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11-19-2024 Business Meeting - FINAL PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING November 19, 2024 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on November 19, 2024, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER Dalton called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Callands-Gretna District Robert M. Tucker, Jr. - Banister District Kenneth L. Bowman - Chatham-Blairs District Timothy W. Dudley - Staunton River District Eddie L. Hite, Jr. - Dan River District William V. (“Vic”) Ingram - Tunstall District Murray W. Whittle - Westover District AGENDA ITEMS TO BE ADDED Motion to revise the Agenda as follows: Add the following items to Consent Agenda: •Microporous LPA •Ringgold Rail Trail Bridge Repair Contract Approval •Appointment: West Piedmont Planning District Commission •Legal Services Remove item 10b. East Point Battery Storage Siting Agreement, from the Agenda. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Ingram AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approve) MOVER: Bowman SECONDER: Dudley AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None CONSENT AGENDA Motion to approve Consent Agenda. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Hite AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None a. Board Meeting Minutes Approval b. County's October 2024 Bill List Approval c. Revised Curl Parking Lot Lease Ratification Approval d. Curl Parking Lot Deed of Right for First Refusal Approval Ratification e. RiverStreet Networks' BEAD Application Letter of Support Transmission Approval f. Gospel Tabernacle Outreach Center Lease Termination Notice Letter Transmission Approval g. Resolution # 2024-11-01 Adoption (Supporting Board’s 2025 Legislative Priority Agenda) h. Resolution # 2024-11-02 Adoption (Honoring Haymore’s Volunteer Fire and EMS Service) i. Resolution # 2024-11-03 Adoption (Honoring Doss’ PCHS Work) j. Law Enforcement Mutual Aid Agreements Execution Approval (2) k. Stryker Preventative Maintenance Contract Approval l. Open Space Land Use Contract Approval (Laurel, Inc.; Parcel ID # 2400-95-7151) m. “Road to Revolution” Historical Marker Application Submission Approval (at Old Callands Courthouse; Original Committee of Safety (January 1775) Commemoration) n. FY 25/26 County Budget Calendar Approval o. Appointment: CPMT (Private Provider); (Hank Daniels) p. Appointment: IDA (Callands-Gretna District); (Bill Nuckols) q. DSS Air Handlers Contract Award Approval r. Jasper Wood Road Intent to Abandon Road Notice Approval (Sutherlin) s. County Administrator Executive Search Firm Contract Approval t. Microporous LPA Approval u. Ringgold Rail Trail Bridge Repair Contract Approval v. Appointment: West Piedmont Planning District Commission (N. Dillard Jones) w. Legal Services PRESENTATIONS a. General Presentations The Board presented Resolutions to H.F. Haymore and Mack Doss for their years of community service to Pittsylvania County. b. DPCS Annual Report Presentation Geary Davis, DPCS Board Member, presented the annual report for fiscal year 2024. The report highlights the agency's focus on bringing wellness to the community through mental health, substance use, and developmental disabilities services. Davis emphasized the importance of the dimensions of wellness and the agency's efforts to promote recovery and wellness, and the report also includes success stories of individuals who have benefited from the agency's programs and services HEARING OF THE CITIZENS Ella Robertson, Banister District, expressed concerns about the impact of power plants and data centers on rural neighborhoods. John Owen, Callands-Gretna District, questioned the transparency and legality of the Board's actions regarding a proposed data center and battery storage facility. Anna Nunez, Public Affairs Specialist for the U.S. Small Business Administration (SBA) Office of Disaster Recovery and Resilience, shared information about the Virginia Presidential Disaster Declaration for Tropical Storm Halene. Speaking as both a professional and a survivor of natural disasters in Texas, she expressed empathy for affected residents and thanked key individuals, including Kaylyn McCluster (Clerk to the Board), Christopher Key (Public Safety Director), and Vice Chairman Robert Tucker for their assistance and warm welcome. Nunez outlined the disaster assistance available from the SBA, emphasizing that residents do not need to own a business to apply for SBA loans. She highlighted that Pittsylvania County is eligible for both SBA and FEMA assistance, with deadlines for FEMA Individual Assistance on December 2, 2024, and FEMA Public Assistance on November 22, 2024. The SBA offers three types of disaster loans to assist those affected by natural disasters. The Business Physical Damage Loan provides up to $2 million to cover business-related damages and financial losses. The Home Disaster Loan offers up to $500,000 to repair damage to primary residences and up to $100,000 for homeowners and renters to replace disaster-damaged personal property such as clothing, furniture, and appliances. Lastly, the Economic Injury Disaster Loan provides up to $2 million to help small businesses and nonprofit organizations meet ordinary and necessary financial obligations during recovery. James Adams raised concerns about the excavation of a family cemetery and requested the opportunity to review the site and plans. Kathy Ramsey, Banister District, urged the Board to address concerns, including the lack of a local convenience market, unsafe traffic conditions along State Road 57 and Route 640, and ongoing water issues in Robin Court. Patricia Dallas, Banister District, urged the Board to consider establishing a convenience market in her community, emphasizing the need for accessible essentials like bread and milk. She noted that residents currently travel ten (10) to fifteen (15) miles for basic items and asked the Board to seriously consider this request. Jenny Cole, Banister District, stated she had extensive expertise in geology and hydrology, and she raised concerns about the Balico Project, citing environmental risks, including water quality, pollution, and runoff, as well as issues with road usage and transparency. She urged the Board to prioritize community health and environmental integrity over revenue. Tonya Reynolds, Callands-Gretna District and co-founder and president of the Pittsylvania County SPCA, addressed the Board about animal welfare concerns. She highlighted the SPCA's efforts since 2007 to reduce the County's animal euthanasia rate, which initially exceeded 80%. She expressed concern over the County's decision since 2020 to stop addressing feral and community cats and fears that plans to resume trapping and euthanizing cats in 2025 could reverse progress. She urged the Board to review the packet she provided and consider the SPCA's position before implementing any changes. PUBLIC HEARINGS Rezoning Public Hearings 1. Case R-24-021: William and Lisa Myers; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. On October 1, 2024, the Planning Commission recommended by 6-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Hite) In Case R-24-021, William and Lisa Myers (“Petitioners”) have petitioned to rezone 5.0 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for a Class B Home Occupation on the property). The subject property is located on State Road 733/Barker Road, in the Dan River Election District, and shown on the Tax Maps as GPIN # 2348-32-5688. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On October 1, 2024, the Planning Commission recommended by a 6-0 vote, with no opposition, that the Petitioners' request be granted. Dalton opened the Public Hearing at 8:00 PM. Will Myers was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 8:00 PM. Motion to approve the rezoning of 5.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for a Class B Home Occupation on the property. RESULT: 7-0 (Approve) MOVER: Hite SECONDER: Ingram AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None 2. Case R-24-022: Jack Hudgins, Jr.; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. On October 1, 2024, the Planning Commission recommended by 6-0 vote, with no opposition, that the petitioner's request be granted. (Supervisor Ingram) In Case R-24-022, Jack Hudgins, Jr. (“Petitioner”) has petitioned to rezone 11.53 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 property is located on State Road 891/Deercrest Lane, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1368-87-8407. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On October 1, 2024, the Planning Commission recommended by a 6-0 vote, with no opposition, that the Petitioner's request be granted. Dalton opened the Public Hearing at 8:02 PM. Jack Hudgins was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 8:02 PM. Motion to approve the rezoning of 11.53 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) MOVER: Ingram SECONDER: Bowman AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None 3. Case R-24-023: Ray Atkins, Jr., and Randy Atkins; Rezoning from RC-1, Residential Combined Subdivision District, to R-1, Residential Suburban Subdivision District. On October 1, 2024, the Planning Commission recommended by 6-0 vote, with no opposition, that the petitioners' request be granted. (Supervisor Whittle) In Case R-24-023, Ray Atkins, Jr., and Randy Atkins (“Petitioners”) have petitioned to rezone 1.57 acres, from RC-1, Residential Combined Subdivision 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 on State Road 1132/Old Mayfield Road, in the Westover Election District, and shown on the Tax Maps as GPIN # 1369-34-6188. Once the property is rezoned to R- 1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On October 1, 2024, the Planning Commission recommended by a 6-0 vote, with no opposition, that the Petitioners' request be granted. Dalton opened the Public Hearing at 8:04 PM. was present to represent the Petition. No signed up to speak and Dalton closed the Public Hearing at 8:04 PM. Motion to approve the rezoning of 1.57 acres from RC-1, Residential Combined Subdivision District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted. RESULT: 7-0 (Approve) MOVER: Whittle SECONDER: Hite AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None Other Public Hearings 1. Public Hearing: Zoning Ordinance Mass Revision In June 2022, Pittsylvania County contracted with the Berkley Group to update Chapter 35 of the Pittsylvania County Code, the Pittsylvania County Zoning Ordinance. The current Ordinance was adopted in 1991, and minimal updates have occurred since that time. On October 1, 2024, the Planning Commission recommended by a 6-0 vote, with no opposition, that the Ordinance be adopted with the following addition: (B) Data centers shall be located on property with an existing transmission line or immediately adjacent to a property or easement with an existing transmission line unless the power is generated onsite. (1) No new transmission lines shall be constructed for the purpose of serving the data center. Caroline Vanterve and Rebecca Cobb, The Berkley Group representatives, presented a review of the Zoning Ordinance Mass Revision to the Board. After reviewing the draft, the Board discussed updates to the proposed version and decided to postpone the vote to the January meeting to allow more time for revisions and public input. The consulting group assisting with the update noted their work with the County would conclude after this meeting, but they would review any additional edits submitted through staff. Motion to postpone this item until January. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Ingram AYES: Dalton, Tucker, Bowman, Dudley, Hite, Ingram, Whittle NAYS: None ABSTAIN: None Dalton opened the Public Hearing at 8:35 PM. Mark Blanchet, Tunstall District, advocated for changes to the zoning ordinance regarding campgrounds, opposing restrictions on how long people can stay and requirements to share resident information. He emphasized the importance of allowing extended stays, particularly for workers involved in large construction projects like factories, who often reside in campgrounds. Removing these restrictions would support local growth, ease challenges for workers and campground owners, and facilitate smoother completion of development projects. Curtis Jefferson, Dan River District, expressed concerns about zoning restrictions limiting stays to six (6) months, arguing it discourages workers involved in local projects like solar fields and the casino from staying in the area. He emphasized that these workers bring significant economic benefits, spending money on groceries, fuel, and other local goods, while also contributing through permits and taxes. The speaker highlighted that his campground is discreet and does not disturb the community and urged the Board to reconsider the restrictions to support local growth and maintain their business viability. Tracy Love, Staunton River District, voiced concerns about proposed campground regulations, thanking the Board for prior adjustments, but urging further changes. She highlighted how restrictions on long-term stays would disrupt business, prevent expansions, and force campers, such as retirees visiting family, to leave prematurely. She emphasized the economic impact of workers and tourists who bring revenue to the area, warning that overly strict regulations could drive them to other counties or unregulated, non-compliant campgrounds. She urged the Board to consider the challenges campgrounds face in maintaining compliance while supporting local growth and tourism. Jeff Love, Staunton River District, spoke on behalf of the Pittsylvania County Camp Owners Association and raised concerns about proposed zoning changes, emphasizing their potential negative impact on campground operations and local development. He highlighted several issues, including limits on guest stays, excessive campsite size requirements, restrictions on retail items sold at campgrounds, and impractical rules about trash collection and RV parking. Love argued that these regulations would harm campgrounds, which rely heavily on transient workers and long-term guests due to the County's lack of tourist traffic. He also criticized the lack of input from campground owners during the zoning update process and called for changes to better support businesses, workers, and local growth, urging the Board to reject the proposed zoning regulations as written. The Board recessed at 8:58 PM. The Board reconvened at 9:06 PM Katie Whitehead, Chatham-Blairs District and representing the Concerned Citizens of Chalk Level and Whittles, urged the Board to address deficiencies in the draft zoning ordinance before voting. She expressed concerns about Balico LLC's new application, noting the draft ordinance does not account for data centers with on-site power generation. She proposed several revisions, including requiring such projects to meet power station regulations, explicitly protecting agricultural land, setting stricter noise limits aligned with World Health Organization guidelines, and mandating water usage assessments for data centers. She also warned that delaying the ordinance vote could allow the Balico project to proceed under outdated regulations, potentially exposing the County to harm. She emphasized the importance of adopting the ordinance promptly, with her suggested revisions, to protect residents and prevent adverse impacts from future projects. Amber Hutcherson, Staunton River District, expressed gratitude for the Board’s service and requested an extension of thirty (30) to ninety (90) days for public comment on the proposed zoning ordinance. She emphasized the importance of thorough community input, particularly given recent large-scale proposals, such as a 2,300-acre data center and power plant project, and a significant battery energy storage facility. She highlighted the need for careful planning and transparency to ensure the ordinance appropriately addresses infrastructure and community concerns. She also urged the Board to allow more time for citizens, businesses, and stakeholders to review and provide feedback on the ordinance. Dalton closed the Public Hearing at 9:16 PM. NEW BUSINESS None. BOARD MEMBER REPORTS • Hite reflected on a successful week in the County, highlighting the Governor's visit and the announcement of new developments at the Mega Park, which were the result of forward-thinking leaders. As the holiday season approaches, he urged the community to reach out to neighbors, especially those facing loneliness or loss. He emphasized the importance of showing care and support, reminding everyone to be thankful for life's blessings and to foster a sense of connection and compassion within their communities. • Tucker expressed gratitude for Veterans' service and addressed various community concerns. He emphasized the Board’s responsibility to ensure fairness in decision-making, particularly regarding the Balico project, while maintaining an equal-opportunity approach for all applicants. He clarified that a $900,000 grant was secured for the Robin Court water project set to begin in 2025 and noted that establishing convenience centers, such as the one requested for Spring Garden, is a private entrepreneurial function, not a Board responsibility. Addressing concerns about speed limits and signage, he explained that such matters fall under VDOT's jurisdiction. Tucker celebrated the announcement of Microporous' arrival in the Industrial Park as a transformative win for Pittsylvania County and highlighted its potential for attracting collateral businesses and boosting economic development. He concluded by thanking the staff and acknowledging Mr. Hunt for his contributions to the County. • Dudley expressed gratitude for the community's patience during the lengthy meeting and acknowledged H.F. Haymore for sixty (60) years of service to Pittsylvania County, highlighting his dedication and contributions as an exemplary citizen. He also recognized the community's involvement regarding the East Point battery storage project, which has been withdrawn, and reflected on productive conversations with residents. Dudley thanked County Attorney Hunt for his years of service and friendship, wishing him well in his future endeavors. He concluded by wishing everyone a Happy Thanksgiving. • Whittle congratulated his brother on being re-elected to Danville City Council and praised the successful opening of the Harville Saunders Parkway, which provides access to the Mega Park. He expressed gratitude to the staff and attendees, acknowledged Mr. Hunt for his support, and wished everyone a Happy Thanksgiving. • Bowman highlighted a busy and productive period, attending several community events and meetings, including the Farm Bureau Annual Dinner, the Pittsylvania County Sports Hall of Fame Induction Ceremony, and the announcement of Microporous' arrival at the Berry Hill Mega Site. He thanked Katie Whitehead for her detailed input on zoning concerns and praised the civility of discussions at the Java area data center forums. He also participated in events supporting veterans, including a recognition by the Dan River Ruritans and attending FEMA’s disaster assistance site, where 21 applicants received help. Bowman reflected on his military service, emphasizing the importance of suicide prevention, especially for veterans, as the holidays approach. He urged veterans in need to reach out to him or other resources for support. He concluded by thanking County staff, recognizing Mr. Hunt for his contributions, and wishing everyone a Happy Thanksgiving. • Ingram shared his appreciation for community milestones, extending congratulations to Dennis Dillion and Terry Harris from his district for their induction into the Pittsylvania County Sports Hall of Fame. He honored H.F. Haymore and Mack Doss for their contributions and remembered Davis Newman, a Korean War veteran and founder of the Veterans Memorial in Dan Daniel Park. He acknowledged National First Responders Day and praised the County's volunteers. Ingram also celebrated local election results, including his support for Madison Whittle, and expressed excitement about his upcoming 40th wedding anniversary. He reflected on the significance of the Harville Saunders Parkway dedication, recognizing the vision of Coy Harville and Sherman Saunders in advancing the $1.351 billion investment, which he believes will drive economic growth. Ingram concluded by wishing everyone a Happy Thanksgiving, emphasizing the importance of gratitude and community spirit. • Dalton expressed gratitude to the staff and attendees, highlighting the success of recent events, including the Youth Fishing Day at Wayside, which brought joy to many children, and the Microporous announcement, a significant milestone for the County. He also recognized H.F. Haymore and Mack Doss for their contributions to the community and encouraged everyone to keep Mr. Dudley and his family in their thoughts during a difficult time. He thanked Mr. Hunt for his service to the County and wished him well in his future endeavors. Dalton concluded by wishing everyone a safe journey home and a wonderful Thanksgiving. COUNTY ADMINISTRATOR REPORTS Shorter wished a Happy Thanksgiving to everyone. Hunt shared a heartfelt farewell and stated, "As I embark on a new chapter of my life, I just want to say what an honor and privilege it has been to serve the Board of Supervisors, County staff, Constitutional Officers, and most importantly, the great citizens of Pittsylvania County for the last fourteen (14) years. I wish everyone all the best in their future endeavors. My family and I thank you all from the bottom of my heart. Take care and God bless." ADJOURNMENT Dalton adjourned the Meeting at 9:42 PM.