08-21-2018 Work Session PKT
BOARD OF SUPERVISORS
WORK SESSION
Tuesday, August 21, 2018 – 4:30 PM
Main Conference Room
County Administration Building, 1 Center Street
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER (4:30 PM)
2. ROLL CALL
3. AGENDA ITEMS TO BE ADDED
4. APPROVAL OF AGENDA
For the citizens’ convenience, all Work Session and Committee Meetings are now being
recorded and can be viewed on the same YouTube location as the Board of Supervisor’s
Business Meetings. Please remember that the Board’s Work Session is designed for
internal Board and County Staff communication, discussion, and work. It is not a
question and answer session with the audience. Accordingly, during the Work Session,
no questions or comments from the audience will be entertained. Respectfully, any
outbursts or disorderly conduct from the audience will not be tolerated and may result in
the offending person’s removal from the Work Session. As a reminder, all County
citizens, and other appropriate parties as designated by the Board’s Bylaws, are permitted
to make comments under the Hearing of the Citizens’ Section of tonight’s Business
Meeting.
5. PRESENTATIONS
1. School Board Resolution Information (Staff Contact: Gregory L. Sides); (Presenter:
Dr. Mark R. Jones, Pittsylvania County School Superintendent); (15 minutes)
6. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. Regional Transit Project (Staff Contact: Gregory L. Sides) (Presenter: Marc
Adelman); (15 minutes)
b. Cherrystone and Roaring Fork Lakes Dam Resolution Discussion (Staff Contact:
Richard N. Hicks); (15 minutes)
c. Year-End Financial Review (Staff Contact: Kimberly G. Van Der Hyde); (15
minutes)
Work Session - August 21, 2018
d. Other Reports
7. BUSINESS MEETING DISCUSSION ITEMS
8. CLOSED SESSION
a. Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel. Nothing
in this subdivision shall be construed to permit the closure of a meeting merely
because an attorney representing the public body is in attendance or is consulted on a
matter. (Staff Contact: J. Vaden Hunt, Esq.)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Department of Social Services (“DSS”)
Purpose: Consultation with Legal Counsel Regarding DSS
Employment Complaints, DSS Assessment,
and/or DSS Financial Audit
(2) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Opioid Litigation
Purpose: Consultation with Legal Counsel Regarding Opioid
Damages Assessment Report and Potentially
Participating in Opioid Litigation
(3) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Uranium Litigation
Purpose: Consultation with Legal Counsel Regarding
Potentially Participating in Uranium Litigation
Amicus Brief
b. Discussion, consideration, or interviews of prospective candidates for employment;
assignment, appointment, promotion, performance, demotion, salaries, disciplining,
or resignation of specific public officers, appointees, or employees of any public
body. (Staff Contact: J. Vaden Hunt, Esq.)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: DSS Human Resources (“HR”) Investigation
Purpose: Discussion/Review of DSS HR Investigation RFQ
Responses from HR Attorneys/Professionals
Work Session - August 21, 2018
(2) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: Board of Zoning Appeals (BZA”)
Purpose: Discussion of Retention of BZA Legal Counsel
9. RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
a. Closed Session Certification
10. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title:
School Board Resolution Information (Staff Contact: Gregory L. Sides);
(Presenter: Dr. Mark R. Jones, Pittsylvania County School
Superintendent); (15 minutes)
Staff Contact(s): Gregory L. Sides
Agenda Date: August 21, 2018 Item Number: 5.1
Attachment(s):
Reviewed By:
Dr. Mark R. Jones, Pittsylvania County School Superintendent, will inform the Board about a
proposed Resolution (see Business Meeting attachment) supporting the use of local sales tax
revenue for school construction and improvement. Dr. Jones’ presentation is only informational
at this time. Any potential action on the proposed Resolution will occur at the Board’s Business
Meeting tonight.
5.1
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Regional Transit Project (Staff Contact: Gregory L. Sides) (Presenter:
Marc Adelman); (15 minutes)
Staff Contact(s): Gregory L. Sides
Agenda Date: August 21, 2018 Item Number: 6.a
Attachment(s): Regional Transportation
Reviewed By:
Marc Adelman, Director of Transportation for the City of Danville, will update the Board on a
regional transit project that involves Pittsylvania County, Halifax County, and the City of
Danville.
6.a
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BACKGROUND ON REGIONAL BUS TRANSPORTATION SERVICE
• During 2016, the Southern Virginia Higher Education Center with financial support provided
through the Virginia Department of Rail and Public Transportation conduct ed a feasibility study to
assess the need for a public transportation system for a multiple county area located in Southern
Virginia.
• In May 2017, the Southern Virginia Transit Feasibility study was completed and an outside
consultant firm recommended that public transportation service should be initiated along the U.S.
Route 29 corridor between Danville and Pittsylvania County and the U.S. Route 58 corridor
between Danville and South Boston since these areas were determined to have the greatest
demand.
• Over the past year, representatives from Pittsylvania County, Halifax County and the City of
Danville developed a service concept for the two corridors per the study’s recommendations. In
addition, a Tobacco Commission grant for $317,490 was awarded to the Southern Virginia Higher
Education Center in January 2018 to finance the anticipated local match requirement to provide
three years of service and to fund the cost to acquire three buses that would be used in the
operation.
• In April 2018, the Virginia Department of Rail and Public Transportation recommended approval
of a capital grant request for federal and state funding to acquire three 14 - passenger buses to
provide regional bus service to both counties.
• In July 2018, Danville City Council appropriated federal, state and local matching funds to acquire
the three buses for the regional service. The local share was provided through the Tobacco
Commission grant that was awarded to the Southern Virginia Higher Education Center.
• Also in July 2018, the City of Danville ordered the vehicles to support regional service and the
vehicles are anticipated to be delivered by late spring of 2019.
• Over the next 6 months, input from potential stakeholders and the public regarding
transportation needs will be obtained to develop a detailed service plan for a demonstration
grant. To date, input has been received from the Chatham Town Manager, the town of Gretna’s
Treasurer and persons attending a public information meeting at Gretna’s Gospel Tabernacle
Outreach Center.
• In February 2019, a Demonstration grant request will be submitted to the state to finance up to
80% of the net operating cost for the first year of regional bus service that could begin during the
summer of 2019.
6.a.a
Packet Pg. 6 Attachment: Regional Transportation (1294 : Regional Transit Project)
BACKGROUND ON REGIONAL BUS TRANSPORTATION SERVICE
(Continued)
• The current service plan call for a flexible bus route to be provided from Danville Transit’s
Transfer Center to the Central Virginia Family Physicians facility in Hurt, Virginia that would also
include the following areas; 1) Unique Industries and Woodwick Candle to Frensius Kidney Care,
2) Pittsylvania Career and Technical Center, Chatham Middle School and nearby businesses, 3)
Tight Squeeze Plaza to the Pittsylvania County Department of Human Services, 4) Chatham – S.
Main and Halifax Road to the intersection of Main Street and Neighborhood Road) and 5) Gretna
– Vaden Drive to the Gospel Tabernacle Outreach Center, 106 E. Watts Street )
• Passengers would board at designated bus stops along the route and could also make prior day
requests for door to door service within ¼ of a mile from the route.
• It is anticipated that four round trips would be completed daily to each county, Monday th rough
Friday.
• Regional Bus Connections would be possible to Danville Transit’s operations and Altavista’s
Community Transit System. A total of four to five bus runs would be completed on weekdays.
REGIONAL BUS SERVICE GOALS
• Provide public transportation service from Danville to Hurt, Virginia
• Offer convenient service that links multiple trip origins and destinations along U.S. 29
• Provide deviated fixed route service within a ¼ mile of the route to improve
transportation access and maximize the number of destinations that can be served
• Schedule service to complement shift times and minimize wait time
• Comply with the interests of the Virginia Department of Rail and Public Transportation
• Encourage public participation in the planning process
• Determine the viability of the service over a three year period
6.a.a
Packet Pg. 7 Attachment: Regional Transportation (1294 : Regional Transit Project)
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Cherrystone and Roaring Fork Lakes Dam Resolution Discussion (Staff
Contact: Richard N. Hicks); (15 minutes)
Staff Contact(s): Richard N. Hicks
Agenda Date: August 21, 2018 Item Number: 6.b
Attachment(s):
Reviewed By:
A few months ago, the Pittsylvania Board of Supervisors (the “Board”) was provided an
update on the Cherrystone Lake and Roaring Fork Lake dam renovation projects (the “Project”)
in Pittsylvania County, Virginia (the “County”). Both Projects were in the final review stage
prior to being submitted to the Natural Resource Conservation Service (“NRCS”). After
reviewing several alternatives regarding the potential risk as a result of flooding, the Board chose
the “do-nothing option” (i.e. accept the potential flood risk for events greater than the elevation
of the crest of auxiliary spillway). The other options were to acquire easements to the top of the
dam; procure an insurance policy explicitly for the flood-pool risk; attempt to acquire a waiver of
the risk from all landowners with property below the top of the dam; and pass a setback
ordinance preventing future development below the top of the dam elevation.
To the best of our knowledge after a review of the current easements, County Staff feels
that the County has the necessary easements that prohibit development below the top of the
auxiliary spillway. Accordingly, based on the above-assertion, County Staff informed NRCS
that no further action was being proposed on behalf of the sponsors. The County, the Town of
Chatham, and the Pittsylvania Soil and Water Conservation District all chose the “do -nothing
option.”
The final plan for the Cherrystone Lake Project was submitted to the NRCS National
Office without any anticipation of further action by the sponsors to obtain additional easements
or additional coverage for any of the lake that was above the top of the auxiliary spillway. In its
final review, the NRCS National Headquarters indicated that Virginia satisfactorily addressed the
National Water Management Center’s comments. Nothing was mentioned about the existing
easements, future land use restrictions to the top of the dam, or the 100-year, or 500-year
modeling. Based on that information, the plan would be left as written regarding that the future
land use restrictions are limited below the crest of the existing auxiliary spillway elevation.
Prior to August 30, 2018, the sponsors will need to advise NRCS that they have the
existing easements, and that the County will begin the development of regulations that would
6.b
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restrict any development below the top of the auxiliary spillway. These proposed restrictions
would more than likely be included in the County’s Flood Control Ordinance or Zoning
Ordinance, and will be presented to the Board at a future date. The restrictions will need to be in
place prior to the start of construction. Attached for your review and information is a proposed
Resolution establishing the proposed elevations for the regulations and promise to begin the
development of the regulations. The elevation for the Roaring Fork Lake restriction is slightly
more than the top of the auxiliary spillway (less than a foot), due to the fact that the lake
currently does not have enough storage capacity to contain the 100-year flood.
After the submittal of the attached Resolution, the plan will be submitted as the Final
Draft. Said Final Draft will be submitted to the plan sponsors for final approval, which will
probably be presented at the September Board meeting. After the County’s approval, the Project
will be submitted for development of the plans and specifications. All of the design costs will be
100% federal funds. This same process will follow for the Roaring Fork Lake dam Project, and
will probably be submitted for your approval in February, 2019. It is very likely that both
Projects will go to design in early 2019, if the funding is approved. It is possible that both
Projects would be submitted for construction in early 2020, depending on federal funding.
As you are aware, the funding for construction would be 65% federal and 35% local. The
Cherrystone Lake Project is estimated to cost $8,803,300, of which $6,168,000 would be paid
from Small Watershed Rehabilitation Funds, and $2,635,300 from local funds. There have been
several dam rehabilitation projects within the Commonwealth of Virginia over the past few
years. Most of the projects have been successful in obtaining State funds to cover a portion of
the local costs. If the County develops a plan of action now to solicit the assistance of our local
delegates, the County may be able to obtain some State funding in multiple fiscal years. That
process should begin as soon as possible.
6.b
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Year-End Financial Review (Staff Contact: Kimberly G. Van Der Hyde);
(15 minutes)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: August 21, 2018 Item Number: 6.c
Attachment(s):
Reviewed By:
Mrs. Kimberly Van Der Hyde, Director of Finance, will present a preliminary year-end financial
review for FY2018.
6.c
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Other Reports
Staff Contact(s):
Agenda Date: August 21, 2018 Item Number: 6.d
Attachment(s):
Reviewed By:
6.d
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title:
Consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by
such counsel. Nothing in this subdivision shall be construed to permit the
closure of a meeting merely because an attorney representing the public
body is in attendance or is consulted on a matter. (Staff Contact: J. Vaden
Hunt, Esq.)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: August 21, 2018 Item Number: 8.a
Attachment(s):
Reviewed By:
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Department of Social Services (“DSS”)
Purpose: Consultation with Legal Counsel Regarding DSS Employment
Complaints, DSS Assessment, and/or DSS Financial Audit
(2) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Opioid Litigation
Purpose: Consultation with Legal Counsel Regarding Opioid Damages
Assessment Report and Potentially Participating in Opioid
Litigation
(3) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Uranium Litigation
Purpose: Consultation with Legal Counsel Regarding Potentially
Participating in Uranium Litigation Amicus Brief
8.a
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title:
Discussion, consideration, or interviews of prospective candidates for
employment; assignment, appointment, promotion, performance,
demotion, salaries, disciplining, or resignation of specific public officers,
appointees, or employees of any public body. (Staff Contact: J. Vaden
Hunt, Esq.)
Staff Contact(s): J. Vaden Hunt, Esq.
Agenda Date: August 21, 2018 Item Number: 8.b
Attachment(s):
Reviewed By:
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: DSS Human Resources (“HR”) Investigation
Purpose: Discussion/Review of DSS HR Investigation RFQ
Responses from HR Attorneys/Professionals
(2) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: Board of Zoning Appeals (BZA”)
Purpose: Discussion of Retention of BZA Legal Counsel
8.b
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Closed Session Certification
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: August 21, 2018 Item Number: 9.a
Attachment(s):
Reviewed By:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors
on August 21, 2018, the Board hereby certifies by a recorded vote that to the best of each Board
Member’s knowledge only public business matters lawfully exempted from the Open Meeting
requirements of the Virginia Freedom of Information Act (the “Act”) and identified in the
Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed
Meeting. If any Member believes that there was a departure from the requirements of the Code,
he shall so state prior to the vote indicating the substance of the departure. The Statement shall
be recorded in the Minutes of the Board.
Vote
Tim R. Barber Yes/No
Elton W. Blackstock Yes/No
Joe B. Davis Yes/No
Ben L. Farmer Yes/No
Charles H. Miller, Jr. Yes/No
Ronald S. Scearce Yes/No
Robert W .”Bob” Warren Yes/No
9.a
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