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04-21-2020 Business Meeting Minutes - FINALApril 21, 2020 Business Meeting Pittsylvania County Board of Supervisors Business Meeting April 21, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on April 21, 2020, in the Gallery Room of the Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531. Chairman, Chatham Blairs District, Robert "Bob" W. Warren, 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 Robert W. "Bob" Warren Chairman - Chatham Blairs District Present 6:29 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:30 PM Joe B. Davis Supervisor - Dan River District Present 6:30 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:31 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:30 PM William "Vic" Ingram Supervisor - Tunstall District Present 6:33 PM Charles H. Miller Supervisor - Banister District Present 6:30 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Consent Agenda: 1. Add revised Resolution #2020-04-04 (Annual Leave Maximum Carryover Approval); 2. Add EMS Job descriptions approval as item 7(u); and 3. Delete item 7(w). Items to add from Matters from Closed Session: 1. 14(a) Project TEN Local Performance Agreement Approval; 2. 14(b ) Reassessment Services; 3. 14(c) Approval of County Administrators Employment Agreement; and 4. 14(d) Approval of County Attorneys Employment Agreement. Item to add as Closed Session: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Personnel Complaint Letter Purpose: Consultation with Legal Counsel/Provision of Legal Advice April 21, 2020 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to Approve the Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Proclamation: National Service Recognition Day (Staff Contact: Kaylyn M. McCluster) c. Proclamation: National Law Day (Staff Contact: Kaylyn M. McCluster) d. Proclamation: National Teacher Appreciation Week (Staff Contact: Kaylyn M. McCluster) e. Proclamation: National Police Week (Staff Contact: Kaylyn M. McCluster) f. Proclamation: Foster Care Awareness Month (Staff Contact: Kaylyn M. McCluster) g. Jefferson Subdivision Vacation Authorization (Staff Contact: Karen N. Hayes) h. Resolution # 2020-04-03: Mount Hermon Fire and Rescue Tax-Exempt Financing Utilization Approval (Staff Contact: Christopher C. Slemp) i. Proclamation: National Public Safety Telecommunicators Week (Staff Contact: Kaylyn M. McCluster) j. DRT Contract Amendment Approval (Staff Contact: Christopher C. Slemp) k. Fire and Rescue Commission Resolution #2020-04-01 Approval Ratification and County Administrator Authorization to Offer Conditional Employment to Selected DRT Employees for Potential Future County EMS Employment (Staff Contact: Christopher C. Slemp) l. Intent to Abandon VDOT Right-of-Way at Old Blairs Middle School Declaration (Staff Contact: Richard N. Hicks) April 21, 2020 Business Meeting m. Altavista/Hurt Waste Hauling Commercial Hauler Contract Approval (Staff Contact: Richard N. Hicks) n. Contract Execution Approvals for: (1) Financial Advisory Services; (2) Auditing Services (Staff Contact: Connie M. Gibson) o. Generator Preventive Maintenance and Repairs (Staff Contact: Connie M. Gibson) p. Authorization to Sell Rescue 1 Vehicle (Staff Contact: Christopher C. Slemp) q. Solid Waste Enterprise Fund Appropriation (Requires 10-day Holdover); (Staff Contact: Kimberly G. Van Der Hyde) r. Budget Amendments: (1) WIA Grant and (2) Awards and Certificates Carry Over Funds (Staff Contact: Kimberly G. Van Der Hyde) s. Resolution # 2020-04-04: Annual Leave Maximum Carryover Extension Approval (Staff Contact: Holly E. Stanfield) t. Sheriff Medical Billing Compliance Analyst Job Description Approval (Staff Contact: Holly E. Stanfield) u. Proclamation: National Animal Control Appreciation Week (Staff Contact: James P. McLaughlin) v. EMS Job Description Approval (Staff Contact: Christopher C. Slemp) ITEMS REMOVED FROM CONSENT AGENDA w. BB&T Repayment Authorization (Staff Contact: Robin Goard) RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller PRESENTATIONS None. HEARING OF THE CITIZENS Alan Casper, Callands-Gretna District, represented Gretna Fire and Rescue. He spoke in his capacity as Deputy Chief, Gretna Fire and Rescue, and spoke on the disservice being done to his Department. He stated Gretna was answering only answering 31% of their calls. On July 1, 2019, a merger with Gretna Rescue occurred, and increased their call coverage to 90% to rescue and 100% on fire. Chad Hogan, Callands-Gretna District, spoke on behalf of Gretna Fire and Rescue and stated his concern of lack of communication and the lack of funding. He requested clear communication between all for Fire and EMS. Benjamin Meeks, Callands-Gretna District, spoke on behalf of Gretna Fire and Rescue stating that they are the busiest Fire and Rescue agency in the County. He also stated his concerns for the needs of Fire and Rescue and wants all agencies to be April 21, 2020 Business Meeting treated fairly. Mr. Warren thanked the Fire and Rescue volunteers for their service, but also stated that he wanted to correct a statement regarding the funds being frozen for Capital needs. That is a rumor and things will be discussed at the coming Finance Committee Meetings regarding the impacts of COVID-19 and funds coming from the State level. Scottie Adams, Callands-Gretna District, spoke on behalf of Cool Branch Fire and requested to be on Consent for Tax Relief. He stated they need to have the approval tonight for the money to be approved for their truck that has already been approved at the bank. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-20-005; Ricky and Debra Dillion; Chatham- Blairs Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Chairman Warren) Mr. Warren opened the Public Hearing at 7:41 PM. No one signed up to speak. Mr. Dillon was present to represent the Petition. Mr. Warren closed the Public Hearing at 7:41 PM. Motion to rezone .603 of an acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with their adjacent parcel of land zoned A-1). RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 2: Public Hearing: Rezoning Case R-20-006; RE Blue Ridge, LLC; Banister, Callands- Gretna & Tunstall Election Districts, R-1, Residential Suburban Subdivision District, to A- 1, Agricultural District (Supervisors Warren, Miller, and Ingram) Mr. Warren opened the Public Hearing at 7:44 PM. Adam Peterson was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:44 PM. Motion to rezone a total of 132.56 acres, eight (8) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for a solar energy facility, which will also require a Special Use Permit). RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller April 21, 2020 Business Meeting Case 3: Public Hearing: Rezoning Case R-20-007; Amos Wilson; Tunstall Election District; A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Contact: Supervisor Ingram) Mr. Warren opened the Public Hearing at 7:46 PM. Mr. Wilson was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:46 PM. Motion to rezone .398 of an acre from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to be combined with his adjacent parcel of land zoned R-1). RESULT: APPROVED [UNANIMOUS] MOVER: William "Vic" Ingram, Supervisor - Tunstall District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 4: Public Hearing: Rezoning Case R-20-008; Ralph & Dolores Rosenbaum, Staunton River Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Dudley) Mr. Warren opened the Public Hearing at 7:47 PM. Mr. Rosenbaum was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:47 PM. Motion to rezone a total of 15.01 acres, three (3) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses). RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 5: Public Hearing: Rezoning Case R-20-009; Kimberly Wade; Staunton River Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Dudley) Mr. Warren opened the Public Hearing at 7:49 PM. Ms. Wade was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:49 PM. Motion to rezone a total of 10.09 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses). April 21, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 6: Public Hearing: Rezoning Case R-20-010; Douglas Rogers; Staunton River Election District; R-1, Residential Suburban Subdivision District; to A-1, Agricultural District (Contact: Supervisor Dudley) Mr. Warren opened the Public Hearing at 7:52 PM. Mr. Rogers was present to represent the Petition. Mr. Rogers stated that the zoning office was very helpful and professional while helping him through this process. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:52 PM. Motion to rezone a total of 82.96 acres, twelve (12) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses). RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: Revisions to PCC § 35-50 (Staff Contact: J. Vaden Hunt, Esq.) Pittsylvania County Code (“PCC”) § 35-50, currently provides exemptions to the County’s Zoning Ordinance for various structures and uses. The proposed revision to PCC § 35- 50, seeks to add the following additional exemption: “5. Interstate natural gas transmission pipelines, compressor stations, metering stations, and related facilities certified by the Federal Energy Regulatory Commission under the Natural Gas Act.” This exemption affects related industries that have previously complied with an intensive and comprehensive federal vetting, notice, public comment, and review process. This proposed PCC revision has been duly and legally advertised and noticed. Mr. Warren opened the Public Hearing at 7:55 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:55 PM. Motion to approve the revision to Pittsylvania County Code § 35-50 as presented. April 21, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Disposition of Publicly Owned Property/Building to PCCA (Staff Contact: Richard N. Hicks) At the Board’s March Business Meeting, County Staff made the Board aware of a significant plumbing issue at the County-owned building at 348 North Main Street, Chatham, Virginia 24531 (“Property”). The Property is currently being leased by the Pittsylvania County Community Action, Inc. (“PCCA”). For your reference and review, a copy of the current Lease is attached. The Board instructed County Staff to schedule a Public Hearing at its April Business Meeting to consider the transfer of ownership of the Property to the PCCA. The Property being considered includes the following: two (2) parcels consisting of the building and land (GPIN #’s 2426-04- 8699 and 2426-04-9763). In accordance with Virginia Code § 15.2-1800(B), the Public Hearing has been duly and legally advertised. Mr. Warren opened the Public Hearing at 7:57 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:57 PM. Motion to transfer ownership of the Property as presented to the PCCA and authorize the County Attorney to prepare all necessary legal transfer documents. RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS None. APPOINTMENTS None. MATTERS FROM WORK SESSION (IF ANY) a. Project TEN Local Performance Agreement Approval April 21, 2020 Business Meeting Mr. Warren announced that Ennis Inc will be expanding and will have 15 new jobs in the County. Motion to approve the Ennis Local Performance Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Reassessment Services Motion to authorize County Staff to begin negotiations with the County’s reassessment services with Brightmind’s LLC., and if successful during said negotiations, to execute a contract, related thereto up to $1M. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller c. Approval of County Administrator's Employment Agreement Motion to approve the County Administrator’s Employment Agreement as presented. RESULT: APPROVED [6 TO 0] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Ingram, Miller ABSTAIN: Farmer d. Approval of County Attorney's Employment Agreement Motion to approve the County Attorney’s Employment Agreement as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS Mr. Dudley stated they started a feeding program for the children in Hurt. He introduced Gary Hodnett, Town of Hurt Mayor, and Shirley Barksdale-Hill, Vice-Mayor. Mr. Ingram stated that he has been on the Danville-Pittsylvania Cancer Board and Brynlee Stevenson is a survivor and they are holding a drive-by parade tomorrow for her birthday. He also thanked and acknowledged telecommunicators for their hard work and dedication as the true first responders. He also thanked the Fire and Rescue volunteers. Mr. Farmer stated all four (4) speakers during the Hearing of the Citizens were from his District. He spoke with all gentleman before the meeting and also spoke with Mr. Slemp regarding development of a formula to fairly distribute the Fire and Rescue money. Mr. Warren thanked the Sheriff his hard work and the program he is doing to care for the elderly April 21, 2020 Business Meeting within the County. He also thanked County Staff for their continued work during the COVID-19 Pandemic. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated employees are working from home and taking a lot of appointments by phone. He has plans to begin working with the Executive Team on Thursday for four (4) hours to determine what happens after COVID-19. Sunday closures at Convenience Centers is to allow catch-up time for employees, and they anticipate the trash load will probably slow down after Spring cleaning is done. CLOSED SESSION Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Personnel Complaint Letter Purpose: Consultation with Legal Counsel/Provision of Legal Advice Motion to enter Closed Session. The Board entered Closed Session at 8:25 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller The Board returned to Open Session at 9:55 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors (the “Board”) on April 21, 2020, 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 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 “Vic” Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. “Bob” Warren Yes April 21, 2020 Business Meeting ADJOURNMENT Mr. Warren adjourned the Meeting at 9:56 PM. April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting April 21, 2020 Business Meeting