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06-16-2020 Business Meeting - FINALJune 16, 2020 Business Meeting PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING June 16, 2020 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on June 16, 2020 in the Gallery Room of the Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 7:00 PM. The following Board Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:41 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:43 PM Joe B. Davis Supervisor - Dan River District Present 6:43 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:37 PM Ben L. Farmer Supervisor - Callands-Gretna District Remote 7:00 PM William ("Vic") Ingram Supervisor - Tunstall District Present 6:36 PM Charles H. Miller, Jr. Supervisor - Banister District Present 6:44 PM Mr. Farmer participated remotely via phone from 328 West Sandpiper Terrace, Nags Head, North Carolina 27959. AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: • Consent Agenda as item 7n: -Amended County/PCSA Service Agreement. • Matters from Work Session: -Sheriff Vehicle Lease Program; -Annual Audit and Financial Reporting Program for Agencies as required in the FY21 Budget Resolution; and -CRF Funds for defibrillator purchase. 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 APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: William "Vic" Ingram, Supervisor - Tunstall District SECONDER: Timothy W. Dudley, Supervisor - Staunton 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: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes (Staff Contact: Kaylyn M. McCluster) b. VDOT Truck Restriction Revised Resolution Adoption (Staff Contact: Kaylyn M. McCluster) c. Resolution # 2020-06-02 (Old Blairs Middle School Road Abandonment) Approval (Staff Contact: Richard N. Hicks) d. Proclamation: Business Appreciation Week (Staff Contact: Kaylyn M. McCluster) e. Purchase of Service Weapon (Contact: Sheriff Taylor) f. County/Health Department COVID-19 Testing Cost Sharing MOU Approval (Staff Contact: Kimberly G. Van Der Hyde) g. Administrative, Actuarial, Consulting, and Retirement Services Agreement (Staff Contact: Kimberly G. Van Der Hyde) h. Sheriff Memorandum of Agreement Approval (Staff Contact: Holly E. Stanfield) i. VDOT Solid Waste Acceptance at County Landfill Approval (Staff Contact: Richard N. Hicks) j. Brightminds Reassessment Services Contract Approval Ratification (Staff Contact: Connie M. Gibson) k. Fire and Rescue Insurance Contract (Staff Contact: Christopher C. Slemp) l. Inmate Telephone Services Contract Award (Staff Contact: Connie M. Gibson) m. New Job Description Approval (Staff Contact: Richard N. Hicks) n. Amended County/PCSA Service Agreement (Staff Contact: J. Vaden Hunt, Esq.) PRESENTATIONS None. HEARING OF THE CITIZENS None. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-20-012; Beulah S. Robinson; Banister Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Miller) Mr. Warren opened the Public Hearing at 7:06 PM. Mr. Armstrong was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:07 PM. Motion to rezone two (2) parcels of land, totaling 2.22 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with her adjacent parcels of land zoned A-1). 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 Case 2: Public Hearing: Rezoning Case R-20-013; Jeffrey and Wendy Davis; Callands- Gretna Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Farmer) Mr. Warren opened the Public Hearing at 7:08 PM. Ms. Davis was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:09 PM. Motion to rezone two (2) parcels of land, totaling 3.20 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a second dwelling on the property for a family member). RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: Electronic Gaming Regulations PCC Revisions (Staff Contact: Emily S. Ragsdale) To better regulate electronic gaming in the County, County Staff recommends the following revisions to the County’s Zoning Ordinance: (1) Moving “amusement centers; game rooms; electronic games; game machines; machine arcades amusement shops” from Pittsylvania County Code (“PCC”) § 35-365, Permitted Uses, to PCC § 35-366, Special Use Permits under B-2; and (2) Adding additional regulations to “Other Regulations” in both B-1 (PCC § 35-356) and B-2 (PCC § 35-375) to define “electronic gaming establishments.” On June 2, 2020, the Planning Commission unanimously recommended, with no opposition. Mr. Warren opened the Public Hearing at 7:11 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:14 PM. Motion to approve the Pittsylvania County Code revisions 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 2. Public Hearing: Board Compensation Adjustment to Comply with Virginia Code § 15.2-1414.3 (Staff Contact: David M. Smitherman) PCC § 22.1 currently provides for Board Members’ annual salaries. By Ordinance, in 2016, the Board established its annual salaries as $8,400, and further established additional annual compensation for the Board Chairman of $1,800. Virginia Code § 15.2-1414.3, attached, establishes the annual salaries of County Board of Supervisors Members utilizing population brackets. Based on the County’s current estimated population of 61,314, its Board Members, per Virginia Code § 15.2-1414.3, following a lawfully conducted Public Hearing, are authorized to receive annual compensation of $9,000, with the Board Chairman receiving additional compensation of $1,800, and the Board Vice-Chairman receiving additional compensation of $1,200. As authorized by Virginia Code 15.2-1414.3, the PCC § 22.1 revisions and Ordinance # 2020-06-01, both attached, propose increasing Board Members’ annual compensation for Fiscal Year 2021, to $9,000, with the Board Chairman receiving additional annual compensation of $1,800, and the Board Vice-Chairman receiving additional compensation of $1,200.00. The Board’s other benefits will be determined by Section 1.6 of its Bylaws and Rules of Procedure. This Public Hearing was duly advertised as legally required. Mr. Warren opened the Public Hearing at 7:14 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:15 PM. Motion to adopt the PCC § 22.1 revisions and Ordinance # 2020-06-01, effective July 1, 2020, as presented. 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 3. Public Hearing: Forest Equipment Personal Property Tax Exemption (Staff Contact: J. Vaden Hunt, Esq.) The Virginia General Assembly recently passed HB 1021, attached, effective July 1, 2020, giving local governments the discretion to exempt from local personal property taxation “farm machinery and farm implements …, which shall include equipment and machinery used for forest harvesting and silvicultural activities.” At the Board’s Legislative Committee (“LC”) Meeting on May 12, 2020, the LC unanimously recommended to the full Board that it authorize County Staff to advertise the potential revisions to PCC § 6-3.1, Local County Tax Exemption, exempting from local personal property taxation “equipment and machinery used for forest harvesting and silvicultural activities.” Mr. Warren opened the Public Hearing at 7:17 PM. Mr. Chad Shelton signed up to speak. He is a resident of the Callands-Gretna District and him and his family own a logging business in the County. This exemption would substantially help them to sustain their business. Mr. Warren closed the Public Hearing at 7:20 PM. Motion to adopt the PCC § 6-3.1 revisions, effective July 1, 2020, as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 4. Public Hearing: Landfill Easement and Right-of-Way Property Disposition (Staff Contact: Richard N. Hicks) The County is proposing granting a permanent easement and grant of rights-of-way on publicly owned land located at the County Landfill, more specifically described as 454.55 total acres located on GPIN #’s 2413-38-1912, 2413-59-6730, and 2413-47-1490 (“Property”). Mr. Warren opened the Public Hearing at 7:20 PM. Katie Whitehead, Callands-Gretna District, spoke in opposition of the Easement. Lisa Shorter also spoke on this topic and requested the Board to think about this decision for everyone in the County. Kathy Nicholson, Chatham-Blairs District, thanked the Board for their consideration of this Easement. Mr. Warren closed the Public Hearing at 7:28 PM. Motion to approve the disposition of the Property, and, subject to legal review and approval, authorize the County Administrator sign any necessary related documentation to effectuate the same. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 5. Public Hearing: Callands Cell Tower Lease (Staff Contact: Richard N. Hicks) County Staff has been contacted by New Cingular Wireless PCS, LLC (AT&T) about leasing space on the Callands Radio Tower located at 20410 Franklin Turnpike in the County. The proposed lease would be for five (5) years at an annual rate of $26,400. County Staff has determined that space is available on the tower. Mr. Warren opened the Public Hearing at 7:29 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:30 PM. Motion to authorize the County Administrator to execute an agreement between the County and New Cingular Wireless, PCS, LLC (AT&T) for the leasing of tower space on the County-owned Callands Radio Tower located at 20410 Franklin Turnpike, subject to the approval of a subordination agreement being approved by Bank of America. 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 6. Public Hearing: CARES Act Budget Amendment Public Hearing (Staff Contact: Kimberly G. Van Der Hyde) Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of this Budget Amendment appeared in the Chatham Star Tribune on June 3, 2020, which satisfies the seven (7)- day requirement. Mr. Warren opened the Public Hearing at 7:30 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:32 PM. Motion that $5,265,654 of CARES funds be approved and appropriated to the FY2020 County Budget. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS No formal action, but the Board and Sheriff Taylor did ceremoniously signed the Memorandum of Agreement approved in the Consent Agenda. NEW BUSINESS APPOINTMENTS a. Appointment: DPCS (Westover District); (Contact: Supervisor Scearce) Motion to re-appoint Lorrie Eanes-Brooks as the County’s Westover District Representative to the DPCS Board for another three (3) year term, beginning July 1, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Appointment: DPCS (Dan River District); (Contact: Supervisor Davis) Motion to re-appoint William “Sid” Allgood to the DPCS Board for another three (3) year term, beginning July 1, 2020. 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 c. Appointment: Library Board (Westover District) (Contact: Supervisor Scearce) Motion to appoint Ms. Sandy Mitchell as the Westover District Representative to the County’s Library Board for a four (4) year term beginning July 1, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller d. Appointment: Library Board (Tunstall District); (Contact: Supervisor Ingram) Motion to re-appoint Debra Turner as the Tunstall Representative on the County’s Library Board for another four (4) year term, beginning July 1, 2020. 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 MATTERS FROM WORK SESSION (IF ANY) a. Sheriff Vehicle Lease Program Motion to approve the Sheriff Vehicle Lease Program as presented in the Work Session. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Annual Audit and Financial Report Program for Agencies as required in the FY21 Budget Resolution Motion to approve the annual audit and financial report program for required Agencies in the FY 21 Budget Resolution as presented in the Work Session. RESULT: APPROVED [5 TO 2] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Miller NAYS: Farmer, Ingram c. CRF Funds for Defibrillator Purchase Motion to approve the CRF funds for the defibrillator purchase as presented in the Work Session. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS Mr. Dudley stated he is glad the Sheriff's Department has signed to be a part of the County’s Personnel Plan. He also mentioned that the Town of Hurt is continuing to feed the children in that area. As of this Friday, there will be around 1,800 children that have been fed during the COVID- 19 Pandemic. Mr. Ingram welcomed Sheriff Taylor and his Department and thanked him and his Staff for all they do. He also recognized John McKinney for his 55 years of service, and thanked Jordan Kee for walking over and providing the customers waiting at the DMV with water and masks. He also recognized the 2020 County Graduates that will not be able to graduate with a normal graduation. Mr. Davis thanked all the County Staff for their hard work. He also thanked the media and the Sheriff's Department for all they do and the citizens that come out to the Meetings to participate in the Public Hearings. Mr. Scearce thanked all County Staff that were involved in getting the contract completed with the Sheriff's Department. Mr. Warren also echoed Mr. Davis' comments about citizens being engaged with Public Hearings. He also thanked Mr. Smitherman for opening the County offices back up with employees present full-time and he asked all citizens to remember the Sheriff and his Deputies during these very stressful times. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated the County has done well and has worked hard the past the three (3) years to stay in the black, and he feels that we have finished 2020 very well. ADJOURNMENT Mr. Warren adjourned the Meeting at 7:53 PM