06-21-2022 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, June 21, 2022 – 7:00 PM
Board Meeting Room
39 Bank Street, SE,
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER (7:00 PM)
2. ROLL CALL
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE
5. AGENDA ITEMS TO BE ADDED
6. APPROVAL OF AGENDA
7. CONSENT AGENDA
a. County's 2022 May Bill List Approval (online); (Staff Contact: Kimberly G. Van
Der Hyde)
b. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)
c. Certificate of Excellence (Tunstall High School Robotics State Championship)
Adoption (Chairman Ingram)
d. Proclamation Adoption Ratification (June 2; “Business Appreciation Day”); (Staff
Contact: Kaylyn M. McCluster)
e. Resolution # 2022-06-01 (VDOT Six (6)-Year Plan) Adoption (Staff Contact:
Kaylyn M. McCluster)
f. Certificate of Excellence (Nathan Harker Virginia Logger of the Year Award)
Adoption (Contact: Supervisor Dudley)
g. Certificate of Excellence (Emilee B. Harker Liberty University President’s Award for
Excellence in Teaching) Approval (Contact: Supervisor Dudley)
h. Hurt Partners Landfill Tipping Fee Waiver Ratification (Staff Contact: Matthew D.
Rowe)
Business Meeting - June 21, 2022
i. NRCS Cherrystone 2 Dam Grant/Appropriation Approval Ratification (Staff Contact:
Christopher C. Slermp)
j. Appointment: DPCS (Banister District); (Contact: Supervisor Barksdale)
k. Appointment: DPCS Board (Callands-Gretna District); (Supervisor Dalton)
l. Appointment: Library Board (Banister District); (Supervisor Barksdale)
m. Re-Appointment (DCC Advisory Board ); (Full Board); (Staff Contact: Kaylyn M.
McCluster)
n. Fire and Rescue ARPA Applications Funding Approval (Staff Contact: Christopher
C. Slemp)
o. Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Hon. Robin C.
Goard)
p. Town of Chatham/County First Amendment to Master Water and Sewer Extension
Approval (Staff Contact: Chris Adcock)
q. Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim Van
Der Hyde)
8. PRESENTATIONS
a. General Presentations (Board of Supervisors)
b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones)
c. Danville DMO Regional Tourism Update Presentation (Staff Contact: Clarence C.
Monday); (Presenter: Corrie T. Bobe)
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
A. Rezoning Public Hearings
Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the
Board of Supervisors have been empowered to hear and decide specific zoning issues
and zoning map changes in support of said Ordinance. In accomplishing this
Business Meeting - June 21, 2022
important task, the Board is responsible for promoting the health, safety, and general
public welfare of the citizens of Pittsylvania County. The Board must ensure that all
of its decisions and regulations be directed to these goals and that each be consistent
with the environment, the comprehensive plan, and in the best interest of Pittsylvania
County, its citizens, and its posterity.
Case 1: Public Hearing: Case R-22-008 Robert and Barbie Eanes; Rezoning from
RC-1, Residential Combined Subdivision District, to A-1, Agricultural
District. The Planning Commission recommended, by a 7-0 vote, with
opposition, that the Petitioners' request be granted. (Supervisor Warren)
Case 2: Public Hearing: Case R-22-009; Ronnie Warren; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District.
The Planning Commission recommended, by a 7-0 vote, with no
opposition, that the Petitioner's request be granted. (Supervisor Ingram)
Case 3: Public Hearing: Case R-22-015; Bradley and Shannon Mceowen;
Rezoning from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District. The Planning Commission recommended, by a 7-0
vote, with no opposition, that the Petitioners' request be granted.
(Supervisor Barksdale)
Case 4: Public Hearing: Case R-22-019; Industrial Development Authority of
Pittsylvania County, Virginia; Rezoning from M-1, Industrial District,
Light Industry, to M-2, Industrial District, Heavy Industry. The Planning
Commission recommended, by a 7-0 vote, with no opposition, that the
Petitioner's request be granted. (Supervisor Ingram)
Case 5: Public Hearing: Case R-22-023; Industrial Development Authority of
Pittsylvania County, Virginia; Rezoning from M-1, Industrial District,
Light Industry, to M-2, Industrial District, Heavy Industry. The Planning
Commission recommended, by a 7-0 vote, with no opposition, that the
Petitioner's request be granted. (Supervisor Chesher)
B. Other Public Hearings
Each person addressing the Board under a Public Hearing shall step up, give his/her
name and district, and/or his/her place of residency for non-County citizens, in an
audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be
limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless
the consent of the Board is affirmatively given to extend the speakers allotted time.
Absent Chairman’s approval, no person shall be able to speak who has not signed up.
1. Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control); (Staff
Contact: Emily S. Ragsdale)
11. UNFINISHED BUSINESS
a. First Pentecostal Holiness Church Real Estate Tax Refund (Staff Contact: R.
Goard/V. Hunt)
Business Meeting - June 21, 2022
b. Fire and Rescue Service Agreement (Staff Contact: Chris Key)
12. NEW BUSINESS
13. MATTERS FROM WORK SESSION (IF ANY)
14. BOARD MEMBER REPORTS
15. COUNTY ADMINISTRATOR REPORTS
16. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: County's 2022 May Bill List Approval (online); (Staff Contact: Kimberly
G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: June 21, 2022 Item Number: 7.a
Attachment(s):
Reviewed By:
SUMMARY:
At each Board Business Meeting, the County’s Auditors recommend the Board review payments
made by the County as oversight of County Fund expenditures. Said May Bill List is found at
the below link:
https://weblink.pittgov.net/WebLink/Browse.aspx?id=449249&dbid=0&repo=PittGovDocs
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the County’s 2022 May Bill List as presented.
MOTION:
“I make a Motion to approve the County’s 2022 May Bill List as presented.”
7.a
Packet Pg. 5
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 21, 2022 Item Number: 7.b
Attachment(s): 05-17-2022 Work Session - DRAFT
05-17-2022 Business Meeting - DRAFT
Reviewed By:
SUMMARY:
For the Board’s review and consideration, attached are the following Board Meeting Minutes:
(1) 05/17/2022 (Work Session); and
(2) 05/17/2022 (Business Meeting).
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board adopt the Board Meeting Minutes as attached and
presented.
MOTION:
“I make a Motion to adopt the Board Meeting Minutes as attached and presented.”
7.b
Packet Pg. 6
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
Work Session
May 17, 2022
VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on
May 17, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531.
CALL TO ORDER (2:00 PM)
Ingram called the Meeting to Order at 2:00 PM.
ROLL CALL
The following Board Members were in attendance:
Attendee Name Title Status Arrived
William V. ("Vic") Ingram Chairman - Tunstall District Present 1:49 PM
Jessie L. Barksdale Vice Chairman - Banister District Present 1:46 PM
Tim Chesher Supervisor - Dan River District Present 4:21 PM
Darrell Dalton Supervisor - Callands-Gretna District Present 1:47 PM
Timothy W. Dudley Supervisor - Staunton River District Present 1:55 PM
Ronald S. Scearce Supervisor - Westover District Present 1:58 PM
Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 1:50 PM
AGENDA ITEMS TO BE ADDED
None.
APPROVAL OF AGENDA
Motion to approve Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ingram
SECONDER: Barksdale
AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren
ABSENT: Chesher
PRESENTATIONS
a. Wayside Park Bridge Funding (Staff Contact: Justin G. Price)
Price gave an overview of Wayside Park and the repairs that are needed to the Park’s bridge. He
requested approval to move $11,500 from the Recreation Equipment Project Line to the Wayside
Park Project, which would allow $87,420.06 in available funds for this Project. The additional
funding needed is $205,303.94, and Price requested these funds come from the Building and
Grounds Improvement Fund.
Motion to add item to the Business Meeting Agenda for action.
7.b.a
Packet Pg. 7 Attachment: 05-17-2022 Work Session - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Work Session
RESULT: APPROVED [UNANIMOUS]
MOVER: Barksdale
SECONDER: Warren
AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren
ABSENT: Chesher
b. Reassessment Presentation (Staff Contact: Dave F. Arnold)
Fred Pearson presented an overview of how Pearson's Appraisal Service would conduct the
County's Reassessment process. Arnold also spoke on the approximately 4,800 new parcels that
were found and provided to the County in a report from Keystone Information Systems.
Pearson’s will review the potential newly discovered structures during their reassessment
process.
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
None.
BUSINESS MEETING DISCUSSION ITEMS
None.
CLOSED SESSION
Motion to enter Closed Session.
The Board entered Closed Session at 2:36 PM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Dudley
AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren
ABSENT: Chesher
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.
(Contact: Board of Supervisors)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: County Administrator
Purpose: Review of Applicants/Next Steps
b. Consultation with legal counsel employed or retained by a public body regarding specific
legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J.
Vaden Hunt, Esq.)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matters: Jail Land Acquisition/Procurement; County/Town of
7.b.a
Packet Pg. 8 Attachment: 05-17-2022 Work Session - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Work Session
Chatham Master Water and Sewer Agreement; VATI
Grant; Reassessment; Landfill Contract
Purpose: Legal Consultation/Legal Advice Regarding the Same
c. Discussion concerning a prospective business or industry or the expansion of an existing
business or industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the community. (Staff Contact:
Matthew D. Rowe)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Unannounced Prospective Businesses/Industries
Purpose: General Economic Development Projects Update
RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 6:55 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”)
Work Session on May 17, 2022, 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
Timothy W. Chesher Yes
Darrell W. Dalton Yes
Timothy W. Dudley Yes
Ronald S. Scearce Yes
Robert (“Bob”) W. Warren Yes
Jessie L. Barksdale Yes
William V. (“Vic”) Ingram Yes
ADJOURNMENT
Ingram closed the Meeting at 6:57 PM.
7.b.a
Packet Pg. 9 Attachment: 05-17-2022 Work Session - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
Business Meeting
May 17, 2022
VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held
on May 17, 2022 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531.
CALL TO ORDER (7:00 PM)
Ingram called the Meeting to Order at 7:00 PM.
ROLL CALL
The following Board Members were in attendance:
Attendee Name Title Status Arrived
William V. ("Vic") Ingram Chairman - Tunstall District Present 6:59 PM
Jessie L. Barksdale Vice Chairman - Banister District Present 7:01 PM
Tim Chesher Supervisor - Dan River District Present 7:01 PM
Darrell Dalton Supervisor - Callands-Gretna District Present 7:03 PM
Timothy W. Dudley Supervisor - Staunton River District Present 7:02 PM
Ronald S. Scearce Supervisor - Westover District Present 7:00 PM
Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:59 PM
AGENDA ITEMS TO BE ADDED
Motion to amend the Agenda as follows:
-add CPMT Alternate Member Appointment to the Consent Agenda as item 7t
Add the following items to Matters from Work Session:
-13a; Wayside Park Funding
-13b; Reassessment RFP Approval
-13c; Revised Commonwealth Home Healthcare LPA
-13d; Project Doswell Moral Obligation and Resolution # 2022-05-07
-13e; County Administrator Search
Move items 12a and 12b to Presentations as items 8d and 8e
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dalton
SECONDER: Chesher
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
Motion to move item 7k to New Business as item 13c
7.b.b
Packet Pg. 10 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Warren
SECONDER: Dudley
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
APPROVAL OF AGENDA
Motion to approve Agenda with additions and revisions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Warren
SECONDER: Barksdale
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
CONSENT AGENDA
Motion to approve Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dalton
SECONDER: Barksdale
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
a. County's April 2022 Bill List Approval (online); (Staff Contact: Kimberly G. Van Der
Hyde)
b. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)
c. Resolution # 2022-05-01 (VDOT Rural Rustic Roads Designation) Adoption (Staff Contact:
Kaylyn M. McCluster)
d. Resolution # 2022-05-02 (Supporting Danville Federal Courthouse Renovations) Adoption
(Staff Contact: Kaylyn M. McCluster)
e. Proclamation (Teacher Appreciation Week) Approval (Staff Contact: Kaylyn M.
McCluster)
f. Proclamation (Nurses' Appreciation Week/Day) Approval (Staff Contact: Kaylyn M.
McCluster)
g. Proclamation (National Police Week/Peace Officers Memorial Day) Approval (Staff
Contact: Kaylyn M. McCluster)
h. Proclamation (Community Action Month) Approval (Staff Contact: Kaylyn M. McCluster)
i. Proclamation (National EMS Week) Approval (Staff Contact: Kaylyn M. McCluster)
j. County Logo Style Guide Revisions Approval (Staff Contact: Caleb K. Ayers)
7.b.b
Packet Pg. 11 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
k. Fire and Rescue May (2022) ARPA Applications Approval (Staff Contact: Christopher C.
Slemp)
l. Leesville Lake Association Annual Beautification Day Solid Waste Tipping Fee Waiver
Approval (Staff Contact: Chris Adcock)
m. U.S. Hwy. 29 (Meadow Ridge Court) Solid Waste Construction Contract Award Approval
(Staff Contact: Chris Adcock)
n. Resolution # 2022-05-06 (Hazard Mitigation Plan) Adoption (Staff Contact: Christopher C.
Slemp)
o. Resolution # 2022-05-03 (Honoring Dr. Duffer’s Retirement) Adoption (Contact:
Supervisor Dalton)
p. Purchase of Service Weapon (Deputy Allison Smith Retirement) Approval (Contact:
Sheriff Taylor)
q. Sheriff’s Body Worn Camera Grant Application Submission Approval (Staff Contact:
Sheriff Taylor)
r. 2022 VATI Grant Agreement Approval (Staff Contact: Dave F. Arnold)
s. CPMT Alternate Member Appointment (Contact: Chairman Ingram)
PRESENTATIONS
a. School’s 1% Sales Tax Presentation (Presenter: Dr. Jones)
Dr. Martha Walker presented an update to the Board on the Schools 1% Sales Tax Referendum
and asked for their continued support.
b. Danville-Pittsylvania Cancer Association Update (Presenter: Moriah Shepherd)
Moriah Shepherd presented the services that the Danville-Pittsylvania Cancer Association
provides. Some of those services include emotional support, travel reimbursement, prescription
aid, and supplies. These services are at no cost to cancer patients that are citizens of the County
or Danville.
c. General Presentations (Board of Supervisors)
The Board presented a Resolution to Dr. Duffer honoring his retirement.
d. Resolution # 2022-05-04 (Supporting Naming the Business U.S. 29 North Bridge in
Hurt, Virginia, the "Trooper Henry Murray Brooks, Jr. Memorial Bridge”) Adoption
(Chairman Ingram)
Retired Colonel Wayne Huggins and Charles “Bill” Carrico, Sr., presented to the Board on State
Troopers who were killed in the line of duty. He highlighted the deaths of Trooper Henry
Murray Brooks, Jr., and Trooper Henry Noel Harmon.
Motion to approve Resolution # 2022-05-04 supporting naming the Business U.S. Highway 29
North Bridge in Hurt, Virginia, the “Trooper Henry Murray Brooks, Jr., Memorial Bridge.”
7.b.b
Packet Pg. 12 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Warren
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
e. Resolution # 2022-05-05 (“Supporting Naming the Route 57 Bridge in the Banister
District of Pittsylvania County, Virginia, the "Trooper Henry Noel Harmon Memorial
Bridge”) Adoption (Chairman Ingram)
Motion to approve Resolution # 2022-05-05 supporting naming the Route 57 Bridge in the
Banister District of Pittsylvania County, Virginia, the "Trooper Henry Noel Harmon Memorial
Bridge.”
RESULT: APPROVED [UNANIMOUS]
MOVER: Barksdale
SECONDER: Warren
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
HEARING OF THE CITIZENS
Elton Blackstock, Staunton River District, thanked the Board for being willing to serve County
citizens. He also thanked the Board for their work on funding the bridge Project at the Wayside
Park in Hurt, Virginia. He stated he was in support of the Commissioner of the Revenue, Robin
Goard, and he stated there has been a lot of talk regarding the properties that have been found
and why they are not on the books. Blackstock does not feel there should be a rush on these
properties, as the Commissioner has the authority to tax and go back three (3) years to tax the
properties. He asked for the Board to do it the right way and work with the Commissioner.
Wayne Robertson, Chatham-Blairs District, stated the Board was having a disagreement in the
last Meeting that he attended. He thanked Warren for the statement he made regarding a Bible
principle. He also stated his opposition on the proposed increase for the sales tax and he does
not think we need an increase in the sales tax, and the schools should be able to manage their
money well and not increase the sales tax. Mr. Robertson also stated his opposition on the trash
tax and stated he doesn't feel that we need a new Courthouse and what we have is perfectly
adequate.
Anita Royston, Banister District, President of the Pittsylvania County NAACP, spoke in support
of Robin Coles-Goard, Commissioner of the Revenue. She stated there have been comments
made to degrade the reputation of the Commissioner. She then read quotes from Goard's
endorsements by Shirley Hammock and Samuel Swanson and stated that sixty (60) percent of
voters showed their support for Goard during the last election.
PUBLIC HEARINGS
7.b.b
Packet Pg. 13 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
Rezoning Public Hearings
Case 1: Public Hearing: Case R-22-011; Jane Ellis Holding Company, LLC; Rezoning
from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-
1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no
opposition, that the Petitioner's request be granted. (Supervisor Barksdale)
In Case R-22-011, Jane Ellis Holding Company, LLC (“Petitioner”), has petitioned to rezone a
total of 52.01 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural
District, to A-1, Agricultural District (to allow for a Utility Scale Solar Energy Facility). The
subject property is located on located on State Road 689/Strader Road, in the Banister Election
District, and shown on the Tax Maps as GPIN # 2427-12-7949. Once the property is rezoned to
A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On April 5, 2022,
the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s
request be granted.
Ingram opened the Public Hearing at 8:16 PM. A representative from Dimension Renewable
Energy was present to represent the petition. No one signed up to speak and Ingram closed the
Public Hearing at 8:27 PM.
Motion to approve the rezoning of 52.01 acres from R-1, Residential Suburban Subdivision
District, and A-1, Agricultural District, to A-1, Agricultural District, to allow for a utility scale
solar energy facility. The rezoning would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dalton
SECONDER: Barksdale
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
Case 2: Public Hearing: Case R-22-012; Martha Adams; Rezoning from R-1, Residential
Suburban Subdivision District, to M-1, Industrial District, Light Industry. The Planning
Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request
be granted. (Supervisor Barksdale)
In Case R-22-012, Martha Adams (“Petitioner”) has petitioned to rezone 0.560 acres, from R-1,
Residential Suburban Subdivision District, to M-1, Industrial District, Light Industry (to allow
the property to be consolidated with a property zoned M-1). The subject property is located on
State Road 40/East Gretna Road, in the Banister Election District, and shown on the Tax Maps as
part of GPIN # 2530-33-6359. Once the property is rezoned to M-1, all uses listed under
Pittsylvania County Code § 35-383 are permitted. On April 5, 2022, the Planning Commission
recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted.
Ingram opened the Public Hearing at 8:29 PM. David Adams was present to represent the
Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:30 PM.
Motion to approve the rezoning of rezone 0.560 acres, from R-1, Residential Suburban
7.b.b
Packet Pg. 14 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
Subdivision District, to M-1, Industrial District, Light Industry, to allow the property to be
consolidated with an adjacent property zoned M-1.
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Barksdale
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
Case 3: Public Hearing: Case R-22-014 Joshua & Amy Jennings; RC-1, Residential
Combined Subdivision District, to A-1, Agricultural District. The Planning Commission
recommended, by an 8-0 vote, with no opposition, that the Petitioners' request be granted.
(Supervisor Ingram)
In Case R-22-014, Joshua and Amy Jennings (“Petitioners”) have petitioned to rezone a total of
9.83 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District
(to allow for an indoor gun range). The subject property is located on located State Road
58/Martinsville Highway, in the Tunstall Election District, and shown on the Tax Maps as GPIN
#s 1339-95-4594 and 1339-95-4137. Once the property is rezoned to A-1, all uses listed under
Pittsylvania County Code § 35-178 are permitted. On April 5, 2022, the Planning Commission
recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted.
Ingram opened the Public Hearing at 8:32 PM. Joshua Jennings was present to represent the
Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:33 PM.
Motion to approve the rezoning of a total of 9.83 acres, from RC-1, Residential Combined
Subdivision District, to A-1, Agricultural District, to allow for an indoor gun range. The
rezoning would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ingram
SECONDER: Warren
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
Other Public Hearings
1. Public Hearing: VDOT Secondary Six (6)-Year Plan and Plan Approval (Contact:
Jay Craddock, VDOT)
Annually, the Board and the Virginia Department of Transportation (“VDOT”) are required to
hold a Public Hearing to receive citizen input on the proposed Secondary Six (6)-Year Plan.
Ingram opened the Public Hearing at 8:38 PM. No one signed up to speak and Ingram closed the
Public Hearing at 8:38 PM.
Motion to approve the proposed VDOT Secondary Six (6)-Year Plan as presented and authorize
the Interim County Administrator to sign any related necessary documentation.
7.b.b
Packet Pg. 15 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Dalton
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
UNFINISHED BUSINESS
None.
NEW BUSINESS
a. Appointment: DSS Board (Westover District); (James ("Jim") Scearce) Approval
(Supervisor Scearce)
Scearce stated that Patricia Evans is currently his representative on the DSS Board, but she
wishes to not be re-appointed for another term. Ingram stated his opposition for this
appointment.
Motion to appoint James (“Jim”) Scearce to the DSS Board for a four (4)-year term beginning on
July 1, 2022.
RESULT: APPROVED [4 TO 3]
MOVER: Scearce
SECONDER: Dudley
AYES: Barksdale, Dudley, Scearce, Warren
NAYS: Ingram, Chesher, Dalton
b. Appointment: DSS Board (Tunstall District); (Nancy Eanes) Approval (Chairman
Ingram)
Motion to re-appoint Nancy Eanes to the DSS Board as the Dan River District Representative for
another four (4)-year term beginning on July 1, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Chesher
SECONDER: Warren
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
c. Fire and Rescue FY23 Service Agreement Approval (Staff Contact: Christopher C.
Slemp)
There was much discussion regarding this item and many suggested revisions.
Motion to revise the Fire and Rescue Service Agreement and bring back to the Board at next
month’s Meeting.
7.b.b
Packet Pg. 16 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Warren
SECONDER: Dudley
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
MATTERS FROM WORK SESSION (IF ANY)
a. Wayside Park Funding
Motion to award the contract to Concrete Foundations Inc., and authorize County Staff to
transfer sufficient funds from the County’s Buildings and Grounds improvement line item to the
Wayside Park Project.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Dalton
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
b. Reassessment RFP Approval
Ms. Goard, Commissioner of the Revenue, spoke to the Board regarding the 4,800 potential
newly discovered properties.
Motion to award the Reassessment Contract to Pearson’s Appraisal Services and for County
Staff to coordinate with the Commissioner of the Revenue and Pearson’s Appraisal Services to
prioritize the review and valuation of the potential 4,800 newly discovered structures to be added
to the County’s tax roll by January 1, 2023.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Barksdale
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
c. Revised Commonwealth Home Healthcare LPA
Motion to approve the revised Commonwealth Home Healthcare Local Performance Agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Ingram
SECONDER: Warren
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
d. Project Doswell Moral Obligation and Resolution # 2022-05-07
Motion to approve the Project Doswell Moral Obligation and Resolution # 2022-05-07.
7.b.b
Packet Pg. 17 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Chesher
SECONDER: Barksdale
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
e. County Administrator Search
Motion to conduct a nationwide search for a new County Administrator. As determined by the
Board, some of the previous candidates will be included in the search and the County will follow
all procurement laws to hire the national search firm.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Barksdale
AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren
BOARD MEMBER REPORTS
• Scearce stated he is willing to work with anyone on the Board, but his priorities are to be
accountable to his citizens and will continue to ask for accountability and transparency from the
leadership.
• Chesher thanked everyone for being in attendance, congratulated the graduates, and encouraged
college and trade school.
• Dudley thanked the citizens for coming to the Meeting and expressing their opinion. He also
thanked Fire and Rescue and stated that last weekend his neighbor had a house fire and several
Departments come out to help. His name is Jeff Kelly and asked everyone to keep him in prayer.
There were also two (2) firefighters in the house when there was an explosion and asked
everyone to keep them in prayer as well. He finally thanked County Staff for working hard to
get the Meeting together and thanked all Board Members.
• Warren echoed Chesher’s comments on congratulating the graduates and wished them luck on
going to college, trade school, or to work. He suggested revising the County’s Citizen Interest
Form to include the citizen’s signature. He also requested prayer for the citizens and
communities involved in the recent shootings in the community and to continue to pray for first
responders for those tragedies.
• Dalton thanked everyone for coming out and thanked Fire and Rescue, the Sheriff’s Department,
and all the fallen officers this week, and to also remember the graduates.
• Barksdale stated the Board/County is blessed with great County Staff and thanked everyone for
coming to the Meeting.
7.b.b
Packet Pg. 18 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 17, 2022
Business Meeting
• Ingram recognized all mothers for recently celebrating Mother’s Day, and he thanked his
colleagues for passing the Resolutions to recognize the fallen troopers. He also stated that
Memorial Day is coming and reminded everyone that it recognizes fallen service members, and
Veteran’s Day recognizes surviving veterans. He also recognized and congratulated the
graduates and spoke on 60 Minutes for featuring the Sharswood Plantation this past Sunday. He
thanked everyone for coming and also thanked all Fire and Rescue.
COUNTY ADMINISTRATOR REPORTS
Monday thanked the Board for their patience and their progress getting through the Meeting, and
he stated his pleasure of working in local government and it is a pleasure working with County
Staff and their hard work.
ADJOURNMENT
Ingram adjourned the Meeting at 9:28 PM.
7.b.b
Packet Pg. 19 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Certificate of Excellence (Tunstall High School Robotics State
Championship) Adoption (Chairman Ingram)
Staff Contact(s): Chairman Ingram
Agenda Date: June 21, 2022 Item Number: 7.c
Attachment(s): Certificate of Excellence - Tunstall High School Robotics Team
Reviewed By:
SUMMARY:
The Tunstall High School Robotics Team was named the 2021-22 FIRST Chesapeake Norfolk
Qualifier Alliance Finalist, and Jessica Jones, Tunstall High School agricultural education
teacher and coach for the team, was named a 2021-22 FIRST Chesapeake State Compass Award
recipient. Chairman Ingram desires to recognize them and the full Board also congratulates the
team on this amazing award. For the Board’s review and consideration, a Certificate of
Excellence evincing the same is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve the Certificate of Excellence honoring the Tunstall
High School Robotics Team as attached and presented.
MOTION:
“I make a Motion to approve the Certificate of Excellence honoring the Tunstall High School
Robotics Team as attached and presented.”
7.c
Packet Pg. 20
7.c.a
Packet Pg. 21 Attachment: Certificate of Excellence - Tunstall High School Robotics Team (3217 : Certificate of
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Proclamation Adoption Ratification (June 2; “Business Appreciation
Day”); (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 21, 2022 Item Number: 7.d
Attachment(s): 06-02-2022 Business Appreciation Day
Reviewed By:
7.d
Packet Pg. 22
SUMMARY:
Annually, the Board, in cooperation with the Danville-Pittsylvania County Chamber of
Commerce, sets up and supports Business Appreciation Day. Attached is a Proclamation,
already presented by Chairman Ingram, designating June 2, 2022, as “Business Appreciation
Day” in the County.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board ratify the adoption of the attached Proclamation designating
June 2, 2022, as “Business Appreciation Day” in the County.
MOTION:
“I make a Motion ratifying the adoption of the attached Proclamation designating June 2, 2022,
as “Business Appreciation Day” in the County.”
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
PROCLAMATION
BUSINESS APPRECIATION DAY
JUNE 2,2022
WHEREAS, Pittsylvania County, Virginia("County"), is pleased to have a thriving base
of business and industry to support the local economy; and
WHEREAS, these businesses provide essential employment opportunities for County
citizens; and
WHEREAS, these businesses provide local revenues from which the entire local
citizenry benefit; and
WHEREAS, these businesses also make significant contributions in the County to
promote educational opportunities for County children and promote a variety of activities
which increase the quality of life of the County; and
WHEREAS, the Pittsylvania Board of Supervisors ("Board") and County citizens
recognizes and appreciates these businesses; then
NOW, THEREFORE, the Board does hereby proclaim the day of June 2, 2022, as
Business Appreciation Day" in the County; and
BE IT FURTHER PROCLAIMED, that a copy of this Proclamation be forwarded to
local media sources.
Given under my hand this 2nd day of June, 202 .
j
Wi iam ("Vic" Ingram (Chairman)
Pittsyly County Bo• d of Supervisors
Clarence C. Monday (C •rk)
Pittsylvania County Bo.4 d of Supervisors
7.d.a
Packet Pg. 23 Attachment: 06-02-2022 Business Appreciation Day (3199 : Proclamation Adoption Ratification (June 2; “Business Appreciation Day”))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2022-06-01 (VDOT Six (6)-Year Plan) Adoption (Staff
Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 21, 2022 Item Number: 7.e
Attachment(s): 2022-06-01 VDOT Six Year Plan
Reviewed By:
SUMMARY:
Sections 33.2-358 and 33.2-364 of the Code of Virginia, 1950, as amended, provide the
opportunity for each County in the Commonwealth to work with the Virginia Department of
Transportation in developing a Secondary Six-(6) Year Road Plan (“Plan”). For the Board’s
review and consideration, attached is Resolution # 2022-06-01, supporting the adoption of said
Plan (for which a duly advertised and conducted public hearing was held at the Board’s May
Business Meeting) for County roads for FY2023 – FY2028.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve Resolution # 2022-06-01 as attached and
presented.
MOTION:
“I make a Motion to approve Resolution # 2022-06-01 as attached and presented and authorize
the Interim County Administrator to sign any necessary related documentation.”
7.e
Packet Pg. 24
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
_____________________________________________________________________________
RESOLUTION # 2022-06-01
____________________________________________________________________________________________________________
Virginia: At the Pittsylvania County Board of Supervisors’ Business Meeting held in the Board
Meeting Room in Chatham, Virginia, on Tuesday, May 17, 2022, at 7:00 p.m., the following Board members
were present:
Timothy W. Chesher Dan River District
Darrell D. Dalton Callands-Gretna District
Timothy W. Dudley Staunton River District
Ronald S. Scearce Westover District
Robert (“Bob”) W. Warren Chatham-Blairs District
Jessie L. Barksdale Banister District
William V. (“Vic”) Ingram Tunstall District
Motion made by Dudley, seconded by Dalton, and carried by a 7 to 0 vote of the Board:
WHEREAS, §§ 33.2-358 and 33.2-364, Code of Virginia, 1950, as amended, provide the opportunity
for each County to work with the Virginia Department of Transportation (“VDOT”) in developing the
Secondary Six (6)-Year Road Plan (“Plan”); and
WHEREAS, this Board has previously agreed to assist in the preparation of this Plan, in accordance
with VDOT policies and procedures, and participated in a Public Hearing on the proposed Plan (2023 - 2028)
on Tuesday, May 17, 2022, after being duly advertised so that all County citizens had the opportunity to
participate in said Public Hearing and to make comments and recommendations concerning the proposed Plan;
and
WHEREAS, Joseph Craddock, VDOT Assistant Resident Engineer, appeared before the Board and
recommended approval of the Plan; then
NOW, THEREFORE, BE IT RESOLVED, that since said Plan appears to be in the best interests of
the Secondary Road System in the County and of the citizens residing on the Secondary System, said Plan
hereby approved as presented at the Public Hearing.
Given under my hand this 21st day of June, 2022.
__________________________________________
William V. (“Vic”) Ingram (Chairman)
Pittsylvania County Board of Supervisors
__________________________________________
Clarence C. Monday (Clerk)
Pittsylvania County Board of Supervisors
7.e.a
Packet Pg. 25 Attachment: 2022-06-01 VDOT Six Year Plan (3200 : Resolution # 2022-06-01 (VDOT Six (6)-Year Plan) Adoption (Staff Contact: Kaylyn M.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Certificate of Excellence (Nathan Harker Virginia Logger of the Year
Award) Adoption (Contact: Supervisor Dudley)
Staff Contact(s): Supervisor Dudley
Agenda Date: June 21, 2022 Item Number: 7.f
Attachment(s): Certificate of Excellence - Nathan Harker
Reviewed By:
SUMMARY:
Nathan Harker (“Hawker”), a resident of the County’s Staunton River District, recently won the
Virginia Forestry Association Logger Merit Award. Supervisor Dudley desires to recognize him
and the full Board also congratulates him on this amazing award.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve the Certificate of Excellence honoring Harker as
attached and presented.
MOTION:
“I make a Motion to approve the Certificate of Excellence honoring Harker as attached and
presented.”
7.f
Packet Pg. 26
7.f.a
Packet Pg. 27 Attachment: Certificate of Excellence - Nathan Harker (3210 : Certificate of Excellence (Nathan Harker
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Certificate of Excellence (Emilee B. Harker Liberty University President’s
Award for Excellence in Teaching) Approval (Contact: Supervisor
Dudley)
Staff Contact(s): Supervisor Dudley
Agenda Date: June 21, 2022 Item Number: 7.g
Attachment(s): Certificate of Excellence - Emilee Harker
Reviewed By:
SUMMARY:
Emilee B. Harker (“Hawker”), a resident of the County’s Staunton River District, recently won
the Liberty University President’s Award for Excellence in Teaching. Supervisor Dudley desires
to recognize her and the full Board also congratulates her on this amazing award.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve the Certificate of Excellence honoring Harker as
attached and presented.
MOTION:
“I make a Motion approving the Certificate of Excellence honoring Harker as attached and
presented.”
7.g
Packet Pg. 28
7.g.a
Packet Pg. 29 Attachment: Certificate of Excellence - Emilee Harker (3211 : Certificate of Excellence (Emilee B. Harker
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Hurt Partners Landfill Tipping Fee Waiver Ratification (Staff Contact:
Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: June 21, 2022 Item Number: 7.h
Attachment(s):
Reviewed By:
SUMMARY:
Due to intense prospect interest at the Southern Virginia Multimodal Park (“SVMP”) in Hurt,
Virginia, the property owners, Hurt Partners, LLC (“Hurt Partners”), have agreed to proactively
remove non-hazardous construction debris located onsite and dispose of the material at the
County landfill. This work is being done at Hurt Partners’ cost and is a significant cost savings
to the Staunton River Regional Industrial Facility Authority (“SRRIFA”). Hurt Partners has
requested that the Board waive the County Landfill tipping fees associated with the cleanup at
the property in a sign of partnership. The value of the County waiving its Landfill tipping fees
would be reflected in the due-to-from contributions of SRRIFA.
FINANCIAL IMPACT AND FUNDING SOURCE:
Hurt Partners is funding and completing the cleanup of non-hazardous construction debris at the
SVMP property. The County would be waiving County Landfill tipping fees with an estimated
revenue value of $82,000.00.
RECOMMENDATION:
County Staff recommends the Board ratify (due to the fact that the disposal has already occurred)
the approval of the County Landfill Tipping Fee Waiver for Hurt Partners that is associated with
the cleanup of non-hazardous construction debris at the SVMP property.
MOTION:
“I make a Motion to ratify the approval of the County Landfill Tipping Fee Waiver that is
associated with the cleanup of non-hazardous construction debris at the SVMP Property.”
7.h
Packet Pg. 30
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: NRCS Cherrystone 2 Dam Grant/Appropriation Approval Ratification
(Staff Contact: Christopher C. Slermp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: June 21, 2022 Item Number: 7.i
Attachment(s): USDA Cherrystone Creek 2A Grant Design and Engineering
Reviewed By:
SUMMARY:
The U.S. Department of Agriculture Natural Resources Conservation Service has awarded
$790,000 for the design of rehabilitation of Cherrystone Creek 2 Dam (like the Grant for
Cherrystone 1 Dame), under the Watershed Rehabilitation Program. For the Board’s review and
consideration, an Agreement (and other related documents) evincing the same is attached. This
Agreement includes funding for the design phase. If additional funds become available to totally
complete the Project through construction, an Amendment will be proposed with the Sponsor. If
agreed by the parties, this Agreement will be amended accordingly. This Agreement includes
clauses for other phases that may or may not be funded.
FINANCIAL IMPACT AND FUNDING SOURCE:
This Grant totaling $790,000 is to be used for the development of a design for the rehabilitation
of Cherrystone Creek 2 Dam. This Grant does not require a local match.
RECOMMENDATION:
County staff recommends the Board ratify the execution of the Grant documents (previously
signed due to timing issues), as well as the appropriation of $790,000 to the County’s Grants
Fund.
MOTION:
“I make a Motion of ratify the execution of the attached Grant documents, as well as the
appropriation of $790,000 to the County’s Grants Fund.”
7.i
Packet Pg. 31
7.i.a
Packet Pg. 32 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification
7.i.a
Packet Pg. 33 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification
7.i.a
Packet Pg. 34 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification
7.i.a
Packet Pg. 35 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification
7.i.a
Packet Pg. 36 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification
7.i.a
Packet Pg. 37 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification
7.i.a
Packet Pg. 38 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: DPCS (Banister District); (Contact: Supervisor Barksdale)
Staff Contact(s): Supervisor Barksdale
Agenda Date: June 21, 2022 Item Number: 7.j
Attachment(s):
Reviewed By:
SUMMARY:
Willie Fitzgerald (“Fitzgerald”) is currently the DPCS Board’s Banister District Representative.
His term expires at the end of June and Supervisor Barksdale desires for Willie Fitzgerald
(“Fitzgerald”) to be re-appointed for a new three (3)-year term beginning on July 1, 2022, and
ending on June 30, 2025.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board re-appoint Fitzgerald as the DPCS Board’s Banister District
Representative for a three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025.
MOTION:
“I make a Motion to re-appoint Fitzgerald as the DPCS Board’s Banister District Representative
for a three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025.”
7.j
Packet Pg. 39
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: DPCS Board (Callands-Gretna District); (Supervisor
Dalton)
Staff Contact(s): Supervisor Dalton
Agenda Date: June 21, 2022 Item Number: 7.k
Attachment(s):
Reviewed By:
SUMMARY:
Kimberly Van Der Hyde (“Van Der Hyde”) is currently the DPCS Board’s Callands-Gretna
District Representative. Her term expires at the end of June and Supervisor Dalton desires for
Van Der Hyde to be re-appointed for a new three (3)-year term beginning on July 1, 2022, and
ending on June 30, 2025.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board re-appoint Van Der Hyde as the DPCS Board’s Callands-
Gretna District Representative for a three (3)-year term beginning on July 1, 2022, and ending on
June 30, 2025.
MOTION:
“I make a Motion to re-appoint Van Der Hyde as the DPCS Board’s Callands-Gretna District
Representative for a three (3)-year term beginning on July 1, 2022, and ending on June 30,
2025.”
7.k
Packet Pg. 40
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: Library Board (Banister District); (Supervisor Barksdale)
Staff Contact(s): Supervisor Barksdale
Agenda Date: June 21, 2022 Item Number: 7.l
Attachment(s):
Reviewed By:
SUMMARY:
Portia Fitzgerald (“Fitzgerald”) is currently the County Library Board’s Banister District
Representative. Her term expires at the end of June and Supervisor Barksdale desires for
Fitzgerald to be re-appointed for a new four (4)-year term beginning on July 1, 2022, and ending
on June 30, 2026.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board re-appoint Fitzgerald as the County Library Board’s
Banister District Representative for a new four (4)-year term beginning on July 1, 2022, and
ending on June 30, 2026.
MOTION:
“I make a Motion to re-appoint Fitzgerald as the County Library Board’s Banister District
Representative for a new four (4)-year term beginning on July 1, 2022, and ending on June 30,
2026.”
7.l
Packet Pg. 41
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Re-Appointment (DCC Advisory Board ); (Full Board); (Staff Contact:
Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 21, 2022 Item Number: 7.m
Attachment(s):
Reviewed By:
SUMMARY:
Barbara Brown (“Brown”) is currently the County representative on the Danville Community
College (“DCC”) Advisory Board, and her term is set to expire on June 30, 2022. She is eligible
for another four (4)-year term and has expressed her desire to be re-appointed. This is a full
Board appointment.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board re-appoint Brown to the DCC Advisory Board for another
four (4)-year term beginning on July 1, 2023.
MOTION:
“I make a Motion to re-appoint Brown to the DCC Advisory Board for another four (4)-year
term beginning on July 1, 2023.”
7.m
Packet Pg. 42
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Fire and Rescue ARPA Applications Funding Approval (Staff Contact:
Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: June 21, 2022 Item Number: 7.n
Attachment(s):
Reviewed By:
SUMMARY:
In 2021, the Board committed $1,000,000 of the County’s ARPA funding to the County’s
Volunteer Fire and Rescue Departments. Departments are eligible to receive up to $43,000 in
funding and can submit multiple Project Applications. The Fire and Rescue Commission
(“FRC’) created an Ad Hoc Committee to review Project Applications from the County’s
Volunteer Departments.
The following Applications are recommended by the FRC for funding:
• Callands Fire and Rescue Station HVAC upgrades $2124.21
• Laurel Grove Fire Dept Down payment on apparatus $26,727.79
• Hurt Fire Department Debt Service on Station $43,000
• Mt. Hermon Fire and Rescue Lost Revenue & Station upgrades $43,000
• Mt. Cross Fire Dept Fire Equipment & PPE $11,065.83
FINANCIAL IMPACT AND FUNDING SOURCE:
Requested funds are coming from the County’s ARPA funds and have no impact on the
County’s General Budget.
RECOMMENDATION:
County Staff recommends the Board approve using the County’s ARPA Funding for the Projects
as presented.
MOTION:
“I make a Motion approving the use of the County’s ARPA Funding for the Projects as
presented.”
7.n
Packet Pg. 43
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Hon.
Robin C. Goard)
Staff Contact(s): Robin C. Goard
Agenda Date: June 21, 2022 Item Number: 7.o
Attachment(s): JJ Truck Sales
JJ Truck Sales 2
Reviewed By:
SUMMARY:
Per Commissioner Goard, J&J Truck Sales, Inc. (“J&J”), listed over $1,000,000 in inventory
(merchants’ capital) for tax year 2021, and the Commissioner’s Office failed to use the sliding
scale to assess the merchants’ capital. Therefore, a tax overpayment refund is due and owing
J&J in the amount of $76,255.91. Per Pittsylvania County Code § 6-6.2, “[i]n the event the
Commissioner of Revenue makes a determination that such erroneous assessment has adverse
financial impact on the annual budgetary process of the County, the Commissioner shall
promptly notify the Board of Supervisors of such erroneous assessment and its effect on County
finances.”
FINANCIAL IMPACT AND FUNDING SOURCE:
If approved, a tax overpayment refund of $76,255.91 would come from the County’s General
Fund.
RECOMMENDATION:
County Staff recommends the Board authorize the County’s Treasurer to refund $76,255.91 to
J&J as presented.
MOTION:
“I make a Motion to authorize the Treasurer to refund $76,255.91 to J&J as presented.”
7.o
Packet Pg. 44
7.o.a
Packet Pg. 45 Attachment: JJ Truck Sales (3227 : Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Robin C. Goard))
7.o.b
Packet Pg. 46 Attachment: JJ Truck Sales 2 (3227 : Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Robin C. Goard))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Town of Chatham/County First Amendment to Master Water and Sewer
Extension Approval (Staff Contact: Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: June 21, 2022 Item Number: 7.p
Attachment(s):
Reviewed By:
SUMMARY:
At the Board’s December 2021 Business Meeting, as a Consent Agenda item, a six (6)-month
extension of the 1991 Water Agreement with the Town of Chatham and for the County to accept
the obligations/rights of the former PCSA for all current water and sewer agreements was
unanimously approved. Said Agreement, known as the First Amendment to December 31, 1991,
Water Agreement, is set to expire on June 30, 2022. Additional time is needed to complete the
ongoing negotiations of the terms and consolidation of the existing water and sewer agreements
with the Town.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable
RECOMMENDATION:
County Staff recommends the Board approve a ninety (90)-day extension of the First
Amendment to the December 31, 1991, Water Agreement with the Town.
MOTION:
“I make a Motion to authorize County Staff to enter into a ninety (90)-day extension of the First
Amendment to the December 31, 1991, Water Agreement”
7.p
Packet Pg. 47
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Virginia is for Lovers Grant County Fiscal Agent Approval (Staff
Contact: Kim Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: June 21, 2022 Item Number: 7.q
Attachment(s): LOVEworkReimbursementFundAgreement
VA is for Lovers_W9-VTC
Reviewed By:
SUMMARY:
Brenda Bowman (“Bowman”), from the County’s Chatham-Blairs District, appeared before the
Board at its April 19, 2022, Meeting. At that Meeting, she expressed a desire to erect a new
“LOVE” sign in the County. Bowman stated that tourism is no longer a division of the Chamber
of Commerce but is now a part of the Economic Development team for the City of Danville,
Virginia. She has had many conversations with Lisa Merriweather, and there can be multiple
“LOVE” signs in the area. Bowman would like a new, permanent “LOVE” sign in the County,
possibly being erected at the Olde Dominion Agricultural Complex in Chatham, Virginia.
Amthor International, a major County industry, has agreed to build the steel structure. Bowman
stated she is not asking for funds, but only support and for the County to sign the “LOVE” sign
Grant Application that she will be providing soon.
For the Board’s review and consideration, Bowman has provided the attached related Grant
documents in the amount of $1,500 for the County to review and further discuss with the DMO.
FINANCIAL IMPACT AND FUNDING SOURCE:
There is no financial impact to the County as the County is not agreeing to ongoing maintenance
and upkeep of the asset.
RECOMMENDATION:
County Staff recommends the Board authorize County Staff to either sign the attached Grant
documents allowing the County to become the Virginia is for Lovers’ Grant’s Fiscal Agent or to
collaborate with the DMO as to the most appropriate entity to serve in this capacity.
MOTION:
“I make a Motion to authorize County Staff to either sign the attached Grant documents allowing
the County to become the Virginia is for Lovers’ Grant’s Fiscal Agent or to collaborate with the
DMO as to the most appropriate entity to serve in this capacity.”
7.q
Packet Pg. 48
7/26/18
Virginia Tourism Authority
(dba Virginia Tourism Corporation)
LOVE Creation Reimbursement Fund Agreement
LIABILITIES AND RESPONSIBILITIES OF APPROVED APPLICANT
By participating in this program, the undersigned applicant (the "Applicant")
expressly agrees as follows:
• This artwork shall be designed to promote family-friendly vacation experiences in Virginia
and the Virginia is for Lovers message.
• The Applicant agrees to secure any necessary permits/paperwork/local approval for the
proposed artwork location.
• VTC shall have approval at its sole discretion on any changes, updates, new locations or any
modification that happens to the LOVE artwork after its creation and before such changes are
to occur.
• VTC is not responsible for implementation of artwork program, and disclaims any liability
for any consequences thereof, including but not limited to, any accidents or injuries incurred
by visitors, staff, or volunteers, as a result of interaction with the LOVE artwork. The
Applicant agrees that it is liable for accidents and/or injuries caused by its participation in
this program and agrees to indemnify, defend and hold harmless VTC, its officers, agents,
and employees from any claims, damages and actions of any kind or nature, arising from or
caused by the use of the LOVE artwork, including attorneys' fees and any other costs
incurred in regard to any claim.
• The Applicant’s volunteers or paid staff shall not serve or consume alcoholic beverages, use
illegal drugs or illegal materials in connection with the LOVE artwork.
• The Applicant’s volunteers or paid staff shall not solicit contributions or charge admission
solely to access and interact with the LOVE artwork.
• The Applicant agrees to use the VTC's direction on artistic style including fonts, materials,
messaging, logo usage and marketing.
• The Applicant agrees to accept responsibility for maintenance and upkeep of the LOVE
creation.
• The project including design, usage, placement, marketing and messaging must be
approved by VTC and, where possible, include the Virginia is for Lovers logo on the
artwork. Any online references should include links to www.Virginia.org/love.
• To be reimbursed, applicants must submit copies of invoices and proof of payment for
each vendor used. Applicants must also submit proof of payment for any costs related
to materials. Any such reimbursements are limited to $1,500.
• No news releases, announcements or information about the LOVE creation shall be released
by Applicant without VTC’s review and prior approval.
7.q.a
Packet Pg. 49 Attachment: LOVEworkReimbursementFundAgreement (3225 : Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim
7/26/18
• VTC shall have the right to publicize, promote, and distribute news releases regarding the
LOVE artwork, as it deems appropriate, without permission or approval of Applicant.
• The artwork shall remain in place for a minimum of a year after its placement.
• Should it become necessary or desirable for the LOVE artwork to be removed from its
location site, Applicant shall first notify VTC prior to its removal. Applicant shall be
responsible for the removal of the LOVE artwork and any costs associated with such removal
and site restoration, if applicable.
I have read, understand, and agree to comply with the terms and conditions of this
agreement.
Accepted by:
Name (Print): _____________________________________________________________________________
Title (Print): _______________________________________________________________________________
Organization (Print): _____________________________________________________________________
Signature of Representative: ____________________________________ Date___________________
VTC USE ONLY
Approved by: __________ Paid Date: __________
Date: __________ Invoice#: __________
7.q.a
Packet Pg. 50 Attachment: LOVEworkReimbursementFundAgreement (3225 : Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim
Revised 6/16/03
VIRGINIA TOURISM CORPORATION
Request For Taxpayer Identification Number (TIN) and Certification
Substitute W-9 Form
Vendor number IRS code Section 6109 requires you to give your correct TIN to persons who must file information returns with the IRS to report income
paid to you. The VTC is required by the IRS to withhold 31% of the payments made to payees who do not provide a TIN.
I. Please make any necessary corrections and/or additions to the information below.
Legal Business Name:
Business Name if different
than above (d/b/a)
Key Contact:
Address:
Address:
City/State/Zip:
Telephone #:
II. Organization Information:
A. Entity Type: (Circle One)
Individual Sole Proprietor Partnership Medical Corp. Corporation Trust Estate Other ___________
B. Taxpayer Identification Number (TIN) - Complete #1, #2, or #3 below.
1. 1. - - 2. -
Social Security Number Employer ID Number
3. Check this box if operating as a Foreign Entity in the United States without a TIN.
C. Please Answer the Following Questions: (Check either YES or NO)
1. Is your organization (association, club, religious, charitable, educational, YES NO
or other group) tax exempt under IRS Code Section 501(a)?
2. Are you a Real Estate Agent? YES NO
D. Check All Applicable:
(Note – Providing this information is voluntary. All information gathered will be used for statistical purposes only.)
Small Business – provide certification number ___________________
Woman Owned Business – provide certification number ___________________
Minority Owned Business – provide certification number ___________________
If not certified, contact Department of Minority Business Enterprise at 804-786-3109
III. Certification Under Penalties of perjury, I certify that:
A. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued
to me), and
B. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been
notified by the IRS that I am subject to backup withholding as a result of a failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding.
Certification Instructions: You must cross out item B above if you have been notified by the IRS that you are subject to backup
withholding because of underreporting interest or dividend on your tax return.
Signature Date
7.q.b
Packet Pg. 51 Attachment: VA is for Lovers_W9-VTC (3225 : Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim Van Der Hyde))
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: General Presentations (Board of Supervisors)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 21, 2022 Item Number: 8.a
Attachment(s):
Reviewed By:
The Board will present Proclamations, Resolutions, and/or Certificates approved/adopted on the
June Consent Agenda.
8.a
Packet Pg. 52
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 21, 2022 Item Number: 8.b
Attachment(s):
Reviewed By:
Dr. Mark Jones, Pittsylvania County Schools Superintendent, will give the Board an update on
the County School's 1% Sales Tax Referendum Campaign Committee.
8.b
Packet Pg. 53
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Danville DMO Regional Tourism Update Presentation (Staff Contact:
Clarence C. Monday); (Presenter: Corrie T. Bobe)
Staff Contact(s): Clarence C. Monday
Agenda Date: June 21, 2022 Item Number: 8.c
Attachment(s): City Council Presentation for Pittsylvania June 21
Reviewed By:
Corrie T. Bobe, Danville Economic Development Director, and Lisa Meriwether, Tourism
Manager, will present the Board an update regarding the regional tourism efforts, and will also
introduce consultants who will lead the marketing/branding strategic plan.
8.c
Packet Pg. 54
8.c.aPacket Pg. 55Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
This region’s opportunity•Tourism is becoming an ever-more crucial, significant andvital industry for Pittsylvania County and the City of Danville•According to VTC, the tourism economy was alreadybringing in $2.4 million in local tax revenue annually andsupporting ~1,500 local jobs pre-pandemic•Now, with the $500M, 600-room, Caesars resort projectunder construction in Danville, those numbers are to surgeand the promise of the positive impact this can have onquality of life in the area is driving local excitement•By coordinating efforts and proactively engaging citizens inthe communications, planning, and outreach process asthey relate to tourism, we can work together to thoughtfullyand intentionally maximize the opportunity aheadMeet the Moment!8.c.aPacket Pg. 56Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
GETTING ACQUAINTEDEddyAlexander specializes in helpingcommunities like yours position for andachievesmart, sustainablegrowth. The EddyAlexander team is uniquelyqualified to serve thiscommunity andwe want to come upbeside your team as experienced, committedpartners who can help you navigate both the risk and the opportunitiesahead.We are:•11 years of consistent growth and recognition•Nationally (and Virginia) CertifiedWomenOwned Small Business•Trusted by top clients nationallyandinternationally•Committed to taking on marketing and communications projects that have a real,measurable anddecidedlypositive impact on communities•Savvy, data-driven, smart-growthadvocatesECONOMICDEVELOPMENTTOURISM&PLACEMAKINGEMERGINGTECHNOLOGYPROFESSIONALSERVICESHEALTHCAREHIGHEREDUCATION8.c.aPacket Pg. 57Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
8.c.aPacket Pg. 58Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
Why Invest in Tourism?•Positive economic, environmental, and social impact for thecommunity•Bringing outside money into a local economy is a netpositive gain - more resources provides for better quality oflife–more jobs, better public services, more abundantactivities•Tourism supports intentional preservation of natural,historical, and cultural assets•Tourism is the front door to economic developmentHow do we measure success?•Average length of stay (longer stays = more economicimpact)•Citizen satisfaction (better resources, more things to do,safer and more beautiful spaces to do them)•Improved reputation–what are people saying about living,working, playing, and staying here?8.c.aPacket Pg. 59Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
AWARENESSCONSIDERATIONPREFERENCESELECTIONEXPERIENCETourism brandingimpacts communitygrowth, siteselection, andadvocacy8.c.aPacket Pg. 60Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
Tourism Marketing Tactics•Logo•Color Palette•Font Style•Research•Surveys•Focus Groups•Demographics•Advertising•Public Relations•Events•Packaging•PricingA brand can be thought of as what people think and say aboutyou when you aren’t in the room to influence what they say. BUILDING FOR REPUTATION & REALITY8.c.aPacket Pg. 61Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
PROJECT APPROACHEddy Alexander’s support is divided into five strategic work phasesDISCOVERGathering of all neededdetails and researchrelated to the projectand its goals, targets,and specificationsSYNTHESIZEOutlining of projectpriorities andmilestones andformalizing “the plan” for specific creativedirectionCREATEAll new design elementsare createdand areclient-approved basedon interactive anditerative feedbacksessionsIMPLEMENTOncewe have gainedclient approval, we runfull quality assurancechecks, trainend users,and moveassets intomarket through brandactivationMEASUREAs tactics areimplemented, ourteam continuouslywatches performancemetrics and offersoptimizingtactics todrive to desiredoutcomes8.c.aPacket Pg. 62Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
TOURISM MARKETING ROADMAP–WHAT TO EXPECT•Secondary research•Primary research:community surveys,historic visitationanalysis•Synthesis:communityvalidation meetings•Creative development•Focus groups•Stakeholdercommittees &promotion planning•Brand activation•Website launch•Digital ads•Environmental displaysand experiences•Earned media attention•Ongoing marketingcollaborationworkgroups•Social media•Event & sponsorship management•Multimedia production &distribution•Community relations•Ongoing asset and Infrastructurematuration•Ongoing partnership development(Group travel packages, OTADistribution, etc.)8.c.aPacket Pg. 63Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
8.c.aPacket Pg. 64Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
GET INVOLVED:Surveys●Direct mail notifications–postcard invitationsare being sent toevery home and business inthe city of Danville and PittsylvaniaCounty●Survey can be taken online with a computer, cell phone, tablet, orat any of the local librariesCommunityPresentations●We will hold two community presentations to share our findingand ask the community to validor correct our direction.Focus Groups●Once we’ve begun our design process, we will hold focus groups (selected from survey participants) to help us narrow in on creativedirection8.c.aPacket Pg. 65Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
We will create a uniquevisual and verbal identityforyour communitythatstrives to be 50%authenticand50%aspirational.AuthenticAspirationalAligned with YourCommunity's VisionNoteworthyDifferentiatedRootedin Your Community'sTruthHistorically AccurateAchievableBRAND IDENTITY SYSTEM DESIGN8.c.aPacket Pg. 66Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
Questions?You can reach us at 540.404.8152 or by emailing J.Eddy@EddyAlexander.comThank youfor your time and consideration. We look forwardto hearing fromyou.8.c.aPacket Pg. 67Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
Insert Text8.c.aPacket Pg. 68Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-22-008 Robert and Barbie Eanes; Rezoning from
RC-1, Residential Combined Subdivision District, to A-1, Agricultural
District. The Planning Commission recommended, by a 7-0 vote, with
opposition, that the Petitioners' request be granted. (Supervisor Warren)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 21, 2022 Item Number: 10.A.1
Attachment(s): R-22-008 Robert & Barbie Eanes App
R-22-008 Robert & Barbie Eanes Map
Reviewed By:
SUMMARY:
In Case R-22-008, Robert and Barbie Eanes (“Petitioners”) have petitioned to rezone 7.41 acres,
from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow
for two (2) dwellings to be placed on the property). The subject property is located on State
Road 718/Snakepath Road, in the Chatham-Blairs Election District, and shown on the Tax Maps
as GPIN # 2434-10-4406. Once the property is rezoned to A-1, all uses listed under Pittsylvania
County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended,
by a 7-0 vote, with opposition, that the Petitioners’ request be granted. For the Board’s review,
the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-22-008 as presented. The subject property is
adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan.
MOTION: “In Case R-22-008, I make a Motion to approve the rezoning of rezone 7.41 acres from RC-1,
Residential Combined Subdivision District, to A-1, Agricultural District, to allow for two (2)
dwellings to be placed on the property. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.1
Packet Pg. 69
10.A.1.a
Packet Pg. 70 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
10.A.1.a
Packet Pg. 71 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
10.A.1.a
Packet Pg. 72 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
10.A.1.a
Packet Pg. 73 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
10.A.1.a
Packet Pg. 74 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
10.A.1.a
Packet Pg. 75 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
10.A.1.a
Packet Pg. 76 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
10.A.1.b
Packet Pg. 77 Attachment: R-22-008 Robert & Barbie Eanes Map (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-22-009; Ronnie Warren; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District.
The Planning Commission recommended, by a 7-0 vote, with no
opposition, that the Petitioner's request be granted. (Supervisor Ingram)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 21, 2022 Item Number: 10.A.2
Attachment(s): R-22-009 Ronnie Warren App
R-22-009 Ronnie Warren Map
Reviewed By:
SUMMARY:
In Case R-22-009, Ronnie Warren (“Petitioner”) has petitioned to rezone 2.91 acres, from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for an
accessory structure to be placed without a dwelling on the property). The subject property is
located on State Road 622/Cascade Road, in the Tunstall Election District, and shown on the Tax
Maps as GPIN # 1358-08-7268. Once the property is rezoned to A-1, all uses listed under
Pittsylvania County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission
recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-22-009 as presented. The subject property is
adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan.
MOTION: “In Case R-22-009, I make a Motion to approve the rezoning of rezone 2.91 acres from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for an
accessory structure to be placed on the property. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.2
Packet Pg. 78
10.A.2.a
Packet Pg. 79 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
10.A.2.a
Packet Pg. 80 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
10.A.2.a
Packet Pg. 81 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
10.A.2.a
Packet Pg. 82 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
10.A.2.a
Packet Pg. 83 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
10.A.2.a
Packet Pg. 84 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
10.A.2.a
Packet Pg. 85 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
10.A.2.b
Packet Pg. 86 Attachment: R-22-009 Ronnie Warren Map (3220 : Public Hearing: Case R-22-009 Ronnie Warren)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-22-015; Bradley and Shannon Mceowen;
Rezoning from R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District. The Planning Commission recommended, by a 7-0
vote, with no opposition, that the Petitioners' request be granted.
(Supervisor Barksdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 21, 2022 Item Number: 10.A.3
Attachment(s): R-22-015 Bradley & Shannon Mceowen App
R-22-015 Bradley & Shannon Mceowen Map
Reviewed By:
SUMMARY:
In Case R-22-015, Bradley and Shannon Mceowen (“Petitioners”) have petitioned to rezone a
total of 34.9 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural
District (to allow for agricultural uses). The subject property is located on State Road
57/Halifax Road, in the Banister Election District, and shown on the Tax Maps as GPIN #s 2456-
0198 and 2456-31-5275. Once the property is rezoned to A-1, all uses listed under Pittsylvania
County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended,
by a 7-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s
review, the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-22-015 as presented. The subject property is
adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be
consistent with the County’s Comprehensive Plan.
MOTION: “In Case R-22-015, I make a Motion to approve the rezoning of a total of 34.9 acres from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural
uses. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.3
Packet Pg. 87
10.A.3.a
Packet Pg. 88 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
10.A.3.a
Packet Pg. 89 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
10.A.3.a
Packet Pg. 90 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
10.A.3.a
Packet Pg. 91 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
10.A.3.a
Packet Pg. 92 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
10.A.3.a
Packet Pg. 93 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
10.A.3.a
Packet Pg. 94 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
10.A.3.b
Packet Pg. 95 Attachment: R-22-015 Bradley & Shannon Mceowen Map (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-22-019; Industrial Development Authority of
Pittsylvania County, Virginia; Rezoning from M-1, Industrial District,
Light Industry, to M-2, Industrial District, Heavy Industry. The Planning
Commission recommended, by a 7-0 vote, with no opposition, that the
Petitioner's request be granted. (Supervisor Ingram)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 21, 2022 Item Number: 10.A.4
Attachment(s): R-22-019 IDA
R-22-019 IDA Map
Reviewed By:
SUMMARY:
In Case R-22-019, the Industrial Development Authority of Pittsylvania County, Virginia
(“Petitioner”) has petitioned to rezone 36.5 acres, from M-1, Industrial District, Light Industry,
to M-2, Industrial District, Heavy Industry, (to allow for more intensive industrial uses). The
subject property is located on Brosville Industrial Trail, in the Tunstall Election District, and
shown on the Tax Map as GPIN #1368-56-4743. Once the property is rezoned to A-1, all uses
listed under Pittsylvania County Code § 35-402 are permitted. On June 7, 2022, the Planning
Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be
granted. For the Board’s review, the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-22-019 as presented. The rezoning would be consistent with the County’s Comprehensive Plan.
MOTION: “In Case R-22-019, I make a Motion to approve the rezoning of rezone 36.5 acres from M-1,
Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more
intensive industrial uses. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.4
Packet Pg. 96
10.A.4.a
Packet Pg. 97 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia)
10.A.4.a
Packet Pg. 98 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia)
10.A.4.a
Packet Pg. 99 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia)
10.A.4.a
Packet Pg. 100 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia)
10.A.4.a
Packet Pg. 101 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia)
10.A.4.a
Packet Pg. 102 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia)
10.A.4.b
Packet Pg. 103 Attachment: R-22-019 IDA Map (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-22-023; Industrial Development Authority of
Pittsylvania County, Virginia; Rezoning from M-1, Industrial District,
Light Industry, to M-2, Industrial District, Heavy Industry. The Planning
Commission recommended, by a 7-0 vote, with no opposition, that the
Petitioner's request be granted. (Supervisor Chesher)
Staff Contact(s): Emily
Agenda Date: June 21, 2022 Item Number: 10.A.5
Attachment(s): R-22-023 IDA
R-22-023 IDA Map
Reviewed By:
SUMMARY:
In Case R-22-023, the Industrial Development Authority of Pittsylvania County, Virginia
(“Petitioner”), has petitioned to rezone 51.04 acres from M-1, Industrial District, Light Industry,
to M-2, Industrial District, Heavy Industry (to allow for more intensive industrial uses). The
subject property is located on State Road 1299/Cane Creek Parkway, in the Dan River Election
District, and shown on the Tax Map as GPIN #2347-69-4959. Once the property is rezoned to
A-1, all uses listed under Pittsylvania County Code § 35-402 are permitted. On June 7, 2022, the
Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s
request be granted. For the Board’s review, the County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-22-023 as presented. The rezoning would be consistent with the County’s Comprehensive Plan.
MOTION: “In Case R-22-019, I make a Motion to approve the rezoning of rezone 51.04 acres from M-1,
Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more
intensive industrial uses. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.5
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment
Control); (Staff Contact: Emily S. Ragsdale)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 21, 2022 Item Number: 10.B.1
Attachment(s): 06-21-2022 PCC Ch. 4 - Erosion and Sediment Control
Chapter 4 - Third-Party Inspections
Reviewed By:
SUMMARY:
Virginia Code § 62.1-44.15.1 requires any locality that has chosen not to establish a Virginia
Erosion and Stormwater Management Program to adopt and administer a Virginia Erosion and
Sediment Control Program. As the number of large utility scale solar energy facilities under
construction in the County continues to grow, it has become exceedingly difficult for the Erosion
and Sediment Control Program Administrator to maintain the required biweekly inspections.
Therefore, County Community Development Staff is recommending that Pittsylvania County Code (“PCC”) Chapter 4 be revised to require a third-party inspector be utilized for these
Projects that will be paid for by the developer. Accordingly, for the Board’s review and
consideration, said proposed PCC revisions are attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Following conducting the legally required Public Hearing, County Community Development
Staff recommends the Board approve the PCC Chapter 4 revisions as attached and presented.
MOTION:
“I make a Motion to approve the PCC Chapter 4 revisions as attached and presented.”
10.B.1
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PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday,
June 21, 2022, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive
citizen input on proposed revisions to Pittsylvania County Code, Chapter 4, Erosion and Sediment
Control. A complete copy of the proposed revisions is available at the Pittsylvania County
Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov.
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PITTSYLVANIA COUNTY CODE
CHAPTER 4
BUILDINGS
Article I.
General Considerations
§ 4-1. Permit and Inspection Fees
§ 4-2. Inspection
§ 4-3. Penalties for Violation
§ 4-4. Severability of Provisions
§ 4-5. Statewide Building Code
§ 4-6. Construction of Open Air Theaters
Article II.
Erosion and Sedimentation Control
§ 4-7. Generally
§ 4-8. Purpose
§ 4-9. Application
§ 4-10. Definitions
§ 4-11. Purpose of Chapter
§ 4-12. Regulations
§ 4-13. Land Disturbing Activities
§ 4-14. Program Administrator
§ 4-15. Designation of Plan Approving Authority
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§ 4-16. Designation of Enforcement Authority
§ 4-17. Approval of Plans and Issuance of Permits
§ 4-18. Fees Required
§ 4-19. Review by the Board of Supervisors
§ 4-20. Enforcement and Penalties
Article III.
Removal, Repair or Securing of Dangerous
Structures
§ 4-30. Definitions
§ 4-31. Owner’s Responsibilities
§ 4-32. Notices to Owners and Lien Holders
§ 4-33. Service of Notice
§ 4-34. Application for Appeal
§ 4-35. Securing, Repairs or Removal of Dangerous Buildings; Action by
County
§ 4-36. Extension of Time
§ 4-37. Additional Authority
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CHAPTER 4
BUILDINGS
An Ordinance to establish a schedule of permit and inspection fees under the County Building
Ordinance and to make the penalty provision to conform to state law.
BE IT ENACTED THAT THE COUNTY BUILDING ORDINANCE BE AMENDED AS
FOLLOWS:
Article I.
General Considerations
SEC. 4-1. PERMIT AND INSPECTION FEES.
The Board of Supervisors of Pittsylvania County shall set permit and Inspection Fees by schedule
which is adopted annually by the Pittsylvania County Board of Supervisors during their budget
process and incorporated in the annual budget resolution. (B.S.M. 10-16-12)
SEC. 4-2. INSPECTION.
Inspection Notice- It shall be the duty of the Contractor to notify the Building Inspection Department
when any portion of his installation is installed in a building or any part thereof, and such work is
ready for inspection. The request for inspection shall be made before 2:00 p.m. on the day preceding
the day of the requested inspection. The Contractor requesting the inspection shall state the time of
day that his work will be ready for inspection, and the inspection shall be made as near the time
stated as practicable.
SEC. 4-3. PENALTIES FOR VIOLATION.
Any persons, firm or corporation, whether as principal agent employed or otherwise, who shall
violate a provision of the Basic Code or shall fail to comply with any of the requirements thereof or
who shall erect, construct, alter or repair a building or structure in violation of an approved plan or
directive of the Building Official, or of a permit or certificate issued under the provisions of the
Basic Code, shall be guilty of a misdemeanor. Such an offense shall be punishable by a fine of not
more than one thousand ($1,000.00) dollars. (B.S.M. 6/28/88)
SEC. 4-4. SEPARABILITY OF PROVISIONS.
It is the intention of the Board of Supervisors that each separate provision of this ordinance shall be
deemed independent of all other provisions herein, and it is further the intention of the Board of
Supervisors that if any provision of this ordinance be declared invalid; all other provisions thereof
remain valid and enforceable.
SEC. 4-5. STATEWIDE BUILDING CODE.
A copy of the Virginia Uniform Statewide Building Code is on file in the Clerk’s Office in the
Circuit Court of Pittsylvania County, Chatham, Virginia, where it is open for inspection between the
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hours of 9:00 a.m. and 5:00 p.m. on Monday through Friday each week. The said clerk will provide
information as to where additional copies may be obtained.
(B.S.M. 12-7-60, 11-5-73)
SEC. 4-6. CONSTRUCTION OF OPEN-AIR THEATERS.
No open-air theaters shall be constructed in Pittsylvania County, Virginia, unless the owner, manager, or
operator has first secured a written permit for the same from the Board of Supervisors of Pittsylvania County,
Virginia.
Such owner, operator or manager shall make written application to the Clerk of the Board of Supervisors for
said permit and at the same time deposit with said Clerk a fee of ten ($10.00) dollars to defray the costs of
the inspection and issuance of the permit.
The Clerk of the Board of Supervisors shall transmit the written application to the Sheriff of Pittsylvania
County forth-with: It shall be the duty of the Sheriff to make a personal inspection of the premises including
buildings or structures thereon and he shall determine that the screen of said open-air theater is so
constructed that the picture, performance, exhibition or display thereon is not visible form the public
highway in the area near or adjacent to said open-air theater, if the said screen has not been so constructed at
the time of the Sheriff’s inspection the inspection shall be continued and shall not be ended until the screen
has been so constructed and approved by him.
After the Sheriff has completed his inspection he shall report in writing to the Clerk of the Board of
Supervisors that he has inspected said premises and that the screen of said open-air theater has been so
constructed that any picture, performance or exhibition to be displayed thereon is not visible from any public
highway in the area adjacent to or near said open-air theater and does not, in his opinion, jeopardize highway
safety or traffic safety or traffic in that area, if such be the fact, and thereupon the Clerk of the Board of
Supervisors shall present said application and written report to the Board of Supervisors at its next regular
meeting and the Board shall direct the issuance of said open-air theater permit.
The operation of any such open-air theater after the effective date of this ordinance without first securing the
permit required above shall constitute a misdemeanor and shall be punishable by a fine not exceeding one
hundred ($100.00) dollars and confinement in jail not exceeding thirty (30) days, either or both. For the
purposes of this ordinance each day’s operation shall be a separate offense and punishable as such. (B.S.M.
7-2-52)
Article II.
Erosion and Sedimentation Control Ordinance
SEC. 4-7. GENERALLY.
WHEREAS, for the purpose for alleviating harmful and/or damaging effects of on-site erosion and siltation of
neighboring downstream properties during and after development;
WHEREAS, per Article 2.4. Virginia Erosion and Sediment Control Law
NOW, THEREFORE, the County of Pittsylvania does hereby adopt the following Erosion and Sedimentation Control
Ordinance.
This Ordinance shall not apply to any land disturbing activity in any Incorporated Towns within the boundaries of
Pittsylvania County unless and until the governing body of such town shall by appropriate action indicate the intention
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to have the land disturbing activities within its boundaries covered by the terms and provisions of this Ordinance. Upon
the taking of such action by the governing body of any of said Incorporated Towns the terms and provisions of this
Ordinance shall apply fully to any land disturbing activity in said Incorporated Towns.
SEC. 4-8. PURPOSE.
An ordinance providing for the control of erosion and sedimentation prior to, during, and following development; and
establishing procedures for the administration and enforcement of such controls.
SEC. 4-9. APPLICATION.
Except as provided for in Section 4 of this Ordinance, no person may engage in any land disturbing activity until such
person has submitted to Pittsylvania County, has had reviewed and approved by the Plan Approving Authority for
Pittsylvania County, an erosion and sediment control plan for such land disturbing activity.
It is the intent of this ordinance to be an adjunct to both of the County’s Subdivision and Zoning
Ordinance wherein such apply to the development and subdivision of land within the County of Pittsylvania or such
apply to the development on previously subdivided land within the County of Pittsylvania.
SEC. 4-10. DEFINITIONS.
For the purpose of this ordinance, certain terms and words used herein shall be interpreted as follows:
1. “Governing Body” shall mean the Board of Supervisors of Pittsylvania County.
2. “Agreement in lieu of a plan" means a contract between the plan-approving authority and the owner that
specifies conservation measures that must be implemented in the construction of a single-family residence;
this contract may be executed by the plan-approving authority in lieu of a formal site plan.
3. "Applicant" means any person submitting an erosion and sediment control plan for approval or
requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.
4. "Certified inspector" means an employee or agent of a VESCP authority who (i) holds a certificate of
competence from the Board in the area of project inspection or (ii) is enrolled in the Board's training program
for project inspection and successfully completes such program within one year after enrollment.
5. "Certified plan reviewer" means an employee or agent of a VESCP authority who (i) holds a certificate
of competence from the Board in the area of plan review, (ii) is enrolled in the Board's training program for
plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a
professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of
Chapter 4 of Title 54.1, or professional soil scientist as defined in § 54.1-2200.
6. "Certified program administrator" means an employee or agent of a VESCP authority who (i) holds a
certificate of competence from the Board in the area of program administration or (ii) is enrolled in the
Board's training program for program administration and successfully completes such program within one
year after enrollment and shall mean the official designated by the Governing Body to serve as its agent to
administer this ordinance.
7. "Department" means the Department of Environmental Quality.
8. "Erosion and sediment control plan" or "plan" means a document drawn by a professional engineer
containing material for the conservation of soil and water resources of a unit or group of units of land. It may
include appropriate maps, an appropriate soil and water plan inventory and management information with
needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain
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all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the
conservation objectives.
9. "Erosion impact area" means an area of land not associated with current land-disturbing activity but
subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state
waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for
residential purposes or to shorelines where the erosion results from wave action or other
10. "Permittee" means the person to whom the local permit authorizing land-disturbing activities is issued or
the person who certifies that the approved erosion and sediment control plan will be followed.
11. "Person" means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city,
town, or other political subdivision of the Commonwealth, governmental body, including a federal or state
entity as applicable, any interstate body, or any other legal entity.
12. “Responsible land disturber” or “RLD” means an individual holding a certificate issued by the
department who is responsible for carrying out the land-disturbing activity in accordance with the approved
ESC plan. In addition, the RLD may be a Virginia professional engineer, land surveyor, landscape architect,
architect, or professional soil scientist, provided that it is the same licensed professional who sealed and
signed the ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project
manager, contractor, or any other project or development team member. The RLD must be designated on
the ESC plan or permit as a prerequisite for engaging in land disturbance.
13. Runoff volume means the volume of water that runs off the land development project from a
prescribed storm event.
14. "Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by the
Board that has been established by a VESCP authority for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable
degradation of properties, stream channels, waters, and other natural resources and shall include such items
where applicable as local ordinances, rules, permit requirements, annual standards and specifications, policies
and guidelines, technical materials, and requirements for plan review, inspection, enforcement where
authorized in this article, and evaluation consistent with the requirements of this article and its associated
regulations.
15. "Virginia Erosion and Sediment Control Program authority" or "VESCP authority" means an authority
approved by the Board to operate a Virginia Erosion and Sediment Control Program. An authority may
include a state entity, including the Department; a federal entity; a district, county, city, or town; or for linear
projects subject to annual standards and specifications, electric, natural gas, and telephone utility companies,
interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to
§ 15.2-5102.
16. "Water quality volume" means the volume equal to the first one-half inch of runoff multiplied by the
impervious surface of the land development project.
17. “Program Administrator” shall mean the official designated by the Governing Body to serve as its agent
to administer this ordinance.
18. “Building Official” shall mean the individual known as the Building Official appointed to enforce the
requirements of Chapter 4 of the Pittsylvania County Code of 1975 as amended.
19. “Plan Approving Authority” shall mean the Pittsylvania County Erosion Control Specialist.
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20. “Clearing” shall mean any activity, which removes the vegetative ground cover, including but not
limited to its removal, root mat removal and/or topsoil removal.
21. “Grading” shall mean any excavating or filling of earth materials or combination thereof, including the
land in its excavated or filled condition.
22. “Excavating” shall mean any digging, scooping or other methods of removing earth materials.
23. “Filling” shall mean any depositing or stockpiling of earth materials.
24. “Transporting” shall mean any moving of earth materials from one place to another, other than such
movement incidental to grading, when such movement results in destroying the vegetative ground cover,
either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result
from the soil or earth materials over which such transporting occurs.
25. “Land Disturbing Activity” shall mean any land change which may result in soil erosion from water or
wind and the movement of sediments into waters or onto lands, including, but not limited to, clearing,
grading, excavating, transporting, and filling of land. (See Sec. 4-13 for full definition).
26. “Land Disturbing Permit” shall mean a permit issued by the County of Pittsylvania for clearing, filling,
excavating, grading, or transporting, or any combination thereof.
26.27. “Large-Scale Utility Project” shall mean any project that is owned or operated by a public utility
and disturbs an area greater than twenty (20) acres.
SEC. 4-11. PURPOSE OF CHAPTER.
This chapter shall provide for, both during and following development, the effective control of erosion and
sedimentation by the enforcement of the minimum standards promulgated by the Department/Erosion and Sediment
Control Law and known as the Virginia Erosion & Sediment Control Regulations.
SEC. 4-12. REGULATIONS.
The erosion and sediment control program of Pittsylvania County shall consist of the state program and regulations for
erosion and sediment control. Pittsylvania County shall exercise the responsibilities of the program authority, as
provided by state law and by this chapter.
Pursuant to section 62.1-44.15:54 of the Code of Virginia, the county hereby establishes a VESCP program
and adopts the regulations promulgated by the board; with the exception that the requirements contained in
9VAC25-840-40.19 do not apply to the regulated land-disturbing activities that meet the requirements
of 8.1-7 of this chapter; (for the effective control of soil erosion and sediment deposition to prevent the
unreasonable degradation of properties, stream channels, waters and other natural resources) and the
Virginia Erosion and Sediment Control Handbook, as amended, and those more stringent local criteria
which the county board of supervisors, may adopt by resolution and incorporate into the manual of
regulations and policies entitled "Stormwater Management Design Manual" and "Design and Construction
Standards Manual."
In accordance with § 62.1-44.15:52 of the Code of Virginia, any plan approved prior to July 1, 2014 that
provides for stormwater management that addresses any flow rate capacity and velocity requirements for
natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or
man-made channels if the practices are designed to (i) detain the water quality volume and to release it over
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forty-eight (48) hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the
one (1) year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the one and one
half (1.5), two (2), and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate
from the site assuming it was in a good forested condition, achieved through multiplication of the forested
peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good
forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt
from any flow rate capacity and velocity requirements for natural or man-made channels.
For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural
and man-made channels shall be satisfied by compliance with water quantity requirements specified in §
62.1-44.15:28 of the Stormwater Management Act and 9VAC25-870-66 of the Virginia Stormwater
Management Program (VSMP) regulations, unless such land-disturbing activities are in accordance with the
grandfathering provisions of the Virginia Stormwater Management Program (VSMP) Regulations.
Pursuant to section 62.1-44.15:53 of the Code of Virginia, an erosion and sediment control plan shall not be
approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be
conducted by a certified inspector. The erosion control program of the county shall contain a certified
program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.
SEC. 4-13. LAND DISTURBING ACTIVITIES.
This ordinance, and the applicable state law and regulations, address erosion and sedimentation associated with land-
disturbing activities for the purpose of this ordinance the definition shall be as follows:
"Land-disturbing activity" means any man-made change to the land surface that may result in soil erosion
from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth,
including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the
term shall not include:
1. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and
maintenance work;
2. Individual service connections;
3. Installation, maintenance, or repair of any underground public utility lines when such activity occurs
on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined
to the area of the road, street, or sidewalk that is hard surfaced;
4. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity
relating to construction of the building to be served by the septic tank system;
5. Permitted surface or deep mining operations and projects, or oil and gas operations and projects
conducted pursuant to Title 45.1;
6. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot
operations, or as additionally set forth by the Board in regulation, including engineering operations as
follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches,
strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land
irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on
which harvesting occurs is reforested artificially or naturally in accordance with the provisions of
Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or is converted to bona fide agricultural or improved
pasture use as described in subsection B of § 10.1-1163;
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7. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related
structures and facilities of a railroad company;
8. Agricultural engineering operations, including but not limited to the construction of terraces, terrace
outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the
Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating,
contour furrowing, land drainage, and land irrigation;
9. Disturbed land areas of less than 10,000 square feet in size or 2,500 square feet in all areas of the
jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and
Management Regulations; however, the governing body of the program authority may reduce this
exception to a smaller area of disturbed land or qualify the conditions under which this exception shall
apply;
10. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
11. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within
the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission,
or the United States Army Corps of Engineers; however, any associated land that is disturbed outside
of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto;
and
12. Emergency work to protect life, limb, or property, and emergency repairs; however, if the land-
disturbing activity would have required an approved erosion and sediment control plan, if the activity
were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with
the requirements of the VESCP authority.
SEC. 4-14. PROGRAM ADMINISTRATOR.
For the purpose of this ordinance the following definition shall apply:
Program Administrator shall mean the position designated by the Pittsylvania County Board of Supervisors as its agent
to administer the erosion and sediment control program and certified by the Virginia Department of Environmental
Quality as a Program Administrator.
SEC. 4-15. DESIGNATION OF PLAN APPROVING AUTHORITY.
The Program Administrator is designated as the erosion and sediment control plan-approving authority in Pittsylvania
County and shall be certified by the Department as a Plan Reviewer.
SEC. 4-16. DESIGNATION OF ENFORCEMENT AUTHORITY.
The Program Administrator is designated as the enforcement authority in Pittsylvania County and shall have the power
and authority to inspect, monitor, report and ensure compliance with the erosion and sediment control program of the
County. The enforcement authority is also referred to as the designated enforcement officer, the inspector, the permit
issuing authority, and the Program Administrator. In order to perform these duties, the Program Administrator shall be
certified by the Department
SEC. 4-17. APPROVAL OF PLANS AND ISSUANCE OF PERMITS.
Erosion and sediment control plans submitted to Pittsylvania County shall be reviewed and acted upon by the plan-
approving authority. Upon approval of such plan, the applicant may seek a Land Disturbing-Permit from the permit-
issuing authority. Plans shall be approved and permits shall be issued pursuant to applicable regulations.
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No land-disturbing permit shall be issued until the applicant submits with the application an approved
erosion and sediment control plan or agreement in lieu of an approved erosion and sediment control plan
and certification that the plan will be followed.
Surety. All applicants for permits shall provide to the county a performance bond, cash escrow, or an
irrevocable letter of credit acceptable to ensure that measures could be taken by the county at the applicant's
expense should the applicant fail, after proper notice, within the time specified to initiate or maintain
appropriate conservation measures required of him as a result of his land-disturbing activity. The amount of
the bond or other security for performance shall not exceed the total of the estimated cost to initiate and
maintain appropriate conservation action based on unit price for new public or private sector construction in
the locality plus a contingency for the county's administrative costs and inflation. The contingency shall be
ten (10) percent of the total estimated cost to initiate and maintain the appropriate conservation action.
Should it be necessary for the county to take such conservation action, the county may collect from the
applicant any costs in excess of the amount of the surety held.
Within sixty (60) days of adequate stabilization and completion of all other site requirements, as determined
such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof shall be either
refunded to the applicant or terminated.
These requirements are in addition to all other provisions relating to the issuance of permits and are not
intended to otherwise affect the requirements for such permits.
SEC. 4-18. FEES REQUIRED.
Applicants shall pay to Pittsylvania County a fee to defray the cost of program administration, including costs associated
with plan review, issuance of land disturbing permits, periodic inspection, and enforcement. The fees associated with
this Ordinance shall be set by the Board of Supervisors annually in the Budget Resolution.
No total fee shall exceed applicable limits established by state law.
Fees for Large-Scale Utility projects shall be designated in accordance with the Fee Schedule and shall meet the
following conditions:
a. A fee amount shall be determined based upon the total land disturbance acreage calculated on the approved site
plan in accordance with the Fee Schedule. The Applicant shall be billed for the monthly inspection fee on the first
day of each month until the site receives a final bond release inspection and approval. The Applicant must remit
payment within fifteen (15) days of invoicing to the Community Development Department by check payable to the
Pittsylvania County Treasurer. Failure to pay each invoice within fifteen days of the date of the invoice is cause for
issuance of a project stop work order until such fees are paid.
b. If, in any month, the amount billed for a Large-Scale Utility project monthly inspection fee is insufficient to
reimburse the County for amounts billed to the County by third-party inspectors, the unreimbursed balance will be
added to the monthly fee on the Applicant’s next or a subsequent invoice and must be paid when invoiced.
SEC. 4-19. MONITORING, REPORTS, AND INSPECTIONS
The responsible land disturber, as provided in § 62.1-44.15:52, shall be in charge of and responsible for
carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity.
The county may require the person responsible for carrying out the plan to monitor the land-disturbing
activity. The person responsible for carrying out the plan will maintain records of these inspections and
maintenance, to ensure compliance with the approved plan and to determine whether the measures required
in the plan are effective in controlling erosion and sedimentation.
The Department of Community Development shall periodically inspect the land-disturbing activity in
accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure
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compliance with the approved plan and to determine whether the measures required in the plan are effective
in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the
plan shall be given notice of the inspection. If THE Program Administrator determines that there is a failure
to comply with the plan or if the plan is determined to be inadequate, notice shall be served upon the
permittee or person responsible for carrying out the plan by registered or certified mail to the address
specified in the permit application or in the plan certification, or by delivery at the site of the land-
disturbing activities to the agent or employee supervising such activities.
The notice shall specify the measures needed to comply with the plan and shall specify the time within
which such measures shall be completed. Upon failure to comply within the specified time, the permit may
be revoked and the permittee shall be deemed to be in violation of this chapter and, upon conviction, shall
be subject to the penalties provided by this chapter.
Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1-44.15:55,-44.15:56, the
Program Administrator may, in conjunction with or subsequent to a notice to comply as specified in this
chapter, issue a stop work order requiring that all or part of the land-disturbing activities permitted on the
site be stopped until the specified corrective measures have been taken.
If land-disturbing activities have commenced without an approved plan or proper permits, the Program
Administrator, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue a
stop work order requiring that all of the land-disturbing and/or construction activities be stopped until an
approved plan or any required permits are obtained. Failure to comply will result in civil charges or
penalties as outlined in this chapter.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands
or sediment deposition in waters within the watersheds of the commonwealth, or where the land-disturbing
activities have commenced without an approved plan or any required permits, such a stop work order may
be issued without regard to whether the permittee has been issued a notice to comply as specified in this
chapter. Otherwise, such a stop work order may be issued only after the permittee has failed to comply with
such a notice to comply.
The stop work order shall be served in the same manner as a notice to comply and shall remain in effect for
a period of seven (7) days from the date of service pending application by the county or permit holder for
appropriate relief to the circuit court. The county shall serve such stop work order for disturbance without
an approved plan or permits upon the owner by mailing with confirmation of delivery to the address
specified in the land records. Said stop work order shall be posted on the site where the disturbance is
occurring and shall remain in effect until permits and plan approvals are secured, except in such situations
where an agricultural exemption applies.
If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from
the date of service of the stop work order, the Program Administrator may issue a stop work order to the
owner requiring that all construction and other work on the site, other than corrective measures, be stopped
until an approved plan and any required permits have been obtained. Such an order shall be served upon the
owner by registered or certified mail to the address specified in the permit application or the land records of
the county.
The owner may appeal the issuance of a stop work order to the circuit court of the county. Any person
violating or failing, neglecting, or refusing to obey a stop work order issued by the Program Administrator
may be compelled in a proceeding instituted in the circuit court of the county to obey same and to comply
therewith by injunction, mandamus, or other appropriate remedy. Upon completion and approval of
corrective action or obtaining an approved plan or any required permits, the stop work order shall
immediately be lifted. Nothing in this section shall prevent the Program Administrator from taking any
other action authorized by this chapter.
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Land disturbing activities that meet the definition of a Large-Scale Utility Project shall be inspected in
accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations by a third-
party inspection firm retained by Pittsylvania County through a procurement process. All required
documentation shall be submitted to the Program Administrator to ensure compliance.
SEC. 4-19. REVIEW BY THE BOARD OF SUPERVISORS.
A. Any person aggrieved by any action of the plan-approving authority, or the enforcement authority shall have the
right to apply for and receive a review of such action by the Pittsylvania County Board of Supervisors provided
an appeal is filed within thirty (30) days from the date of any written decision by the plan-approving or
enforcement authority.
B. In reviewing the action of the plan-approving authority or the enforcement authority, the Board shall consider
evidence and opinion presented by the aggrieved person, the plan approving authority or the enforcement
authority, and such other persons, as shall be deemed by the Board necessary for a complete review of the
matter.
C. The Board may affirm, reverse, or modify the action of the plan-approving authority or the enforcement authority, and the Board’s decision shall be final, subject only to review by the Circuit Court of Pittsylvania
County by appeal taken pursuant to applicable law, provided an appeal is filed within thirty (30) days from the
date of the final written decision.
D. For purpose of this section, the term “person aggrieved” shall be limited to the applicant or permit holder,
owners of adjacent and downstream property and any interested government agency or officer thereof.
SEC. 4-20. ENFORCEMENT AND PENALTIES.
Pittsylvania County shall exercise the enforcement and penalty provisions authorized for a program authority in the
Virginia Erosion and Sediment Control Law.
This ordinance was amended at an adjourned meeting of the Pittsylvania County Board of Supervisors on Tuesday,
March 20, 2001 and became effective immediately upon its passage.
Any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board,
any order, notice, or requirement of the Department or VESCP authority, any condition of a permit, or any
provision of this article or associated regulation shall be subject to civil penalties allowed under Article 2.4
of the Code of Virginia as amended. The civil penalty for any one violation shall be not less than $100 nor
more than $1,000. Each day during which the violation is found to have existed shall constitute a separate
offense. In no event shall a series of specified violations arising from the same operative set of facts result
in civil penalties that exceed a total of $10,000, except that a series of violations arising from the
commencement of land-disturbing activities without an approved plan for any site shall not result in civil
penalties that exceed a total of $10,000.
The Director of Community Development, or his/her assignee, shall prepare an appropriate erosion and
sediment control civil violation summons for use in enforcing the provisions of this chapter.
Any person of the VESCP plan approving authority charged with enforcing this chapter shall serve upon
any owner or permittee in violation of this chapter, a summons notifying the owner or permittee of said
violation. If unable to serve the owner or permittee in person, the county may notify by summons an owner
or permittee committing or suffering the existence of a violation by certified, return receipt requested mail,
of the infraction. The county sheriff's office may also deliver the summons. The summons shall contain the
following information:
The name and address of the person charged.
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The nature of the violation and chapter provision(s) being violated.
The location, date, and time that the violation occurred, or was observed. §
The amount of the civil penalty assessed for the violation.
The manner, location, and time that the civil penalty may be paid to the county.
The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial.
The summons shall provide that any person summoned for a violation may, within five (5) days of actual
receipt of the summons or, within ten (10) days from the date of mailing of the summons, elect to pay the
civil penalty by making an appearance in person, or in writing by mail to the county treasurer's office and, by
such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the
violation charged and provide that a signature to an admission of liability shall have the same force and effect
as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose.
If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the county
shall cause the sheriff of the county to serve the summons on the person charged in the manner prescribed by
law. The violation shall be tried in general district court in the same manner and with the same right of appeal
as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this
section, it shall be the burden of the county to show the liability of the violator by the preponderance of the
evidence. Any admission of liability or finding of liability shall not be a criminal conviction for any purpose.
The remedies provided for in this section are cumulative, and are not exclusive and, except as provided
above, shall be in addition to any other remedies by law.
The owner or permittee may pay the civil penalty to the treasurer prior to the trial date, provided he also pays
necessary court costs in addition to the civil penalty.
Within the time period prescribed in (c), above, the owner or permittee, may contest the violation by
presenting it to the director of community development, who shall certify the contest in writing, on an
appropriate form, to the general district court.
Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in (c), above,
shall result in the immediate issuance of a stop work order and the revocation of the permit, if any.
Article III.
REMOVAL, REPAIR, OR SECURING OF DANGEROUS STRUCTURES
SEC. 4-30. DEFINITIONS
(a) Building Code shall mean the applicable provisions of the Uniform Statewide Building Code relating to
the maintenance of existing buildings as adopted by the Commonwealth of Virginia and Board of Housing
and Community Development.
(b) Code Officials shall mean the Building Official or his designee. (B.S.M. 4-18-17)
(c) Dangerous Structure shall mean any building, wall or other structure in Pittsylvania County that fails to
comply with the building code through damage, deterioration, infestation, improper maintenance, or for any
other reason or reasons, and thereby becomes unsafe, unsanitary, or deficient in adequate exit facilities, or
which constitutes a hazard or public nuisance or is otherwise
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dangerous to human life, health or safety, or the public welfare and which might endanger the public
health or safety of other residents of Pittsylvania County. :
(d) Lien-holder or Lien-holders shall mean any and all individuals, associations, corporations, or
other entities that have a mortgage or other lien of record of any kind on the property which are of
record against the owner. Either term may be singular or plural unless the contact indicates
otherwise.
(e) Owner means the owner or owners of the premises therein, as indicated in the tax records of
Pittsylvania County, Virginia.
SEC. 4-31. OWNER'S RESPONSIBILITIES.
It shall be the responsibility of all owners of buildings, structures and real property located within
the boundaries of Pittsylvania County to take the necessary action, at such time or times as the Code
Official may prescribe, to repair, remove, or secure any building, wall, or any other structure on their
property which might endanger the public health or safety of other residents of Pittsylvania County,
subject to such rights of appeal as are provided for in the section. All such buildings or other
structures declared by the Code Official to be a dangerous structure shall either be made safe by
compliance with the Building Code or be vacated and secured against public entry or be taken down
and removed as determined by the Code Official.
SEC. 4-32. NOTICES TO OWNERS AND LIEN HOLDERS.
Whenever the code official shall be of the opinion and finds that any structure in the County is a
dangerous structure as defined in this chapter, the Code Official shall cause written notice to be
served upon the owner and lien holder, as provided for in Section 4-33 of this chapter. Such notice
shall state that the building, wall or any other structure has been declared to be a dangerous structure
and shall, at a minimum, provide the following information:
(1) The location of the building or structure by street address and/or tax identification number.
(2) A statement that the building or structure has been inspected by the Code Official or his
designee, and that it has been deemed to be a dangerous structure as defined in this chapter
and, further, to be declared by the Code Official as unsafe, unfit for human occupancy, or
unlawful, as defined in the uniform Statewide Building Code.
(3) A listing of the specific conditions which exist that cause the building or structure to
endanger the public health or safety of other residents of the County and, further, which
cause the Code Official to declare the building or structure to be unsafe, unfit for human
occupancy or unlawful with reference to the Uniform Statewide Building Code section that
serves as a basis for the declaration for a dangerous structure.
(4) A statement that the Code Official has determined that necessary corrective action to abate
the unsafe or dangerous conditions, as described in the notice, consist of one (1) of the
following actions:
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(a) The completion of the repairs and/or improvements to the building or structure, which
may include the securing of the building or structure against public entry as provided
in the notice; or
(b) The taking down or removal of the building or structure.
(5) An order to complete the necessary corrective action to abate the unsafe or dangerous
conditions as determined by the Code Official by specifying the required repairs and/or
improvements to be made to the building or structure or by requiring the building or structure
to be taken down and removed. The Order shall provide a stipulated time within the
necessary corrective action is to be completed.
(6) A statement that the failure to comply with the terms of a notice to abate the unsafe or
dangerous conditions will result in the County taking action to abate such conditions in
accordance with the provisions of § 15.2-906 of the Code of Virginia and/or of the Uniform
Statewide Building Code, as the Code Official deems appropriate.
(7) A statement of the owner's rights of appeal of the Code Official's decisions to the local Board
of Building Code Appeals in accordance with the appeals provision of the Uniform Statewide
Building Code. .
SEC. 4-33. SERVICE OF NOTICE.
The notices issued pursuant to this chapter shall be served upon any owner and lien-holder in the
following manner:
A. Where the Code Official has determined the necessary corrective action to abate the unsafe
or dangerous condition is to make repairs to the building or structure, which may include the
securing of the building or structure against public entry, the notice shall be given by either
delivering a copy of the notice by certified mail or by registered mail, return receipt
requested sent to the address of record in the Office of the Commissioner of Revenue of
Pittsylvania County, Virginia.
B. Where the Code Official has determined the necessary corrective action to abate the unsafe
or dangerous condition is to take down and remove the building or structure, the notice shall
be a written notice mailed by certified or registered mail, return receipt requested, sent to the
last known address of the property owner.
C. In addition to subsections (1) or (2) above, notice shall also be given to any such person or
entity by publishing once a week for two weeks a copy of the notice in the newspaper having
general circulation in the County in accordance with the applicable provisions of § 15.2-906
of the Code of Virginia.
SEC. 4-34. APPLICATION FOR APPEAL.
The owner or owner’s agent of any building, wall or structure which has been declared to be a
dangerous structure and ordered by the Code Official to be repaired, secured or removed, as
provided for in this chapter, may appeal the decision to the local Board of Building Code Appeals. A
written request for appeal to the Board of Building Code of Appeals shall be submitted within
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twenty-one (21) calendar days from the receipt of the decision to be appealed on forms as provided
by the Code Official. Upon receipt of any application for appeal, the Code Official shall schedule a
hearing within sixty (60) calendar days. The appeal hearing shall be in accordance with the usual
procedures of the Board of Building Code of Appeals. All procedures, notices, hearings, decisions
and other actions by the Building Code of Appeals shall be in accordance with the appeals
provisions of the building code.
SEC. 4-35. SECURING, REPAIR OR REMOVAL OF DANGEROUS BUILDINGS;
ACTIONS BY THE COUNTY.
A. If the dangerous condition has not been remedied with a structure secured or torn down and
removed within the time limit allowed by the Code Official, or if challenged, by the time
established following the final review of the Code Official's decision, the Code Official shall
with the approval of the County Administrator, proceed in accordance with the provisions of
§15.2-906 of the Code of Virginia, 1950, as amended, to cause the structure to be removed,
repaired, secured as the Code Official deems appropriate, considering the condition of the
premises.
B. In the event the County, through its own agents or employees, removes, repairs or secures
any building, wall or any other structure after complying with the notice provisions of this
chapter, the cost of expenses there of shall be chargeable to and paid by the owners of such
property and may be collected by the County as taxes and levies are collected.
C. Every charge authorized by this section with which the owner of any such property shall
have been assessed and which remains unpaid shall constitute a lien against such property
ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as
provided for in Article 3 (§58.1-3940 et seq.) and for (§58.1-3965 et seq.) of Chapter 39 of
Title 58.1 of the Code of Virginia, 1950, as amended.
SEC. 4-36. EXTENSION OF TIME.
In the event that any act required by this chapter can not be performed within the time provided due
to shortage of materials, war, restraint by public authorities, strikes, local disturbances, civil
disobedience, or any other circumstances beyond the control of the actor, then the time within which
such act will be accomplished shall be extended for a period equivalent to the time of such
limitation; provided, however, that the person or entity seeking such extension shall make a written
request therefore within the then applicable time period.
SEC. 4-37. ADDITIONAL AUTHORITY.
In addition to the authority delegated to the Code Official in this chapter, the Code Official shall
have all of the authority extended to the Code Official in the Virginia Uniform Statewide Building
Code, as well as to take appropriate action on behalf of the County in an emergency to abate, raze, or
remove any dangerous structure which constitutes a public nuisance under the provisions of §15.2-
900 of the Code of Virginia, 1950; as amended.
Adopted by the BOS on Monday, June 7, 2004 and became effective immediately upon its
passage; Article I, Sec. 4-1 Adopted by the BOS on Monday, June 21, 2005 and became
effective July 1, 2005; Amended by the BOS 10-16-2012; Amended by the BOS 4-18-2017.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: First Pentecostal Holiness Church Real Estate Tax Refund (Staff Contact:
R. Goard/V. Hunt)
Staff Contact(s): Commissioner Goard and Attorney Hunt
Agenda Date: June 21, 2022 Item Number: 11.a
Attachment(s):
Reviewed By:
SUMMARY: At the April 19, 2022, Board of Supervisors’ (“Board”) Meeting, the Board unanimously voted
to grant a real estate tax exemption to First Pentecostal Holiness Church (“Church”), an IRS
501(c)(3) owned property. At said Meeting, a Church representative asked for a refund of prior year’s tax payments, if appropriate. Recently, County Staff was advised by the County’s
Commissioner of the Revenue’s (“COR”) Office that no refunds are given for this type of
exemption (it just becomes effective on the date the Board approves it prospectively). According
to Virginia Code, the only time a refund is granted by the COR for previously paid tax years is if
there was an erroneous tax situation. In that case, the COR can refund up to three (3) years past
taxes paid. If the Board so desires, it possesses the legal authority to authorize the Treasurer to
refund the Church back taxes.
FINANCIAL IMPACT AND FUNDING SOURCE:
$2,933.22 annual tax revenue (or $8,799.66 tax revenue loss if three (3) year refund is granted).
RECOMMENDATION:
County Staff presents this item to the Board for its review and consideration.
MOTION: For the Board’s review and consideration.
11.a
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Fire and Rescue Service Agreement (Staff Contact: Chris Key)
Staff Contact(s): Chris Key
Agenda Date: June 21, 2022 Item Number: 11.b
Attachment(s): FY23 Fire and Rescue Service agreement - DRAFT
Reviewed By:
SUMMARY: The County’s Public Safety Department requires County Volunteer Fire and Rescue Agencies
sign an annual Service Agreement that details expectations of both parties. At the Board’s May
Meeting, the Board reviewed the Service Agreement and sent it back to the Fire and Rescue
Commission (“FRC”) requesting two (2) changes. One (1) change added a clause to Section 6(b)
of the Service Agreement regarding how dual service Agencies would be credited with getting
the additional funding when it answers over seventy percent (70%) of calls in one (1) service but
are under seventy percent (70%) in another service. The second change involved volunteers
being cleared to return to active duty following a serious medical condition. The FRC discussed
the issue and is working on it through a County Standard Operating Procedure (‘SOP”), instead
of adding it to the Service Agreement. The Service Agreement does require all Agencies to
follow County SOPs and guidelines.
The FRC recommended the Board approve the attached, revised FY23 Service Agreement.
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the attached, revised Service Agreement
MOTION: “I make a Motion to approve the attached, revised Service Agreement.”
11.b
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FY 23 FIRE AND EMS DEPARTMENT SERVICE MEMORANDUM OF
AGREEMENT
This Fire and EMS Department Service Memorandum of Agreement (the “MOA”) is
hereby made and entered into on the ___ day of ________, 2022, by and between the County of
Pittsylvania, Virginia (the “County”), and ____________________ (the “Volunteer Agency”);
(individually the “Party,” collectively the “Parties”).
A. PURPOSE:
The purpose of this MOA is to outline in reasonable detail the mutual obligations of the
County and the Volunteer Agency in regard to the eligibility by the Volunteer Agency for County
funds/contributions related to Fire and EMS provision/response in the County.
The Parties to this MOA hereby agree to be fully legally bound in all aspects to the below
terms and conditions contained in this MOA.
B. THE COUNTY/VOLUNTEER AGENCY’S OBLIGATIONS:
1. The County shall provide property and casualty insurance for the Volunteer Agency;
however, the County will only cover the cost of insuring those apparatus recommended
by the County’s Public Safety Department.
2. The County shall maintain accident and sickness insurance coverage on the Volunteer
Agency’s Members.
3. The County shall allocate direct funds/contributions to the Volunteer Agency in three
(3) allocations as described more fully below.
4. The County’s first (1st) fiscal year allocation of funds/contributions to the Volunteer
Agency shall occur in August and contain fifty percent (50%) of the Volunteer
Agency’s annual funds/contributions. Said first (1st) allocation shall only be given to
the Volunteer Agency by the County, if the following conditions/milestones are fully
and completely met and satisfied:
a. The Volunteer Agency has maintained a current roster on file with the County’s
Public Safety Department with the name, current certifications, and radio number
of each Member.
b The Volunteer Agency is current with all applicable State and Federal laws,
Virginia Office of EMS Rules and Regulation, and the County’s standard operating
guidelines and procedures.
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c. The Volunteer Agency is in good standing as determined by the County’s Fire and
Rescue Commission.
d. It is recommended the volunteer agency be an active participant in the County’s
Fire and Rescue Association.
5. The County’s second (2nd) fiscal year allocation of funds/contributions to the Volunteer
Agency shall occur in January and contain thirty-five percent (35%) of the Volunteer
Agency’s annual funds/contributions. Said second (2nd) allocation shall only be given
to the Volunteer Agency by the County, if the following conditions/milestones are fully
and completely met:
a. The Volunteer Agency is in compliance with the conditions/milestones contained
in Section B(4) herein.
b. All the Volunteer Agency’s equipment and apparatus is maintained in good
working order and a readiness condition.
c. When the County Capital Improvement Plan is used to purchase equipment for the
Volunteer Agency, it fully and completely complies with the Virginia Public
Procurement Act and all other County Purchasing guidelines.
d. The Volunteer Agency, if it conducts EMS response, will have an annual review
with the County’s appointee of the EMS Agency’s Response Plan as provided to
the Virginia Office of EMS.
e. The Volunteer Agency practices the proper Incident Command System while
responding to and mitigating emergency scenes.
f. The Volunteer Agency maintains on file with the Public Safety Department copies
of updated training records of all members of the agency. These records shall be
maintained on a continuous basis.
g. The Volunteer Agency is participating in any Countywide records and response
reporting system.
6. The County’s third (3rd) fiscal year allocation of funds/contributions to the Volunteer
Agency shall occur in June and contain fifteen percent (15%) of the Volunteer
Agency’s annual funds/contributions. Said third (3rd) allocation shall only be given to
the Volunteer Agency by the County, if the following conditions/milestones are fully
and completely met:
11.b.a
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a. The Volunteer Agency continues to comply with all provisions/conditions
contained in Sections B(4) and(B)(5) herein.
b. To date in the current fiscal year, the Volunteer Agency has responded to at least
seventy percent (70%) of its first due calls (agencies that provide both fire and EMS
service who fail to obtain the seventy percent (70%) response rate overall can
receive fifty percent (50%) of their fund if it maintains a seventy percent (70%)
response rate in either the fire service or the EMS service and is not below a 50%
response rate in either service; (credit for calls is given when an agency responds
with the appropriate apparatus and certified personnel) and
c. To date in the current fiscal year, for a dispatched call, the Volunteer Agency
must respond with the appropriate ambulance or fire truck (depending on the type
call) within eight (8) minutes of the call being dispatched to the Agency.
7. The County shall also reimburse EMS Transport Agencies fifteen dollars ($15.00)
per call responded to on a quarterly basis.
8. The Volunteer Agency shall complete and submit to the County a financial
reporting form accounting for County allocated monies received by the agency.
The report shall be submitted to the county no later than July 15, 2023.
C. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. ENTIRE AGREEMENT/MODIFICATION. This MOU contains the entire agreement
of the Parties with respect to the subject matter of this MOU, and supersedes all prior
negotiations, agreements, and understandings with respect thereto. This MOU may
only be amended/modified by a written document duly executed by all Parties.
2. PRINCIPAL CONTACTS. The principal contacts for this MOA are: Pittsylvania
County Administrator c/o the Pittsylvania County Public Safety Director (for the
County), and __________________________ (for the Volunteer Agency).
3. COMMENCEMENT/EXPIRATION DATE/TERMINATION. This MOA is executed
as of the date of the last signature below and is effective through June 30, 2023, at
which time it will expire, unless extended for another fiscal year. Either party may
terminate this MOA by providing 60 days’ notice to the other Party. In the event that
said termination notice provided by ______________ is during a current fiscal year,
__________ shall reimburse to County any unexpended funds allocated to it within thirty (30) days’ receipt by County of termination notice.
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4. GOVERNING LAW, VENUE, MEDIATION, LEGAL FEES/COSTS:
a. Governing Law: This MOA shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
b. Venue: If legal action by either party is necessary for or with respect to
the enforcement of any or all of the terms and conditions hereof, then
exclusive venue therefore shall lie in the County of Pittsylvania, Virginia.
c. Mediation:
i. Good faith mediation shall be a condition precedent to the filing of any
litigation in law or equity by either Party against the other Party relating to this
MOA. Before the remedies provided for in this Section may be exercised by
either Party, such Party shall give written notice to the other Party that such
Party believes that an event of default or impasse under this MOA may have
occurred, specifying the circumstances constituting the event of default or
impasse in sufficient detail that the other Party will be fully advised of the nature
of the event of default or impasse. The responding Party shall prepare and serve
a written response thereto within ten (10) business days of receipt of such
notice. A meeting shall be held within ten (10) business days after the response
between the Parties to attempt in good faith to negotiate a resolution of the
dispute.
ii. If the Parties are unable to resolve the dispute through the above- process,
the Parties shall attempt to resolve the controversy by engaging a single
mediator, experienced in the subject matter, to mediate the dispute. The
mediator shall be mutually selected by the Parties, to the controversy and
conduct mediation at a location to be agreed upon by the Parties or absent
agreement, by the mediator. Within two (2) business days of selection, the
mediator shall be furnished copies of the notice, this MOA, response, and any
other documents exchanged by the Parties. If the Parties and the mediator are
unable to settle the same within thirty (30) days from selection, or such other
time as the Parties agree, the mediator shall make a written recommendation as
to the resolution of the dispute. Each Party, in its sole discretion, shall accept
or reject such recommendation in writing within ten (10) days. Should the
Parties be unable to agree upon a single mediator within five (5) business days
of the written response of the responding Party, the Parties jointly, shall agree
upon the selection of a neutral third-party agreed upon by the Parties, to appoint
a mediator, experienced and knowledgeable in the matters which are the subject
of the dispute. The costs of the Mediator and the mediation shall be shared
equally by the Parties to the dispute.
11.b.a
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iii. Notwithstanding the preceding paragraphs, the Parties reserve the right to
file suit or pursue litigation. The Parties consent to selection of a mediator by
any Court shall not constitute consent to jurisdiction of such court or waiver of
defenses as to venue or jurisdiction.
d. Legal Fees/Costs: At all times under this MOA, each Party shall be
responsible for its own legal fees and costs.
5. WAIVER OF BREACH. The failure of the County to enforce one (1) or more of the
terms or conditions of the MOA, from time-to-time, shall not constitute a waiver of
such terms or conditions upon subsequent or continuing breach.
6. BENEFIT. This MOA shall inure to the benefit of, and shall bind the heirs, successors,
and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this MOA as of the last date
written below. Witness following signatures and seals:
THE COUNTY OF PITTSYLVANIA, VIRGINIA
By: ___________________________________
Title: _________________________________
Print Name: ___________________________
COMMONWEALTH OF VIRGINIA
County of Pittsylvania, to-wit:
I, _______________________, a Notary Public for the Commonwealth of Virginia at large, do
hereby certify that ________________, whose name is signed to the foregoing MOA, bearing date
of the ____ day of ________, 2022, has acknowledged the same before me in the jurisdiction
aforesaid.
Given under my hand this ____ day of _________________, 2022.
_______________________________
Notary Public
My commission expires: _________________________________
APPROVED AS TO FORM
________________________
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J. Vaden Hunt, Esq.
Pittsylvania County Attorney
DEPARTMENT:
______________________________________
By: ___________________________________
Title: _________________________________
Print Name: ___________________________
COMMONWEALTH OF VIRGINIA
County of Pittsylvania, to-wit:
I, _______________________, a Notary Public for the Commonwealth of Virginia at large, do
hereby certify that ________________, whose name is signed to the foregoing MOA, bearing date
of the ____ day of ________, 2022, has acknowledged the same before me in the jurisdiction
aforesaid.
Given under my hand this ____ day of _________________, 2022.
_______________________________
Notary Public
My commission expires: _________________________________
11.b.a
Packet Pg. 138 Attachment: FY23 Fire and Rescue Service agreement - DRAFT (3239 : Fire and Rescue Service Agreement (Staff Contact: Chris Key))