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03-21-2023 Business Meeting - FINALPITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS’ MEETING March 21, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on March 21, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Dalton called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; Timothy W. Chesher - Dan River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. AGENDA ITEMS TO BE ADDED Motion by Ingram, Second by Chesher, to add the reappointment of J.D. Brown as the Northeast Quadrant Representative on the Fire and Rescue Commission. Substitute Motion by Dudley, seconded by Tucker, to table this item to the Board’s April Business Meeting. RESULT: 6-1 (Approve) MOVER: Dudley SECONDER: Tucker AYES: Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: Dalton ABSTAIN: None Motion to add the following Items to the Agenda: -Capital Project FY 2023 Priorities under the Consent Agenda as item 7(j); -New County Administrator Employment Agreement under New Business as item 12(a); and -Summer Internship Program under Matters from Work Session as item 13(a). RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Scearce AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None CONSENT AGENDA Motion to approve Consent Agenda. RESULT: APPROVE MOVER: Chesher SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None a. Board Meeting Minutes Approval b. County's 2023 February Bill List Approval c. Danville Regional Foundation Recreation Master Plan Grant Appropriation Approval d. ARPA Funds Expenditure Approval (FRC); e. Public Safety Grant Application Approval f. Appointment: Dan River Alcohol Safety Action Program (Glenda Clark-Motley); (Full Board) g. Resolution # 2023-03-01 (Honoring George Coleman's Retirement) Adoption Approval h. Resolution # 2023-03-02 (Honoring the Life of Ronnie Haymore) Adoption Approval i. Resolution # 2023-03-03 (FY23 - 24 Tax Rate and Fees Confirmation) Adoption Approval j. Capital Project FY2023 Priorities PRESENTATIONS George Coleman and the family of Ronnie Haymore were present to accept Resolutions that were adopted on the Consent Agenda. HEARING OF THE CITIZENS Jim Scearce, Westover District, spoke about his disagreement regarding his recent lawsuit against the former Chairman of the Board and it being dismissed by the County’s Circuit Court Judge. Brenda Bowman, Chatham-Blairs District, thanked the Board for their support as VDOT moves forward with the traffic study on Route 41. She also warned travelers of that corridor, and asked that they be aware and cautious when traveling. Bowman requested the Board ask State Troopers and our local Sheriff's Department to have more of a presence in that area to be a possible deterrent to speeding in this area. John Zelinski, Chatham-Blairs District, shared his concerns regarding household trash and recommended the Board create an Ordinance to prevent dumping of trash. Vanessa Scearce, Westover District, shared her recommendation that the Board create written policies for the Board Meetings that always require a full view of the Board during the Meeting, and an additional view of the person speaking should be shot from another camera. She also suggested similar policies related to cell phones during Closed Sessions. She believes these policies would show citizens that this Board is concerned about representing truth and demands leadership accountability. PUBLIC HEARINGS Rezoning Public Hearings 1. Public Hearing: Case R-23-001; Riceville Baptist Church: Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Tucker). In Case R-23-001, Riceville Baptist Church (“Petitioner”) petitioned to rezone 4.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a cemetery on joint church property). The subject property is located on State Road 640/Riceville Road, in the Banister Election District, and shown on the Tax Maps GPIN # 2488-42-9343. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:43 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:43 PM. Motion to approve the rezoning of 4.0 acres, from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 2. Public Hearing: Case R-23-002; Joseph Hairston; Rezoning from B-2, Business District, General, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Ingram). In Case R-23-002, Joseph Hairston (“Petitioner”) petitioned to rezone 0.67 acres from B-2, Business District, General, to A-1, Agricultural District (to allow for two (2) single family dwellings). The subject property is located on State Road 622/Cascade Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1336-87-9357. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:45 PM. Hairston was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:45 PM. Motion to approve the rezoning of 0.67 acres, from B-2, Business District, General, to A-1, Agricultural District, to allow two (2) dwellings on the property. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Warren AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 3. Public Hearing: Case R-23-003; Thompson & Wyatt, Inc; Rezoning from R-1, Residential Suburban Subdivision District; to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner's request be granted (Supervisor Tucker). In Case R-23-003, Thompson & Wyatt, Inc. (“Petitioner”), petitioned to rezone 87.278 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be subdivided). The subject property is located off State Road 1004/Pritchett Lane, in the Banister Election District, and shown on the Tax Map as GPIN# 2430-47-5444. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:47 PM. Thompson was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:47 PM. Motion to approve the rezoning of 87.278 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be subdivided. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 4. Public Hearing: Case R-23-004; Danny Daniel; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Ingram). In Case R-23-004, Danny Daniel (“Petitioner”) petitioned to rezone 0.053 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow the property to be consolidated with an adjacent parcel zoned R-1). The subject property is located off State Road 834/Jones Mill Road, in the Tunstall Election District, and shown on the Tax Maps as part of GPIN # 2403-13-3655. Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:49 PM. Daniel was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:49 PM. Motion to approve the rezoning of 0.053 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Warren AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 5. Public Hearing: Case R-23-005; Jessica South Perdue; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Chesher). In Case R-23-005, Jessica South Perdue (“Petitioner”) has petitioned to rezone 6.0 acres from RC- 1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow the placement of an accessory structure). The subject property is located off Chaney’s Store Road, in the Dan River Election District, and shown on the Tax Maps as GPIN #s 2345-97-0946 & 2345-98- 1105. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:51 PM. Jessica Perdue was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:51 PM. Motion to approve the rezoning of 6.0 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow an accessory structure to be placed on the property. RESULT: 7-0 (Approve) MOVER: Chesher SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 6. Public Hearing: Case R-23-006; Robert and Virginia Mathewson; Rezoning from RPD, Residential Planned Unit Development, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted (Supervisor Dudley). In Case R-23-006, Robert and Virginia Mathewson (“Petitioners”) have petitioned to rezone 21.65 acres from RPD, Residential Planned Unit Development District, to A-1, Agricultural District (to allow the property to be consolidated with an adjacent parcel zoned A-1). The subject property is located on Robin Ridge Court, in the Staunton River Election District, and shown on the Tax Maps as GPIN # 1594-74-8104. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On February 7, 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 7:53 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:54 PM. Motion to approve the rezoning of 21.65 acres, from RPD, Residential Planned Unit Development District, to A-1, Agricultural District, to allow property lines to be adjusted. RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Chesher AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 7. Public Hearing: Case R-23-007; Triple S Farms of Ringgold, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to B-2, Business District, General. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached (Supervisor Chesher). In Case R-23-007, Triple S Farms of Ringgold, LLC (“Petitioner”), petitioned to rezone 3.376 acres from R-1, Residential Suburban Subdivision District, to B-2, Business District, General (to allow for a commercial parking facility and the repair of trucks). The subject property is located on State Road 655/Tom Fork Road, in the Dan River Election District, and shown on the Tax Maps as part of GPIN # 2347-83-8484. Once the property is rezoned to B-2, all uses listed under Pittsylvania County Code § 35-366 are permitted. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:56 PM. Jason Swaringen was present to represent the Petition. Dalton closed the Public Hearing at 7:56 PM. Motion to approve the rezoning of 3.376 acres, from R-1, Residential Suburban Subdivision District, to B-2, Business District, General, to allow for a commercial parking facility and the repair of trucks. RESULT: 7-0 (Approve) MOVER: Chesher SECONDER: Warren AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None 8. Public Hearing: Case R-23-008; Triple S Farms of Ringgold, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner's request be granted (Supervisor Chesher). In Case R-23-008, Triple S Farms of Ringgold, LLC (“Petitioner”), petitioned to rezone 68.764 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for agricultural uses). The subject property is located off State Road 655/Tom Fork Road, in the Dan River Election District, and shown on the Tax Maps as part of GPIN # 2347-83-8484. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On February 7, 2023, the Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioner’s request be granted. Dalton opened the Public Hearing at 7:59 PM. Jason Swaringen was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:59 PM. Motion to approve the rezoning of 68.764 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural uses. RESULT: 7-0 (Approve) MOVER: Chesher SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None Other Public Hearings 1. PCC Zoning Ordinance Revisions (Solar) In 2021, Pittsylvania County Code (“PCC”) § 35-141(C), Utility Scale Solar Energy Facility, was amended to increase 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 Virginia Code. In October 2022, the Board instructed County Community Development Staff to propose additional 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. On March 7, 2023, the Legislative Committee voted to send the proposed revisions to the full Board for review and consideration. Dalton opened the Public Hearing at 8:04 PM and the following citizens spoke: Chuck Angier, Callands-Gretna District, stated he would like to see a moratorium and he suggested including verbiage on how the five (5) mile limit is calculated and the boundaries should include the entire project. He suggested having an online portal for citizens to have access to view what each solar project is producing. Bonita Hines, shared her thoughts about the solar farm that is proposed to be built on top of Berry Hill Road. She stated that Buford Road is a very small road and is only 17.3 feet across at one point. There are small children, school buses, elderly people, and travelers on that road and this will cause more chaos in that area. She requested reconsideration of using this road. Virginia Laubinger, also spoke about her opposition to using Buford Road for the Berry Hill Road Solar Farm. Ken Moss, Callands-Gretna District, spoke on behalf of the Buford Road Community, and asked the Board to reconsider Solar in the County. He requested putting together a committee to review the issues that are known, as well as things that are still unknown at this time. Lives are being disturbed, property values are being destroyed and he pleaded with the Board to come to a resolution for this issue. Sonja Ingram, Chatham-Blairs District, stated her concerns regarding the visual impacts to the landscapes and property values, environmental impacts, and is really surprised that there are solar facilities planned for several of the most historic locations in the County, such as Mt. Airy, Cedar Forest Mill, and the Berry Hill Road area. She doesn't agree with solar farms being placed on these pristine landscapes in the County. Amanda Sink Wydner, Callands-Gretna District, spoke on behalf of "Friends of Whittles" and stated her opposition for the increasing solar farms throughout the County. She stated these solar farms have strained, and even destroyed, relationships between neighbors. She requested help from the Board to stop these solar farms in the County, with a unanimous vote. Dalton closed the Public Hearing at 8:36 PM. Motion to approve the attached revisions to PCC § 35-141 as presented. RESULT: 7-0 (Approve) MOVER: Chesher SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None NEW BUSINESS New County Administrator Employment Agreement Motion to approve the Employment Agreement between Pittsylvania County and Stuart J. Turille, Jr., and appoint him as the new County Administrator for Pittsylvania County, effective April 1, 2023. RESULT: 6-1 (Approve) MOVER: Dudley SECONDER: Chesher AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley NAYS: Ingram ABSTAIN: None MATTERS FROM WORK SESSION (IF ANY) a. Summer Internship Program Motion to approve funding in the amount of $76,765 for the Summer Internship Program as discussed in the Work Session. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Chesher, Dudley, Ingram NAYS: None ABSTAIN: None BOARD MEMBER REPORTS • Tucker thanked Hunt for stepping in and stepping up as the Interim County Administrator. He also thanked County Staff for their preparation for the Meetings, and he also thanked the citizens for coming out and showing how democracy works. • Dudley thanked everyone for coming out. He thanked Dalton for his work as Chairman, and he also thanked Hunt for stepping up and taking on the additional responsibilities as Interim County Administrator. Dudley recognized his dad as he celebrated his 90th birthday this week. He also thanked County Staff and Board Members for their hard work as well. • Warren thanked Hunt for his wonderful job in this dual role during this transition period, and he appreciates him and his commitment to the County. He stated he had the opportunity to be in the company of residents on Horseshoe Road and they were so appreciative of the extension of the new water lines there. He thanked Board Members for the unanimous vote for that waterline and helping those in that community. Warren also sent condolences to Sheriff Taylor and his wife, as his mother-in-law passed away today. • Scearce thanked everyone who participated in the Friends of NRA Banquet last month, and stated they broke the State's record and raised well over $100,000 to go directly to the training of youth. • Ingram remembered the late Treasurer, Glenn Brown, as he passed away today. He also sent condolences to Sheriff Taylor and his family, and the family of Levi Burke. He stated today is National Down Syndrome Day and asked to remember all those special people. He congratulated the Tunstall Basketball team for their wonderful season, and recognized Debbie Taylor with Custom Embroidery, as she's been in business now for twenty-five (25) years. • Chesher thanked everyone for being in attendance, and thanked Hunt for wearing two (2) hats. He welcomed Turille to the County and looks forward to working with him. • Dalton thanked Hunt for his dedication during this transition period, and he welcomed Turille to the County. He asked everyone to remember the Glenn Brown family, as well as Sheriff Taylor and his family. He also thanked all Board Members for their hard work. COUNTY ADMINISTRATOR REPORTS Hunt thanked the Board for their guidance and support these past months and welcomed Turille to the County. He also thanked County Staff for stepping up and taking on new duties and making these past eight (8) months possible. ADJOURNMENT Dalton adjourned the Meeting at 9:13 PM.