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06-20-2023 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, June 20, 2023 - 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 McCluster) b. July 3rd Work Holiday Approval (Staff Contact: Kaylyn McCluster, William Ingram) c. Resolution # 2023-06-03 (Johnson Mill Road VDOT Rural Rustic Roads Designation) Adoption (Staff Contact: Kaylyn McCluster) d. Pittsylvania County Sports Hall of Fame Congratulatory Induction Letters Transmission Approval (Staff Contact: Kaylyn McCluster) e. County's 2023 May Bill List Approval (Staff Contact: Kim VanDerHyde) f. CITAC Agreement Execution Approval (Staff Contact: Kim VanDerHyde, Vaden Hunt) g. Resolution # 2023-06-01 (Support for VDOT's Repair of 57 East Bridge) Adoption (Staff Contact: Robert Tucker) h. Resolution # 2023-06-02 (Declaring July 11 as Arlene Poindexter Davis Day in County) Adoption (Staff Contact: Tim Dudley, Robert Tucker) i. Certificate of Excellence (Taylor Grace Dodson; Schools’ Pinnacle Award (Highest GPA in all Schools)) Approval (Staff Contact: William Ingram) j. Certificate of Excellence Approval (Jessica M. Jones; California Casualty Award for Teaching Excellence) (Staff Contact: William Ingram) k. Thompson Road Notice to Abandon Declaration Approval (Staff Contact: Vaden Hunt) l. Service Weapon Purchase Approval (Captain Coleman) (Staff Contact: Michael Taylor) m. Janitorial Services Contract Award Approval (Staff Contact: Connie Gibson) n. Resolution # 2023-06-04 (Authorization for Submission of Equitable Access to Drinking Water Fund Application) Adoption (Staff Contact: Chris Adcock) o. Re-appointments (Library Board; DPCS) (Staff Contact: Kaylyn McCluster) p. Appropriations Approvals for Grants/School Bus Lease (Staff Contact: Kim VanDerHyde) q. Revised Danville/County Cost Sharing and Revenue Agreement for Megasite (Solar Siting Agreement Revenue Clarification) Approval (Staff Contact: Matthew Rowe) 8. PRESENTATIONS a. General Presentations (Board of Supervisors); (if any) 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. 1. Public Hearing: Case R-23-010: Samanthia Wiles Lipscomb; Rezoning from A-1, Agricultural District, to RC-1, Residential Combined Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Tucker) (Staff Contact: Emily Ragsdale) 2. Public Hearing: Case R-23-012: Joel Bryant; Rezoning from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Scearce). (Staff Contact: Emily Ragsdale) 3. Public Hearing: Case R-23-013 Kermit King: Rezoning from A- 1, Agricultural District, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Ingram). (Staff Contact: Emily Ragsdale) 4. Public Hearing: R-23-014 Clyde Hall, Jr.: Rezoning from B-2, Business District, General, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Warren). (Staff Contact: Emily Ragsdale) b. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: PCC Section 8-7 Revision (Tunstall Polling Location Change) Approval (Staff Contact: Kelly Keesee) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT 7.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Board Meeting Minutes Approval Staff Contact(s): Kaylyn McCluster Agenda Date: June 20, 2023 Item Number: 7.a. Attachment(s): 1. 05-16-2023 Work Session - DRAFT 2. 05-16-2023 Business Meeting - DRAFT 3. 05-23-2023 Special Called Meeting - Budget Approval - DRAFT 4. 06-08-2023 Special Called Meeting - DRAFT 5. 06-08-2023 Joint Meeting - Planning and BZA - DRAFT Reviewed By: SUMMARY: For the Board's review and consideration, attached are the following Board Meeting Minutes: (1) 05/16/2023 Work Session; (2) 05/16/2023 Business Meeting; (3) 05/23/2023 Special Called Meeting; (4) 06/08/2023 Special Called Meeting; and (5) 06/08/2023 Joint Meeting with Planning Commission and BZA. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the Board Meeting Minutes as attached and presented. 1 MOTION: "I make a Motion approving the Board Meeting Minutes as attached and presented." 2 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ WORK SESSION May 16, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Work Session was held on May 16, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (3:00 PM) Dalton called the Meeting to Order at 3:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District Timothy W. Dudley - Vice-Chairman, Staunton River District Timothy W. Chesher - Dan River District William V. (“Vic”) Ingram - Tunstall District Ronald S. Scearce - Westover District Robert M. Tucker, Jr. - Banister District Robert (“Bob”) W. Warren - Chatham-Blairs District APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approved) MOVER: Warren SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None PRESENTATIONS a. Introduction/SOVAH Update Steve Heatherly, SOVAH President, introduced himself to the Board and gave a brief update of recent happenings. He stated he has been here about four (4) months, and he was drawn here by the energy and passion he witnessed here for growth. Heatherly met with hundreds of people and spoke about the challenges that they still need to work through but was proud to say that they have not been on diversion any since January 23, 2023. He stated it is essential for them to partner together and he views the hospital as being a central community partner. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Litter Initiative Information Update Holly Keesee, Senior Administrative Assistant, provided the Board with an update on the County's new Litter Initiative. Previously, litter clean-up was handled by trustees within the Pittsylvania County Jail, VDOT contracted pickups, VDOT Adopt-A-Highway, and Camp 23. Future considerations include the possibility of waiving the landfill tipping fees for VDOT, a MOU 3 between the Sheriff's Office and VDOT, direct court-ordered community service, and extending the initiative to civic organizations. Warren did not like the idea of waiving the landfill tipping fees, because it sends the wrong message, as there are many other organizations who clean up but do not receive that benefit. The full presentation can be found on the County's website at www.pittsylvaniacountyva.gov. b. VDOT Tightsqueeze Road/US 29 Improvements Discussion Warren stated his support has changed for the proposed smart scale RCUT project at the Tightsqueeze/US 29 intersection, and he has received more calls from citizens regarding this project than he has received since he has been on the Board. He has concerns regarding the new U-turn section for large trucks, and due to the outcry from citizens, he recommended the Board send a letter to VDOT from the Board to reconsider this project and investigate other projects. Ingram and Dalton also agreed with Warren and voiced their concerns about this project. Motion to issue a letter from the Board thanking VDOT for their efforts in looking at this particular crossover and stating that the Board desires to follow the wishes of their citizens and request the abandonment of changing that intersection, and request consideration of using the $11.4 million dollars to possibly widen Dry Fork Road because of the traffic on that road. RESULT: 7-0 (Approved) MOVER: Warren SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None c. Strategic Needs Assessment Initiative Discussion Turille presented his forty-five (45) day Strategic Needs Assessment to the Board, which can be found on the County's website at www.pittsylvaniacountyva.gov. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 4:23 PM. RESULT: 7-0 (Approved) MOVER: Chesher SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) 4 Subject Matters: Jail and Hurt Properties Purpose: Review/Discussion Regarding the Potential Acquisitions of the Same for Public Purposes b. 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. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: Interim Dan River Board Member Appointment Purpose: Discussion of next steps c. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Operational Medical Director Resignation Purpose: Consultation with Legal Counsel/Legal Advice and Discussion Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:52 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on May 16, 2023, 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 William V. (“Vic”) Ingram Yes Ronald S. Scearce Yes Robert M. Tucker, Jr. Yes Robert (“Bob”) W. Warren Yes Timothy W. Dudley Yes Darrell W. Dalton Yes ADJOURNMENT Dalton adjourned the Meeting at 6:53 PM. 5 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING May 16, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on May 16, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Dalton called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; Timothy W. Chesher - Dan River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: • add VDOT Tightsqueeze improvements to Matters from Work Session; and •add Safety of Banister Bridge on 57 to New Business. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Chesher AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None CONSENT AGENDA Motion to approve Consent Agenda. RESULT: APPROVE 6 MOVER: Ingram SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None a. Board Meeting Minutes Approval b. County's 2023 April Bill List Approval c. DPCS Drug Treatment Court MOU Approval d. FY2023 Budget Amendments-Various e. Jail Medical Services Contract Award Approval f. Resolution # 2023-05-01 (VDOT Six (6)-Year Plan Approval) Adoption g. DRBDC Lease Renewal Approval h. Moseley Architects Jail Agreement Amendment # 2 Execution Approval i. Chatham Hall/Chatham Community Center Lease Approval j. Appointment: Planning Commission (Dan River District); (Justin Brown) k. Appointment: Dan River Business Development Center Board of Directors (Supervisor Dudley) l. Reappointment: Danville Community College Advisory Board (Ann Cassada) m. Resolution # 2023-05-02 (Honoring Timothy W. Chesher) Adoption PRESENTATIONS The Board presented Resolution # 2023-05-02 to Chesher thanking him for his service and leadership and wished him well in his future endeavors. HEARING OF THE CITIZENS Roy Van Der Hyde, Chatham-Blairs District, shared his concerns regarding the proposed revisions at the Tightsqueeze Intersection and thanked the Board for standing with the citizens in making this decision to stop this project. Chuck Angier, Callands-Gretna District, shared his concerns with the Operational Medical Directors resignation. He stated County residents need to know why emergency services may be put at risk. Kell Stone, Banister District, spoke about school safety and his concerns regarding children bringing guns to school, with the latest incident at Gretna Middle School. He stated that now is the time to be proactive and make changes for schools to better protect students. Brenda Bowman, Chatham-Blairs District, announced the dedication of the "LOVE" sign at the Olde Dominion Agricultural Complex on June 3, 2023, at 10:00 AM. She also shared that the annual Sports Hall of Fame Induction Ceremony will be held on June 25, 2023, at 1:00 PM, and she also thanked the Board for the congratulatory letters that will be presented to the inductees. Willie Fitzgerald, Banister District, stated he has a petition of approximately three hundred (300) signatures with concerns regarding the Bridge on 57 East and requested the Board for a letter of support when he presents this information at an upcoming meeting with VDOT. PUBLIC HEARINGS Other Public Hearings 7 1. FY 24 School Budget The Board held a Public Hearing to hear citizen input on the proposed Fiscal Year 2024 School Budget. Per Virginia law, said Budget will not be considered for adoption until seven (7) days after the Public Hearing. Dalton opened the Public Hearing at 7:31 PM. No one signed up to speak and Dalton closed the Public Hearing and 7:31 PM. 2. FY 24 County Budget The Board held a Public Hearing to hear citizen input on the proposed Fiscal Year 2024 County Budget. Per Virginia law, said Budget will not be considered for adoption until seven (7) days after the Public Hearing. Dalton opened the Public Hearing at 7:32 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:32 PM. NEW BUSINESS a. Resolution # 2023-05-03 (Writ of Special Election Petition/Order Filing Approval) Adoption Virginia Code § 24.2-226 requires a governing body, within fifteen (15) days of the occurrence of a vacancy on the governing body, to petition the Circuit Court for its jurisdiction to issue a Writ of Special Election to fill the vacancy. Said Special Election is required to be held no later than the next General Election in November, unless the vacancy occurs within ninety (90) days of the next such General Election, in which event it shall be held promptly, but no later than the second such General Election. As the Board’s Dan River Electoral District vacancy will occur on June 1, 2023, the Special Election must occur at the next General Election which is November 7, 2023. Resolution # 2023-05-03, directs the County Attorney to petition the County’s Circuit Court to issue a Writ of Special Election for a Special Election to be held on November 7, 2023, to fill the Board’s Dan River Electoral District vacancy. Motion to adopt Resolution # 2023-05-03 as presented. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None b. Discussion of 57 Bridge Safety Issues Tucker expanded on Fitzgerald's Hearing of the Citizens comments regarding the safety of the 57 one (1)-lane bridge. Tucker and Turille are meeting in Lynchburg with VDOT and desire a Resolution or letter of support to take with them. Tucker has asked for a traffic study and there is a possibility it will fail, which will allow a case to replace the bridge. Motion to draft letter of support. 8 RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Warren AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None MATTERS FROM WORK SESSION a. VDOT U.S. 29/TIGHTSQUEEZE POTENTIAL IMPACTS Motion to direct County Staff to send a letter to VDOT, respectfully asking them to abandon the potential U.S. 29/Tightsqueeze improvements due to citizen complaints regarding safety and convenience issues, and to repurpose the related funding for other, more impactful road improvements in the County such as the widening of Dry Fork Road. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None BOARD MEMBER REPORTS • Tucker stated it was an honor to serve with Chesher and he will be missed, but prayers will continue for him and his family. He thanked Keesee for filling in, and thanked Van Der Hyde and the Executive Team and Finance Committee for their work on the Budget. • Dudley thanked Chesher for his service and shared his appreciation for all he has done while on this Board. He thanked Warren and Tucker for their work on the Finance committee as it was a tough budget, as well as Van Der Hyde and Hunt. • Warren echoed the same sentiments for Chesher and stated it was a pleasure to get to know him and to meet his family tonight. He also thanked Van Der Hyde and Hunt for their hard work on this Budget, as well as Sheriff Taylor for working with the Board during the Budget process. • Scearce thanked Chesher for his service to the County and hates to see him leave. He also stated this was the sixth (6th) year of having a balanced budget with no tax increase, which is very difficult, and he thanked staff and the Finance Committee for their hard work on this Budget. • Ingram shared that National Police Week is in May and to remember those who have passed and their families. He congratulated Dr. Jessica Jones, a teacher at Tunstall High School, who recently won a National Award for Teaching Excellence, and Raymond Ladd, a Tunstall High School pitcher, who recently signed with the Danville Otterbots. He asked to remember Donald Rickets as he is currently battling cancer. Ingram also stated that he 9 hates to see Chesher go, but he will continue to pray for him as he continues to fight his battle with cancer. • Dalton thanked all County Staff, citizens, and the Board for a long day of meetings. He also thanked Chesher for his time on the Board, his ideas, and the positive difference he has made. He also stated he enjoyed working with him and will continue to keep him and his family in his thoughts and prayers during this time. Dalton shared he had the privilege of attending the Pittsylvania County/Caswell Livestock Show at ODAC on April 28, 2023, and April 29, 2023, and he encouraged citizens to attend to see how much time those children work with the animals, how appreciative they are, and to support them. • Chesher thanked everyone on the Board and stated he learned a lot from this experience. He was overwhelmed in the beginning, but everyone helped him and he is so appreciative. Stepping down is one of the hardest things that he has done and he has had an outpouring of support from County citizens since his resignation. He stated the County employees are a great asset and he thanked everyone for their kindness. COUNTY ADMINISTRATOR/COUNTY ATTORNEY REPORTS • Turille welcomed Diana McFarland as the County's new Public Relations Manager, effective June 1, 2023. • Hunt shared sentiments about Chesher's departure and stated he will be missed. ADJOURNMENT Dalton adjourned the Meeting at 8:02 PM. 10 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ SPECIAL CALLED MEETING – BUDGET APPROVAL May 23, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Special Called Meeting was held on May 23, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (4:00 PM) Dalton called the Meeting to Order at 4:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; Timothy W. Chesher - Dan River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (APPROVE) MOVER: Warren SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None NEW BUSINESS a. FY 2024 School Budget Approval Motion to approve the County School FY 24 Budget in the amount of $127,825,088 as presented. RESULT: 7-0 (APPROVE) MOVER: Tucker SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 11 b. FY 2024 County Budget Approval; Resolution # 2023-05-04 Approval Motion to approve the FY 24 County Budget, in the amount of $232,916,421, and Resolution # 2023-05-04 as presented. RESULT: 7-0 (APPROVE) MOVER: Warren SECONDER: Chesher AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None ADJOURNMENT Dalton adjourned the Meeting at 4:08 PM. 12 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ SPECIAL CALLED MEETING June 8, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Special Called Meeting was held on June 8, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (4:00 PM) Dalton called the Meeting to Order at 4:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (APPROVE) MOVER: Warren SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram NAYS: None ABSTAIN: None CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 4:04 PM. RESULT: 7-0 (APPROVE) MOVER: Tucker SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram NAYS: None ABSTAIN: None 13 a. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Operational Medical Director Resignation Purpose: Consultation with Legal Counsel/Legal Advice and Discussion Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 5:12 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 June 8, 2023, 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 William V. (“Vic”) Ingram Yes Ronald S. Scearce Yes Robert M. Tucker, Jr. Yes Robert (“Bob”) W. Warren Yes Timothy W. Dudley Yes Darrell W. Dalton Yes ADJOURNMENT Dalton adjourned the Meeting at 5:14 PM. 14 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS JOINT MEETING WITH PLANNING COMMISSION AND BOARD OF ZONING APPEALS June 8, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Joint Meeting was held on June 8, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (5:30 PM) Dalton called the Meeting to Order at 5:30 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. The following Planning Commission Members were present: Fred Webb Janet Mease Colette Henderson Justin Brown Richard Waters The following Board of Zoning Appeals Members were present: Ronald Merricks Carroll Yeaman APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 6-0 (APPROVE) MOVER: Tucker SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram NAYS: None ABSTAIN: None 15 PRESENTATIONS a. Zoning Ordinance Update Presentation (Staff Contact: Emily S. Ragsdale); (Presenter: The Berkley Group) Caroline Vanterve, Planner, 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 Dalton adjourned the Meeting at 6:44 PM. 16 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: July 3rd Work Holiday Approval Staff Contact(s): Kaylyn McCluster, William Ingram Agenda Date: June 20, 2023 Item Number: 7.b. Attachment(s): None Reviewed By: SUMMARY: Recently, the Virginia Supreme Court has granted Monday, July 3, 2023, as additional time off for the July 4th Holiday. Supervisor Ingram has recommended the County follow suit. Per the County's Personnel Plan, this additional time off needs to be approved by the Board. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the additional holiday time for July 3, 2023, and authorize the County Administrator to notify all departments of the same. MOTION: "I make a Motion approving additional holiday time for July 3, 2023, and authorize the County Administrator to notify all departments of the same." 17 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2023-06-03 (Johnson Mill Road VDOT Rural Rustic Roads Designation) Adoption Staff Contact(s): Kaylyn McCluster Agenda Date: June 20, 2023 Item Number: 7.c. Attachment(s): 1. 2023-06-03 VDOT Rural Rustics additions Reviewed By: SUMMARY: Virginia Code § 33.1-70.1 permits the hard surfacing of certain unpaved roads that qualify for designation as a Rural Rustic Road. For the Board’s review and consideration, attached is Resolution # 2023-06-03, declaring Johnson Mill Road as Rural Rustic; thereby, enabling them to potentially qualify for future paving/hard surfacing Rural Rustic Road Funds. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2023-06-03 as attached and presented. MOTION: “I make a Motion adopting Resolution # 2023-06-03 as attached and presented.” 18 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-06-03 _____________________________________________________________________________ RURAL RUSTIC ROADS DESIGNATION VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, June 20, 2023, in the Board Meeting Room, the following Resolution was presented and adopted: WHEREAS, §33.2-332, Code of Virginia, 1950, as amended, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board desires to consider whether the following Routes should be designated a Rural Rustic Road: • Route 683 (Johnson Mill Road), From: Route 938 (N Meadows Road) to 0.8 miles north of Route 938 WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on these roads; and WHEREAS, the Board believes that these roads should be so designated due to their qualifying characteristics; and WHEREAS, these roads are on the Board’s Six (6)-Year Plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that these roads be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the roads in their current state; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Virginia Department of Transportation’s Residency Administrator. Given under my hand this 20th day of June, 2023. Recorded Vote: A Copy Teste: Moved By: _____________ Seconded By: ___________ ___________________________ Yeas: ___ Printed Name: Stuart Turille, Jr._ Nays: ___ Title: County Administrator____ 19 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Pittsylvania County Sports Hall of Fame Congratulatory Induction Letters Transmission Approval Staff Contact(s): Kaylyn McCluster Agenda Date: June 20, 2023 Item Number: 7.d. Attachment(s): 1. 2023 Sports Hall of Fame Letters - FINAL Reviewed By: SUMMARY: The Pittsylvania County Sports Hall of Fame 2023 Induction Ceremony will be held on Sunday, June 25, 2023, at 1:00 PM, at the Chatham Community Center. There will be fourteen (14) inductees from the County. For the Board’s review and consideration for transmission, attached are related letters. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the transmission of the attached letters. MOTION: “I make a Motion to approve the transmission of the attached letters." 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's 2023 May Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: June 20, 2023 Item Number: 7.e. Attachment(s): None Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review and approve payments made by the County as oversight of County Fund expenditures. For the Board's review and consideration, the County's May Bill List is found at the link below: https://weblink.pittgov.net/WebLink/Browse.aspx?id=480703&dbid=0&repo=Pitt GovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2023 May Bill List as presented. MOTION: “I make a Motion approving the County’s 2023 May Bill List as presented.” 35 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: CITAC Agreement Execution Approval Staff Contact(s): Kim VanDerHyde, Vaden Hunt Agenda Date: June 20, 2023 Item Number: 7.f. Attachment(s): 1. Board of Supervisors Executive Summary CITAC Officers Agreement 21 February 2023 2. Mutual Aid re CITAC AGREEMENT - Revision 8 June 2023 Reviewed By: SUMMARY: Previously, the Board voted to approve the Crisis Intervention Agreement with Danville-Pittsylvania Community Services ("DPCS") to provide a deputy/deputies to work in the new Crisis Intervention Center. This Agreement stated that the deputy/deputies would be employees of the County Sheriff's Office ("PCSO"), but would be permanently stationed at the Crisis Intervention Center, located in the City of Danville. Sheriff Taylor was concerned that the deputy/deputies would not have the lawful authority to serve in this capacity, because the statute only provides for a three hundred (300) yard boundary outside of the jurisdiction. Accordingly, for the Board's review and consideration, attached is a Agreement between the County's Sheriff and the Danville Chief of Police/Danville Sheriff giving the deputy/deputies the lawful authority to permanently work Danville. FINANCIAL IMPACT AND FUNDING SOURCE: DPCS has received grant funding from the Virginia Department of Behavioral Health and Developmental Services to cover the total personnel cost provided by the PCSO. Approval to appropriate any grant funding received from this grant was approved by the Board at its February 21, 2023, Business Meeting. RECOMMENDATION: 36 County Staff recommends the Board approve the Agreement as attached and presented. MOTION: "I make a Motion approving the Agreement as attached and presented." 37 38 39 40 41 42 43 44 45 46 MUTUAL AID AGREEMENT 1 THIS AGREEMENT, made and entered into this _____ day of _________, ___________ by and between; THE SHERIFF OF THE COUNTY OF PITTSYLVANIA, VIRGINIA, THE CHIEF OF POLICE FOR THE CITY OF DANVILLE, THE SHERIFF OF THE CITY OF DANVILLE, VIRGINIA, THE COUNTY OF PITTSYLVANIA, VIRGINIA AND THE CITY OF DANVILLE VIRGINIA. HEREBY WITNESSETH: WHEREAS, the parties hereto are Sheriffs as defined by Article VII. Local Government Section 4. of the Constitution of Virginia County the Code of Virginia § 15.2-1609 and WHEREAS, the governing bodies of cities within the Commonwealth of Virginia where police departments are established; and WHEREAS, it is the desire of the parties hereto to enter into a Mutual Aid AGREEMENT in accordance with the provisions of §15.2-1736, and any successor statute, of the Code of Virginia; and WHEREAS, §15.2-1736 of The Code of Virginia authorizes such Mutual Aid Agreements; and WHEREAS, the Sheriffs and local governments who are parties to this Agreement, have determined that the provision of police aid across jurisdictional lines, and the ability of police officers and sheriffs and their deputies to make arrests across jurisdictional lines, will increase their ability to maintain peace and good order throughout the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an AGREEMENT concerning mutual aid and cooperation and with regard to law enforcement; and WHEREAS, the parties desire that the terms and conditions of this Mutual Aid AGREEMENT be established; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual benefits to be derived from this police Mutual Aid Agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide police support to the jurisdictions which are parties to this AGREEMENT with the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. The term "law-enforcement officer' as used in this AGREEMENT shall mean and be limited to the Sheriff and such deputies who have law enforcement and corrections certification from the Virginia Department of Criminal Justice Services and comply with minimum qualifications of §15.2-1705 and 47 MUTUAL AID AGREEMENT 2 §15.2-1706 of the Code of Virginia, any full-time or part-time employee of a police department or sheriff's office who is responsible for the prevention, detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth or of a city, town, or county of this Commonwealth, security of inmates, including any auxiliary police officers and auxiliary deputy sheriffs lawfully appointed. 3. Requests for assistance pursuant to the terms and conditions of this AGREEMENT may be made in person or by radio, telephone or any other method of communication, directly by and between supervisory law-enforcement officers on duty, or indirectly through supervisory administrative or dispatch personnel of any of the parties to this Agreement. 4. The personnel of the requested jurisdiction shall render such assistance under the direction of the Chief of Police or Sheriff or their respective designee of the requesting jurisdiction. Responding personnel should report to the person and/or location identified in the initial request for assistance. Supervision of the incident will be determined by the requesting agency. Once the mutual aid request is made, the requesting agency should determine the best method of communication. If the agencies have common radio channels, they should utilize the best appropriate frequency, if there is no common frequency between the agencies, arrangements should be made so communication is available to the requested agency. This can be done in person, by cell phone, or by issuing a radio with the necessary frequency. 5. Law enforcement support provided pursuant to this AGREEMENT may include, but not be limited to the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. 6. Nothing contained in this AGREEMENT shall in any manner be construed to compel any of the parties hereto to respond to a request for police support when the law enforcement officers of the jurisdiction to whom the request is made are, in the opinion of the requested jurisdiction, needed or are being used within the boundaries of that jurisdiction, nor shall any such request compel the requested jurisdiction to continue to provide police support to another jurisdiction when its law enforcement officers or equipment, in the opinion of the requested jurisdiction, are needed for other duties within the boundaries of its own jurisdiction. 7. In those situations not involving the provision of mutual aid upon request, any Crisis Intervention Team Assessment Center (CITAC) deputy of the Pittsylvania County Sheriff’s Office will have jurisdictional authority throughout the City of Danville. Any law enforcement officer of the Pittsylvania County Sheriff’s Office working the CITAC assignment will be afforded the same jurisdictional authority 48 MUTUAL AID AGREEMENT 3 as afforded the CITAC deputy and must be trained to at least the minimum standards identified by the program. 8. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the police department or sheriff’s office of the locality whose court has original jurisdiction over the offense. Entering law-enforcement officers shall promptly notify the police department or sheriff s office of the entered locality upon discovery of a crime which a court of the entered locality has original jurisdiction. 9. All law enforcement officers of the parties to this AGREEMENT who are acting pursuant to this AGREEMENT shall be granted authority to enforce the laws of the Commonwealth of Virginia and laws and ordinances of the locality within which they are present and to perform the other duties of a law enforcement officer in each jurisdiction subscribing to this Agreement; such authority shall be in conformance with §15.2-1736, and any successor statute, of the Code of Virginia and any other section of the Code of Virginia that may be applicable. 10. All law enforcement officers of the parties to this AGREEMENT who are acting pursuant to this AGREEMENT shall have the same powers, rights, benefits, privileges, and immunities in each jurisdiction subscribing to this Agreement, including the authority to make arrests in each such jurisdiction subscribing to this Agreement, as he has within the locality where he is employed. 11. The services performed, and expenditures made under this AGREEMENT shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the local government within its boundaries shall extend to its participation in rendering assistance outside its boundaries. 12. It is understood that for the purpose of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party receiving assistance. 13. All pension, relief disability, worker's compensation, life and health insurance, and other benefits enjoyed by said employees shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the primary employing jurisdiction. 14. Each party agrees that, in activities involving the rendering of assistance to a requesting jurisdiction pursuant to this Agreement, each party shall (i) waive any and all claims against all other parties hereto which may arise out of their activities outside their respective jurisdictions; and (ii) 49 MUTUAL AID AGREEMENT 4 indemnify hold and save harmless to the extent it is legal to do so the other parties from all claims by third parties for property damage or personal injury which may arise out of the activities of the other parties outside their respective jurisdictions, it is expressly understood that the provisions of this paragraph shall not apply to the entry of law enforcement officers into another jurisdiction pursuant to paragraph 7 of this Agreement. This AGREEMENT does not constitute a waiver of any parties' right to sovereign immunity or any other form of immunity any party may enjoy or be entitled to. 15. The parties shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. Neither shall the parties be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement. 16. This AGREEMENT amends and replaces the previous written AGREEMENT by these parties pursuant to §15.2-1736 of the Code of Virginia. 17. Withdrawal. Any party of this AGREEMENT shall have the right to withdraw from this Agreement, with or without cause, by giving written notice to the other parties by certified mail, return receipt requested. Any withdrawal shall be effective thirty (30) days after receipt of notice of withdrawal. This AGREEMENT shall be presumed to be in full force and effect unless and until notice of withdrawal shall be produced in the event the question of continuing effect of this AGREEMENT shall arise in any judicial or administrative proceeding. In the event one or more parties withdraws, this AGREEMENT shall continue in full force and effect as to the remaining parties. 18. Succession of Sheriffs. It is the intention of the parties that this AGREEMENT shall be of a continuous duration and remain in effect even if any of the Sheriffs who are in the parties to this AGREEMENT leave office. Should any of the Sheriffs who are parties to this AGREEMENT leave office, this AGREEMENT shall continue and remain in full force and effect in the jurisdiction of the Sheriff who has left office, provided that his successor shall within thirty (30) days of taking office, give written notice to the Clerk of the City Council of Danville, Virginia and the Clerk of the Board of Supervisors of Pittsylvania County, Virginia stating his intention to remain a part of this Agreement. Should such written notice is not provided within (30) days of taking office, the successor Sheriff shall be deemed to have withdrawn from this Agreement. 19. Completeness of Agreement. This AGREEMENT represents the entire and integrated AGREEMENT between the parties and supersedes all prior negotiations, or representations, either oral or written. This AGREEMENT may be amended only by written instruments signed by authorized representatives of the participating jurisdictions. 50 MUTUAL AID AGREEMENT 5 20. Gender. Any word importing the masculine gender used in this AGREEMENT may extend to and be applied to females as well as males. 21. AGREEMENT Custodians. The Clerk of the Board of Supervisors of Pittsylvania County, Virginia and the Clerk of the City Council of the City of Danville, Virginia shall retain original signed copies of this AGREEMENT and shall be the custodian thereof and authorized to make and distribute attested or authenticated copies of the Agreement. 22. Effective Date and Duration of Agreement. This AGREEMENT shall be in effect for a period of four (4) years beginning at 12:01 a.m. __________ (month), ________ (day), __________ (year) or at such later time as all of the parties have endorsed this Agreement and shall terminate at 11:59 p.m. on __________ (month), ________ (day), __________ (year). The undersigned party hereby agrees to and enters into this Mutual Aid AGREEMENT, dated _____________ (month), ________ (day), __________ (year), by and between the Sheriff for Pittsylvania County, Virginia, the Sheriff for the City of Danville, Virginia, and the Chief of Police for the City of Danville, Virginia, Commonwealth of Virginia WITNESSETH THE FOLLOWING SIGNATURES: _______________________________________________ SHERIFF, COUNTY OF PITTSYLVANIA, VIRGINIA The forgoing instrument was acknowledged before me on ____________ (month), ________ (day), __________ (year) By: ____________________________________________________________ 51 MUTUAL AID AGREEMENT 6 _____________________________________________________ SHERIFF, CITY OF DANVILLE, VIRGINIA The forgoing instrument was acknowledged before me on ____________ (month), ________ (day), __________ (year) By: ____________________________________________________________ ______________________________________ CHIEF OF POLICE, CITY OF DANVILLE, VIRGINIA The forgoing instrument was acknowledged before me on ____________ (month), ________ (day), __________ (year) By: ____________________________________________________________ Notary Public My Commission expires: _______________ (month), ________ (day), __________ (year) ______________________________________ CITY MANAGER, CITY OF DANVILLE, VIRGINIA The forgoing instrument was acknowledged before me on ____________ (month), ________ (day), __________ (year) By: ____________________________________________________________ Notary Public My Commission expires: _______________ (month), ________ (day), __________ (year) 52 MUTUAL AID AGREEMENT 7 _________________________________________________________ County Administrator, County of Pittsylvania, Virginia The forgoing instrument was acknowledged before me on ____________ (month), ________ (day), __________ (year) By: ____________________________________________________________ 53 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2023-06-01 (Support for VDOT's Repair of 57 East Bridge) Adoption Staff Contact(s): Robert Tucker Agenda Date: June 20, 2023 Item Number: 7.g. Attachment(s): 1. 2023-06-01 Route 57 East Bridge Reviewed By: SUMMARY: At the Board's May 16, 2023, Business Meeting, Supervisor Tucker requested the Board send a letter to the Virginia Department of Transportation (“VDOT”) requesting it to reexamine the current impractical and unsustainable situation involving the 57 East Bridge, and take all necessary steps to either repair or replace the bridge in an expedited and efficient manner. For the Board's review and consideration, attached is Resolution # 2023-06-01 evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2023-06-01 as attached and presented. MOTION: "I make a Motion adopting Resolution # 2023-06-01 as attached and presented." 54 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-06-01 _____________________________________________________________________________ SUPPORT FOR VDOT’S REPAIR/REPLACEMENT OF 57 EAST BRIDGE VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, June 20, 2023, in the Board Meeting Room, the following Resolution was presented and adopted: WHEREAS, due to safety and weight concerns, the aging 57 East Bridge (“bridge”) in Pittsylvania County, Virginia (“County”), is currently restricted to one (1) passable lane; and WHEREAS, this lane closure is potentially dangerous and inconvenient to County citizens and businesses; and WHEREAS, heavy commercial trucks now must reroute, causing wasted time, energy, and money. NOW, THEREFORE, BE IT RESOLVED, the Board requests that the Virginia Department of Transportation (“VDOT”) reexamine the current impractical and unsustainable situation involving the bridge and take all necessary steps to either repair or replace the bridge in an expedited and efficient manner; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to VDOT. Given under my hand this 20th day of June, 2023. ________________________________________________ Darrell Dalton Chairman, Pittsylvania County Board of Supervisors ________________________________________________ Stuart J. Turille, Jr. Clerk, Pittsylvania County Board of Supervisors 55 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Resolution # 2023-06-02 (Declaring July 11 as Arlene Poindexter Davis Day in County) Adoption Staff Contact(s): Tim Dudley, Robert Tucker Agenda Date: June 20, 2023 Item Number: 7.h. Attachment(s): 1. 2023-06-02 Arlene Poindexter Davis Reviewed By: SUMMARY: Arlene Poindexter Davis (“Davis”) is a County citizen who resides in the Staunton River District and spent twenty-eight (28) years working for the Executive Administrative Office of the White House in Washington, D.C. Davis’ outstanding service to the White House is commended. Due to her provision of countless hours and years of dedication to the United States of America, the Board desires to honor her by proclaiming July 11th, Davis’ birthday, as “Arlene Poindexter Davis” in the County forever hereafter. For the Board's review and consideration, Resolution # 2023-06-02 is attached evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2023-06-02, attached, declaring July 11th as Arlene Poindexter Davis Day in the County. MOTION: "I make a Motion adopting Resolution # 2023-06-02, attached, declaring July 11th as Arlene Poindexter Davis Day in the County." 56 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-06-02 __________________________________________________________________________________________ RESOLUTION DECLARING JULY 11TH AS ARLENE POINDEXTER DAVIS DAY IN COUNTY VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, June 20, 2023, the following Resolution was presented and adopted: WHEREAS, Arlene Poindexter Davis (“Davis”), is a County citizen, who resides in the Staunton River District, and spent twenty-eight (28) years working for the Executive Administrative Office of the White House in Washington, D.C.; and WHEREAS, Davis served in the White House from January 3, 1967, to October 1, 1994, when she retired; and WHEREAS, during her tenure at the White House, she worked under seven (7) different Presidents; and WHEREAS, Davis was hired by the General Services Administration to clean the White House offices, and her initial pay was $1.53 per hour; and WHEREAS, Presidents Lyndon Johnson, Richard Nixon, Gerald Ford, Jimmy Carter, Ronald Reagan, George Bush, and Bill Clinton were in office during her years of service, and she had the opportunity to meet each of these Presidents, their First Ladies, the Vice-Presidents, and various influential Senate and House Representatives; and WHEREAS, according to Davis, she really loved working at the White House, as each day was interesting, and she saw so many important people, including Nelson Mandela; and WHEREAS, again per Davis, each new Administration brought different feelings into the White House, as well as different decorations, food, traditions, and customs; and WHEREAS, Davis’ outstanding service to the White House is commended, as is her provision of countless hours and years of dedication to the United States of America that led to this well-deserved recognition. NOW, THEREFORE BE IT RESOLVED, that the Board does hereby proclaim the day of July 11th, Davis’ birthday, as “Arlene Poindexter Davis” in the County forever hereafter; and NOW, THEREFORE, BE IT FINALLY RESOLVED that the Board hereby expresses its admiration to Davis for her outstanding service that has made her a significant figure in the County’s and Nation’s history. Adopted this 20th day of June, 2023. __________________________________________ Timothy W. Dudley, Vice-Chairman Pittsylvania County Board of Supervisors __________________________________________ Robert M. Tucker, Jr. Pittsylvania County Board of Supervisors __________________________________________ Darrell W. Dalton (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Stuart J. Turille, Jr., Clerk Pittsylvania County Board of Supervisors 57 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Excellence (Taylor Grace Dodson; Schools’ Pinnacle Award (Highest GPA in all Schools)) Approval Staff Contact(s): William Ingram Agenda Date: June 20, 2023 Item Number: 7.i. Attachment(s): 1. Certificate of Excellence - Taylor Dodson - Schools Pinnacle Award Reviewed By: SUMMARY: Taylor Grace Dodson ("Dodson"), a recent Tunstall High School Graduate, was awarded the Pittsylvania County Schools' Pinnacle Award for obtaining the highest GPA among all County Schools. The Board, via the attached Certificate of Excellence ("COE"), expresses its deepest congratulations and admiration to Dodson for this amazing achievement. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached COE honoring Dodson. MOTION: "I make a Motion approving the attached COE honoring Dodson." 58 59 7.j. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Excellence Approval (Jessica M. Jones; California Casualty Award for Teaching Excellence) Staff Contact(s): William Ingram Agenda Date: June 20, 2023 Item Number: 7.j. Attachment(s): 1. Certificate of Excellence - Jessica Jones - National California Casualty Award for Teaching Excellence Reviewed By: SUMMARY: On May 5, 2023, Jessica M. Jones ("Jones'), Tunstall High School Agricultural Education Teacher and FFA Advisor, was awarded the national California Casualty Award for Teaching Excellence. The Board, via the attached Certificate of Excellence, desires to express its deepest congratulations and admiration to Jones for this remarkable achievement. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached Certificate of Excellence honoring Jones. MOTION: "I make a Motion approving the attached Certificate of Excellence honoring Jones." 60 61 7.k. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Thompson Road Notice to Abandon Declaration Approval Staff Contact(s): Vaden Hunt Agenda Date: June 20, 2023 Item Number: 7.k. Attachment(s): 1. Thompson Road Reviewed By: SUMMARY: Reba Thompson (“Thompson”) owns 1340, 1380, and 1390 Thompson Road in the County’s Tunstall Magisterial District. Thompson intends to place a gate at the entrance to her property, which is currently at the end of Thompson Road. To place a gate at the entrance to the Thompson property, the last approximately 0.14-mile section of the road needs to be abandoned and removed from the Virginia Department of Transportation’s (“VDOT”) public highway system. There are no other properties served by the section of road proposed for abandonment. Per Virginia Code § 33.2-909, the procedure for the Board to abandon an existing road, or portion of a road, is as follows: (1) The Board must decide that no public necessity exists for the continuance of the public road; (2) After such an affirmative majority vote, the Board must send a formal notice of its intent to abandon the road to the VDOT Commissioner; (3) The Board must post notice in at least three (3) places on and along the road sought to be abandoned for at least thirty (30) days; (4) The Board must publish notice of its intent to abandon the road in two (2) or more issues of a newspaper having general circulation in the County; (5) The Board must then wait thirty (30) days for any interested party to request a Public Hearing of or related to the road abandonment; and (6) If a request for a Public Hearing does not occur, the Board, within the four (4) months of the thirty (30) day posting period, must pass an Ordinance or 62 Resolution requesting VDOT to abandon the road. For the Board’s review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None, other than advertising and posting costs. County Staff intends to charge these costs to Thompson. RECOMMENDATION: County Staff recommends the Board do the following related to potential abandonment of the portion of Thompson Road: (1) Make a Motion determining that no public necessity exists for the continuance of the public road; (2) After such an affirmative majority vote, authorize County Staff send a formal notice of its intent to abandon the road to the VDOT Commissioner; (3) Authorize County Staff post a notice, in at least three (3) places on and along the road sought to be abandoned, for at least thirty (30) days; (4) Authorize County Staff advertise notice of its intent to abandon the road in two (2) or more issues of a newspaper having general circulation in the County; (5) Wait thirty (30) days for any interested party to request a Public Hearing regarding the abandonment; and (6) If a request for a Public Hearing does not occur, the Board, within the four (4) months of the thirty (30) day posting period, pass an Ordinance or Resolution requesting VDOT to abandon the road. MOTION: “I make a Motion to follow the above-Staff Recommendation regarding the potential abandonment of the portion of Thompson Road.” 63 64 65 66 67 68 69 70 71 72 73 7.l. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Service Weapon Purchase Approval (Captain Coleman) Staff Contact(s): Michael Taylor Agenda Date: June 20, 2023 Item Number: 7.l. Attachment(s): None Reviewed By: SUMMARY: Retired Captain George T. Coleman ("Coleman") has requested to purchase his service weapon, a Glock 40 caliber, serial number YHW-478, per Virginia Code § 59.1-148.3. Coleman is eligible for this purchase, per this Virginia Code Section, since he served in the Sheriff's Office for more than forty-two (42) years. As with all transfers of firearms from the Sheriff's Office to eligible deputies at their retirement, a registered Federal Firearms Licensed dealer engaged in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms, will make the transfer. Coleman has submitted the required $1.00 for the purchase price. Said purchase price will be delivered to the County Treasurer with a letter of explanation. FINANCIAL IMPACT AND FUNDING SOURCE: Coleman's firearm will be purchased for $1.00. RECOMMENDATION: As authorized by Virginia Code § 59.1-148.3, County Staff recommends approving the transfer of Coleman's service weapon to him for $1.00. MOTION: “As authorized by Virginia Code § 59.1-148.3, I make a Motion approving the transfer of Coleman's service weapon to him for $1.00.” 74 7.m. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Janitorial Services Contract Award Approval Staff Contact(s): Connie Gibson Agenda Date: June 20, 2023 Item Number: 7.m. Attachment(s): 1. Contract 2. Bid Tabulation Sheet - Janitorial Services Reviewed By: SUMMARY: Recently, the County issued a Request for Proposal ("RFP") for Janitorial Services for twelve (12) County buildings and the Courthouse Complex. In response, the County received three (3) proposals, and ranked them accordingly on the criteria set in the RFP. With an annual cost of $131,840, the highest ranking vendor was Derricks's Cleaning, Inc. For the Board's review and consideration, attached are a potential contract for award and other related documentation. FINANCIAL IMPACT AND FUNDING SOURCE: Funding will come from the Buildings and Grounds Budget (Line # 100-4-043100- 317200). RECOMMENDATION: County Staff recommends the Board award the attached Janitorial Services contract to Derrick's Cleaning, Inc. MOTION: "I make a Motion awarding the Janitorial Services contract to Derrick's Cleaning, Inc." 75 County of Pittsylvania, VA Contract Number: 07012023-B This contract entered into this 1st day of July 2023, by Derrick’s Cleaning Service, Inc. 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 janitorial services for Pittsylvania County as set forth in the IFB #20230321. PERIOD OF PERFORMANCE: From 07/01/2023 through 06/30/2024. The contract term shall be for a period of one (1) year and may be renewed by the County for four (4) successive one- year periods under the terms and conditions of the original contract. The contract documents shall consist of: A. This signed form; B. The following portions of the Invitation for Bid dated April 19, 2023: (1) Scope of services, (2) The General Conditions and; (3) The Special Terms and Conditions C. The Provider’s bid form dated March 14,2023 to include surcharge schedule. D. Amendment A. IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. CONTRACTOR: PURCHASING AGENCY: By: _________________________________________ By: _______________________________ Date: _________________________________________ Date: _______________________________ 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. 76 AMENDMENT A OWNER: Pittsylvania County Board of Supervisors CONTRACTOR: Derricks’s Cleaning Service, Inc. SERVICES: Janitorial Services DATE: July 1, 2023 ************************************************************* The contractor and Owner agree to the negotiated items listed below which shall be incorporated as part of the original IFB and the Contractor’s response: 1. Court House Main Entryway sidewalk (breezeway) will be pressured washed twice a year at $950 per wash and blown off once a week for $25.00. 77 Janitorial Serives Qualifications and Experience of Offeror in Providing Similar Services. 35 pts 35 Approach for Providing Services to Meet the Statement of Needs. 30 pts 30 Project approach, work plan, timeline, deliverables and project management. (30 points)25 Oral Presentation Interviews Evaluator 1 Evaluator 2 Evaluator 3 TOTAL Vendors C Gibson P Budd L Farthing Derrick's Cleaning 78 80 87 245 BAAM 72 70 82 224 CJS Janitorial 43 15 20 78 78 7.n. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2023-06-04 (Authorization for Submission of Equitable Access to Drinking Water Fund Application) Adoption Staff Contact(s): Chris Adcock Agenda Date: June 20, 2023 Item Number: 7.n. Attachment(s): 1. 2023-06-04 Woodroam Grant Application Reviewed By: SUMMARY: The Virginia Department of Health, Office of Drinking Water (“ODW”), established the Equitable Access to Drinking Water Fund (“Fund”) in the Commonwealth’s 2022-2024 Biennial Budget to help consolidate small and/or disadvantaged waterworks, where the owner of which is either voluntarily or involuntarily having its waterworks operation permit invalidated. The Woodroam Subdivision water system ("Woodroam"), located near Hurt, Virginia, was designated as one (1) of these disadvantaged waterworks and the County Public Works Department was granted operational receivership of Woodroam in February of 2022. County Public Works desires to apply to the Fund to assist in the operation and maintenance of Woodroam, and the application requires a supporting Resolution from the Board to authorize submission of the grant application. For the Board's review and consideration, Resolution # 2023-06-4 evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Funds received will go towards the operation and maintenance of Woodroam. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2023-06-04 as attached and presented. MOTION: 79 "I make a Motion adopting Resolution # 2023-06-04 as attached and presented." 80 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ______________________________________________________________________________ RESOLUTION # 2023-06-04 ______________________________________________________________________________ AUTHORIZATION FOR SUBMISSION OF GRANT APPLICATION TO VIRGINIA DEPARTMENT OF HEALTH, OFFICE OF DRINKING WATER, EQUITABLE ACCESS TO DRINKING WATER FUND ______________________________________________________________________________ The following Resolution was adopted at the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on June 20, 2023: WHEREAS, the Virginia Department of Health, Office of Drinking Water (“ODW”), established the Equitable Access to Drinking Water Fund (“Fund”) in the Commonwealth’s 2022- 2024 Biennial Budget; and WHEREAS, the Fund will help ODW consolidate small and/or disadvantaged waterworks, where the owner of which is either voluntarily or involuntarily having its waterworks operation permit invalidated; and WHEREAS, the Woodroam Subdivision Waterworks (“Woodroam”) in Pittsylvania County, Virginia (“County”), was previously identified as a disadvantaged waterworks; and WHEREAS, by Court Order on February 11, 2022, the County was appointed receiver of Woodroam, authorized to take possession of the system’s assets, and operate the system in the best interests of the customers. THEREFORE, BE IT HEREBY RESOLVED, that the Board authorizes the submission of an application to the Fund and, if awarded funds, to utilize such funds in the operation and maintenance of Woodroam, or as directed by the award. Given under my hand this 20th day of June, 2023. ________________________________________________ Darrell Dalton Chairman, Pittsylvania County Board of Supervisors Attest: ________________________________________________ Stuart J. Turille, Jr. Clerk, Pittsylvania County Board of Supervisors 81 7.o. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Re-appointments (Library Board; DPCS) Staff Contact(s): Kaylyn McCluster Agenda Date: June 20, 2023 Item Number: 7.o. Attachment(s): 1. 05-15-2023 Alice Shelton - Library Board 2. 05-08-2023 Shelby Buffington - Library Board 3. 06-14-2023 William Sid Allgood - DPCS 4. 06-14-2023 RJ Weaver - DPCS Reviewed By: SUMMARY: The following two (2) Library Appointments will expire June 30, 2023: Shelby Buffington (Town of Gretna), and Alice Shelton (Town of Chatham). Their respective Supervisors desire for each of them to be re-appointed for another four (4)-year term beginning on July 1, 2023, and expiring on June 30, 2027. The following three (3) Danville Pittsylvania Community Services ("DPCS") Board Appointments will expire June 30, 2023: William "Sid" Allgood (Dan River), Gayle Breakley (Westover), and RJ Weaver (At-Large). Their respective Supervisors desire for each of them to be re-appointed for another three (3)-year term beginning on July 1, 2023, and expiring on June 30, 2026. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board reappoint the Library and DPCS Board Members as detailed above." MOTION: 82 "I make a Motion to re-appoint the Library and DPCS Board Members as detailed above." 83 Serve on a Board or Commission Submission Date: 05/15/2023 3:58 Full Name Alice Shelton Full Address 238 Peach Street Chatham, VA 24531 Election District Chatham-Blairs Phone 4344332669 Email sheltonalice@comcast.net Board, Committee, or Commission of Interest Library Board *Disclaimer* Members of the Board of Zoning Appeals are appointed by a local judge. The Board of Supervisors can make recommendations, but a judge actually makes the appointment. Resume or Cover Letter Education Background Chatham High Occupation Retired Administrative Assistant in Business Dept of Chatham Hall, School Secretary Dan River School District, Eastern Panel Why do you want to serve on this Board? I have served on the Library Board since 2016, including serving as library board chair. I love the library and understand the importance of reading and access to information for our community. I helped lead the search for the new library director as part of the personnel committee and would like to serve another term to help introduce her to our library priorities and help guide her through the first few years as director. As a long-term resident of the county and active community member, I feel that my knowledge and support of the library system could be vital in helping shape the future of the library. I have been involved with the Gretna renovations from the time that DCC moved out of the shared space and want to see this project through to completion. What special skills/interests/qualifications would benefit you in this appointment? I have been a long time supporter and patron of the Pittsylvania County Public Library. As a retired bookkeeper, I understand the budget process. My husband is a retired teacher, so I also understand the importance of reading and education. That has also helped me understand local government and the difficult decisions that are required when serving on a county board. Code of Ethics/Model of Excellence Yes 84 Serve on a Board or Commission Submission Date: 05/08/2023 1:38 Full Name Shelby Buffington Full Address 205 Washington Street,P.o. box 1095 Gretna, Virginia 24557 Election District Staunton River Phone 5704490609 Email shelby41jb@gmail.com Board, Committee, or Commission of Interest Library Board *Disclaimer* Members of the Board of Zoning Appeals are appointed by a local judge. The Board of Supervisors can make recommendations, but a judge actually makes the appointment. Resume or Cover Letter Education Background Graduate of Gretna High School, Graduate of Virginia Baptist School of Nursing with Continuing Educational Credits for License renewal, Conversational Spanish,Tax Preparer for H.and R. Block Occupation Retired Registered Nurse Why do you want to serve on this Board? I have always been an avid reader and having relocated seventeen times through the years,libraries have always been an excellent source of information for me as well as my interest in serving the community. What special skills/interests/qualifications would benefit you in this appointment? I believe I have valuable experience with dealing and serving the public in many different capacities, through my various volunteer work,my different places of employment and different commitees that I have served on including scholarship committees in an organization that sponsored scholarships for High School graduates as well as having served as an officer in different church organizations. Code of Ethics/Model of Excellence Yes 85 Serve on a Board or Commission Submission Date: 06/13/2023 2:14 Full Name William. (Sid) Allgood Full Address 1271 Raven Hollow Road Ringgold, Virginia 24586 Election District Dan River Phone (434) 770-6034 Email sidallgood@yahoo.com Board, Committee, or Commission of Interest DPCS Board *Disclaimer* Members of the Board of Zoning Appeals are appointed by a local judge. The Board of Supervisors can make recommendations, but a judge actually makes the appointment. Resume or Cover Letter Education Background DCC, electronics program Averett University Aviation program University of Maryland school of management DCC business management & Real Estate classes Occupation Business owner & Manager Why do you want to serve on this Board? Working with dedicated professionals that are helping people in need of their services. What special skills/interests/qualifications would benefit you in this appointment? To advocate for Danville Pittsylvania Community Services and use my influence for its advancement Code of Ethics/Model of Excellence Yes 86 Serve on a Board or Commission Submission Date: 06/14/2023 1:16 Full Name RJ Weaver Full Address 25 Sycamore Cir Danville, VA 14540 Election District Chatham-Blairs Phone (434) 489-8485 Email rjweaver@1stnatbk.com Board, Committee, or Commission of Interest Danville-Pittsylvania County Community Services Board *Disclaimer* Members of the Board of Zoning Appeals are appointed by a local judge. The Board of Supervisors can make recommendations, but a judge actually makes the appointment. Resume or Cover Letter Education Background Bachelors of science in accounting and finance. Ferrum college Occupation Banker Why do you want to serve on this Board? This organization makes a big difference in our county and it’s been and will continue to be my honor to continue to serve. What special skills/interests/qualifications would benefit you in this appointment? Previous board member. Work experience dealing with financials. Code of Ethics/Model of Excellence Yes 87 7.p. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Budget Agenda Title: Appropriations Approvals for Grants/School Bus Lease Staff Contact(s): Kim VanDerHyde Agenda Date: June 20, 2023 Item Number: 7.p. Attachment(s): 1. LOVE SIGN GRANT 2. YouthBuild Grant 3. FAM MINI GRANT 4. VDH UTILITY ASST GRANT 5. DCJS EQUIPMENT GRANT Reviewed By: SUMMARY: The following Grants and a School Bus Lease need to be appropriated before the end of the County's fiscal year: Virginia is for Lovers Grant: The Board authorized County Staff to sign Grant documentation allowing for the County to become the Virginia is for Lover's Grant Fiscal Agent at its Business Meeting on June 21, 2022. At the time of this approval, it was not anticipated that Grant funding would be used for the "LOVE" sign project, and as such, no funds were appropriated. A total of $1,500 was allowed by the Virginia is for Lover's Grant that was used to complete the fabrication cost of the "LOVE" sign located at the Olde Dominion Agricultural Complex. No local match is needed for this Grant. Youth Build Grant-WIA: The Workforce Investment Board recently received notification of a Youth Build Grant. This is a three (3) year Grant, totaling $1.5M, and will be used to train County youth for the jobs market. This Grant begins on June 1, 2023, and will require an initial appropriation of $105,104.79, which will be used for the start-up of the program. The County will not provide a local match for this Grant. 88 FAM Mini Grant: The Department of Social Services ("DSS") recently received a Grant award from the Virginia Department of Social Services in the amount of up to $12,500 to be used for certain activities at the local DSS agency. County DSS requested a total of $8,500 of this Grant to recreate a visitation room for foster children to visit with their families and enhance the parent-child interactions. No local match is required for this Grant. Utility Assistance Funding Grant: Recently, County DSS received a Grant totalling $124,500 from the Virginia Department of Health to provide utility bill assistance to communities disproportionally impacted by COVID-19. This Grant does not require a local match. Department of Criminal Justice Services (DCJS)-Equipment Grant: The County's Sheriff's Office recently received funding in the amount of $307,000 from DCJS. These funds will be used by the Sheriff's Office to purchase crucial law enforcement equipment as outlined on the attached documentation from the DCJS Management System. No local match is required for this Grant. School Bus Lease: County Schools recently secured funds from Truist Bank totalling $642,544.00 for the purpose of purchasing nine (9) buses. This is a three (3) year lease that will be paid by the School Board. These funds need to be appropriated in the County's School Bus Fund. FINANCIAL IMPACT AND FUNDING SOURCE: No local match required for these appropriations. RECOMMENDATION: County Staff recommends the Board appropriate the funds as presented. MOTION: "I make a Motion approving the Grant appropriations and school bus lease in the total amount of $1,189,148.79 as presented." 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 7.q. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Revised Danville/County Cost Sharing and Revenue Agreement for Megasite (Solar Siting Agreement Revenue Clarification) Approval Staff Contact(s): Matthew Rowe Agenda Date: June 20, 2023 Item Number: 7.q. Attachment(s): 1. RIFA - Amendment to Cost-Revenue Sharing Agreement 2023.v1.from CB Law Reviewed By: SUMMARY: Pittsylvania County and the City of Danville partnered in 2001 to create the Danville-Pittsylvania Regional Industrial Facility Authority (RIFA). As part of RIFA’s formation, both locales were required to adopt by-laws and ordinances that dictate a 50 / 50 Revenue-Cost Sharing Agreement for all non-utility related revenues and expenses for projects and assets located within the Southern Virginia Megasite, Cane Creek Centre, and Cyber Park. These by-laws and ordinances did not include considerations for cost / revenue sharing for solar and / or battery storage facilities. This revision is to add such projects to the revenue-cost sharing provisions. This revision would not impact or supersede County or City zoning or land use ordinances. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Staff recommends that the Board add the provision of solar and battery storage facilities to the consideration of the Revenue-Cost Sharing Agreement found within the County and City RIFA by-laws and ordinances. MOTION: 147 "I make a Motion to approve adding the provision of solar and battery storage facilities to the consideration of the Revenue-Cost Sharing Agreement found within the County and City RIFA by-laws." 148 1 AMENDMENT TO REGIONAL INDUSTRIAL FACILITY AUTHORITY AGREEMENT FOR COST SHARING AND REVENUE SHARING BETWEEN THE CITY OF DANVILLE, VIRGINIA AND PITTSYLVANIA COUNTY, VIRGINIA THIS AMENDMENT TO REGIONAL INDUSTRIAL FACILITY AUTHORITY AGREEMENT FOR COST SHARING AND REVENUE SHARING BETWEEN THE CITY OF DANVILLE, VIRGINIA AND PITTSYLVANIA COUNTY, VIRGINIA (this “Amendment”), is made and entered into on ___________________, 2023, by and between the CITY OF DANVILLE, VIRGINIA, a municipal corporation within the Commonwealth of Virginia (the “City”) and the COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”). RECITALS: WHEREAS, each of the City and the County is a member locality (each, a “Member Locality”, and collectively, the “Member Localities”) of the Danville-Pittsylvania Regional Industrial Facility Authority, a political subdivision of the Commonwealth of Virginia (the “Authority”); WHEREAS, the Member Localities executed that certain Agreement for Cost Sharing and Revenue Sharing dated as of October 2, 2001 (the “Original Cost-Revenue Sharing Agreement”), which was amended by the Member Localities on November 6, 2008 (the “Cost- Revenue Amendment”), which was further modified by that certain letter agreement dated as of June 29, 2012 (the “Cost-Revenue Letter Agreement”) (the Original Cost-Revenue Sharing Agreement, the Cost-Revenue Amendment and the Cost-Revenue Letter, collectively, the “Cost- Revenue Agreement”); and WHEREAS, the Member Localities desire to clarify and to further amend the Cost- Revenue Agreement as set forth in this Amendment. W I T N E S S E T H : That for and in consideration of the mutual benefits inuring to each of the localities hereto, and in further consideration of the duties and responsibilities hereby imposed upon the parties hereto, the parties do hereby covenant and agree as follows: 1. Generally. a. Defined Terms. Any capitalized terms used herein and not defined herein shall have such meaning set forth in the Cost-Revenue Agreement. The term “financial compensation” shall have such as meaning as set forth in Virginia Code § 15.2-2316.7, as may be amended, or successor provision. 149 2 b. Textual Edits. For the purposes of textual revisions to the Cost-Revenue Sharing Agreement as set forth in this Amendment, whenever existing language is to be amended, the text of the existing provision will appear in Paragraph 2 below as follows: (A) additions shall be indicated with italic double underlined font; and (B) deletions shall be indicated with strikeouts. 2. Amendments to the Cost-Revenue Agreement. a. Section 2.H of the Cost-Revenue Agreement is hereby amended as follows: H. Income and revenues generated by any facility owned by the Authority: “Income and revenues generated by any facility owned by the Authority” shall be defined as (i) any and all identifiable tax revenues generated from property owned currently or at some time by the Authority, which may have been sold, leased, conveyed or transferred to any third party or (ii) any and all financial compensation paid to a Member Locality pursuant to a solar siting agreement from property owned currently or at some time by the Authority, which may have been sold, leased, conveyed or transferred to any third party. b. Section 13 of the Cost-Revenue Agreement is hereby amended as follows: 13. SHARING OF MISCELLANEOUS TAX REVENUES OR FINANCIAL COMPENSATION PAID TO A MEMBER LOCALITY PURSUANT TO A SOLAR SITING AGREEMENT. Once one or more industries or businesses have located within one of the Regional Industrial Facilities, the host locality will begin to realize tax revenues from business license tax, meals tax, lodging tax and any alcohol tax or any income and revenue, or any other financial compensation pursuant to a solar siting agreement generated by any facility owned by the Authority as defined in this Agreement. The host locality alone shall determine the tax rates for these taxes or the rates of financial compensation pursuant to a solar siting agreement and their due dates. Upon receipt, the host locality shall appropriate the total taxes or financial compensation so received from these industries located in the Regional Park and will pay one-half (1/2) thereof to the non-host locality while retaining the other one-half (1/2). The parties further agree that should the General Assembly of the State of Virginia authorize a locality to levy and collect a new local tax or permit financial compensation arrangements paid to a locality in lieu of a local tax and should the host locality choose to implement such future tax or future financial compensation arrangement in lieu of a local tax on property, then the parties agree that such new tax revenues or revenues pursuant to a new financial compensation arrangement in lieu of a local tax realized from a joint regional authority will be shared equally in the same manner and 150 3 fashion as other taxes or compensation arrangements within this Agreement. c. Section 14 of the Cost-Revenue Agreement is hereby amended as follows: 14. PAYMENT OF TAX REVENUES OR FINANCIAL COMPENSATION REVENUES. The host locality shall pay the portion of tax revenues due to the non-host locality within sixty (60) days of receipt and appropriation of such tax revenues. In the event of financial compensation revenues received by the host locality pursuant to a solar siting agreement, the host locality shall apply to or for the development or improvement of a Regional Industrial Facility, the amount of which shall be credited under this Agreement as being made one-half (1/2) by the host locality and made one-half (1/2) by the non-host locality. If any tax delinquencies occur, the non-host locality will pay for one-half of the cost of collecting past due taxes, and will receive one-half of the penalties and interest accrued and paid. If any such financial compensation delinquencies occur, the cost of collecting past due financial compensation revenues shall be deemed to be a project cost to be shared by the Member Localities under Paragraph 6 of this Agreement. 3. Effect on the Cost-Revenue Agreement. Except as amended in this Amendment, all other terms, provisions, and conditions of the Cost-Revenue Agreement shall remain in full force and effect, and the parties hereby ratify and confirm that the Cost-Revenue Agreement, as further amended by this Amendment, is and remains in full force and effect. 4. Counterparts. This Amendment may be executed in one (1) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Amendment. This Amendment may be delivered by portable document format (*.pdf) and upon such delivery, the *.pdf signature shall be deemed to have the same effect as if the original signature had been delivered to the other party or parties. [SIGNATURES ARE ON THE FOLLOWING PAGE.] 151 4 IN WITNESS THEREOF, this AMENDMENT TO REGIONAL INDUSTRIAL FACILITY AUTHORITY AGREEMENT FOR COST SHARING AND REVENUE SHARING BETWEEN THE CITY OF DANVILLE, VIRGINIA AND PITTSYLVANIA COUNTY, VIRGINIA is executed on behalf of the City of Danville, Virginia, pursuant to action duly taken by the City Council by the City Manager; and on behalf of Pittsylvania County Board of Supervisors by its Chairman, pursuant to action duly taken by the Pittsylvania County Board of Supervisors. THE CITY OF DANVILLE, VIRGINIA, a municipal corporation within the Commonwealth of Virginia By: ____________________________ Kenneth F. Larking, City Manager THE COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: ________________________ Darrell W. Dalton, Chairman Board of Supervisors ATTEST: _________________________________ Susan M. DeMasi, Clerk ATTEST: _________________________________ Kaylyn McCluster Clerk of the Board of Supervisors Approved as to Form: _________________________________ J. Vaden Hunt County Attorney Pittsylvania County, Virginia Approved as to Form: _________________________________ W. Clarke Whitfield City Attorney City of Danville, Virginia 152 5 ACKNOWLEDGED AND NOT OBJECTED TO: DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia By: _______________________________ J. Lee Vogler, Jr. Chairman 153 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: General Presentations (Board of Supervisors); (if any) Staff Contact(s): Kaylyn McCluster Agenda Date: June 20, 2023 Item Number: 8.a. Attachment(s): None Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the June Consent Agenda or at previous Meetings. 154 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-010: Samanthia Wiles Lipscomb; Rezoning from A-1, Agricultural District, to RC- 1, Residential Combined Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Tucker) Staff Contact(s): Emily Ragsdale Agenda Date: June 20, 2023 Item Number: 10.a.1. Attachment(s): 1. R-23-010 Samanthia Lipscomb App 2. R-23-010 Samanthia Lipscomb Plat 3. R-23-010 Samanthia Lipscomb Map Reviewed By: SUMMARY: In Case R-23-010, Samantia Wiles Lipscomb (“Petitioner”) has petitioned to rezone 1.997 acres from A-1, Agricultural District, to RC-1, Residential Combined Subdivision District (to allow the property to be consolidated with an adjacent parcel zoned RC-1). The subject property is located off State Road 997/Oleander Drive, in the Banister Election District, and shown on the Tax Maps as part of GPIN # 2431-62-5738. Once the property is rezoned to RC-1, all uses listed under Pittsylvania County Code § 35-267 are permitted. On May 2, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-23-010 as presented. The subject properties are adjacent to other properties currently zoned RC-1, Residential 155 Combined Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-23-010, I make a Motion approving the rezoning of 1.997 acres from A-1, Agricultural District, to RC-1, Residential Combined Subdivision District, to allow property lines to be adjusted.” 156 157 158 159 160 161 162 163 164 165 10.a.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-012: Joel Bryant; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Scearce). Staff Contact(s): Emily Ragsdale Agenda Date: June 20, 2023 Item Number: 10.a.2. Attachment(s): 1. R-23-012 Joel Bryant App 2. R-23-012 Joel Bryant Map Reviewed By: SUMMARY: In Case R-23-012, Joel Bryant (“Petitioner”) has petitioned to rezone two (2) parcels, totaling 51.31 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be used for agricultural purposes and allow for a second dwelling). The subject properties are located off State Road 1520/Mount Olivet Lane and State Road 724/Mill Creek Road, in the Westover Election District, and shown on the Tax Maps as GPIN #s 2308-87- 4127 and 2308-86-8894. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 2, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-23-012 as presented. The subject properties are adjacent to other properties currently zoned A-1, Agricultural 166 District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-23-012, I make a Motion to approve the rezoning of two (2) parcels, totalling 51.31 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be used for agricultural purposes and a second dwelling.” 167 168 169 170 171 172 173 174 175 176 10.a.3. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-013 Kermit King: Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Ingram). Staff Contact(s): Emily Ragsdale Agenda Date: June 20, 2023 Item Number: 10.a.3. Attachment(s): 1. R-23-013 Kermit King App 2. R-23-013 Kermit King Map 3. R-23-013 Kermit King Plat Reviewed By: SUMMARY: In Case R-23-013, Kermit King (“Petitioner”) has petitioned to rezone 0.52 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow the property to be consolidated with adjacent parcels zoned R-1). The subject properties are located on State Road 750/Strawberry Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1473-90-3879. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On May 2, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-23-013 as presented. The subject properties are adjacent to other properties currently zoned R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. 177 MOTION: “In Case R-23-013, I make a Motion approving the rezoning 0.52 acres rom A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted.” 178 179 180 181 182 183 184 185 186 187 10.a.4. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: R-23-014 Clyde Hall, Jr.: Rezoning from B- 2, Business District, General, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Warren). Staff Contact(s): Emily Ragsdale Agenda Date: June 20, 2023 Item Number: 10.a.4. Attachment(s): 1. R-23-014 Clyde Hall App 2. R-23-014 Clyde Hall Map 3. R-23-014 Clyde Hall Plat Reviewed By: SUMMARY: In Case R-23-014, Clyde Hall, Jr. (“Petitioner”) has petitioned to rezone two (2) parcels, totaling 0.57 acres, from B-2, Business District, General, to R-1, Residential Suburban Subdivision District (to allow for the placement of an accessory structure). The subject properties are located on State Road 41/Franklin Turnpike and State Road 1166/Jackson Heights, in the Chatham-Blairs Election District, and shown on the Tax Maps as GPIN #s 2410-43-2897 and 2410-43-1878. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On May 2, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-23-014 as presented. The subject properties are adjacent to other properties currently zoned R-1, Residential Suburban Subdivision District. 188 MOTION: “In Case R-23-014, I make a Motion approving the rezoning of two (2) parcels, totalling 0.57 acres, from B-2, Business District, General, to R-1, Residential Suburban Subdivision District, to allow for the placement of an accessory structure.” 189 190 191 192 193 194 195 196 197 198 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: PCC Section 8-7 Revision (Tunstall Polling Location Change) Approval Staff Contact(s): Kelly Keesee Agenda Date: June 20, 2023 Item Number: 10.b.1. Attachment(s): 1. 06-20-2023 Chapter 8-7 Polling Precinct Location Change - Tunstall Precinct to Mount Hermon Baptist Church Reviewed By: SUMMARY: The current precinct located at Tunstall High School is located more than one (1) mile outside of the boundary and requires a location change. Registrar, Kelly A. Keesee, completed a site visit and has approval for the use of Mount Hermon Baptist Church- Fellowship Hall, located at 4385 Franklin Tpke, Danville, Virginia 24540, as a polling location. This site visit also passed the accessibility requirements. Following a lawfully advertised and conducted Public Hearing, the Board is legally required to vote to amend Pittsylvania County Code (“PCC”) § 8-7 to formally implement the Registrar’s aforementioned voting precinct relocation recommendation. The proposed Voting Precinct relocation Public Hearing Notice was advertised in the Chatham Star Tribune on June 7, 2023, and June 14, 2023. For your reference and review, a copy of said PCC changes is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following conducting of the legally required Public Hearing, County Staff recommends approving the revision to PCC § 8-7 as attached and presented. 199 MOTION: “I make a Motion approving the revision to PCC § 8-7 as attached and presented." 200 201 202 203