodroam Waterworks Receivership Petition Support (2985 : Resolution # 2022-01-04 (Woodroam Waterworks
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board directs County
Staff to work with VDH and the VOAG to complete the receivership process for operation of the
WSW.
Given under my hand this 18th day of January, 2022.
__________________________________________
William V. (“Vic”) Ingram (Chairman)
Pittsylvania County Board of Supervisors
__________________________________________
Dave F. Arnold (Interim Clerk)
Pittsylvania County Board of Supervisors
Approved as to Form:
________________________
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Vote
William V. (“Vic”) Ingram (Chairman) ___
Jessie L. Barksdale (Vice-Chairman) ___
Timothy W. Chesher ___
Darrell W. Dalton ___
Timothy W. Dudley ___
Ronald S. Scearce ___
Robert (“Bob”) W. Warren ___
Ayes __ Nays __ Abstentions __
12.b.a
Packet Pg. 91 Attachment: 2022-01-04 Woodroam Waterworks Receivership Petition Support (2985 : Resolution # 2022-01-04 (Woodroam Waterworks
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Fire and Rescue Volunteer Hazard Pay Bonus (Staff Contact: Kimberly
Van Der Hyde)
Staff Contact(s): Kimberly Van Der Hyde
Agenda Date: January 18, 2022 Item Number: 12.c
Attachment(s):
Reviewed By:
SUMMARY:
Previously, the Board provided County Fire and Rescue volunteers with an incentive in the
amount of $500 for volunteers who received the COVID-19 vaccine. A total of 163 incentives
were paid out in December 2021, leaving an unencumbered balance of $68,500 in this line item.
Chairman Ingram desires to take this balance, along with the balance remaining in the Employee
Vaccine and Bonus line and reward those volunteers who answered calls during the COVID
Pandemic.
After discussing this matter with Christopher C. Slemp, County Public Safety Director, it was
determined to create a new budget line item entitled “Volunteer Fire and Rescue Hazard Pay
Bonus.” Ingram and Slemp believe $500 for said bonus would be appropriate. Moreover, Slemp
recommends that this bonus only be paid to Fire and Rescue volunteers who have run a total of
fifty (50) calls or ten percent (10%) of the total agency call volume for calendar year 2021,
whichever is less. Said calls will be verified by each Volunteer Agency Chief and vetted by
County Public Safety Staff. Individuals working at multiple agencies will only be eligible for
one (1) bonus payment. Those who have received the vaccine incentive would also be eligible
for said bonus if they have met the above-call volume criteria.
FINANCIAL IMPACT AND FUNDING SOURCE:
Previously obligated ARPA funds will be designated to cover these bonuses.
RECOMMENDATION:
County Public Safety Staff recommends the Board reallocate ARPA funds in the amount of
$168,500 to a new line item entitled “Volunteer Fire and Rescue Hazard Pay Bonus” in the
ARPA Fund and pay Fire and Rescue volunteers a $500 bonus if they qualify based on the
above-presented criteria.
MOTION:
“I make a Motion to reallocate ARPA funds in the amount of $168,500 to a new line item
entitled “Volunteer Fire and Rescue Hazard Pay Bonus” in the ARPA Fund and pay Fire and
12.c
Packet Pg. 92
Rescue volunteers a $500 bonus if they qualify based on the above-presented criteria.”
12.c
Packet Pg. 93
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Volunteer Fire and Rescue Departments Audit Policy (Staff Contract: Kim
Van Der Hyde)
Staff Contact(s): Kimberly Van Der Hyde
Agenda Date: January 18, 2022 Item Number: 12.d
Attachment(s):
Reviewed By:
SUMMARY:
The County’s FY22 Budget Resolution contains language in Section 22, which requires that each
Volunteer Fire and Rescue Agency provide the County annual financial reports and/or audits of
all available funds. Additionally, on June 16, 2020, the Board voted to require that two (2)
Volunteer Fire and Rescue Agencies be randomly selected annually for audits to be performed at
the County’s expense. Chairman Ingram requests this language be removed from future Budget
Resolutions and that random audits no longer be required for County Volunteer Fire and Rescue
Agencies.
FINANCIAL IMPACT AND FUNDING SOURCE:
The cost of two (2) annual audits.
RECOMMENDATION:
For the Board’s review and consideration.
MOTION:
For the Board’s review and consideration.
12.d
Packet Pg. 94
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: County Public Safety Ordinance Revisions (Chairman Ingram)
Staff Contact(s): Chairman Ingram
Agenda Date: January 18, 2022 Item Number: 12.e
Attachment(s): Chapter 11 Public Safety
Reviewed By:
SUMMARY:
Chairman Ingram will lead discussion regarding potential revisions to the County’s Public Safety
Ordinance involving the composition of the County’s Fire and Rescue Commission and seek
Board authorization to conduct a Public Hearing at the Board’s February Business Meeting to
potentially adopt the same. For the Board’s review, Chapter 11 (Public Safety) of the
Pittsylvania County Code is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
For the Board’s review and consideration.
MOTION:
For the Board’s review and consideration.
12.e
Packet Pg. 95
PITTSYLVANIA COUNTY CODE
CHAPTER 11
PUBLIC SAFETY
ARTICLE I. GENERAL
§ 11-1. Establishment of the Pittsylvania County Department of Public Safety
§ 11-2. Establishment of the Fire and EMS Commission
§ 11-3. Appointment of a Director of Public Safety
§ 11-4. Responsibility and Authority of the Department of Public Safety
§§ 11-5. - 11-10. Reserved
ARTICLE II. FIRE PREVENTION AND PROTECTION
DIVISION 1. FIRE DIVISION
§ 11-11. Establishment of County Fire Division
§ 11-12. Responsible to the Department of Public Safety
§ 11-13. Responsibilities and Authority
§ 11-14. Fire Personnel Afforded Certain Privileges, Rights, and Remedies
§ 11-15. Authority of Chief or Other Officer in Charge When Answering Alarm; Penalty for
Refusal to Obey Orders
§ 11-16. Recognized Organization to Represent Fire and Rescue Agencies Within the
County
§ 11-17. Limitation on Burning Brush, Leaves, Etc., Between February 15 And April 30
and in General
§ 11-18. Participation by Certain Minors in Volunteer Fire Company Activities
§§ 11-19. - 11-35. Reserved
DIVISION 2. STATEWIDE FIRE PREVENTION CODE; LOCAL FIRE
PREVENTION
12.e.a
Packet Pg. 96 Attachment: Chapter 11 Public Safety (2979 : County Public Safety Ordinance Revisions (Chairman Ingram))
§ 11-36. Adoption of the Statewide Fire Prevention Code
§ 11-37. Appointment of a Local/Fire Marshal
§ 11-38. Powers; Office of Fire Marshal
§ 11-39. Responsibility and Authority of the Local Fire Marshal
§ 11-40. Authority to Appoint Deputy Fire Marshal and Assistant Fire Marshal
§ 11-41. Local Board of Fire Prevention Code Appeals
§ 11-42. Administrative Practices
§ 11-43. Fire Inspection Fees
§§ 11-44. - 11-70. Reserved
ARTICLE III. EMERGENCY MEDICAL AND RESCUE SERVICES
§ 11-71. Establishment of a County EMS Division
§ 11-72. Responsible to the Department of Public Safety
§ 11-73. Responsibilities and Authority
§ 11-74. EMS Personnel Afforded Certain Privileges, Rights, and Remedies
§ 11-75. Obedience to Orders of the Senior Officer in Charge at Scene of Accidents, Disasters,
and Other Medically and Rescue-Oriented Incidents
§§ 11-76. - 11-80. Reserved
ARTICLE IV. RECOVERY OF EXPENSES FOR RESPONSE TO CERTAIN
EMERGENCY CALLS
§ 11-81. Hazardous Materials Incidents
§ 11-82. Negligent and Unlawful Acts
§ 11-83. Service Fee for Emergency Ambulance Transport Program
§ 11-84. Fire Service Fees and Charges Program
§ 11-85. Reserved
12.e.a
Packet Pg. 97 Attachment: Chapter 11 Public Safety (2979 : County Public Safety Ordinance Revisions (Chairman Ingram))
§ 11-86. Destruction of Equipment
§ 11-87. Billing; Use of Funds
§ 11-88. Non-Departmental EMS Provider
§§ 11-89. - 90. Reserved
§ 11-91. Provision of Fire Department Services and Emergency Medical Services at Public
Events or Private Businesses or Places of Public Entertainment
12.e.a
Packet Pg. 98 Attachment: Chapter 11 Public Safety (2979 : County Public Safety Ordinance Revisions (Chairman Ingram))
PITTSYLVANIA COUNTY CODE
CHAPTER 11
PUBLIC SAFETY
ARTICLE I. GENERAL.
SEC. 11-1. ESTABLISHMENT OF THE PITTSYLVANIA COUNTY DEPARTMENT
OF PUBLIC SAFETY.
(a) To help ensure the protection of the citizens, visitors, and property of Pittsylvania
County, Virginia (the “County”), and to afford all emergency services personnel the full
benefit of the law, it has been deemed necessary to organize the Emergency Services
operations within the County under a Department of Public Safety.
(b) All current references to the existing Department of Emergency Services shall be
carried forward as meaning the same as the Department of Public Safety.
(c) To effectively carry out the provisions of subsection (a) of this Section, the County
Department of Public Safety shall be created in place of the existing Department of
Emergency Services. Any and all contracts, agreements, and other legal documents
currently in force under the Pittsylvania County Department of Emergency Services shall
automatically transfer and remain in full legal force to the Public Safety Department.
(d) The adoption of this Chapter by the Pittsylvania County Board of Supervisors formally
abolishes the Fire/Rescue Medical Services Advisory Committee (“EMAC”) previously created
by/in Pittsylvania County Code (“PCC”) § 31-3.1 and all other references to EMAC contained
in any other PCC Section(s).
SEC. 11-2. ESTABLISHMENT OF THE FIRE AND EMS COMMISSION.
(a) Establishment: The Board of Supervisors creates and establishes the Fire and EMS
Commission (the “Commission”).
(b) Purpose: The Commission provides recommendations regarding the County’s Fire and
EMS systems in the County; oversees strategic planning efforts; and provides a mechanism for
collaboration and coordination among the Public Safety Department, volunteer fire companies,
volunteer rescue squads, and the Board of Supervisors on issues impacting fire and emergency
medical services. The Commission shall work with the Public Safety Director, or his/her
designee, on these issues, and the Public Safety Department shall provide Staff support to the
Commission. The Commission shall submit such recommendations and reports to the Board of
Supervisors as needed. The Commission shall assist with the development of the Fire and
Rescue Services Annual Budget and Capital Improvement Projects. The Commission shall serve
12.e.a
Packet Pg. 99 Attachment: Chapter 11 Public Safety (2979 : County Public Safety Ordinance Revisions (Chairman Ingram))
as a partner with the Department of Public Safety. Together, they should serve as a centralized
unit responsible to the Board of Supervisors for all County Fire and EMS issues.
(c) Membership Composition; Term:
(1) The Commission shall be composed of nine (9) at-large Members appointed by
the Board of Supervisors as follows: One (1) Member from a Fire Department located West of
Highway 29 and North of Highway 57 and one (1) citizen at large from the same area; One (1)
Fire Department Member from a Fire Department located East of Highway 29 and North of
Highway 57 and one (1) citizen at large from the same area; One (1) Member of a Fire
Department East of Highway 29, South of R and L Smith Road to its intersection with Franklin
Turnpike, East of Franklin Turnpike, and East of the City of Danville, and South of Highway 57
and one (1) citizen at large from the same area; One (1) member from a Fire Department West
of Highway 29, North of R and L Smith Road, West of Franklin Turnpike and West of the City
of Danville and South of Highway 57 and one (1) citizen at large from the same area; One (1)
Member from previous four (4) Departments must represent a Department that does transport
EMS; and one (1) Member shall be from the Board of Supervisors. All the aforementioned
appointed Commission Members shall have full and complete voting rights. The Director of
Public Safety and one (1) Member from the County’s Fire and Rescue Association shall serve
as an ex-officio Members with no voting rights. The Director of Public Safety shall be the
Commission’s Staff Representative. Fire and Rescue Members appointed to the Commission
must be from Fire and Rescue Agencies that are in good standing with the County and meeting
all standards as set forth by the same. The Fire and Rescue Agencies within each quadrant of
the County as set forth in this Ordinance, shall recommend at least one (1) Fire and Rescue
Member for potential appointment by Board of Supervisors. The Fire and Rescue Agencies may
also recommend the citizens at large for appointment by the Board of Supervisors. However,
the Board of Supervisors shall have full authority to appoint any and all citizen appointees to the
Commission.
(2) Terms: Determined by a drawing of lots at the Commission’s first Organizational
Meeting, the nine (9) appointed Members shall be appointed for initial terms as follows: 3, 1-
year terms, 3, 2-year terms, and 4, 4-year terms, and, thereafter, each member shall serve for four
(4) year terms.
(3) Meeting Governance; Meeting Schedule: The Commission shall adopt Bylaws
and Rules of Procedures, as it deems appropriate, to govern the conduct of its business. Meetings
shall be held as scheduled, not less than bi-monthly.
SEC. 11-3. APPOINTMENT OF A DIRECTOR OF PUBLIC SAFETY.
(a) The County Administrator, with input from the Commission, shall hire and appoint
a Director of Public Safety to carry out the responsibilities of the Department of Public
Safety. Said Director shall in turn report to and be responsible to the County Administrator.
12.e.a
Packet Pg. 100 Attachment: Chapter 11 Public Safety (2979 : County Public Safety Ordinance Revisions (Chairman Ingram))
(b) Effective upon adoption of this Chapter, the current Emergency Services Coordinator
shall also become the Director of Public Safety, while also maintaining the position and
duties of Emergency Services Coordinator.
SEC. 11-4. RESPONSIBILITY AND AUTHORITY OF THE DEPARTMENT OF
PUBLIC SAFETY.
(a) The Department of Public Safety, in conjunction with the Commission, shall provide
overall direction and operational support of the Public Safety Divisions to carry out the
provisions of Section 11-1(a) of this Chapter.
(b) The Department of Public Safety shall be responsible for the promulgation of the
Pittsylvania County Emergency Operations Plan and all laws, standard operating
procedures, and other directives to help ensure that the provisions of said documents are
provided for.
(c) The Department of Public Safety shall have the authority to carry out its
responsibilities as authorized by the Board of Supervisors, and will be afforded all of the
authority and protection of applicable laws and ordinances.
SECS. 11-5. - 11-10. Reserved.
ARTICLE II. FIRE PREVENTION AND PROTECTION.
DIVISION 1. FIRE DIVISION.
SEC. 11-11. ESTABLISHMENT OF COUNTY FIRE DIVISION.
(a) To effectively carry out the provisions of Section 11-1(a) of this Chapter, and to
provide all emergency services personnel with the full benefit of privileges, rights, and
remedies available to them under law, a County Fire Division is hereby established to
mitigate the effects of fire, hazardous materials, and explosions.
(b) The following organizations and groups are officially recognized as entities of the
Department of Public Safety, Fire Division:
• ST 1 - 16: Reserved for Public Safety
• ST 17: Dry Fork Fire Department
• ST 18 - 20: Reserved
• ST 21: Chatham Fire Department
• ST 22: Gretna Fire Department
• ST 23: Ringgold Fire Department
• ST 24: Kentuck Fire Department
12.e.a
Packet Pg. 101 Attachment: Chapter 11 Public Safety (2979 : County Public Safety Ordinance Revisions (Chairman Ingram))
• ST 25: Tunstall Fire Department
• ST 26: Renan Fire Department
• ST 27: Mt. Cross Fire Department
• ST 28: Reserved
• ST 29: Riceville-Java Fire Department
• ST 30: Bachelors Hall Fire Department
• ST 31: Hurt Fire Department
• ST 32: Climax Fire Department
• ST 33: Mt. Herman Fire Department
• ST 34: Blairs Fire Department
• ST 35: Callands Fire Department
• ST 36: Laurel Grove Fire Department
• ST 37: Brosville Fire Department
• ST 38: Cascade Fire Department
• ST 39: Cool Branch Fire Department
• ST 40: Riverbend Fire Department
• ST 41: Reserved
• ST 42: Keeling Fire Department
(c) Each of the aforementioned Fire Departments shall be designated with a Boundary
Service Fire District. Each of the aforementioned Fire Departments shall be required to
enter into a Department Service Memorandum of Agreement with the Board of Supervisors.
If any aforementioned Fire Departments fail to maintain its corporate status, or otherwise
fails to comply with any applicable regulations, contracts, SOG’s, or policies of the
Department of Public Safety, the Board of Supervisors, for said cause, or for other good
cause as solely determined by the Board of Supervisors, which shall be deemed sufficient,
may remove said Fire Department as an officially recognized entity by a majority vote of
the Board of Supervisors.
(d) Each Fire Department shall have a Chief, standardized line officers, and a
membership roster. Said roster shall be provided annually to the Department of Public
Safety, unless there is a change in the officers of the Department.
(e) The following organization and group is officially recognized as non-jurisdictional
entity which is authorized to provide services for the County’s Department of Public Safety,
Fire Division: The Smith Mountain Lake Marine Fire Company. The Department of Public
Safety may enter into a contract with said organization to provide services on a routine basis
as authorized by the Board of Supervisors. Additionally, the County may enter into Mutual
Aid Agreements with surrounding jurisdictions and agencies when deemed appropriate to
do so by the Board of Supervisors.
(f) Each of the above-mentioned organizations shall be assigned response areas that
provide the best services to County citizens. These response areas shall be maintained in
writing by the Department of Public Safety, a copy of which will be posted in the Emergency
12.e.a
Packet Pg. 102 Attachment: Chapter 11 Public Safety (2979 : County Public Safety Ordinance Revisions (Chairman Ingram))
Communications Center and be made available to the public. The Department of Public
Safety may amend or change these boundaries from time-to-time to provide the best services
available.
SEC. 11-12. RESPONSIBLE TO THE DEPARTMENT OF PUBLIC SAFETY.
(a) Each of the organizations and groups mentioned in Sections 11-11(b) and (e) of this
Chapter shall be responsible to the Department of Public Safety and will carry out their
assigned tasks to the best of their abilities.
(b) Each Fire Department shall appoint a Department Chief who shall be responsible for
the overall direction and control of Fire Department activities within their respective primary
response areas. Additionally, said Department Chief shall ensure that their organization
complies with all of the provisions of applicable laws, ordinances, and standard operating
procedures implemented by the Commission, and shall directly work with the to the Director
of Public Safety, or his/her designee, to provide fire, rescue, and EMS services.
SEC. 11-13. RESPONSIBILITIES AND AUTHORITY.
(a) All officially recognized Members of the organizations and groups mentioned above
shall perform their respective duties, as outlined in standard operating procedures,
applicable laws, and ordinances, to the best of their abilities.
(b) All officially recognized Members of the organizations and groups mentioned above
shall be subject to the procedures and practices established by the Department of Public
Safety and other applicable laws and ordinances.
(c) While performing in their official capacity, each of the Members of the organizations
and groups mentioned above shall have the authority to carry out their respective
assignments as provided for in applicable laws, ordinances, and standard operating
procedures.
SEC. 11-14. FIRE PERSONNEL AFFORDED CERTAIN PRIVILEGES, RIGHTS, AND
REMEDIES.
When providing services in their official capacity and acting within the guidelines of the
Department of Public Safety, all officially recognized Members of the organizations and
groups mentioned above shall be afforded all of the privileges, rights, and remedies available
to them under law.
SEC. 11-15. AUTHORITY OF CHIEF OR OTHER OFFICER IN CHARGE WHEN
ANSWERING ALARM; PENALTY FOR REFUSAL TO OBEY ORDERS.
While any Fire Department or Fire Company is in the process of answering an alarm where there
is imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of
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hazardous materials that threaten life or property and returning to the station, the Chief or other
officer in charge of such Fire Department or Fire Company at that time, shall have the authority
to (i) maintain order at such emergency incident or its vicinity, including the immediate airspace;
(ii) direct the actions of the firefighters at the incident; (iii) notwithstanding the provisions of
Code of Virginia §§ 46.2-888 - 46.2-891, 1950, as amended, keep bystanders or other persons at
a safe distance from the incident and emergency equipment; (iv) facilitate the speedy movement
and operation of emergency equipment and firefighters; (v) cause an investigation to be made
into the origin and cause of the incident; and (vi) until the arrival of a police officer, direct and
control traffic in person or by deputy and facilitate the movement of traffic.
The Fire Chief or other officer in charge shall display his firefighter's badge or other proper
means of identification. Notwithstanding any other provision of law, this authority shall extend
to the activation of traffic control signals designed to facilitate the safe egress and ingress of
emergency equipment at a fire station. Any person or persons refusing to obey the orders of the
Chief or other officer in charge at that time is guilty of a Class 4 Misdemeanor. The Chief or
other officer in charge shall have the power to make arrests for violation of the provisions of this
Section. The authority granted under the provisions of this Section may not be exercised to
inhibit or obstruct members of law-enforcement agencies or emergency medical services
agencies from performing their normal duties when operating at such emergency incident, nor
to conflict with or diminish the lawful authority, duties, and responsibilities of Forest Wardens,
including, but not limited, to the provisions of the Code of Virginia, Chapter 11, of Title 10.1.
Personnel from the news media, such as the press, radio, and television, when gathering the news
may enter, at their own risk, into the incident area only when the officer in charge has deemed
the area safe and only into those areas of the incident that do not, in the opinion of the officer in
charge, interfere with the Fire Department or Fire Company, firefighters, or emergency medical
services personnel dealing with such emergencies, in which case the Chief or other officer in
charge may order such person from the scene of the emergency incident.
SEC. 11-16. RECOGNIZED ORGANIZATION TO REPRESENT FIRE AND RESCUE
AGENCIES WITHIN THE COUNTY.
The Pittsylvania County Fire and Rescue Association, Inc. (“PCFRA”), is officially recognized
as representing a collective of agencies that provide Fire and EMS Services as referenced in
Sections 11-11(b) and 11-71(b) of this Chapter. The PCFRA and the Public Safety Director, or
his/her appointee, shall work in conjunction to carry out the day-to-day operations of the
Division. The PCFRA President, or other PCFRA appointed representative, shall be recognized
at every Fire and Rescue Commission meeting to report and update on matters concerning the
PCFRA. The PCFRA shall annually provide, upon election, a list of Officers to the Commission
no later than thirty (30) days after any election.
SEC. 11-17. LIMITATION ON BURNING BRUSH, LEAVES, ETC., BETWEEN
FEBRUARY 15 AND APRIL 30 AND IN GENERAL.
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(a) During the period beginning February 15 and ending April 30 of each year, it shall
be unlawful for any person to set fire to brush, leaves, grass, debris, or any field containing
dry grass or other inflammable material capable of spreading fire located in or within three
hundred (300) feet of any woodland or brush land, except between the hours of 4:00 p.m.
and 12:00 midnight.
(b) When it is deemed necessary at the Director of Public Safety’s sole discretion, an
open burning ban may be imposed on the entire County, or sections of the County, when
conditions exist that would make open burning a threat to life or property, at any time during
the year.
(c) A violation of this Section is a Class 1 Misdemeanor.
SEC. 11-18. PARTICIPATION BY CERTAIN MINORS IN VOLUNTEER FIRE
COMPANY ACTIVITIES.
Pursuant to authority contained in Section 40.1-79.1, Code of Virginia, 1950, as amended, the
County authorizes any minor, sixteen (16) years of age or older, with parental or guardian
approval, to work with or participate fully in all activities of a Volunteer Fire Company,
provided such minor has attained certification under National Fire Protection Association
1001, Level One, Fire-Fighter Standards, as administered by the State Department of Fire
Programs. Any trainer or instructor of such minor, or any Member of a paid or Volunteer Fire
Company who supervises such minor, shall be exempt from the provisions of the
aforementioned Code of Virginia Section, provided the Volunteer Fire Company or the Board
of Supervisors have purchased insurance which provides coverage for injuries to, or the death
of, such minor in the performance of activities under this Section.
SECS. 11-19. - 11-35. RESERVED.
DIVISION 2: STATEWIDE FIRE PREVENTION CODE; LOCAL FIRE
PREVENTION.
SEC. 11-36. ADOPTION OF THE STATEWIDE FIRE PREVENTION CODE.
To provide the best fire prevention activities available to the County, the Virginia Statewide
Fire Prevention Code is adopted in the County by the Board of Supervisors.
SEC. 11-37. APPOINTMENT OF A LOCALFIRE OFFICIAL/FIRE MARSHAL.
(a) To carry out the provisions of the Virginia Statewide Fire Prevention Code adopted by
the Commonwealth of Virginia, and other related Virginia Code Sections, a local Fire
Official/Fire Marshal shall be appointed. If Police Powers are not granted, pursuant to Section
11-38 herein, the Director of Public Safety may appoint Fire Investigators/Inspectors.
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(b) The Public Safety Director shall appoint the local Fire Marshal. If said position is
vacant, the Director of Public Safety may appoint a Deputy Fire Marshal to serve as the
interim local Fire Marshal.
SEC 11-38. POWERS; OFFICE OF FIRE MARSHAL.
(a) The Fire Marshal, and all duly appointed assistants, shall be authorized to order
immediate compliance with the provisions of this Chapter, and to exercise all powers
authorized hereunder.
(b) In addition to such other duties as may be prescribed by law, the local Fire Marshal,
and those assistants appointed pursuant to Section 27-36, Code of Virginia, 1950, as amended,
designated by the Fire Marshal, shall have the same police powers as a Sheriff, police officer,
or law-enforcement officer to include the authority to arrest, to procure and serve warrants of
arrest and search warrants, and to issue summons in the investigation and prosecution of all
related offenses involving the violation of fire prevention and fire safety laws and related
ordinances, hazardous materials, fires, fire bombings, bombings, attempts or threats to commit
such offenses, possession and manufacture of explosive devices, substances, and fire bombs.
(c) The police powers granted in this Section shall not be exercised by the Fire Marshal
or any assistant until such person has satisfactorily completed a course for Fire Marshals with
police powers, which course shall be approved by the Virginia Fire Services Board. In
addition, the Fire Marshal, and those assistants with police powers, shall continue to exercise
those powers only upon satisfactory participation in in-service and advanced courses and
programs, which courses shall be approved by the Virginia Fire Services Board. The Fire
Marshal and his assistants, before entering upon their duties, shall respectively take an oath,
pursuant to Title 27, Code of Virginia, 1950, as amended.
SEC. 11-39. RESPONSIBILITY AND AUTHORITY OF THE LOCAL FIRE
MARSHAL.
The local Fire Marshal/Fire Inspector-Investigator shall have responsibility and authority as
outlined in the Statewide Fire Prevention Code and the Code of Virginia.
SEC. 11-40. AUTHORITY TO APPOINT DEPUTY FIRE MARSHAL AND
ASSISTANT FIRE MARSHAL.
(a) When it is deemed necessary by the local Fire Administrator, and approved by the
County Administrator, a Deputy Fire Marshal(s) and Assistant Fire Marshals may be
appointed to carry out the requirements of the Statewide Fire Prevention Code and Title 27
of the Code of Virginia, 1950, as amended.
(b) Deputy Fire Marshal(s) and Assistant Fire Marshal(s) shall be afforded all of the
privileges, rights, and remedies available to them under law when acting in their official
capacity as directed by the local Chief Fire Administrator.
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SEC. 11-41. LOCAL BOARD OF FIRE PREVENTION CODE APPEALS.
The County Board of Building Code Appeals shall be designated as the Appeals Board to hear
grievances arising from the application of the County Fire Prevention Code.
SEC. 11-42. ADMINISTRATIVE PRACTICES.
The Fire Marshal shall establish such procedures or requirements as may be necessary for
administration and enforcement of this Ordinance. The procedures shall be approved by the
Director of Public Safety.
SEC. 11-43. FIRE INSPECTION FEES.
The Fire Marshal, or his/her designee, shall have the ability to charge and collect fire inspection
fees. A schedule of said fees shall be established annually by the Commission and approved by
the Board of Supervisors.
SECS. 11-44. - 11-70. RESERVED.
ARTICLE III. EMERGENCY MEDICAL AND RESCUE SERVICES.
SEC. 11-71. ESTABLISHMENT OF A COUNTY EMS DIVISION.
(a) To effectively carry out the provisions of Section 11-1(a) of this Chapter, and to
provide all emergency services personnel with the full benefit of privileges, rights, and
remedies available to them under law, a County EMS Division is established to mitigate the
effects of accidents, disasters, and other medically and rescue-oriented emergency
situations.
(b) The following organizations and groups are hereby officially recognized as entities
of the County Department of Public Safety, EMS Division:
• SQ 1 - 8: Reserved for Public Safety
• SQ 9 - 11: Reserved
• SQ 12: Chatham Rescue
• SQ 13: Cool Branch Rescue
• SQ 14: 640 Community Rescue
• SQ 15: Reserved
• SQ 16: Angel Search & Rescue
• SQ 17 - 21: Reserved
• SQ 22: Gretna Fire and Rescue
• SQ 23: Ringgold Fire & Rescue
• SQ 24: Reserved
• SQ 25: Tunstall Fire & Rescue
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• SQ 26: Reserved
• SQ 27: Mt. Cross Fire & Rescue
• SQ 28 - 29: Reserved
• SQ 30: Bachelors Hall Fire & Rescue
• SQ 31 - 32: Reserved
• SQ 33: Mt. Herman Fire & Rescue
• SQ 34: Blairs Fire & Rescue
• SQ 35: Callands Fire & Rescue
• SQ 36: Reserved
• SQ 37: Brosville Fire & Rescue
(c) Each of the aforementioned EMS Departments shall be designated with a Boundary
Service EMS District. Each of the aforementioned EMS Departments shall be required to
enter into a Service Department Memorandum of Agreement with the Board of Supervisors.
If any aforementioned EMS Departments fail to maintain its corporate status, or otherwise
fails to comply with any regulations, contracts, SOG’s, or policies of the Department of
Public Safety, the Board of Supervisors for said cause, or for other good cause as solely
determined by the Board of Supervisors, which shall be deemed sufficient, may remove said
EMS Department as an officially recognized entity by a majority vote of the Board of
Supervisors.
(d) Each EMS Department shall have a Chief, standardized line officers, and a
membership roster. Said roster shall be provided semi-annually to the Department of Public
Safety.
(e) The following organizations and groups are hereby officially recognized as non -
jurisdictional entities which are authorized to provide services for the County’s Department
of Public Safety, EMS Division: SQ 09: North Halifax Fire & Rescue; and SQ 20:
Danville Life Saving Crew and any County contracted ambulance provider. The Department
of Public Safety may enter into contracts with these organizations to provide services on a
routine basis as authorized by the Board of Supervisors. Additionally, the County may enter
into Mutual Aid Agreements with surrounding jurisdictions and agencies when it is deemed
appropriate to do so by the Board of Supervisors.
(f) Each of the above-mentioned organizations shall be assigned response areas that
provide the best services to County citizens. These response areas shall be maintained in
writing by the Department of Public Safety, a copy of which will be posted in the
Communications Center and available to the public. The Department of Public Safety may
amend or change these boundaries from time-to-time to provide the best services available.
SEC. 11-72. RESPONSIBLE TO THE DEPARTMENT OF PUBLIC SAFETY.
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(a) Each of the organizations and groups mentioned in Section 11-71 (b) and (e) shall be
responsible to the Department of Public Safety, and will carry out their assigned tasks to the
best of their abilities.
(b) Each EMS organization shall appoint a District Chief/Captain, who shall be
responsible for the overall direction and control of EMS service activities within their
respective primary response areas. Additionally, the Chief/Captain shall ensure that their
organization complies with all of the provisions of applicable laws, ordinances, and standard
operating procedures implemented by the Fire and EMS Commission and shall directly work
with the to the Director of Public Safety, or his designee to provide fire, rescue, and EMS
services.
SEC. 11-73. RESPONSIBILITIES AND AUTHORITY.
(a) All officially recognized Members of the organizations and groups mentioned above
shall perform their respective duties, as outlined in standard operating procedures and
applicable laws and ordinances, to the best of their abilities.
(b) All officially recognized Members of the organizations and groups mentioned above
will be subject to the procedures and practices established by the County Department of
Public Safety and other applicable laws and ordinances.
(c) While performing in their official capacity, each of the Members of the organizations
and groups mentioned above shall have the authority to carry out their respective
assignments as provided for in applicable laws, ordinances, and standard operating
procedures.
SEC. 11-74. EMS PERSONNEL AFFORDED CERTAIN PRIVILEGES, RIGHTS, AND
REMEDIES.
When providing services in their official capacity and acting within the guidelines of the
Department of Public Safety, all officially recognized members of the organizations and groups
mentioned above shall be afforded all of the privileges, rights, and remedies available to them
under law.
SEC. 11-75. OBEDIENCE TO ORDERS OF THE SENIOR OFFICER IN CHARGE AT
SCENE OF ACCIDENTS, DISASTERS, AND OTHER MEDICALLY AND RESCUE-
ORIENTED INCIDENTS.
Every person present at the scene of an accident, or other medically or rescue-oriented incident,
shall be obedient to the orders of the Senior Officer in Charge in any matter relating to removal
and protection of persons and property endangered; freedom of rescue squad, medical
personnel and apparatus to perform their duties or to function properly; and the maintenance
of order at or near the scene of an accident or other medically or rescue-oriented incident, and
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it shall be unlawful and a Class 1 Misdemeanor for any person to disobey any such order of
the Senior Officer in Charge. The Senior Officer in Charge shall have authority to arrest
persons who disobey such orders and to hold them in custody until the incident or danger is
abated, at which time the violator shall be dealt with according to law.
SECS. 11-76. - 11-80. RESERVED.
ARTICLE IV. RECOVERY OF EXPENSES FOR RESPONSE TO CERTAIN
EMERGENCY CALLS.
SEC. 11-81. HAZARDOUS MATERIALS INCIDENTS.
(a) The Department of Public Safety shall make every attempt to recover expenses incurred
while performing official duties at the scene of a hazardous materials incident.
(b) When the incident requires the resources of the County Department of Public Safety or
any County Volunteer Fire or Rescue Agencies, the responsible party shall be responsible for
reimbursement of expenses directly to the County Department of Public Safety for all
expendable items used, apparatus, equipment, and personnel charges at a fee for service set by
the Board of Supervisors.
(c) Monies recovered from such incidents shall be appropriated back to the responding
Departments and/or the Public Safety Department to help replace item used and provide for
partial funding of capital projects required to maintain and operate the hazardous materials
response capabilities within the County.
(d) When the resources used involve both County resources and resources of another
jurisdiction, agency, or the State, the funds shall be recovered using the same rates as
established in Paragraph (b) above. Pursuant to the Code of Virginia, the Virginia Department
of Emergency Management has the responsibility to collect for any expenses incurred for State
resources.
SEC. 11-82. NEGLIGENT AND UNLAWFUL ACTS.
(a) The Department of Public Safety shall make every attempt to recover expenses incurred
while performing official duties at the scene of a negligent or unlawful act as determined by a
Court of competent jurisdiction.
(b) When the resources used involved both County resources and resources of another
jurisdiction, agency, or the State, the funds shall be recovered using the same rates as
established in Section 11-81(b) of this Chapter. If requested to do so, the Department of Public
Safety is authorized to reimburse other jurisdiction and agencies their funds collected by the
County as a result of the same incident.
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(c) Monies recovered from such incidents shall be appropriated back to the Department of
Public Safety to help replace items used and provide for partial funding of Capital Projects
required to maintain and operate the emergency services response capabilities within the
County.
SEC. 11-83. SERVICE FEE FOR EMERGENCY AMBULANCE TRANSPORT
PROGRAM.
(a) Pursuant Section 32.1-111.14, Code of Virginia, 1950, as amended, it is determined and
declared that the exercise of the powers and duties set forth herein are necessary to assure the
provision of adequate and continuing emergency services, and to preserve, protect, and promote
the public health, safety, and general welfare.
(b) Definitions:
(1) Permitted Agencies: Those emergency medical service transport agencies
authorized to provide emergency medical services, basic life support, and/or advanced life
support who are officially recognized in Section 11-71(b) of this Chapter.
(2) Participating Agencies: Those emergency medical service transport agencies
who provide basic life support and/or advanced life support recognized as Permitted Agencies
in Section 11-71(b), of this Chapter.
(3) Emergency Medical Transport System: All components of emergency medical
transportation available within the County.
(4) Basic Life Support (“BLS”): Services shall be medical treatment or procedures
provided to a patient as defined by the National Emergency Medical Services (“EMS”)
Educational and Practices Blueprint for the Emergency Medical Technician (“EMT”)-Basic.
(5) Advanced Life Support Level 1 (“ALS-1”): Services shall be medical treatment
of procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National
EMS Education and Practice Blueprint.
(6) Advanced Life Support Level 2 (“ALS-2”): Services shall be defined as
Advanced Life Support (“ALS”) services provided to a patient including any of the following
medical procedures:
(i) manual defibrillation/cardioversion,
(ii) endotracheal intubation,
(iii) intra-venous line,
(iv) cardiac pacing,
(v) chest decompression,
(vi) surgical airway, or
(vii) intraosseous line, and the administration of three (3) or more medications.
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(7) Ground Transport Mileage (“GTM”): Shall be statute mile from the location of
the incident, scene, or center point of a rescue demand zone where an incident scene or address
is located, to a hospital or other facility where a patient is transported.
(8) Treatment without Transport: 9-1-1 patient that accepts emergency medical care,
but declines transport to a hospital emergency department; treatment that is of the BLS level, as
defined by County, will be charged at the “refusal” rate; treatment at that is ALS1 or higher will
be charged at the “treatment without transport” rate.
(9) Patient Refusal: When a patient or patient’s family member calls 9-1-1 and
request emergency medical services and the patient refuses any treatment by emergency medical
services and/or transport to a hospital emergency department.
(10) Long Term Care Facility: A facility that provides rehabilitative, restoration,
and/or ongoing skilled nursing care to patients or residents in need of assistance with activities
of daily living. Long-term care facilities include nursing homes, rehabilitation facilities,
inpatient behavioral health facilities, and long-term chronic care hospitals.
(c) The schedule of rates for emergency ambulance transport services by Permitted Agencies
shall be set in accordance with a Schedule recommended by the Commission and adopted by the
Board of Supervisors.
(d) The Department of Public Safety shall adopt appropriate rules and policies for the
administration of the charges imposed by this Section, including, and not limited to, payment
standards for those persons who demonstrate economic hardship, as established by this
Ordinance.
(e) Billing:
(1) The County, or its agent, shall generate a bill for ambulance transports or patient
treatment with no transport and/or refusals whose point of origin is within the boundaries of the
County performed by all ambulances operated by an agency licensed and chartered in the County
by the Commonwealth of Virginia and mentioned in Section 11-71(b) above. Organizations are
required to submit information required for the County, or its agent, to generate a bill for such
services. The County will not generate a bill for ambulance transport by organizations
mentioned in Section 11-71(b) above that would be considered humanitarian assistance
(meaning activities not undertaken as a result of a call for emergency assistance to the County
Public Safety Communications Center). Due to the fact that patient care information is highly
confidential under several State and Federal laws, Call Sheets/Patient Care reports will remain
the responsibility of the agency responding to individual calls. Information shared under this
Subsection shall be that information reasonably necessary to accomplish the billing process or
other arrangement as mutually agreed to by the providing agency and the County.
(2) The County may generate a bill for ambulance service in the primary response
areas of organizations mentioned in Section 11-71(b) above, and in adjoining localities by
separate agreement between the County, the adjoining locality, and the organization.
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(3) Fees and Responsibility for Payment: Payment of all charges for ambulance
services, including evaluation, treatment, patient refusals, or ambulance transport, shall be the
responsibility of the patient or the parent, guardian, or other legally responsible party in the case
of a minor or an individual deemed incompetent.
(4) A charge of two hundred dollars ($200.00), in addition to any other applicable
EMS fees, shall be billed to an originating long term care facility requesting 9-1-1 emergency
medical services for a patient when it is determined by the responding agency that the patient
did not have a life threatening or potentially life threatening medical condition.
(a) - (c) Reserved.
(d) Billing Contractor: The County may contract with a third-party for billing and related
services.
(e) Reserved.
(f) Collections: Billing and collection policies and services will be established by the
Commission. No provider mentioned in Section 11-71(b) above will accept or receive payment
directly from a patient or on behalf of a patient for services rendered to a patient. Funds collected
from EMS billing shall be returned to the agency who transported said patient. The County may
hold one-percent (1%) of collected cost to offset administrative cost.
(g) Nothing in this Section shall require county EMS agencies to participate in the County
EMS Billing Program.
(h) Billing Process:
(1) Patients will fall into one (1) of the following categories for billing purposes:
(i) Insured through Third-Party Health Insurance Company, Medicare, or
Medicaid: The appropriate health insurance carrier will be billed. Any applicable copayments,
co-insurance, deductibles, or other similar payments, will be billed to the patient except as
provided for herein.
(ii) No Third-Party Source of Payment: If there is no third-party source of
payment, a bill is to be sent to the patient transported. If the individual has the financial ability
to pay, then payment of the outstanding charges are required, except as otherwise provided for
herein. If the patient can demonstrate a financial hardship and qualifies for reduced payments
pursuant to this Chapter, then the patient shall be eligible for a reduction or waiver of the amount
of the charges due.
(i) Billing Contractor: The Board of Supervisors may contract with a third-party for billing
and related services.
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(j) Ability to Pay Program:
(1) When any patient is billed for a transport or copayment pursuant to this
Ordinance, and because of limited financial resources or assets, a procedure shall be established
by the Department of Public Safety for such patient to apply for a reduction or waiver in the
charge due.
(2) The Department of Public Safety shall establish an ability to pay scale and
eligibility criteria for individuals who can demonstrate financial hardship.
(3) The Ability to Pay Program shall establish an equitable fee policy for those
situations where the patient is unable to meet the ambulance transport charge because of
demonstrated financial hardship.
(4) A patient representing that there exists a financial hardship will submit
information sufficient to determine such hardship. If it is determined that payment of the
emergency ambulance transport charges creates a financial hardship, charges due may be
reduced or waived according to the scale by the Department of Public Safety.
(k) Collections: Billing and collection policies and services will be established by the
Department of Public Safety. No Participating Agency will directly accept or receive payment
for services rendered to a patient.
SEC. 11-84. FIRE SERVICE FEES AND CHARGES PROGRAM.
(a) Fee Schedule: The Board of Supervisors is authorized to establish Fire Service Fees and
Charges for the use of the County-recognized Fire District equipment and Department of Public
Safety equipment, supplies, and personnel in the performance of firefighting and rescue
operations. The Board of Supervisors, upon the Commission’s recommendation, shall set Fire
Service Fees and Charges annually. Said Fee Structure is based upon the number and nature of
the equipment, supplies, and personnel used in the emergency operation.
(1) The County, or its agent, shall generate a bill for Fire Service whose point of
origin is within the boundaries of the County performed by all Fire Departments operated by an
agency licensed and chartered in the County by the Commonwealth of Virginia, and mentioned
in Section 11-11(b). Organizations are required to submit information required for the County,
or its agent, to generate a bill for such services. The County will not generate a bill for fire
service by organizations mentioned in Section 11-11(b) that would be considered humanitarian
assistance (meaning activities not undertaken as a result of a call for emergency assistance to the
County Public Safety Communications Center). Information shared under this Subsection shall
be that information reasonably necessary to accomplish the billing process or other arrangement
as mutually agreed to by the recognized agency and the County.
(2) The County may generate a bill for Fire Service in the primary response areas of
organizations mentioned in Section 11-11(b) and in adjoining localities by separate agreement
between the County, the adjoining locality, and the organization.
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(3) Fees and Responsibility for Payment: Payment of all charges for Fire Services,
shall be the responsibility of the parent, guardian, or other legally responsible party in the case
of a minor or an individual deemed incompetent.
(b) Reserved.
(c) Billing Contractor: The County may contract with a third-party for billing and related
services.
(d) Collections: Billing and collection policies and services will be established by the
Commission. No organization mentioned in Section 11-11(b) will accept or receive payment
directly for services rendered.
(e) Nothing in this Section shall require County agencies to participate in this Billing
Program.
(f) Billing Process: Responsible Parties will fall into one (1) of the following categories for
billing purposes:
(1) The appropriate homeowners/automobile insurance carrier will be billed in
accordance with Section 38.2-2130, code of Virginia, 1950, as amended. Any applicable
copayments, co-insurance, deductibles, or other similar payments, will be billed to the
responsible party except as provided for herein.
(g) Billing Contractor: The Board of Supervisors may contract with a third-party for billing
and related services.
(h) Ability to Pay Program:
(1) When any homeowner/automobile owner is billed for Fire Service or copayment
pursuant to this Ordinance, and because of limited financial resources or assets, a procedure shall
be established by the Department of Public Safety for such insured person and/or responsible
party to apply for a reduction or waiver in the charge due.
(2) The Department of Public Safety shall establish an Ability to Pay scale and
eligibility criteria for individuals who can demonstrate financial hardship.
(3) The Ability to Pay Program shall establish an equitable fee policy for those
situations where the insured person and/or responsible party is/are unable to meet the Fire
Service charge because of demonstrated financial hardship.
(4) An insured party and/or responsible party representing that there exists a financial
hardship may submit information sufficient to determine such hardship. If it is determined that
payment of the Fire Service Fees and Charges creates a financial hardship, charges due may be
reduced or waived according to the scale by the Department of Public Safety.
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(i) Collections: Billing and collection policies and services will be established by the
Department of Public Safety. No Participating Agency will directly accept or receive payment
for services rendered to a patient.
SEC. 11-85. RESERVED.
SEC. 11-86. DESTRUCTION OF EQUIPMENT.
The County may charge for all equipment damaged or destroyed at the scene of a Fire/EMS call
and/or all supplies utilized in said activity.
SEC. 11-87. BILLING; USE OF FUNDS.
Billing for the fees imposed herein shall be managed by the Director of Public Safety, and all
funds shall be returned to the Agency generating said funds and utilized by appropriation by the
Board of Supervisors for the purchase, operation, repair, and maintenance of equipment,
supplies, and training for Fire/EMS personnel.
SEC. 11-88. NON-DEPARTMENTAL EMS PROVIDER.
a) Permits:
(1) It shall be unlawful for any person or organization to provide emergency
medical services, medical transportation, or operate vehicles for those purposes within the
confines of the County for the emergency or nonemergency transportation of patients, without
first being granted a permit by the Director of Public Safety, except when a Mutual Aid
Agreement has been approved by the Director or pursuant to Mutual Aid arrangements
authorized by statute and approved by the Director. The Director may issue such permits
including conditions established by the Department. This requirement shall not apply to any
EMS agency recognized by the County Code, any private ambulance service provider under
contract with the County, or any hospital based private ambulance service provider operating
from a hospital within the borders of the County.
(2) Permits shall expire one (1) year from the date of issuance unless renewed by
the Director in accordance with regulations of the department. Fees for said permit shall be
established by the Fire and Rescue Commission. Fees collected from said permits shall be
used for the requirement and retention of Volunteer Fire and Rescue Members.
(3) The Director may decline to renew, revoke, or suspend any permit upon a
finding that any conditions of the permit have been violated, that Federal, State, local laws, or
regulations have been violated or that the public health, safety, or welfare is endangered by
continued operation of the entity. Except in the case of a condition posing a danger to the
public health or safety, no nonrenewal, revocation, or suspension action shall be taken by the
Director prior to notice and reasonable time being given to the permittee for correction of the
condition.
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(4) Non-departmental applicants and providers shall provide to the Director any
information and records requested during the course of the application or renewal process or
during the effective period of any permit.
b) Procedure for Permit Applications:
(1) Any person or organization desiring a permit shall make application to the
Director on a form prescribed by the Director.
(2) Each application shall include an explanation of the need for the services in the
area to be served by the applicant, a complete description of the type of service proposed,
evidence that the applicant is trained, equipped and otherwise qualified in all respects to render
first-aid, emergency, and transportation services in the area indicated in the application, and
certification or other information related to criminal and driving records of providers if
required by the Director.
(3) Each permit application shall include any other information required by the
Director and the applicant's notarized certification that all requisite State permits and
certifications for its vehicles, operations, and personnel are current and that its operations, and
personnel meet all applicable current Federal, State, and local requirements.
(4) Each applicant shall certify that no person who is to provide services is, or shall
be, under the age of eighteen (18) years.
(c) Issuance and Administration:
(1) The Director shall consider each properly filed application. Should the Director
find:
i. That there is a need for the specified type of EMS within the County;
ii. That the need will be properly served by the applicant; and
iii. That the applicant and any employees or personnel of the applicant are property trained
and, equipped and otherwise qualified, the Director may issue a permit under such conditions as
the director deems appropriate.
(2) Copies of all applications and all permits shall be retained by the Director, who
shall be responsible for reviewing the permit prior to expiration and either renewing the permit
or denying the renewal, or other action.
(3) The Director may suspend or revoke the permit of any permittee should it be
found by the Director, upon investigation, that the permittee is not in compliance with Federal,
State, or local laws, regulations, or conditions of the permit or that the continued operation
poses a danger to public health, safety, or welfare.
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(4) Except in the case of a condition posing a danger to the public health or safety,
no revocation, nonrenewal, or suspension action shall be taken prior to written notice and
reasonable time being given to the permittee for correction of the condition.
b) Penalty:
(1) Failure to comply with this section shall result in a $1,000 civil fine for the first
offense in a twelve (12) month period, a $1,500 fine for the second offense in at twelve (12)
month period and $2000 fine for any subsequent violation(s) in a twelve (12) month period.
SEC. 11-89. - 90. RESERVED.
SEC. 11-91. PROVISION OF FIRE DEPARTMENT SERVICES AND EMERGENCY
MEDICAL SERVICES AT PUBLIC EVENTS OR PRIVATE BUSINESSES OR PLACES
OF PUBLIC ENTERTAINMENT.
a) The County Administrator is empowered to direct the Director of Public Safety to
assign Fire and EMS personnel at public events or private businesses or places of public
entertainment where the character of such public event or private business or public
entertainment is, in the opinion of the Director of Public Safety, such as to make it advisable
to have Fire and EMS personnel at the event.
b) The number of personnel assigned to such public event or private business or place of
public entertainment shall be determined by the Director of Public Safety in coordination with
the promoter or person in charge of such event, business, or place. The personnel assigned
shall at all times be under the supervision of the Director of Public Safety, or his/her designee,
and subject to the rules and regulations of the Public Safety Department.
c) Fees or charges for the use of Fire and EMS personnel and apparatus pursuant to this
Section shall be in such amount as is prescribed by the Department. All such fees shall be paid
in advance to the Director of Public Safety, and by him/her, paid over to the Director of
Finance. All fees earned shall be directed back to the agency providing personnel and
apparatus.
Approved by the BOS 9/17/2019.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: BZA Appointment Recommendation (Supervisor Dalton)
Staff Contact(s): Supervisor Dalton
Agenda Date: January 18, 2022 Item Number: 12.f
Attachment(s):
Reviewed By:
SUMMARY:
Supervisor Dalton will lead discussion regarding the Board’s recent Board of Zoning Appeals
appointment recommendation.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
For the Board’s discussion and consideration.
MOTION:
For the Board’s discussion and consideration.
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