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11-15-2022 Business Meeting - FINALPITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING November 15, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on November 15, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Ingram called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present. Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 6:56 PM Tim Chesher Supervisor - Dan River District Present 6:51 PM Darrell Dalton Supervisor - Callands-Gretna District Present 6:59 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:46 PM Ronald S. Scearce Supervisor - Westover District Present 6:57 PM Robert M Tucker, Jr. Supervisor - Banister District Present 6:46 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:54 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda under Matters from Work Session: • SRO Grant as 13a • Convenience Center Improvements as 13b • Fire and Rescue Funding as 13c • Land Use Deadline Extension as 13d RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Chesher SECONDER: AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren CONSENT AGENDA Motion to approve Consent Agenda. Board of Supervisors November 15, 2022 Business Meeting Warren stated that item 7f, Resolution # 2022-11-02, is wonderful to honor Harville, but he would like to amend the Resolution to include language in the proposal, that once Berry Hill is open and there are roads being placed in there, to name a road in Memory of Harville, since he was instrumental in the Berry Hill project. Warren also recommended including Sherman Saunders to be recognized and a road named in his honor in Berry Hill once those roads are installed. RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Warren AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. County's 2022 October Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Virginia Code 2.2-3712(B) Public Announcement Approval (Staff Contact: Kaylyn M. McCluster) d. Pittsylvania County Sports Hall of Fame Congratulations Letters Submission Approval (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2022-11-01 (Honoring Joe Mantiply) Adoption (Staff Contact: Kaylyn M. McCluster) f. Resolution # 2022-11-02 (Honoring Coy E. Harville) Adoption (Contact: Chairman Ingram) g. Resolution # 2022-11-03 (Honoring Bachelor’s Hall Fire and Rescue Department’s 60 Years of Service) Adoption (Contact: Chairman Ingram) h. Third Town of Chatham/County Master Water and Sewer Agreement Extension Approval Ratification (Staff Contact: Chris D. Adcock) i. Public Works Utility Easement Right-of-Way Clearing/Maintenance Agreement Approval (Staff Contact: Chris D. Adcock) j. Procurement Policy Revisions Approval (Staff Contact: Connie M. Gibson) PRESENTATIONS a. General Presentations (Board of Supervisors) Joe Mantiply, the family of Coy Harville, and members of Bachelors Hall Fire and Rescue were present to accept Resolutions that were adopted on the Consent Agenda. HEARING OF THE CITIZENS Jim Scearce, Westover District, began speaking on Fire and Rescue Agencies, but was then escorted out of the Meeting. Vanessa Scearce, Westover District, requested the Board stop playing politics. She suggested all citizens to attend the Meetings to eliminate the half-truths from circulating. She also shared her Board of Supervisors November 15, 2022 Business Meeting concern and opposition regarding the potential RV park in the Westover District and welcomed Tucker to the Board. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-22-032: Timothy and Deborah Dinoto; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Scearce) Ingram opened the Public Hearing at 7:37 PM. Dinoto was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 7:38 PM. Motion to approve the rezoning of 53.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a second dwelling to be placed on the property. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren Case 2: Public Hearing: Case R-22-029: J Cubas Holdings, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 5-3 vote, with opposition, that the Petitioner's request be granted. (Supervisor Scearce) Ingram opened the Public Hearing at 7:39 PM. Cubas was present to represent the Petition and gave a presentation that can be found on the County’s website at www.pittsylvaniacountyva.gov. The Board took a recess at 8:54 PM and returned at 9:04 PM. Irvin Moss, Jr, shared his compassion for his community and stated his opposition regarding the RV Resort and asked the Board to deny this request. Rosylind Fitz stated she is a resident of the Westover District and a member of Mount Lebanon Missionary Baptist Church, located at 220 Vandola Church Road. She stated this land is very close to her church and they do not want this RV Resort in their community. Tara Clayton stated her opposition for the RV Resort and stated there are no benefits for those who live in this community. Bonnie Moss also stated her opposition and stated she would have appreciated Cubas reaching out to those in the community about this. Board of Supervisors November 15, 2022 Business Meeting Donna Kernodle stated her opposition regarding this rezoning and asked the Board would they put this resort in their neighborhood. Daniel Fullor stated he moved to County last year from Washington State and decided to relocate here due to the community, location, and land. This resort would bring more traffic down this road and create noise that is unnecessary. He worries that intoxicated campers would walk onto his property or farm and that they could be harmed due to his cattle or dogs. He is also concerned about the safety of his family. Vanessa Scearce commended her Supervisor for calling a Town Hall Meeting regarding this resort once he found out about this project and stated her opposition for this RV resort. Gary Clark read the following statement from the Pittsylvania County Zoning Department, “The Pittsylvania County Zoning Department helps protect property owners by regulating uses and ensuring that future development is compatible with the area, ultimately protecting property values” and requested the Board to follow it because the citizens of this district have asked. James Howerton lives across the road from this project, and he voiced his concerns about the construction of this project. He stated not all the land can be used unless they dynamite the property, and he would like someone to be responsible for any damage done to his property. Scott Burke stated he lives in the Vandola Community for the reason of living in rural Pittsylvania County and this would increase the number of people within the community. He has 344 signatures on a petition against the RV resort and voiced his opposition. Marvin Hylton lives across this property and is concerned about his property value. Jimmy Adams attends Mount Lebanon Missionary Baptist Church. He said there will be homelessness, people without jobs, and many other things that could happen when the casino comes, and his main concern is why would you bring an RV park to that area. Rev. Larry Younger has been a member of Mount Lebanon Missionary Baptist Church for twenty (20) years. He stated this RV resort will be near the church and it is just not the right place for it. Michael Wilson voiced his opposition for this RV resort and asked the Board if they would like to have a casino or an RV resort in their neighborhood. Cubas spoke once more. Ingram closed the Public Hearing at 10:34 PM. Motion to deny the rezoning of this property. Board of Supervisors November 15, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren NEW BUSINESS a. Solid Waste Violation Appeal (Staff Contact: Emily S. Ragsdale) On September 23, 2022, a letter was sent to Robert Adams (“Adams”), owner of GPIN # 1462- 35-0995, notifying him of a Solid Waste Violation on the property. County Community Development Staff was conducting an inspection for an open Building Permit on adjacent property that is accessed through the subject property, when they noticed a large hole that had been filled with trash and debris and a large amount of scrap metal that was being stored on the subject property. This constitutes a violation of Pittsylvania County Code (“PCC”), Chapter 17, Solid Waste, which states, “It shall be unlawful to place solid waste in any street, alley, and stream, body of water, woods, or any other public place or upon private property. It shall be unlawful for the owner or the occupant of any real property to allow solid waste to remain upon the property more than thirty days after the owner or occupant knew or reasonably should have known of the presence of the solid waste.” Additionally, Chapter 17 also states “Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons disposing of such matter or in authorized facilities provided for such purpose and in no other manner not authorized by law.” On October 3, 2022, Adams came into the Community Development Office and inquired about the process to appeal the Zoning Administrator’s determination that the material was in fact solid waste per PCC §§ 17-3(o) and 17-6. Per PCC § 17-7, Appeals regarding this matter are appealed to the Board. The Board has never had this type of appeal presented to it and would like time to review the item more to make an informed decision. Motion to table item. RESULT: APPROVED [6 TO 0]; (1 Abstention) MOVER: Tucker SECONDER: Dudley AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker ABSTAIN: Warren MATTERS FROM WORK SESSION (IF ANY) a. SRO Grant Board of Supervisors November 15, 2022 Business Meeting Sheriff Taylor and Van Der Hyde provided updated information recently received from the Attorney General’s Office. They stated the Sheriff’s Department can still use the existing positions for SROS, but if they do, the Board still needs to appropriate that number of positions for the Grant, which would mean that they would still have to hire ten (10) new SROs. Motion to proceed with acceptance of the SRO Grant, as presented in the Work Session earlier, with the intent of the County securing these additional positions and every effort be made to fill those positions, and the County gets confirmation of additional funding from the Governor who has said he wants SRO Officers in every school division. Also, these positions will not be filled, if it will be detrimental to Sheriff Department field officers and their presence in order to protect the citizens of our community. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Ingram AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren b. Convenience Center Improvements Motion to accept the presentation that was given in the Work Session and proceed with the County Staff related recommendation. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Tucker AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren c. Fire and Rescue Funding Warren echoed his statements he made in the Work Session regarding the funds being placed into an emergency fund. Motion to approve funding both the increase per call for a total of $78,000, as well as the funding for the matrix for a total of $97,000 RESULT: APPROVED [4 TO 3] MOVER: Ingram SECONDER: Chesher AYES: Ingram, Chesher, Dalton, Tucker NAYS: Dudley, Scearce, Warren d. Land Use Deadline Extension Motion to extend the Land Use Certification filing deadline until December 20, 2022, provided the material is mailed to County citizens no later than November 18, 2022, and to get this information placed on the County’s website and social media. Board of Supervisors November 15, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Darrell Dalton, Supervisor - Callands-Gretna District AYES: Ingram, Chesher, Dalton, Dudley, Scearce, Tucker, Warren BOARD MEMBER REPORTS • Chesher welcomed Tucker to the Board and thanked the Board for a good evening. • Dudley welcomed Tucker to the Board and thanked everyone for attending and congratulated Richard Hicks for accepting a job with the Berkley Group. He also wished everyone a Happy Thanksgiving. • Warren welcomed Tucker and he also thanked citizens of the County for supporting the School System and passing the 1% Schools’ Tax Referendum. He also congratulated all Sports Hall of Fame inductees and thanked Bowman and Henderson for their hard work for the County Hall of fame. He wished everyone a Happy Thanksgiving. • Scearce thanked his colleagues for their support regarding the Luxury RV Resort Project in the Vandola Community. • Tucker thanked Judge Moreau for his appointment to the Board. He thanked the Board for the warm reception and for everyone being so helpful. He also thanked County Staff and stated he had a very smooth process of getting acclimated on the Board. He thanked the citizens who came out and those who watched online. He finally wished everyone a Happy Thanksgiving and requested to keep in prayer the UVA family and all families who were affected by the tragedy. • Dalton wished everyone a Happy Thanksgiving and he also echoed sentiments regarding the UVA families. He welcomed Tucker to the Board and thanked County Staff and everyone for coming out to the Meeting. • Ingram recognized the Hall of Fame recipients and recognized Veterans. He celebrated his wedding anniversary of thirty-seven (37) years. He welcomed Tucker to the Board and wished everyone a Happy Thanksgiving. COUNTY ADMINISTRATOR REPORTS Hunt thanked the Board for its hard work, and he welcomed Tucker to the Board. He thanked all citizens who came out and wished everyone a Happy thanksgiving. ADJOURNMENT Ingram adjourned the Meeting at 11:19 PM.