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06-18-2019 Business Meeting Minutes - FINALJune 18, 2019 Business Meeting Pittsylvania County Board of Supervisors Business Meeting June 18, 2019 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on June 18, 2019 in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Joe B. Davis Chairman - Dan River District Present 6:52 PM Charles H. Miller Vice Chairman - Banister District Present 6:52 PM Tim R. Barber Supervisor - Tunstall District Present 6:53 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:52 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:50 PM Ronald S. Scearce Supervisor - Westover District Present 6:57 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 6:52 PM AGENDA ITEMS TO BE ADDED Motion to add under Matters from Work Session as item 14c., Out-Of-County Solid Waste, and to add a Closed Session, Potential Solid Waste Convenience Center Site(s), to the Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. Board of Supervisors June 18, 2019 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren a. Minutes: May 14, 2019, Work Session and Business Meeting, and June 4, 2019, Legislative Committee Meeting (Staff Contact: Kaylyn M. McCluster) b. DRT Housing Agreements for Mount Hermon Fire & Rescue and Chatham Rescue Squad (Staff Contact: Christopher C. Slemp) c. EMAC Billing Fee Increase Public Hearing Authorization (Staff Contact: Christopher C. Slemp) d. EMS Billing Services Contract Approval (Staff Contact: Christopher C. Slemp) e. Town of Hurt Storm Landfill Tipping Fee Waiver Authorization (Staff Contact: Richard N. Hicks) f. Childs Deed Acceptance (Staff Contact: J. Vaden Hunt, Esq.) g. County/SPCA Thrift Store MOU Execution Approval Ratification (Staff Contact: Gregory L. Sides) h. Ratification of Resolution in Support for Mega Site Connector Road (Staff Contact: Matthew D. Rowe) PRESENTATIONS HEARING OF THE CITIZENS PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-19-014; Jasmine E. Barbee; Tunstall Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides); (Supervisor Barber) Mr. Davis opened the Public Hearing at 7:05 PM. Ms. Barbee was present to represent the Petition. No one signed up to speak, and Mr. Davis closed the Public Hearing at 7:07 PM. Motion to rezone 3.77 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for subdivision of the property for family). Board of Supervisors June 18, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Case 2: Public Hearing: Rezoning Case R-19-019; Matthew and Jennifer Miller; Callands- Gretna Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides); (Supervisor Farmer) Mr. Davis opened the Public Hearing at 7:08 PM. Mr. and Mrs. Miller were present to represent the Petition. No one signed up to speak, and Mr. Davis closed the Public Hearing at 7:09 PM. Motion to rezone 15.24 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses). RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Other Public Hearings 1. Public Hearing: VDOT Secondary Six (6)-Year Plan Approval (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:12 PM. Mr. Hunt stated that each year, the Board and the Virginia Department of Transportation (“VDOT”) are required to hold a Public Hearing to receive citizen input on the proposed Secondary Six (6)-Year Plan. Jay Craddock, VDOT Assistant Resident Engineer, presented the proposed plan to the Board, and noted that Farmer's Road was a typo and should be 2020. No one signed up to speak, and Mr. Davis closed the Public Hearing at 7:17 PM. Mr. Barber requested Ed Hardy Road to be checked out due to damage from storms in the Fall. Motion to approve the VDOT Secondary Six (6)-Year Plan, FY2020 - FY2025, and that the County Administrator be authorized to sign any necessary documentation. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren 2. Public Hearing: AEP Comprehensive Plan Compliance Public Hearing WITHDRAWN BY APPLICANT (Staff Contact: Gregory L. Sides) This item was withdrawn by the applicant and there was no Public Hearing held. Board of Supervisors June 18, 2019 Business Meeting RESULT: WITHDRAWN [UNANIMOUS] AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren UNFINISHED BUSINESS a. Potential Enterprise Zone Amendment Approval and Public Hearing Advertisement Authorization (Staff Contact: Matthew D. Rowe) Susan McCulloch was present and stated after prior citizen input and feedback, County Staff requests that the Board consider including Hargrave Military Academy into Enterprise Zone 57. This modification was presented to the Legislative Committee on June 4, 2019. Motion to direct Staff to re-advertise for a Public Hearing in July and amend the Enterprise Zone to include Hargrave Military Academy. RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren NEW BUSINESS a. RIFA Cane Creek Bond Refinancing Authorization (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated, in 2005, the Danville-Pittsylvania Regional Industrial Facilities Authority (“RIFA”) issued variable rate revenue bonds in an aggregate principal amount of $7,300,000 to fund expenses related to developing Cane Creek Centre. This Project was jointly supported by the City of Danville (“Danville”) and the County. Danville and the County recently received a credit commitment from Wells Fargo Bank to refinance the 2016 taxable revenue refunding bonds (the “Bonds”). The principal amount being refinanced at this time is an amount not to exceed $2,545,000. The rate that has been negotiated with Wells Fargo is an indicative fixed rate of 3.95% for a term of 5 ½ years. The actual fixed rate for this refunding shall be determined on the rate set date. The Bonds will be paid off in 2025. A Moral Obligation Pledge will be required from both Danville and the County in the form of Support Agreements. This will not add to the County’s existing moral obligations; it will simply replace the existing Support Agreement that will expire with the current Letter of Credit. The RIFA Board approved its Resolution to refinance at its June 10, 2019, Meeting. Danville will also pass a similar Resolution as the one being presented to the Board at its June 18, 2019, Meeting. Motion to approve the attached Support Agreement and Resolution # 2019-06-01 to refinance RIFA’s outstanding Revenue Refunding Bond Series 2016. Board of Supervisors June 18, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren b. Colonial Pipeline Grant Appropriation (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated the County recently received a check in the amount of $10,000 from the Colonial Pipeline for a Hazmat Grant. These funds will be used by the County’s Public Safety Department to purchase hazmat supplies. The Colonial Pipeline Grant, totaling $10,000, requires no local match, but needs to be appropriated in the following manner: line item # 250-4- 032417-601400 Hazmat Supplies $10,000. Motion to accept the Colonial Pipeline Grant, and appropriate a total of $10,000 to the Grants Fund. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren c. Radio Tower Project Change Order (Staff Contact: Richard N. Hicks) Mr. Hicks stated that in November of 2017, the Board of Supervisors awarded the bid for the equipment to be installed on the new Tunstall Fire Department and Old Mayfield Convenience Center radio towers to Harris in the amount of $1,184,000. This bid was awarded prior to the construction bids in order to allow Harris to order the equipment that would have a long lead time. The bid for the construction of the towers was delayed due to the bid costs being above the projected budget. Staff spent the next several months negotiating with Black & Veatch to get the project within budget. Those negotiations were successful and the Board of Supervisors awarded the bid on June 19, 2018. There was a tremendous amount of preliminary work that needed to be done prior to the start of construction. One of the major components of this process was to gain federal approval from the FCC for the tower construction. This approval was delayed due to the government shutdown and resulted in another 2-3 month delay. On November of 2018, staff was provided a revised project schedule that indicated the project would be completed by the end of April 2019. In 2019, staff discovered that additional work would be necessary on the Kentuck (Dan River Middle School) tower in order to accommodate equipment from the County and 2 cellular companies. Design work had to be completed on these modifications. Construction of the 2 towers is currently underway and the latest completion date for the towers and the modifications to Kentuck is August of 2019. Harris cannot begin the installation of the equipment until the towers are completed and accepted. Attached for your review and consideration is a request from Harris to approve Change Order 3, which includes an acceptance date of September 23, 2019. They are also requesting a price increase of $16,275 to cover costs of equipment storage and continued project support during the delay. They have continued to monitor the progress on the project and have had staff involved in all of the project meetings to date. Their portion of the project was originally scheduled to be completed by October 2, 2018. Board of Supervisors June 18, 2019 Business Meeting This puts them almost a year beyond the original schedule. Harris had agreed to prior time extensions at no cost on September 25, 2018 and January 24, 2019. Mr. Farmer asked if there were any provisions in the current contract that would warn us for additional costs and Mr. Hunt replied there were not. Mr. Blackstock asked if there is money in a contingency line item, and Mrs. Van Der Hyde stated there is capital money in building and grounds line items. Mr. Blackstock asked if Mr. Hunt feels this is necessary, and he agreed that it was. Mr. Hicks stated that the Company does have Staff time as well as storage costs that were incurred over the past year and he does not feel this is an unreasonable request. Motion to approve Change Order 3 To Amendment No. 6 with Harris in the amount of $16,275.00 and the extension of the acceptance date to September 23, 2019. RESULT: APPROVED [5 TO 2] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Scearce, Warren NAYS: Blackstock, Farmer APPOINTMENTS a. Appointment: DCC Board of Trustees; John Mead (Staff Contact: Kaylyn M. McCluster) Motion to re-appoint John Mead to the Danville Community College Board of Trustees for another four (4)-year term, beginning on July 1, 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren b. Appointment: DCC Board of Trustees; At-Large Seat (Staff Contact: Kaylyn M. McCluster) Motion to appoint Lillian Cassada to the Danville Community College Board of Trustees for a four (4)-year term, beginning on July 1, 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren c. Appointment: Danville Pittsylvania Community Services Board (Contact: Supervisor Farmer) Motion to re-appoint Kim Van Der Hyde to the Danville Pittsylvania Community Services Board for another three (3)-year term, beginning on July 1, 2019. Board of Supervisors June 18, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren d. Appointment: Danville Pittsylvania Community Services Board (Supervisor Miller) Motion to appoint Dexter Miller to the Danville Pittsylvania Community Services Board for a three (3)-year term, beginning on July 1, 2019. RESULT: APPROVED [6 TO 1] MOVER: Charles H. Miller, Vice Chairman - Banister District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Warren NAYS: Scearce e. Appointment: Library Board; Alice Shelton (Contact: Supervisor Warren) Motion to re-appoint Alice Shelton to the County’s Library Board as the Chatham-Blairs Representative for another four (4)-year term, beginning on July 1, 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren f. Appointment: Library Board; Shelby Buffington (Contact: Supervisor Farmer) Motion to re-appoint Shelby Buffington to the County's Library Board as the Callands-Gretna Representative for another four (4)-year term, beginning on July 1, 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren MATTERS FROM WORK SESSION (IF ANY) a. Legislative Committee Action Items (Staff Contact: J. Vaden Hunt, Esq.) The Board’s Legislative Committee met on June 4, 2019. Mr. Hunt stated County Staff recommends the full Board follow the LC’s unanimous recommendations and authorize the advertisement of the following Public Hearings for the July Business Meeting: (1) Lack of Control of Companion Animal Ordinance; and (2) the Ordinances relating to the following five (5) Virginia Code Sections that the Honorable Michael Taylor, Sheriff, desires to add to the County Code: (a) Virginia Code § 15.2-1716.1, Reimbursement of Expenses Incurred in Responding to Terrorism Hoax Incident, Bomb threat, or Malicious Activation of Fire Alarm; (b) Virginia Code § 15.2-1716.2, Methamphetamine Lab Cleanup Costs; Localities may Charge for Board of Supervisors June 18, 2019 Business Meeting Reimbursement; (c) Virginia Code § 15.2-1717, Preventing Interference with Pupils at Schools; (d) Virginia Code § 15.2-1717.1, Designation of Police to Enforce Trespass Violations; and (e) Virginia Code § 15.2-1719, Disposal of Unclaimed Property in Possession of Sheriff or Police. Mr. Farmer asked about status of the Ad-hoc Committee looking at the proposed Fire and Rescue Ordinance, and Mr. Slemp stated he is in the process of setting a meeting. Motion to authorize County Staff to advertise the aforementioned Public Hearings to be held at the July Business Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren b. Go Virginia Robotic Grant Match Funding Commitment Confirmation (Staff Contact: Gregory L. Sides) A request was recently received by the County from Dr. Betty Jo Foster, Interim Danville Community College (“DCC”) President, on behalf of the consortium of Pittsylvania County Schools, Danville Public Schools, Danville Community College, and the Institute for Advanced Learning and Research, to financially participate in a $9,431,883 Grant to train Pittsylvania County School (“PCS”) students in Robotics, Automation, and Information Technology (the “Program”). This Program will create similar workforce pipelines to those of the existing Precision Machining ones. The Danville Regional Foundation (“DRF”) has approved $5,698,993 for the Program, contingent on matching funds being secured. $3,732,890.50 was provided from other sources, with Go Virginia Grant(s) accounting for the majority. Go Virginia declined to fund the Information Technology portion of the request, leaving a $288,378 shortfall for PCS training laboratories. The other partners in the consortium have agreed to fund their IT Grant shortfall. For the County, the requested $288,377.50 will be matched with $311,447.70 in DRF funding to create high-tech IT training labs at each of the high schools and the Career and Technical Center. It is understood that the funding must be provided by June 30, 2021. This item was discussed at the Board’s earlier Work Session. Motion to appropriate $96,126 from unused Grant proceeds for FY 2020, and seek $96,126 from the County’s Industrial Development Authority for FY 2021, and $96,126 from the Pittsylvania County Schools for FY 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren c. Out-of-County Solid Waste At the Board’s earlier Solid Waste Committee Meeting and Work Session, there was discussion Board of Supervisors June 18, 2019 Business Meeting regarding potentially allowing Out-of-County Solid Waste be disposed of at the County’s Landfill to offset future County Landfill costs. Motion to authorize County Staff to submit a proposal to potentially dispose of Bedford County’s Solid Waste at the County Landfill. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren BOARD MEMBER REPORTS Mr. Barber welcomed the new citizens to Pittsylvania County that were in attendance. Mr. Blackstock invited everyone to come out to the rodeo being put on by Daniel Lanier in Grit this weekend. Mr. Farmer recognized Chatham High School’s baseball team in winning the State Championship, and also commended Mayor Poindexter for the way he handled the storms in the Town of Hurt. Dr. Miller stated he was pleased with the United States Supreme Court’s decision to uphold Virginia's ban on uranium mining. Mr. Warren also commended Chatham High School’s baseball team on its State Championship and Mr. Anderson on his efforts. He also commended the volunteers in Hurt for their hard work and efforts during the storms and cleanup. Mr. Davis complimented Staff for their encouragement and hard work. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated that next month there would be a thorough update on the Pet Center's activities over the past six (6) months. He also commended the Landfill crew for their hard work and efforts in transforming the way the Landfill operates to make the Landfill's lifespan be maximized. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 8:05 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren a. Closed Session Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Richard N. Hicks) Board of Supervisors June 18, 2019 Business Meeting (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Potential Solid Waste Convenience Center Site(s) Purpose: Discussion of Acquisition of Real Property for a Public Purpose RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 8:23 PM, and the following Certification was recorded: CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on June 18, 2019, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (the “Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board’s Minutes. Vote Tim R. Barber Yes Elton W. Blackstock Yes Joe B. Davis Yes Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes ADJOURNMENT Mr. Davis adjourned the Meeting at 8:25 PM. __________________________________________ Joe B. Davis, Chair Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors