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02-09-2023 Legislative Committee - FINALPITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ LEGISLATIVE COMMITTEE February 9, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ Legislative Committee was held on February 9, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (2:30 PM) Chesher called the Meeting to Order at 2:30 PM. Attendee Name Title Status Arrived Tim Chesher Chairman - Dan River District Present 12:33 PM Robert M Tucker, Jr. Supervisor - Banister District Present 12:33 PM Robert ("Bob") W. Warren Supervisor - Chatham Blairs District Present 12:49 PM Dudley and Dalton were also in attendance. Ingram entered at 1:08 PM and Scearce entered at 1:29 PM. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Tucker SECONDER: Warren AYES: Chesher, Tucker, Warren NEW BUSINESS a. PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and Employees) Revisions Review (Staff Contact: Kaylyn M. McCluster) Chapter 31 of the Code of Virginia outlines the Conflict of Interest Act for State and Local Government, which includes annual disclosure statements that are required to be filed. Virginia § 2.2-3115 was recently updated and now requires Industrial Development Authority Members to file the Statement of Economic Interest Form, instead of the Financial Disclosure Statement. County Staff was also contacted by the Office of Children’s Services stating that all CPMT and FAPT Members who are Parent Representatives and/or Private Providers, need to complete the Statement of Economic Interest form as well. For the above reasons, Pittsylvania County Code (“PCC”), Chapter 43, Disclosure of Personal Business Interests by County Officials and Employees, needs to be updated to reflect said Virginia Code changes, and to bring all other Boards and Commissions up to date with current filing requirements. There are Boards that have been eliminated and created since the last update to PCC Chapter 43. Finally, this year, the Virginia Conflict of Interest Advisory Council sent communication that localities can determine if they will allow electronic signature and acceptance of all annual filing Legislative Committee February 9, 2023 forms. If so, localities are required to adopt a written policy stating the same. County Staff believes including this addition to PCC Chapter 43 will make the collection of filing forms more efficient. Motion to forward the presented revisions to the full Board for consideration and approval. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Chesher AYES: Chesher, Tucker, Warren b. Short-Term Rentals Ordinance Preliminary Discussion (Staff Contact: Emily S. Ragsdale) Ragsdale stated that currently, the Virginia General Assembly is considering House Bill No. 2271, attached, which would amend and reenact Virginia Code § 15.2-983 relating to short-term rental property. If adopted, this Bill will restrict a locality’s ability to restrict or govern short-term rental property managed by a Virginia realtor. This Bill defines “short-term rentals” as “the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy. The term “short-term rentals” includes homestays, whole home rentals, bed and breakfasts, hotels/motels, and boarding houses. Currently, the County only regulates hotels/motels. With the increased popularity in short-term rentals across the country due to the prevalent use of online rental platforms and the potential for increased traffic to the area soon, the lack of regulations of short-term rental uses could begin to create adverse effects on County properties near short-term rentals. If HB 2271 is adopted prior to the County adopting short-term rental regulations, the County would lose the ability to regulate short-term rentals managed by a Virginia realtor in the future. Ragsdale recommended looking at regulations regarding short-term rentals before potentially losing that ability. Hunt suggested adding this to the March Work Session Agenda for discussion. There were suggestions made to get information out to citizens regarding this potential change, and Ragsdale stated she would look possibly at a survey to receive citizen input and report that information back to the Board. c. Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale) In 2021, PCC § 35-141(C), Utility Scale Solar Energy Facility, was amended increasing regulations for Utility Scale Solar Energy Facilities. Specifically, said PCC section was revised to increase buffering requirements and provide additional controls to ensure all conditions and regulations are met prior to producing power, while reducing the required distance between approved projects to allow the County to capitalize on the ability to enter into Siting Agreements as allowed by the Code of Virginia. In October 2022, the Board instructed County Community Development Staff to propose further amendments to PCC § 35- 141 to further restrict the development of Utility Scale Solar Energy Facilities. On January 3, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the proposed amendments be adopted. Tucker requested Ragsdale to separate the solar information by District to allow each Supervisor Legislative Committee February 9, 2023 to see what is available in each District. Chesher requested ten (10) miles between the facilities, instead of five (5) miles. Warren stated his concerns with the ten (10) mile recommendation and does not want the County to have unintended consequences that could potentially hinder a large project. After much discussion, there was a recommendation to exempt the Industrial Parks from this regulation. Motion to forward this item to the full Board for approval with the additions of protecting the Industrial Parks that are defined within the County. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Tucker AYES: Chesher, Tucker, Warren d. Temporary Residential Occupancy of Campers Ordinance Review (Staff Contact: Emily S. Ragsdale) To ensure that the County’s Zoning Ordinance can promote the general welfare of County citizens, County Community Development Staff was instructed to draft proposed Ordinance revisions to potentially allow recreational vehicles to be used as a temporary dwelling in specific situations that result in the primary dwelling being rendered uninhabitable by the County Code Official, if certain conditions are met. There was much discussion regarding not limiting this benefit to certain districts or lot size, working with the resident to establish a payment plan should they be delinquent on personal property taxes, and excluding situations where the disaster was intentional. County Staff was instructed to make revisions and present the new draft at the February Business Meeting. ADJOURNMENT Chesher adjourned the Meeting at 2:17 PM.