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11-28-2023 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, November 28, 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 (October) (Staff Contact: Kaylyn McCluster) b. New Board Member Swearing-in/Reorganizational Meeting Date Approval (1/4/24) (Staff Contact: Kaylyn McCluster) c. Resolution # 2023-11-02 Approval (School Land Sale Proceeds Retention for Renan Property) (Staff Contact: Kaylyn McCluster) d. Residential Brush/Leaf Landfill Tipping Fee Waiver (for Duration of Burn Ban) Approval Ratification (Staff Contact: Chris Adcock) e. 2024 Board Legislative Priority Agenda Approval (Staff Contact: Kaylyn McCluster) f. County's 2023 October Bill List Approval (Staff Contact: Kim VanDerHyde) g. DOJ Sheriff Body Worn Cameras Grant Award Approval (Staff Contact: Kim VanDerHyde) h. BIL Funding Award Acceptance Approval (Robin Court Waterline Extension Project) (Staff Contact: Chris Adcock) i. Sheriff Surplus Equipment Declaration/Distribution Approval (Staff Contact: Connie Gibson) j. Reappointment: IDA (Tunstall); (John Daniel) (Staff Contact: William Ingram) k. l. m. Resolution # 2023-11-01 Adoption (Honoring North Point Lane Fire First Responders) (Staff Contact: Christopher Key) n. Certificate of Appreciation Approval (Dominion Energy Altavista Office; Wayside Park Benches) (Staff Contact: Justin Price) 8. PRESENTATIONS a. General Presentations (Board of Supervisors); (if any) (Staff Contact: Kaylyn McCluster) 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. Reappointment: Planning Commission (Banister); (Colette Henderson) (Staff Contact: Robert Tucker) Ophelia Griffin Terry (Honoring 100th Birthday) Certificate Approval (Staff Contact: Robert Tucker) 1. Public Hearing: Case R-23-026; Board of Supervisors Pittsylvania County, Virginia; Rezoning from A-1, Agricultural District, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended by a 6-0 vote, with no opposition, that the petitioner's request be granted. (Supervisor Warren) (Staff Contact: Emily Ragsdale) 2. Public Hearing: Case R-23-027; Connie Sue Gardner Horsley; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 6-0 vote, with no opposition, the Petitioner's request. (Supervisor Ingram) (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: Pittsylvania County Code Amendments, Chapter 18 (Subdivision Ordinance) (Staff Contact: Emily Ragsdale) 2. Public Hearing: Pittsylvania County Code Chapter 25(J) Revision Approval (Small Purchases Threshold Increase) (Staff Contact: Connie Gibson) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Sheriff/County MOA Renewal Execution Approval (Staff Contact: Holly Stanfield) 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 (October) Staff Contact(s): Kaylyn McCluster Agenda Date: November 28, 2023 Item Number: 7.a. Attachment(s): 1. 10-17-2023 Work Session - DRAFT 2. 10-17-2023 Business Meeting - DRAFT Reviewed By: SUMMARY: For the Board's review and consideration, attached are the following Board Meeting Minutes: (1) 10/17/2023 Work Session; and (2) 10/17/2023 Business Meeting. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the Board Meeting Minutes as attached and presented. MOTION: "I make a Motion approving the Board Meeting Minutes as attached and presented." 1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ WORK SESSION October 17, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Work Session was held on October 17, 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 Nancy K. Eanes - 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: Tucker SECONDER: Eanes AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None PRESENTATIONS a. Danville-Pittsylvania United Way Presentation Cathy Gore, President/CEO, Danville-Pittsylvania County United Way, presented and discussed the services they offer to those in Danville and Pittsylvania County. Her Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. b. Additive Manufacturing Presentation Telly Tucker, IALR President, presented and discussed with the Board their Additive Manufacturing program. His Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. c. Revised Scope of Smart Scale Project (UPC 119165) Route 29/703 Intersection Improvements Presentation Jay Craddock, VDOT's Assistant Resident Engineer, stated that VDOT held a public comment period and received 100% support from everyone that attended and submitted comments regarding the Revised Scope of Smart Scale Project (UPC 119165) Route 29/703 Intersection Improvements. Craddock stated they feel the public involvement process worked as it is 2 supposed to and believes they have a solution that everyone can agree with. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Regional Economic Development Presentation Matthew D. Rowe, County Economic Development Director, presented to the Board a Regional Economic Development update. His Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. b. 2% Salary Increase Discussion Kim Van Der Hyde, Finance Director, discussed a two percent (2%) salary increase to be effective December 1, 2023 for all County employees who are on the County's pay plan. The Commonwealth of Virginia's Final Budget for FY 2024 was approved in September 2023. This Budget included a two percent (2%) across the board increase effective December 1, 2023. This increase included Constitutional Officers (and their Staff), along with employees of Local DSS Offices across the State. Currently, there are three (3) Constitutional Officers who participate with the County's Personnel Plan, including the Pay and Classification Plan. As such, it is necessary that all salaries of employees on the County's Pay Plan be adjusted by two percent (2%) to avoid compression and comparable pay among all Departments on the Plan. c. Reassessment Project Update Patsy Budd, County Internal Auditor/Reassessment Coordinator, updated the Board on the Reassessment Project. She stated the notices will go out to property owners on October 25, 2023. Pearson's will be holding their appeal hearings at the Gretna Library, The Community Center in Chatham, and the Mt. Hermon Library to better accommodate citizens throughout the County. Mr. Pearson plans to certify the values and sign the book by December 31, 2023. ADJOURNMENT Dalton adjourned the Meeting at 5:15 PM. 3 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING October 17 , 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on October 17, 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; Nancy K. Eanes - 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: Dudley SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None CONSENT AGENDA Motion to approve Consent Agenda. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None a. Board Meeting Minutes Approval (September) b. Appointments: CCJB Membership Slate Approval c. Service Weapon Purchase Approvals (Stone; Arnold) d. County's 2023 September Bill List Approval e. 2% Salary Increase Approval (Effective 12/1/23) f. Additional Holiday Time Approval g. CPMT Office Lease Extension Amendment Approval 4 h. County Parks and Recreation Master Plan Update Award Approval i. Amendment to Local Performance Agreement Execution Approval (Making Everything Possible, LLC) j. VADEQ, Danville, County, and RIFA Memorandum of Agreement for VSMP Administration for Cane Creek Industrial Park Execution Approval k. Resolution # 2023-10-01 (Support of Revised Scope of Smart Scale Project (UPC 119165) Route 29/Route 703 Intersection Improvements) Adoption l. Resolution # 2023-10-02 (Recognizing Dr. Kay Geyer’s Animal Control Donations) Adoption m. ESRI Small Government Enterprise Agreement Renewal Execution Approval n. Certificate of Recognition (Emily Marie Bivens Memorial Foundation) Transmission Approval o. Professional Assessor Designation Letter Submission Authorization (Fred Pearson) p. PSAP Grant Appropriation Approval q. Preventive Maintenance and Repairs for Solid Waste Collection Equipment PRESENTATIONS Eanes presented a Certificate of Recognition to Riley Jo Bivens for the creation of a music scholarship in memory of Emily Marie Bivens. HEARING OF THE CITIZENS Vanessa Scearce, Westover District, made comments regarding voting and mentioned her concerns regarding the current election. Christie Vanairsdale, Callands-Gretna District, spoke in support of her dad, Vic Ingram. PUBLIC HEARINGS Rezoning Public Hearings 1. Public Hearing: Case R-23-025; Michael and Jane Kendrick; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Ingram) In Case R-23-025, Michael and Jane Kendrick (“Petitioners”) have petitioned to rezone three (3) parcels totaling 27.92 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be used for agricultural purposes). The subject properties are located off State Road 847/Sam Haley Road and State Road 848/Joe Carter Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN #s 1450-72-9769, 1450-82- 1035, and 1450-62-4339. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 5, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. Dalton opened the Public Hearing at 7:21 PM. Jane Kendrick was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:21 PM. Motion to approve the rezoning of 27.92 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be used for agricultural purposes. RESULT: 7-0 (Approve) 5 MOVER: Ingram SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None Other Public Hearings 1. Public Hearing: PCC § 6-6-3 Revision (Southside Soccer Club, Inc., Tax Exemption Application) Approval Southside Soccer Club, Inc. ("Southside Soccer"), filed an Application for potential tax exemptions on real estate consisting of Parcel # 2421-71- 1625. Said Application was submitted to the Commissioner of the Revenue’s Office, forwarded to the Board, and duly advertised for a Public Hearing to potentially grant said tax exemption and revise Pittsylvania County Code (“PCC”) § 6- 6.3 accordingly. Dalton opened the Public Hearing at 7:23 PM. Mark Shields and Bill Wiebking were present to represent the application. No one signed up to speak and Dalton closed the Public Hearing at 7:28 PM. Motion to approve the revision to PCC § 6-6.3 authorizing Southside Soccer's tax exemption as presented. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None BOARD MEMBER REPORTS • Tucker thanked the public for coming out to the meeting and staying informed and engaged of the political process. He asked everyone to remember Israel in prayer. • Ingram stated this is breast cancer awareness month and wanted to remind everyone that there are resources for every resident in the Danville-Pittsylvania County area that have been diagnosed with cancer. He also stated to keep Israel in prayer. He shared that he attended the ATDM Summit at Institute, and stated that we are three (3) weeks away from Election Day and encouraged everyone to get out and vote. • Scearce stated there was a fundraiser for Easton Coffer this past Saturday, who has brain and spinal cancer. He thanked everyone who showed up, as they were able to raise just under $18,000 to go to the family. He stated that Dr. Cheryl Hancock coordinated this event with the help of Sherry Martin, his wife, CRB Electric, and many others; and he appreciates the hard work put in by everyone involved. • Warren thanked Staff for their hard work behind the scenes that makes a lot of the successes possible. He also asked that everyone take time to think about the upcoming election and pray about it; not to listen to individuals or groups, and do your own research, as the 6 political arena in Pittsylvania County has become similar to the national arena. He hopes to move forward after the election, because everyone is better than this, and he hopes the citizens will realize that working together is better. He asked everyone to put aside personal feelings and support who is elected and do what really is best for the County. • Dudley thanked Dalton for a great job. He stated it was a blessing when Eanes recognized the Bivens family, and how they took something so tragic and turned it into something beautiful. He stated the world is in turmoil and asked everyone to pray for Israel, and he thanked Staff for the work they do for the meetings. • Eanes echoed Dudley's comments and thanked Staff who contribute to the meetings. She recognized Dan River High School students Christian Blackstock and Dawson Gilbert for taking first place in the West Division qualifying and are qualified to go to the State tournament in the Spring. She also recognized Weston Turner and JC Mock for taking fourth place and stated that Hayden Davis and Dawson Hair from Tunstall joined the Dan River team and took tenth place. She also recognized Riley Jo and Blake, that are extraordinary people. They lost their home last week, but they are still here driving and pushing for the young people, and she believes we need to stand behind and support them. • Dalton thanked everyone for coming out, thanked Staff, Turille, Hunt, and he asked everyone to pray for Israel and the County Board as well. COUNTY ADMINISTRATOR REPORTS Turille stated that tax assessments will go out October 25, 2023, and he plans to work with the Board of Supervisors to adjust the tax rate down, after a review of the current and future needs of the community and organization. He stated the Emergency Operations Response Team is working to confirm preparations to handle possible emergency situations through a series of tabletop exercises. He stated that at the next Board Meeting he will present strategic goals and assessment reports on the long-term projects to improve the community and he also plans to discuss proposed changes to the solid waste division. He stated that the 2024 Board of Supervisors retreat planning is underway. ADJOURNMENT Dalton adjourned the Meeting at 7:44 PM. 7 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: New Board Member Swearing-in/Reorganizational Meeting Date Approval (1/4/24) Staff Contact(s): Kaylyn McCluster Agenda Date: November 28, 2023 Item Number: 7.b. Attachment(s): None Reviewed By: SUMMARY: The Board conducts its annual Reorganizational Meeting the first week of January. The Board will have three (3) new Members as of January 2024, and all Members must be sworn in before conducting the Reorganizational Meeting. County Staff recommends the Board schedule the New Board Member Swearing-in Ceremony at 5:15 PM, and the Reorganizational Meeting at 5:30 PM on Thursday, January 4, 2024, in the Board Meeting Room. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board hold the New Board Member Swearing-in Ceremony at 5:15 PM and the Reorganizational Meeting at 5:30 PM on Thursday, January 4, 2024, in the Board Meeting Room. MOTION: "I make a Motion to hold the New Board Member Swearing-in Ceremony at 5:15 PM and the Reorganizational Meeting at 5:30 PM on Thursday, January 4, 2024, in the Board Meeting Room." 8 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Resolution # 2023-11-02 Approval (School Land Sale Proceeds Retention for Renan Property) Staff Contact(s): Kaylyn McCluster Agenda Date: November 28, 2023 Item Number: 7.c. Attachment(s): 1. 2023-11-02 School Land Sale Proceeds Retention Reviewed By: SUMMARY: As evinced in attached Resolution # 2023-11-02, Pittsylvania County Schools was the owner of certain real property, and on June 14, 2022, the County School Board ("School Board") determined that it no longer had use for the Renan Property. On July 12, 2022, the School Board held a Public Hearing regarding the sale of said property and approved the sale for a sum of $3,000. As allowed by Virginia Code § 22.1-129(A), Surplus property; sale, exchange or lease of real and personal property, the School Board may retain the proceeds of such sale upon approval of the local governing body. The School Board has requested the Board approve the attached Resolution allowing it to retain all of the $3,000 proceeds from the sale of the Renan Property. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve attached Resolution # 2023-11- 02, allowing the School Board to retain all of the $3,000 proceeds from the sale of the Renan Property. 9 MOTION: "I make a Motion approving attached Resolution # 2023-11-02." 10 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-11-02 _____________________________________________________________________________ PITTSYLVANIA COUNTY SCHOOL LAND SALE PROCEEDS RETENTION APPROVAL VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) November 28, 2023, Business Meeting, the following Resolution was presented and adopted: WHEREAS, Pittsylvania County tax records indicate that Pittsylvania County Schools is or was the owner of certain real property described as follows: Lot 2 containing 0.61 acre shown on a Plat of Survey dated December 15, 1969, by John D. Jacobs, C.L.S., recorded in the Clerk’s Office of Pittsylvania County in Deed Book 547, at page 357 (the “Renan Property”); and WHEREAS, Virginia Code § 22.1-129 allows school boards to sell real property it has determined it has no use for and retain all or a portion of the proceeds of such sale upon the approval of the local governing body provided that the School Board holds a Public Hearing on such sale and retention of proceeds; and WHEREAS, on June 14, 2022, the Pittsylvania County School Board (the “School Board”) determined that it no longer had use for the Renan Property, and on July 12, 2022, the School Board held a Public Hearing regarding the sale of the Renan property and approved the sale of the Renan Property for the sum of $3,000; and WHEREAS, the School Board has requested to retain all of the $3,000 proceeds from the sale of the Renan Property, and the Pittsylvania County Board of Supervisors approves that request. NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors hereby grants approval of the School Board’s sale of the Renan Property for the sum of $3,000 and the School Board’s retention of all of the proceeds of that sale. Given under my hand this 28th day of November, 2023. ________________________________________________ Darrell W. Dalton Chairman, Pittsylvania County Board of Supervisors ________________________________________________ Stuart J. Turille, Jr. Clerk, Pittsylvania County Board of Supervisors Attest: _____________________ 11 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Residential Brush/Leaf Landfill Tipping Fee Waiver (for Duration of Burn Ban) Approval Ratification Staff Contact(s): Chris Adcock Agenda Date: November 28, 2023 Item Number: 7.d. Attachment(s): None Reviewed By: SUMMARY: To support the current Burn Ban in the County, the Board has authorized a temporary waiver of County Landfill tipping fees for residentially generated brush and leaves from County residents. Valid identification showing proof of County residence is required for disposal and must be presented at the County’s Landfill office upon delivery, or to other County Staff upon request. Accepted identification is as follows: • Unexpired Virginia Driver’s license, military ID, or photo ID card with Pittsylvania County address; • Deed, mortgage, or monthly mortgage/rental statement with matching photo ID verifying County residence; • U.S. Postal Service change of address confirmation form with matching photo ID; or • Current payroll stub by employer with matching photo ID showing a valid County address of the employee. The County Landfill tipping fee waiver is only in effect for residentially generated brush and leaves, not leaves or brush generated through business, commercial, or agricultural sources. No quantity limits are placed on residential customers 12 delivering their own leaves or brush by personal passenger vehicle smaller than a one (1) ton pickup truck and/or a flat, 4’x8’ single axle trailer with sides no greater than thirty-six (36) inches high. The County Landfill tipping fee waiver will only be valid while the County’s Burn Ban is in effect. FINANCIAL IMPACT AND FUNDING SOURCE: The financial impact of allowing the disposal of residentially generated brush and leaves will be minimal. RECOMMENDATION: County Staff recommends the Board ratify the approval to waive the County Landfill tipping fees for residentially generated brush and leaves from County residents, while the County’s Burn Ban is in effect. MOTION: "I make a Motion ratifying the approval to waive the County Landfill tipping fees for residentially generated brush and leaves from County residents, while the County’s Burn Ban is in effect." 13 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: 2024 Board Legislative Priority Agenda Approval Staff Contact(s): Kaylyn McCluster Agenda Date: November 28, 2023 Item Number: 7.e. Attachment(s): 1. PCBOS 2024 Legislative Agenda Reviewed By: SUMMARY: For the Board’s review and consideration, attached is the Board's 2024 Legislative Agenda. This Legislative Agenda was created with input from County Staff, the Board, and Constitutional Officers. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the attached 2024 Legislative Agenda as presented. MOTION: “I make a Motion approving the attached 2024 Legislative Agenda as presented.” 14 PCBOS 2024 LEGISLATIVE AGENDA 1. New Jail State Funding 2. New Justice Complex State Funding 3. Parks and Recreation Complex Funding 4. Cherrystone and Roaring Fork Dams Rehabilitation State Funding 5. Limiting of Virginia Wetlands Enforcement 6. Composite Index Formula Revision 15 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's 2023 October Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: November 28, 2023 Item Number: 7.f. 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 October 2023 Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=490791&dbid=0&repo=Pitt GovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2023 October Bill List as presented. MOTION: “I make a Motion approving the County’s 2023 October Bill List as presented.” 16 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Budget Agenda Title: DOJ Sheriff Body Worn Cameras Grant Award Approval Staff Contact(s): Kim VanDerHyde Agenda Date: November 28, 2023 Item Number: 7.g. Attachment(s): 1. Body Worn Camera Grant Award September 2023 Reviewed By: SUMMARY: The County's Sheriff's Office was recently awarded a Grant in the amount of $148,000 from the Department of Justice to purchase a total of 65 body-worn camera systems for Sheriff's Deputies. These cameras will replace the current body-worn cameras that were purchased in 2015 and have outlived their useful lives. FINANCIAL IMPACT AND FUNDING SOURCE: This Grant requires a fifty percent (50 %) local match totaling $148,000. These funds are currently available in the Sheriff's regular FY24 Operating Budget. RECOMMENDATION: County Staff recommends the Board approve the DOJ Body Worn Camera Grant in the total amount of $296,000 (fifty percent (50 %) Grant and fifty percent (50 %) Local Match) to purchase 65 body-worn cameras for the Sheriff's Office. MOTION: "I make a Motion approving the DOJ Body Worn Camera Grant as presented." 17 18 19 20 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: BIL Funding Award Acceptance Approval (Robin Court Waterline Extension Project) Staff Contact(s): Chris Adcock Agenda Date: November 28, 2023 Item Number: 7.h. Attachment(s): 1. BIL 011S- 24_Pittsylvania County_Robin Court Subdivision Water Extension Reviewed By: SUMMARY: The Virginia Department of Health ("VDH") has completed a preliminary review of County Staff's application for drinking water construction funds for the Robin Court Subdivision Waterline Extension project ("Project"). Based on the information provided in the application, VDH has made an initial offer of $905,000 as principal forgiveness to be used for the construction of the Project. Funds are offered through the Virginia Drinking Water State Revolving Fund, FY 2024 Bipartisan Infrastructure Law ("BIL"). The VDH Division of Financial, Construction, and Assistance Program administers BIL funds. If desired to participate in the funding, the County must accept this initial offer no later than December 1, 2023. FINANCIAL IMPACT AND FUNDING SOURCE: The $905,000 is offered as principal forgiveness and the County will not have to pay that amount back. County Staff expects this amount to cover all expected construction costs. If construction costs exceed this amount, while not 21 expected, this overage can be paid for from the County's Water Fund balance. RECOMMENDATION: County Staff recommends the Board approve the acceptance of this initial funding offer and authorize County Staff to make formal acceptance of the offer. MOTION: "I make a Motion approving the acceptance of the initial funding offer from the Virginia Drinking Water State Revolving Fund in the amount of $905,000 as principal forgiveness for the Project and authorize County Staff to make formal acceptance of the same." 22 COMMONWEALTH of VIRGINIA Department of Health Karen Shelton, MD P O BOX 2448 TTY 7-1-1 OR State Health Commissioner RICHMOND, VA 23218 1-800-828-1120 R. Christopher Lindsay Chief Operating Officer October 26, 2023 Subject: Pittsylvania County Water Pittsylvania County Robin Court Subdivision Water Extension BIL 011S-24 Mr. Chris Adcock, Director of Public Works Pittsylvania County P.O. Box 426 Chatham, Virginia 24531 Re: Virginia Drinking Water State Revolving Fund FY 2024 Bipartisan Infrastructure Law (BIL) BIL Initial Offer Dear Mr. Adcock: The Virginia Department of Health (VDH) has completed a preliminary review of your application for drinking water construction funds. The determination of the funding package is shown below; however, this Use Plan is contingent on the availability of federal and state funding as well as the conditions below. The VDH Division of Financial, Construction and Assistance Programs (FCAP) administers BIL funds. Based on the information provided, VDH determined the total funding package for your project is estimated to be $905,000 as principal forgiveness. The funding package was determined using information provided in your loan application. This offer requires a commitment to evaluate revenues and adjust rates as necessary to ensure revenue growth that factors in increases (e.g., operational costs, inflation, etc.), other costs (e.g., asset/equipment replacements, technology upgrades, capital improvements, etc.), and takes into account other potential revenue reductions (e.g., future regulations, reductions from water conservation, etc.). VDH urges waterworks owners to establish and fund a capital reserve fund that adequately supports capital improvements and asset replacements. 23 Mr. Chris Adcock, Director of Public Works October 26, 2023 Page 2 Furthermore, VDH recommends waterworks owners implement a revenue growth model that includes automatic annual rate adjustments that exceed inflation. VDH recommends waterworks self-evaluate their financial position using the attached Building Financial Sustainability/Financial Health Indicators to ensure they are able to provide for financial sustainability. VDH recommends all waterworks maintain updated Waterworks Business Operation Plans, Asset Management Plans, and/or Capital Improvement Plans. The Financial and Construction Assistance Program (FCAP) requires a current Asset Management Plan (AMP) to receive funding. VDH may be able to make funds available for this plan if it was not included in the original budget. Please coordinate with Capacity Development on the AMP, and for questions on the Technical, Managerial, and Financial (TMF) review. These questions can be directed to Ms. Jeanean B. Francis, Capacity Development Sustainability Coordinator, at (804) 292-5681 or Jeanean.Bustamante@vdh.virginia.gov. Mr. Barry Matthews, CPG, TCDO Division Director, is also available to answer questions on the TMF review and he can be reached at (804) 477-5171 or Barry.Matthews@vdh.virginia.gov. Currently, the federal Drinking Water State Revolving Fund (DWSRF) appropriation and final requirements have not yet been finalized. However, all recipients should expect to comply with the Build America/Buy America Act (which includes American Iron and Steel requirements), Davis Bacon Prevailing Wage, and other provisions as required. The funding package and loan closing are conditioned on and are subject to change based on (but not limited to) the following: (1) The availability of federal and state match funds to support the DWSRF Program, (2) New restrictions/conditions that the EPA or VDH may require in the use of the SRF funds or for participation in the Program, (3) Changes to the purpose, benefit, or scope of the project from the Preliminary Engineering Report (PER) or the DWSRF Application; or if the VDH-ODW Field Office does not concur with the project purpose, benefit, or scope, (4) Owner complying with the DWSRF Program requirements, and owne according to a pre-negotiated schedule, or delays/changes in project readiness to proceed, (5)ODW/DWSRF Program (i.e., late or non-payments or non- compliance), (6) Owner obtaining user agreements from future water users in the project area (if applicable), (7) The financial estimates provided in your loan application changing, (8)(if applicable). All loan offers will require an acceptable credit review by the Virginia Resources Authority, (9) Owner soliciting other lenders for parity on this new debt (if applicable), (10) Owner being debarred or suspended from applying for state or federal funds, (11) Waterworks maintaining compliance with the Virginia Waterworks Regulations and other applicable state/federal laws, regulations, policies, and procedures, and (12) EPA mandates that all program assistance recipients demonstrate full technical, financial, and managerial capacity in order to receive funds. VDH may place special requirements on recipients in order to ensure capacity requirements are met prior to loan closing. 24 Mr. Chris Adcock, Director of Public Works October 26, 2023 Page 3 An acceptance of this funding offer reflects a commitment on your part to these requirements. VDH reserves the right to by-pass any project that has not executed financial agreements within 12 months from the date of Please notify me in writing as soon as possible but no later than December 1, 2023, at the address above of your acceptance of this initial funding package offer or any concerns and additional factors that should be considered. Failure to notify me can be deemed as your withdrawal from this program. Please use the above referenced project number and name on all correspondence. If necessary, I can be contacted at (804) 629-7206 or at Kelly.Ward@vdh.virginia.gov. Sincerely, Kelly Ward, Director Division of Financial, Construction & Assistance Programs cc: Barry Matthews, CPG, Division Director Training, Capacity Development and Outreach Keith Kornegay, P.E., FCAP Project Team Leader, Lexington Field Office K. Ray Weiland, PE, ODW Deputy Field Director, Danville Field Office Joe Bergeron, VRA, Director of Financial Services and Investments 25 VDH OFFICE OF DRINKING WATER FINANCIAL AND CONSTRUCTION ASSISTANCE PROGRAMS (FCAP) Building Financial Sustainability/Financial Health Indicators Having adequate financial capacity and an acceptable credit review is a Program requirement for revolving fund loan projects. Listed below are some financial indicators that may be evaluated during a review by VDH or by the Virginia Resources Authority (VRA). Reviews are not limited to the factors listed below and may include other factors. Revenue Pledge Factors:(User fees pledged for loan repayment) 1.Debt Service Coverage Ratio: Net Revenue (revenue O&M) available for debt service divided by applicable debt service. Evaluated using the first two fiscal years after project completion. Poor Less than 1.15x Adequate From 1.15x to 1.5x Strong Greater than 1.5x 2.Days Cash on Hand: Amount of total available unrestricted liquid reserves divided by daily operating expenditure requirements. Poor Less than 60 days Adequate From 60 to 120 days Strong Greater than 120 days 3.Operating Ratio: Total operating income plus operating reserves divided by total operating costs (not including debt) Poor Less than 1.1 Adequate From 1.1 to 3.0, Small systems (1.25 to 3.0), Medium and large (1.1 to 2.0) Strong Greater than 3.0 Small systems (3.0), Medium and large (2.0) General Obligation Factors:1 (Locality pledges its full faith and credit, backed by taxing power) 4.State Aid (if applicable): Available state aid divided by applicable debt service. Poor Less than 1.0x Adequate From 1.0x to 1.5x Strong Greater than 1.5x 5.Debt Service vs. Expenditures: Debt service compared to the total operating budget. Poor Greater than 15% Adequate From 10% to 15% Strong Less than 10% 1 Evaluate the debt, revenues, and expenses of the entire entity and not just the waterworks enterprise fund 26 6.Unassigned Fund Balance: Unassigned fund balance vs. total revenue. Poor Less than 5% Adequate From 5% to 10% Strong Greater than 10% 7.Debt Payout Ratio: Measurement of how much debt is paid off in ten years. Poor Less than 50% Adequate From 50% to 60% Strong Greater than 60% 8.Total Debt vs. Total Valuation: Poor Greater than 6% Adequate From 2% to 6% Strong Less than 2% Other Factors: 9.Affordability Index Target: Annual residential bill divided by Annual Median Household Income (MHI). 1% for average gallons per month* 2% for 5,000 gallons per month * Use the rate structure (in-town, if applicable) for residential customers and apply it to the average monthly residential water usage to derive the average monthly user rate for evaluation under the DWSRF Program. The average monthly residential water usage is to be based on residential water meter data. Waterworks are expected to meet or exceed the target rate criteria at the time of project completion. Other considerations: Experience has shown that fairly structured utility rates that implement gradual rate increases annually have been the most acceptable to the ratepayers and most effective in keeping revenue at pace with costs. VDH recommends waterworks implement a revenue growth model that factors in increases (e.g., operational costs, inflation, etc.), other costs (e.g., asset/equipment replacements, technology upgrades, capital improvements, etc.), and takes into account other potential revenue reductions (e.g., future regulations, reductions from water conservation, etc.). VDH recommends waterworks establish and fund a capital reserve fund that adequately supports capital improvements and asset replacements. VDH reserves the right to require an implementation schedule acceptable to VDH for those waterworks that may need additional time for implementation of significant rate increases. 27 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Sheriff Surplus Equipment Declaration/Distribution Approval Staff Contact(s): Connie Gibson Agenda Date: November 28, 2023 Item Number: 7.i. Attachment(s): None Reviewed By: SUMMARY: The Pittsylvania County Sheriff's Office received a letter of request from Attorney General Jason Miyares asking law enforcement agencies across Virginia to donate equipment, such as surplus body armor, protective gear, and tactical gear equipment to help with Israel’s Defense Forces fighting terrorism. The Sheriff's Office has surplus body armor in the form of twenty-two (22) vests that are past their shelf life, but can still be of help. These vests are older and expired, and have already been replaced, but remain the property of the County and Sheriff Taylor is requesting the Board's approval to provide such surplus items for this effort. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the donation of the Sheriff's Office surplus body armor to help with Israel’s Defense Forces fighting terrorism. MOTION: "I make a Motion approving the donation of the Sheriff's Office surplus body armor to help with Israel’s Defense Forces fighting terrorism." 28 7.j. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Reappointment: IDA (Tunstall); (John Daniel) Staff Contact(s): William Ingram Agenda Date: November 28, 2023 Item Number: 7.j. Attachment(s): 1. 11-16-2023 John Daniel - IDA Reviewed By: SUMMARY: John Daniel (“Daniel”) is currently the Industrial Development Authority's ("IDA") Tunstall District Representative. His term expired on November 3, 2023, and Supervisor Ingram desires to re-appoint Daniel for a new four (4)-year term beginning on November 28, 2023, and ending on November 28, 2027. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: Supervisor Ingram recommends the Board re-appoint Daniel as the IDA's Tunstall District Representative for a new four (4)-year term beginning on November 28, 2023, and ending on November 28, 2027. MOTION: "I make a Motion to re-appoint Daniel as the IDA's Tunstall District Representative for a new four (4)-year term beginning on November 28, 2023, and ending on November 28, 2027." 29 Serve on a Board or Commission Submission Date: 11/16/2023 Full Name John W.Daniel Full Address 257 Saddle Road Danville, Virginia 24541 Election District Tunstall Phone (434) 334-6901 Email john@danielbuildersllc.com Board, Committee, or Commission of Interest Industrial Development Authority Education Background I have been in the construction industry for in this area for over 40 years and have been self-employed for the last 40 years. I am a lifelong resident of this county. Occupation Owner of General Construction Company - Daniel Builders LLC Why do you want to serve on this Board? I currently serve on the IDA board, and I am the Vice Chair. I feel that it is important to have engaged individuals in this type of position, and not just someone to fill the seat. I feel that my construction background and overall business experience is important and plays a vital role on our board. I want to do whatever I can to help move our county forward and attract new industry. What special skills/interests/qualifications would benefit you in this appointment? See my answer above. Code of Ethics/Model of Excellence Yes 30 7.k. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Reappointment: Planning Commission (Banister); (Colette Henderson) Staff Contact(s): Agenda Date: November 28, 2023 Item Number: 7.k. Attachment(s): 1. 11-16-2023 Colette Henderson - Planning Commission Reviewed By: SUMMARY: Colette Henderson (“Henderson”) is currently the Planning Commission's ("PC") Banister District Representative. Her term is set to expire on November 30, 2023, and Supervisor Tucker desires to re-appoint Henderson for a new four (4)-year term beginning on December 1, 2023, and ending on December 1, 2027. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: Supervisor Tucker recommends the Board re-appoint Henderson as the PC's Banister District Representative for a new four (4)-year term beginning on December 1, 2023, and ending on December 1, 2027. MOTION: "I make a Motion re-appointing Henderson as the PC's Banister District Representative for a new four (4)-year term beginning on December 1, 2023, and ending on December 1, 2027." Robert Tucker 31 Serve on a Board or Commission Submission Date: 11/16/2023 Full Name Colette Henderson Full Address 848 East Gretna rd Gretna, VA 24557 Election District Banister Phone (434) 710-3176 Email chenderson0052@gmail.com Board, Committee, or Commission of Interest Planning Commission Education Background Graduate of Chatham High School, 1996 Occupation Business Owner, Signing Agent Why do you want to serve on this Board? I possess a genuine interest in land use as it pertains to Pittsylvania County and adjacent jurisdictions. I believe that it is important to adhere to guidelines and procedures, when determining the best use for property and county land. What special skills/interests/qualifications would benefit you in this appointment? I am detail oriented, possess effective communication skills, both of which are useful tools when dealing with the public at large. I am a business owner of 15 years and Notary Public. I am comfortable with technology and social media. I am very familiar with plats and maps as well as various forms that are utilized in our agenda packet. I gained some of this knowledge while I was employed as an executive administrative assistant for a local land surveyor in 2022. Code of Ethics/Model of Excellence 32 7.l. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Ophelia Griffin Terry (Honoring 100th Birthday) Certificate Approval Staff Contact(s): Robert Tucker Agenda Date: November 28, 2023 Item Number: 7.l. Attachment(s): 1. 11-28-2023 Ophelia Terry - 100th Birthday 2. 11-28-2023 Ophelia Griffin Terry - 100 Years Certificate of Recognition Reviewed By: SUMMARY: Ophelia Griffin Terry ("Terry"), a Banister District resident, turned one-hundred (100) years old on November 23, 2023. For the Board's review and consideration, attached is a Certificate recognizing this remarkable achievement. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve issuing the attached Certificate to Terry. MOTION: "I make a Motion approving Terry's Certificate." 33 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. November 28, 2023 VIA U.S. MAIL Ophelia Griffin Terry 5796 Old Richmond Rd Danville, VA 24540 Re: 100th Birthday Dear Ms. Terry, Happy 100th Birthday! On behalf of the Pittsylvania County Board of Supervisors I would like to express my sincerest wishes on this memorable occasion. What a pleasure it is to share this important occasion with you. You have experienced 100 years amongst family and friends and witnessed many events and milestones. As you reflect on your cherished memories, I hope that your heart will be filled with happiness. Congratulations on your special birthday, and may you enjoy many more happy years to come. Sincerely yours, Robert M. Tucker, Jr. Banister District Pittsylvania County Board of Supervisors 34 C e r t i f i c a t e o f R e c o g n i t i o n Ophelia Griffin Terry Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere congratulations to Ms. Ophelia Griffin Terry as she celebrated her 100th Birthday on November 23, 2023. It is a great pleasure to send you best wishes and warmest congratulations on this amazing milestone, and we hope that your day was filled with everlasting joy and pleasure. Happy 100th Birthday! Given this 28th day of November, 2023 Robert M. Tucker, Jr. Banister District 35 7.m. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2023-11-01 Adoption (Honoring North Point Lane Fire First Responders) Staff Contact(s): Christopher Key Agenda Date: November 28, 2023 Item Number: 7.m. Attachment(s): 1. 2023-11-01 HONORING NORTH POINT LANE FIRE FIRST RESPONDERS Reviewed By: SUMMARY: In the early morning hours of November 12, 2023, fire crews were dispatched to NorthPointe Apartments located at 600 North Point Lane in Pittsylvania County, Virginia (“County”). The Blairs Fire and Rescue Department, in collaboration with neighboring fire departments, promptly and efficiently responded to the fire, demonstrating professionalism, courage, and exemplary teamwork in rescuing the residents, and containing and extinguishing the blaze, and we would like to recognize the efforts and sacrifices of the first responders who risked their own safety to respond to this apartment fire. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2023-11-01 as attached. MOTION: 36 "I make a Motion to approve Resolution # 2023-11-01 as attached." 37 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-11-01 _____________________________________________________________________________ HONORING NORTHPOINTE LANE FIRE FIRST RESPONDERS VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) November 28, 2023, Business Meeting, the following Resolution was presented and adopted: WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services, and when an emergency occurs, the prompt response of our First Responders is critical to the protection of life and preservation of property; and WHEREAS, in the early morning hours of November 12, 2023, fire crews were dispatched to NorthPointe Apartments located at 600 North Point Lane in Pittsylvania County, Virginia (“County”); and WHEREAS, the massive blaze triggered what’s known as a “County-wide call for assistance” and fire crews from the City of Danville, Virginia (“Danville”) also responded; and WHEREAS, when first responders arrived on scene, heavy flames had already engulfed half of the apartment building, with residents trapped inside and many trying to escape the blaze through balconies and windows; and WHEREAS, the Blairs Fire and Rescue Department, in collaboration with neighboring fire departments, promptly and efficiently responded to the fire, demonstrating professionalism, courage, and exemplary teamwork in rescuing the residents, and containing and extinguishing the blaze; and WHEREAS, the swift action and bravery displayed by County volunteer firefighters in containing and extinguishing the fire undoubtedly prevented further damage and ensured the safety of the residents and surrounding community; and WHEREAS, volunteers and first responders throughout the County and Danville gave their time to help ensure that evacuees were rescued, sheltered, clothed, fed, and emotionally comforted through this traumatic event; and WHEREAS, people throughout the County and Danville responded with an outpouring of support for the victims of this incident; and WHEREAS, the County recognizes the efforts and sacrifices of the first responders who risked their own safety to respond to this apartment fire; and NOW, THEREFORE, BE IT RESOLVED, that the Board hereby recognizes and honors the bravery and heroism of the Blairs Fire and Rescue Department and all participating Fire Departments, E-911 Operators, Public Safety Staff, Local Law Enforcement Staff, Volunteers, and anyone else involved with assisting this recent large apartment fire, and encourages the citizens of the County to join in expressing our heartfelt thanks to these brave men and women for their exemplary service and sacrifice. Given under my hand this 28th day of November, 2023. ________________________________________________ Darrell W. Dalton Chairman, Pittsylvania County Board of Supervisors ________________________________________________ Stuart J. Turille, Jr. Clerk, Pittsylvania County Board of Supervisors 38 7.n. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Appreciation Approval (Dominion Energy Altavista Office; Wayside Park Benches) Staff Contact(s): Justin Price Agenda Date: November 28, 2023 Item Number: 7.n. Attachment(s): 1. 11-28-2023 Certificate of Appreciation - Dominion Energy Reviewed By: SUMMARY: Employees from Dominion Energy’s Altavista District Office spent the morning of November 8, 2023, installing four (4) park benches at Wayside Park in Hurt, Virginia. Dominion likes to do local volunteer projects, and since many of the men in the office use the park and live in the County, the Office thought installing the benches would be a worthwhile project. The County greatly appreciates Dominion’s Altavista Office for choosing Parks and Recreation as the recipient of their local volunteer project and thank them for this generous contribution that will benefit the visitors of Wayside Park for years to come. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the Certificate of Appreciation to Dominion Energy's Altavista Office as attached. MOTION: 39 "I make a Motion approving the Certificate of Appreciation to Dominion Energy's Altavista Office as attached." 40 C e r t i f i c a t e o f A p p r e c i a t i o n Dominion Energy Altavista Office Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere appreciation to David Billings, and the Dominion Energy Altavista Office, for choosing Parks and Recreation as the recipient of your local volunteer project. The four benches installed along the walking trails in the park, in which three are located near the creek, will allow visitors to take a break and enjoy the water while they take in all that our beautiful park has to offer. Thank you for your generous contribution to Wayside Park that will benefit visitors for years to come. Given this 28th day of November, 2023 Timothy W. Dudley Vice-Chair 41 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: November 28, 2023 Item Number: 8.a. Attachment(s): None Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the November Consent Agenda or at previous Meetings. 42 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-026; Board of Supervisors Pittsylvania County, Virginia; Rezoning from A-1, Agricultural District, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended by a 6-0 vote, with no opposition, that the petitioner's request be granted. (Supervisor Warren) Staff Contact(s): Emily Ragsdale Agenda Date: November 28, 2023 Item Number: 10.a.1. Attachment(s): 1. R-23-026 BOS Jail App 2. R-23-026 BOS Jail Plat 3. R-23-026 BOS Jail Site Plan 4. R-23-026 BOS Jail Conceptual Pics Reviewed By: SUMMARY: In Case R-23-026, the Board of Supervisors Pittsylvania County, Virginia (“Petitioner”), has petitioned to rezone 32.26 acres from A-1, Agricultural District, to M-2, Industrial District, Heavy Industry, (to allow for a public facility (correctional facility)). The subject property is located on U.S. Highway 29, in the Chatham-Blairs Election District, and shown on the Tax Maps as GPIN # 2423-19-0816. Once the property is rezoned to M-2, all uses listed under Pittsylvania County Code § 35-402 are permitted. On October 3, 2023, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioner's request be granted. For the Board’s review, the County Staff Summary is attached. 43 FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-23-026 as presented. The subject property is adjacent to properties currently zoned M-2, Industrial District, Heavy Industry. MOTION: “In Case R-23-026, I make a Motion approving the rezoning of 32.26 acres from A-1, Agricultural District, to M-2, Industrial District, Heavy Industry, to allow the property to be used for a public facility (correctional facility).” 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 10.a.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-027; Connie Sue Gardner Horsley; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 6-0 vote, with no opposition, the Petitioner's request. (Supervisor Ingram) Staff Contact(s): Emily Ragsdale Agenda Date: November 28, 2023 Item Number: 10.a.2. Attachment(s): 1. R-23-027 Connie Horsley App 2. R-23-027 Connie Horsley Map 3. R-23-027 Connie Horsley Plat Reviewed By: SUMMARY: In Case R-23-027, Connie Sue Gardner Horsley (“Petitioner”) has petitioned to rezone 43.00 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for the placement of a doublewide mobile home). The subject property is located on Primitive Baptist Road West, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1461-62-5579. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On October 3, 2023, the Planning Commission recommended, by a 6-0 vote, with no opposition, that the Petitioner's request be granted. For the Board’s review, the County Staff Summary is attached. 64 FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-23-027 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-23-027, I make a Motion approving the rezoning of 43.00 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A- 1, Agricultural District, to allow a doublewide to be placed on the property.” 65 66 67 68 69 70 71 72 73 74 75 76 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: Pittsylvania County Code Amendments, Chapter 18 (Subdivision Ordinance) Staff Contact(s): Emily Ragsdale Agenda Date: November 28, 2023 Item Number: 10.b.1. Attachment(s): 1. Chapter 18 Subdivision 11282023 Reviewed By: SUMMARY: On August 15, 2023, the Board adopted amendments to Pittsylvania County Code ("PCC") Chapter 35, Division 7. Residential Planned Unit Development District ("RPD"), reducing minimum lots sizes, allowing private streets to be utilized to provide access to certain uses upon Board approval, and increased density. Currently, PCC Chapter 18, Subdivision Ordinance, requires a minimum of fifty (50) feet of road frontage on a state-maintained road for all properties that are governed by the Ordinance. Without the adoption of the attached proposed PCC revisions, this requirement would supersede the amendments made to the County's Zoning Ordinance, eliminating the possibility for the property to be subdivided. This Public Hearing was duly advertised in the Chatham Star Tribune on November 15 and 22, 2023. For the Board's review and consideration, attached are the proposed PCC revisions. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: 77 Following the conducting of the legally required Public Hearing, County Community Development Staff recommends the Board approve the attached PCC Amendments as presented. MOTION: "I make a Motion approving the attached revisions to PCC Chapter 18 as presented." 78 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, November 28, 2023, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 18, Subdivision Ordinance. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 79 PITTSYLVANIA COUNTY CODE CHAPTER 18 SUBDIVISION ORDINANCE Article I. General Considerations § 18-1. Incorporation of State Laws § 18-2. Definition § 18-3. Administration § 18-4. Duties § 18-5. To Consult Article II. Submission of Plats § 18-6. Platting Required § 18-7. Appeal of Disapproval by Agent § 18-8. Draw and Certify § 18-9. Owner's Statement § 18-10. No One Exempt § 18-11. Private Contracts § 18-12. Necessary Changes § 18-13. Fees Article III. Requirements of Subdivisions § 18-14. Mutual Responsibility § 18-15. Land must be Suitable § 18-16. Flooding § 18-17. Building Site § 18-18. Improvements § 18-19. Bond § 18-20. Plans and Specifications § 18-21. Part of a Tract § 18-22. Lots § 18-23. Blocks § 18-24. Streets § 18-25. Monuments § 18-26. Reservation of Land for Public Purposes Article IV. 80 Approval of Plats § 18-27. Approval Required Before Sale § 18-28. Preliminary Sketch § 18-29. Preliminary Plat § 18-30. Procedure § 18-31. No Guarantee § 18-32. Six Months' Limit § 18-33. Final Plat § 18-34. Conditions § 18-35. Special Provisions Article V. Advertising Standards § 18-36. Advertising Standards Article VII. Effectual Clauses § 18-37. Exceptions § 18-38. Penalties § 18-39. Severability § 18-40. Repeal § 18-41. Amendments § 18-42. Street and Highway Construction 81 PITTSYLVANIA COUNTY CODE CHAPTER 18 SUBDIVISION ORDINANCE An ordinance to regulate the subdivision of property into lots, streets, alleys, and other public areas, to provide for the making and recording of plats of such subdivisions and the certification of same and provide for the approval of plats. Whereas, pursuant to Chapter 22, Article 6 of Title 15.2, Code of Virginia 1950, as amended, the Board of Supervisors of Pittsylvania County, Virginia, is authorized to adopt regulations to assure the orderly subdivision of land and its development, to provide for the harmonious and economic development of the county, for the coordination of streets within subdivisions of land with other existing or planned streets, for adequate open spaces for traffic, recreation, light and air, and for distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity. Therefore, be it ordered by the Board of Supervisors of Pittsylvania County, Virginia, that the following regulations are hereby adopted for the subdivision of land within unincorporated portions of Pittsylvania County, and from and after the effective date of this ordinance, every owner or proprietor of any tract of land to which these regulations apply after the approval of the Board of Supervisors or designated agent, shall cause a plat of such subdivision developed and prepared in accordance with these regulations with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the Circuit Court wherein deeds conveying such land are required by law to be recorded. A copy of said plat shall also be filed in the office of the Commissioner of Revenue. PITTSYLVANIA COUNTY CODE 82 CHAPTER 18 SUBDIVISION ORDINANCE Purpose: The purpose of this ordinance is to establish certain standards for the division of land into subdivided parts in accordance with procedures established by Pittsylvania County, Virginia, within such of its geographical area as may come under jurisdiction of the governing body. These regulations are part of a long-range plan to guide and facilitate the orderly beneficial growth of the community, and to promote the public health, safety, convenience, comfort, prosperity and general welfare. More specifically, the purpose of these standards and procedures are to provide a guide for the change that occurs when lands and acreage become urban in character as a result of development for residential, business or industrial purposes; to provide assurance that the purchasers of lots are buying a commodity that is suitable for development and use; and to make possible the provisions of public services in a safe, adequate and efficient manner. Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained and numerous public services customary to urban areas must be provided. This ordinance assists the community in meeting these responsibilities. Article I. General Considerations Sec. 18-1. Incorporation of State Laws This ordinance hereby incorporates by reference Title 15.2, Chapter 22, Article 6 of the Code of Virginia (1950), as amended; and related laws. Sec. 18-2. Definitions For the purpose of this ordinance, certain words and terms used herein shall be interpreted or defined as follows: Words used in the present tense include the future, words in the singular number include the plural, and the plural the singular, unless the natural construction of the word indicates otherwise; the word "lot" includes the word "parcel"; the word "shall" is mandatory and not discretionary; the word "approve" shall be considered to be followed by the words "or disapprove"; and reference to this ordinance includes all ordinances amending or supplementing the same; all distances and areas refer to measurement in a horizontal plane. (a) Agent. The representative of the Board of Supervisors of Pittsylvania County who has been appointed agent of the Board in approving subdivision plats. (b) Alley. A permanent service way providing a secondary means of access to abutting properties. (c) Building line. The distance which a building is from the front line or front boundary line. 83 (d) Commission. The Planning Commission of Pittsylvania County, Virginia. (e) Cul-de-sac. A street with only one outlet and having an appropriate turn-around for a state and convenient reverse traffic movement. (f) Developer. An owner of property being subdivided, whether or not represented by an agent. (g) Easement. A grant by a property owner of the use of land for a specific purpose or purposes. (h) Engineer. An engineer licensed by the Commonwealth of Virginia. (i) Governing Body. The Board of Supervisors of Pittsylvania County, Virginia. (j) Health Official. Either the health director or sanitarian of Pittsylvania County, Virginia. (k) Highway Engineer. The resident engineer employed by the Virginia Department of Transportation. (l) Jurisdiction. The area or territory subject to the legislative control of the governing body. (m) Lot. A numbered and recorded portion of a subdivision intended for transfer of ownership or for building development for a single building and its accessory building. (n) Lot, corner. A lot abutting upon two (2) or more streets at their intersection; the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot. (o) Lot, depth of. The mean horizontal distance between the front and rear lot lines. (p) Lot, double frontage. An interior lot having frontage on two (2) streets. (q) Lot of record. A lot which has been recorded in the office of the Clerk of the Circuit Court. (r) Lot, width of. The mean horizontal distance between the side lot lines. (s) Planned Residential Communities. Is a planned unit development consisting of varied types of residential land use and density. All Planned Residential Communities (PRC) must comply with this subdivision ordinance and are subject to additional requirements as may be deemed necessary by the Board or its designated agent. (t) Plat. Includes the terms map, plan, plot, replat, or replot; a map or plan of a tract or parcel of land which is to be, or which has been subdivided. When used as a verb "plat" is synonymous with "subdivide." 84 (u) Property. Any tract, lot, parcel or several of the same collected together for the purpose of subdividing. (v) Remnant. There shall be no remnants of land left in a subdivision. (w) Re-subdivision. The division of a lot, parcel, or tract in an approved subdivision into two (2) or more lots, parcels, or tracts. All resubdivisions shall comply and be subject to the same policies and procedures as a subdivision. (x) Street. A public right-of-way, or publicly dedicated right-of-way which offers a primary means of vehicular ingress and egress, or access, to properties, or abutting properties, or provides for through traffic, whether designated as a highway, street, avenue, boulevard, road, lane, alley or any other public way. (B.S.M. 07/01/02) (y) Street or alley, public use of. The unrestricted use of a specified area or right of way for ingress and egress to two (2) or more abutting properties. (z) Street, major. A heavily traveled thoroughfare or highway that carries a large volume of through traffic, or anticipated traffic exceeding five hundred (500) vehicles per day. (aa)Street, other. A street that is used primarily as a means of public access to the abutting properties with anticipated traffic of less than five hundred (500) vehicles per day. (bb) Street, service drive. A public right of way generally paralleled and contiguous to a major highway, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right of way by providing safe and orderly points of access to the highway. (cc) Street width. The total width of the strip of land dedicated or reserved for public travel, including roadway, curbs, gutters, sidewalks, and planting strips. (dd) Subdivision. A subdivision shall mean the division of any-lot, parcel, or tract of land into four (4) or more parts each for the purpose of transfer of ownership or building development, or if a new street is involved in such division, any division of a parcel of land is required to meet the requirements of this ordinance. (B.S.M. 04/06/87), (B.S.M. 07/01/02) The term subdivision shall not include a bona fide single division or partition of land between immediate family members for a building site. The term “immediate family” shall be defined as provided for in Virginia Code Section 15.2-2244 A, as the same may be from time to time amended, which is incorporated herein by reference. Any such division shall be subject to provisions of Virginia Code Section 15.2-2244.1, as the same may from time to time be amended. In addition, no division of land which has been ordered by a Court of competent jurisdiction shall be subject to the provision of this ordinance. (B.S.M. 07/07/08)(B.S.M. 12/21/10) The word “subdivide” and any derivative thereof shall have reference to the term “subdivider” as defined below: 85 (ee) Subdivider. An individual, corporation or registered partnership, owning any tract, lot or parcel of land to be subdivided, or group of (2) two or more persons owning any tract, lot or parcel of land to be subdivided, who has given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing, or executing the legal requirements of the subdivision. (ff) Surveyor. Certified land surveyor as licensed by the Commonwealth of Virginia. Sec. 18-3. Administration The County Administrator, or his designee hereby is designated the agent appointed by the Board of Supervisors to administer this ordinance. In so acting, the agent shall be considered the agent of the Board of Supervisors, and approval or disapproval by the agent shall constitute approval or disapproval until countermanded by the Board of Supervisors. (B.S.M. 07/01/02) Sec. 18-4. Duties The agent shall perform its duties as regards subdivisions and subdividing in accordance with this ordinance and with Article 7 of the Virginia Planning Act. Sec. 18-5. To Consult In the performance of its duties the agent may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat. This authority by the agent shall have particular reference to the resident highway engineer and the health officer. Article II. Procedure for Making and Recording Plats Sec. 18-6. Platting Required Any owner or developer of any tract of land situated within Pittsylvania County who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments to be made and recorded in the office of the clerk of the Circuit Court of Pittsylvania, Virginia. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the agent in accordance with the regulations set forth in this ordinance. No lot shall be sold in any such subdivision before the plat shall have been recorded. Sec. 18-7. Appeal of Disapproval by Agent In the event a plan for subdivision is disapproved by the agent, the subdivider may appeal to the governing body which may then override the recommendation of the agent and approve said plat. 86 Sec. 18-8. Draw and Certify Every such plat shall be prepared by a surveyor or civil engineer duly licensed by the State of Virginia, who shall endorse upon each plat a certificate signed by him setting forth the source of the title of the land subdivided, and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat, within an insert block, or by means of a dotted boundary line upon the plat. Sec. 18-9. Owner's Statement Every such plat, or the deed of dedication to which such plat is attached, shall contain in addition to the surveyor's or civil engineer's certificate a statement to the effect that "the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in this plat is with free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any," which shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgements of deeds and when thus executed and approved as herein specified shall be filed and recorded in the office of the clerk of the Circuit Court of Pittsylvania County, Virginia, and included under the names of the land owners signing such statement and under the name of the subdivision. Sec. 18-10. No One Exempt No person shall subdivide any tract of land that is located within Pittsylvania County as defined in Article 7 of the Virginia Planning Act except in conformity with the provisions of this ordinance. Sec. 18-11. Private Contracts This ordinance bears no relation to any private easement, covenant, agreement or restrictions, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this ordinance calls for more restrictive standards than are required by private contract the provisions of this ordinance shall control. Sec. 18-12. Necessary Changes No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the agent has been endorsed in writing on the plat or sheets, unless authorization for such changes have been granted in writing by the agent. Sec. 18-13. Fees There shall be a charge for the examination and approval or disapproval of every plat reviewed by the agent. At the time of filing the final plat in the Administrator's Office, the subdivider may pay in cash or deposit with the agent checks payable to the treasurer in the amount of twenty-five dollars ($25.00) per plat plus one dollar ($1.00) per lot. In the event a plat is disapproved there will be a fee of ten dollars ($10.00) payable on return of the disapproved plat. 87 Article III. Requirements of Subdivisions Sec. 18-14. Mutual Responsibility There is a mutual responsibility between the subdivider and the county to divide the land so as to improve the general use pattern of the land being subdivided. Sec. 18-15. Land Must be Suitable The agent shall not approve the subdivision of land if from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed. Sec. 18-16. Flooding Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, or for such other uses as may increase danger of health, life or property, or aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare. Sec. 18-17. Building Site To insure that residents will have sufficient land upon which to build a house which is flood free, the agent may require the subdivider to provide elevation and flood profiles sufficient to demonstrate the land to be completely free of the danger of flood waters. Sec. 18-18. Improvements All required improvements shall be installed by the subdivider at his cost. In cases where specifications have been established either by the Virginia Department of Transportation or local ordinances and codes, such specifications shall be followed. The subdivider's bond shall not be released until construction has been inspected and approved by the appropriate engineer. All improvements shall be in accordance with the following requirements: (B.S.M. 07/01/02) A. Lot size - public water and sewer. Residential lots served by both public water and public sewer systems shall be seventy-five (75) feet or more in width at the building line and ten thousand (10,000) square feet or more in area;. provided, however, smaller lot sizes may be approved by the Board of Supervisors as part of a rezoning application for lots in the Residential Planned Unit Development District. B. Lot size - public water or sewer. Residential lots served by either public water or public sewer systems shall be one hundred (100) feet or more in width at the building line and fifteen thousand (15,000) feet or more in area. C. Lot size - neither public water nor sewer. Residential lots served by neither public water nor public sewer systems shall be one hundred (100) feet or more in width and twenty thousand (20,000) square feet or more in area. 88 D. Minimum front footage. The minimum allowable front footage on a lot fronting on a public street shall be fifty (50) feet, except (i) that the minimum for lots on a cul-de- sac shall be thirty (30) feet or (ii) for property fronting on a private street with the minimum approved lot width in the Residential Planned Unit Development District as approved by the Board of Supervisors as part of a rezoning application. E. Septic tanks. The agent shall not approve any subdivision where sanitary sewers are not provided unless that agent shall receive in writing from the health official, a statement to the effect that the area contained in the subdivision is satisfactory for the installation of septic tanks, and that they will not create hazards to public health on an individual lot by all basis. F. Exceptions. Greater lot areas may be required where individual septic tanks or individual wells are used if the health official determines that there are factors of drainage, soil condition or other conditions to cause potential health problems. The agency may require that data from percolation tests be submitted as a basis for passing upon subdivisions dependent upon septic tanks as a means of sewage disposal. G. Flood control and drainage. The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property including flood control devices. The subdivider shall also provide plans for all such improvements together with a certified engineer's statement that such improvements, when properly installed, will be adequate for proper development. The highway engineer shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the highway engineer. H. Easements. The agent may require that easements for drainage through adjoining property be provided by the subdivider. Easements of not less than ten (10) feet in width shall be provided for water, sewer, power lines and other utilities in the subdivision when required by the agent. I. Public water. Where public water is available the service shall be extended to all lots within a subdivision. J. Private water and/or sewer. Nothing in this regulation shall prevent the installation of privately owned water distribution systems or sewage collection and treatment facilities, provided, however, that any such installations must meet all of the requirements of the State Water Control Boar, the State Health Department, and any other State or local regulation having authority over such installations. K. Fire protection. The installation of adequate fire hydrants in a subdivision at locations approved by the agent may be required, provided necessary public water is available. The agent shall consult with the proper authority before approving such location. Sec. 18-19. Bond Before any subdivision plat will be finally approved by the agent, the subdivider shall, in lieu of completed construction of any street, curb, sidewalk, drainage or sewage system, or other improvements to be financed in whole or part by private funds, furnish to the governing body a certified check in the amount of estimated costs of construction, or a performance bond, with surety satisfactory to the governing body in an amount calculated by the agent to be sufficient for 89 and conditioned upon the construction of such facilities or the required improvements, in a workmanlike manner, and in accordance with specifications and construction schedules established or approved by the appropriate engineer, which bond shall be payable to and held by the Board of Supervisors. Upon written request by the subdivider or developer, the governing body, or its agent, shall provide periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required by the governing body, in accordance with the provisions of Title 15.2-2245 of the Code of Virginia, as amended. The governing body shall not provide final complete release of any bond, escrow, letter of credit, or other performance guarantee required for the proper construction of subdivision streets until these streets are accepted into the secondary road system of the Virginia Department of Transportation. When it shall become necessary to forfeit the bond to cover required improvement, once three (3) houses are completed in subdivision section with four (4) or more lots, the County subdivision agent shall notify the developer by registered or certified mail of the County's intent to forfeit the bond. The developer may establish a schedule to complete the work with the subdivision agent; such schedule shall not exceed six (6) months from the date of the certified notice. A waiver on the six (6) months requirement may be granted by the Board of Supervisors upon written request to the Board of Supervisors at regularly scheduled meeting. (B.S.M. 07/01/02) Sec. 18-20. Plans and Specifications Three (3) blue or black line prints of the plans and specifications for all required physical improvements to be installed, shall be prepared by a certified land surveyor or civil engineer and shall be submitted to the agent, who shall approve or disapprove within thirty (30) days, except as Section 18-29 (H.) is applicable. If approved, one (1) copy bearing certification of such approval shall be returned to the subdivider. If disapproved, all papers shall be returned to the subdivider with the reason of disapproval in writing. In the event no action is taken in thirty (30) days such subdivision shall be deemed approved. Sec. 18-21. Part of a Tract Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat. Sec. 18-22. Lots A. Shape. The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and conform to requirements of this ordinance. Lots shall not contain peculiarly shaped elongation's solely to provide necessary square footage of area, which would be unusable for normal purposes. B. Location. Each lot shall abut on a street dedicated by the subdivision plat, or on an existing publicly dedicated street, or on a street, which has become public by right of use, or on a private street approved in the Residential Planned Unit Development District by the Board of Supervisors as part of a rezoning application . If the existing streets are not fifty (50) feet in width, the subdivider shall make provisions in the deeds to the lots for all buildings to be so constructed as to permit the widening by dedication of such roads or streets to a width of fifty (50) feet. 90 C. Building lines. It is recommended that all structures have a minimum setback of thirty (30) feet from any street right-of-way line except in a Residential Planned Unit Development District and such setbacks will comply with the requirements of the Residential Planned Unit Development District regulations. D. Corner lots. Corner lots shall have extra width sufficient for maintenance of any required building lines on both streets as required by the agent. E. Side lines. Side lines of lots shall be approximately at right angles, or radial to the street line. F. Remnants. All remnants of lots below minimum size left over after subdividing of a tract must be added to adjacent lots, or otherwise disposed of rather than allowed to remain unusable parcels. Sec. 18-23. Blocks A. Length and width. The maximum length of blocks generally shall be twelve hundred (1,200) feet and the minimum length of blocks upon which lots have frontage shall generally be five hundred (500) feet. except as part of a Residential Planned Unit Development District community design plan approved by the Board of Supervisors during the rezoning process. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets, unless prevented by topographical conditions or size of the property, in which case the agent may approve a single tier of lots of minimum depth. B. Orientation. Where a subdivision adjoins a major road, the commission may require that the greater dimension of the block shall front or back upon such major thoroughfare to avoid unnecessary ingress or egress. C. Business or industrial. Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities. Sec. 18-24. Streets A. Alignment and layout. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Where, in the opinion of the agent, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary of land proposed for subdivision may not be permitted. Wherever possible, streets should interest at right angles. In all hillside areas streets running with contours shall be required to intersect at angles of not less than sixty (60) degrees, unless approved by the highway engineer. B. Approach angle. Major streets shall approach the major or collector streets at an angle or not less than eighty (80) degrees, unless the agent upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns. C. Minimum widths. The minimum widths of proposed streets, measured from 91 the lot line, shall be as shown on the major street plan, or if not shown on such plan shall be: 1. As identified in the VDOT subdivision street standards on 24VAC 30-90- 380 Table I as revised by VDOT. 2. Rural rustic roads, as defined by Virginia Department of Transportation, not less than thirty (30) feet. (B.S.M. 09/19/02) 3. Or other minor streets which cannot be extended in the future – no less than forty (40) feet. (B.S.M. 09/01/02) D. Construction requirements. Unless otherwise specified, all street construction requirements shall be those of the Virginia Department of Transportation for acceptance into the State secondary system, including but not limited to the current edition of: "Subdivision Street Requirements" and "Pavement Design Guide for Subdivision and Secondary Roads in Virginia”, as both are amended from time to time. (B.S.M. 07/01/02) E. Cul-de-sacs. Shall meet the requirements of VDOT 24VAC 30-90-380 subdivision standard as revised by VDOT. (B.S.M. 03/21/06) F. Alleys. Alleys should be avoided wherever possible except for an alley located in the Residential Planned Unit Development District that is approved by the Board of Supervisors as part of the rezoning process.. Dead-end alleys, if unavoidable, shall be provided with adequate turnaround facilities as determined by the agent. G. Private streets. Except as provided in Section 15.2-2267 Code of Virginia, 1950, as the same may from time to time be amended, there shall be no private streets platted in any subdivision except for an alley located in the Residential Planned Unit Development District that is approved by the Board of Supervisors as part of the rezoning process. Every subdivided property shall be served from a publicly dedicated street except properties located within the Residential Planned Unit Development District that are served by a private street approved by the Board of Supervisors as part of the rezoning process. There shall be no reserved strips controlling access to streets, except where the control of such strips is definitely placed within the community under conditions approved by the agent. (B.S.M. 03/21/06) H. Names. Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of the existing street. In no case shall the name of proposed streets duplicate existing street names in Pittsylvania County and adjoining jurisdictions, irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane or court. Street names shall be indicated on the preliminary and final plats, and shall be approved by the agent. Names of existing streets shall not be changed except by approval of the Board of Supervisors. I. Identification signs. Street identification signs of an approved design shall be installed at all intersections. J. Grades. Deleted in its entirety. (B.S.M. 03/21/06) Sec. 18-25. Monuments 92 A. Visible for inspection. Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the highway engineer are clearly visible for inspection and use. Such monuments shall be inspected and approved by the engineer before any improvements are accepted by the Board of Supervisors. B. Location - permanent. Permanent monuments shall be set at all street corners, at all points where the street line intersects the exterior boundaries of the subdivision, and at right angle points, and points of curve in each street. The top of the monument shall have an appropriate mark to identify properly the location. C. Location - iron. All other lot corners shall be marked with solid iron not less than five- eight's (5/8) inch in diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade. When rock is encountered, drill a hole four (4) inches deep in the rock and cement a steel or iron rod at least five-eight's (5/8) inch diameter whose top shall be flush with the finished grade line. Sec. 18-26. Reservation of Land for Public Purposes The Board of Supervisors or Planning Commission may require subdividers of residential subdivisions to set aside land for parks, playgrounds, schools, libraries, county buildings, and similar public and semipublic uses, subject to the following regulations: A. Subdividers shall not be required to reserve land for public purposes other than streets, drainage, parks and playgrounds, except on a reimbursement basis. They shall be reimbursed by the jurisdiction or agency requiring the land. The county shall be required to obtain an option upon the property involved for a period of twelve (12) months following the recording of the plat for such purchase. If the land is not purchased within the said twelve (12) months it may be sold as lots for the same purpose for which the subdivision was platted. To facilitate such possible eventual sale of reserved land as separate lots, the subdivider shall show on his final plat, by dotted lines and dotted numbers, the sizes and dimensions of lots to be created within the boundaries of any such reserved land, and may sell such lots, after the expiration date of the reservation, by lot number, without filing an amended plat. B. The commission shall make certain that lands so reserved are divisible in the same manner as the remainder of the subdivision so that the subdivider will not be required to reserve an unusable portion of his subdivision. Article IV. Approval of Plats Sec. 18-27. Approval Required Before Sale Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or his agent shall apply in writing to the agent for the approval of the subdivision plat and submit three (3) copies of the preliminary plat including the lot, street and utilities layout. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded in the following manner. Sec. 18-28. Preliminary Sketch The subdivider may, if he so chooses, submit to the agent a preliminary sketch of the proposed subdivision prior to his preparing an engineered preliminary, and final plat. The purpose of such 93 preliminary sketch is to permit the agent to advise the subdivider whether his plans in general, are in accordance with the requirements of this ordinance. The commission, upon submission of any preliminary sketch, shall study it, and advise the subdivider wherein it appears that changes would be necessary. The agent may mark the preliminary sketch indicating necessary changes and any such marked sketch shall be returned to the commission with the preliminary plat. Sec. 18-29. Preliminary Plat The subdivider shall present to the agent three (3) copies of a preliminary layout at a scale of not less than one hundred (100) feet to the inch as a preliminary plat. The preliminary plat shall include the following information: A. Name of subdivision, owner, subdivider, surveyor or engineer, date of drawing, number of sheets, magisterial district, adjoining property owners, true north point and scale. B. Location of proposed subdivision by an insert map at a scale of not less than two (2) inches equal one (1) mile showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks. C. The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than one in twenty-five hundred; total acreage, acreage of subdivided area, number and approximate area and frontage of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines within the boundaries of the tract and adjoining such boundaries. D. All existing, platted and proposed streets, their names, number and width; existing utility or other easements, public areas and parking spaces; culverts, drains and water courses, their names and other pertinent data. E. All parcels of land to be dedicated for public use and the conditions of such dedication. F. Location of proposed docks or piers on waterfront property is required. Such proposed location must meet the requirements of the Army Corp of Engineers, the Division of Game and Inland Fisheries and the Smith Mountain Lake Policy Advisory Board depending on the jurisdiction. It is the developer's responsibility to find out what jurisdictional authority controls the waterway in question. (B.S.M. 08/07/89) G. Elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the center line of streets together with proposed grade lines connecting therewith. H. Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply. Should alternate means of sewage disposal and water supply require State Health Department and/or State Water Control Board approval, then the thirty (30) day plat approval period in Section 18-20 is not applicable. I. Provision for collecting and discharging surface drainage and preliminary designs of any structures that may be required. 94 J. A minimum of two control points on each plat sheet must be identified with their X and Y coordinate values based on the NAD 1983 State Plane Virginia South FIPS 4502 (US Feet) projected coordinate system. (B.S.M. 3/15/22) Sec. 18-30. Procedure The agent or his appointed representative shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of the subdivision ordinance. The subdivider shall then be advised in writing within thirty (30) days, which may be by formal letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made, and an estimate of the cost of construction or improvements and the amount of the performance bond which will be required as a prerequisite to approval of the final subdivision plat. In determining the cost of required improvements and the amount of performance bond, the agent may consult with a duly licensed engineer who shall prepare this data for the agent if the subdivider does not provide a bona fide estimate of the cost of improvements. Sec. 18-31. No Guarantee Approval by the agent of the preliminary plat does not constitute a guarantee of approval of the final plat. Sec. 18-32. Six Months' Limit The subdivider shall have not more than six (6) months after receiving official notification concerning the preliminary plat to file with the agent a final subdivision plat in accordance with this ordinance. Failure so to do shall make preliminary approval null and void. The agent may, on written request by the subdivider, grant an extension of this time limit. Sec. 18-33. Final Plat The final plat shall meet the standards of quality required under the Virginia Public Records Act as defined in Section 42.1-76 of the Code of Virginia, as amended, 1950. The subdivision plat submitted for final approval by the governing body, or it’s designated Agent, and subsequent recording shall be clearly and legibly drawn in ink upon reproducible Mylar paper at a scale of one hundred (100) feet to the inch on sheets having a size of eighteen by twenty inches (18" X 20"). In addition to the requirements of the preliminary plat the final plat shall include the following: (B.S.M. 07/01/02) A. A blank oblong space of 3" X 5" shall be reserved for the use of the approving authority. B. Certificate signed by the surveyor or engineer setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title. 95 C. A statement to the effect that the subdivision as it appears on this plat is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any, which shall be duly acknowledged before some officer authorized to take acknowledgements of deeds. D. When the subdivision consists of land acquired from more than one source of title the outlines of the various tracts shall be indicated be dash-lines, and identification of the respective tracts shall be placed on the plat. E. The accurate location and dimensions by bearings and distances with curve data on all lots and street lines and center lines of streets, boundaries of all proposed or existing easements, parks, school sites or other public areas, the number and area of all building sites, all existing public and private streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits including their size and type, water courses and their names, names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundaries. F. Distances and bearings must balance and close with an accuracy of not less than one in ten thousand. G. The data of all curves along the street frontage shall be shown in detail at the curve or in a curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings. H. A minimum of two control points on each plat sheet must be identified with their X and Y coordinate values based on the NAD 1983 State Plane Virginia South FIPS 4502 (US Feet) projected coordinate system. (B.S.M. 3/15/22) Sec. 18-34. Conditions The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this ordinance, and has posted a satisfactory performance bond, cash property, or other bonds to cover the cost of necessary improvements, in lieu of construction, with surety satisfactory to the agent. Approval of final plat shall be written on the face of the plat by the agent, who shall direct the plat to be recorded; otherwise agent shall mark plat "void" and return same to subdivider. Sec. 18-35. Special Provisions Special provisions for restriction of any nature affecting the subdivided property shall be properly displayed on the plat. Article V. Advertising Standards 96 Sec. 18-36. Advertising Standards A subdivider, when advertising a subdivided tract of land for sale, shall be specific as to the type of water and sewage facilities available. Article VI. Effectual Clauses Sec. 18-37. Exceptions Where the subdivider can show that a provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the agent a departure may be made without destroying the intent of such provisions, the agent may authorize an exception. Any exception thus authorized is to be stated in writing in the report of the agent with the reasoning on which the departure was justified, set forth. All exceptions granted to the development of streets in a subdivision will coincide with the approval of the Resident Engineer’s office. (B.S.M. 4/6/87) The exceptions authorized by this section specifically include surface treatment of the streets. Sec. 18-38. Penalties Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine or not less than ten dollars ($10.00) nor more than two hundred and fifty ($250.00), and each day after the first during which violation shall continue shall constitute a separate violation punishable by a ten dollar ($10.00) fine. Sec. 18-39. Severability Should any article, section, subsection or provision of this subdivision ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this subdivision ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. Sec. 18-40. Repeal All ordinances or portions of ordinances in conflict with this ordinance are hereby repealed to the extent of their conflict. Sec. 18-41. Amendments This ordinance may be amended in whole or in part by the governing body provided that any such amendment shall either originate with or be submitted to the commission for recommendations; and further provided that no such amendment shall be adopted without a public hearing having been held by the governing body. Notice of the time and place of the hearing shall be published once a week for two successive weeks in some newspaper published or having general circulation in Pittsylvania County and the hearing shall be held not less than six (6) days or more than twenty-one (21) days after final publication. 97 Sec. 18-42. Street and Highway Construction The intent of the Board of Supervisors is to require the necessary street and highway construction requirements needed to make all subdivision roads eligible for acceptance into the Secondary Road System of the Virginia Department of Transportation. or, if a street remains private in an approved Residential Planned Unit Development District, such street is of sufficient design and has adequate systems in place to be maintained by the property owners association established for such subdivision pursuant to Sec. 35-302. Before approval of the roads in any final subdivision plat shall be given, the highway engineer for Pittsylvania County shall submit in writing that all requirements and specifications of the Virginia Department of Transportation for acceptance into the Secondary Road System have been met. This approval does not indicate, however, that such roads will be immediately accepted by the Secondary Road System of the Virginia Department of Transportation. All approved subdivisions with a minimum of three dwelling units per mile shall receive top priority for acceptance into the Secondary Road System of Virginia Department of Transportation by the Board of Supervisors. After the effective date of this ordinance, all subdivisions shall incorporate the road design standards developed by the Virginia Department of Transportation for acceptance into the Secondary Road System, including but not limited to the current edition of: “Subdivision Street Requirements” and “Pavement Design Guide for Subdivision and Secondary Roads in Virginia”, as both are amended from time to time. (B.S.M. 7/1/02) The provisions of this Ordinance which changes, amends and re-enacts the Pittsylvania County Subdivision Ordinance adopted in 1965 shall take effect immediately upon its adoption by the Board of Supervisors. Adopted October 20, 1986. This ordinance was amended on April 6, 1987, March 16, 1989, August 7, 1989, July 1, 2002, November 19, 2002, March 21, 2006, July 7, 2008, December 21, 2010, and March 15, 2022. 98 10.b.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: Pittsylvania County Code Chapter 25(J) Revision Approval (Small Purchases Threshold Increase) Staff Contact(s): Connie Gibson Agenda Date: November 28, 2023 Item Number: 10.b.2. Attachment(s): 1. 11-28-2023 PCC Chapter 25J - Small Purchases Reviewed By: SUMMARY: County Purchasing Manager, Connie Gibson, is requesting that the County's Small Purchase threshold be increased due to the following: o Prices have increased significantly over the last three (3) years. o The supply chain is consistently backlogged and a variety of vendors is needed without increased work by staff members to acquire three (3) bids. o Many purchases are needed because of the nature (landfill, Public Works, B&G etc..) of the County Department, which must receive quotes for just about every purchase needed. It is time-consuming to try to find vendors that will give us bids. Vendors are limited in our area for the needs of the department. o Vendors do not want to spend time giving us quotes on such small purchases (depending on their goods/services). It is expected that we will receive more quotes from vendors if we increase the threshold. After researching more than seventeen (17) other governmental agencies (Cities/Counties), the County's Small Purchase threshold amounts appear to be out of line with other agencies. 99 This Public Hearing was duly advertised in the Chatham Star Tribune on November 15, 2023, and November 22, 2023. For the Board's review and consideration, attached are the proposed PCC revisions. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following the conducting of the legally required Public Hearing, County Purchasing Staff recommends the Board approve the attached PCC Amendments as presented. MOTION: "I make a Motion approving the attached revisions to PCC Chapter 25(J) as presented." 100 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, November 28, 2023, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code Chapter 25(J), Small Purchases. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 101 a. Contracts for architectural or engineering services; or b. Construction. This subdivision shall not be construed to prohibit sole source or emergency procurements awarded pursuant to subsections E and F of § 2.2-4303. Subdivision 2 shall not apply to (i) the installation of artificial turf and track surfaces, (ii) stream restoration, or (iii) stormwater management practices, including all associated and necessary construction and maintenance. I. Small Purchases. a. Purchases where the estimated total cost of the materials, equipment, supplies, shipping, insurance, construction, or service are not expected to exceed One Hundred Thousand Dollars ($100,000) may be awarded in accordance with procedures delineated in the most recently approved Purchasing Procedures/Regulations. Small purchase procedures shall include but are not limited to the following provisions: i. Purchases from nongovernmental sources where the estimated total cost of the goods or services are $10,000 $15,000 or greater but less than $100,000 may be made after soliciting a minimum of three (3) written quotations. ii. Purchases from nongovernmental sources where the estimated total cost of the goods or services is $1,000 $5,000 or greater but less than $10,000 $15,000 may be made after soliciting a minimum of three (3) written or documented verbal or telephonic quotations. iii. Purchases where the estimated total cost of the goods or services is less than $1,000 $5,000 may be made upon receipt of one (1) fair and reasonable price. iv. Purchase of used equipment, defined as equipment which has been previously owned and used where the estimated total cost is $5,000 or greater but less than $100,000, may be made after soliciting a minimum of two (2) written quotations; award shall be based on the offer deemed to be in the best interest of Pittsylvania County. Prior to the award of a contract for used equipment, a person technically knowledgeable of the type of equipment sought shall document the condition of the equipment stating that this purchase would be in the best interest of the County as part of the purchase documentation; price reasonableness shall be considered in determining award. 102 12.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Sheriff/County MOA Renewal Execution Approval Staff Contact(s): Holly Stanfield Agenda Date: November 28, 2023 Item Number: 12.a. Attachment(s): 1. Sheriff MOA Renewal Reviewed By: SUMMARY: On June 16, 2020, the Board approved a Memorandum of Agreement (“MOA”) with the County and the Pittsylvania County Sheriff (“Sheriff”), Michael W. Taylor. Said MOA will expire on December 31, 2023. For the Board's review and consideration, attached is an updated MOA for renewal to be effective on January 1, 2024, and end on December 31, 2027. The only revisions to the previous MOA are as follows: • Item 13. The Sheriff acknowledges and agrees that, except as required by law, any increase in funding by the VCB to the Sheriff and/or his/her employees/appointees above the level of compensation set by the County’s Uniform Pay and Classification Plan shallmay be used to supplant County funding of the Sheriff and his/her employees/appointees’ salaries. • The addition of item 15. Pittsylvania County, Virginia (“County”), desires to start offering an additional Short-Term Disability Benefit (“STDB”) for all newly full-time (“FT”) sworn Sheriff’s Deputies for recruitment and retention purposes. To help with this effort, the County will subsidize all but $10 per month of the premium cost of the maximum STDB of $2,000 per month (“Subsidy”), which is offered by the County’s third-party Benefits Administrator. According to the STDB Carrier, a full-time employee must work a minimum of 40 hours per week, annually to qualify for this benefit. 103 The County will cover this STDB Subsidy for two (2) years from date of hire. Additionally, for the first year of the STDB implementation, Deputies with less than two (2) years of County service would be offered the STDB Subsidy beginning January 1, 2024. Said Deputies would be allowed this STDB Subsidy for two (2) years from this date. Newly sworn FT Deputies that fall under this STDB Subsidy and choose to opt out of this STDB Subsidy will be required to sign a waiver stating that they were offered the STDB Subsidy and declined it. At no time will the Deputy be able to elect the STDB Subsidy after the waiver has been signed. FINANCIAL IMPACT AND FUNDING SOURCE: The cost of this additional STDB benefit is $7,850 for FY2024, and will come from the Sheriff’s Operating Budget. RECOMMENDATION: County Staff recommends the Board approve the Sheriff's MOA renewal as attached. MOTION: “I make a Motion approving the Sheriff's MOA renewal as attached.” 104 Page 1 of 4 CONSTITUTIONAL OFFICER MEMORANDUM OF AGREEMENT This Constitutional Officer Memorandum of Agreement (“MOA”), made this 28th day of November, 2023, by and between the Pittsylvania County Board of Supervisors (“Board”), and the Michael W. Taylor, Pittsylvania County Sheriff (“Sheriff”); (individually “Party;” collectively “Parties”) recites and agrees with the following recitals: RECITALS WHEREAS, in accordance with § 2.2-3008, Code of Virginia, 1950, as amended, employees and appointees of Constitutional Officers may be accepted in a local governing body’s Grievance Procedure or Personnel Plan, if agreed to by both Parties; and WHEREAS, the employees/appointees receive salary allocations from the Commonwealth of Virginia’s Compensation Board (“VCB”) for themselves and some of their employees/appointees; and WHEREAS, the Board currently funds out of local revenue, and without VCB funding, the salaries of some of the employees/appointees of the personnel of the Sheriff’s Office; and WHEREAS, the employees/appointees desire that the Board supplement the salary allocations for themselves and those employees/appointees which are VCB funded, as permitted by law; and WHEREAS, as permitted by law, the Board is willing to fund the salaries of the locally funded employees/appointees of the Sheriff and to supplement the funding allocated by the VCB for the salaries of those employees/appointees funded by the VCB in consideration of the employee/appointee agreeing to adopt and abide by certain of Pittsylvania County, Virginia’s (“County”) Human Resources Polices; and WHEREAS, § 15.2-1605.1, Code of Virginia, 1950, as amended, permits the Sheriff and the Board to agree that the Board will supplement the salaries of the Sheriff and his/her employee/appointees; now, therefore: WITNESSETH In consideration to the mutual covenants and promises contained herein, the Board and the Sheriff agree as follows: 1. The MOA’s term shall be effective, retroactively, on January 1, 2024, and end on December 31, 2027; and 2. The Board and the Sheriff shall be able to cancel/void this MOA at any time during the MOA’s Term, provided the moving Party provides the other Party at least a one-hundred and eighty (180) day written notice; and 105 Page 2 of 4 3. Employees/Appointees of the Sheriff are appointed under § 15.2-1603, Code of Virginia, 1950, as amended, and shall be considered “at will” employees/appointees of the Sheriff regardless of whether the employee/appointee is locally funded or funded by the VCB; and 4. All Sheriff employees shall be appointed by the Sheriff. The Sheriff agrees to fully and completely adopt, follow, and be bound by the County’s Personnel Plan, except in the following areas: Qualifications for Employment; Applicant Process; Hiring; Appointments; Vacancies; Classification of Positions; Administration of Pay Plan; Pay of Employees Based on Performance; Promotions; Scheduling; Employee/Appointee; Discipline; Separations; In-Service Activities; Off-Duty Management; Rules of Conduct; Re-employment Procedures; and Grievance Procedures; and 5. The Sheriff agrees to fully adopt, follow, and administer FMLA as outlined in the County’s Personnel Plan. The Board agrees that the Sheriff shall have sole discretionary authority to administer leave for eligible Sheriff employees who exhaust FMLA leave benefits, and may need additional leave beyond the FMLA twelve (12)-week entitlement period; and 6. Except as provided herein or required by law, the Sheriff does hereby adopt and agree that he/she and employees/appointees shall be under County’s Uniform Pay and Classification Plan; and 7. The Board agrees that, except as required by law, all employees/appointees of the Sheriff shall be classified, graded, and compensated (to include fringe benefits and overtime considerations) in conformance with the County’s Uniform Pay and Classification Plan to the extent required to meet the level of compensation accorded under the Plan; and 8. The Board will subject itself to the lawful appropriation of funds, and the supplement of said funds, appropriated by the VCB and obtainable grant funding; and 9. The Board agrees to supplement the salaries of the Sheriff’s Office in the amount determined by the Board after consultation with the Sheriff; and 10. The Board agrees that the Sheriff has sole authority over the employee/appointee’s increase/decrease in salary compensation and it shall be based upon a satisfactory annual evaluation that has been reviewed by both the employee’s Supervisor and the Sheriff. Increases will be determined by the Sheriff and subject to Board appropriation of funds for said merit increases; and 11. The Board agrees to continue to encourage retention of Sheriff’s employees/appointees by continuing to appropriate supplemental funding for educational achievements; and 12. The Board agrees that in the occurrence a present employee/appointee is being compensated at a rate not consistent with the County’s Uniform Pay and Classification Plan, the Board will not decrease the employee/appointee’s compensation schedule; and future employees shall be paid in accordance with the County’s Uniform Pay and Classification Plan; and 106 Page 3 of 4 13. The Sheriff acknowledges and agrees that, except as required by law, any increase in funding by the VCB to the Sheriff and/or his/her employees/appointees above the level of compensation set by the County’s Uniform Pay and Classification Plan shall may be used to supplant County funding of the Sheriff and his/her employees/appointees’ salaries; and 14. To the extent that provisions of this MOA, any County Policy, or the County’s Uniform Pay and Classification Plan conflicts with any mandatory requirements established by the Commonwealth of Virginia, VCB, or the U.S. Department of Labor, the mandatory state or federal requirement shall control.; and 15. Pittsylvania County, Virginia (“County”), desires to start offering an additional Short-Term Disability Benefit (“STDB”) for all newly full-time (“FT”) sworn Sheriff’s Deputies for recruitment and retention purposes. To help with this effort, the County will subsidize all but $10 per month of the premium cost of the maximum STDB of $2,000 per month (“Subsidy”), which is offered by the County’s third-party Benefits Administrator. According to the STDB Carrier, a full-time employee must work a minimum of 40 hours per week, annually to qualify for this benefit. The County will cover this STDB Subsidy for two (2) years from date of hire. Additionally, for the first year of the STDB implementation, Deputies with less than two (2) years of County service would be offered the STDB Subsidy beginning January 1, 2024. Said Deputies would be allowed this STDB Subsidy for two (2) years from this date. Newly sworn FT Deputies that fall under this STDB Subsidy and choose to opt out of this STDB Subsidy will be required to sign a waiver stating that they were offered the STDB Subsidy and declined it. At no time will the Deputy be able to elect the STDB Subsidy after the waiver has been signed. IN WITNESS WHEREOF, the Parties have caused this MOA to be duly executed intending to be bound thereby. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS By: Title: Date: APPROVED AS TO FORM: By: Title: Date: 107 Page 4 of 4 PITTSYLVANIA COUNTY SHERIFF By: Title: Date: 108 WAIVER OF COVERAGE I, understand I have been offered a Short-term Disability plan with a total monthly benefit of $2,000 with a subsidy to cover all but $10 per month toward the cost of premiums for a period of 2 years from my hire date. I further understand, by waiving coverage at this time, I will be unable to receive this subsidy at any time prior to end of the 2- year term. I, therefore, waive coverage of this benefit. Signed: Date: 109