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10-19-2021 Business Meeting - DRAFT PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Business Meeting October 19, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on October 19, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Warren called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:36 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:38 PM Joe B. Davis Supervisor - Dan River District Present 6:35 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:32 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:39 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 6:41 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: -Fire and Rescue Commission Discussion - Centra -Appointment : FRC Hugh Mitchell -Approval of Legislative and Finance Committee Recommendations Dudley moved to add the following to the Agenda: -Resolution # 2021-10-05: Censure William V. Ingram, Tunstall District Supervisor RESULT: ADOPTED [5 TO 2] MOVER: Scearce SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Miller NAYS: Farmer, Ingram APPROVAL OF AGENDA Motion to approve Agenda. Board of Supervisors October 19, 2021 Business Meeting RESULT: ADOPTED [5 TO 2] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Miller NAYS: Farmer, Ingram CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. September Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Resolution # 2021-10-01 (Hank Davis Passing) Adoption (Contact: Chairman Warren) d. Resolution # 2021-10-02 (Mary L. Brooks Passing) Adoption (Contact: Supervisor Davis) e. Resolution # 2021-10-03 (Honoring Peyton Sellers) Adoption (Contact: Supervisors Davis and Farmer) f. Resolution # 2021-10-04 (Approval of Settlements with Opioid Distributors) Adoption (Staff Contact: J. Vaden Hunt, Esq.) g. 2021 VACo Annual Business Meeting Voting Credentials Approval (Staff Contact: Kaylyn M. McCluster) h. Robin Court Engineering Proposal Award (Staff Contact: Christopher Adcock) i. Climax Road Convenience Center Bid Award Approval (Staff Contact: Richard N. Hicks) j. Level Run Road Convenience Center Bis Award Approval (Staff Contact: Richard N. Hicks) k. IDA of Danville and IDA of Pittsylvania County Term Loan Commitment Letter Approval (Staff Contact: Matthew D. Rowe) l. Virginia Department of Health-Drinking Water Program Grants Approval (Staff Contact: Kimberly G. Van Der Hyde) m. Appointment: Planning Commission (Nathan Harker; Staunton River); (Contact: Supervisor Dudley) n. Legislative and Finance Committee Recommendations PRESENTATIONS Board of Supervisors October 19, 2021 Business Meeting a. County Employee Service Awards Presentation (20 or more years' service); (Staff Contact: Dave F. Arnold) Arnold, Assistant County Administrator, recognized County employees with twenty (20) or more years’ service. 20 years: · Katie Owen - Clerk of Court · Terrance Walter - Sheriff’s Office · Michael Owens - Sheriff’s Office · Leslie Bennett - Sheriff’s Office · Ray McKinney - Public Safety · Pam Holley - Public Safety 25 years: · Howard Crump - Sheriff’s Office · Stephen Kinsley - Sheriff’s Office 35 years: · Robin Goard - Commissioner of the Revenue 40 years: · George Coleman - Sheriff’s Office 45 years: · Hon. Mike Taylor - Sheriff b. Resolution Presentations (Contact: Board of Supervisors) Davis and Farmer presented Resolution # 2021-10-03 to Peyton Sellers in recognition of a record-breaking racing season and being named the 2021 NASCAR Weekly Series National Champion in September 2021. HEARING OF THE CITIZENS Dr. Charles H. Miller, Jr., Banister District Supervisor, stated he has become aware through the Chairman and other members on the Board, that there have been messages sent during Board Meetings from Supervisor Ingram ridiculing Miller. He stated his fellow Board Members, Smitherman, and Hunt have all shown him collegial respect from day one (1). Miller further stated together they have moved the County forward and have made great strides. He finally stated that Ingram’s comments are a throwback to an earlier time and place. Chuck Angier, Callands-Gretna District, spoke on the Solar Ordinance. He stated the County of Mecklenburg Planning Commission rejected a petition for an eight hundred (800) acre solar facility in Mecklenburg County, because that company was in noncompliance on two (2) other occasions. He recommended ideas to consider when revising the Solar Ordinance, such as the Board of Supervisors October 19, 2021 Business Meeting buffering, screening, and visual impact standards need to be enhanced a little bit, and solar facility builders shall implement those buffers before any other construction is allowed to proceed. Angier suggested measuring five (5) air miles from fence to fence to keep these facilities apart, and when it comes to decommissioning, he would like to see the land restored to its original condition. Dr. Martha Walker, Dan River District, spoke on behalf of the one percent (1%) sales tax increase for the school’s capital improvement projects and asked for the Board’s support when voting. Barbara Hancock, Callands-Gretna District, asked the Board to stand against any medical mandates and discrimination, whether governmental or from private businesses in our region. She asked the Board to stand for medical freedom. She also stated citizens would like to have a town hall style meeting in the future for citizens to ask questions and get answers, and not have any time limits. She ended her comments with prayer. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-21-027; Andrew Pope; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District; On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Farmer) In Case R-21-027, Andrew Pope (“Petitioner”) has petitioned to rezone 1.339 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with an adjacent parcel of land zoned A-1). The subject property is located on State Road 903/Galveston Road, in the Callands-Gretna Election District and shown on the Tax Maps as part GPIN #2428- 39-7300. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 7, 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 7:38 PM. Andrew Pope was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:39 PM. Motion to approve the rezoning of 1.339 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. Board of Supervisors October 19, 2021 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 2: Public Hearing: Case R-21-029; High Country Holdings, LLC; Rezoning from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District; On September 7, 2021, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. (Chairman Warren) In Case R-21-029, High Country Holdings, LLC (“Petitioner”), has petitioned to rezone a total of 2.902 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an adjacent parcel of land zoned R-1). The subject property is located on State Road 839/Waller Lane, in the Chatham-Blairs Election District and shown on the Tax Maps as part of GPIN # 1491-08-7740. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On September 7, 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 7:40 PM. No one signed up to speak and Warren closed the Public Hearing at 7:41 PM. Motion to approve the rezoning of 2.902 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. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: Removal of PCC Chapters 30 and 30.1; Chatmoss (Staff Contact: J. Vaden Hunt, Esq.) Chatmoss Cablevision’s (“Chatmoss”) was recently sold to another cable entity. Currently, Chapters 30 (Cable Television; Chatmoss Cablevision Franchise) and 30.1 (Chatmoss Cable Franchise) of the Pittsylvania County Code (“PCC”) regulate Chatmoss Cable. With Chatmoss’ recent sale, these PCC Chapters are no longer needed in the PCC. The Public Hearing has been duly advertised in the Chatham Star Tribune on October 6, 2021, and October 13, 2021. Warren opened the Public Hearing at 7:42 PM. No one signed up to speak and Warren closed the Public Hearing at 7:44 PM. Board of Supervisors October 19, 2021 Business Meeting Motion to remove PCC Chapters 30 and 30.1 from the PCC. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: AEP Supplemental Right-of-Way (Ringgold Industrial Park) Approval (Staff Contact: J Vaden Hunt, Esq.) Appalachian Power Company (“AEP”) has requested the County grant an easement to it on County-owned property on both sides of the currently cut and maintained right-of-way located near the Ringgold Industrial Parkway, more specifically described as +/- 0.6 acres on GPIN #’s 2338-40-6075 and 2338-50-3839. Since this involves the potential sale of an interest in County- owned property, per Virginia Code § 15.2-1800, a Public Hearing is legally required, which has been legally and duly advertised. Warren opened the Public Hearing at 7:45 PM. No one signed up to speak and Warren closed the Public Hearing at 7:46 PM. Motion to grant the easement to AEP as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS a. Fire and Rescue Commission Comments - Centra Scearce stated the Fire and Rescue Commission recommended that the Board talk to Sovah and ask about why they keep diverting EMS responders, and to request how those issues can be fixed. They also would like to get Centra in Gretna to expand their services in Gretna and possibly the Danville area. They would like Smitherman to start that conversation. Motion to authorize the County Administrator to begin conversations regarding the matters as presented. Board of Supervisors October 19, 2021 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Appointment: Fire and Rescue Commission; Hugh Kelly Scearce stated Bobby Lovelace has resigned from the Fire and Rescue Commission in the Southwest Quadrant, and desires to appoint Hugh Mitchell as his replacement. Motion to appoint Mitchell as the Southwest Quadrant representative on the Fire and Rescue Commission. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller c. Resolution 2021-10-05 Dudley handed out paperwork to the Board and read aloud Resolution # 2021-10-05 (below). Motion to approve Resolution # 2021-10-05 as presented. Board of Supervisors October 19, 2021 Business Meeting RESULT: APPROVED [5 TO 2] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Miller NAYS: Farmer, Ingram MATTERS FROM WORK SESSION (IF ANY) Board of Supervisors October 19, 2021 Business Meeting None. BOARD MEMBER REPORTS • Ingram stated he was speechless, and he is sixty-five (65) years old and has never been called a racist, and this is a first. He stated the speech that was heard tonight was nothing more than a racial attack on him driven by nasty politics. He stated that he condemned the words of the United States Attorney when he directed the FBI to investigate citizens as they go and speak to School Board Meetings and stated that is almost as bad as what has happened at the Meeting tonight. He said two (2) weeks from today, the citizens of this County need to make a change and give leadership back to this County. He stated he strongly supports the one percent (1%) Sales Tax Referendum for the schools. He also congratulated Sellers and wished a Happy Birthday to Rachel Merricks, Tunstall's "original" lunch lady. • Farmer stated he has two (2) more Meetings and his term on this Board will be over. He stated he is not the loudest in the room, and he did not run for fame or popularity. He voted against Resolution # 2021-10-05. He stated early on in his career there was something similar that was drafted, and he refused to sign it. He felt it was bullying and refused to be a part of it. He stated this was nothing against Miller and this was not a personal vote, but he votes on the subject matter and that December 31st cannot get here fast enough. • Dudley thanked everyone for coming out, and congratulated Sellers on his recognition. He also recognized and thanked Angier for coming to the meetings and staying on top of County business, and thanked other County Staff members for their hard work. He also thanked Gary Hodnett, Mayor of Hurt, for going above and beyond for the Town of Hurt. • Miller stated he would like everyone to know that he takes no satisfaction in these proceedings, other than what has already been spoken, and he has great appreciation and respect for the five (5) fellow members on the Board for their support. He also stated that due to medical condition, he had to wear dark shades to a meeting back in June. That was due to a procedure of dilation to his eyes. He also must use a cane at times. He stated he does not hold grudges, but in the text messages he spoke of, he was referred to twice; once as Ray Charles, and the second as blind Tom. He stated it is important to be clear that the ugly comments made by one (1) Supervisor are his comments alone. They do not tarnish the warm respect that he has felt by his other colleagues and County Staff Members. He would like for us to put this behind us and return to the primary mission of serving County citizens. • Davis stated he already addressed the percussion of the true narcissism in Closed Session and doesn’t think its adequate to say anymore. • Scearce stated he had a tour of the Federal Court and thanked Warren and Smitherman for their integrity and ability to tell the truth on the stand. He also thanked Hunt for his support during this ordeal. He agrees there is a very important election coming up, and there is a chance to keep the progress that we have in this County going. He stated Angier just put out some valuable Board of Supervisors October 19, 2021 Business Meeting information and that the County’s local taxes are the third lowest in the State. The County has been able to increase funding to schools and Fire and Rescue. He said we need to change Richmond leadership and take control of the house. • Warren stated he finds it to be a sad day in the County, and he did not take any pleasure in casting his vote, but he felt he had to support Miller in this particular case. This has weighed heavy on his heart since he was made aware of this, and once he received the information and as Chairman, he was obligated to share it with Miller. He gave a statement to the media, and he called all colleagues, except for Ingram, and to get their approval for his statement before it was released. He then read the following statement aloud: “On behalf of the Pittsylvania County Board of Supervisors, I extend my deepest apologies to our colleague Dr. Charles H. Miller, Jr., Banister District representative. We recently learned that Tunstall District Supervisor William “Vic” Ingram sent reprehensible and offensive text messages concerning Miller. These messages were sent during a Board of Supervisors’ meeting. Specifically, these comments are construed as racist to people of color and discriminatory to those experiencing medical difficulties. We condemn and repudiate any form of racism and discrimination on our Board and within the County organization.” COUNTY ADMINISTRATOR REPORTS Smitherman stated he shared good news with the public last week, and shared with the Board today, and that is the employee satisfaction survey results. He is pleased with the increased results of the employee satisfaction survey. He also sent his deepest condolences to the family of John Foster, a valuable County Landfill employee that the County recently lost to COVID. He also addressed disparaging comments that Ingram chose to share with the public that he is there for the money. Smitherman stated he does not know of anyone who does not use their job to support their family. He stated it is disheartening to have your personal life strewn about the pages for no good reason. Smitherman looks forward to a very long career with the County and stated it is the most awarding position he has ever held and he is honored to serve the County citizens. ADJOURNMENT Warren adjourned the Meeting at 8:15 PM.