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12-21-2021 Business Meeting - FINALPITTSYLVANIA COUNTY BOARD OF SUPERVISORS Business Meeting December 21, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on December 21, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia. CALL TO ORDER (7:00 PM) Chairman Warren called the Meeting to Order at 7:00 PM. ROLL CALL Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:38 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:37 PM Joe B. Davis Supervisor - Dan River District Present 6:39 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:40 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:36 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 6:37 PM Charles H. Miller, Jr. Supervisor - Banister District Present 6:40 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: - Add Reassessment Update and Reassessment Extension Approval as item 8(b) under Presentations - Add Fire and Rescue ARPA Usage Guidelines Adoption as item 12(a) under New Business - Add Law Enforcement Market Rate Salary Adjustments as item 12(b) under New Business - Add Financial Items from Work Session as item 7(q) Also, move item 17 and 18 after item 14 on the Agenda, to make it as follows: -15, Board Member Reports -16, County Administrator Reports -17, Closed Session RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda as amended. Board of Supervisors December 21, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve the Consent Agenda. RESULT: ADOPTED [5 TO 2] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Miller NAYS: Farmer, Ingram a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. November Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Internal Auditor Salary Adjustment Approval (Staff Contact: Kimberly G. Van Der Hyde) d. BZA Appointment Recommendation (Staff Contact: Kaylyn M. McCluster) e. FRC Appointments (3); (Staff Contact: Christopher C. Slemp) f. Appointment: DPCS (Staunton River District); (Contact: Supervisor Dudley) g. Town of Chatham Water Agreement Extension Approval (Staff Contact: Chris Adcock) h. WPPDC CEDS Prioritized List Submission/Endorsement Approval (Staff Contact: Matthew D. Rowe) i. Resolution # 2021-12-01 (Danville Enterprise Zone 57B Amendment) Adoption (Staff Contact: Matthew D. Rowe) j. Resolution # 2021-12-02 (Morris Stowe Recognition; Planning Commission) Approval (Supervisor Ingram) k. Brownfields Grant Consultant Award (Staff Contact: Richard N. Hicks) l. Resolution # 2021-12-03 (Chairman Warren Recognition) Approval (Staff Contact: Kaylyn M. McCluster) m. Resolution # 2021-12-04 (Vice-Chairman Scearce Recognition) Approval (Staff Contact: Kaylyn M. McCluster) n. Resolution # 2021-12-05 (Supervisor Farmer Recognition) Approval (Staff Contact: Kaylyn M. McCluster) o. Resolution # 2021-12-06 (Supervisor Davis Recognition) Approval (Staff Contact: Kaylyn M. McCluster p. Resolution # 2021-12-07 (Supervisor Miller Recognition) Approval (Staff Contact: Kaylyn M. McCluster) q. Financial Items from Work Session Board of Supervisors December 21, 2021 Business Meeting ITEMS REMOVED FROM CONSENT AGENDA None. PRESENTATIONS a. Reassessment Update and Reassessment Extension Approval Arnold stated County Staff requested an extension for the Reassessment Project. Motion to approve the reassessment certification extension and to authorize County Staff to engage the Virginia Department of Taxation to serve in an advisory capacity to ensure quality in the County's reassessment process. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Resolution Presentations (Contact: Board of Supervisors) Ingram presented Resolution # 2021-12-02 to Morris Stowe, recognizing his service on the Planning Commission. HEARING OF THE CITIZENS Alan Casper, Banister District, stated he was hesitant to speak because he feels that what he says will fall on deaf ears. He stated there were Fire and Rescue appointments made under the Consent Agenda without consultation of the Fire and Rescue Commission. He feels this is one of the most vindictive actions that he has seen in the years that he has served and attended the meetings. Joe Kinsley, Tunstall District, stated that no one in the County likes the tax assessment and has spoken with tons of people who blame the Board. He feels that land equalization is communism. He feels the Board should not accept this reassessment because of the values being so high. Roger Wilson, Tunstall District, wanted to speak on some of the recent Ordinance changes regarding Solar in the County. He thanked Ingram for his willingness to listen to his concerns, he thanked Ragsdale for her assistance as well, and thanked the Board of Supervisors for the work they have done to work with both citizens and the solar companies. Jeff Love, Callands-Gretna District, spoke on the Transient Occupancy Tax. He stated the 4% Transient Occupancy Tax will cause their guests to pay a 9.3% tax, and he believes this will turn visitors to other locations. He requested that the Board not allow campsites at places that are not zoned as campgrounds. Steve Worley, Staunton River District, spoke on the reassessment. He spoke on inflation of gas prices, eating out, and he stated when taxes go up, that is just the start; insurance prices will go up. He is looking to retire within the next six months but is unsure he will be able to do that to be able to pay for his higher taxes, insurance, and gas prices. John Anderson, Staunton River District, understands social security is about a 6% increase, but Board of Supervisors December 21, 2021 Business Meeting that is pretty much wiped out due to inflation in other things. His assessment went up $100,800 with no improvements. Robin Goard, Staunton River District, stated her office has received many phone calls from citizens regarding the reassessment. She stated she is an elected official, and she works for the citizens of the County. She is also a homeowner, so she also feels the pain from the reassessment. She stated something needs to be done, and she believes the Board is aware of that. She has spoken to the citizens to let them know that she will continue to work for them to see that something is done about this situation. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-21-028 Gary and Jeanette Short; Rezoning from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District (Supervisor Dudley) Warren opened the Public Hearing at 7:50 PM. Gary and Jeanette Short were present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:52 PM. Motion to approve the rezoning 34.91 acres, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District, to allow property lines to be adjusted. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 2: Public Hearing: Case R-21-030; Trustees of Macedonia Baptist Church; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Farmer) Warren opened the Public Hearing at 7:53 PM. Kermit King was present to represent the Petition. He stated they are requesting this rezoning for a new cemetery. He stated the land has been surveyed and they have a layout for the cemetery as well. John Fuller signed up to speak and stated his opposition to the rezoning. He has lived right across where the church wants to put the cemetery, and he stated he doesn't want to wake up every day and look at the cemetery. He stated there is land on both sides of the church, but they chose the land right across from his house. Warren closed the Public Hearing at 7:57 PM. Motion to approve the rezoning of 2.696 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a cemetery to be placed on the property. The rezoning would be consistent with the County’s Comprehensive Plan. Board of Supervisors December 21, 2021 Business Meeting RESULT: APPROVED [6 TO 1] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram NAYS: Miller Case 3: Public Hearing: Case R-21-031; George Shelton; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Miller) Warren opened the Public Hearing at 7:58 PM. Shelton was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:59 PM. Motion to approve the rezoning of 34.91 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. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 4: Public Hearing: Case R-21-032; Richard and Rhonda Hash; Rezoning from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Supervisor Ingram) Warren opened the Public Hearing at 8:00 PM. The Hashes were present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 8:01 PM. Motion to approve the rezoning 14.12 acres, from R-1, Residential Suburban Subdivision District, and 5.17 acres from RC-1, Residential Combined 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. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: Revisions to PCC §§ 35-61 and 35-74 (Staff Contact: Emily S. Ragsdale) George Nedriga (“Petitioner”) has petitioned to amend Pittsylvania County Code (“PCC”), Chapter 35, Division 2, Lot Regulations; PCC § 35-61, Lots, Determination of Lot Front, and PCC § 35-74. Accessory and Temporary Buildings. On November 4, 2021, the Planning Commission Board of Supervisors December 21, 2021 Business Meeting recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Warren opened the Public Hearing at 8:02 PM. No one signed up to speak and Warren closed the Public Hearing at 8:03 PM. Farmer asked if this could affect anyone who may be out of compliance with this. Ragsdale said that it would be considered legal nonconforming. Motion to approve the revision to PCC §§ 35-61 and 35-74 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Redistricting Plan Selection (Staff Contact: Dave F. Arnold) As required by Virginia Code § 24.2-304.1, the County is currently in the redistricting process. This process must take place every ten (10) years based on the United States Census, and the goal is for every Magisterial District to have roughly equal population. Virginia Code § 24.2- 129 requires the County allow Public Comment on the potential Redistricting Plans. Said Public Comment was held at the Board’s November 16, 2021, Business Meeting, where only one (1) citizen signed up to speak. At the Board’s December 1, 2021, Called Meeting, Plan “A” was selected by the Board for advertisement for potential adoption at tonight’s Business Meeting. Warren opened the Public Hearing at 8:05 PM. Willie Fitzgerald signed up to speak and stated he does not support this Plan. Dorothy Neals signed up to speak and stated she was representing the Danville Civic League and she had a resolution in support of Plan "A" (below). Anita Royston is a resident of the Banister District and presented and read a letter (below). Warren closed the Public Hearing at 8:15 PM Board of Supervisors December 21, 2021 Business Meeting Board of Supervisors December 21, 2021 Business Meeting Motion to accept Redistricting Plan “A.” RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 3. Public Hearing: Solar Siting Agreements and Potential Execution (Staff Contact: Emily S. Ragsdale) In 2021, the General Assembly passed legislation giving localities additional measures to further Board of Supervisors December 21, 2021 Business Meeting regulate the development of utility scale solar energy facilities. This legislation requires that any solar project or an energy storage project applicant give the host locality written notice of the applicant's intent to locate in the locality and request a meeting to discuss a related siting agreement. Once a siting agreement has been negotiated with the County, a Public Hearing must be held before it can be executed. This Public Hearing has been duly and legally advertised/noticed. Warren opened the Public Hearing at 8:16 PM. Cindy Reynolds and Sherry Queener signed up to speak together and stated they are involved with the Hillandale project and are landowners in the project. They feel this is a great thing for the County, it is green energy, and she feels this will help with the taxes and clean energy. Warren closed the Public Hearing at 8:19 PM. Motion to approve the execution of the siting agreements for the Recurrent, Sun Tribe, and Strata solar projects. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS a. Fire and Rescue ARPA Usage Guidelines Adoption Motion to approve the Fire and Rescue ARPA Usage Guidelines as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Law Enforcement Market Rate Salary Adjustments Motion to give all sworn law enforcement officers in grades 101-106 a 10% increase to their current salary, effective January 1, 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS Board of Supervisors December 21, 2021 Business Meeting • Dudley thanked all law enforcement officers and thanked all in attendance for showing up at the meeting tonight. He encouraged everyone to spend time with their family over the Holiday. • Ingram stated that tonight we are saying goodnight to a few Board Members, and he recognized Farmer for his service and his friendship. He also welcomed the new Board Members and wished everyone a very Merry Christmas. • Davis stated he had the opportunity to be himself because he is not a politician, rather an entertainer in the political realm. He stated for six (6) years he has enjoyed working for the citizens of this County. He gave words of advice to the new Board Members taking office in January. The shoes of this position are very big and there will be decisions that will be tough, and this position is not for the faint of heart. He highlighted things that were accomplished during his tenure on the Board; making an asset out of the Landfill, breaking down barriers between the County and the City of Danville, new investments in the County, and more jobs were brought to the County. • Farmer thanked the citizens of his District. He stated he is honored to be able to leave this post and head back into his community with his head held high. Several items stood out to him during his time on the Board, and he thanked the Board for their support of the merger of Gretna Fire and Rescue. Next was the Cool Branch saga with Franklin County, and it took a lot of effort and thought from himself and the Board. He stated they had to continue to fight for the apparatus funding that was approved tonight. He also recognized the increased funding that the Board has supported in his four (4) years to the school system. He thanked Sheriff Taylor for his guidance and friendship during his time on the Board. There were also two (2) solid waste convenience centers built within his District, and he thanked the Board for believing in the Northern end of the County and giving them the same amenities as the South. Farmer thanked his family for their support during his time on the Board. He also recognized the entire Blair family and Elton Blackstock for being his mentor in 2018. He congratulated Darrell Dalton for winning the election and extended his hand to Darrell if he should ever need anything. He wished everyone a safe and Merry Christmas. • Miller stated that he suspects that there are those in the audience who are expecting him to be very negative in his comments, but that will not be the case because it is not his style. He stated when he was given the opportunity to run for this position, that he was not a politician, but a Christian who serves in public office. He stated the unprecedented success of upwards to $1 Billion of investment in the County, and between 4,000 and 5,000 people being employed, and he is very proud to be a part of that. He praised the County Administrator, County Attorney, Assistant County Administrators, Finance Director, Administrative Staff, and the IT Department for their hard work. He also stated the men who sit on the Board are the best and most productive Board of Supervisors that has ever been in Pittsylvania County. Miller also stated he has served under two Chairman on this Board and stated he appreciates both of them and the good work they have done. • Scearce thanked all the citizens who spoke regarding the reassessment and he hopes the Department of Taxation will be able to help correct the issues we are having with this. He also thanked the members leaving the Board, and stated the County is better off today than it was four (4) years ago; due to the ability of the Board to work together. He feels we have the best leadership Board of Supervisors December 21, 2021 Business Meeting in the County. • Warren stated that for his six (6) years of service on the Board, he has learned from each Board Member that he has served with. He highlighted some accomplishments of this Board as he recognized the four (4) parks that have been established, and Wayside Park in the Northern end of the County. He commended the Board for working together and not singling out specific Districts. He also stated the Ringgold Walking Trail was restored and the Community Center was acquired for $10. The Fire and Rescue Commission was formed, and a set matrix was developed by the Commission to make it fair for everyone who was participating. There have been increased contributions to Public Safety and Fire and Rescue by 75%, which has increased responses to 14%. The joint effort between the Board and the School Board to bring Broadband throughout the County is a quality-of-life enhancement for the County, as well as being a big opener for Economic Development. He stated he is grateful for the Board and the friendships that he has made. COUNTY ADMINISTRATOR REPORTS • Smitherman stated it has been a pleasure working with this Board for the last two (2) years and is looking forward to working with the new Board. The Pet Center is performing very high with transfers. There were seventy (70) cats transferred out today and the Pet Center is performing the highest they have performed to date. He stated there is an employee in intensive care in Danville with COVID and asked for thoughts and prayers for them. County Staff are not happy with this reassessment either, and apologized for the poor customer service citizens received during the appeals process. He wished everyone a happy holiday and Merry Christmas. • Hunt stated he was very proud of this Board and the progress that they have made. He will miss the three (3) departing members and considered them friends. He wished everyone a Merry Christmas and is looking forward to 2022. CLOSED SESSION Motion to enter Closed Session. RESULT: ADOPTED [6 TO 0] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller ABSTAIN: Ingram The Board entered Closed Session at 9:40 PM. a. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Supervisor Davis) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator and County Attorney Purpose: Review/Discussion of County Administrator and County Attorney’s Annual Performance Evaluations/Employment Agreements RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION Board of Supervisors December 21, 2021 Business Meeting The Board returned to Open Session at 10:06 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that the Pittsylvania County Board of Supervisors’ (“Board”) Meeting on December 21, 2021, that 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 (“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 V. (“Vic”) Ingram No Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes Motion to amend the Agenda to take action on the two items, Resolution # 2021-12-08 and Resolution # 2021-12-09, as discussed in Closed Session. RESULT: APPROVED [6 TO 0] MOVER: Davis SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller ABSTAIN: Ingram c. Resolution # 2021-12-09 Motion to approve Resolution # 2021-12-09. RESULT: APPROVED [6 TO 0] MOVER: Davis SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller ABSTAIN: Ingram d. Resolution # 2021-12-08 Motion to approve Resolution # 2021-12-08. Board of Supervisors December 21, 2021 Business Meeting RESULT: APPROVED [5 TO 1] MOVER: Davis SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Miller NAYS: Ingram ABSTAIN: Farmer ADJOURNMENT Warren adjourned the Meeting at 10:13 PM.