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09-20-2022 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, September 20, 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. August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 August Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Lisa Tuite Certificate Approval (Retirement); (Staff Contact: Kaylyn M. McCluster) d. Purchase of Service Weapon Approval (Deputy James R. Abbott Retirement); (Contact: Sheriff Taylor) e. Appointment: Southern Area Agency on Aging (Teresa Easley); (Full Board Appointment); (Staff Contact: Kaylyn M. McCluster) f. Certificate Approval (Honoring C. Monday’s Interim County Administrator Service); (Staff Contact: Kaylyn M. McCluster) g. Resolution # 2022-09-01 Adoption (Honoring Gregory Robinson, James Webb Space Telescope Program Director); (Staff Contact: Kaylyn M. McCluster) h. K. McCluster Certificate Approval (Certified Municipal Clerk Designation); (Staff Contact: Clarence C. Monday) Business Meeting - September 20, 2022 i. Revised County Facility Alcohol Policy Approval (Staff Contact: Christopher C. Slemp) j. County Internet Service Provider Partnership Contract Approval (Staff Contact: Dave F. Arnold) k. Acknowledgment of Lease Transfer and Agreement to Amend Exhibit “B” to Lease Agreement Approval (RiverStreet); (Staff Contact: Dave F. Arnold) l. Open Space Land Use Renewal Contract Renewal Approval (Cedars Country Club, Inc.); (Contact: Robin C. Goard) 8. PRESENTATIONS a. General Presentations (Board of Supervisors) b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) c. Dr. Jerry Wallace Introduction (DCC President); (Contact: Board of Supervisors) 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 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-22-026; Charles Thomas; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with opposition, that the Petitioner's request be granted. (Supervisor Ingram) Business Meeting - September 20, 2022 Case 2: Public Hearing: Case R-22-027; Ceasar Investment, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to RPD, Residential Planned Unit Development District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be denied (Supervisor Barksdale) 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: 2023 County Budget Amendments Approval (Staff Contact: Kimberly G. Van Der Hyde) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Hurt Partners Landfill Amended Tipping Fee Waiver Approval (Staff Contact: Matthew D. Rowe) b. Petition for Writ of Special Election Filing Approval (Staff Contact: J. Vaden Hunt, Esq.) 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: August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 20, 2022 Item Number: 7.a Attachment(s): 08-16-2022 Work Session - DRAFT 08-16-2022 Business Meeting - DRAFT Reviewed By: SUMMARY: For the Board’s review and consideration, attached are the following August Board Meeting Minutes: (1) 08/16/2022 (Work Session); and (2) 08/16/2022 (Business Meeting). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt the August Board Meeting Minutes as attached and presented. MOTION: “I make a Motion to adopt the August Board Meeting Minutes as attached and presented.” 7.a Packet Pg. 4 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION August 16, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on August 16, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (4:30 PM) Ingram called the Meeting to Order at 4:30 PM. ROLL CALL The following members were present: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 4:15 PM Jessie L. Barksdale Vice Chairman - Banister District Present 3:55 PM Tim Chesher Supervisor - Dan River District Present 3:56 PM Darrell Dalton Supervisor - Callands-Gretna District Present 3:56 PM Timothy W. Dudley Supervisor - Staunton River District Present 4:20 PM Ronald S. Scearce Supervisor - Westover District Present 4:23 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 4:22 PM AGENDA ITEMS TO BE ADDED Motion to remove DSS Bylaws from item 8(c) from the Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren PRESENTATIONS None. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS None. BUSINESS MEETING DISCUSSION ITEMS None. 7.a.a Packet Pg. 5 Attachment: 08-16-2022 Work Session - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Work Session CLOSED SESSION The Board entered Closed Session at 4:40 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Barksdale SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Christopher C. Slemp) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Potential Property Disposition/Acquisition Purpose: Potential Disposition/Acquisition of Publicly Owned Property Related to Gospel Tabernacle Outreach Center, Southside Soccer Club, and /or Jail b. 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 c. 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: Rock Festival Offsite Parking SUP Purpose: Legal Consultation/Legal Advice Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:48 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 August 16, 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 7.a.a Packet Pg. 6 Attachment: 08-16-2022 Work Session - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Work Session 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 W. (“Bob”) Warren Yes Jessie L. Barksdale Yes William V. (“Vic”) Ingram Yes ADJOURNMENT Ingram adjourned the Meeting at 6:49 PM. 7.a.a Packet Pg. 7 Attachment: 08-16-2022 Work Session - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING August 16, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on August 16, 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 present: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 6:49 PM Jessie L. Barksdale Vice Chairman - Banister District Present 6:50 PM Tim Chesher Supervisor - Dan River District Present 6:44 PM Darrell Dalton Supervisor - Callands-Gretna District Present 6:49 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:44 PM Ronald S. Scearce Supervisor - Westover District Present 6:49 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:45 PM AGENDA ITEMS TO BE ADDED Motion to remove item 7(h), Shell Building Moral Obligation Support Agreement, from Agenda, for further consideration and development from County Staff. RESULT: ADOPTED [6 TO 0] MOVER: Warren SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Scearce, Warren AWAY: Dudley APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. 7.a.b Packet Pg. 8 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren a. July Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 July Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Amended Resolution # 2022-07-03 (Support for Naming the Route 685 Chalk Level Road Bridge over US Highway 29 in Pittsylvania County, the “Deputy Sheriff J. Holland Thomas, Sr., Memorial Bridge”) Adoption (Staff Contact: Kaylyn M. McCluster) d. Rescue Squad Assistance Fund Application Submission Approval (Ambulance Remount); (Staff Contact: Christopher Key) e. Public Safety Answering Point Grant Application Submission Approval (911 Training) (Staff Contact: Christopher Key) f. Rescue Billing Year-End Appropriation Approval (Staff Contact: Kimberly G. Van Der Hyde) g. Resolution # 2022-08-01 (Additional Rural Rustics Road Designations) Adoption (Supervisor Dalton) h. Internet Service Provider Partnership Designation (Future Grants); (Staff Contact: Dave F. Arnold) ITEMS REMOVED FROM CONSENT AGENDA i. Shell Building Moral Obligation Support Agreement Approval (Staff Contact: Matthew D. Rowe) PRESENTATIONS a. General Presentations (Board of Supervisors) The Tunstall Robotics team was present to accept their Certificate of Excellence. b. County Interns’ Certificates Presentations (Staff Contact: Caleb Ayers/Dana Wilson) Ingram presented Certificates to students who participated in the County Summer Internship Program. c. Danville-Pittsylvania County Chamber of Commerce Update (Staff Contact: Clarence C. Monday); (Presenter: Anne Moore-Sparks) Anne Moore-Sparks, Danville-Pittsylvania County Chamber of Commerce President and CEO, introduced herself and presented their request of $25,000 for their RevUp program. d. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) 7.a.b Packet Pg. 9 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Business Meeting Gayle Barts, Pittsylvanians for a Brighter Future, spoke in support of the 1% Sales Tax Referendum. She stated that this 1% local sales tax increase would generate $3.8 million yearly. This sales tax increase does have exceptions and it does not apply to groceries or prescription medications. Anyone who desires to assist with getting the message out to the citizens of the County may volunteer to assist by emailing voteyes4pcs@gmail.com. HEARING OF THE CITIZENS Jim Scearce, Westover District, stated he was nominated and appointed to the DSS Board. At the last DSS Board Meeting, there was an item on the Agenda to revise the DSS Bylaws to correct a non-compliant issue that was identified earlier in the year. He stated there was a vote taken to table the vote to allow the Board of Supervisors time to correct this issue in their Bylaws, and Scearce voiced his concerns regarding such. Bob Carlberg, Staunton River District, also stated his concerns regarding the DSS Bylaws. Chuck Angier, Callands-Gretna District, stated that the Whitehorn Solar Project in Gretna is a disgrace to the County and an embarrassment to the Solar Industry. He stated the vegetation has been overtaken by weeds and the weeds are even climbing over the fence. Gretna Fire had difficulty getting into this location for a battery fire due to mud, vegetation, access, and lack of training. He asked the Board to look at what is going on out there and to try to prevent it from going on somewhere else. Barbara Hancock, Callands-Gretna District, spoke on the negative effects of the COVID vaccine and highlighted symptoms that can result from the vaccine. She provided recommendations for those who may be experiencing these symptoms. Stephen Barrow, Dan River District, wanted to introduce himself to the Board and stated he has started up a business called Hammer Hill Computers in the Dan River District. They offer a program for those who have been recently released from incarceration to allow them to find jobs and keep them out of the criminal system. He is new to the area and plans to be involved and encouraged the Board to reach out if there were any concerns or suggestions for him. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-22-020: Lisa Wilkinson; Rezoning from R-1, Residential Suburban Subdivision 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 Chesher) In Case R-22-020, Lisa Wilkinson (“Petitioner”) has petitioned to rezone 0.617 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be consolidated with adjacent property zoned A-1). The subject property is located on State Road 968/Sandy Creek Church Road, in the Dan River Election District, and shown on the Tax 7.a.b Packet Pg. 10 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Business Meeting Maps as part of GPIN # 2357-86-7262. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On July 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 7:55 PM. No one signed up to speak and Ingram closed the Public Hearing at 7:56 PM. Motion to approve the rezoning of 0.617 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent parcel zoned A-1. RESULT: APPROVED [UNANIMOUS] MOVER: Chesher SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 2: Public Hearing: Case R-22-022: Donnie Devall, Jr.; Rezoning from R-1, Residential Suburban Subdivision 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 Scearce) In Case R-22-022, Donnie Devall, Jr. (“Petitioner”) has petitioned to rezone a total of 4.6 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be consolidated with adjacent property zoned A-1). The subject property is located on State Road 870/Vandola Road, in the Westover Election District, and shown on the Tax Maps as GPIN #s 1386-71-5326 and 1386-71-6471. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On July 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 7:56 PM. Donnie Devall was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 7:57 PM. Motion to approve the rezoning of 4.6 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent parcel zoned A-1. 7.a.b Packet Pg. 11 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 3: Public Hearing: Case R-22-024: William and Kristy Astin; Rezoning from R-1, Residential Suburban 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 Chesher) In Case R-22-024, William and Kristy Astin (“Petitioners”) have petitioned to rezone a total of 3.65 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for future consolidation with an adjacent property zoned A-1). The subject property is located on State Road 989/Airport Road, in the Dan River Election District, and shown on the Tax Maps as GPIN #s 2336-52-4576, 2336-52-7352, and 2336-52-7571. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On July 5, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners’ request be granted. Ingram opened the Public Hearing at 7:58 PM. William Astin was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 7:59 PM. Motion to approve the rezoning of 3.65 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the properties to be consolidated with an adjacent parcel zoned A-1. RESULT: APPROVED [UNANIMOUS] MOVER: Chesher SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 4: Public Hearing: Case R-22-025: Charles Turner and Michael Turner; Rezoning from R-1, Residential Suburban 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-22-025, Charles Turner and Michael Turner (“Petitioners”) have petitioned to rezone 1.0 acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be consolidated with an adjacent property zoned A-1). The subject property is located on State Road 851/Sugartree Church Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1460-61-9629. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On July 5, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners’ request be granted. 7.a.b Packet Pg. 12 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Business Meeting Ingram opened the Public Hearing at 8:00 PM. Charles Turner was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:01 PM. Motion to approve the rezoning of 1.0 acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent parcel zoned A-1. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Other Public Hearings 1. Public Hearing: FY 2022 County Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) Annually, Departmental/Fund Budgets are reviewed to determine if sufficient Budget amounts exist to cover expenses until year-end. Most of these items are bookkeeping entries required by the County’s Auditors. Prior to approval of the FY 2022 County Budget Amendments, per the Virginia Code, a Public Hearing is required to be held. Ingram opened the Public Hearing at 8:03 PM. No one signed up to speak and Ingram closed the Public Hearing at 8:03 PM. Motion to approve the FY 2022 County Budget Amendments as attached and presented. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren 2. Public Hearing: PCC § 8-7 (Precincts) Revisions (Staff Contact: Kelly A. Keesee) Last year, the Board approved Redistricting Plan “A” and the Office of the Attorney General of the Commonwealth of Virginia approved the changes to the polling place boundaries and the request to relocate the Hurt Elementary School Voting Precinct to the New Prospect Family Life Center as listed in the plan. Following a lawfully advertised and conducted Public Hearing, the Board is legally required to vote to amend Pittsylvania County Code (“PCC”) § 8-7 to formally implement the Registrar’s voting precinct relocation recommendation. The proposed Voting Precinct relocation Public Hearing Notice was advertised in the Danville Register and Bee on August 4, 2022, and August 11, 2022. Ingram opened the Public Hearing at 8:04 PM. No one signed up to speak and Ingram closed the 7.a.b Packet Pg. 13 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Business Meeting Public Hearing at 8:05 PM. Motion to approve the amendments to PCC § 8-7 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren UNFINISHED BUSINESS a. Revised FY 2023 Fire and Rescue Service Agreement Approval (Staff Contact: Christopher Key) The County requires Volunteer Fire and Rescue Agencies sign an Annual Service Agreement (“Service Agreement”) that details expectations of both parties. Supervisor Warren and the Fire and Rescue Association reviewed the Service Agreement and requested changes to it. The Fire and Rescue Commission has reviewed the revised Service Agreement and recommends the Board approve the revised FY 2023 Service Agreement. Scearce stated he would be voting against this item for the same reason he voted against it last month; lack of accountability. Motion to approve the attached, revised FY 2023 Fire and Rescue Service agreement as presented, with the funding for the increase of EMS pay per call contingent upon appropriation by the Board. RESULT: APPROVED [6 TO 1] MOVER: Warren SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Warren NAYS: Scearce NEW BUSINESS None. MATTERS FROM WORK SESSION (IF ANY) None. BOARD MEMBER REPORTS • Chesher thanked everyone for being in attendance and stated he has finished his last chemo treatment and received a report of no cancer. He also thanked everyone for the prayers, cards, and support that he has received throughout this period. 7.a.b Packet Pg. 14 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 16, 2022 Business Meeting • Dudley thanked everyone for coming out and being involved and he also spoke on Angier's comments earlier in the meeting regarding solar facilities in the County. • Warren expressed heartfelt sympathy and prayers to the Harville family during the loss of Coy Harville, a previous Board Member for the Westover District. • Dalton thanked everyone for coming out tonight and echoed Warren's sentiments about Harville. • Barksdale stated he was glad that everyone is here. • Scearce echoed Warren's earlier comments regarding the School’s Sales Tax Referendum and thanked the school representatives for coming out to speak in support of this item. • Ingram recognized the Tunstall Robotics team and the interns, as well as Fire and Rescue, and the School System. He also recognized Harville and expressed sympathy for his passing. He stated there would be a bridge dedication ceremony on Friday naming two (2) bridges in county after two State Troopers who were killed in the line of duty. COUNTY ADMINISTRATOR REPORTS Monday thanked the Board for providing the funding for the internship program. He stated that is the future of the County and he is glad to see the Board support that project, and he is hopeful they will support this program again. He also thanked all Departments that were willing to have interns. Hunt echoed the statements about Harville and always thought that he was one of the greatest politicians that he ever knew on any level, and the County is a better place for him serving on this Board. ADJOURNMENT Ingram adjourned the Meeting at 8:23 PM. 7.a.b Packet Pg. 15 Attachment: 08-16-2022 Business Meeting - DRAFT (3353 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County's 2022 August Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 20, 2022 Item Number: 7.b 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 August Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=458258&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2022 August Bill List as presented. MOTION: “I make a Motion to approve the County’s 2022 August Bill List as presented.” 7.b Packet Pg. 16 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Lisa Tuite Certificate Approval (Retirement); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 20, 2022 Item Number: 7.c Attachment(s): Lisa Tuite - Certificate Reviewed By: SUMMARY: After ten (10) years of working with the County, Lisa Tuite, Library Director, is retiring effective October 1, 2022. Tuite has had many accomplishments as Library Director and the Board expresses its sincere appreciation to her for her service to the County. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the attached Certificate of Appreciation honoring Tuite’s retirement. MOTION: “I make a Motion to approve the attached Certificate of Appreciation honoring Tuite’s retirement.” 7.c Packet Pg. 17 C e r t i f i c a t e o f A p p r e c i a t i o n Lisa Tuite William "Vic" Ingram Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation to you for your service to the County. During your ten year career, you have many accomplishments to be proud of. Some of which include the relocation and expansion of the Mt. Hermon branch library, the renovation of the Gretna branch and addition of new outdoor amenities, upgrades of all computers, partnerships with other organizations to offer events and services, and implementing virtual story times and curbside pickup to continue library services through the COVID-19 pandemic. We thank you for your hard work and dedication, and we wish you the best in your retirement. Given this 20th day of September, 2022 Darrell W. Dalton Callands-Gretna District 7.c.a Packet Pg. 18 Attachment: Lisa Tuite - Certificate (3352 : Lisa Tuite Certificate Approval (Retirement); (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Purchase of Service Weapon Approval (Deputy James R. Abbott Retirement); (Contact: Sheriff Taylor) Staff Contact(s): Sheriff Taylor Agenda Date: September 20, 2022 Item Number: 7.d Attachment(s): J ABBOTT Reviewed By: SUMMARY: Over the years, the Board has approved requests from retiring Sheriff’s Deputies to purchase their service weapons, if the Deputy meets the requirements of Virginia Code § 59.1-148.3. For the Board’s review and consideration, attached please find a letter from Deputy James R. Abbott (“Abbott”) requesting to purchase his service weapon upon his recent retirement that was effective August 1, 2022. For the Board’s review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: The service weapon will be purchased for $1.00. RECOMMENDATION: As authorized by the Virginia Code, County Staff recommends the Board approve Sheriff Taylor’s transfer of the above-described service weapon to Abbott for $1.00. MOTION: “I make a Motion to approve Sheriff Taylor’s transfer of the above-described service weapon to Abbott for $1.00.” 7.d Packet Pg. 19 7.d.a Packet Pg. 20 Attachment: J ABBOTT (3354 : Purchase of Service Weapon Approval (Deputy James R. Abbott Retirement); (Contact: Sherif) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Southern Area Agency on Aging (Teresa Easley); (Full Board Appointment); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 20, 2022 Item Number: 7.e Attachment(s): 09-13-2022 Teresa Easley - Southern Area Agency on Aging Board Reviewed By: SUMMARY: Jack Gates, Jr., tendered his resignation and can no longer serve on the Southern Area Agency on Aging Board of Directors. Teresa Easley has expressed interest in serving on this Board and her interest form is attached. This is a full Board appointment. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board appoint Teresa Easley to the Southern Area Agency on Aging Board of Directors for a three (3)-year term beginning on September 20, 2022, and expiring on September 20, 2025. MOTION: “I make a Motion to appoint Teresa Easley to the Southern Area Agency on Aging Board of Directors for a three (3)-year term beginning on September 20, 2022, and expiring on September 20, 2025.” 7.e Packet Pg. 21 * Full Name Teresa Easley * Full Address 634 South Main Chatham Va 24531 * Election District Banister * Phone (434) 489-1083 * Email teresaeasley51@gmail.com * Board, Committee, or Commission of Interest Southern Area Agency on Aging Board Disclaimer* Members of the Board of Zoning Appeals are appointed by a local judge. The Board of Supervisors can make recommendations, but a judge actually makes the appointment. Page | 1 7.e.a Packet Pg. 22 Attachment: 09-13-2022 Teresa Easley - Southern Area Agency on Aging Board (3359 : Appointment: Southern Area Agency on Aging (Teresa Resume or Cover Letter **SKIPPED** * Education Background Chatham High school Chowan Jr College Averett university * Occupation Retired Treasurer Pittsylvania County * Why do you want to serve on this Board? I am looking for local community involvement that I can be a part of * What special skills/interests/qualifications would benefit you in this appointment? Interested in this because of my aged parents, who are now deceased. To help the aged to have the best quality of life that can be afforded to them Paragraph Text **SKIPPED** Paragraph Text **SKIPPED** Attachment **SKIPPED** I agree that if appointed to any Committee, Board, or Commission I will complete the required Conflict of Interest Annual Filings and will adhere to the Code of Ethics/Model of Excellence as included in the Pittsylvania County Board of Supervisors bylaws. * Code of Ethics/Model of Excellence Yes Read-Only Content Read-Only Content Read-Only Text Read-Only Content Read-Only Content Read-Only Content Read-Only Content Attachment **SKIPPED** Attachment **SKIPPED** Page | 2 7.e.a Packet Pg. 23 Attachment: 09-13-2022 Teresa Easley - Southern Area Agency on Aging Board (3359 : Appointment: Southern Area Agency on Aging (Teresa I agree that if appointed to any Committee, Board, or Commission I will complete the required Conflict of Interest Annual Filings and will adhere to the Code of Ethics/Model of Excellence as included in the Pittsylvania County Board of Supervisors bylaws. * Code of Ethics/Model of Excellence Yes DISCLAIMER: The Pittsylvania County Board of Supervisors reserves the absolute legal right to appoint an individual to any Committee, Board, or Commission. Moreover, completion and submission of the Citizen Committee Interest Form does not guarantee an appointment to a committee by the Pittsylvania County Board of Supervisors. Page | 3 7.e.a Packet Pg. 24 Attachment: 09-13-2022 Teresa Easley - Southern Area Agency on Aging Board (3359 : Appointment: Southern Area Agency on Aging (Teresa Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Certificate Approval (Honoring C. Monday’s Interim County Administrator Service); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 20, 2022 Item Number: 7.f Attachment(s): Clarence Monday - Certificate Reviewed By: SUMMARY: Clarence C. Monday has served as the County’s Interim County Administrator from February 1, 2022, until September 21, 2022. The Board thanks him for his exemplary service to the County and wishes him the best in all his future endeavors. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the attached Certificate honoring Monday’s service to the County. MOTION: “I make a Motion to approve the attached Certificate honoring Monday’s service to the County.” 7.f Packet Pg. 25 7.f.a Packet Pg. 26 Attachment: Clarence Monday - Certificate (3362 : Certificate Approval (Honoring C. Monday’s Interim Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-09-01 Adoption (Honoring Gregory Robinson, James Webb Space Telescope Program Director); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 20, 2022 Item Number: 7.g Attachment(s): 2022-09-01 Gregory Robinson - NASA Reviewed By: SUMMARY: Gregory L. Robinson, a County native, graduated from Dan River High School in 1978. He later earned two (2) Bachelor’s Degrees and began his career with NASA. After thirty-three (33) years of NASA service, Robinson retired on July 29, 2022. The Board congratulates Robinson on his retirement and wishes him the best in all his future endeavors. For the Board’s review and consideration, Resolution # 2022-09-01 honoring Robinson’s retirement is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2022-09-01 as attached. MOTION: “I make a Motion to adopt Resolution # 2022-09-01 as attached.” 7.g Packet Pg. 27 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-09-01 __________________________________________________________________ HONORING GREGORY ROBINSON’S RETIREMENT AS THE JAMES WEBB SPACE TELESCOPE PROGRAM DIRECTOR VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, September 20, 2022, in the Board Meeting Room, the following Resolution was presented and adopted: WHEREAS, Gregory L. Robinson (“Robinson”) is a County native and graduated from Dan River High School in 1978; and WHEREAS, Robinson was the ninth (9th) of eleven (11) children born to a family of sharecroppers, and he was the only sibling to pursue a STEM-related field; and WHEREAS, he earned a Bachelor’s Degree in math from Virginia Union University and a Bachelor’s Degree in electrical engineering from Howard University; and WHEREAS, Robinson has been working for NASA since 1989 and became the Director of the James Webb Space Telescope Program in 2018; and WHEREAS, after more than thirty (30) years of service at NASA, Robinson retired on July 29, 2022; and WHEREAS, during his thirty-three (33) years at NASA, Robinson held several Senior Executive positions, including Deputy Director at the Agency’s Glenn Research Center in Cleveland, Ohio, from February 2013 to February 2015, where he helped lead a major reorganization of the Center to improve project performance, while continuing world class research and technology development; and WHEREAS, Robinson is the recipient of numerous accolades, including the NASA Presidential Rank Distinguished Executive, the NASA Meritorious Senior Professionals and Executives Award, and the 2022 “Management Excellence” Finalist for the Samuel J. Heyman Service to America Medals.; He was also named to the TIME 100’s Most Influential People of 2022. NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby express their deepest congratulations to Robinson on his retirement and wish him the best in his future endeavors. __________________________________________ Timothy W. Chesher (Dan River District) Pittsylvania County Board of Supervisors __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Clarence C. Monday (Clerk) Pittsylvania County Board of Supervisors 7.g.a Packet Pg. 28 Attachment: 2022-09-01 Gregory Robinson - NASA (3361 : Resolution # 2022-09-01 Adoption (Honoring Gregory Robinson, James Webb Space Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: K. McCluster Certificate Approval (Certified Municipal Clerk Designation); (Staff Contact: Clarence C. Monday) Staff Contact(s): Clarence C. Monday Agenda Date: September 20, 2022 Item Number: 7.h Attachment(s): Kaylyn McCluster - Certificate Reviewed By: SUMMARY: As of August 1, 2022, Kaylyn M. McCluster, County Deputy Clerk, completed all education and experience requirements prescribed by the International Institute of Municipal Clerks (“IIMC”) for Certification. IIMC grants the Certified Municipal Clerk (“CMC”) designation only to those Municipal Clerks who complete demanding education requirements, and who have a record of significant contributions to their local government, their community, and State. In Virginia there are 206 Clerks registered with the Virginia Municipal Clerks Association, and out of those, only 57 (27%) have obtained their certification. The Board applauds McCluster’s educational accomplishments and achievement of this milestone and congratulates her on the pursuit of professional excellence. 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 attached Certificate of Excellence recognizing McCluster. MOTION: “I make a Motion to approve the attached Certificate of Excellence recognizing McCluster.” 7.h Packet Pg. 29 C e r t i f i c a t e o f E x c e l l e n c e Kaylyn M. McCluster William "Vic" Ingram Chairman The Pittsylvania County Board of Supervisors expresses its sincere congratulations to you for you being awarded the International Institute of Municipal Clerks' ("IIMC") designation of Certified Municipal Clerk ("CMC"). IIMC grants the CMC designation only to those Municipal Clerks who complete demanding education requirements; and who have a record of significant contributions to their local government, their community, and State. In Virginia there are 206 Clerks registered with the Virginia Municipal Clerks Association, and out of those, only 57 (27%) have their certification. We applaud your educational accomplishments and achievement of this milestone and congratulate you on your pursuit of professional excellence. Given this 20th day of September, 2022 7.h.a Packet Pg. 30 Attachment: Kaylyn McCluster - Certificate (3363 : Kaylyn McCluster Certificate Approval (Certified Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Revised County Facility Alcohol Policy Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: September 20, 2022 Item Number: 7.i Attachment(s): Reviewed By: SUMMARY: County Staff has recently been questioned regarding third-party usage of County properties and the serving of alcoholic beverages thereon. To date, the County has not adopted an alcoholic beverage policy regarding outside individuals and groups. County Staff is recommending a minor change in the County’s current Policy Manual, under section 12 (Drug and Alcohol-Free Workplace), that would be consistent with the County’s current policy of a drug and alcohol-free workplace. For the Board’s review and consideration, attached is the suggested revision: 12.1. Purpose The County is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug and alcohol-free workplace program that balances our respect for individuals with the needs to maintain a drug and alcohol-free environment. The County prohibits the use or possession of alcohol and illegal drugs on County property. The County encourages employees to voluntarily seek help with drug and alcohol. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt the revised Policy as presented. MOTION: “I make a Motion to adopt the revised Policy as presented.” 7.i Packet Pg. 31 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County Internet Service Provider Partnership Contract Approval (Staff Contact: Dave F. Arnold) Staff Contact(s): David F. Arnold Agenda Date: September 20, 2022 Item Number: 7.j Attachment(s): Contract RiverStreet Networks Reviewed By: SUMMARY: After reviewing proposals from internet service providers in response to RFP #2022-0613 (Broadband Expansion), County Staff recommends partnering with RiverStreet Networks (“RiverStreet”) on future Federal and State Grant applications related to broadband expansion. For the Board’s review and consideration, attached is a broadband expansion contract (“Contract”) with RiverStreet, establishing it as the County’s internet service provider partner for future Federal and State broadband Grant applications until September 30, 2025. FINANCIAL IMPACT AND FUNDING SOURCE: The County is under no obligation to offer a direct local match on any future broadband Grant applications. RECOMMENDATION: County Staff recommends the Board approve awarding the attached Contract to RiverStreet. MOTION: “I make a Motion to approve awarding the attached Contract to RiverStreet.” 7.j Packet Pg. 32 Contract Number: 09202022 This contract entered into this 20th day of September, by RiverStreet Networks; hereinafter called the “Partnering Internet Service Provider (ISP)” and County of Pittsylvania called the “Partnering Locality.” WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF SERVICES: The Contractor shall provide the services to the County of Pittsylvania as set forth in the RFP 2022-0613 and proposal received. The Partnering Locality and the Partnering ISP will partner on federal and state grant applications to facilitate funding for the Partnering ISP to provide high-speed internet service to unserved and underserved locations. The Partnering Locality is under no obligation to provide a direct local match on grant applications for the duration of this contract, and the Partnering ISP’s financial commitment to any grant application may vary depending on number of passings and infrastructure needs of the areas targeted in the grant application. Furthermore, the minimum number of passings requirement has been waived as the criteria defining what constitutes high-speed internet and the scope of broadband grant programs are subject to change. PERIOD OF PERFORMANCE: PERIOD OF PERFORMANCE: From: 9/20/2022 through 9/30/2025 The contract documents shall consist of: A. This signed form; B. The following portions of the Request for Proposals dated 06/13/22: (1) Scope of services, of the RFP (2) Pittsylvania County General Terms and Conditions “revised” see attached (3) Pittsylvania County Special Terms and Condition “revised” see attached C. The Provider’s Proposal dated 7/12/2022 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. CONTRACTOR: PURCHASING AGENCY: By: _________________________________________ By: _______________________________ Title: _________________________________________ Title: _______________________________ Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. VP Business Development 7.j.a Packet Pg. 33 Attachment: Contract RiverStreet Networks (3355 : County Internet Service Provider Partnership Contract Approval) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Acknowledgment of Lease Transfer and Agreement to Amend Exhibit “B” to Lease Agreement Approval (RiverStreet); (Staff Contact: Dave F. Arnold) Staff Contact(s): David F. Arnold Agenda Date: September 20, 2022 Item Number: 7.k Attachment(s): Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 Reviewed By: SUMMARY: As of March 1, 2020, the County entered into a Lease Agreement (“Lease”) with AcelaNet, LLC, a Virginia limited liability company that did business under the name SCS Broadband (“AcelaNet”). Pursuant to the Lease the County granted certain rights to AcelaNet to co-locate equipment on certain communications Towers owned by the County. On January 1, 2021, RiverStreet Management Services, LLC (“RiverStreet”), acquired one hundred percent (100%) of the membership interests of AcelaNet. Effective February 1, 2021, AcelaNet merged into RSWVA, with RSWVA being the surviving entity. By virtue of the merger, RiverStreet acquired the Lease between the County and AcelaNet. Now, the County and RiverStreet desire to amend Exhibit “B” to the Lease to accurately reflect the activation dates of the equipment on certain Towers. Accordingly, for the Board’s review and consideration, attached is an Amendment that assigns the Lease from “ACELANET LLC D/B/A SCS BROADBAND” to “RIVERSTREET WIRELESS OF VIRGINIA, INC. D/B/A RIVERSTREET NETWORKS” as Lessee, as well as includes the activation of equipment at two (2) additional tower locations: Rockford School and Brosville. FINANCIAL IMPACT AND FUNDING SOURCE: This Amendment includes two (2) additional tower locations; which will increase the Lessee’s lease payment. RECOMMENDATION: County Staff recommends the Board approve the Amendment as attached. MOTION: “I make a Motion to approve the execution of the Amendment as attached.” 7.k Packet Pg. 34 ACKNOWLEDGMENT OF LEASE TRANSFER AND AGREEMENT TO AMEND EXHIBIT “B” TO LEASE AGREEMENT THIS ACKNOWLEDGMENT OF LEASE TRANSFER AND AGREEMENT TO AMEND EXHIBIT “B” TO LEASE AGREEMENT (the “Acknowledgment”) is hereby made and entered into as of the ____ day of __________, 2022 by and between Pittsylvania County, a political subdivision of the Commonwealth of Virginia (“County” or “Lessor”), and RiverStreet Wireless of Virginia, Inc. d/b/a RiverStreet Networks, a Virginia corporation (“RSWVA” or “Lessee”). Each of the County and RSWVA may be referred to herein individually as a "Party" and collectively as the "Parties." RECITALS Whereas, effective as of March 1, 2020, the County entered into a Lease Agreement (“Lease”) with AcelaNet, LLC, a Virginia limited liability company that did business under the name SCS Broadband (“AcelaNet”); Whereas, pursuant to the Lease the County granted certain rights to AcelaNet to co-locate Equipment on certain communications Towers owned by the County; Whereas, on January 1, 2021, RiverStreet Management Services, LLC acquired 100% of the membership interests of AcelaNet; Whereas, effective February 1, 2021, AcelaNet merged into RSWVA with RSWVA being the surviving entity; Whereas, by virtue of the merger RSN acquired the Lease between the County and AcelaNet; and Whereas, the Parties desire to amend Exhibit B to the Lease to accurately reflect the activation dates of the Equipment on certain Towers NOW, THEREFORE, for and in consideration of the foregoing, and other good and valuable consideration and the premises and covenants hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are expressly incorporated herein by this reference. 2. Definitions. All capitalized terms used in this Acknowledgment that are not otherwise defined herein shall have the meanings assigned to such terms in the Lease. 3. Acknowledgement of Transfer of Lease Agreement. The Parties hereby acknowledge that by the merger of AcelaNet into RSWVA, RSWVA acquired the Lease and that RSWVA became responsible as of February 1, 2021, for AcelaNet’s obligations under the Lease, to the same extent as if RSWVA were named as the Lessee under the Lease. 7.k.a Packet Pg. 35 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 4. Agreement of the Parties. County and RSWVA hereby expressly agree as follows: A. As successor to AcelaNet RSWVA is the current holder of the Lessee’s interest under the Lease. B. The Lease is in full force and effect. C. A true and correct copy of the Lease and all amendments, if any, is attached hereto as Exhibit “C” and incorporated herein by this reference. Except as otherwise set out in this Agreement, the Lease, and all amendments, if any, constitute the entire agreement between Lessor and Lessee with respect to the Leased Space. There are no present outstanding defaults pursuant to the terms and provisions of the Lease by either Lessor or Lessee, and no Party has knowledge of any facts which, with the giving of notice, passage of time, or both, would constitute a default by any Party under the Lease. D. Exhibit “B” to the Lease is hereby revised and amended, as shown in the attached Amended Exhibit B, to accurately reflect 5. Binding Agreement. This Acknowledgment constitutes the entire agreement between the Parties hereto with respect to the transfer of the Lease to RSWVA and supersedes all prior understandings or agreements between the Parties relative to such matter. 6. Notices. Any notice, communication, request, reply or advise (hereinafter severally and collectively, “Notice”) regarding this Acknowledgement or the Lease shall be given as provided for in Section 24 of the Lease, and shall be sent to the Parties at the following addresses: Lessor: Board of Supervisors of Pittsylvania County, Virginia Attn.: County Administrator 1 Center Street PO Box 426 Chatham, Virginia 24531 Lessee: RiverStreet Wireless of Virginia, Inc. Attn.: Lease Administration 1400 River Street Wilkesboro, NC 28697 E-mail: LeaseAdministration@myriverstreet.net 7. Board of Supervisors Approval. At its regular meeting on ________________, 2022, the Pittsylvania County Board of Supervisors voted unanimously to approve this Acknowledgment and Agreement. 7.k.a Packet Pg. 36 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and Signatures on following page IN WITNESS WHEREOF, the Parties have executed this Acknowledgment and Agreement as of the date and year first written above. County of Pittsylvania, Virginia By: _________________________ Print Name: __________________ Title:________________________ RiverStreet Wireless of Virginia, Inc. d/b/a RiverStreet Networks By: _________________________ Print Name: Stephen Morris Title: Director – Wireless Operations 7.k.a Packet Pg. 37 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and ACKNOWLEDGEMENT Commonwealth of Virginia County of Pittsylvania On this, the _____ day of ____________, 2022 before me, the undersigned officer in and for the above-stated jurisdiction, personally appeared Robert W. Warren, Chairman of the Pittsylvania County Board of Supervisors, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within Acknowledgment and Agreement, and acknowledged that he executed the same for the purposes therein contained on behalf of said County. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ____________________________________ Notary Public My Commission Expires:____ 7.k.a Packet Pg. 38 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and ACKNOWLEDGEMENT State of South Carolina County of York On this, the _____ day of ___________, 2022, before me, the undersigned officer in and for the above-stated jurisdiction, personally appeared Stephen Morris, who acknowledged him/herself to be the Director – Wireless Operations of RiverStreet Wireless of Virginia, Inc., a Virginia corporation, and that he, being authorized to do so, executed the foregoing Acknowledgment and Agreement for the purposes therein contained on its behalf. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ____________________________________ Notary Public My Commission Expires:____ 7.k.a Packet Pg. 39 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and AMENDED EXHIBIT "B" TOWER DATE ACTIVATED CURRENT DATE NUMBER OF MONTHS AMOUNT DUE Callands 6/1/19 9/1/22 Grit 4/1/19 9/1/22 Mt. Airy 3/6/19 9/1/22 Rockford School 3/31/2022 9/1/22 5 $300.00 White Oak 1/1/18 9/1/22 Brosville 3/31/2022 9/1/22 5 $300.00 Dan River Middle School 12/1/19 9/1/22 TOTALS $600.00 7.k.a Packet Pg. 40 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and EXHIBIT C COPY OF THE LEASE AGREEMENT 7.k.a Packet Pg. 41 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 42 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 43 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 44 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 45 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 46 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 47 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 48 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 49 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 50 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 51 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 52 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 53 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and 7.k.a Packet Pg. 54 Attachment: Acknowledgment and Amendment of Lease 7082022 JJ07262022 DCHv3 (3371 : Acknowledgment of Lease Transfer and Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Open Space Land Use Renewal Contract Renewal Approval (Cedars Country Club, Inc.); (Contact: Robin C. Goard) Staff Contact(s): Robin C. Goard Agenda Date: September 20, 2022 Item Number: 7.l Attachment(s): Open Space Land Use Renewal Contract - Cedars Country Club Reviewed By: SUMMARY: Cedars Country Club, Inc., currently has an Open Space Use Agreement (“Agreement”) for a golf course expiring on December 31, 2022. The County’s Land Use Ordinance requires a renewal application be submitted to the Commissioner of the Revenue’s office every six (6) years if the landowner wishes to remain in the Land Use Program. For the Board’s review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: If the Agreement Renewal is granted, the Honorable Robin C. Goard has submitted the County’s deferred tax revenue will be $1,090.58 annually. RECOMMENDATION: County Staff recommends the Board approve the attached Agreement Renewal and authorize the execution of any related necessary documentation. MOTION: “I make a Motion to approve the attached Agreement Renewal and authorize the execution of any related necessary documentation.” 7.l Packet Pg. 55 OFFICE OF C 1-14 OMMISSIONER OF THE REVENUE PITTSYLVANIA COUNTY P.O. BOX 272 CHATHAM, VIRGINIA 24531 434)432-7940 434)656-6211 Robin Coles-Goard FAX(434)432-7957 Commissioner robin.goard@pittgov.org August 26, 2022 Mr. Clarence Monday Pittsylvania County Interim Administrator PO Box 426 Chatham, VA 24531 RE: Open Space Land Use Renewal Contract Dear Mr. Monday: As of December 31, 2022, the Open Space Land Use Contract for Cedars Country Club INC will expire. The Pittsylvania County Code requires renewal every six years. The Revalidation forms for the parcels in the program are current, so we are submitting the signed Open Space Use Agreement for consideration by the Board. Please review and as soon as possible, render the decision of the Board as to whether the parcels will qualify for Land Use taxation. We have kept a copy of the agreement; however, request the original Open Space Use Agreement be returned to our office once a decision has been made. Thank you for your prompt attention. Regards, Q.). tiQc,..„..c Robin C Goard Commissioner of the Revenue RCG/mfa Enclosures cc: J. Vaden Hunt, County Attorney 7.l.a Packet Pg. 56 Attachment: Open Space Land Use Renewal Contract - Cedars Country Club (3356 : Open Space Land Use Renewal Contract Renewal Approval OPEN-SPACE USE AGREEMENT THIS agreement, made this 1ST day of JANUARY 2023 between CEDARS COUNTRY CLUB INC hereinafter called the owner, and the County of Pittsylvania, a political subdivision of the Commonwealth of Virginia, hereinafter called the County, recites and provides as follows: RECITALS 1. The owner is the owner of certain real estate, described below,hereinafter called the property; and 2. The County is the local governing body having real estate tax jurisdiction over the property; and 3. The County has determined: A. That it is in the public interest that the property should be provided or preserved for one or more of the following Open-Space uses: (indicate one or more) Park or recreational purposes; Conservation of land; Conservation of other natural resource; other use which serves the public interest by the preservation of open- space land as provided in the Land-Use Plan; and B. That the property meets the applicable criteria for real estate devoted to open space use as prescribed in Article 4 (§ 58.1-3230 et seq.) of Chapter 32 of Title 58.1 of the Code of Virginia, and the standards for classifying such real estate prescribed by the director of the Virginia Department of Conservation and Historic Resources; and C. That the provisions of this agreement meet the requirements and standards prescribed under § 58.1-3233 of the Code of Virginia for commitments by landowners not to change open-Space use to a non-qualifying use; and 4. The owner is willing to make a written commitment to preserve and protect the open space uses of the property during the term of this agreement in order for the property to be taxed on the basis of a use assessment and the owner has submitted an application for such taxation to the Commissioner of the Revenue of the County pursuant to § 58.1-3234 of the Code of Virginia and County Code 6-12.1-9 of the Pittsylvania County Code to provide for the special assessment of agricultural, horticultural, forest and open space; and 5. The County is willing to extend the tax for the property on the basis of a use assessment commencing with the next succeeding tax year and continuing for the term of this agreement, in consideration of the owner's commitment to preserve and protect the open-space uses of the property, and on the condition that the owner's 7.l.a Packet Pg. 57 Attachment: Open Space Land Use Renewal Contract - Cedars Country Club (3356 : Open Space Land Use Renewal Contract Renewal Approval application is satisfactory and that all other requirements of Article 4, Chapter 32, Title 58.1 of the Code of Virginia and County Code 6-12 of the Pittsylvania County Code to provide for the special assessment of agricultural, horticultural, forest and open space are complied with. NOW, Therefore, in consideration of the recital and the mutual benefits, covenants and terms herein contained the parties hereby covenant and agree as follows: 1. This agreement shall apply to all of the following described real estate: 2418-44-0824; 2418-34-8438; 2418-35-3385 2. The owner agrees that during the term of this agreement: A) There shall be no change in the use or uses of the property that exists as of the date of this agreement to any use that would not qualify as an open space use. B) There shall be no display of billboards, signs or other advertisements on the property, except to (i) state solely the name of the owner and the address of the property; (ii) advertise the sale or lease of the property; (iii) advertise the sale of goods or services produced pursuant to the permitted use of the property; or(iv)provide warnings. No sign shall exceed four feet by four feet. C) There shall be no construction,placement or maintenance of any structure on the property unless such structure is either: i) On the property as of the date of this agreement; or ii)Related to and compatible with the open-space uses of the property which this agreement is intended to protect or provide for. D) There shall be no accumulations of trash, garbage, ashes, waste,junk, abandoned property or other unsightly or offensive material on this property. E) There shall be no filling, excavating, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or other materials which alters the topography of the property, except as required in the construction of permissible buildings, structures and features under this agreement. 7.l.a Packet Pg. 58 Attachment: Open Space Land Use Renewal Contract - Cedars Country Club (3356 : Open Space Land Use Renewal Contract Renewal Approval F) There shall be no construction or placement of fences, screens, hedges, walls or other similar barriers which materially obstruct the public's view of scenic areas of the property. G) There shall be no cutting of trees other than selective cutting and salvage of dead or dying trees anywhere on the property. However,the property owner may remove vegetation which constitutes a safety, a health or an ecological hazard. H) There shall be no alteration or manipulation of natural water courses, shores, marshes, swamps, wetlands or other water bodies,nor any activities or uses which adversely affect water quality, level or flow. I) On areas of the property that are being provided or preserved for conservation of land, floodways or other natural resources, or that are to be left in a relatively natural or undeveloped state, there shall be no operation of dune buggies, all-terrain vehicles, motorcycles, motorbikes, snowmobiles or other motor vehicles, except to the extent necessary to inspect,protect or preserve the area. Properties which are to be provided or preserved for natural areas are to be left in undeveloped state. J) There shall be no industrial or commercial activities conducted on the property; or activities that are conducted in a residence or an associated outbuilding such as a garage, smokehouse, small shop or similar structure which is permitted on the property. K) There shall be no separation or split-off of lots, pieces or parcels from the property. The property may be sold or transferred during the term of this agreement only as the same entire parcel that is the subject of this agreement; provided, however, that the owner may grant to a public body or bodies open-space conservation or historic preservation easements which apply to all or part of the property. 3. This agreement shall be effective upon acceptance by the County and with all proper recordation fees paid by the applicant;provided, however, that the real estate tax for the property shall not be extended on the basis of its use value until the next succeeding tax year following timely application of the owner for use assessment and taxation in accordance with the Pittsylvania County Code. Thereafter, this agreement shall remain in effect for a term of six consecutive years. 4. Nothing contained herein shall be construed as giving to the public a right to enter upon or to use the property or any portion thereof, except as the owner may otherwise allow, consistent with the provisions of this agreement. 7.l.a Packet Pg. 59 Attachment: Open Space Land Use Renewal Contract - Cedars Country Club (3356 : Open Space Land Use Renewal Contract Renewal Approval 5. The Commissioner of the Revenue, or his designee, shall have the right at all reasonable times to enter the property to determine whether the owner is complying with the provisions of the agreement. 6. Nothing in this agreement shall be construed to create in the public or any member thereof a right to maintain a suit for any damages against the owner for any violation of this agreement. 7. Nothing in the agreement shall be construed to permit the owner to conduct any activity or to build or maintain any improvement which is otherwise prohibited by law. 8. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, the remainder of the agreement shall not be affected hereby. 9. The provisions of this agreement shall run with the land and be binding upon the parties, their successors, assigns,personal representatives,and heirs. 10. Words of one gender used herein shall include the other gender, and words in the singular shall include words in the plural, whenever the sense requires. 11. This agreement may be terminated by either party. 12. Upon termination of this agreement,the property shall thereafter be assessed and taxed at its fair market value, regardless of its actual use, unless the County determines otherwise in accordance with applicable law. 13. NOTICE: At such time that the Open-Space Use or uses by which the property qualified for assessment and taxation on the basis of use changes to a nonqualifying use or uses, or when the zoning for the property changes to a more intensive use at the request of the owner, the property, or such portion of the property which no longer qualifies, shall be subject to roll-back taxes in accordance with &58.1-3237 of the Code of Virginia. The owner shall be subject to all of the obligations and liabilities of said code section. 14. This agreement is subject to an annual revalidation, of which the Commissioner of Revenue for Pittsylvania County will provide the proper documentation on which to attest their review and acceptance of all properties listed thereon. 7.l.a Packet Pg. 60 Attachment: Open Space Land Use Renewal Contract - Cedars Country Club (3356 : Open Space Land Use Renewal Contract Renewal Approval 15. This agreement shall begin on JANUARY 1 2023 , and expire on DECEMBER 31 2028 • Seal) Seal) C ' .! . a ( ."AAVvl 3 CL44 7" Seal) ror / ' l o( s) Mid' Sworn to and subscribed be ore me on this Rttfi l dayoflq'USfi in the year 09,9, ct;REGoR r/p IDir `` Q MY COMMIS,SIOIV : - laCtigNAOW Notary j v?. My commissioner expires on O ' I a,oR0 F `••p I t AlTH 0 BY County Administrator Official Designee of the Pittsylvania County Board of Supervisors Pittsylvania County, Virginia Comments 7.l.a Packet Pg. 61 Attachment: Open Space Land Use Renewal Contract - Cedars Country Club (3356 : Open Space Land Use Renewal Contract Renewal Approval Open-Space Use Application Addendum Property owner(s): CEDARS COUNTRY CLUB INC 1029 ANDERSON MILL RD CHATHAM, VA 24531 Parcel ID Number: 2418-44-0824; 2418-34-8438; 2418-35-3385 Open Space Use: (check one or more) 1.Park or Recreational purposes 2:Conservation of Land 3.Conservation of other natural resource 4.other use which serves the public interest by the preservation of open space land Detail Description of the use: Date: f—/(A - z ZZ Final acceptance in Land use program is subject to Board of Supervisors approval of Open Space Agreement. Upon approval,fee will be due and payable to Treasurer of Pittsylvania County. 7.l.a Packet Pg. 62 Attachment: Open Space Land Use Renewal Contract - Cedars Country Club (3356 : Open Space Land Use Renewal Contract Renewal Approval Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 20, 2022 Item Number: 8.a Attachment(s): Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the September Consent Agenda or at previous Meetings. 8.a Packet Pg. 63 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: September 20, 2022 Item Number: 8.b Attachment(s): Reviewed By: Dr. Mark Jones, Pittsylvania County Schools Superintendent, or his designee, will provide the Board a County School's 1% Sales Tax Referendum Campaign Committee update. 8.b Packet Pg. 64 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Dr. Jerry Wallace Introduction (DCC President); (Contact: Board of Supervisors) Staff Contact(s): Board of Supervisors Agenda Date: September 20, 2022 Item Number: 8.c Attachment(s): DCC Presentation Reviewed By: Dr. Jerry Wallace, Danville Community College (“DCC”) President, will introduce himself to the Board and provide DCC updates that pertain to Pittsylvania County. 8.c Packet Pg. 65 New Danville Community College President •Dr. Jerry Wallace Bio •DCC Update (First 60 Days) •Cybersecurity Workforce Training •PCTC Collaboration/Program Expansion •Aviation Maintenance •Averett University Partnership 8.c.a Packet Pg. 66 Attachment: DCC Presentation (3349 : Dr. Jerry Wallace Introduction (DCC President); THANK YOU Jerry.wallace@danville.edu 8.c.a Packet Pg. 67 Attachment: DCC Presentation (3349 : Dr. Jerry Wallace Introduction (DCC President); Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-026; Charles Thomas; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with opposition, that the Petitioner's request be granted. (Supervisor Ingram) Staff Contact(s): Emily S. Ragsdale Agenda Date: September 20, 2022 Item Number: 10.A.1 Attachment(s): R-22-026 Charles Thomas App R-22-026 Charles Thomas Map Reviewed By: SUMMARY: In Case R-22-026, Charles Thomas (“Petitioner”) has petitioned to rezone 13.4 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a Class B Home Occupation). The subject property is located on State Road 722/Oakwood Drive, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1368-28-8195. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 2, 2022, the Planning Commission recommended, by an 8-0 vote, with 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-22-026 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-026, I make a Motion to approve the rezoning of 13.4 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a Class B Home Occupation.” 10.A.1 Packet Pg. 68 10.A.1.a Packet Pg. 69 Attachment: R-22-026 Charles Thomas App (3342 : Public Hearing: Case R-22-026; Charles Thomas) 10.A.1.a Packet Pg. 70 Attachment: R-22-026 Charles Thomas App (3342 : Public Hearing: Case R-22-026; Charles Thomas) 10.A.1.a Packet Pg. 71 Attachment: R-22-026 Charles Thomas App (3342 : Public Hearing: Case R-22-026; Charles Thomas) 10.A.1.a Packet Pg. 72 Attachment: R-22-026 Charles Thomas App (3342 : Public Hearing: Case R-22-026; Charles Thomas) 10.A.1.a Packet Pg. 73 Attachment: R-22-026 Charles Thomas App (3342 : Public Hearing: Case R-22-026; Charles Thomas) 10.A.1.a Packet Pg. 74 Attachment: R-22-026 Charles Thomas App (3342 : Public Hearing: Case R-22-026; Charles Thomas) 10.A.1.a Packet Pg. 75 Attachment: R-22-026 Charles Thomas App (3342 : Public Hearing: Case R-22-026; Charles Thomas) 10.A.1.b Packet Pg. 76 Attachment: R-22-026 Charles Thomas Map (3342 : Public Hearing: Case R-22-026; Charles Thomas) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-027; Ceasar Investment, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to RPD, Residential Planned Unit Development District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be denied (Supervisor Barksdale) Staff Contact(s): Emily S, Ragsdale Agenda Date: September 20, 2022 Item Number: 10.A.2 Attachment(s): R-22-027 Ceasar Inv App RE Rezoning case R-22-027 R-22-027 Ceasar Inv Map R-22-027 Ceasar Inv Concept Reviewed By: SUMMARY: In Case R-22-027, Ceasar Investments, LLC (“Petitioner”) has petitioned to rezone 11.21 acres from R-1, Residential Suburban Subdivision District, to RPD, Residential Planned Unit Development District (to allow for multiple dwellings to be constructed on the property). The subject property is located on State Road 792/Millstream Drive, in the Banister Election District, and shown on the Tax Maps as GPIN # 2530-49-4191. Once the property is rezoned to RPD, all uses listed under Pittsylvania County Code § 35-294 are permitted. On August 2, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be denied. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends denial of Case R-22-027. The subject property is not adjacent to any other properties currently zoned RPD, Residential Planned Unit Development District, and while the rezoning would be consistent with the Comprehensive Plan, County Staff can not recommend approval, unless VDOT feels that an appropriate entrance can be installed to accommodate the increased traffic. At this time, VDOT does not feel that an appropriate entrance can be installed as required. MOTION: 10.A.2 Packet Pg. 77 “In Case R-22-027, I make a Motion to deny the rezoning of 11.21 acres from R-1, Residential Suburban Subdivision District, to RPD, Residential Planned Unit Development District, due to the inability at this location to meet VDOT’s entrance requirement for this type of development.” 10.A.2 Packet Pg. 78 10.A.2.a Packet Pg. 79 Attachment: R-22-027 Ceasar Inv App (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.a Packet Pg. 80 Attachment: R-22-027 Ceasar Inv App (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.a Packet Pg. 81 Attachment: R-22-027 Ceasar Inv App (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.a Packet Pg. 82 Attachment: R-22-027 Ceasar Inv App (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.a Packet Pg. 83 Attachment: R-22-027 Ceasar Inv App (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.a Packet Pg. 84 Attachment: R-22-027 Ceasar Inv App (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.a Packet Pg. 85 Attachment: R-22-027 Ceasar Inv App (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 1 Emily Ragsdale From:Robin S. Vaughan Sent:Friday, July 29, 2022 12:58 PM To:'Craddock, Joseph' Cc:Emily Ragsdale Subject:RE: Rezoning case R-22-027 Thank you so much Jay. Have a great weekend. Robin S. Vaughan Senior Administrative Assistant Community Development Tel. (434) 432-7755 | Fax. (434) 432-7919 53 North Main Street P.O. Drawer D Chatham, VA 24531 Robin.Vaughan@pittgov.org www.pittsylvaniacountyva.gov Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e-mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox, sent items, and deleted items. Thank you. From:Craddock, Joseph <joseph.craddock@vdot.virginia.gov> Sent:Friday, July 29, 2022 12:00 PM To:Robin S. Vaughan <Robin.Vaughan@pittgov.org> Subject:Re: Rezoning case R-22-027 10.A.2.b Packet Pg. 86 Attachment: RE Rezoning case R-22-027 (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 2 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Robin, From the concept plan provided, it appears that the intent is to utilize the existing driveway that serves the house at 641 Millstream Drive. Therefore, after adding 5 additional housing units, the total number of dwellings using the driveway would be 6. This means that the entrance would need to meet the requirements for a moderate volume commercial entrance. A field review of the existing entrance determined that it does not have adequate sight distance for a moderate volume commercial entrance as required in the VDOT Access Management Regulations. Please let me know if you have any questions or need any additional information. Also, please feel free to give my contact information to the applicant if she would like to discuss possible alternatives. Thanks, Jay Craddock Assistant Resident Engineer -Land Use / Halifax Residency Virginia Department of Transportation 434-433-3142 Joseph.Craddock@vdot.virginia.gov On Wed, Jul 27, 2022 at 4:21 PM Robin S. Vaughan <Robin.Vaughan@pittgov.org> wrote: I have attached documentation for rezoning case R-22-027 for Ceasar Investments, LLC. This is being rezoned from R-1, Residential Suburban Subdivision District to RPD-Residential Planned Unit Development District. Please let us know your thoughts on this case. Thank you, Robin 10.A.2.b Packet Pg. 87 Attachment: RE Rezoning case R-22-027 (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 3 Robin S. Vaughan Senior Administrative Assistant Community Development Tel. (434) 432-7755 | Fax. (434) 432-7919 53 North Main Street P.O. Drawer D Chatham, VA 24531 Robin.Vaughan@pittgov.org www.pittsylvaniacountyva.gov Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e-mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7700,and by reply email, and delete this email and any attachments to it from your inbox, sent items, and deleted items. Thank you. -- Jay Craddock Assistant Resident Engineer -Land Use / Halifax Residency Virginia Department of Transportation 434-433-3142 Joseph.Craddock@vdot.virginia.gov To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 10.A.2.b Packet Pg. 88 Attachment: RE Rezoning case R-22-027 (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.c Packet Pg. 89 Attachment: R-22-027 Ceasar Inv Map (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) 10.A.2.d Packet Pg. 90 Attachment: R-22-027 Ceasar Inv Concept (3343 : Public Hearing: Case R-22-027; Ceasar Investment, LLC) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: 2023 County Budget Amendments Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 20, 2022 Item Number: 10.B.1 Attachment(s): 2023 Budget Public Hearing with attachment Reviewed By: SUMMARY: Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of the County Budget Amendments, attached, appeared in the Chatham Star Tribune on August 31, 2022, which satisfies the seven (7)-day legal notice requirement. FINANCIAL IMPACT AND FUNDING SOURCE: The County needs to make several Budget Amendments to the FY 2023 County Budget. A Budget Synopsis is attached showing both revenues and expenditures for the $15,887,689.98, along with a detailed spreadsheet outlining the specific uses of these funds. These items were also discussed at today’s Finance Committee Meeting. RECOMMENDATION: County Staff recommends the Board approve an appropriation of $15,887,689.98, following tonight’s legally required Public Hearing. MOTION: “I make a Motion to approve an appropriation of $15,887,689.98, as presented tonight.” 10.B.1 Packet Pg. 91 PUBLIC HEARING NOTICE Pursuant to §15.2-2507, Code of Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, September 20, 2022, at 7:00 p.m., in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia, 24531, to receive citizen input on the proposed FY2023 Budget Amendments. Public hearing documents are available for public inspection Monday-Friday, 8 am – 5 pm, in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, and on the County’s website, www.pittsylvaniacountyva.gov. Proposed Budget Amendments 2022-2023 REVENUES Current Budgeted Revenues $226,369,162.12 Unassigned Fund Balance (Includes Carryovers) 8,569,876.88 General Fund Revenues 17,136.38 School Carryover 6,252,236.68 Grants Fund Revenue 18,905.87 Pet Center Fund Revenue 25,000.00 Capital Improvements Revenue 253,925.62 Economic Development Gants 598,569.90 Solid Waste Fund Revenues 136,175.65 Delinquent Fines Revenues 15,863.00 Proposed Amended Revenues $242,256,852.10 EXPENDITURES Current Budgeted Expenditures $226,369,162.12 General Fund Operating Budget 8,587,013.26 School Operating Budget 6,252,236.68 Grants Fund Expense 18,905.87 Pet Center Fund Expense 25,000.00 Capital Improvements Projects 253,925.62 Economic Development Incentives 598,569.90 Solid Waste Capital Expense 136,175.65 Delinquent Fines-State Share 15,863.00 Proposed Amended Expenditures $242,256,852.10 10.B.1.a Packet Pg. 92 Attachment: 2023 Budget Public Hearing with attachment (3346 : Public Hearing: 2023 County Budget Amendments Approval (Staff Contact: Department Amount Reason for Addition Line Item Description Account Number Recommended Amount COUNTY AMENDMENTS County Administration 7,000.00 Carryover funds requested to cover strategic management training Training & Education 100-4-012100-5540 7,000.00 Reassessment 137,165.18 Carryover funds requested to cover the reassessment services Consultants-Appraisers 100-4-012320-3160 137,165.18 Independent Audit 10,500.00 Carryover funds requested to cover increased audit fees for the coming year Consultant-Auditor 100-4-012240-3120 10,500.00 Electoral Bd/Registrar- General Fund Side 153,925.62 Carryover funds requested to cover ADA updates to the ETC building Transfers to Other Funds 100-4-091200-9104 153,925.62 Information Technology 30,000.00 Carryover of funds to cover the cost of a new vehicle Capital Outlay-Vehicle 100-4-012510-8105 30,000.00 Information Management 19,656.00 Carryover of funds to cover unexpected cost of new IPADS for the Board and additional costs associated with billing software IM-Software IM-IPADS 100-4-012515-5841 100-4-012515-6003 4.056.00 15,600.00 Clerk of Court 20,489.67 Carryover of Clerk's Office Contribution for Office Supplies Office Supplies 100-4-021600-6001 20,489.67 Commonwealth's Attorney- General Fund Side 15,000.00 Carryover of funds from the CA's Budget to fund a local portion of the Victim Witness Grant and cover the vacation and sick payout for retiring coordinator Transfer to Grants Fund 100-4-091200-9103 15,000.00 Sheriff 1,010.00 Carryover of Donations for Halloween Halloween-Contributions 100-4-031200-5878 1,010.00 Sheriff 2.17 Carryover of Donations for Project Lifesaver Expenses Project Lifesaver Expenses 100-4-031200-5882 2.17 Sheriff 15,487.75 Carryover of Donations for the Dare Program DARE Supplies 100-4-031200-6002 15,487.75 Pittsylvania County FY 2023 Budget Amendments 10.B.1.a Packet Pg. 93 Attachment: 2023 Budget Public Hearing with attachment (3346 : Public Hearing: 2023 County Budget Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2023 Budget Amendments Sheriff 19,442.89 Budget Balance Carryover Police Supplies 100-4-031200-6010 19,442.89 Sheriff 309,563.00 Comp Bd Vacancy Savings Overtime 100-4-031200-1200 309,563.00 Public Safety 174,500.00 Carryover of unspent General Budget Funds for the purpose of increasing per EMS call from $15 to $25 and to fund the requested increase to the Fire/Rescue Agency Matrix for FY2023 PS-EMS Supplement PS-Volunteer Contributions 100-4-032200-5664 100-4-032200-5661 77 500.00 97,000.00 FEMA-100-3-000000-180303 17,136.38 FEMA funds received to cover the FY2021 Icestorm Damage PS-Natural Dis/Emergency Resp 100-4-032200-5670 17,136.38 Public Safety 10,220.38 Carryover FEMA funds to cover expenses incurred during Natural Disasters PS-Natural Dis/Emergency Resp 100-4-032200-5670 10,220.38 Public Safety 99,261.22 Carryover - 640 Rescue Remaining Balance 640 Rescue-Various 100-4-032214 99,261.22 J&D Court Services Unit 68,318.27 Carryover to cover the cost of FY22 W.W. Moore Detention Charges, the increased detention cost for FY2023 as well as the local match for the VJCCCA Grant Detention Charges 100-4-033300-3180 100-4-091200-9103 64,412.40 3,905.87 Animal Control 1,470.00 Carryover for the payment of Dangerous Dog Fees Dangerous Dog Fees 100-4-035100-5899 1,470.00 Parks & Recreation 32,155.54 Carryover requested from unused Umpire Fees and Field maintenance to cover increased costs in the coming year and to request a part-time attendant to monitor weekend events at the Community Center PR-Part-time Salaries PR- FICA PR-Umpire Fees PR-Field Maintenance 100-4-071100-1300 100-4-071100-2100 100-4-071100-5697 100-4-071100-6006 15,600.00 1,194.00 7,800.00 7,561.54 School Carryver-General Fund Side 6,252,236.68 School Carryovers Transfers to Other Funds 100-4-091200-9102 6,252,236.68 10.B.1.a Packet Pg. 94 Attachment: 2023 Budget Public Hearing with attachment (3346 : Public Hearing: 2023 County Budget Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2023 Budget Amendments Library-General Fund Side 100,000.00 Carryover of Unspent General Fund Budget Funds for the Purpose of Funding the Gretna Library Landscaping Project Transfers to Other Funds 100-4-091200-9104 100,000.00 Community & Industrial Development (Community Donations)28,000.00 Carryover to cover the FY22 Contribution to Pittsylvania County Soil and Water Conservation District Soil and Water Conservation District 100-4-081200-5644 28,000.00 Community & Industrial Development (Community Donations)25,000.00 Carryover to cover the FY22 Contribution to Danville- Pittsylvania Chamber of Commerce for new business awards Danville-Pittsylvania Chamber of Commerce 100-4-081200-5645 25,000.00 Community Development 143,637.00 Carryover of unspent funds for removing dilapidated structures/Funds to Cover a part- time front desk clerk/Funds to purchase 2 vehicles CD-Part-time Salaries CD-FICA CD-Capital Outlay-Vehicle CD-Dilapidated Structure Removal 100-4-081400-1300 100-4-081400-2100 100-4-081400-8105 100-4-081400-8142 18,148.00 1,389.00 64,100.00 60,000.00 VPI Extension 2,039.40 Carryover to cover the increased cost of rent at the ODAC for VPI Extension Office Rent 100-4-083000-5420 2,039.40 Non-Departmental-COLA Salary Increases 562,214.48 Carryover of unspent funds to be used for County COLA/Merit Increases for FY2023 ND-COLA/Salary Increase 100-4-091200-1999 562,214.48 Non-Departmental-BCBS Co. Share 100,000.00 Carryover of unspent funds to be used for County Health Insurance Increases for FY2023 ND-BCBS Co. Share 100-4-091200-2300 100,000.00 Non-Departmental-Wellness Program 207,843.63 Carryover of unspent funds for County-wide wellness initiatives ND-Wellness Program Expense 100-4-091200-31152 207,843.63 State Collection of Court Fines for FY2022 15,863.00 Carryover of court fine monies collected that must be remitted back to the State Transfers to Other Funds 100-4-091200-9100 15,863.00 10.B.1.a Packet Pg. 95 Attachment: 2023 Budget Public Hearing with attachment (3346 : Public Hearing: 2023 County Budget Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2023 Budget Amendments Debt & Interest Services-County 7,875.00 Carryover of unspent paying agent fees to be used to offset these fees for FY2023 Paying Agent Fee 100-4-095100-3164 7,875.00 TOTAL GENERAL FUND 8,587,013.26 8,587,013.26 SCHOOL AMENDMENTS Operations Carryover- Heating/Diesel Fuel 1,061,500.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 1,061,500.00 Project Graduation 49,466.08 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 49,466.08 PBIS Grant 6,610.95 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 6,610.95 PBIS/VTSS Grant 2,442.66 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 2,442.66 Replacement Vehicles (2 SUV's, 2 Trucks, 4 Vans)228,103.90 State Funds-Remained Unspent at 6/30 School Operating Fund 205 228,103.90 PCTC Grant-IDA Share 18,392.34 Local Funds-Remained Unspent at 6/30 School Operating Fund 205 18,392.34 Danville Regional Foundation- Stem Academy 56,868.41 Local Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 56,868.41 Virginia Preschool Program 579,598.42 State Funds-Remained Unspent at 6/30 School Operating Fund 205 579,598.42 PALS Tutors 279,766.38 State Funds-Remained Unspent at 6/30 School Operating Fund 205 279,766.38 Textbooks 965,475.44 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 965,475.44 Drainfield & Wastewater Expansion-KES 250,000.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 250,000.00 HS Ballfield Lighting Project 312,316.70 State Funds-Remained Unspent at 6/30 School Operating Fund 205 312,316.70 Roof-PCTC 1,636,200.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 1,636,200.00 Maintenance Warehouse Purchase/Repairs 180,916.50 FY2020 Carryover-Unspent at 6/30 School Operating Fund 205 180,916.50 On-going Contracted Maintenance Projects 283,455.88 State Funds-Remained Unspent at 6/30 School Operating Fund 205 283,455.88 On-going Vocational Projects 252,406.24 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 252,406.24 On-going IT Projects 88,716.78 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 88,716.78 TOTAL SCHOOL CARRYOVER 6,252,236.68 TOTAL SCHOOL CARRYOVER 6,252,236.68 TOTAL SCHOOLS 6,252,236.68 6,252,236.68 10.B.1.a Packet Pg. 96 Attachment: 2023 Budget Public Hearing with attachment (3346 : Public Hearing: 2023 County Budget Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2023 Budget Amendments GRANTS FUND Commonwealth's Attorney- Grant Side 15,000.00 Carryover of funds from the CA's Budget to cover the local portion of the Victim Witness Grant and cover the vacation and sick payout for retiring coordinator Victim Witness Grant-Federal (70%) Victim Witness Grant-State (30%) Transfer from General Fund 250-4-021900-Various (70%) 250-4-091201-Various (30%) 10,500.00 4,500.00 J&D Court Services Unit-Grant Side 3,905.87 Carryover funds needed to pay local match of VJCCCA Grant Transfer from General Fund 250-4-021910-5830 3,905.87 TOTAL-GRANTS FUND 18,905.87 18,905.87 PET CENTER FUND Donation 25,000.00 Donation made to the Pet Center. The total doantion was $100K. One quarter of this amount is being requested to be used for spays/nueters Pet Center-Vet Exp-Spay/Nueter 245-4-035200-5849 25,000.00 TOTAL-PET CENTER FUND 25,000.00 25,000.00 CAPITAL IMPROVEMENTS FUND (CIP) Library-CIP Side 100,000.00 Carryover of General Fund Budget Funds for the Purpose of Funding the Gretna Library Landscaping Project Gretna Landscaping Project 310-4-094150-819190 100,000.00 ETC Building Improvements-CIP Side 153,925.62 Carryover funds requested to cover ADA updates to the ETC building B&G Improvements 310-4-094130-8158 153,925.62 TOTAL-CIP FUND 253,925.62 253,925.62 10.B.1.a Packet Pg. 97 Attachment: 2023 Budget Public Hearing with attachment (3346 : Public Hearing: 2023 County Budget Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2023 Budget Amendments ECONOMIC DEVELOPMENT FUND (CYCLICAL) Tobacco Revitalization Opportunity Fund 79,569.90 Funds received from the Tobacco Commission's Opportunity Fund for PATHS, Inc.Industrial Prospects 330-4-081500-8223 79,569.90 Tobacco Revitalization Opportunity Fund 19,000.00 Funds received from the Tobacco Commission's Opportunity Fund for Eastern Panel Manufacturing Industrial Prospects 330-4-081500-8223 19,000.00 AFID Performance Grant 500,000.00 Funds received from the AFID Performance Grant for Tyson Farms Industrial Prospects 330-4-081500-8223 500,000.00 TOTAL-ECNOMIC DEV FUND 598,569.90 598,569.90 SOLID WASTE FUND VACORP Insurance Check 136,175.65 VACORP insurance claim Landfill Equipment/Trucks 520-4-094110-8125 136,175.65 TOTAL-SOLID WASTE FUND 136,175.65 136,175.65 COMMONWEALTH OF VA - CURRENT CREDIT FUND State Collection of Court Fines for FY2022 714-3-000000-410503 15,863.00 Carryover of court fine monies collected that must be remitted back to the State Treasurer's Checks-Refunds 714-4-092000-5839 15,863.00 TOTAL-COMMONWEALTH OF VA-CUR CREDIT FUND 15,863.00 15,863.00 GRAND TOTAL - ALL FUNDS 15,887,689.98 15,887,689.98 10.B.1.a Packet Pg. 98 Attachment: 2023 Budget Public Hearing with attachment (3346 : Public Hearing: 2023 County Budget Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Hurt Partners Landfill Amended Tipping Fee Waiver Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: September 20, 2022 Item Number: 12.a Attachment(s): Reviewed By: SUMMARY: Due to intense prospect interest at the Southern Virginia Multimodal Park (“SVMP”) in Hurt, Virginia, Hurt Partners, LLC, the property owners, 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 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. At the June Business Meeting, as a Consent Agenda item, the Board previously agreed to waive County Landfill Tipping Fees for Hurt Partners’ cleanup, with an estimated revenue value of $82,000. Hurt Partners is now seeking an additional waiver of related County Landfill Tipping Fees. 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 additional future Landfill Tipping Fees with an estimated revenue value of $164,000 (total, includes the previously waived County Landfill Tipping Fees of $72,325.64). RECOMMENDATION: County Economic Development Staff recommends the Board approve the Landfill Tipping Fee Waiver for Hurt Partners that is associated with the cleanup of non-hazardous construction debris at the SVMP. MOTION: County Staff submits this matter to the Board for its review and consideration. 12.a Packet Pg. 99 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Petition for Writ of Special Election Filing Approval (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: September 20, 2022 Item Number: 12.b Attachment(s): Reviewed By: SUMMARY: Virginia Code § 24.2-226 requires a governing body, within fifteen (15) days of the occurrence of a vacancy on the governing body, to petition the Circuit Court for its jurisdiction to issue a Writ of Special Election to fill the vacancy. Said Special Election is required to be held no later than the next General Election in November, unless the vacancy occurs within ninety (90) days of the next such General Election, in which event it shall be held promptly, but no later than the second such General Election. As the Board’s Banister Electoral District vacancy occurred on September 13, 2022, which is within ninety (90) days of November 8, 2022, the date of the next General Election, the Special Election cannot occur at that time and must occur on or before November 7, 2023, the date of the second such General Election. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown currently. RECOMMENDATION: County Staff recommends the Board authorize the County Attorney to petition the Pittsylvania County Circuit Court to issue a Writ of Special Election for a Special Election to be held on November 7, 2023, to fill the Board’s Banister Electoral District vacancy. MOTION: “I make a Motion to authorize the County Attorney to petition the Pittsylvania County Circuit Court to issue a Writ of Special Election for a Special Election to be held on November 7, 2023, to fill the Board’s Banister Electoral District vacancy.” 12.b Packet Pg. 100