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10-20-2020 Business Meeting - DRAFT October 20, 2020 Business Meeting Pittsylvania County Board of Supervisors Business Meeting October 20, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on October 20, 2020, in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, 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 ("Bob") W. Warren Chairman, Chatham Blairs District Present 6:34 PM Ronald S. Scearce Vice-Chairman, Westover District Present 6:34 PM Joe B. Davis Supervisor, Dan River District Present 6:33 PM Timothy W. Dudley Supervisor, Staunton River District Present 6:36 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 6:35 PM William ("Vic") Ingram Supervisor, Tunstall District Present 6:34 PM Charles H. Miller, Jr. Supervisor, Banister District Present 6:33 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: Consent Agenda: 7(m): Resolution # 2020-10-03 (Resolution in Opposition to any Legislative Effort to Repeal or Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials) Approval; Presentations: 8(a): VACO Achievement Awards Presentation (Katie Boyle); and 8(b) Star Tribune Recognition New Business: 12(b): Resolution # 2020-10-04 (Relating to Franklin County/Cool Branch Fire and EMS Coverage); and Appointments: 13(b): Planning Commission Appointment (Chatham-Blairs District); (Richard Waters); (Supervisor Warren) Item to Move from Consent Agenda to New Business: 12(a): Ringgold Rail Trail Engineering Services Agreement Discussion (Staff Contact: Richard N. Hicks) Board of Supervisors October 20, 2020 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda with revisions. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. 2020 VACo Annual Business Meeting Voting Credentials Approval (Staff Contact: Kaylyn M. McCluster) b. WIB Fiscal Agent Agreement Approval (Staff Contact: Kimberly G. Van Der Hyde) c. Budget Amendments (Appropriation of Grant Funds) Approval (Staff Contact: Kimberly G. Van Der Hyde) d. School Budget Transfer Approval (Staff Contact: Kimberly G. Van Der Hyde) e. Solar Ordinance Revisions (PCC Chapter 35) Public Hearing Authorization (Staff Contact: Emily S. Ragsdale) f. PC and BZA Certification Pay Rate Change Approval (Staff Contact: Emily S. Ragsdale) g. Resolution # 2020-10-01 (VDOT Morgan Olson Way) Adoption (Staff Contact: Matthew D. Rowe) h. Resolution # 2020-10-02 (Assurances of Redesignation Application of County Enterprise Zone 57) Adoption (Staff Contact: Matthew D. Rowe) i. Recycling Containers IFB Award (Staff Contact: Richard N. Hicks) j. Solid Waste Interest PCC Revision (PCC § 17-4(C)) Public Hearing Authorization (Staff Contact: Richard N. Hicks) Board of Supervisors October 20, 2020 Business Meeting k. Return Check Fee PCC Revision (PCC § 6-6.6) Public Hearing Authorization (Staff Contact: Vincent E. Shorter) l. Resolution # 2020-10-03 Resolution in Opposition to any Legislative Effort to Repeal or Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials ITEMS REMOVED FROM CONSENT AGENDA PRESENTATIONS a. Star Tribune Recognitions Jeremy Moser was present to accept recognition on behalf of the Chatham Star Tribune for being named the 2019 Best Weekly Newspaper in the State of Virginia. b. VACo Achievement Awards Presentation Katie Boyle, VACo, was in attendance to present the Achievement Awards to the County. HEARING OF THE CITIZENS Sonja Ingram, Tunstall District, requested for someone to come out and discuss heavy truck traffic on Mayfield Road. She stated the road is very narrow, curvy, and dangerous for the residents. There is a historical marker to be put on that road and she is afraid of the road becoming more dangerous due to this historical marker. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-20-021; First Piedmont Corporation; Dan River Election District; R-1, Residential Suburban Subdivision District, to M-2, Industrial District, Heavy Industry (Supervisor Davis) Warren opened the Public Hearing at 7:20 PM. Ben Davenport, Tommy Stump, and Nick Setliff, First Piedmont, were present to represent the Petition. The following citizens signed up to speak: Ann Smith of 985 Cedar Road lives one (1) mile from First Piedmont Landfill, and she expressed her concerns and problems with the landfill such as odor. Gerri Lamei of 824 Cedar Road voiced her concerns regarding odor and failed promises from Davenport and First Piedmont. Danny Oliver of 2522 Mountain Hill Road stated his mother lives at 317 Cedar Road and has other family in the same community voiced his concerns regarding this case. Angie Harris of 2721 Cedar Road also voiced her concerns regarding the rezoning of this land. Mike Basista also lives on Cedar Road and spoke on the constant odor and exposed trash. David Owen, Pastor of Christian Tablernacle, also spoke on the smell and stated it is unbearable. Curtis Strader, Pastor of White Rock Missionary Baptist Church on Cedar Road, voiced his concerns for those who live in this community as well as the members of the church. Robin Rossin of 1125 Cedar Road stated she was a lifelong resident of the community and opposed the Board of Supervisors October 20, 2020 Business Meeting rezoning of this property. Julie Owen of 495 Coy Creek Lane in Ringgold provided pictures and information regarding her opposition of the rezoning of this property. Linda Gauldin also voiced her opposition on the rezoning of the property. Julie Griffin of 565 Cedar Road provided pictures of trash from her yard and spoke in opposition of the case. Ben Forest, Pastor of "the stinky church" so they are called, stated his opposition of the rezoning request. Judy Talbert of 660 Chaney Store Road for forty-three (43) years stated she was a lifetime resident and stated her opposition on this case. Setliff stated they begin the process of the liner next Monday due to the rain and weather. This was supposed to start on October 19, 2020. He stated the odor complaints have lessened. Dudley asked about the October 19, 2020, start date, and Setlif stated it is scheduled to start on October 26, 2020. It will take two (2) weeks to get cap on and welded, and two (2) more weeks to get the top on. Warren stated he visited this Landfill a few years ago and he has heard the citizens loud and clear tonight, but the Landfill component of this case is not controlled by the Board. That is handled under the DEQ. No one else signed up to speak and Warren closed the Public Hearing at 8:22 PM. Davis stated that he did not have the authority to decide based on the smells and such that are being complained about regarding First Piedmont and that those issues are handled by the DEQ. Ingram stated he has looked through the packet and made notes and the biggest thing he heard was “would you want this next to your house?” He stated the places of worship should not have to deal with a smell like this. Ingram finally stated the biggest thing he heard is that the citizens don’t want it and he will stand with the citizens. Motion to rezone 1.32 acres from R-1, Residential Suburban Subdivision District, to M-2, Industrial District, Heavy Industry (to combine with their adjacent parcels of land zoned M-2). RESULT: APPROVED [6 TO 1] MOVER: JDavis SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller NAYS: Ingram Case 2: Public Hearing: Rezoning Case R-20-022; John Martin Gregory; Banister Election District; A-1, Agricultural District, & B-2, Business District, General, to M-2, Industrial District, Heavy Industry (Supervisor Miller) Warren opened the Public Hearing at 8:34 PM. Gretchen Clark was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 8:36 PM. Board of Supervisors October 20, 2020 Business Meeting Motion to approve the rezoning of the subject property, 1.32 acres, from R-1, Residential Suburban Subdivision District, to M-2, Industrial District, Heavy Industry, to make the zoning consistent with the Petitioner’s adjacent parcels of land zoned M-2, and 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 Other Public Hearings 1. Public Hearing: Cell Tower Leases Approval (Staff Contact: Richard N. Hicks) Road, Mt. Airy, Rockford School Road, White Oak, Brosville, and Dan River Middle School). Subsequently, the County constructed two (2) additional communication towers at Old Mayfield and Tunstall. AcelaNet is requesting permission to add broadband equipment to the two (2) new towers. County Staff is proposing an amendment to the existing Agreement (“Agreement Amendment”) to add the two (2) additional towers. Since this involves the leasing of publicly owned property, per Virginia Code § 15.2-1800(B), a Public Hearing is legally required and a Notice for the same has been duly advertised. Warren opened the Public Hearing at 8:40 PM. No one signed up to speak and Warren closed the Public Hearing at 8:41 PM. Motion to authorize County Staff’s execution of the attached Agreement Amendment allowing the installation of AcelaNet’s broadband equipment on the new County Old Mayfield and Tunstall communication towers. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS a. Ringgold Rail Trail Engineering Services Agreement Approval (Staff Contact: Richard N. Hicks) The County has finally received approval to make the necessary repairs to the Ringgold Rail Board of Supervisors October 20, 2020 Business Meeting Trail, the railroad bridge, and the County railroad spur (“Project”) caused by Hurricane Michael. The total Project amount approved was $3,028,121.48. FEMA will cover $2,271,091.11 of the Project’s cost, the State will cover $575,343.08, and the County’s share would be $181,687.29. The County has funds set aside to cover its costs. Dewberry did the initial review and cost estimates for the Project through an existing agreement with the West Piedmont Planning District Commission. The State granted an extension for this project until December 2022. The Board requested this item be taken back to Dewberry for them to come up with a better offer on the price. Motion to table this item. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Resolution # 2020-10-04 (Relating to Franklin County/Cool Branch Fire and EMS Coverage) Motion to approve Resolution # 2020-10-04 Relating to Franklin County/Cool Branch Fire and EMS Coverage. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPOINTMENTS a. IDA Appointment (Callands-Gretna); (Bill Nuckols); (Supervisor Farmer) Motion appointing Bill Nuckols as the County’s Callands-Gretna IDA Representative for a four (4) year term, beginning December 1, 2020, and expiring November 30, 2024. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Planning Commission Appointment (Chatham-Blairs); (Richard Waters); (Chairman Warren) Motion to appoint Richard Waters to the Planning Commission for a four (4) year term beginning on December 1, 2020. Board of Supervisors October 20, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller MATTERS FROM WORK SESSION (IF ANY) None. BOARD MEMBER REPORTS Farmer stated he is looking forward to finding a resolution for Franklin County Fire and EMS coverage. Ingram stated that Sheriff McGregor has been gone for ten (10) years and wanted to recognize him for his many years of service to the County, and he also thanked the Fire Departments in his District. Dudley stated Richard Motley showed him how things work on the Planning Commission and recognized him for his service. Miller also recognized Motley for his service on the Planning Commission. Scearce mentioned that there was a Resolution passed for qualified immunity for law enforcement and he is very proud of that. Warren recognized the Roy Ford Bridge recognition and he also reminded everyone of the Bark- a-Que event this Saturday at Banister Bend. He also recognized the Executive Team and appreciates their work. COUNTY ADMINISTRATOR REPORTS Smitherman encouraged everyone to attend the Bark-a-Que at Banister Bend on Saturday. He also welcomed Caleb Ayers to the County, and he recognized Kelly Keesee and her election team for the great job they are doing. ADJOURNMENT Warren adjourned the Meeting at 9:07 PM.