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11-15-2022 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, November 15, 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. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 October Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Virginia Code 2.2-3712(B) Public Announcement Approval (Staff Contact: Kaylyn M. McCluster) d. Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2022-11-01 (Honoring Joe Mantiply) Adoption (Staff Contact: Kaylyn M. McCluster) f. Resolution # 2022-11-02 (Honoring Coy E. Harville) Adoption (Contact: Chairman Ingram) g. Resolution # 2022-11-03 (Honoring Bachelor’s Hall Fire and Rescue Department’s 60 Years of Service) Adoption (Contact: Chairman Ingram) h. Third Town of Chatham/County Master Water and Sewer Agreement Extension Approval Ratification (Staff Contact: Chris D. Adcock) Business Meeting - November 15, 2022 i. Public Works Utility Easement Right-of-Way Clearing/Maintenance Agreement Approval (Staff Contact: Chris D. Adcock) j. Procurement Policy Revisions Approval (Staff Contact: Connie M. Gibson) 8. PRESENTATIONS a. General Presentations (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-22-032: Timothy and Deborah Dinoto; 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 Scearce) Case 2: Public Hearing: Case R-22-029: J Cubas Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 5-3 vote, with opposition, that the Petitioner's request be granted. (Supervisor Scearce) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale) Business Meeting - November 15, 2022 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: Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 15, 2022 Item Number: 7.a Attachment(s): 10-12-2022 Called Meeting - DRAFT 10-18-2022 Joint Meeting - Planning and BZA 10-18-2022 Work Session - DRAFT 10-18-2022 Business Meeting - DRAFT 10-25-2022 Called Meeting - DRAFT Reviewed By: SUMMARY: For the Board’s review and consideration, attached are the following Board Meeting Minutes: (1) 10/12/2022 (Called Meeting); (2) 10/18/2022 (Joint Meeting); (3) 10/18/2022 (Work Session); (4) 10/18/2022 (Business Meeting);and (5) 10/25/2022 (Called Meeting). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt the Board Meeting Minutes as attached and presented. MOTION: “I make a Motion to adopt the Board Meeting Minutes as attached and presented.” 7.a Packet Pg. 4 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CALLED MEETING October 12, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Called Meeting was held on October 12, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (5:00 PM) Ingram called the Meeting to Order at 5:00 PM. ROLL CALL The following Members were present Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 4:25 PM Tim Chesher Supervisor - Dan River District Present 4:47 PM Darrell Dalton Supervisor - Callands-Gretna District Present 4:39 PM Timothy W. Dudley Supervisor - Staunton River District Present 4:53 PM Ronald S. Scearce Supervisor - Westover District Present 4:42 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 4:51 PM APPROVAL OF AGENDA Motion to approve Agenda. RESULT: DEFEATED [3 TO 3] MOVER: Chesher SECONDER: Dalton AYES: Ingram, Chesher, Dalton NAYS: Dudley, Scearce, Warren Motion to amend the Agenda to remove the Hearing of the Citizens section. RESULT: DEFEATED [3 TO 3] MOVER: Dudley SECONDER: Warren AYES: Dudley, Scearce, Warren NAYS: Ingram, Chesher, Dalton Motion to send item to the Judge for appointment. RESULT: DEFEATED [3 TO 3] MOVER: Warren SECONDER: Dudley AYES: Dudley, Scearce, Warren NAYS: Ingram, Chesher, Dalton 7.a.a Packet Pg. 5 Attachment: 10-12-2022 Called Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 12, 2022 Called Meeting ADJOURNMENT Due to no approval of the Agenda, Ingram adjourned the Meeting at 5:22 PM. 7.a.a Packet Pg. 6 Attachment: 10-12-2022 Called Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS JOINT MEETING WITH PLANNING COMMISSION AND BOARD OF ZONING APPEALS October 18, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Joint Meeting was held on October 18, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (2:00 PM) Ingram called the Meeting to Order at 2:00 PM. ROLL CALL The following Members were present Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 1:45 PM Tim Chesher Supervisor - Dan River District Absent 1:30 PM Darrell Dalton Supervisor - Callands-Gretna District Present 1:30 PM Timothy W. Dudley Supervisor - Staunton River District Present 1:46 PM Ronald S. Scearce Supervisor - Westover District Present 1:57 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 1:52 PM The following Planning Commission Members were present: H.F. Haymore Nathan Harker Gary Oakes Colette Henderson Richard Waters The following Board of Zoning Appeals Members were present: Ann Deering Joseph Craddock Ronald Merricks Ryland Brumfield APPROVAL OF AGENDA Motion to approve Agenda. 7.a.b Packet Pg. 7 Attachment: 10-18-2022 Joint Meeting - Planning and BZA (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Joint Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Warren AYES: Ingram, Dalton, Dudley, Scearce, Warren ABSENT: Chesher PRESENTATIONS a. Zoning Ordinance Update Presentation Caroline Vanterve, Planner with The Berkley Group, reviewed the County’s Zoning Ordinance Update with the Board, Planning Commission, and the Board of Zoning Appeals. Her presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. ADJOURNMENT Ingram adjourned the Meeting at 2:38 PM. 7.a.b Packet Pg. 8 Attachment: 10-18-2022 Joint Meeting - Planning and BZA (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION October 18, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on October 18, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (3:00 PM) Ingram called the Meeting to Order at 3:00 PM. ROLL CALL The following Members were present Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 2:50 PM Tim Chesher Supervisor - Dan River District Present 2:54 PM Darrell Dalton Supervisor - Callands-Gretna District Present 2:45 PM Timothy W. Dudley Supervisor - Staunton River District Present 2:51 PM Ronald S. Scearce Supervisor - Westover District Present 2:49 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 2:52 PM AGENDA ITEMS TO BE ADDED Motion to remove items 5(a) and 6(a) from the Agenda due to unforeseen circumstances where Presenters cannot be in attendance. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren ITEMS REMOVED FROM AGENDA a. Lindsey Hodges (VDOT) Introduction (Presenter: Jay Craddock); (10 minutes) b. Sheriff's Department Grants Discussion (Contact: Sheriff Taylor); (10 minutes) PRESENTATIONS a. DPCS Funding Request (Presenter: Jim Bebeau); (10 minutes) 7.a.c Packet Pg. 9 Attachment: 10-18-2022 Work Session - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Work Session Jim Bebeau, Danville-Pittsylvania Community Services (“DPCS”) Director, presented the Board a funding request to expand the DPCS crisis services provided to County and City residents. Van Der Hyde stated that during the County’s Budget process this year, funds were allocated for the drug court in Danville. After the County Budget was adopted, County Staff learned that DPCS will be able to fund those costs for year one (1); therefore, there is $65,000 of those funds that will not be utilized this year, and since this is a one (1)-time only purchase, this can be done by a one (1)-time donation. The remaining amounts may be able to come from the Opioid Settlement money. Motion to send this item to the full Board for approval, and to move the $65,000 that Van Der Hyde defined, and if possible, use $35,000 from the Opioid Settlement funds. However, if $35,000 must be pulled from another source due to the Opioid Settlement not working out, that once the Opioid is completed, that $35,000 will be placed back into the category that the funds were pulled from so the General Fund is left whole. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Ingram AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren b. Partnership for Regional Prosperity Revision Discussion (Presenter: Beth Doughty); (10 minutes) Beth Doughty, Partnership for Regional Prosperity (“PRP”) Senior Fellow, presented recommended revisions to the PRP’s Council’s composition, which currently consists of seven (7) Members, as previously approved by the Board. Said revisions will include the addition of the County’s Superintendent of Schools and the Danville Superintendent of Public Schools as Council members. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 3:29 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Chesher SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren a. 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) 7.a.c Packet Pg. 10 Attachment: 10-18-2022 Work Session - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Work Session Subject Matter: Unannounced Prospective Businesses/Industries Purpose: General Economic Development Projects Update b. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Potential Landfill Solid Waste Contract; Potential Solar Ordinance Revisions Purpose: Legal Consultation/Legal Advice Regarding the Same c. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Contact: Kimball Payne; The Berkley Group) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: Review of County Administrator Applicants Purpose: Discussion of Next Steps RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:01 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 October 18, 2022, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Timothy W. Chesher Yes Darrell W. Dalton Yes Timothy W. Dudley Yes Ronald S. Scearce Yes 7.a.c Packet Pg. 11 Attachment: 10-18-2022 Work Session - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Work Session Robert (“Bob”) W. Warren Yes William V. (“Vic”) Ingram Yes ADJOURNMENT Ingram adjourned the Meeting at 6:04 PM. 7.a.c Packet Pg. 12 Attachment: 10-18-2022 Work Session - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING October 18, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held on October 18, 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 6:10 PM Tim Chesher Supervisor - Dan River District Present 6:14 PM Darrell Dalton Supervisor - Callands-Gretna District Present 6:08 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:13 PM Ronald S. Scearce Supervisor - Westover District Present 6:09 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:11 PM AGENDA ITEMS TO BE ADDED Motion to make the following revisions to the Agenda: • Remove item 10(a); Rezoning Case 4 at the request of the applicant; • Add DPCS Funding to the Agenda under Matters from Work Session as item 13(a); and • Add Solar Ordinance Revisions under Matters from Work Session as item 13(b). RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. 7.a.d Packet Pg. 13 Attachment: 10-18-2022 Business Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 September Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Resolution # 2022-10-01 (PRP Composition Revision) Adoption (Staff Contact: Kaylyn M. McCluster) d. Martinsville Southern Connector Route Funding Support Letter Submission Approval (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2022-10-02 (Honoring Timothy Peters) Adoption (Staff Contact: Kaylyn M. McCluster) f. Hurricane Ian Storm Debris County Landfill Tipping Fees Waiver Approval Ratification (Staff Contact: Christopher C. Slemp) g. SR RIFA MOA Agreement (Stormwater Management) Approval (Staff Contact: Matthew D. Rowe) h. Purchase of Service Weapon Approval (Investigator Marvin Pickeral Retirement); (Contact: Sheriff Taylor) ITEMS REMOVED FROM AGENDA i. Public Hearing: Case R-22-029: J Cubas Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 5-3 vote, with opposition, that the Petitioner's request be granted. (Supervisor Scearce) PRESENTATIONS a. General Presentations (Board of Supervisors) Local native, Timothy Peters (“Peters”), an American professional stock car racing driver, is retiring after thirty-four (34) years of racing. He was present and accepted a Resolution honoring his racing career. b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) Dr. Jones thanked the Board for their support of the 1% Sales Tax Referendum. Linda Green also spoke and encouraged all to please look at surrounding Counties that have already passed this and stated this is the County’s chance to give back to our students. The Governor of Arkansas spent an entire day inside County schools and went back home to try and mimic what 7.a.d Packet Pg. 14 Attachment: 10-18-2022 Business Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Business Meeting County schools are doing here. The County’s children are important, and this is the County’s chance to give back. HEARING OF THE CITIZENS Rev. Joan Tarpley-Robinson, Banister District, spoke in support of Kell Stone's application to serve as the Interim Banister District Representative on the Board. Kathy Ramsey, Banister District, shared her desire to serve as the Interim Banister District Representative on the Board. Laverne Carr, Banister District, spoke in support of Robert Tucker's application to serve as the Interim Banister District Representative. Anita Royston, Banister District, spoke in support of Kell Stone for the Interim Banister District Representative. Vanessa Scearce, Westover District, thanked the Board for serving and stated that each was elected to govern the County. She requested the Board take time to read and understand the laws to prevent another Meeting like what happened last week. She encouraged all Board Members to set aside time for serious self-reflection, and to govern by the law, but not to play politics. Jim Scearce, Westover District, shared his opposition regarding the potential RV Resort in the Vandola Community. He urged all Supervisors to vote this rezoning case down. He also spoke on Ingram’s resignation on the DSS Board. Roy Ford, Westover District, shared his opinion regarding the citizens being unable to speak at last week's Meeting. Irvin Moss, Westover District, a lifelong resident of the Vandola Community and the County, stated he lives in a quiet, peaceful, God-fearing community, and he feels they have come under attack. He stated that his community is based on family and this potential RV park brings nothing to the area. He also has concerns regarding Fire and EMS, water and sewer, and stated this is just not right for their community. Kell Stone, Banister District, shared his desire to serve as the Interim Banister District Representative on the Board. Willie Fitzgerald, Banister District, spoke in support of Kell Stone for the Interim Banister District Representative, and he also stated his concern for not being able to speak at last week's Meeting. Vivian Jefferson, Westover District, shared her opposition for the proposed RV park in the Vandola Community. She stated she's spoken with numerous people and none of them shared 7.a.d Packet Pg. 15 Attachment: 10-18-2022 Business Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Business Meeting that they wanted the RV park in their area. Calvin Motley, Banister District, spoke in support of Robert Tucker as the Interim Banister District Representative on the Board. He stated that Tucker is a man of integrity and feels that he is one among many, as he is a respected and qualified applicant to serve the Banister District. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-22-028: Carroll Dinkle; 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 Dudley) In Case R-22-028, Carroll Dinkle (“Petitioner”) has petitioned to rezone 16.08 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). The subject property is located on State Road 638/Roark Mill Road in the Staunton River Election District and shown on the Tax Maps as GPIN # 2544-55-5718. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 6, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:08 PM. No one signed up to speak and Ingram closed the Public Hearing at 8:09 PM. Motion to approve the rezoning of 16.08 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren Case 2: Public Hearing: Case R-22-030: Randell and Tammy Rich; 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-22-030, Randell and Tammy Ritch (“Petitioners”) have petitioned to rezone 10.0 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 878/Stony Mill School Road in the Tunstall Election District and shown on the Tax Maps as GPIN # 1369-81- 0495. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35- 178 are permitted. On September 6, 2022, the Planning Commission recommended, by an 8-0 7.a.d Packet Pg. 16 Attachment: 10-18-2022 Business Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Business Meeting vote, with no opposition, that the Petitioners’ request be granted. Ingram opened the Public Hearing at 8:10 PM. Randell Rich was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:11 PM. Motion to approve the rezoning of 10.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a Class B Home Occupation. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren Case 3: Public Hearing: Case R-22-031: City of Danville, Virginia; 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 Ingram) In Case R-22-031, the City of Danville, Virginia (“Petitioner”), has petitioned to rezone three (3) parcels, totaling 6.05 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). The subject property is located on State Road 708/Long Circle in the Tunstall Election District and shown on the Tax Maps as GPIN #s 1358-36-9839, 1358-46-0966, and 1358-46- 2848. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35- 178 are permitted. On September 6, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:12 PM. No one signed up to speak and Ingram closed the Public Hearing at 8:13 PM. Motion to approve the rezoning of 6.05 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren MATTERS FROM WORK SESSION (IF ANY) a. DPCS Funding Motion to approve the DPCS funding as requested by Bebeau and as presented in the Work 7.a.d Packet Pg. 17 Attachment: 10-18-2022 Business Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Business Meeting Session. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren b. Solar Ordinance Revisions Ragsdale stated County Community Development Staff is requesting permission to take before the Planning Commission additional Solar regulations that would further restrict Solar development in the County. Motion to direct County Staff to take the proposed Solar revisions to the Planning Commission. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren BOARD MEMBER REPORTS Chesher thanked everyone for coming out to the Meeting. He also stated he is grateful for the opportunity to speak and the many other freedoms that we have. He also thanked the Board for their work throughout the day. Dudley thanked everyone for coming out and stated that their voice matters. He thanked County Staff for the hard work they do to make the meetings run smooth. Warren stated his support for the Schools’ 1% Sales Tax Referendum and that it is estimated that thirty percent (30%) of the revenue comes from those outside of the County. He stated that he would always stand up for the right to speak, but he will always stand up for the law and for protocol. He also wanted to clear up some information that was put on social media regarding Hunt’s pay as the Interim County Administrator. He also stated that the Motion and approval of Hunt's Interim pay was approved by the whole Board. Scearce thanked everyone who come out to speak and stated that he pays close attention to what the citizens say to make informed decisions. Dalton thanked everyone for coming out, and he also mentioned Rodney Brumfield's passing and asked everyone to keep his family in continued thoughts and prayers. Ingram stated there was a Meeting held October 5, 2022, which was boycotted, and he 7.a.d Packet Pg. 18 Attachment: 10-18-2022 Business Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 18, 2022 Business Meeting apologized to those who showed up last week to speak and were denied that right. He stated Jimmy Rich was hit and killed by a distracted driver not long ago and there is a walk this Saturday in his memory. Rachel Merricks just turned 91 years old, and she was the original Tunstall High School Lunch Lady. Ingram stated he received a card from Anne Moore-Sparks with the Chamber, thanking the Board for their $25,000 contribution to the RevUp Program. He also mentioned that Mackenzie Scott recently donated $13M to the area through the Danville Regional Foundation which will help this area tremendously. He also spoke on Timothy Peters’ retirement and that he has made the County proud. Ingram echoed sentiments about Rodney Brumfield and apologized to Hunt for his salary mistake. COUNTY ADMINISTRATOR REPORTS Hunt echoed sentiments about Brumfield and asked for continued prayers for his family. He also thanked everyone for coming out to the Meeting. ADJOURNMENT Ingram adjourned the Meeting at 8:29 PM. 7.a.d Packet Pg. 19 Attachment: 10-18-2022 Business Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CALLED MEETING October 25, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Called Meeting was held on October 25, 2022, in the Main Conference Room of the County Administration Building, 1 Center Street, Chatham, Virginia 24531. CALL TO ORDER (5:00 PM) Ingram called the Meeting to Order at 5:00 PM. ROLL CALL The following Members were present. All six (6) Interim Banister Appointee Applicants were present and conducted individual interviews with the Board. Attendee Name Title Status William V. ("Vic") Ingram Chairman - Tunstall District Present Tim Chesher Supervisor - Dan River District Present Darrell Dalton Supervisor - Callands-Gretna District Present Timothy W. Dudley Supervisor - Staunton River District Present Ronald S. Scearce Supervisor - Westover District Present Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present APPROVAL OF AGENDA Motion to amend Agenda to follow the procedures that were done by the County School Board earlier this year when they had to replace a Board Member. I move to ban all recording devices from the Board’s Closed Meeting. I further move to allow the six (6) Interim Banister Appointee Applicants ten (10) minutes to give their introductory comments to the Board individually, one (1) Applicant present in the Closed Session at a time, with no questions being allowed by the Board Members. There were multiple comments from Board Members before taking the vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 5:17 PM. 7.a.e Packet Pg. 20 Attachment: 10-25-2022 Called Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 25, 2022 Called Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren a. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Contact: Board of Supervisors) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: Banister Board of Supervisor Representative Purpose: Potential Review/Discussion/Interviews of Applicants for Same RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION The Board returned to Open Session at 7:06 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”) Called Meeting on October 25, 2022, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Timothy W. Chesher Yes Darrell W. Dalton Yes Timothy W. Dudley Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes William V. (“Vic”) Ingram Yes ACTION FROM CLOSED SESSION (IF ANY) Motion to instruct the County Attorney/Interim County Administrator to request the Circuit Court Judge to make the Interim Banister District Representative appointment to the Board. 7.a.e Packet Pg. 21 Attachment: 10-25-2022 Called Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 25, 2022 Called Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Warren ADJOURNMENT Ingram adjourned the Meeting at 7:08 PM. 7.a.e Packet Pg. 22 Attachment: 10-25-2022 Called Meeting - DRAFT (3426 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County's 2022 October Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: November 15, 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 October Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=464007&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2022 October Bill List as presented. MOTION: “I make a Motion to approve the County’s 2022 October Bill List as presented.” 7.b Packet Pg. 23 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Virginia Code 2.2-3712(B) Public Announcement Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 15, 2022 Item Number: 7.c Attachment(s): Reviewed By: SUMMARY: Virginia Code § 2.2-3712(B), states that the following: “The notice provisions of this chapter shall not apply to closed meetings of any public body held solely for the purpose of interviewing candidates for the position of chief administrative officer. Prior to any such closed meeting for the purpose of interviewing candidates, the public body shall announce in an open meeting that such closed meeting shall be held at a disclosed or undisclosed location within 15 days thereafter.” FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff is requesting the Board make an official announcement that, as authorized by Virginia Code § 2.2-3712(B), it will be conducting County Administrator interviews in a Closed Meeting within the next fifteen (15) days at an undisclosed location. MOTION: “I make a Motion to officially announce, as authorized by Virginia Code § 2.2-3712(B), it the Board will be conducting County Administrator interviews in a Closed Meeting within the next fifteen (15) days at an undisclosed location.” 7.c Packet Pg. 24 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 15, 2022 Item Number: 7.d Attachment(s): Sports Hall of Fame letters 2022 Reviewed By: SUMMARY: The Pittsylvania County Sports Hall of Fame 2022 Induction Ceremony will be held on Sunday, November 13, 2022, at 5:00 PM at Tuscarora Country Club. There will be nine (9) inductees from the County. For the Board’s review and consideration for submission, attached are related Congratulations letters, FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the submission of the attached Congratulations Letters for the 2022 Pittsylvania County Sports Hall of Fame Inductees. MOTION: “I make a Motion to approve the submission of the attached Congratulations Letters for the 2022 Pittsylvania County Sports Hall of Fame Inductees.” 7.d Packet Pg. 25 7.d.a Packet Pg. 26 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 27 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 28 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 29 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 30 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 31 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 32 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 33 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval 7.d.a Packet Pg. 34 Attachment: Sports Hall of Fame letters 2022 (3437 : Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-11-01 (Honoring Joe Mantiply) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 15, 2022 Item Number: 7.e Attachment(s): 2022-11-01 Joe Mantiply Reviewed By: SUMMARY: Local native, Joe Mantiply (“Mantiply”), is a baseball player for the Arizona Diamondbacks of Major League Baseball (“MLB”). His countless hours and years of dedication to the sport of baseball is commended, and the Board proclaims the day of July 19th as “Joe Mantiply Day” in the County in recognition of his baseball accomplishments. For the Board’s review and consideration, attached is Resolution # 2022-11-01 evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2022-11-01 honoring Mantiply and declaring July 19th as “Joe Mantiply Day” in the County. MOTION: “I make a Motion adopting attached Resolution # 2022-11-01 honoring Joe Mantiply and declaring July 19th as ‘Joe Mantiply Day’ in the County.” 7.e Packet Pg. 35 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-11-01 __________________________________________________________________ RESOLUTION HONORING JOE MANTIPLY VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, November 15, 2022, the following Resolution was presented and adopted: WHEREAS, local native, Joe Mantiply (“Mantiply”), is a professional baseball player for the Arizona Diamondbacks of Major League Baseball (“MLB”); and WHEREAS, Mantiply was born on March 1, 1991, in Danville, Virginia, and is the son of David and Trenace Mantiply. He has two (2) siblings, Sam and Molly, and Mantiply is now married to Dr. Ella Mantiply. They have two (2) daughters, Katherine and Emma; and WHEREAS, he graduated from Tunstall High School with various honors such as First Team All-State Pitcher in 2009, Piedmont District Player of the Year in 2008 and 2009, First Team All-Region IV Pitcher in 2008 and 2009, First Team All Piedmont District Pitcher in 2007, 2008, and 2009, with his high school career pitching record of 31-1, career strikeouts of 328, and career ERA of 0.97; and WHEREAS, Mantiply was drafted by the New York Mets in the 48th round of the 2009 MLB Draft from Tunstall High School. He did not sign with the Mets and attended Virginia Tech (“VT”) to play college baseball. In 2011, he played collegiate summer baseball with the Harwich Mariners of the Cape Cod Baseball League. After his junior season, he was drafted by the Philadelphia Phillies in the 28th round of the 2012 MLB Draft. He again did not sign and returned to VT for his senior season. While at VT, he went 20-16 with a 4.00 ERA and 227 strikeouts in 64 games (47 starts), over four (4) seasons from 2010 - 2013; and WHEREAS, after his senior season, Mantiply was drafted by the Detroit Tigers in the 27th round of the 2013 MLB Draft. He made his professional debut that season with the Connecticut Tigers. After starting his career as a starting pitcher, Mantiply became a relief pitcher in 2014. He started the season with the West Michigan Whitecaps and was later promoted to the Double-A Erie SeaWolves. Mantiply was called up and made his major league debut on September 3, 2016; and WHEREAS, on January 20, 2020, Mantiply signed a minor league deal with the Arizona Diamondbacks and on September 1, 2020, the Diamondbacks selected Mantiply's contract to the active roster. With the 2020 Arizona Diamondbacks, Mantiply appeared in four (4) games; and WHEREAS, for his 2022 season, he pitched in twenty-nine (29) games with an ERA of 0.34, threw twenty-six (26) 2/3 innings, giving up only one (1) run with one (1) walk and twenty- six (26) strikeouts; and 7.e.a Packet Pg. 36 Attachment: 2022-11-01 Joe Mantiply (3429 : Resolution # 2022-11-01 (Honoring Joe Mantiply) Adoption (Staff Contact: Kaylyn M. McCluster)) WHEREAS, on July 10, 2022, Mantiply’s dream became reality, and he was named to the National League All-Star Team as a reliever; and WHEREAS, on July 19, 2022, Mantiply made his MLB All-Star Game debut. He came out of the bullpen in the sixth (6th) inning for the National League and faced Kansas City Royals outfielder Andrew Benintendi, who grounded out to second on the first pitch he saw. Seattle Mariners rookie Julio Rodriguez stepped in, after putting on a show as the runner-up at the Home Run Derby on Monday. He chopped out to second on Mantiply’s fourth (4th) pitch, a sinker on the outer half of the plate. That brought up Boston Red Sox shortstop Xander Bogaerts, a four (4)- time All-Star. Mantiply struck him out swinging on a changeup that dropped below the zone to end the frame 1-2-3 on only nine (9) pitches. The three (3) batters swung at five (5) pitches and whiffed three (3) times, all on changeups; and WHEREAS, Mantiply was also inducted into the Pittsylvania County Sports Hall of Fame on November 13, 2022, where his accomplishments as an outstanding athlete at Tunstall High School and VT, as well as serving as a role model for young athletes in the County, will always be remembered; WHEREAS, his countless hours and years of dedication to the sport of baseball is commended. It is his provision of outstanding service and exemplary leadership as an athlete, as well as to the young citizens of the County, and his dedication to the success of sports that led to this well-deserved recognition; NOW, THEREFORE BE IT RESOLVED, that the Board does hereby proclaim the day of July 19th as “Joe Mantiply Day” in the County; and NOW, THEREFORE, BE IT FINALLY RESOLVED that the Board hereby expresses its admiration to Mantiply for his baseball accomplishments and wish him the best in all his future endeavors. Adopted this 15th day of November, 2022. __________________________________________ Robert W. Warren, Chatham-Blairs District Pittsylvania County Board of Supervisors __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ J. Vaden Hunt, Esq. (Clerk) Interim County Administrator/County Attorney 7.e.a Packet Pg. 37 Attachment: 2022-11-01 Joe Mantiply (3429 : Resolution # 2022-11-01 (Honoring Joe Mantiply) Adoption (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-11-02 (Honoring Coy E. Harville) Adoption (Contact: Chairman Ingram) Staff Contact(s): Chairman Warren Agenda Date: November 15, 2022 Item Number: 7.f Attachment(s): 2022-11-02 Coy E Harville Reviewed By: SUMMARY: Coy Emmett Harville (“Harville”), of Danville Virginia, died August 9, 2022. Harville was a faithful and loyal member of his community, and he enjoyed hunting, gardening, and farm life. The Board expresses its sincere regret and grief over Harville’s loss. The Board further expresses its condolences to Harville’s family for their great loss. For the Board’s review and potential adoption, Resolution # 2022-11-02, a Resolution honoring Harville, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2022-11-02 as presented. MOTION: “I make a Motion to adopt Resolution # 2022-11-02 as presented.” 7.f Packet Pg. 38 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-11-02 _____________________________________________________________________________ RESOLUTION HONORING COY E. HARVILLE VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, November 15, 2022, the following Resolution was presented and adopted: WHEREAS, Coy Emmett Harville (“Harville”) was born on July 19, 1943, in Danville, Virginia, and he was the son of the late James Washington Harville and Essie Eanes Harville; and WHEREAS, Harville attended Whitmell Farm Life High School and later proudly served in the U.S. Navy during the Vietnam War; and WHEREAS, Harville married the former Jean Daniel Scearce on June 10, 1989, and they lived on their beloved Riverbend Farm for thirty three (33) years; and WHEREAS, he was a member of West Main Baptist Church, where he served as a deacon; and WHEREAS, Harville also worked at Goodyear Tire & Rubber Co. for thirty two (32) years before he retired; and WHEREAS, he served on the Pittsylvania County Board of Supervisors for sixteen (16) years, serving as Chairman for six (6) years. He also held the position of Chairman for the Metropolitan Planning Organization (“MPO”), Danville-Pittsylvania Regional Industrial Authority (“RIFA”), and the Pittsylvania County Service Authority; and WHEREAS, Harville was also a member of the Pittsylvania County Planning Commission, Fire and Rescue Emergency Medical Service Advisory Committee, and a member of the Danville Life Saving Crew Board of Directors, where he was instrumental in establishing the Riverbend Volunteer Fire Department, where he volunteered for numerous years; and WHEREAS, he was a faithful and loyal member of his community and he enjoyed hunting, gardening, farm life, and, one of his greatest pleasures, was having people enjoy his park along the Dan River. NOW, THEREFORE, BE IT RESOLVED, as he was an honored and respected County citizen, that the Board expresses its sincere regret and grief over Harville’s loss; and BE IT FURTHER RESOLVED, that the Board expresses its condolences to Harville’s family for their great loss; and BE IT FINALLY RESOLVED, that the Board directs that a copy of this Resolution be given to Harville’s family. Adopted this 15th day of November, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ J. Vaden Hunt, Esq. (Clerk) Interim County Administrator/County Attorney 7.f.a Packet Pg. 39 Attachment: 2022-11-02 Coy E Harville (3430 : Resolution # 2022-11-02 (Honoring Coy E. Harville) Adoption (Contact: Chairman Ingram)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-11-03 (Honoring Bachelor’s Hall Fire and Rescue Department’s 60 Years of Service) Adoption (Contact: Chairman Ingram) Staff Contact(s): Chairman Ingram Agenda Date: November 15, 2022 Item Number: 7.g Attachment(s): 2022-11-03 Bachelors Hall 60 Years of Service Reviewed By: SUMMARY: Bachelors Hall Volunteer Fire and Rescue Department (“Bachelors Hall”) is celebrating sixty (60) years of dedicated service in providing Fire and EMS protection to the Bachelors Hall community, and the Board congratulates and thanks Bachelors Hall and its members for their invaluable service to County citizens. For the Board’s review and consideration, attached is Resolution # 2022-11-03 evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2022-11-03 congratulating Bachelors Hall on sixty (60) years of service as attached. MOTION: “I make a Motion to adopted attached Resolution # 2022-11-03 congratulating Bachelors Hall on sixty (60) years of service as attached.” 7.g Packet Pg. 40 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2022-11-03 _____________________________________________________________________________ RESOLUTION HONORING BACHELOR’S HALL FIRE AND RESCUE DEPARTMENT’S SIXTY (60) YEARS OF SERVICE VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, November 15, 2022, the following Resolution was presented and adopted: WHEREAS, the Bachelors Hall Volunteer Fire and Rescue Department (“Bachelors Hall”) is celebrating sixty (60) years of dedicated service in providing Fire and EMS protection to the Bachelors Hall community; and WHEREAS, Bachelors Hall was chartered and formed in 1963; and WHEREAS, the original location for Bachelors Hall was Route 863, Berry Hill Road; and WHEREAS, the first active Fire Chief was Charlie Merchant and the Fire Department had approximately twenty- three (23) active members; and WHEREAS, the Department’s first call was for a brush fire on Melvin Gray’s farm; and WHEREAS, on November 19, 2013, Bachelors Hall was officially recognized by the Board as a Medical Transport Agency within the County; thus; enabling it to further broaden its services to the citizens in the Bachelors Hall community; and WHEREAS, Bachelors Hall is presently located on 1301 Berry Hill Road, directly across from where the original station was; and WHEREAS, Bachelors Hall has twenty-two (22) dedicated members with Tim Cassell serving as Fire Chief; and BE IT HEREBY RESOLVED that the Board, on the behalf of County citizens, congratulates and thanks Bachelors Hall and its members for providing sixty (60) years of invaluable service to County citizens and the Board wishes Bachelors Hall and its members a safe and successful future providing protection to County citizens; and BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Bachelors Hall. Adopted this 15th day of November, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ J. Vaden Hunt, Esq. (Clerk) Interim County Administrator/County Attorney 7.g.a Packet Pg. 41 Attachment: 2022-11-03 Bachelors Hall 60 Years of Service (3449 : Resolution # 2022-11-03 (Honoring Bachelor’s Hall Fire and Rescue Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Third Town of Chatham/County Master Water and Sewer Agreement Extension Approval Ratification (Staff Contact: Chris D. Adcock) Staff Contact(s): Chris Adcock Agenda Date: November 15, 2022 Item Number: 7.h Attachment(s): 11-04-2022 3rd Town of Chatham County Master Water and Sewer Agreement Extension Reviewed By: SUMMARY: At the Board’s December 2021 Business Meeting, as a Consent Agenda item, the Board approved a six (6) month extension of the December 31, 1991, Water Agreement (the “Original Agreement”) between the Town of Chatham, Virginia, and the Pittsylvania County Service Authority, whose obligations were taken over by the County. That extension, known as the First Amendment to the December 31, 1991, Water Agreement, was set to expire on June 30, 2022, and was extended by the Board on June 21, 2022, with approval of the Second Amendment to the December 31, 1991, Water Agreement. The Town and County are still in the process of finalizing the renegotiation and consolidation of their Water and Sewer Agreements and desire additional time to complete this process. Accordingly, due to the impending expiration of the Second Amendment to the December 31, 1991, Water Agreement, County Staff executed the attached Third Amendment to the December 31, 1999, Water Agreement, and now seeks the Board to ratify the execution of the same. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Public Works Staff recommends the Board approve an additional three (3) month extension of the Original Agreement by ratification of the execution of the attached Third Amendment to the December 31, 1991, Water Agreement. MOTION: “I make a Motion to ratify the execution of the attached Third Amendment to the December 31, 1991, Water Agreement” 7.h Packet Pg. 42 7.h.a Packet Pg. 43 Attachment: 11-04-2022 3rd Town of Chatham County Master Water and Sewer Agreement Extension (3446 : Third Town of Chatham/County 7.h.a Packet Pg. 44 Attachment: 11-04-2022 3rd Town of Chatham County Master Water and Sewer Agreement Extension (3446 : Third Town of Chatham/County Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Works Utility Easement Right-of-Way Clearing/Maintenance Agreement Approval (Staff Contact: Chris D. Adcock) Staff Contact(s): Chris Adcock Agenda Date: November 15, 2022 Item Number: 7.i Attachment(s): Easement Clearing and Maintenance Contract Reviewed By: SUMMARY: County Public Works has over 185 miles of water and sewer lines. Some of these lines lie within easements that cross wooded areas and must be periodically cleared to provide good access for maintenance. County Staff advertised for proposals from qualified firms to provide the easement clearing service and to establish one (1) or more contracts through competitive negotiations. On October 17, 2022, the County received four (4) proposals, and each proposal was independently evaluated and scored by County Staff. The top-ranked firm was Rice ROW Solutions, Inc. (“Rice ROW”). Rice ROW has experience with Williams Gas, Columbia Gas, and Dominion Power. For the Board’s review and consideration, related Rice ROW contract documents are attached. FINANCIAL IMPACT AND FUNDING SOURCE: The County Public Works Department has included funding for right-of-way maintenance in its FY22 County Budget and will continue to include monies in each future County Budget. RECOMMENDATION: County Staff recommends the Board authorize the Interim County Administrator to execute the attached contract with Rice ROW for utility easement clearing and maintenance. MOTION: “I make a Motion authorizing the Interim County Administrator to execute the attached contract for utility easement clearing and maintenance with Rice ROW.” 7.i Packet Pg. 45 Page | 1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS INVITATION TO BID Utility Easement Clearing & Maintenance Services RFP: 20220927 September 27, 2022 CONTACTS CONNIE GIBSON, PURCHASING MANAGER connie.gibson@pittgov.org (434)-432-7744 CHRIS ADCOCK, PUBLIC WORKS DIRECTOR Chris.adcock@pittgov.org (434)-432-7136 7.i.a Packet Pg. 46 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 2 Utility Easement Clearing & Maintenance Services RFP# 20220927 GENERAL INSTRUCTIONS TO OFFERORS DUE DATE: Sealed Proposals will be received until October 17, 2022, no later than 2:00P.M.. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification. ADDRESS: One original and (3) copies and one electronic copy of the proposals should be mailed or hand delivered to: Pittsylvania County Purchasing Department Att: Connie Gibson 1 Center Street Chatham, VA 24531. All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed Proposal - RFP #20220927, “Utility Easement Clearing & Maintenance Services” Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and include the title of the individual signing on behalf of the offeror (see page 2). All expenses for making Proposals to Pittsylvania County shall be borne by the offeror. All Proposals shall be received by 2:00 P.M., October 17, 2022. Any proposal received after this time and date will not be considered. The offeror has the sole responsibility to have the proposal received by the Pittsylvania County Purchasing Department at the above address and by the above stated time and date. QUESTIONS: 1. All questions regarding this RFP must be made in writing. The written questions must be received by the County no later than 10:00 p.m., Wednesday, October 5, 2022. Questions may be emailed to Connie.gibson@pittgov.org. 2. All responses to questions will be posted on Pittsylvania County website: www.pittsylvaniacountyva.gov by October 6, 2022 by 2:00 p.m. The offeror has the sole responsibility to go to the website and receive the responses or by contacting Connie Gibson requesting they be emailed. The responses will be an addendum to the RFP. All such responses by the County shall become part of the RFP. Oral instructions do not become part of the proposal documents. Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to discrimination in employment or contracting. 7.i.a Packet Pg. 47 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 3 In Compliance with this Invitation for Bid, the named party hereby submits a bid in response to Pittsylvania County to furnish services described in this IFB. The entire bid, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the IFB, constitute the entire bid. The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this IFB, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this IFB is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address of Firm: ___________________________________________ Date: ________________________________ ___________________________________________ By: _________________________________ (Signature in Ink by Officer of the Corporation) ___________________________________________ Name: _________________________________ (Please Print) _________________________Zip Code___________ Title: _________________________________ Phone: (____) _______________________________ Fax: (_____) ____________________________ E-mail: _____________________________________ State of Incorporation: ___________________ State Corporation Commission #: __________ Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate and a list of officers Addendum No. ____________, dated____________ (Please note all addenda’s) (Return this Form) 7.i.a Packet Pg. 48 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 4 Purpose / Scope of Work The Pittsylvania County Department of Public Works (PCPW) is soliciting quotes from qualified and licensed contractors for utility easement clearing and maintenance. PCPW owns and maintains over 30 miles of combined water and sewer pipeline easements that must be maintained to keep the pipelines accessible. The condition of these easements with respect to vegetative cover varies. Easements typically are centered on and follow pipeline alignments with an average width of fifteen feet (15’). When width is unknown, the Contractor shall be guided by the uncut tree lines of adjacent areas. Easement clearing services shall include but are not limited to, mowing small brush and weeds, mulching/clearing of larger brush and tree saplings, occasional removal of fallen trees, and hand removal of larger trees adjacent to structures. All vegetation shall be cut to ground level. The County reserves the right to award a contract to multiple licensed contractors and will use a rotation method for distribution of the work if work is deemed satisfactory. Contractor’s Responsibilities / Requirements 1. Contractor shall provide all labor, equipment, materials, and supervision necessary for easement clearing as described herein. All necessary costs shall be included in the hourly rates quoted for the various services in the “Price Proposal – Attachment A”. 2. Safety - Contractor shall provide and require all safety equipment for personnel to perform the work. In accordance with generally accepted construction practices, and the requirements of OSHA, the Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons and property during the performance of the work. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. 3. Contractor shall contact the assigned representative of the County when on-site and when leaving a site. 4. Fallen Tree Removal - When fallen trees are encountered greater than six-inches (6”) in diameter or that cannot be mulched with mulching equipment, the Contractor shall cut trees in reasonable lengths (approx. 24 inches) and the logs placed along the edges of and just within the easement and stacked in low piles not exceeding approximately 24”. 5. When tree or vegetative debris is mulched or chipped, the mulch shall be evenly distributed on the ground within the easement. 6. Tree debris shall not be placed in streams, ditches, or natural drainage ways. 7. Trees or shrubs growing directly adjacent to a manhole or close enough to prevent removal without damaging the structure shall be cut down to ground level. 8. If mulching or clearing equipment creates ruts in the easement, they must be filled in and/or raked out upon completion of the operation (this particularly applies to easements in maintained yards or lawns). 9. Assigned tasks (sites) shall be completed within thirty (30) days of being assigned unless otherwise agreed upon by the Contractor and the County. 10. The County reserves the right to add like services and locations as needed. 11. The County will work with the Contractor on determining access points to particular areas identified for clearing and initial contact and coordination with the property owner. Any other access agreements made between the Contractor and the property owner shall be the Contractor’s sole responsibility. 12. Areas that are inaccessible by equipment shall be hand-cut and the cut materials moved to the sides of the easement. 7.i.a Packet Pg. 49 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 5 References Provide three (3) references for similar services performed within the past three (3) years on the enclosed “Attachment B”. Include the completed attachment with your proposal. Subcontractors Provide a list of subcontractors to be used, if any, on the enclosed “Attachment C”. Include the completed attachment with your proposal. Familiarity with Proposed Work It is the responsibility of the Contractor, by careful personal examination of these documents, inquiry conducted during the period for open questions, and any site visits that he may wish to conduct of the work area, to satisfy himself as to the location of the work, worksite conditions, and to the type and quantity of labor, materials, and equipment that will be required. The Contractor shall promptly notify PCPW of all conflicts, errors, ambiguities, inconsistencies, or discrepancies that the Contractor may have discovered in or between these documents and such other related documents or conditions. Failure to do so shall not relieve the Contractor of its obligation to perform as per the provisions of the resulting contract. The Contractor shall not at any time after the execution of the contract make any claims whatsoever alleging insufficient data or incorrectly assumed conditions, nor shall it claim any misunderstanding about the nature, conditions or character of the work or services to be provided under the contract. Pricing The Contractor shall provide hourly/unit rates for personnel and equipment necessary to complete the required clearing work as described herein. An estimate of the necessary equipment and personnel (labor) for an example site (task) shall be provided as described in the Price Proposal – Attachment A. This pricing information shall be used for comparison in the selection process but shall not be the sole selection criteria. The example shall also be used to evaluate a Contractor’s timeliness and efficiency (work progress) on a project once a task (site) has been assigned. (i.e. – is the amount of clearing being provided per crew time in line with what was initially proposed). During this contract, PCPW intends to assign task orders that will typically include a mile or more of easement clearing. Upon receipt of a task order, the contractor will review the work included therein and provide a quote. The Contractor’s quote must show a breakdown of the necessary equipment and personnel, the total number of hours required of each to clear the identified easement area times the hourly rate. Pricing must reflect the unit rates as provided in the Price Proposal – Attachment A. Initial rates provided and any subsequent renewal rates shall be guaranteed for each contract term (1 year). No rate increases will occur during each contract or renewal term (1 year). Any increase in rates for an annual renewal term shall be limited to the prior year’s increase in the Consumer Price Index (CPI) for the U.S. Department of Labor, Bureau of Labor Statistics, South Region, for the current twelve (12) month period, or three (3) percent, whichever is lower. Work Assignments / Task Orders The contract is intended to be open-ended with the potential to assign multiple projects over the course of the contract term. Actual quantities for individual project assignments will vary and may or may not be contiguous and may encompass any combination of scenarios the PCPW chooses. 7.i.a Packet Pg. 50 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 6 Completion dates for individual project assignments shall be negotiated between the PCPW and Contractor. PCPW does not guarantee the Contractor any set quantities of work. PCPW may terminate the contract if inferior work is performed by the Contractor and PCPW shall be the sole judge of whether work is inferior. The Owner, at its sole discretion, may grant an opportunity to remedy the situation but is not contractually obligated to do so. PROPOSAL REQUIREMENTS: a. The proposal will set forth full, accurate, and complete information as required by this section and other sections of this RFP. Any material misrepresentation in the proposal could result in rejection of the proposal, termination of any subsequent contract, or any other appropriate administrative and/or legal actions. b. Proposals should be prepared simply and economically, providing a straightforward, concise description of the firm’s capabilities for satisfying the requirements of the RFP. Emphasis should be on completeness and clarity of content. c. Complete proposals shall include the following: 1. Information as to the offeror's background and experience relative to the services being required (a simple introductory letter will be sufficient.) 2. Price Proposal – Attachment A. As indicated on this attachment, the offeror shall provide a cost breakdown of an example task listing the necessary personnel and equipment, and the time required to complete the task as described in the attachment. 3. Attachment B – References. Provide at least three references for similar services performed within the past three (3) years on the form provided. The references shall be individuals or companies who can be contacted for whom similar services have been provided. 4. Attachment C – Subcontractors. If using Subcontractors, this attachment shall be included. 5. Any other special experience and qualifications relative to this project desired to be included by the offeror keeping in mind conciseness is preferred. A. EVALUATION OF PROPOSALS: SELECTION FACTORS All proposals meeting the requirements of this RFP shall be reviewed and rated by a County evaluation committee according to the criteria listed below. The County expressly reserves the right to reject all proposals received. Furthermore, the County expressly reserves the right to reject any and all proposals, and to waive any of the terms, conditions, and provisions contained in the RFP. • Experience and qualifications of the company. (30 points) • Cost proposal (30 points) • References (30 points) • Expected Work Progress based on the work example (10 points) 7.i.a Packet Pg. 51 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 7 B. AWARD The award(s) shall be based on the Offeror(s)' ability to meet all RFP requirements and the right is reserved to make the award to other than the lowest priced Offeror when it is in the best interest of the County and consistent with the Virginia Procurement Act, the County’s and Owner’s Policies and Procedures and other applicable law. The provisions set forth herein are for contractual goods/services rendered to Pittsylvania County, Virginia and this solicitation is done under Virginia Code as a competitive negotiation for goods and/or nonprofessional services. Selection shall be made to an Offeror deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the Request for Proposal, including price. Negotiations shall then be conducted with each of the Offerors so selected. Price shall be considered but need not be the sole or primary determining factor. After negotiations, have been conducted with each Offeror so selected, the public body shall select the Offeror(s) which, in its opinion, has made the best proposal and provides the best values, and shall award the contract to that Offeror. Pittsylvania County reserves the right to award contracts to multiple offerors if determined to be in the best interest of the County. C. SPECIAL TERMS AND CONDITIONS 1. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available “subject to appropriation” by the Board of Supervisors for the purpose of this agreement, ref § 15.2 Chapter 25 Code of Virginia. 2. PRECEDENCE OF TERMS: The General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply. 3. AWARD NOTICES: Awards or Decision’s to Award shall be posted on the public posting board in Central Purchasing and on the Pittsylvania County’s website, www.pittsylvaniacountyva.org 4. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the County, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. 5. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for sixty (60) days. At the end of the sixty days, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled. 7.i.a Packet Pg. 52 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 8 6. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the County’s satisfaction at the contractor’s expense. 7. COOPERATIVE PURCHASE: If authorized by the Offeror, the contract resulting from this Request for Proposals may be extended to other public bodies, public agencies, or institutions within the State of Virginia to purchase at contract prices and terms. Any public entity that uses the contract shall place its own order(s) directly with the contractor(s). Pittsylvania County Board of Supervisors is not a party to such contracts and is not responsible for placement of orders, payment, or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the terms, conditions and prices to other public entities shall so indicate in the proposal. 8. ADDITIONAL SERVICES: In the event that the County requires additional services of a similar nature as those included in the scope of services in this solicitation, the Firm shall provide the County with a written estimate of the total costs to complete the work required. If the County determines that the estimated price is not fair and reasonable, it has the right to ask the Firm to reevaluate the estimate. If the revised estimate is determined to be not fair and reasonable, the County reserves the right to obtain additional quotes from other Firms. 9. RENEWAL OF CONTRACT: This contract may be renewed by the County for four (4) successive one-year periods under the terms and conditions of the original contract except as stated below. Price increases may be negotiated only at the time of renewal. Written notice of the County’s intention to renew shall be given approximately 30 days prior to the expiration date of each contract period If during any subsequent renewal periods, the County elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the Household Operations category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available. 7.i.a Packet Pg. 53 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 9 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PURCHASING DEPARTMENT GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS 1. Reservation of County Rights: The County reserves the right to accept or reject any or all bids, to waive any informality and to make an award to a party other than the low bidder, if deemed in the best interest of the County, subject to the provisions under the Virginia Public Procurement Act. The County does not discriminate against faith-based organizations. 2. Laws of the Commonwealth: Any purchase order/contract resulting from this bid process shall be governed; in all respects whether as to its validity, construction, capacity, performance or otherwise; by the laws of the Commonwealth. Successful bidders providing goods to the County herewith assure the County that they are conforming to the provisions of the Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act which provides: In every contract of over $10,000 the provisions in a. and b. below apply: a. During the performance of this contract, the contractor agrees as follows: i. Nondiscrimination Clause: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Equal Opportunity Employer: The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. b. Subcontractors: The contractor will include the provisions of the foregoing paragraphs i, ii, and iii in every subcontract or purchase order of over $10,000 so that 7.i.a Packet Pg. 54 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 10 the provisions will be binding upon each subcontractor vendor. c. Drug Free Workplace: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that such provision will be binding upon each subcontractor or vendor. 3. Tax Exemption: The County is exempt from State sales, and use taxes and will issue a Certificate of Exemption upon request. Deliveries against any items of this bid procedure shall be free from any excise or transportation taxes. Excise exemption registration NO. 54-600-1508 may be used when required or necessary on behalf of the County. 4. Modifications, Additions, or Changes: Modifications, additions, or changes to the terms and conditions of this invitation to bid may be cause for rejection of your bid. All bids shall be entered on the official bid forms, if provided. Bidders who attach or submit bids on their or any other forms may be considered unresponsive and may be rejected if an official bid form is provided. 5. Delivery Point: Except when otherwise specified herein, all items shall be F.O.B. delivered to any point within the County as directed by the Central Purchasing Department. 6. Transportation and Packaging: The authorized agent by signing this bid certifies and warrants that the bid price offered for F.O.B. destination, includes only the actual freight rate costs at the lowest and best rate and is based on the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be properly and legibly marked or labeled on the outside with the commodity description and number, size and quantity. 7.i.a Packet Pg. 55 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 11 7. Evaluation of Bid Documents: If any prospective bidder is in doubt as to the true meaning of any part of the specifications or other bid documents, the prospective bidders shall submit a written request, within the time frame provided, after receipt of the invitation to bid to the Central Purchasing Department. The Central Purchasing Department will have final authority to review any discrepancies or deficiencies in the specifications and then make the necessary interpretations or revisions. Interpretations or revisions shall be made official by the issuance of any necessary addendum and distributed to all potential bidders. The Central Purchasing Department will not be responsible for explanations or interpretations of the bid documents, except as issued in writing by the Purchasing Manager and/or County Administrator. 8. Default: In the case of default by the successful bidder or failure to deliver the goods or services ordered by the time specified, the Department of Central Purchasing, after due written notice may procure these goods or services from other sources and hold the defaulting vendor responsible for any excess cost occasioned thereby. 9. Anti-Collusion Certification: The authorized agent by signing this bid certifies and warrants that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment, or services, and is in all respects fair and without collusion or fraud. The signing agent understands collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The signing agent also agrees to abide by all conditions of this bid and certifies that he or she is duly authorized to sign this bid for the bidder represented herein. 10. Kickbacks: The signing agent certifies and warrants that neither he/she nor the bidder from whom he/she is authorized to act has offered or received any kickback from any other bidder, suppliers, manufacturer, or subcontractor in connection with his/her bid on this solicitation. A kickback is defined as an inducement for the award of a contract, subcontracts or order, in the form of any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchange. Further, no person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. 11. Gifts by Bidder, Offeror, Contractor, or Subcontractor: No bidder, offeror, contractor, or subcontractor shall confer on any any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. 12. Termination/Cancellation of Contract: 7.i.a Packet Pg. 56 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 12 Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the County until said work or services are completed and accepted. a. Termination for Convenience If this contract is terminated or cancelled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable. b. Termination for Cause Termination by the County for cause, default or negligence on the party of the appraiser or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination of Cause. c. Non-Appropriation Clause/Termination due to Unavailability of Funds in Succeeding Fiscal Years When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. 13. Quantities: Quantities set forth in this invitation are estimates only, and the successful bidder shall supply at bid prices actual quantities as ordered regardless of whether such total quantities are more or less than those shown. 14. Ordering: All orders from the County shall be issued by the Central Purchasing Department. A County purchase order number is required for the contract; yet partial order quantities and deliveries will be accepted upon request or as outlined in the Special Specifications, by the Central Purchasing Department. No other department or personnel other than those in the Central Purchasing Department of the County are qualified to issue purchase orders, make changes in orders, or accept delivery on orders under this contract without specific written authorization being received by the contractor from the Central Purchasing Department or as otherwise specified in the Special Specifications. 15. Invoices/Billing Process: Invoices for items ordered, delivered, and accepted by the Central Purchasing Department or authorized departments shall be submitted by the contractor directly to the Accounting Department, at the address shown on the purchase order. The purchase order number must be referenced on all invoices regardless of quantities delivered, backordered, etc. Any outstanding quantities not included in the billing or invoice should be shown on a separate 7.i.a Packet Pg. 57 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 13 statement specifically marked, as not being an invoice for payment yet is an accountability of items and cost outstanding. 16. Discounts: All bids will be evaluated and awarded on net prices. Cash discounts will not be considered in making awards. If cash discounts for prompt payment are offered, it must be clearly shown on the bid forms in the space provided. On monthly invoices any payment terms must be clearly marked. The County will attempt to take advantage of any such discounts provided our timetable allows us to do so. 17. Hold Harmless: The successful contractor assumes and agrees to indemnify, defend and hold harmless Pittsylvania County, Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, labor, goods, or equipment of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence on the part of the using agency or to the manner outlined by the contractor and description literature or specifications submitted with the contractor’s bid. 18. Warranty: The contractor shall provide warranty documents on any material, goods or equipment of any kind or nature provided by the contractor, his subcontractor or other agents. The warranty shall be in effect for the period of time specified. 19. Contractual Intent Upon successful award of this bid by the County, it is the County’s intent to have a written contract fully executed by all participating parties. This contract shall delineate the capacity, performances and considerations for all parties involved. The contents of the bid submitted by the successful bidder and the bid specifications shall become a part of any contract awarded as a result of these specifications. The successful vendor will be expected to sign a “Standard Contract for Services” with the County. Sample contracts may be submitted by either party at the time of the bid, however, the County reserves the right to use its uniform contract format over all samples submitted. 20. Insurance By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies that if awarded the contract, it will maintain all required Worker’s Compensation, Employer’s Liability, Commercial General Liability and Automobile Liability insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Copies of insurance certificates shall be submitted with all bids/proposals. 7.i.a Packet Pg. 58 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 14 21. Use of Name Brands Within These Specifications: The name of a certain brand, make, manufacturer, or definite specification is to denote the quality to the specific brand, make, manufacturer, or specification named; it is to set forth and convey to prospective bidders the general style, type, character and quality of article desired, and wherever in specifications or contract documents a particular brand, make of materials, device or equipment shall be regarded merely as a standard. Any other brand, make of material, device or equipment which is recognized the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be considered responsive to the specifications. 22. Access To Records: The County Administrator or his duly authorized agent, shall, until the expiration of three (3) years following the final payment on this Agreement, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of Lessor and Assignee involving transactions related to this Agreement. Lessor and Assignee shall have the reciprocal right, until the expiration of three (3) years following final payment on this Agreement, to have access to and examine and copy any directly pertinent books, documents, papers and records of the County Administrator in the event of litigation or arbitration involving this Agreement, rights of access, examination and copying hereunder granted to Lessor, Assignee, and Lessee shall continue until such claims have been finally disposed of. 7.i.a Packet Pg. 59 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 15 STATEMENT OF DISCLAIMER RE: ______________________________ (BID OR RFP #) This is to certify that no employee, official, or elected officer of the County of Pittsylvania has a proprietary interest in the company, corporation, partnership, or other organization, furnishing the goods and/or services, or stands to benefit personally from the furnishing of such goods or services as referenced above. FIRM: _________________________ BY: _________________________ TITLE: ________________________ CONTRACTOR ELIGIBILITY CERTIFICATION This is to certify that this person/firm/corporation has not been barred from bidding on contracts by any agency of the Commonwealth of Virginia, nor is this person/firm/corporation a part of any firm/corporation that has been barred from bidding on contracts by any agency of the Commonwealth of Virginia. ______________________________ Name of Official ______________________________ Title 7.i.a Packet Pg. 60 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 16 Attachment A – Price Proposal (include with proposal) Item Description Hourly Rate 1 Caged or Cab Tractors with Heavy-Duty Bushog (with operator) $____________ 2 Skid-Steers with Heavy-Duty Bushog or Mulching Head (with operator) $____________ 3 Bucket truck $____________ 4 Chipper $____________ 5 Debris Haul Truck $____________ 6 Clearing Crew Foreman1 $____________ 7 Clearing Crew Laborer1 $____________ 8 Job Mobilization (Lump Sum) $____________ 9 $____________ 10 $____________ 11 $____________ 12 $____________ 13 $____________ Notes: 1. Any hand tools or equipment shall be included in the hourly rate listed for labor. 2. List and provide an hourly rate for any additional equipment or special labor that may be necessary to complete the work described herein (attach additional sheets if necessary). Attachment A – Price Proposal Page 1 Page 1 7.i.a Packet Pg. 61 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 17 3. One mobilization fee will be paid per assigned task (location). If remobilization is required due to an unforeseen circumstance not caused by the contractor or as directed by PCPW then an additional mobilization fee will be considered. 4. When submitting invoices, partial hours shall be rounded up to the nearest half-hour (i.e. – 3.2 hours will be 3.5, etc.) Provide herein (below or attached) a typical crew and equipment listing and hourly breakdown for an example project consisting of one acre of 2-year-old growth as can be expected in the County area. One acre would be equivalent to a 20-foot wide x 2,100-foot long right-of-way. The breakdown shall list the number of workers and pieces of equipment (as estimated by the contractor) times the number of expected hours to complete the job times the hourly rates quoted above. This example will be used for proposal evaluation only and for evaluating a contractor’s timeliness (work progress) on a project once a task (site) has been assigned. Attachment A – Price Proposal Page 2 Page 1 7.i.a Packet Pg. 62 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 18 Attachment B – References Provide at least three references for similar services performed within the past three (3) years and include this form with your proposal. Client Name: ______________________________________________________________ Contact Name, phone and email: ______________________________________________ _________________________________________________________________________ Type of Work and Date Performed: ____________________________________________ ____________________________________________________________________ --------------------------- Client Name: ______________________________________________________________ Contact Name, phone and email: ______________________________________________ _________________________________________________________________________ Type of Work and Date Performed: ____________________________________________ ____________________________________________________________________ --------------------------- Client Name: ______________________________________________________________ Contact Name, phone and email: ______________________________________________ _________________________________________________________________________ Type of Work and Date Performed: ____________________________________________ ____________________________________________________________________ 7.i.a Packet Pg. 63 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Page | 19 Attachment C – Subcontractors If using Subcontractors, complete the section below and include this form with your proposal. Subcontractors Name License Number Contact Information 7.i.a Packet Pg. 64 Attachment: Easement Clearing and Maintenance (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Contract Number: 11152022 This contract entered into this 15th day of November, 2022 by Rice Row Solutions, LLC.; hereinafter called the “Contractor” and County of Pittsylvania called the “Purchasing Agency.” 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 20220927 and proposal received. Cost will be negotiated per task according to the price set forth in proposal and the extent of the work to be performed at each site. PERIOD OF PERFORMANCE: PERIOD OF PERFORMANCE: From: 11/15/22 through 11/14/23 with four (4) one- year renewals at the option of the County. The contract documents shall consist of: A. This signed form; B. The following portions of the Request for Proposals dated 9/27/22: (1) Scope of services, of the RFP (2) Pittsylvania County General Terms and Conditions (3) Pittsylvania County Special Terms and Condition C. The Provider’s Proposal dated 10/13/22 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. 7.i.b Packet Pg. 65 Attachment: Contract (3438 : Public Works Utility Easement Right-of-Way Clearing Agreement Approval (Staff Contact: Chris Adcock) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Procurement Policy Revisions Approval (Staff Contact: Connie M. Gibson) Staff Contact(s): Connie M. Gibson Agenda Date: November 15, 2022 Item Number: 7.j Attachment(s): Procurement Policy Addition - Purchases of Personal Items Reviewed By: SUMMARY: The County’s Purchasing Manager desires to revise the County’s Procurement Policy by adding, under Section J., Small Purchases, as “iv. Purchasing of Personal Items” to state the following: “Appropriated funds will not be used to furnish goods, such as food, beverages, eating utensils, cups, plates, or bowls (or other similar items) to be used in the kitchen area or breakroom of the Department. These costs are expected to be paid by the employee. The County Administrator can make exceptions, if the Department can justify its mission or the benefit accruing to the County, why these items should be covered with appropriated funds.” For the Board’s review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the revision to the County’s Procurement Policy as attached. MOTION: “I make a Motion to approve the revision to the County’s Procurement Policy as attached.” 7.j Packet Pg. 66 19 a. Contracts for architectural or engineering services; or b. Construction. This subdivision shall not be construed to prohibit sole source or emergency procurements awarded pursuant to subsections E and F of § 2.2-4303. Subdivision 2 shall not apply to (i) the installation of artificial turf and track surfaces, (ii) stream restoration, or (iii) stormwater management practices, including all associated and necessary construction and maintenance. J. Small Purchases. a. Purchases where the estimated total cost of the materials, equipment, supplies, shipping, insurance, construction, or service are not expected to exceed One Hundred Thousand Dollars ($100,000) may be awarded in accordance with procedures delineated in the most recently approved Purchasing Procedures/Regulations. Small purchase procedures shall include but are not limited to the following provisions: i. Purchases from nongovernmental sources where the estimated total cost of the goods or services are $10,000 or greater but less than $100,000 may be made after soliciting a minimum of three (3) written quotations. ii. Purchases from nongovernmental sources where the estimated total cost of the goods or services is $1,000 or greater but less than $10,000 may be made after soliciting a minimum of three (3) written or documented verbal or telephonic quotations. iii. Purchases where the estimated total cost of the goods or services is less than $1,000 may be made upon receipt of one (1) fair and reasonable price. iv. Purchase of used equipment, defined as equipment which has been previously owned and used where the estimated total cost is $5,000 or greater but less than $100,000, may be made after soliciting a minimum of two (2) written quotations; award shall be based on the offer deemed to be in the best interest of Pittsylvania County. Prior to the award of a contract for used equipment, a person technically knowledgeable of the type of equipment sought shall document the condition of the equipment stating that this purchase would be in the best interest of the County as part of the purchase documentation; price reasonableness shall be considered in determining award. 7.j.a Packet Pg. 67 Attachment: Procurement Policy Addition - Purchases of Personal Items (3439 : Procurement Policy Revisions Approval (Staff Contact: 20 v. Nothing in this section shall preclude requiring more stringent procedures for purchases made under the small purchase method. vi. Purchasing of Personal Items Appropriated funds will not be used to furnish goods, such as food, beverages, eating utensils, cups, plates or bowls to be used in the kitchen area or break room of the department. These costs are expected to be paid by the employee. County Administrator can make exceptions, if the department can justify its mission or the benefit accruing to the County, why these items should be covered with appropriated funds. K. Use of County Credit Cards for Small Purchases. Small purchase may be made with a County credit card, when necessary, if authorized by the Purchasing Manager. The County’s Credit Card Policy shall be adhered to. L. Exemptions and Exceptions. The County may not enter into contracts without competition, except those exemptions outlined in §§2.2-4344 and 2.2-4346, Virginia Code, 1950, as amended. The County may enter into contracts without competitive sealed bidding or competitive negotiation for insurance if purchased through an association of which Pittsylvania County is a member, if the association was formed and is maintained for the purpose of promoting the interest and welfare of, and developing close relationships with, similar public bodies, provided such association has procured the insurance by use of competitive principles and provided that a determination is made in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The writing shall document the basis for this determination. Exemptions to Competitive Procurement Requirements  Dues and Professional Licenses: Professional organization membership dues and fees to maintain professional licenses.  Honoraria/Entertainment: Payment for a service, such as authors, speakers, lecturers, musicians, and performing artists.  License Agreements: License agreements with the owner of the source code for existing software and/or manufacturer of sophisticated scientific equipment.  Perpetual Software Support: Competitively purchased software that requires annual support including upgrades to keep the product current, is considered both proprietary and perpetual, as support cannot be provided by anyone other than the source code or current 7.j.a Packet Pg. 68 Attachment: Procurement Policy Addition - Purchases of Personal Items (3439 : Procurement Policy Revisions Approval (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 15, 2022 Item Number: 8.a Attachment(s): Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the October Consent Agenda or at previous Meetings. 8.a Packet Pg. 69 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-032: Timothy and Deborah Dinoto; 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 Scearce) Staff Contact(s): Emily S. Ragsdale Agenda Date: November 15, 2022 Item Number: 10.A.1 Attachment(s): R-22-032 TimothyDinoto App R-22-032 Timothy Dinoto Map Reviewed By: SUMMARY: In Case R-22-032, Timothy and Deborah Dinoto (“Petitioners”) have petitioned to rezone two (2) parcels totaling 53.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a second dwelling). The subject property is located on State Road 311/Berry Hill Road, in the Westover Election District, and shown on the Tax Maps as GPIN #s 1387-07-2124 and 1377-96-6716. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On October 4, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-032 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-22-032, I make a Motion to approve the rezoning of 53.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a second dwelling to be placed on the property.” 10.A.1 Packet Pg. 70 10.A.1.a Packet Pg. 71 Attachment: R-22-032 TimothyDinoto App (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) 10.A.1.a Packet Pg. 72 Attachment: R-22-032 TimothyDinoto App (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) 10.A.1.a Packet Pg. 73 Attachment: R-22-032 TimothyDinoto App (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) 10.A.1.a Packet Pg. 74 Attachment: R-22-032 TimothyDinoto App (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) 10.A.1.a Packet Pg. 75 Attachment: R-22-032 TimothyDinoto App (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) 10.A.1.a Packet Pg. 76 Attachment: R-22-032 TimothyDinoto App (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) 10.A.1.a Packet Pg. 77 Attachment: R-22-032 TimothyDinoto App (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) 10.A.1.b Packet Pg. 78 Attachment: R-22-032 Timothy Dinoto Map (3444 : Public Hearing: Case R-22-032: Timothy and Deborah Dinoto) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-029: J Cubas Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 5-3 vote, with opposition, that the Petitioner's request be granted. (Supervisor Scearce) Staff Contact(s): Emily S. Ragsdale Agenda Date: November 15, 2022 Item Number: 10.A.2 Attachment(s): R-22-029 The Palace Resort App R-22-029 The Palace Resort Concept Reviewed By: SUMMARY: In Case R-22-029, J Cubas Holdings, LLC (“Petitioner”), has petitioned to rezone three (3) parcels, totaling 90.08 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a campground). The subject property is located on State Road 872/Vandola Church Road, in the Westover Election District, and shown on the Tax Maps as GPIN #s 1387-39-6322, 1387-29-6555, and 1388-30-6852. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 6, 2022, the Planning Commission recommended, by a 5-3 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-22-029 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-22-029, I make a Motion to approve the rezoning of 90.08 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow a Special Use Permit Application to be submitted for a campground.” 10.A.2 Packet Pg. 79 Comprehensive Plan Amendment, Atlas Amendment & Zoning Change Subject Property Parcel ID: 1387-39-6322, 1387-29-6555, 1388-390-6852 Pittsylvania County, Virginia Applicant J. Cubas Holdings, LLC Joe Cubas, Manager July 10th, 2022 10.A.2.a Packet Pg. 80 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 2 TABLE OF CONTENTS Pittsylvania County Application for Rezoning 4 Board of Supervisors of Pittsylvania County (Petition) 5 Adjacent Property Owners 6 Office of Community Development Affidavit 9 Contract Purchaser/Owner Sales Agreement 10 Background 13 Land Use Change 1. Concurrency 16 2. Consistency with the Pittsylvania County Code & Ordinances 17 3. Consistency with the Pittsylvania County Comprehensive Plan 29 4. Impacts on Affordable Housing 53 5. Compatibility With Adjacent Land Uses 53 6. Environmental 55 7. Transportation 56 8. Master Plan of Development 57 Letter of Intent 61 RV Industry Association of America (RVIA) 64 Exhibits Conceptual Site Plans A Existing Surveys B Pittsylvania County Map of Subject Property C Pittsylvania County Map of Subdivisions D Pittsylvania County Zoning Map E Pittsylvania County Future Land Use Map F Pittsylvania County Future Land Use Map F-1 Pittsylvania County Southern Future Land Use Map F-2 Density Comparison Chart G Pittsylvania County MPO Study Area Map H Pittsylvania County MPO/VDOT Urbanized Area I Pittsylvania County Economic Development Corridor Map J Pittsylvania County Growth Node Areas K Pittsylvania County Brosville Growth Node Map K-1 Pittsylvania County Southern Growth Node K-2 Pittsylvania County High Growth Areas Population Density (2000) L Pittsylvania County Map of Adjoining 68 Ac of A-1 Agriculture District M 10.A.2.a Packet Pg. 81 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 3 Pittsylvania County Flood Zone X Map N Pittsylvania County Waste Collection Map O Pittsylvania County Rezoning Applications Surrounding Subject Property P Pittsylvania County Special Use Applications Surrounding Subject Property Q RVIA Virginia Annual Economic Impact R RVIA Virginia Impact Analysis Report R-1 RVIA North Carolina Annual Economic Impact S RVIA North Carolina Impact Analysis Report S-1 RVIA May 2022 RV Wholesale Shipment Market Report T Functional Classified Road Network Map U City of Danville Utilities Existing Water & Sewer Map V 10.A.2.a Packet Pg. 82 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 4 10.A.2.a Packet Pg. 83 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 5 10.A.2.a Packet Pg. 84 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 6 10.A.2.a Packet Pg. 85 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 7 10.A.2.a Packet Pg. 86 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 8 10.A.2.a Packet Pg. 87 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 9 10.A.2.a Packet Pg. 88 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 10 10.A.2.a Packet Pg. 89 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 11 10.A.2.a Packet Pg. 90 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 12 10.A.2.a Packet Pg. 91 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 13 BACKGROUND On May 10th, 2022, J. Cubas Holdings, LLC, a Florida Limited Liability Corporation, entered into a Commercial Purchase Agreement, attached herein, with a Virginia resident to purchase the subject property for the purposes of developing a high-end, luxury RV Resort to compliment the new Caesars Hotel & Casino under construction within the City of Danville as well as, the Speedways and other tourist attractions. Subsequently in June of 2022, The Palace Resort, LLC, entity that will take ownership of the resort was formed and registered in The Commonwealth of Virginia. The subject property is comprised of five parcels for a total of 106 acres. Two of the parcels (Parcel ID: 70545 & 70727) zoned commercial and located alongside Riverside Drive, lie within the jurisdiction of the City of Danville while the remaining contiguous three parcels (Parcel ID: 1387-39-6322, 1387-29-6555, 1388-30-6852) and subject to this rezoning application, are within the jurisdiction of Pittsylvania County. MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513 PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR: THE PALACERESORT C-1 1C-1 EXISTING CONDITIONS SCALE: 1" = 140' 10.A.2.a Packet Pg. 92 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 14 The Palace Resort will take access from Riverside Drive through the two contiguous parcels that will remain zoned “Commercial” for future development. The resort will be developed on the three parcels within the jurisdiction of Pittsylvania County subject to this rezoning application. They are presently zoned R-1 Residential Suburban Subdivision District. The Palace Resort is being designed as a high-end, luxury RV resort with an ancient Roman theme to compliment the new Caesars Palace Hotel & Casino under construction just five minutes away. The Resort will consist of 454 RV sites, some with “casitas”, feature a lake and a collection of first- class resort style amenities such as Roman-style pools & spas, restaurant, bar & grille, Clubhouse with entertainment rooms, gym, tennis and pickle ball courts and many other features. The Palace Resort will be the epitome of upscale living. Situated on Riverside Drive, aka, Business Hwy 58 in Danville Virginia, our luxury RV resort will be built from the ground up to ensure a truly customized, unique community. Just minutes from some of the area’s 5-star venues, Caesars Palace Resort & Casino and Martinsville Speedway, the Resort will also feature amazing shopping, fine dining, vineyards, breweries and wineries, golf courses and nightlife within a short drive. Our beautiful, gated resort will stretch across 106 lush acres of landscaped grounds in the heart of Southern Pittsylvania County and the City of Danville, minutes from the Virginia/North Carolina border. The Palace RV Resort will be a destination where relaxation, friendly guests, and a beautiful setting combine to make unforgettable memories. Flanked by renown racetracks, The Palace Resort will be perfectly positioned to capture racing fans as well as, “high rollers” visiting Caesars Palace and surrounding vineyards where 10 of the best wineries and vineyards in Southern Virginia and North Carolina are located within an hour’s drive for The Palace Resort. Therefore, in accordance with the Pittsylvania County Comprehensive Plan, Pittsylvania County Code, Chapter 35 Zoning, Pittsylvania County Code Chapter 21, Ordinances, Chapter 35 of the Statutes of the Commonwealth of Virginia as well as, the Danville 2030 Comprehensive Plan, 10.A.2.a Packet Pg. 93 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 15 enclosed please find the Comprehensive Land Use Change and Rezoning application submittal along with the Conceptual Site Plans to secure the required entitlements. 10.A.2.a Packet Pg. 94 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 16 REQUEST FOR LAND USE CHANGE 1. Concurrency a. Sanitary Sewer The subject property abuts to applicant owned commercial parcels 70545 & 70727 that abut to the ROW on Riverside Drive (Hwy 58) and is withing the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties with water & sewer. As shown in Exhibit V, The City of Danville has indicated that the sewer main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, County Code Chapter 35, County Ordinance Chapter 21, Article I, Sections 21-2 & 21-3, the subject property will connect to water & sewer. b. Potable Water The subject property abuts to applicant owned commercial parcels 70545 & 70727 that abut to the ROW on Riverside Drive (Hwy 58) and is withing the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties with water & sewer. As shown in Exhibit V, the City of Danville has indicated that the water main is located approximately 600 feet from the property. In accordance with the Pittsylvania County Comprehensive Plan, County Code Chapter 35, County Ordinance Chapter 21, Article I, Sections 21-2 & 21-3, the subject property will connect to water & sewer. c. Solid Waste The subject property will use a “Commercial Hauler” for solid waste collection in accordance with the Pittsylvania County Comprehensive Plan, Chapters 35 and Chapter 17, Solid Waste Disposal of the Pittsylvania County Code. d. Drainage The Conceptual Site Plans call for a lake approximately the size of 7-8 acre for the purpose of stormwater and drainage retention. However, the applicant will coordinate with the engineering department during the predevelopment phase as a prerequisite to obtain construction permits and/or development orders. 10.A.2.a Packet Pg. 95 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 17 2. Consistency with the Pittsylvania County Code & Ordinances The purpose of this application submittal package is to redesignate a portion of the subject property or approximately 91 acres, more specifically, Parcel Id: 1387-39-6322, 1387-29-6555 and 1388-30-6852, from (R-1) Residential District to (A-1) Agriculture District with the required Special Use Permit as per sections 35.177 and 35.179 respectively, to develop a high-end luxury RV resort in accordance with Chapter 35.138 of the Pittsylvania County Code & Ordinance, consisting of 454 sites, a lake, bar & grille and other recreational amenities. A Conceptual Master Site Plan has been submitted for the proposed luxury RV resort as part of this amendment application submittal. Although Chapter 35.138 of the County Code governs the standards for development of an RV resort or campground in Pittsylvania County, it does not provide for the setback requirements to adjacent residential use, living quarters or to a residential district boundary. The only applicable setback requirements for the RV resort can be found in Section 35.177 (A-1) Agriculture District, the appropriate and only zoning district within the Comprehensive Plan that allows for the development of an RV resort or campground under Section 35.179 as a Special Use Permit. The A-1 District provides setback requirements as follows: front setback to be a minimum of 60 feet or 35 feet from the edge of a public ROW, side setbacks to be a minimum of 10 feet and rear setbacks to be a minimum of 40 feet. The Conceptual Site Plan and Pittsylvania County GIS Maps show that the subject property is surrounded by R-1 Residential District on a portion of the west and south perimeter of the property, A-1 Agriculture District on the south-east perimeter of the subject property and two applicant owned commercial parcels that will be used as the entrance or access to the resort from Riverside Drive along the north perimeter of the property. The subject property is densely wooded with forestall trees. See Exhibit E for adjoining surrounding land uses. In an effort to protect surrounding neighbors and mitigate any intensity that may arise, the Conceptual Site Plan shows that the side setbacks of undisturbed forestall tree 10.A.2.a Packet Pg. 96 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 18 coverage range from a minimum of 100 feet to 530 feet when taken from the edge of the private ROW to the east boundary line of the subject property. The rear setback of undisturbed forestall tree coverage is 82 feet from the edge of the private ROW to the edge of the public ROW (Vandola Church Road) or 112 feet from the nearest RV lot line. The setback of undisturbed forestall tree coverage on the east side of the property that abuts to the A-1 District ranges from 102 feet to 206 feet from the edge of the private ROW to the property line or 132 feet and 236 feet respectively, from the edge of the RV lot line up to the lake to the property line. North of the lake, the minimum setback ranges from 85 feet to 115 feet respectively, thereafter. The setback of undisturbed forestall tree coverage on the north-east corner ranges from 80 feet to 150 feet from the edge of the private ROW to the property line or 110 feet and 180 feet respectively, from the RV lot line to the property line. The setback of undisturbed forestall tree coverage along the north perimeter of the subject property is a minimum of 150 feet from the edge of the private ROW to the subject property line. The Conceptual Site Plan shows that the setbacks provided are much greater than the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District , which only require front setbacks of 35 feet, side setbacks of 20 feet and rear setbacks of 50 feet, respectively. In accordance with County Code Chapter 35.138. 2(a), Recreational Vehicle Parks, RV sites, lots or spaces shall be no less than 1600 square feet and no site shall be less than 25 feet in width. The Conceptual Site Plan calls for a total of 454 RV sites with three types of sites. The back-in sites are 1,991 square feet with a minimum width of 30. The Pull- Thru sites 3,982 square feet with the minimum width of 30 feet and the Premium sites with “Casitas” are 5,308 square feet with a minimum width of 40 feet. Additionally, the minimum size for a campground shall be on a property no less than 3 acres. The portion of the property subject to this rezoning application submittal is 91 acres. 10.A.2.a Packet Pg. 97 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 19 In accordance with Section 2.d., the maximum density allowed for this district is 20 sites per acre. The Conceptual Site Plan calls for a total of 454 sites or 5 sites per acre, well below the requirements of Section 2.d. Section 2.e. provides for Minimum Yard Dimensions. A separation distance of (10) feet is required between units set on RV lots and adjacent lot lines. Front yards, that portion of the lot between the unit and a public or private street in the campground, shall be no less than twenty (20) feet in depth which shall include the distance from the unit to the right- of-way line for the street. The Conceptual Site Plan shows that the separation distance Pittsylvania County Density Comparison Capter 35 Subject Total Zoning Ordinance District Units/Ac Property Units (Acres) Section 1,2,3,4The Palace Resort Subject Property 5 91 454 35.138 (d)Campgrounds & Recreational Vehicle Parks 20/Ac 91 1820 35.187 A-1 Agriculture 2 91 182 35.201 RE Residential Estates 1 per 5 Ac 91 18 35.224 R-1 Residential Suburban Subdivision 4.356/Ac 91 397 35.275 RC-1 Residential Combined Subdivision 4.356/Ac 91 397 35.289 RMF Residential Multi-Family 13/Ac 91 1183 35.296 (B)RPD Residential Planned Unit Development Single Family 3/Ac 91 273 Two Family-Detached Dwelling 5/Ac 91 455 Duplexes Multi-Family 15/Ac 91 1365 Townhouses 10/Ac 91 910 35.326 MHP Residential Manufactured Housing Park 7/Ac 91 637 1 Presently Zoned R-1. Future Land Use: Medium to High Density Residential 2 Subject property located within the Economic Development Corridor 3 Subject property Located in the Brosville Growth Node 4 Subject property locacted within the MPO/VDOT Study area. 10.A.2.a Packet Pg. 98 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 20 between units is at least, 20 feet for adjacent lot lines. Additionally, due to the length in size of the three types of RV sites; back-in 66’.4”, pull-thru at 132’.8” and the premium Pull-Thru sites w/ casitas at 150’.10”, every site will have more than the required 20 feet from the unit to a public or private street. Section 2.f. Open Space Recreation Area requires that no less than five (5) percent of the gross area of the facility shall be reserved as common open space and recreation facilities exclusive of required exterior boundary setbacks areas, pedestrian ways, parking bays, public & private streets and community storage facilities. The subject property is 91 acres. This section requires that 5% or 4.55 acres of Open Space/Recreational Areas. In addition to the amenities shown, open areas and a lake the size of 7-8 acres, the Conceptual Site Plans shows a total of 47.84 acres of open space in addition to the 5.29 acres for recreational areas, far exceeding the requirements of Section 2.f. Section 2.g. Minimum Off-street Parking Spaces requires that at least, one (1) off-street parking space on ten (10) feet by twenty (20) feet shall be provided for each lot or space, on or adjacent to the lot or space, and/or a total of two hundred (200) square feet. A consolidated parking area within sixty (60) feet of the lots or spaces may be used to provide required space. The Conceptual Site Plan shows one off-street parking space 10 feet X 20 feet provided at each site with additional parking near the offices and Clubhouse building. Although architectural or engineered construction drawings have not been created at this time, the applicant will abide by Section 2.h., Maximum Height of Buildings, that requires that buildings in this district will be limited to 35 feet in height. The subject property will have signs, more specifically, at the entrance of the resort visible from Riverside Drive and in accordance with Section 2.i. 10.A.2.a Packet Pg. 99 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 21 The Palace Resort will be a transient resort and consist of 454 RV sites, some with “casitas”. However, although “casitas” will be erected on some of the premium sites, they will be built in accordance with state and local building codes but more importantly, will not be attached to any unit whatsoever, or built in a manner that would inhibit the ability of the unit to me moved. In accordance with Section 4.a., the subject property abuts to the ROW of Riverside Drive (Hwy 58) and is within the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with water supply. The City of Danville has indicated that the water main is located approximately 600 feet from the subject property as shown in Exhibit V. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21 and Chapter 35 of the Pittsylvania County Code, the subject property will connect to City water. Furthermore, each RV site will have frost-free water lines & sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. In accordance with Section 4.b. Sewer Facilities, the subject property abuts to the ROW of Riverside Drive (Hwy 58) and is within the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with sewer facilities. As shown in Exhibit V, the City of Danville has indicated that the sewer main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21, Chapter 35 of the Pittsylvania County Code, the subject property will connect to City sewer. Furthermore, each RV site will have sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. 10.A.2.a Packet Pg. 100 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 22 Chapter 41 Noise Control Ordinance The Board of Supervisors of the County of Pittsylvania, Virginia, hereby finds and declares that excessive noise and sound is a hazard to the public health, welfare, safety, peace, and the quality of life of the citizens of Pittsylvania County; that a substantial body of science and technology exists by which excessive noise and sound may be substantially monitored, controlled and abated; that the people of the County of Pittsylvania have a right to and should be insured of an environment free from excessive sound and noise pollution, that may jeopardize the public health, welfare, safety, and peace or degrade the quality of life in Pittsylvania County; and that it is the policy of the County of Pittsylvania to prevent such excessive noise and sound. The weighted noise or sound pressure level is obtained by the use of a sound level meter and the A- frequency-weighting network, as specified in American National Standards Institute Specifications for Sound Level Meters. May 23, 2022 0 0.2 0.40.1 mi 0 0.3 0.60.15 km 1:8,000 10.A.2.a Packet Pg. 101 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 23 In-air noise when frequency-weighted to approximate human hearing is measured on an A-weighted scale, denoted as dBA.1 The A-weighted decibel scale begins at zero, which represents the faintest sound level that humans with normal hearing can hear. Decibels are measured on a logarithmic scale so each 10 dB increase doubles the sound; therefore a noise level of 70 dBA is twice as loud to the listener as a noise of 60 dBA (USDOT 1995). The following table shows typical noise levels generated by common indoor and outdoor activities and provides possible human responses. Typical noise levels and possible human responses. From: <http://www.nonoise.org/resource/educat/ownpage/soundlev.htm>. Common Noises Noise Level (dBA) Effect Rocket launching pad (no ear protection) 180 Irreversible hearing loss Carrier deck jet operation/ Air raid siren 140 Painfully loud Thunderclap 130 Painfully loud Jet takeoff (200 feet) Auto horn (3 feet) 120 Maximum vocal effort Pile driver Rock concert 110 Extremely loud Garbage truck/ Firecrackers 100 Very loud Heavy truck (50 feet) City traffic 90 Very annoying Hearing damage (8 hours of exposure) Alarm clock (2 feet)/ Hair dryer 80 Annoying Noisy restaurant/ Freeway traffic/ Business office 70 Telephone use difficult 10.A.2.a Packet Pg. 102 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 24 Air conditioning unit/ Conversational speech 60 Intrusive Light auto traffic (100 feet) 50 Quiet Living room, Bedroom/ Quiet office 40 Quiet Library/soft whisper (15 feet) 30 Very quiet Broadcasting studio 20 Very quiet 10 Just audible Threshold of hearing 0 Hearing begins Noise is a pressure wave that decreases in intensity over distance from the source. Noise attenuation is generally described as a reduction in decibel level per doubling of distance from the source. When reporting the noise level from a source, one should always specify the reference distance from the source for the sound measurement or estimated source. A standard reference distance for source noise levels is 50 feet. The two most common types of noise are point source and line source. Point Source Point source noise is usually associated with a source that remains in one place for extended periods of time. However, noise from a single traveling vehicle is also considered a point source noise. Noise from a point source spreads spherically over distance. The standard reduction for point source noise is 6 dB per doubling of distance from the source. Line Source Noise Line source noise is generated by moving objects along a linear corridor. Highway traffic is a good example of line source noise. Noise Path Reduction Factors Natural factors such as topography, vegetation, and temperature can further reduce noise over distance. This section covers a few of the 10.A.2.a Packet Pg. 103 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 25 common factors and their applicability in increasing the noise reduction per doubling of distance from the source. Hard Site vs Soft Site A hard site exists where noise travels away from the source over a generally flat, hard surface such as water, concrete, or hard-packed soil. These are examples of reflective ground, where the ground does not provide any attenuation. The standard attenuation rate for hard site conditions is 6 dB per doubling of distance for point source noise and 3 dB per doubling of distance from line sources. When ground cover or normal unpacked earth (i.e., a soft site) exists between the source and receptor, the ground becomes absorptive of noise energy. Absorptive ground results in an additional 1.5 dB reduction per doubling of distance as it spreads from the source. Added to the standard reduction rate for soft site conditions, point source noise attenuates at a rate of 7.5 dB per doubling of distance, and line source noise decreases at a rate of 4.5 dB per doubling of distance. Topography, Vegetation, and Atmospheric Factors A break in the line of sight between the noise source and the receptor can result in a 5 dB reduction. Dense vegetation can reduce noise levels by as much as 5 dB for every 100 feet of vegetation, up to a maximum reduction of 10 dB over 200 feet (USDOT 1995). Atmospheric conditions can also affect the rate of noise attenuation. Noise travels farther during periods of higher humidity and also in colder temperatures (USDI 2003). Wind can reduce noise levels by as much as 20 to 30 dB at long distances (USDOT 1995). To accurately measure the noise or intensity created by traffic within the perimeter private roads of the resort in decibel levels, we need to measure the distance between the source (ROW) to the property line with surrounding neighbors. As such, the Conceptual Site Plan shows setbacks comprised of existing dense forestall vegetation. The 10.A.2.a Packet Pg. 104 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 26 distances between the perimeter roads of the resort to the property lines with surrounding neighbors is as follows: Front Setback: 150 Feet Side Setback (West) 100 Feet to 530 Feet Side Setback (East) 102 Feet to 206 Feet Rear Setback 82 Feet Therefore, when the sound pressure level is obtained by the use of a sound level meter and the A- frequency-weighting network, as specified in American National Standards Institute Specifications for Sound Level Meters and shown in (USDOT 1995) when measured from the source at a distance of 50, factoring in the topography and vegetation of the subject property that will further reduce noise over distance on either a “Hard Site” or “Soft Site” by an additional 6 dB per doubling of distance for point source noise and 3 dB per doubling of distance from line sources, the intensity on surrounding neighbors created by noise will be as follows: Front Setback (150) Source Noise Noise Hard Site Distance Noise Level Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway Traffic 70 -6dB -6dB 100 58 dB 200 46 dB • Light Auto Traffic 50 -6 dB -6 dB 200 38 dB Side Setback (West) 100 – 530 Feet Source Noise Noise Hard Site Distance Noise Level 10.A.2.a Packet Pg. 105 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 27 Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway 70 -6dB -6dB 100 58 dB Traffic 200 46 dB 400 34 dB • Light Auto Traffic 50 -6dB -6dB 200 38 dB 400 26 dB Side Setback (East) 102 – 206 Feet Source Noise Noise Hard Site Distance Noise Level Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway 70 -6dB -6dB 100 58 dB Traffic 200 46 dB • Light Auto Traffic 50 -6dB -6dB 200 38 dB Rear Setback (Edge of ROW Vandola Church Rd) 82 Feet Source Noise Noise Hard Site Distance Noise Level Level Attenuation (6 db) (6-dB) (Feet) Prop Line (50 Ft) Freeway 70 -6dB -6dB 100 58 dB • Light Auto Traffic 50 -6dB -6dB 200 38 dB • Source Level Measured at 100 feet. • Washington Biological Assessment Preparation, Advanced Training Manual Version 02-2012 10.A.2.a Packet Pg. 106 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 28 Dimensions from Center of Amenities Area to Property Line or Existing Homes 10.A.2.a Packet Pg. 107 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 29 3. Consistency with the Pittsylvania County Comprehensive Plan Introduction The quality of life in a community can not be measured by statistics. It can only be expressed in terms of the collective experiences enjoyed by the residents. It includes such things as a comfortable climate, recreational and entertainment opportunities, educational and cultural life, and an aesthetically pleasing living environment. Goals, Objectives and Implementation Strategies Community Facilities and Services Goal #1 To plan for, construct, and maintain needed community facilities is a manner that is cost effective, environmentally sound and consistent with the growth objectives contained in this plan. Objective #4 Consistent with this plan, develop and maintain public water and wastewater systems to meet the needs of a growing commercial, industrial and residential base. Strategies 1. Prepare an updated water and sewer master plan for the County. 2. Develop a County-wide, interconnected utility system to provide water and sewer service to all growth areas of the County and the Economic Development Corridor. 3. Coordinate water and sewer service with the Future Land Use Map to encourage planned, orderly growth by prioritizing utility service to identified residential, commercial and industrial growth areas. 4. Consider a mandatory utility connection fee, or alternative funding system, to make water and sewer extension projects more cost effective. 10.A.2.a Packet Pg. 108 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 30 5. Take full advantage of enabling legislation pertaining to the use of proffers including the use of a cash proffer program to help finance utility infrastructure improvements. Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor and as shown in Exhibits F-1, F-2, K, K-1, K-2 and Exhibit J. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps Exhibit F. As such, through a service agreement between the County and the City of Danville for water & sewer, the City has advised that public water & sewer mains are presently located 600 feet from the applicant’s commercial contiguous properties that that will provide access from Legend Assessed Parcels Parcels Economic Development Corridors Growth Node Areas Blairs Brosville Chatham Gretna Hurt Kentuck Leesville Lake Shore Mount Hermon Mount Cross Ringgold Smith Mountain Lake County Boundary Title: Brosville Growth Node Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT K-1 10.A.2.a Packet Pg. 109 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 31 Riverside Drive to the Resort. At this time, the applicant and the City are in discussions to extend the main lines to the property line. If approved, The Palace Resort will connect, as per Chapter 21 of the Pittsylvania County Code, to City water & sewer. Economic Development Located in the South-Central Piedmont region of Virginia, Pittsylvania Country is well positioned to serve the needs of manufacturing and other industry – just a day’s shipping distance from two-thirds of the U.S. population. The North Carolina state line and city of Danville form the county's southern boundary. The county has developed a substantial manufacturing and commercial base largely as a result of its skilled workforce, excellent highway, rail systems and transportation systems. The county is part of the Danville Metropolitan Statistical Area (MSA), representing a major market and trade center for Southside Virginia. The County has a variety of industrial park sites that each have their own unique attributes. This geographic dispersion and variety of site characteristics allows the County to accommodate most any industrial or commercial need. Among the sites available for development are: Chatham North Industrial Park, Chatham South Industrial Park, East Bowles Industrial Park, Gretna Industrial Park, Key Industrial Park, Cane Creek Centre, Ringgold Industrial Park East, Ringgold Industrial Park West, Berry Hill Mega Park. Goal Build a healthy and diverse economic base that provides well-paying jobs and generates sufficient revenue to pay for the service needs of both businesses and the citizenry without degrading the County’s natural resources or the overall quality of life. Objectives 1. Continue to expand Pittsylvania County’s commercial and industrial tax base. 10.A.2.a Packet Pg. 110 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 32 2. Enhance the long-term visual attractiveness of the County’s major commercial corridors. 3. Expand job opportunities for Pittsylvania County residents. 4. Increase visitation and tourism to Pittsylvania County. 5. Promote Pittsylvania County as an attractive location for economic development. 6. Encourage mixed-use development in appropriate areas. 7. Encourage creativity in the design of economic development projects. Strategies 1. Development of business/industrial parks in the County, with primary emphasis on improving vehicular access and public sewer and water and stormwater management facilities in economic development areas. 2. Assist existing businesses with sewer and water extensions that will facilitate their retention and/or expansion. 3. Promote the adaptive re-use of existing vacant, blighted commercia properties in key, highly visible locations by purchasing selected properties, demolishing existing structures, improving the sites, and preparing them for redevelopment by the private sector. 4. Promote revitalization effort along commercial corridors. 5. Exploit, upgrade, and extend existing rail linkages in Pittsylvania County to promote industrial and warehousing uses. 6. Require landscaping and, to the extent practical, the preservation of existing trees and vegetation in all new economic development and redevelopment. 7. Participate in the development of events and facilities designed both to bring visitors into the area during the shoulder seasons or off-season and to encourage visitors to remain longer. 8. Upgrade the County’s Economic Development web site for marketing purposes. 10.A.2.a Packet Pg. 111 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 33 9. Support the development of state-of-the-art telecommunications facilities in appropriate locations in the County. 10. Actively work with regional entities and local colleges and universities to develop and promote regional strategies and plans that will benefit the economic well-being of Pittsylvania County. 11. Foster mutual communication and cooperation among the County government, the EDA, and the business community. 12. Provide opportunities for the mixing and integration of different types of uses both business and residential – within a single development under a coherent overall master plan. Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. Moreover, the property lies on Hwy 58, a four-lane main arterial within the County linking the County to the national system of interstate highways in Virginia and North Carolina and just east of the Berry Hill Mega Industrial Park as shown in Exhibit U. 10.A.2.a Packet Pg. 112 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 34 The approval of this application for The Palace Resort, along with the two commercial parcels for future commercial development taking access from Hwy 58, would meet all of the objectives outlined in Chapter Four, subsection Economic Development of the County’s Comprehensive Plan. More specifically, the approval would (1) continue to expand the County’s commercial and industrial tax base, (2) enhance the long-term visual attractiveness of the County’s major commercial corridor, (3) expand job opportunities for County employees, (4) increase visitation and tourism to the County especially since the resort will be a luxury resort and transient in nature and (5) promote the County as an attractive location for economic development. Furthermore, although The Palace Resort would probably not be categorized as a “mixed-use” development, the addition of future commercial development on the two applicant owned adjoining parcels would provide for a ”mixed-use” nature under single ownership on a major arterial and Economic Development Corridor. As such, objectives 6 and 7 would also be met upon approval of this application request since The Palace Resort would be developed in an appropriate Legend Assessed Parcels Parcels Economic Development Corridors County Boundary Title: Economic Development Corridor Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. EXHIBIT J 10.A.2.a Packet Pg. 113 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 35 area (Economic Development Corridor) and its being designed with the creativity to address any potential intensity in regards to setbacks, buffers and noise with the preservation of existing trees and forestall areas throughout the resort and its neighbors yet, with visibility to Hwy 58 to improve its economic development and tax base to the County. Transportation Transportation planning in Virginia is undertaken through a partnership of state, local, and federal participants. Pittsylvania County has areas that are urbanizing and included in the Danville (Pittsylvania) Metropolitan Planning Organization’s (MPO) Planning Study Area and areas that are rural and are addressed by the Rural Transportation Plan that is developed in concert with the County staff, VDOT staff, and staff of the West Piedmont Planning District Commission, often with consultants assisting the effort. In either the rural or urbanizing area, the transportation planning is intended to be multi-modal and comprehensive. The MPO is responsible for preparing the Danville-Pittsylvania County region’s 2035 Long- Range Transportation Plan and identifying existing and future transportation conditions and needs. Each member jurisdiction, including Pittsylvania County, is responsible for supplying the MPO recommendations on its identified transportation needs. The County participated in development of a long-range transportation plan for the Year 2035 which 10.A.2.a Packet Pg. 114 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 36 was completed in 2010. The County contains a number of important primary roads and an extensive network of secondary roadways that provide adequate travel routes within the County. Primary Routes US 29 and US 58 are the four-lane main arterials within the County linking the County to the national system of interstate highways in Virginia and North Carolina. Other important primary routes are Route 40, Route 41, Route 57, Route 62, and Route 360. The Virginia Department of Transportation Highway, in cooperation with the County, applies classifications to the County’s various roadways. Highway 58 has been classified as a Principal Arterial as shown in Exhibit U, Functional Classified Road Network, Map VII- 2. The County’s Future Land Use Plan envisages the following future land uses spread across the ten growth areas assigned in the County. For each, there are discussion points where Legend Assessed Parcels Parcels MPO Study Area County Boundary Title: MPO Study Area Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT H 10.A.2.a Packet Pg. 115 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 37 some relationship is drawn with the transportation network. It is recognized that there is a strong interrelationship between a land use activity area and adjacent transportation network feature. Medium- to High-Density Residential Areas In these areas, it is expected that 0.25- to 1.0-acre residential lots will prevail and that there will be good access to local streets and highways particularly. Development of public infrastructure to service the areas and their location in designated growth areas of the County makes these areas suitable as the County’s future Urban Development Areas. LAND USE PLAN GOALS, OBJECTIVES, STRATEGIES AND TRANSPORTATION In reviewing the Plans Goals, Objectives, and Strategies, there were a number of items that appear to fairly directly relate to transportation. One strategy notes that commercial and industrial areas should be encouraged at node locations displayed on the Land Use Plan Map. An objective note discouraging scattered development patterns which are incompatible with the County’s ability to provide adequate and cost-effective public services and facilities. A strategy recommends amending the County’s zoning and subdivision ordinances to provide density bonuses for developments that demonstrate conservation site design principles and/or incorporate low impact development techniques. Another strategy recommends direct development to areas served, or proposed to be served, by adequate public facilities and infrastructure. There is also a strategy that recommends adoption of zoning and subdivision ordinance revisions to allow and promote cluster subdivisions within the County. Finally, another strategy recommends development of a highway corridor design manual and highway overlay districts for the County’s main gateway thoroughfares. COUNTY-WIDE ACCESS MANAGEMENT PROGRAM The County’s highways are an important public resource and represent a major public investment that should be preserved. They provide the means for residents’ trips to work, to shop, to go to school, 10.A.2.a Packet Pg. 116 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 38 to travel. Highways are essential for commerce, trade and tourism. Yet, as land develops along a road, the potential exists for highway corridors to become lined with numerous, closely spaced entrances, traffic signals, and median openings - many of which do not have proper left/right turn lanes. These deficiencies lead to a high rate of accidents, congestion, and a reduction in the traffic carrying capacity of the road. The goal of access management is to achieve a safe and efficient flow of traffic along a roadway while preserving reasonable access to abutting properties. By applying a set of traffic control methods, the quality of the County’s network of roads can be maintained and improved. Techniques for managing access include: • Standards for the location, spacing, and design of driveway entrances; • Median treatments; • Providing exclusive right and left turn lanes; • Connecting the parking lots and streets of neighboring land uses; and, • Increasing the distance between traffic signals. Goal #1 To develop and maintain a safe and efficient transportation system. Objective #1 To establish and maintain a level of service of “C” or better for all secondary and primary highway intersections in the County. Strategies 6. Ensure that all established growth areas within the County are connected by arterial corridors. 7. Consistent with the recommendations contained in the land use chapter of this plan, promote an efficient land use pattern that promotes new residential areas within the county’s designated growth areas. 10.A.2.a Packet Pg. 117 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 39 8. Plan for and encourage through rezoning actions and subdivision approvals pedestrian and vehicular interconnectivity between neighborhoods and activity centers such as shopping areas, schools, libraries, and community centers. Goal #2 To encourage a balanced efficient transportation system. Objective #1 Promote transit and van pool ridership in Pittsylvania County. 2. In accordance with the recommendations contained within the land use chapter of this plan, promote residential development at densities sufficient to support transit in the southern growth areas of the County. 3. Support and promote van pooling opportunities in the County. Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Additionally, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. Furthermore, the property lies on Hwy 58, a four-lane main principal arterial road and a classification of “C” within the County linking the County to the national system of interstate highways in Virginia and North Carolina and just east of the Berry Hill Mega Industrial Park. 10.A.2.a Packet Pg. 118 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 40 Economic Development Corridors The focus here is special designation to recognize the importance of the key transportation routes of Route 58 and Route 29. Parcel development will want use of full water and sewer services and broadband services on the highway corridors. It is desirable to locate industry projects on or adjacent to the highway corridor. Clustering is desirable in order to reduce sprawl potential. Development will want to employ access management requirements and follow the VDOT guidelines for development. Moreover, consistent with Chapter VII of the County’s Comprehensive Plan, with continued interest in developing parcels like The Palace Resort along Route 58 west corridor in the County and concern for the potential traffic conflict points developing in the future as commercial and professional businesses locate on the route to associate with Legend Assessed Parcels Parcels Economic Development Corridors Future Land Use Areas Commercial Conservation Industrial Medium to High Density Residential Mixed Commercial/Industrial County Boundary Title: FUTURE LAND USE Date: 5/12/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT F 10.A.2.a Packet Pg. 119 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 41 the industrial development of the future, the MPO is moving to assist the County by developing access management plans for the corridor in the future. These can supplement the plan developed by the MPO for the City in 2007 along the Route 58 section from Piedmont Drive intersection westward to the Danville City Limits. 10.A.2.a Packet Pg. 120 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 42 Furthermore, Access management objectives can be achieved through land use strategies that discourage strip development and promote clustering of land uses into commercial/residential nodes near existing developed areas and at major highway intersections. In an effort to maintain the safety and security of ongoing traffic patterns along Highway 58 especially coming from the Martinsville Highway, the applicant is in discussion with the City of Danville to establish a deceleration and acceleration lanes to enter the resort through one access point. Discussions are also ongoing for a crossover lane coming from the east. Finally, in an effort to alleviate the intensity created by transportation onto Hwy 58, as part of The Palace Resort Business Plan, van pooling services will be provided to our guests from the resort to Caesars Hotel & Casino, the racetracks, the downtown area and other tourist destinations within the City of Danville. Land Use and Growth Management The County’s existing land use pattern has been influenced by many factors. Prior to government intervention, land use patterns in the County were influenced solely by market forces and the environmental characteristics of land. Later, with the adoption of local regulatory and policy tools (subdivision and zoning ordinance; capital improvement program, comprehensive plan, etc.), the County began to play a much more active role in shaping land use patterns. County decisions on public facility locations, specifically public water and wastewater lines, also have influenced existing growth patterns. This section is intended to provide information to help guide the Planning Commission and the Board of Supervisors as decisions are made on rezonings, special use permits, subdivision approvals and infrastructure projects. Designated Growth Areas Exhibits K, K-1, K-2 and Exhibit L, from the County’s Comprehensive Plan, shows that the subject property is located in the Brosville Growth Node Area. The future land use plan also shows that the subject property is within the 10.A.2.a Packet Pg. 121 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 43 Economic Development Corridor. This corridor follows the main transportation routes, including the railroad, and represents the areas most suitable for commercial and industrial development. 10.A.2.a Packet Pg. 122 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 44 Although the subject property is not considered an industrial development site as per Chapter VIII of the County’s Comprehensive Plan, it does possess certain criteria that must be met for any industrial site to be successfully developed. Among these criteria are adequate and available utility services, suitable topography, convenient and adequate transportation routes and transportation modes, and an available workforce. Not all areas of the County can meet this criteria and development tends to come to the areas that are the most suitable. The County’s economic development plan is to have a variety of sites available that can meet a variety of industrial and commercial needs. As Pittsylvania County continues to experience residential, commercial and industrial growth, there will be continued pressure on the County’s open space, agricultural and forested areas to be developed for these uses. However, consistent with the County’s Comprehensive Plan, future residential, commercial and industrial development should be encouraged to locate in the designated growth areas of the County where adequate public services are available or planned. 10.A.2.a Packet Pg. 123 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 45 As such, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. Additionally, through a service agreement between the County and the City of Danville for water & sewer, the City has advised that public water & sewer mains are presently located 600 feet from the applicant’s commercial contiguous properties that that will provide access from Riverside Drive to the Resort. Furthermore, the future land use map in Chapter VIII should be used as a general guide for future County development patterns. Implementation of the future land use map recommendations will require amendments to the County’s development codes to provide both requirements and incentives for the conservation of land. Future Land Use The Future Land Use Map is a general guide for the future development of Pittsylvania County. The plan can further be used in the evaluation of specific land development proposals, the expansion of public utilities and facilities, and in reviewing the effectiveness of zoning and subdivision ordinances. The Future Land Use Map shows a desired land use pattern that can be followed as development occurs through the year 2030. The basic premise of the Future Land Use Map is to separate incompatible land uses and match the community’s development needs with the geographic areas that are the most suitable. In order to promote and protect agriculture and forestry, dense growth should be discouraged in the most rural areas of the County and encouraged in areas with adequate public infrastructure. Public water and sewer should be encouraged in residential areas with medium to high density levels and commercial/industrial areas. Commercial growth should be encouraged in clusters or nodes, rather than in sprawling 10.A.2.a Packet Pg. 124 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 46 strip developments. Industrial growth should be focused on areas with public utilities and easy access to adequate transportation facilities. Medium to High Density Residential Public utilities should generally be available or could be reasonably extended in the future. High density uses such as multi-family apartments, duplexes and townhouses, as well as planned unit developments, should have direct access to public utilities. Conflicts between high-density multi-family and medium density single-family should be minimized by careful siting, screening and buffers. New high density multi-family projects should only be approved after a public hearing process. This area would be suitable for New Urbanism or Traditional Neighborhood Developments, as explained in the Housing section of this plan. The presence of public infrastructure in this category, located within the designated growth areas of the County, makes these areas particularly suitable for medium to high-density residential growth. 10.A.2.a Packet Pg. 125 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 47 Consistent with the Pittsylvania County Comprehensive Plan, County Code Ordinances, more specifically Chapter 35 and the Danville 2030 Comprehensive Plan, the subject property lies within the growth areas outlined in the County’s Economic Development Corridor. Furthermore, in addition to the two contiguous commercial parcels (13-Acres) within the City of Danville owned by applicant, the Future Land Use of approximately 13 acres of the subject property, that also lie withing the Economic Development Corridor, have been designated commercial while the balance of the subject property or 78 acres, have been designated as Medium to High Density Residential as shown in Exhibits F and J. 10.A.2.a Packet Pg. 126 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 48 As such, through a service agreement between the County and the City of Danville for water & sewer, the City has advised that public water & sewer mains are presently located 600 feet from the applicant’s commercial contiguous properties that will provide access from Riverside Drive to the Resort. At this time, the applicant and the City are in discussions to extend the main lines to the property line. If approved, The Palace Resort will connect to City water & sewer in accordance with Chapter 21 and Chapter 35 of the County Ordinance and Comprehensive Plan. As such, the subject property has direct access to public utilities. Furthermore, the Conceptual Site Plan shows that through careful planning, any conflicts between high-density multi-family and medium density single- family have been minimized by careful siting, screening and buffers. More specifically, the Legend Assessed Parcels Parcels Economic Development Corridors Future Land Use Areas Commercial Conservation Industrial Medium to High Density Residential Mixed Commercial/Industrial County Boundary Title: FUTURE LAND USE Date: 5/12/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT F 10.A.2.a Packet Pg. 127 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 49 setbacks provided in undisturbed forestall areas around the entire perimeter of The Palace Resort far exceed the requirements of the County’s Comprehensive Plan, Section 35.138 and County Ordinances. As such, the screening provided in setbacks are as follows: (i) The side setbacks of undisturbed forestall tree coverage range from a minimum of 100 feet to 530 feet when taken from the edge of the private ROW to the east boundary line of the subject property. Note that the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require side setbacks of 20 feet. (ii) The rear setback of undisturbed forestall tree coverage is 82 feet from the edge of the private ROW to the edge of the public ROW (Vandola Church Road) or 112 feet from the nearest RV lot line. Note that the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require rear setbacks of 50 feet. (iii) The side setback of undisturbed forestall tree coverage on the east side of the property that abuts to the A-1 Agricultural District ranges from 102 feet to 206 feet from the edge of the private ROW to the property line or 132 feet and 236 feet respectively, from the edge of the RV lot line up to the lake. North of the lake, the minimum side setback ranges from 85 feet to 115 feet thereafter. The setback of undisturbed forested tree coverage on the north-east corner ranges from 80 feet to 150 feet from the edge of the private ROW to the property line or 110 feet and 180 feet respectively, from the RV lot line to the property line. Note that the most restrictive districts in the County Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require side setbacks of 20 feet. (iv) The front setback of undisturbed forestall tree coverage along the north perimeter of the subject property is a minimum of 150 feet from the edge of the private ROW to the subject property line. Note that the most restrictive districts in the County 10.A.2.a Packet Pg. 128 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 50 Code; B-2 Business District, M-1 Light Industrial District and M-2 Heavy Industrial District only require front setbacks of 35 feet. Economic Development Corridors The Future Land Use Map shows Economic Development Corridors located along the County’s main highway thoroughfares of U.S. Route 58 and U.S. Route 29. These corridors have a special designation to recognize the importance of these key transportation routes. The corridor varies in size in some areas so that the important railroad along U.S. Route 29 can be included. This Economic Development Corridor should be the primary focus area for economic development in the County due to its transportation access and public utility availability. A key goal for the 2010 Pittsylvania County Comprehensive is to have full water and sewer service throughout these east/west and north/south corridors. Due to the existing highway traffic, it is also likely that all significant retail operations will be within the corridor area. In the future, the County may want to consider special design and development guidelines within the Economic Development Corridor to recognize the high visibility of this area to the traveling public and the importance of quality development within this key area. While the entire Economic Development Corridor is suitable for these uses, it is expected and intended that development occur in clusters at the most suitable sites first, and then expand over time. The cluster concept reduces sprawl development and minimizes infrastructure cost. Access Management requirements must also be addressed in all new developments within this corridor, in accordance with VDOT guidelines. Goals, Objectives and Implementation Strategies Land Use Goal #1 10.A.2.a Packet Pg. 129 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 51 To achieve a balanced land use system that provides sufficient and compatible land areas for all community land use needs, while protecting sensitive natural environments and important local historic and cultural resources. Objective #1 Promote a strong and diversified industrial and commercial base which does not create significant impacts on residential areas, prime agricultural lands or public facilities. Strategies 1. Use the Future Land Use Map contained in this plan as a general guide for future commercial and industrial land use decisions. 2. Encourage new commercial and industrial areas to node locations as shown on the Future Land Use Map. Objective #2 Discourage scattered development patterns which are incompatible with the County’s ability to provide adequate and cost effective public services and facilities. Strategies 5. Direct development to areas already served, or proposed to be served, by adequate public facilities and infrastructure. 6. Ensure that all new water line and sewer line extensions designed to serve new development are located within, and only serve areas within designated growth areas. Objective #3 Enhance the rural and environmental character of the County through the preservation of agricultural and forestall lands, wetlands, flood hazard areas, and steep slopes. 10.A.2.a Packet Pg. 130 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 52 Strategies 5. Adopt zoning and subdivision ordinance revisions to allow and promote cluster subdivisions within the County. Objective #4 Adopt and maintain appropriate land use ordinances and voluntary programs designed to guide and implement the provisions of this comprehensive plan. Strategies 1. Amend the County zoning ordinance to provide enhanced standards for signage, noise, landscaping, buffering, and lighting. In accordance with the Goals, Objectives and Strategies of the Land Use Section, more specifically, Chapter VIII of the Pittsylvania County Comprehensive Plan, the subject property lies within the Brosville Growth Node Area outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. As such, the Future Land Use Map contained in this plan should be used as a general guide for future commercial and industrial land use decisions. Moreover, new development should be encouraged in new “commercial” areas to node location as shown on the Future Land Use Map. Furthermore, if approved, (i) the subject property would be developed in an area already served, or proposed to be served, by adequate public facilities and infrastructure and (ii), new water line and sewer line extensions have been designed and are already in place to serve the subject property as it is located in an area within designated growth areas. 10.A.2.a Packet Pg. 131 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 53 Additionally, although The Palace Resort may not be technically considered a “cluster development” under a residential district since it will be a transient luxury RV resort under Sections 35.177, 35.179 and 35.138 respectively, in essence, it is a cluster subdivision development that should be encouraged and promoted by the County in its efforts to discourage sprawl developments. 4. Impacts on Affordable Housing This application request does not have any impacts on affordable housing as The Palace Resort will be transient in nature. 5. Compatibility With Adjacent Land Uses The subject property is presently zoned R-1, Residential District, with a Future Land Use of Medium to High Density Residential. As per the Pittsylvania County Code of Ordinances, more specifically, Sections 35.177 & 35.179, the subject property is required to be rezoned to (A-1) Agriculture District with a Special Use Permit in order to be developed in accordance with Chapter 35.138 for an RV resort. As per Exhibit M from the County’s GIS system, the subject property abuts or is contiguous to three large parcels totaling more than 68 acres, that are zoned A-1 Agriculture. Therefore, the rezoning of the subject property from R-1 to A-1 will maintain compatibility with the adjoining property and provide continuity to the neighborhood and surrounding properties. 10.A.2.a Packet Pg. 132 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 54 Additionally, in accordance with the Goals, Objectives and Strategies of the Land Use Section, more specifically, Chapter VIII of the Pittsylvania County Comprehensive Plan, the subject property lies within the Brosville Growth Node Area outlined in the County’s Economic Development Corridor. Furthermore, the Future Land Use of the subject property has been designated as Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. As such, the Future Land Use Map contained in this plan should be used as a general guide for future commercial and industrial land use decisions. Moreover, new development should be encouraged in new “commercial” areas to node location as shown on the Future Land Use Map. Furthermore, if approved, (i) the subject property would be developed in an area already served, or proposed to be served, by adequate public facilities and infrastructure and (ii), Legend Assessed Parcels Parcels Zoning A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: Adjoining 68 Acres of A-1 Zoning Date: 5/12/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT M 10.A.2.a Packet Pg. 133 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 55 new water line and sewer line extensions have been designed and are already in place to serve the subject property since it is located in an area within designated growth areas. Additionally, although The Palace Resort may not be technically considered a “cluster development” under a residential district since it will be a transient luxury RV resort under Sections 35.177, 35.179 and 35.138 respectively, in essence, it is a cluster subdivision development that should be encouraged and promoted by the County in its efforts to discourage sprawl developments. 6. Environmental The subject property is presently zoned R-1 and lies within the Flood Zone X of the Brosville Growth Node Area outlined in the County’s Economic Development Corridor. The Future Land Use is Medium to High Density Residential by Pittsylvania County as shown on the County’s GIS maps. The subject property is not in an environmentally sensitive area or within a Conservation District occupied by various open spaces such as steep slopes, forest, parks, marshland, lakes, watersheds needing protection since they supply public water impoundments, or stream valleys. 10.A.2.a Packet Pg. 134 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 56 The Conceptual Site Plan calls for buffers & setbacks that range from 80 to 530 feet of undisturbed forested tree coverage to the boundaries of the subject property. 7. Transportation In accordance with the Pittsylvania County Code Ordinances, the Comprehensive Plan and VDOT, the subject property will take access through the two applicant-owned commercial properties that abut to the subject property from Riverside Drive (Hwy. 58), a principal arterial road with a classification of “C”. Access to Hwy 58, a state road, is controlled by the Virginia Department of Transportation in conjunction with the City of Danville and in compliance with the VDOT State Highway Systems Access Management Classification Legend Assessed Parcels Parcels Flood Zones 2010 0.2 PCT ANNUAL CHANCE FLOODHAZARD A AE X County Boundary Title: Flood Zone X Date: 7/21/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how currentit may be. EXHIBIT N 10.A.2.a Packet Pg. 135 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 57 System & Standards. Additionally, the Conceptual Site Plan shows a two-lane secondary or emergency access from the rear of the resort to Vandola Church Road as well as, a “service road” on the south-east corner of the subject property used exclusively for trash collection. Furthermore, under the Pittsylvania County Comprehensive Plan, County-Wide Access Management Program, Access management objectives can be achieved through land use strategies that discourage strip development and promote clustering of land uses into commercial/residential nodes near existing developed areas and at major highway intersections. In an effort to maintain the safety and security of ongoing traffic patterns along Highway 58 especially coming from the Martinsville Highway, the applicant is in discussion with the City of Danville to establish a deceleration and acceleration lanes to enter the resort through one access point. Discussions are also ongoing for a crossover lane coming from the east. Additionally, the Conceptual Site Plan shows that access roads and a parking space have been provided to each RV site as per Chapter 35.138 (2.g). As such, no additional off- street parking is required. Moreover, the roads inside the resort have been designed as “Private Streets”. Finally, in an effort to alleviate the intensity created by transportation onto Hwy 58, as part of The Palace Resort Business Plan, van pooling services will be provided to our guests from the resort to Caesars Hotel & Casino, the racetracks, the downtown area and other tourist destinations within the City of Danville. 8. MASTER PLAN OF DEVELOPMENT The Conceptual Site Plan has been designed in accordance and consistent with the Pittsylvania County Comprehensive Plan and the County Codes and Ordinances. The Palace Resort is consistent with the standards of the County Code & Ordinances in Chapters 17, 21, 35, 41, more specifically, Section 35.138, Campgrounds and 10.A.2.a Packet Pg. 136 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 58 Recreational Vehicle/Camper Areas. The Conceptual Site Plan shows 454 RV sites, recreational amenities such as pools, a lake, tennis courts, pickle ball courts, dog parks and other recreational areas. The minimum lot size required in this district is three acres of land. The subject property has 91 acres. As per the County Codes & Ordinance, the maximum density allowed for this district is 20 sites per acre. The Conceptual Site Plan calls for a total of 454 sites or 5 sites per acre, well below the requirements of Section 2.d. A separation distance of (10) feet is required between units set on RV lots and adjacent lot lines. Front yards, that portion of the lot between the unit and a public or private street in the campground, shall be no less than twenty (20) feet in depth which shall include the distance from the unit to the right-of-way line for the street. The conceptual Site Plan shows that the separation distance between units is at least, 20 feet for adjacent lot lines. Additionally, due to the length in sizes of the three typical RV sites; back-in 66’.4”, pull- thru at 132’.8” and premium sites 150’-10”, every site will have more than the required 20 feet from the unit and a public or private street. Open Space Recreation Area requires that no less than five (5) percent of the gross area of the facility shall be reserved as common open space and recreation facilities exclusive of required exterior boundary setbacks areas, pedestrian ways, parking bays, public & private streets and community storage facilities. The subject property is 91 acres. This section requires that 5% or 4.55 acres of Open Space/Recreational Areas. In addition to the amenities shown, open areas and a lake the size of 7-8 acres, the Conceptual Site Plans shows a total of 47.84 acres of open space in addition to the 5.29 acres for recreational areas, far exceeding the requirements of Section 2.f. At least, one (1) off-street parking space on ten (10) feet by twenty (20) feet shall be provided for each lot or space, on or adjacent to the lot or space, and/or a total of two hundred (200) square feet. A consolidated parking area within sixty (60) feet of the lots 10.A.2.a Packet Pg. 137 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 59 or spaces may be used to provide required space. The Conceptual Site Plan shows one off-street parking space 10 feet X 20 feet provided at each site with additional parking near the offices and Clubhouse building. Although architectural or engineered construction drawings have not been created at this time, the applicant will abide by Section 2.h., Maximum Height of Buildings, that requires that buildings in this district will be limited to 35 feet in height. The subject property will have signs, more specifically, at the entrance of the resort visible from Riverside Drive and in accordance with Section 2.i. The Palace Resort will be a transient resort and consist of 454 RV sites, some with “casitas”. However, although “casitas” will be erected on some of the premium sites, they will be built in accordance with state and local building codes but more importantly, will not be attached to any unit whatsoever, or built in a manner that would inhibit the ability of the unit to me moved. The subject property abuts to two applicant owned commercial properties who abut to the ROW of Riverside Drive (Hwy 58) and is within the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with water supply. The City of Danville has indicated that the water main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21 and Chapter 35 of the Pittsylvania County Code, the subject property will connect to City water. Furthermore, each RV site will have frost-free water lines & sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. 10.A.2.a Packet Pg. 138 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 60 The same applies to sewer. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties within the Economic Development corridor with sewer facilities. The City of Danville has indicated that the sewer main is located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, Chapter 21, Chapter 35 of the Pittsylvania County Code, the subject property will connect to City sewer. Furthermore, each RV site will have sewer hookups approved by the Health Department as all units allowed into the resort will be self-contained units. At this time, the Conceptual Site Plan does not show Impervious Surface Ration (ISR) however, the proposed density is 5 units per acre. Furthermore, the existing pond has been increased to a 7.5-acre lake that will provide for stormwater drainage and retention for the subject property. The applicant will coordinate with the County & City of Danville Engineering Departments to design and meet the requirements for stormwater retention. 10.A.2.a Packet Pg. 139 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 61 13830 SW 28 Street Miami, Florida 33175 (305) 219-2558 Jcubasholdings@aol.com July 10th, 2022 Mrs. Emily Ragsdale, Director Community Development Pittsylvania County 1 Center Street Chatham, Va. 24531 Re: Letter of Intent - Comprehensive Plan Amendment, Atlas Amendment & Rezoning The Palace Resort Dear Mrs. Ragsdale: J. Cubas Holdings, LLC will be the developer of The Palace Resort if the Comprehensive Plan Amendment, Atlas Amendment & Rezoning request to Campgrounds and Recreational Vehicle/Camper Areas is approved. Our company and its partners intend to develop the subject property as follows: 1. The Palace Resort will be a “first-class”, luxury rental only recreational vehicle resort with 454 RV sites. As per the Pittsylvania County Codes & Ordinances, the land area for this RV resort is greater than three acres, more specifically, ninety- one acres. Each RV site shown on the Conceptual Site Plan has a minimum width of, at least, thirty feet and a minimum are of 1991 square feet. 2. We intend to have recreational facilities as shown on the Conceptual Site Plan and while the specific uses may not be finalized at this time, we are proposing a 10.A.2.a Packet Pg. 140 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 62 clubhouse with a bar & grille, game rooms, gym, swimming pool, tennis courts, pickle ball courts, shuffleboard and dog parks. 3. The locations of RV sites, streets, and access are shown on the Conceptual Site Plan that accompanies this application for a Comprehensive Plan Amendment, Atlas Amendment & Rezoning. 4. As per Section 35.138 of the Pittsylvania county Code & Ordinance, no “on-street” parking is proposed as each site has been provided with one parking space with the minimum size of 10 X 20 as per County Code. 5. The buffers or setbacks provided in the Conceptual Site Plan are greater than those required by the County Code in Chapters 35.138, 35. 177 and 35.17 where an untouched forestall vegetative buffer, ranging from 80 to 530 feet, as shown on the Conceptual Site Plan, will remain along the perimeter of the resort to the park adjoins other lot lines with residential or agriculture districts not zoned for an RV park or campground. 6. Retail and/or personal service uses for the guests of this resort, if any, will be located in the enclosed clubhouse and/or office building as per the Pittsylvania County Code. 7. Although a laundry building is not shown on the Conceptual site Plan, the area for laundry, exclusively for the use by guests, will be located in an enclosed or dedicated area within the clubhouse. 8. There are no water courses or bodies of water that affect the subject property. A small pond exists on the south-side of the property that will be enlarged into a 7.5-acre lake for stormwater retention. Retention areas will be developed to provide the required treatment and attenuation of stormwater with a layout similar to that shown on the Conceptual Site Plan. 10.A.2.a Packet Pg. 141 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 63 9. The subject property abuts to the ROW on Riverside Drive (Hwy 58) and is withing the Economic Development corridor which follows the County’s main transportation routes. Through a service agreement with Pittsylvania County, the City of Danville services the adjacent properties with water & sewer. The City of Danville has indicated that the water & sewer mains are located approximately 600 feet from the subject property. In accordance with the Pittsylvania County Comprehensive Plan, County Code Chapter 35, County Ordinance Chapter 21, Article I, Sections 21-2 & 21-3, the subject property will connect to water & sewer. 10. Once the entitlement approvals have been received, we will commence the pre- development phase of the resort to submit and secure development approvals. We intend to start the development of the resort within 90 days after receiving development approvals and complete the development prior to the grand opening of Caesars Danville. Respectfully, Joe Cubas, Manager J. Cubas Holdings, LLC The Palace Resort, LLC 10.A.2.a Packet Pg. 142 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 64 RV INDUSTRY ASSOCIATION OF AMERICA With offices in Reston, VA and Elkhart, IN, the RV Industry Association is the leading trade voice of the $140 billion dollar RV industry, representing approximately 450 manufacturers and component and aftermarket suppliers who together produce 98 percent of all RVs made in the United States, and approximately 60 percent of RVs produced worldwide. The association works with federal and state lawmakers and regulators to pursue a favorable business environment for its members, is the leading source of research, data, and analysis about the RV industry, and seeks to grow and expand the RV consumer market while cultivating a positive experience for current RVers through its Go RVing program. The association also maintains an inspection program that audits the compliance of RV manufacturers to plumbing, heating, fire and life safety, and electrical systems codes and provides an ongoing Federal Motor Vehicle Safety Standards education program for its members, as well as provides the only industry-backed training program for RV service technicians through the RV Technical Institute. The RV industry is committed to promoting exploration, adventure, and responsible recreation, while advocating for innovation and conservation in our business practices. As an association, we encourage and promote sustainability, diversity, safety, and the many community activities of our member companies. Find out how the RV industry and our partners in the outdoor segment are working together to create accessible, inclusive, and lasting positive experiences for millions of Americans looking to enjoy the benefits of an active outdoor lifestyle. 10.A.2.a Packet Pg. 143 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 65 RVs Move America Economic Impact Study There is a fundamental change happening in the way Americans travel, work, and live. More and more people are choosing RVs as their preferred option for travel as they prioritize spending time in the great outdoors and embracing the freedom that comes with RVing. Just how much the RV industry has grown is captured in the new RVs Move America Economic Impact Study, produced by the RV Industry Association. The study revealed that the RV industry has an overall annual economic impact to the US economy of $140 billion, supporting nearly 680,000 jobs, and paying more than $48 billion in wages. This is a 23% increase in economic output in the past three years. The $140 billion total annual RV industry economic impact includes: • $73.7 billion generated by RV manufacturers and suppliers • $35.7 billion by RV campgrounds and related travel • $30.5 billion by RV sales and service activities In addition to the economic impact, the RV industry pay $13.6 billion in federal, state, and local taxes. The RVs Move America Economic Impact Study includes all companies involved in the manufacture, sale, rental, repair, storage, and service of RVs, as well as in the aftermarket industry, financing, and insurance of RV purchases. The economic impact of campgrounds and trip spending during RV travel is also captured in the report. Exhibits R and R-1, Exhibits S and S-1, provide detailed information about the economic contributions generated by the U.S. recreation vehicle industry in the US and more importantly, in the Commonwealth of Virginia and North Carolina, respectively. 10.A.2.a Packet Pg. 144 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 66 VIRGINIA'S ANNUAL ECONOMIC IMPACT $484 Million $399 Million $750 Million 409 8,197 $516 Million $145 Million 10,247 $449 Million $2 Billion EXHIBIT R John Dunham & Associates www.rvsmoveamerica.orgPublished 2022 Direct Economic Impact Jobs Wages Output RV Manufacturers & Suppliers 508 $38,988,700 $344,002,400 RV Sales & Service 867 $56,020,600 $162,380,500 RV Campgrounds & Travel 3,010 $143,742,500 $302,619,400 Total 4,385 $238,751,800 $809,002,300 Indirect Economic Impact Jobs Wages Output Agriculture 44 $1,167,900 $3,018,000 Mining 8 $555,800 $3,515,800 Construction 18 $1,136,000 $4,392,200 Manufacturing 74 $5,180,000 $28,387,500 Wholesale 37 $3,675,400 $11,455,800 Retail 22 $876,300 $2,761,600 Transportation & Communication 210 $18,267,200 $68,929,900 Finance, Insurance & Real Estate 378 $20,013,000 $97,832,800 Business & Persona. Services 512 $42,618,200 $78,115,900 Travel & Entertainment 137 $4,674,000 $9,091,100 Government 31 $3,149,700 $6,659,800 Other 0 $0 $0 Total 1,471 $101,313,500 $314,160,400 Induced Economic Impact Jobs Wages Output Agriculture 69 $1,380,200 $4,968,000 Mining 4 $527,900 $1,757,500 Construction 15 $948,800 $3,592,400 Manufacturing 163 $53,998,800 $87,040,200 Wholesale 54 $5,415,100 $18,364,400 Retail 258 $9,441,000 $26,495,300 Transportation & Communication 141 $12,128,600 $44,574,900 Finance, Insurance & Real Estate 471 $25,089,700 $196,572,200 Business & Personal Services 805 $52,928,400 $95,715,100 Travel & Entertainment 277 $8,521,100 $20,993,100 Government 27 $2,670,100 $7,235,700 Other 57 $2,413,100 $3,168,000 Total 2,341 $175,462,800 $510,476,800 Jobs Wages Output Total Economic Impact 8,197 $515,528,100 $1,633,639,500 Tax Impact Federal Taxes State Taxes Total Taxes Business Taxes $90,457,000 $54,094,700 $144,551,700 VIRGINIA EXHIBIT R-1 NORTH CAROLINA'S ANNUAL ECONOMIC IMPACT $2 Billion $630 Million $976 Million 672 13,907 $1 Billion $182 Million 12,903 $515 Million $3 Billion EXHIBIT S John Dunham & Associates www.rvsmoveamerica.orgPublished 2022 Direct Economic Impact Jobs Wages Output RV Manufacturers & Suppliers 2,448 $217,054,800 $1,525,342,800 RV Sales & Service 1,473 $95,057,500 $239,743,200 RV Campgrounds & Travel 4,221 $196,207,200 $370,449,300 Total 8,142 $508,319,500 $2,135,535,300 Indirect Economic Impact Jobs Wages Output Agriculture 60 $2,112,700 $6,488,500 Mining 5 $242,100 $1,837,900 Construction 25 $1,448,200 $5,407,100 Manufacturing 147 $10,310,100 $59,499,600 Wholesale 78 $7,077,200 $22,391,300 Retail 41 $1,663,900 $4,665,200 Transportation & Communication 323 $25,938,200 $88,664,400 Finance, Insurance & Real Estate 531 $27,879,300 $139,485,400 Business & Persona. Services 760 $51,345,800 $97,385,500 Travel & Entertainment 169 $5,947,400 $11,019,500 Government 36 $3,502,100 $6,164,500 Other 0 $0 $0 Total 2,175 $137,467,000 $443,008,900 Induced Economic Impact Jobs Wages Output Agriculture 94 $3,328,500 $15,224,300 Mining 2 $237,200 $862,900 Construction 22 $1,333,600 $4,818,800 Manufacturing 359 $251,833,600 $193,848,900 Wholesale 93 $10,228,500 $29,922,100 Retail 443 $15,835,800 $41,500,300 Transportation & Communication 223 $19,217,700 $64,003,500 Finance, Insurance & Real Estate 618 $35,001,100 $244,966,700 Business & Personal Services 1,200 $75,762,600 $133,822,600 Travel & Entertainment 441 $13,301,000 $31,655,100 Government 31 $2,894,700 $6,936,400 Other 64 $2,344,500 $3,104,400 Total 3,590 $431,318,800 $770,666,000 Jobs Wages Output Total Economic Impact 13,907 $1,077,105,300 $3,349,210,200 Tax Impact Federal Taxes State Taxes Total Taxes Business Taxes $128,491,100 $53,018,500 $181,509,600 NORTH CAROLINA EXHIBIT S-1 10.A.2.a Packet Pg. 145 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) 67 Market Report-May 2022 Results for the RV Industry Association’s May 2022 survey of manufacturers determined that total RV shipments ended the month with 50,529 units, the best May on record and an increase of 2.6% compared to the 49,241 units shipped during May 2021 as shown in Exhibit T. Through May, RV shipments are up 11.8% compared to the same point last year with 279,038 wholesale shipments. “The summer RVing season is off to an incredible start with millions of Americans heading to their favorite outdoor destination to spend quality time with friends and family,” said RV Industry Association President & CEO Craig Kirby. “Thanks to the work of RV manufacturers and suppliers, consumers looking to purchase a new RV have more options to choose from as inventory continues to be rebuilt at RV dealerships across North America.” Towable RVs, led by conventional travel trailers, ended the month up 2.6% against last May with 45,608 shipments. Motorhomes finished the month up 3.2% compared to the same month last year with 4,921 units. Park Model RVs ended May up 35.2% compared to May 2021 with 411 wholesale shipments. To date, park model RVs are down (-0.8%) with 1,864 shipments. While early 2022 shipment results have been strong, we do see the market leveling off against 2021’s record numbers. The latest 2022 RV Roadsigns forecast projects RV shipments for 2022 to range between 537,800 and 561,900 units with a most likely year- end total of 549,900 units, an (-8.4%) decline from the 600,240 shipped in 2021. 10.A.2.a Packet Pg. 146 Attachment: R-22-029 The Palace Resort App (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-11C-1 EXISTING CONDITIONS SCALE: 1" = 140'10.A.2.bPacket Pg. 147Attachment: R-22-029 The Palace Resort Concept (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-2 SITE PLAN SCALE: 1" = 140'1C-210.A.2.bPacket Pg. 148Attachment: R-22-029 The Palace Resort Concept (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) MARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:PRELIMINARYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-3 SITE PLAN W/AERIAL SCALE: 1" = 140'1C-210.A.2.bPacket Pg. 149Attachment: R-22-029 The Palace Resort Concept (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) WSECWSECWSECWSECWSECWSECMARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:P R E L IM INA RYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-4 TYPICAL RV QUAD SITE (1,991 SQ. FT. EACH) SCALE: 1" = 10'1C-4 TYPICAL DRIVE-THRU RV SITE (3,982 SQ. FT.) SCALE: 1" = 10'2C-410.A.2.bPacket Pg. 150Attachment: R-22-029 The Palace Resort Concept (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) WSECWSECMARC P. MAIER, P.E.FL PROFESSIONAL ENGINEER LIC. # 72513PREPARED BY:P R E L IM INA RYNOT FOR CONSTRUCTIONPREPARED FOR:THE PALACERESORTC-5 TYPICAL DRIVE-THRU LUXURY RV SITE W/CASITA (5,308 SQ. FT.) SCALE: 1" = 10'1C-510.A.2.bPacket Pg. 151Attachment: R-22-029 The Palace Resort Concept (3443 : Public Hearing: Case R-22-029: J Cubas Holdings, LLC) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: November 15, 2022 Item Number: 12.a Attachment(s): Adams Violation Letter Adams Pictures Building Permit - 232 Sam Adams Rd Map - Location of Violation and Active Permit Solid Waste Violation Appeal - Robert Adams Reviewed By: SUMMARY: On September 23, 2022, a letter was sent to Robert Adams (“Adams”), owner of GPIN # 1462- 35-0995, notifying him of a Solid Waste Violation on the property. County Community Development Staff was conducting an inspection for an open Building Permit on adjacent property that is accessed through the subject property, when they noticed a large hole that had been filled with trash and debris and a large amount of scrap metal that was being stored on the subject property. This constitutes a violation of Pittsylvania County Code (“PCC”), Chapter 17, Solid Waste, which states, “It shall be unlawful to place solid waste in any street, alley, and stream, body of water, woods, or any other public place or upon private property. It shall be unlawful for the owner or the occupant of any real property to allow solid waste to remain upon the property more than thirty days after the owner or occupant knew or reasonably should have known of the presence of the solid waste.” Additionally, Chapter 17 also states “Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons disposing of such matter or in authorized facilities provided for such purpose and in no other manner not authorized by law.” In Virginia, personal trash and debris can be burned if it is considered clean, nonhazardous material, does not create dense smoke or noxious odors, and originated from the property where it is being burned; however, it cannot not be buried. Upon inspection, and shown in the attached pictures, the debris is in a hole and is partial covered with dirt. Moreover, Virginia Code allows for the burning of “clean” materials. This does not include construction materials, especially materials that are petroleum based. The attached pictures show wood with what appears to be lead paint, carpet, shingles, and plastic in the hole. Across the from the hole is a stockpile of scrap metal. Pictures of the scrap metal are also attached. The accumulation of these materials on the property constitutes a violation of PCC Chapter 17, Solid Waste. 12.a Packet Pg. 152 On October 3, 2022, Adams came into the Community Development Office and inquired about the process to appeal the Zoning Administrator’s determination that the material was in fact solid waste per PCC §§ 17-3(o) and 17-6. Per PCC § 17-7, Appeals, this matter is appealed to the Board. Accordingly, for the Board’s review and consideration, all relevant information, including the active Building Permit giving County Community Development Staff permission to be on the property, a map showing the locations, pictures taken by County Community Development Staff, the violation letter sent to Adams, and the appeal submitted by Adams are attached. FINANICAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: For the Board’s review and consideration. MOTION: For the Board’s review and consideration. 12.a Packet Pg. 153 12.a.a Packet Pg. 154 Attachment: Adams Violation Letter (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.a Packet Pg. 155 Attachment: Adams Violation Letter (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.a Packet Pg. 156 Attachment: Adams Violation Letter (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.bPacket Pg. 157Attachment: Adams Pictures (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.bPacket Pg. 158Attachment: Adams Pictures (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.bPacket Pg. 159Attachment: Adams Pictures (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.bPacket Pg. 160Attachment: Adams Pictures (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.c Packet Pg. 161 Attachment: Building Permit - 232 Sam Adams Rd (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) Legend Assessed Parcels County Boundary Title:Date: 11/7/2022 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 12.a.d Packet Pg. 162 Attachment: Map - Location of Violation and Active Permit (3445 : Solid Waste Violation Appeal (Staff 12.a.e Packet Pg. 163 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 164 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 165 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 166 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 167 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 168 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 169 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 170 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 171 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 172 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 173 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale)) 12.a.e Packet Pg. 174 Attachment: Solid Waste Violation Appeal - Robert Adams (3445 : Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale))