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11-17-2020 Business Meeting Packet
BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, November 17, 2020 – 7:00 PM Gallery Room - Chatham Community Center 115 South Main Street, Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (7:00 PM) 2. ROLL CALL 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. AGENDA ITEMS TO BE ADDED 6. APPROVAL OF AGENDA 7. CONSENT AGENDA a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Ison Furniture Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe) c. Dogwood Global Local Performance Agremeent Approval (Staff Contact: Matthew D. Rowe) d. Intrado E-911 Phone Line Contract Extension Approval (Staff Contact: Christopher C. Slemp) 8. PRESENTATIONS a. DPCS Annual Report (Staff Contact: David M. Smitherman) 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the Business Meeting - November 17, 2020 record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. Case 1: Public Hearing: Rezoning Case R-20-023; Matthew and Caitlyn Scarce; Westover Election District; B-2, Business District, General, to R-1, Residential Suburban Subdivision District (Supervisor Scearce) Case 2: Public Hearing: Rezoning Case R-20-024; William C. Dawson, II; Chatham-Blairs Election District; R-1, Residential Suburban Subdivision District, to B-1, Business District, Limited (Supervisor Warren) Case 3: Public Hearing: Rezoning Case R-20-025; Self Farm, LLC; Banister Election District; R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District; Amend the Future Land Use Designation in the Comprehensive Plan from Industrial to Agricultural and Rural Residential (Supervisor Miller) B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: Budget Amendment Public Hearing (Staff Contact: Kimberly G. Van Der Hyde) 2. Public Hearing: Solar Ordinance Revisions (Staff Contact: Emily S. Ragsdale) Business Meeting - November 17, 2020 3. Public Hearing: Return Check Fee Ordinance Revision (Staff Contact: Vincent E. Shorter) 4. Public Hearing: Solid Waste Interest Ordinance Revision (Staff Contact: Richard N. Hicks) 11. UNFINISHED BUSINESS a. Ringgold Rail Trail Rehabilitation Engineering Services Agreement Approval (Staff Contact: Richard N. Hicks) b. Courthouse Elm Trees Update (Staff Contact: Richard N. Hicks) 12. NEW BUSINESS 13. APPOINTMENTS a. IDA Appointment (Banister District); (Daniel Jones); (Supervisor Miller) b. IDA Appointment (Dan River District); (Steven Merricks); (Supervisor Davis) 14. MATTERS FROM WORK SESSION (IF ANY) 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 17, 2020 Item Number: 7.a Attachment(s): 09-15-2020 Finance Committee - DRAFT 09-15-2020 Work Session - DRAFT 09-15-2020 Business Meeting - DRAFT 09-29-2020 Called Meeting 09-29-2020 Solid Waste Meeting - DRAFT 09-29-2020 Legislative Committee Meeting - DRAFT 09-29-2020 Property-Building Meeting - DRAFT 10-20-2020 Work Session - DRAFT 10-20-2020 Business Meeting - DRAFT Reviewed By: 7.a Packet Pg. 4 Pittsylvania County Board of Supervisors Finance Committee Meeting September 15, 2020 VIRGINIA: The Finance Committee Meeting was held on September 15, 2020, in the Gallery Room, Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531. Ronald S. Scearce, Chairman, called the Meeting to Order at 2:30 PM. The following Members were present: I. CALL TO ORDER Attendee Name Title Status Arrived Ronald S. Scearce Chairman - Westover District Present 2:29 PM Charles H. Miller, Jr. Supervisor - Banister District Present 2:30 PM Joe B. Davis Supervisor - Dan River District Present 2:24 PM William ("Vic") Ingram Supervisor - Tunstall District Present 2:26 PM II. ROLL CALL III. AGENDA ITEMS TO BE ADDED IV. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Scearce, Miller, Davis, Ingram V. NEW BUSINESS a. CRF Application Review/Approval - Community Development - ESRI Enterprise Emily S. Ragsdale, Community Development Director, presented the ESRI GIS Software to the Committee. ESRI allows them to increase operational efficiency in the Community Development Office. Transitioning to Enterprise would enable the County to utilize GIS in a more effective manner to track COVID-19 cases and services provided in response to the pandemic internally and provide an effective, user friendly public facing application to relay necessary information to the public. The County currently has one (1) ArcMap license. While the County has the capability to do some data collection and analysis with that license, County Staff is unable to dedicate the time needed to effectively track and update information relating to COVID-19 in addition to the daily functions that must continue to be performed. By utilizing Enterprise, additional County Staff would have access to ArcMap and the data maintained by the County, as well as the online tools provided by ESRI. This would enable additional County Staff to contribute to data entry, increasing the County’s ability to compile and analyze data relating to COVID-19, and relay important information to the public in a user-friendly manner. This could include tracking cases within the County, promoting local businesses by providing the public with an online map to highlight businesses that are currently open and the services that they are providing, tracking food delivery, tracking, and communicating testing sites, etc. 7.a.a Packet Pg. 5 Attachment: 09-15-2020 Finance Committee - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 15, 2020 Motion to approve the request for ESRI as presented, pending available funds. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Scearce, Miller, Davis, Ingram b. CRF Application Review/Approval - In-Car Computers for Sheriff Vehicles The Sheriff’s Department has requested the purchase of in-car computers to help reduce the amount of time deputies spend in the office. It also maximizes social distancing guidelines by reducing foot traffic and close contact to help reduce the spread of COVID-19. The purchase and installation of in-car computers will help increase emergency response time. Currently, deputies have to leave their assigned districts and travel to the office (approximately thirty (30) minutes or more travel time, one (1) way) to gain access to a computer. In-car computers will allow them to stay in their assigned areas and complete their reports, allowing for faster response time. This purchase will also limit interoffice contact between deputies and staff members due to COVID-19 protocol. Motion to approve the request for the Sheriff’s Department in-car computers as presented, pending available funds. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Davis AYES: Scearce, Miller, Davis, Ingram c. Dam Rehabilitation Grants Financial Non-Liability Confirmation (Pittsylvania County Soil and Water Conservation District) Richard N. Hicks, Deputy County Administrator, stated the Board recently approved several Grant opportunities on the Dam Rehabilitation Projects and authorized the County Administrator to execute the documents on behalf of the County. The Grant documents also require approvals from the Town of Chatham and the Pittsylvania County Soil and Water Conservation District (“District”). Prior to executing the documents, the District has requested a written assurance from the County that it will not be requested to provide funds for the matching portion of the grants due to the fact that they have no source of funds for this Project. The County and the Town of Chatham will have to cover any matching funds for these Grants and future Grants on the Projects. Motion to authorize the County Administrator to notify the District, via a formal letter, that the District will not be required to provide funds for the Dam Rehabilitation Projects. 7.a.a Packet Pg. 6 Attachment: 09-15-2020 Finance Committee - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 15, 2020 RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Scearce, Miller, Davis, Ingram VI. MATTERS FROM COMMITTEE MEMBERS None. VII. ADJOURNMENT Mr. Scearce adjourned the Meeting at 3:22 PM. 7.a.a Packet Pg. 7 Attachment: 09-15-2020 Finance Committee - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) September 15, 2020 Work Session Pittsylvania County Board of Supervisors Work Session September 15, 2020 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on September 15, 2020 in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 4:30 PM. The following members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 4:07 PM Ronald S. Scearce Vice-Chairman, Westover District Present 4:07 PM Joe B. Davis Supervisor, Dan River District Present 4:08 PM Timothy W. Dudley Supervisor, Staunton River District Present 4:06 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 4:07 PM William ("Vic") Ingram Supervisor, Tunstall District Present 4:07 PM Charles H. Miller, Jr. Supervisor, Banister District Present 4:12 PM AGENDA ITEMS TO BE ADDED Motion to add the following Closed Session Items to the Agenda: Item 8(a)(2) Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Solid Waste Disposal Purpose: Legal Advice/Consultation Regarding Potential Solid Waste Disposal Contract Item 8(a)(3) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Broadband Services Purpose: Legal Advice/Consultation Regarding Proposed Extension of County Broadband Services Memorandum of Understanding 7.a.b Packet Pg. 8 Attachment: 09-15-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Work Session RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller PRESENTATIONS a. Department Head Spotlight (Economic Development); (Staff Contact: Matthew D. Rowe); (20 minutes) Rowe briefed the Board on Economic Development operations. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Finance Committee Recommendations (Staff Contact: David M. Smitherman); (10 minutes) Smitherman presented the Finance Committee’s recommendations to the full Board. The Finance Committee recommended the approval of the ESRI Enterprise CRF Application, the approval of the In-Car Computers for Sheriff Vehicles CRF Application, and also recommended the County Administrator be granted the authority to waive the anticipated liability of the Pittsylvania Soil and Water Conversation for costs related to the two (2) dam rehabilitation projects on Roaring Fork and Cherrystone Lakes. BUSINESS MEETING DISCUSSION ITEMS CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 4:56 PM. 7.a.b Packet Pg. 9 Attachment: 09-15-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Work Session RESULT: ADOPTED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 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. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Franklin County/Cool Branch Fire and EMS Service Purpose: Consultation/Advice from Legal Counsel Regarding Related Contract Negotiations (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Solid Waste Disposal Purpose: Legal Advice/Consultation Regarding Potential Solid Waste Disposal Contract (3) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Broadband Services Purpose: Legal Advice/Consultation Regarding Proposed Extension of County Broadband Services Memorandum of Understanding b. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Matterhorn Purpose: Economic Development Update on Potential Unannounced Business or Industry 7.a.b Packet Pg. 10 Attachment: 09-15-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Work Session RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 5:37 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors (the “Board”) on September 15, 2020, 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 Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Joe B. Davis Yes Timothy W. Dudley Yes Ben L. Farmer Yes William (“Vic”) Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes Motion to Amend Agenda to add the following Closed Session: 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. Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: Board of Supervisors Member Purpose: Discussion of Board of Supervisors Member’s Performance The Board entered Closed Session at 5:40 PM. 7.a.b Packet Pg. 11 Attachment: 09-15-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Work Session RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller The Board returned to Open Session at 6:49 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors (the “Board”) on September 15, 2020, 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 Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Joe B. Davis Yes Timothy W. Dudley Yes Ben L. Farmer Yes William (“Vic”) Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. “Bob” Warren Yes ADJOURNMENT Warren adjourned the Meeting at 6:50 PM. 7.a.b Packet Pg. 12 Attachment: 09-15-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) September 15, 2020 Business Meeting Pittsylvania County Board of Supervisors Business Meeting September 15, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on September 15, 2020, in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 7:04 PM Ronald S. Scearce Vice-Chairman, Westover District Present 7:02 PM Joe B. Davis Supervisor, Dan River District Present 7:02 PM Timothy W. Dudley Supervisor, Staunton River District Present 7:04 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 7:02 PM William ("Vic") Ingram Supervisor, Tunstall District Present 7:04 PM Charles H. Miller, Jr. Supervisor, Banister District Present 7:04 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: New Business: Resolution # 2020-09-07 Matters from Work Session: Approval of CRF Requests RESULT: ADOPTED [UNANIMOUS] MOVER: Farmer, Supervisor SECONDER: Dudley, Supervisor AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda. 7.a.c Packet Pg. 13 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2020-09-01 (Honoring Steadman Payne) Adoption (Staff Contact: Kaylyn M. McCluster) c. Resolution # 2020-09-02 (Supporting Mountain Valley Pipeline’s FERC Certificate Extension) Adoption (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2020-09-03 (Supporting Disposition of Route 1055 (Bachelor Hall Farm Road) Relating to the Proposed Connector Road Project) Adoption (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2020-09-04 (Honoring Landon Worsham) Adoption (Staff Contact: Kaylyn M. McCluster) f. 100th Birthday Certificate Approval (Dorothy W. Gilbert); (Staff Contact: Kaylyn M. McCluster) g. Landfill Expansion Engineering Services Contract Approval (LaBella); (Staff Contact: Richard N. Hicks) h. Resolution # 2020-09-05 (Danville-Pittsylvania Economic Development Alliance Formation Resolution) Adoption (Staff Contact: David M. Smitherman) i. County/Danville YMCA Partnership MOA Ratification (Staff Contact: Mark W. Moore) j. Wayside Park Right-of-Way Take/Easement Deed of Gift Execution Approval (Staff Contact: Mark W. Moore) k. Budget Amendments/Appropriations (Staff Contact: Kimberly G. Van Der Hyde) l. Capital Improvements Project List Approval (Staff Contact: Kimberly G. Van Der Hyde) m. 911 Education Grant (Staff Contact: Christopher C. Slemp) 7.a.c Packet Pg. 14 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Business Meeting n. Resolution # 2020-09-06 (Gretna Fire and Rescue Tax Exempt Financing Utilization Authorization) Adoption (Staff Contact: Christopher C. Slemp) PRESENTATIONS None. HEARING OF THE CITIZENS Willie Fitzgerald, Banister District, voice his concerns regarding a bridge located on 57. The bridge used to be a two (2) lane bridge but is now a one (1) lane bridge. He would like an update on what is going on with that bridge. Hunt stated that Craddock (VDOT) will be coming to the Work Session in October to give an update. Shannon Hair, Vice President of IALR, wanted to take the opportunity to publicly thank the Board for the investments made last month and for the scholarship for County students. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-20-016; Callands-Gretna Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Farmer) Warren opened the Public Hearing at 7:12 PM. Mr. Mayhew was present to represent the Petition. No one signed up to speak and Warren closed at 7:13 PM. Motion to rezone 1.25 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to combine with his adjacent parcel of land zoned A-1). RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 2: Public Hearing: Rezoning Case R-20-017; Carol and Roger Hobbs; R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Supervisor Scearce) Warren opened the Public Hearing at 7:14 PM. Ms. Hobbs was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:15 PM. Motion to rezone 7.26 acres from R-1, Residential Suburban Subdivision District, to A-1, agricultural District. They are also petitioning to rezone two (2) parcels of land, a total of 30.03 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to re-subdivide the properties into three (3) lots). 7.a.c Packet Pg. 15 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 3: Public Hearing: Rezoning Case R-20-018; Tony and Debbie Wilson; Westover Election District; R-1, Residential Suburban Subdivision District, to B-2, Business District, General (Supervisor Scearce) Warren opened the Public Hearing at 7: PM. Mr. and Ms. Wilson were present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:17 PM. Motion to rezone 1.31 acres from R-1, Residential Suburban Subdivision District, to B-2, Business District, General (to allow the single-family dwelling located on the property to be used as an office for their construction business). RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 4: Public Hearing: Rezoning Case R-20-019; Sammy and Freda Moore, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Scearce) Warren opened the Public Hearing at 7: PM. Mr. Moore was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:19 PM. Motion to rezone 54.35 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for subdivision of the property for family members). RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 5: Public Hearing: Rezoning Case R-20-020; George Dillion et al; Westover Election District; RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Supervisor Scearce) Warren opened the Public Hearing at 7:20 PM. Mr. Dillion was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:21 PM. Motion to rezone 0.129 of an acre from RC-1, Residential Combined Subdivision District, to A- 1, Agricultural District (to combine with the adjacent parcel of land zoned A-1. They are 7.a.c Packet Pg. 16 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Business Meeting adjusting property lines). RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: CARES Act Budget Amendment Public Hearing (Staff Contact: Kimberly G. Van Der Hyde) Warren opened the Public Hearing at 7:23 PM. No one signed up to speak and Warren closed the Public Hearing at 7:24 PM. Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of this Budget Amendment appeared in the Chatham Star Tribune on September 2, 2020, which satisfies the seven (7)-day requirement. Motion that $5,265,654 of CARES funds be approved and appropriated to the FY2021 County Budget. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Potential Tax Exemption (Cornerstone Church of Christ); (Staff Contact: Robin C. Goard) Warren opened the Public Hearing at 7:25 PM. No one signed up to speak and Warren closed the Public Hearing at 7:26 PM. This item died for the lack of Motion. No action on this item. UNFINISHED BUSINESS None. NEW BUSINESS a. Resolution #2020-09-07 Motion to approve Resolution # 2020-09-07. 7.a.c Packet Pg. 17 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPOINTMENTS 7.a.c Packet Pg. 18 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Business Meeting MATTERS FROM WORK SESSION (IF ANY) a. Approval of CRF Requests Motion to approve the CRF requests from the earlier Finance Committee that consists of the ESRI Enterprise System and the in-car computers for the Sheriff Vehicles. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS Dudley stated there was a total of 3,784 children were fed in town of Hurt between the months of March and August. Ingram commended Rowe for his recognition for being a Power Mover and congratulated him on being a new dad. He also remembered the Landon Worsham family. Farmer stated the Cool Branch Resolution Extension was just approved to keep County citizens taken care of and he also recognized his peers at School Board. Davis thanked Staff for productive day and stated it has been a pleasure to serve on this Board and thanked numerous departments throughout the County for their hard work and dedication. Scearce thanked the Sheriff’s Office for the appreciation for law enforcement earlier in the day at the Courthouse. He appreciates all the Sheriff’s Office does to keep everyone safe. Warren reminded everyone of the Sports Hall of Fame on the 19th of this month. He congratulated Mark Moore on his new position with Rocky Mount. He stated he participated in the State of the Region Address this morning with Smitherman, Larking, and Alonzo Jones. Warren also echoed Farmer's comments on the School Board on a job well done. Dr. Jones has done a superior job and stated the citizens of the County should be proud. He also attended the support rally this morning for law enforcement and was truly humbling. COUNTY ADMINISTRATOR REPORTS Smitherman commented on the Economic Development Alliance Resolution approval on the Consent Agenda. He also updated the Board on financial conditions of the County. Smitherman stated he is cautiously optimistic as the County goes through this period with COVID. The economy is challenging for County citizens, and the unemployment rate is around 8%. There is a continued freeze on capital expenses. The County has been provided with money from the Federal Government to assist with COVID-related expenses. 7.a.c Packet Pg. 19 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 15, 2020 Business Meeting ADJOURNMENT Warren adjourned the Meeting at 7:43 PM. 7.a.c Packet Pg. 20 Attachment: 09-15-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) September 29, 2020 Called Meeting Pittsylvania County Board of Supervisors Called Meeting September 29, 2020 VIRGINIA: The Called Meeting of the Pittsylvania County Board of Supervisors was held on September 29, 2020, in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, Chatham Blairs District, called the Meeting to Order at 5:10 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 5:00 PM Ronald S. Scearce Vice-Chairman, Westover District Present 5:00 PM Joe B. Davis Supervisor, Dan River District Present 5:00 PM Timothy W. Dudley Supervisor, Staunton River District Present 5:00 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 5:00 PM William ("Vic") Ingram Supervisor, Tunstall District Present 5:00 PM Charles H. Miller, Jr. Supervisor, Banister District Present 5:00 PM AGENDA ITEMS TO BE ADDED Motion to amend the Agenda as follows: Add Project ISO under item 6(a) under the same authority as Project Matterhorn. Add under item 6(b)(1): Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Potential Intergovernmental Contract and Agreement Purpose: Legal Consultation/discussion regarding Potential Intergovernmental contract and agreement Add as item 6(c): Closed Session from the earlier Property/Building Committee Meeting Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Legal Authority: Virginia Code § 2.2-3711(A)(3) 7.a.d Packet Pg. 21 Attachment: 09-29-2020 Called Meeting (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 29, 2020 Called Meeting Subject Matter: Jail Property Purpose: Property Acquisition Discussion RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda as amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller NEW BUSINESS a. Resolution # 2020-09-08 (Grant Requirements for CDBG Funds for Small Business Recovery Assistance Program) Adoption (Rowe) The County has been awarded a Grant of $330,000 from the Virginia Department of Housing and Community Development (“DHCD”) to provide Grants with a maximum of $15,000 for Small Businesses showing PPE needs and related supplies or rental assistance to rapidly and safely reopen or remain open due to the COVID-19 Pandemic. Grants can be up to $10,000 in rental assistance and $5,000 for retooling. To move forward with the Contract Negotiations of said DHCD Grant, the County needs to adopt attached Resolution # 2020-09-08. Motion to adopt attached Resolution #2020-09-08 as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 5:18 PM. 7.a.d Packet Pg. 22 Attachment: 09-29-2020 Called Meeting (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 29, 2020 Called Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Matterhorn and ISO Purpose: Unannounced Industry Economic Development Update b. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Solid Waste Disposal Contract Purpose: Legal Counsel Contract Consultation (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Potential Intergovernmental Contract and Agreement Purpose: Legal consultation/discussion regarding Potential Intergovernmental contract and agreement c. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Jail Property Purpose: Property Acquisition Discussion RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 7:00 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Called Meeting of the Pittsylvania County Board of Supervisors (the “Board”) on September 29, 2020, the Board hereby certifies by a recorded vote 7.a.d Packet Pg. 23 Attachment: 09-29-2020 Called Meeting (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors September 29, 2020 Called Meeting 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 Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Joe B. Davis Yes Timothy W. Dudley Yes Ben L. Farmer Yes William (“Vic”) Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes MATTERS FROM CLOSED SESSION a. Disposal Agreement Motion to approve the execution of the disposal agreement with First Piedmont Corporation subject to legal review. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller ADJOURNMENT Warren adjourned the Meeting at 7:04 PM. 7.a.d Packet Pg. 24 Attachment: 09-29-2020 Called Meeting (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Pittsylvania County Board of Supervisors Solid Waste Committee Meeting September 29, 2020 VIRGINIA: The Solid Waste Committee Meeting was held on September 29, 2020, in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 4:08 PM. The following Members were present: I. Call to Order Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 4:00 PM Joe B. Davis Supervisor, Dan River District Present 5:04 PM Timothy W. Dudley Supervisor, Staunton River District Present 4:31 PM II. Roll Call III. Agenda Items to be Added IV. Approval of Agenda 1. Motion to approve Agenda. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Warren, Davis, Dudley V. New Business a. New Convenience Centers Update (Ryan Duckett; SCS Engineers) Ryan Duckett, SCS Engineers, gave a presentation to update the Board on the status of the three (3) new convenience centers. These convenience center sites are Level Run Road, Climax Road, and Meadow Ridge Court. The VDOT status of the pre-construction is that Level Run and Climax are designed as loops, no sites anticipated to require turn lane/taper on adjacent roadways, and the Climax Road site approval is expected; the others are pending. They are at a seventy-five percent (75%) design on all three (3) sites. The outstanding work items are external agency approvals, integrating structural/electrical designs, and compilation of construction design packages and bid forms. Also, contractor procurement process, selection, and award, as well as construction administration and construction quality assurance. b. Landfill Expansion Update (Butch Joyce; LaBella) Butch Joyce made a presentation to update the Board on the status of the County’s Landfill expansion. 7.a.e Packet Pg. 25 Attachment: 09-29-2020 Solid Waste Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 29, 2020 c. Convenience Center Improvements Update (Michael Moore) Moore was a member of the Solid Waste Enforcement Team that was formed last year. He was recently reassigned and was given the responsibility of supervising the five (5) manned convenience centers (Blairs, Mt. Cross, Mt. Hermon, Berry Hill, and Brosville), as well as the Smith Mountain Lake site. Moore was further assigned to assist with the general upkeep and maintenance of the other sites for continuity. He provided the Board with the following updates on some of the current and proposed changes for these sites. The efforts at the sites can be categorized into three (3) groups: communication, supervision, and management. To promote awareness and increase the likelihood that County citizens will read them, the number of signs per site will be reduced. The signs that remain will be maintained, redesigned to increase clarity and understanding, and strategically located to maximize visibility. Currently sites have anywhere from four (4) to nine (9) signs scattered about. Each sign has a specific message that is important for citizens to know; however, many citizens do not read them. Customer Focus and engagement is being reemphasized as being one (1) of the County solid waste workers’ core competencies. Sitting in the building and passively watching is no longer acceptable. Existing attendants and new hires are being trained or retrained, as needed, to actively engage with citizens. They are also to help where needed and provide guidance to proper usage of the site. Each manned site has an operator with the position title of Site Supervisor. They are being expected to and being held accountable for doing more than just holding the title. They are to ensure that their site is properly manned during each shift, that time tracking is accurately reported on timesheets, training and counseling provided for their site attendants and provide input when the time comes to write the performance feedbacks for the site attendants. Metal boxes are wearing out and concrete pads are getting worn out. Groves in the concrete are forming. In some cases, three (3) to four (4) inches of concrete are missing. These groves not only make it difficult to align the box back to the compactor, it is a cavity that collects water and contaminants from trash. The hinges on the compactors are rusting through, and in some cases, the hoper has fallen from the hinge during operation. Some wooden fences are installed for safety. If the concrete wall is less than three (3) feet in height, a fence is installed to help prevent falls. Keeping the fences repaired helps with safety and liability concerns, as well as brings a new fresh look back to the site. d. Recycling Efforts Update (Hicks) Hicks presented a recycling update to the Board. Aluminum cans and newspaper collection is currently provided at all sites. Cardboard and plastic are provided at some sites. The proposed changes are as follows: Purchase twenty-one (21), thirty (30) yard Double Box Roll-Off Recycling Containers from Refuse Equipment Co. for $120,225; add Door, Baffle and Pin Off System and paint twenty-one (21) existing Roll-Off Recycling Boxes by Mobile Container Services for $26,145; Pour concrete pad at all sites large enough for two (2), thirty (30)-yard recycling containers to include walking area; and Eliminate all eight (8)-yard front load recycling containers. All future collections would be handled by County Staff. Hicks stated his plan is to be able to offer the following recycling options at all County sites: Cardboard, Aluminum Cans, Newspaper, and Plastics. e. Yard Waste Tipping Fee Temporary Abatement Discussion (Supervisor Scearce) Scearce requested that the County consider allowing the citizens of the County to bring yard waste to the Landfill at no cost for a specific period. No action taken on this matter. 7.a.e Packet Pg. 26 Attachment: 09-29-2020 Solid Waste Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 29, 2020 VI. Matters from Committee Members VII. Adjournment Warren adjourned the Meeting at 5:10 PM. 7.a.e Packet Pg. 27 Attachment: 09-29-2020 Solid Waste Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Pittsylvania County Board of Supervisors Legislative Committee Meeting September 29, 2020 VIRGINIA: The Legislative Committee Meeting was held on September 29, 2020, in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Charles H. Miller, Jr., Chairman, called the Meeting to Order at 3:00 PM. The following Members were present: I. Call to Order Miller called the Committee Meeting to Order at 3:00 PM. II. Roll Call Attendee Name Title Status Arrived Charles H. Miller, Jr. Chairman, Banister District Present Ronald S. Scearce Supervisor, Westover District Present William ("Vic") Ingram Supervisor, Tunstall District Present III. Agenda Items to be Added None. IV. Approval of Agenda Motion to approve Agenda. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Scearce AYES: Miller, Scearce, Ingram V. New Business a. Potential Solar Ordinance Revisions (Ragsdale) Motion to recommend the potential Solar Ordinance revisions with the inclusion of the additional bonding language to the full Board at the Board' s October Business Meeting for advertisement for potential adoption at the Board' s November Business Meeting following the legally required Public Hearing. 7.a.f Packet Pg. 28 Attachment: 09-29-2020 Legislative Committee Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 29, 2020 RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Scearce AYES: Miller, Scearce, Ingram b. Potential Planning Commission and Board of Zoning Appeals Certification Compensation Adjustment Discussion (Ragsdale) Motion to recommend the proposed pay rate changes for Planning Commission and Board of Zoning Appeals Members to the full Board at the Board' s October Business Meeting for potential adoption. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Miller, Scearce, Ingram c. Comprehensive Plan Update (Ragsdale) Ragsdale provided the Legislative Committee with a Comprehensive Plan review update. Ragsdale highly recommended hiring a consulting firm to complete an overhaul of the County’s Comprehensive Plan in a future budget season. d. Potential Zoning Ordinance Review/Mass Revision Discussion (Ragsdale) Ragsdale discussed the potential need for a future Zoning Ordinance mass revision. She proposed a total revision of the Zoning Ordinance by an outside entity, once the Comprehensive Plan is revised. e. Potential Uniform Check Return Fee Ordinance Revision (Shorter) Currently, the County' s Treasurer' s Office is authorized by Pittsylvania County Code (" PCC") 6-6.6 to charge $ 35.00 for returned checks. The Pittsylvania County Service Authority currently charges $45.00 for returned checks. Virginia Code § 15.2-106 allows localities to charge up to $50.00 for returned checks. For uniformity's sake and to sufficiently recover the true administrative costs associated therewith, the Treasurer recommends that PCC 6- 6.6 be revised to charge $45.00 for returned checks. Motion to recommend the attached revision to PCC 6-6.6 to the full Board at the Board' s October Business Meeting for advertisement for potential adoption at the Board' s November Business Meeting following the legally required Public Hearing. 7.a.f Packet Pg. 29 Attachment: 09-29-2020 Legislative Committee Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 29, 2020 RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Miller, Scearce, Ingram f. Potential Solid Waste Violation Interest Ordinance Revision (Hicks) County Staff recently discovered that there are no interest charges on unpaid solid waste disposal invoices at the County Landfill. There are not many unpaid invoices, but when an invoice remains unpaid for thirty (30) days or more, County Staff feels there should be interest added to the invoice. Virginia Code § 15.2- 105 allows the Board to adopt an Ordinance imposing interest on delinquent landfill accounts "not exceeding ten percent." Motion to recommend the proposed revision to PCC § 17-4(C) to the full Board for authorization to advertise the same for potential adopting following the legally required Public Hearing at the Board' s November Business Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Miller, Scearce, Ingram VI. Old Business a. Potential Grass and Weed Ordinance Discussion (Ingram) Ingram discussed potentially implementing a Grass and Weed Ordinance in the County. No action on this matter. VII. Matters from Committee Members None. VIII. Adjournment Miller adjourned the Meeting at 4:07 PM. 7.a.f Packet Pg. 30 Attachment: 09-29-2020 Legislative Committee Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Pittsylvania County Board of Supervisors Property/Building Committee Meeting September 29, 2020 VIRGINIA: The Property/Building Committee Meeting was held on September 29, 2020, in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Joe B. Davis, Chairman, called the Meeting to Order at 2:00 PM. The following Members were present: I. Call to Order Attendee Name Title Status Arrived Joe B. Davis Chairman, Dan River District Present Ben L. Farmer Supervisor, Callands Gretna District Present Charles H. Miller, Jr. Supervisor, Banister District Present II. Roll Call III. Agenda Items to be Added 1. Motion to add the following Closed Session to the Agenda: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Legal Authority: Virginia Code Section 2.2-3711(A)(3) Subject: Old Blairs Middle School Property Purpose: Discussion of Potential Disposition of Publicly Owned Property RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Farmer AYES: Davis, Farmer, Miller IV. Approval of Agenda Motion to approve Agenda. 7.a.g Packet Pg. 31 Attachment: 09-29-2020 Property-Building Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 29, 2020 RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Miller AYES: Davis, Farmer, Miller V. New Business Nick Morris, CARES Act Project Manager, provided the Board with an update on the building projects being funded by the CARES Act. b. Courthouse Elm Trees Condition Discussion (Hicks) Hicks expressed concerns about the condition of the two (2) large elm trees that are in front of the original Courthouse. Both trees are laden with dead limbs and appear to be in poor condition. County Staff believes this may result in significant liability to the County in their current condition. Judge Moreau is in support of the removal of the trees, if safety is a concern. Hicks stated there is money available to assist with this removal. Warren stated he was in support of the removal of the trees, but would like for testing to be completed first to determine what needs to be done. VI. Matters from Committee Members VII. Closed Session The Committee entered Closed Session at 2:41 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Farmer SECONDER: Miller AYES: Davis, Farmer, Miller a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Jail Property Purpose: Property Acquisition Discussion b. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Legal Authority: Virginia Code Section 2.2-3711(A)(3) Subject: Old Blair’s Middle School Property 7.a.g Packet Pg. 32 Attachment: 09-29-2020 Property-Building Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Regular Meeting Minutes September 29, 2020 Purpose: Discussion of Potential Disposition of Publicly Owned Property VIII. Return to Open Session and Closed Session Certification a. Closed Session Certification The Committee returned from Closed Session at 2:58 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Property/Building Committee Meeting of the Pittsylvania County Board of Supervisors on September 29, 2020, the Committee hereby certifies by a recorded vote that to the best of each Committee 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 Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Committee’s Minutes. Vote Ben L. Farmer Yes Charles H. Miller, Jr. Yes Joe B. Davis Yes IX. Recess Motion to Recess. The Committee entered Recess at 2:59 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Miller, AYES: Davis, Farmer, Miller The Committee reconvened at 5:11 PM. X. Adjournment Davis adjourned the Meeting at 5:11 PM. 7.a.g Packet Pg. 33 Attachment: 09-29-2020 Property-Building Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) October 20, 2020 Work Session Pittsylvania County Board of Supervisors Work Session October 20, 2020 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on October 20, 2020 in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 4:30 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 4:06 PM Ronald S. Scearce Vice-Chairman, Westover District Present 4:06 PM Joe B. Davis Supervisor, Dan River District Present 4:05 PM Timothy W. Dudley Supervisor, Staunton River District Present 4:04 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 4:07 PM William ("Vic") Ingram Supervisor, Tunstall District Present 4:07 PM Charles H. Miller, Jr. Supervisor, Banister District Present 4:04 PM AGENDA ITEMS TO BE ADDED Motion to add the following Closed Sessions to the Agenda: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: 4TT Purpose: Unannounced Industries Economic Development Discussions/Updates Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: County Broadband Service Purpose: Legal Consultation/Discussion Regarding Potential Related Agreement with Broadband Provider 7.a.h Packet Pg. 34 Attachment: 10-20-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Work Session RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda with additions. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller PRESENTATIONS a. Department Head Spotlight (Sheriff's Department); (Presenter: Sheriff Mike Taylor); (15 minutes) Taylor provided the Board the latest installment in the County's Department Head Spotlight. b. VDOT County Projects Update (Presenter: Jay Craddock); (15 minutes) Craddock presented the Board with the following updates: 7.a.h Packet Pg. 35 Attachment: 10-20-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Work Session STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. CPMT Year End Report (Staff Contact: Cheryl J. Boswell); (10 minutes) Boswell provided the Board the CPMT’s Year End Report. She presented the following savings: Fiscal Year 2018 savings = $941,718.52; Fiscal Year 2019 savings = $682,051.81; Fiscal Year 2020 savings = $242,189.77. Over the last three (3) fiscal years a total of $1,865,960.10 has been saved. b. Danville Life Saving Crew Radio System Discussion (Staff Contact: Christopher C. Slemp); (10 minutes) Smitherman stated the County recently set aside $175,000 of CARES funding for Project 25 radio inoperability project (“Project”) with Danville Life Saving Crew (“DLSC”). The original proposal called for the City of Danville, Virginia (“City”), to also fund $175,000. The City has opted out of the system. DLSC is prepared to pay that portion of the Project and have submitted an Agreement for the County’s review. Motion to authorize the contribution of $175,000 for DLSC’s Harris Radio System and that the County Attorney architect an agreement that any future costs to the maintenance and upkeep of that system be the sole responsibility of the crew. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BUSINESS MEETING DISCUSSION ITEMS CLOSED SESSION a. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Impala Purpose: Unannounced Industry Economic Development (2) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: 4TT Purpose: Unannounced Industries Economic Development Discussions/Updates 7.a.h Packet Pg. 36 Attachment: 10-20-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Work Session b. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Franklin County/Cool Branch Fire/EMS Service Purpose: Legal Consultation Regarding Potential Franklin County/Cool Branch Fire/EMS Agreement Negotiations (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Potential Intergovernmental Contract/Agreement Purpose: Legal Consultation/Discussion Regarding Potential Intergovernmental Contract/Agreement (3) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: County Broadband Service Purpose: Legal Consultation/Discussion Regarding Potential Related Agreement with Broadband Provider Motion to enter Closed Session. The Board entered Closed Session at 5:28 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 6:49 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors 7.a.h Packet Pg. 37 Attachment: 10-20-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Work Session (the “Board”) on October 20, 2020, 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 Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Joe B. Davis Yes Timothy W. Dudley Yes Ben L. Farmer Yes William (“Vic”) Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes ADJOURNMENT Warren adjourned the Meeting at 6:50 PM. 7.a.h Packet Pg. 38 Attachment: 10-20-2020 Work Session - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) October 20, 2020 Business Meeting Pittsylvania County Board of Supervisors Business Meeting October 20, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on October 20, 2020, in the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 6:34 PM Ronald S. Scearce Vice-Chairman, Westover District Present 6:34 PM Joe B. Davis Supervisor, Dan River District Present 6:33 PM Timothy W. Dudley Supervisor, Staunton River District Present 6:36 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 6:35 PM William ("Vic") Ingram Supervisor, Tunstall District Present 6:34 PM Charles H. Miller, Jr. Supervisor, Banister District Present 6:33 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: Consent Agenda: 7(m): Resolution # 2020-10-03 (Resolution in Opposition to any Legislative Effort to Repeal or Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials) Approval; Presentations: 8(a): VACO Achievement Awards Presentation (Katie Boyle); and 8(b) Star Tribune Recognition New Business: 12(b): Resolution # 2020-10-04 (Relating to Franklin County/Cool Branch Fire and EMS Coverage); and Appointments: 13(b): Planning Commission Appointment (Chatham-Blairs District); (Richard Waters); (Supervisor Warren) Item to Move from Consent Agenda to New Business: 12(a): Ringgold Rail Trail Engineering Services Agreement Discussion (Staff Contact: Richard N. Hicks) 7.a.i Packet Pg. 39 Attachment: 10-20-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda with revisions. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. 2020 VACo Annual Business Meeting Voting Credentials Approval (Staff Contact: Kaylyn M. McCluster) b. WIB Fiscal Agent Agreement Approval (Staff Contact: Kimberly G. Van Der Hyde) c. Budget Amendments (Appropriation of Grant Funds) Approval (Staff Contact: Kimberly G. Van Der Hyde) d. School Budget Transfer Approval (Staff Contact: Kimberly G. Van Der Hyde) e. Solar Ordinance Revisions (PCC Chapter 35) Public Hearing Authorization (Staff Contact: Emily S. Ragsdale) f. PC and BZA Certification Pay Rate Change Approval (Staff Contact: Emily S. Ragsdale) g. Resolution # 2020-10-01 (VDOT Morgan Olson Way) Adoption (Staff Contact: Matthew D. Rowe) h. Resolution # 2020-10-02 (Assurances of Redesignation Application of County Enterprise Zone 57) Adoption (Staff Contact: Matthew D. Rowe) i. Recycling Containers IFB Award (Staff Contact: Richard N. Hicks) j. Solid Waste Interest PCC Revision (PCC § 17-4(C)) Public Hearing Authorization (Staff Contact: Richard N. Hicks) 7.a.i Packet Pg. 40 Attachment: 10-20-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Business Meeting k. Return Check Fee PCC Revision (PCC § 6-6.6) Public Hearing Authorization (Staff Contact: Vincent E. Shorter) l. Resolution # 2020-10-03 Resolution in Opposition to any Legislative Effort to Repeal or Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials ITEMS REMOVED FROM CONSENT AGENDA PRESENTATIONS a. Star Tribune Recognitions Jeremy Moser was present to accept recognition on behalf of the Chatham Star Tribune for being named the 2019 Best Weekly Newspaper in the State of Virginia. b. VACo Achievement Awards Presentation Katie Boyle, VACo, was in attendance to present the Achievement Awards to the County. HEARING OF THE CITIZENS Sonja Ingram, Tunstall District, requested for someone to come out and discuss heavy truck traffic on Mayfield Road. She stated the road is very narrow, curvy, and dangerous for the residents. There is a historical marker to be put on that road and she is afraid of the road becoming more dangerous due to this historical marker. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-20-021; First Piedmont Corporation; Dan River Election District; R-1, Residential Suburban Subdivision District, to M-2, Industrial District, Heavy Industry (Supervisor Davis) Warren opened the Public Hearing at 7:20 PM. Ben Davenport, Tommy Stump, and Nick Setliff, First Piedmont, were present to represent the Petition. The following citizens signed up to speak: Ann Smith of 985 Cedar Road lives one (1) mile from First Piedmont Landfill, and she expressed her concerns and problems with the landfill such as odor. Gerri Lamei of 824 Cedar Road voiced her concerns regarding odor and failed promises from Davenport and First Piedmont. Danny Oliver of 2522 Mountain Hill Road stated his mother lives at 317 Cedar Road and has other family in the same community voiced his concerns regarding this case. Angie Harris of 2721 Cedar Road also voiced her concerns regarding the rezoning of this land. Mike Basista also lives on Cedar Road and spoke on the constant odor and exposed trash. David Owen, Pastor of Christian Tablernacle, also spoke on the smell and stated it is unbearable. Curtis Strader, Pastor of White Rock Missionary Baptist Church on Cedar Road, voiced his concerns for those who live in this community as well as the members of the church. Robin Rossin of 1125 Cedar Road stated she was a lifelong resident of the community and opposed the 7.a.i Packet Pg. 41 Attachment: 10-20-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Business Meeting rezoning of this property. Julie Owen of 495 Coy Creek Lane in Ringgold provided pictures and information regarding her opposition of the rezoning of this property. Linda Gauldin also voiced her opposition on the rezoning of the property. Julie Griffin of 565 Cedar Road provided pictures of trash from her yard and spoke in opposition of the case. Ben Forest, Pastor of "the stinky church" so they are called, stated his opposition of the rezoning request. Judy Talbert of 660 Chaney Store Road for forty-three (43) years stated she was a lifetime resident and stated her opposition on this case. Setliff stated they begin the process of the liner next Monday due to the rain and weather. This was supposed to start on October 19, 2020. He stated the odor complaints have lessened. Dudley asked about the October 19, 2020, start date, and Setlif stated it is scheduled to start on October 26, 2020. It will take two (2) weeks to get cap on and welded, and two (2) more weeks to get the top on. Warren stated he visited this Landfill a few years ago and he has heard the citizens loud and clear tonight, but the Landfill component of this case is not controlled by the Board. That is handled under the DEQ. No one else signed up to speak and Warren closed the Public Hearing at 8:22 PM. Davis stated that he did not have the authority to decide based on the smells and such that are being complained about regarding First Piedmont and that those issues are handled by the DEQ. Ingram stated he has looked through the packet and made notes and the biggest thing he heard was “would you want this next to your house?” He stated the places of worship should not have to deal with a smell like this. Ingram finally stated the biggest thing he heard is that the citizens don’t want it and he will stand with the citizens. Motion to rezone 1.32 acres from R-1, Residential Suburban Subdivision District, to M-2, Industrial District, Heavy Industry (to combine with their adjacent parcels of land zoned M-2). RESULT: APPROVED [6 TO 1] MOVER: JDavis SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller NAYS: Ingram Case 2: Public Hearing: Rezoning Case R-20-022; John Martin Gregory; Banister Election District; A-1, Agricultural District, & B-2, Business District, General, to M-2, Industrial District, Heavy Industry (Supervisor Miller) Warren opened the Public Hearing at 8:34 PM. Gretchen Clark was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 8:36 PM. 7.a.i Packet Pg. 42 Attachment: 10-20-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Business Meeting Motion to approve the rezoning of the subject property, 1.32 acres, from R-1, Residential Suburban Subdivision District, to M-2, Industrial District, Heavy Industry, to make the zoning consistent with the Petitioner’s adjacent parcels of land zoned M-2, and the rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: Cell Tower Leases Approval (Staff Contact: Richard N. Hicks) Road, Mt. Airy, Rockford School Road, White Oak, Brosville, and Dan River Middle School). Subsequently, the County constructed two (2) additional communication towers at Old Mayfield and Tunstall. AcelaNet is requesting permission to add broadband equipment to the two (2) new towers. County Staff is proposing an amendment to the existing Agreement (“Agreement Amendment”) to add the two (2) additional towers. Since this involves the leasing of publicly owned property, per Virginia Code § 15.2-1800(B), a Public Hearing is legally required and a Notice for the same has been duly advertised. Warren opened the Public Hearing at 8:40 PM. No one signed up to speak and Warren closed the Public Hearing at 8:41 PM. Motion to authorize County Staff’s execution of the attached Agreement Amendment allowing the installation of AcelaNet’s broadband equipment on the new County Old Mayfield and Tunstall communication towers. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS a. Ringgold Rail Trail Engineering Services Agreement Approval (Staff Contact: Richard N. Hicks) The County has finally received approval to make the necessary repairs to the Ringgold Rail 7.a.i Packet Pg. 43 Attachment: 10-20-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Business Meeting Trail, the railroad bridge, and the County railroad spur (“Project”) caused by Hurricane Michael. The total Project amount approved was $3,028,121.48. FEMA will cover $2,271,091.11 of the Project’s cost, the State will cover $575,343.08, and the County’s share would be $181,687.29. The County has funds set aside to cover its costs. Dewberry did the initial review and cost estimates for the Project through an existing agreement with the West Piedmont Planning District Commission. The State granted an extension for this project until December 2022. The Board requested this item be taken back to Dewberry for them to come up with a better offer on the price. Motion to table this item. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Resolution # 2020-10-04 (Relating to Franklin County/Cool Branch Fire and EMS Coverage) Motion to approve Resolution # 2020-10-04 Relating to Franklin County/Cool Branch Fire and EMS Coverage. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPOINTMENTS a. IDA Appointment (Callands-Gretna); (Bill Nuckols); (Supervisor Farmer) Motion appointing Bill Nuckols as the County’s Callands-Gretna IDA Representative for a four (4) year term, beginning December 1, 2020, and expiring November 30, 2024. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Planning Commission Appointment (Chatham-Blairs); (Richard Waters); (Chairman Warren) Motion to appoint Richard Waters to the Planning Commission for a four (4) year term beginning on December 1, 2020. 7.a.i Packet Pg. 44 Attachment: 10-20-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors October 20, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller MATTERS FROM WORK SESSION (IF ANY) None. BOARD MEMBER REPORTS Farmer stated he is looking forward to finding a resolution for Franklin County Fire and EMS coverage. Ingram stated that Sheriff McGregor has been gone for ten (10) years and wanted to recognize him for his many years of service to the County, and he also thanked the Fire Departments in his District. Dudley stated Richard Motley showed him how things work on the Planning Commission and recognized him for his service. Miller also recognized Motley for his service on the Planning Commission. Scearce mentioned that there was a Resolution passed for qualified immunity for law enforcement and he is very proud of that. Warren recognized the Roy Ford Bridge recognition and he also reminded everyone of the Bark- a-Que event this Saturday at Banister Bend. He also recognized the Executive Team and appreciates their work. COUNTY ADMINISTRATOR REPORTS Smitherman encouraged everyone to attend the Bark-a-Que at Banister Bend on Saturday. He also welcomed Caleb Ayers to the County, and he recognized Kelly Keesee and her election team for the great job they are doing. ADJOURNMENT Warren adjourned the Meeting at 9:07 PM. 7.a.i Packet Pg. 45 Attachment: 10-20-2020 Business Meeting - DRAFT (2248 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Ison Furniture Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: November 17, 2020 Item Number: 7.b Attachment(s): Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 Reviewed By: SUMMARY Project Ison is considering an existing building at the Brosville Industrial Park to expand its upholstered furniture manufacturing operations. For the Board’s review and consideration, a related Local Performance Agreement (“LPA”) is attached. FINANCIAL IMPACT AND FUNDING SOURCE Modest incentives are paid after performance is met at no risk to the County. RECOMMENDATION County Economic Development Staff recommends the Board execute the attached Project Ison LPA as presented and authorize the County Administrator to execute any necessary related documents. MOTION “I make a Motion to execute the attached Project Ison LPA as presented and authorize the County Administrator to execute any necessary related documents.” 7.b Packet Pg. 46 1 LOCAL PERFORMANCE AGREEMENT THIS LOCAL PERFORMANCE AGREEMENT (this "Agreement"), made and entered into as of the _____ day of October 7, 2020, by and among INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County IDA"); the COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"); and ISON FURNITURE MANUFACTURING INC., a North Carolina corporation (the "Company"); W I T N E S S E T H : NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Section 1. - Recitals. The parties recite the following facts: a. The County IDA and the County, in order to stimulate economic growth and development of the community by creating jobs and infrastructure have agreed to provide incentives to new and expanding businesses which conduct industrial activity. b. The Company has agreed to locate new manufacturing operations in a vacant facility bearing a street address of 3872 Martin Drive, in Axton, Pittsylvania County, Virginia (the "Project Site"), by investing in new machinery and tools. During the Performance Period described below, the Company plans to make capital equipment investments of at least Three Million five-Hundred Thousand and 00/100 Dollars ($3,500,000.00) and to create one-hundred fifty (150) full-time jobs with an average yearly base wage of at least Thirty-Eight Thousand and 00/100 Dollars ($38,000.00), as set forth in this Agreement. c. The County IDA and the County are willing to provide those certain incentives to the Company summarized in Schedule 1(c), attached hereto and incorporated herein by this reference, provided that the Company satisfies certain criteria relating to employment projections and capital investment as described below. d. Each of the County IDA and the County finds that the provisions of this Agreement and the commitments of the Company will promote the expansion of industry by inducing industrial development within the Axton community, and that such development will promote the safety, health, welfare, convenience and prosperity of the citizens of Pittsylvania County. Section 2. - Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: 7.b.a Packet Pg. 47 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 2 a. "Agreement" shall mean this Local Performance Agreement and shall have the same meaning as set forth in the header paragraph. b. "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property, taxable tangible personal property, or both, at the Facility. A capital expenditure related to a leasehold interest in real property will be considered to be made "on behalf of the Company" if a lease between a developer and the Company is a capital lease, or is an operating lease having a term of at least ten (10) years, and the real property would not have been constructed or improved but for the Company's interest in leasing some or all of the real property. Only the capital expenditures allocated to the portion of the real property to be leased by the Company will count as Capital Investment. The purchase or lease of furniture, fixtures, machinery and equipment, including under an operating lease, will qualify as Capital Investment hereunder. c. "Company" shall have the same meaning as that term in the header paragraph of this Agreement. d. "County" shall have the same meaning as that term in the header paragraph of this Agreement. e. "County IDA" shall have the same meaning as that term in the header paragraph of this Agreement. f. "Event of Default" shall have the same meaning as that term is used in Section 7 below. g. "Event of Force Majeure" shall mean without limitation, any of the following: acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of any kind of the government of the United States of America or of the Commonwealth or any of their respective departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not caused by the Company; partial or entire failure of utilities; or any other cause or event not reasonably within the control of the Company. h. "Facility" shall collectively mean the Project Site and any other improvements thereon. i. "Government Party" or "Government Parties" shall mean either or both of the County IDA and the County. 7.b.a Packet Pg. 48 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 3 j. "Maintain", as it pertains to a New Job, shall mean that the New Job will continue without interruption from the date of creation through the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions), (ii) strikes and (iii) other temporary work stoppages not to exceed sixty (60) days. k. "New Job" shall mean new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least Thirty-Eight Thousand and 00/100 Dollars ($38,000.00), excluding standard fringe benefits. Each New Job must require a minimum of either (i) thirty-five (35) hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least forty-eight (48) weeks, or (ii) one thousand six hundred eighty (1,680) hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth of Virginia, and positions with construction contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs. l. "Performance Date" shall mean the date that is three (3) years after the date of this Agreement. m. "Performance Period" shall mean that period of time commencing on the date of this Agreement and ending on the Performance Date. n. "Project Site" shall have the same meaning as that term is used in Section 1(b) above. o. "Recruitment Documents" shall mean any one or more of this Agreement and the documents executed in connection with the State Grants. p. "State Grants" shall mean the Commonwealth Opportunity Fund Grant; the Tobacco Region Opportunity Fund Grant; and the Virginia Jobs Investment Program Grant. q. "Tobacco Commission" shall mean the Virginia Tobacco Region Revitalization Commission, a political subdivision of the Commonwealth of Virginia, as created in Chapter 31 of Title 3.2 of the Code of Virginia, 1950, as amended. Section 3. - Capital Investment and Job Creation by the Company. a. $3.5M Capital Investment. On or before the Performance Date, the Company shall make Capital Investment in the minimum aggregate amount of Three Million Five-Hundred Thousand and 00/100 Dollars ($3,500,000.00) on or for the Facility. 7.b.a Packet Pg. 49 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 4 b. 150 New Jobs. The Company shall create and employ one-hundred fifty (150) New Jobs on or before the Performance Date and shall Maintain these New Jobs until at least the Performance Date. On May 1 and November 1 of each year during the Performance Period, the Company shall produce and deliver to the County IDA a New Jobs roster itemizing, at a minimum, each New Job and the base pay (excluding fringe benefits), as described in Section 2(k) above and any other information pertaining to New Jobs as may be reasonably requested by the County IDA. The Company shall redact from the New Jobs roster any personally identifiable information of its employees. The Company hereby authorizes each of the County's Economic Development Director, the County’s Attorney and the County IDA Treasurer or his respective designees to obtain and to verify the information contained in the New Jobs roster from the Virginia Employment Commission. c. Financial Report. On May 1 and November 1 of each year during the Performance Period, the Company shall produce and deliver to the County IDA a financial report on the status of the Company's business since the date of this Agreement. Section 4. - Funds Extended to or for the Company. a. Up to $45,000 Pittsylvania County Jobs Grant. The County shall pay to the Company a Pittsylvania County Job Grant in the maximum amount of Forty-Five Thousand and 00/100 Dollars ($45,000.00) at a rate of Three-Hundred and 00/100 Dollars ($300.00) per New Job created during the Performance Period. This grant shall be dispersed retroactively at the end of the performance period. As an additional condition to this grant, the Company shall not then be in default of this Agreement, and no cure period is applicable. After this grant is disbursed, this grant is not subject to recapture by Government Parties in the event the Company fails to make the Capital Investment and/or create and Maintain the New Jobs on or before the Performance Date. b. Up to $55,000 Pittsylvania County Building and Land Use Fees Waiver. The County shall waive all local permit fees associated with building construction, land disturbance, building upfit, associated plan(s) review, zoning, and other land use considerations. c. State Grant Applications. The County IDA and/or the County shall apply for and accept State Grants as follows: i. $186,500 Commonwealth Opportunity Fund Grant. As a condition to and as a part of the application for the Commonwealth Opportunity Fund Grant, the County IDA and the Company shall enter into a performance grant agreement with the Office of the Governor of Virginia. If the application for such grant is approved, the County IDA shall disburse the funds upon the Company's satisfaction or achievement of certain performance metrics as set forth in such performance grant agreement. 7.b.a Packet Pg. 50 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 5 ii. $86,500 Tobacco Region Opportunity Fund. As a condition to and as a part of the application for the Tobacco Region Opportunity Fund Grant, the County IDA and the Company shall enter into a performance grant agreement with the Tobacco Commission. If the application for such grant is approved, the County IDA shall disburse the funds upon the Company's satisfaction or achievement of certain performance metrics as set forth in such performance grant agreement. iii. $105,000 Virginia Job Investment Program Grant. The County IDA shall assist the Company in applying for grants under the Virginia Economic Development Partnership's Virginia Jobs Investment Program, estimated at One-Hundred Five Thousand and 00/100 Dollars ($105,000.00) for job training purposes. If the application for such grant is approved, the Virginia Economic Development Partnership (of if allowed by the program, the County IDA) shall disburse the grant according to the terms and conditions of the Virginia Jobs Investment Program. [NOTE: Virginia Manufacturing Sales and Use Tax Exemptions are available to the Company, but the Company (and not the County IDA or the County) will complete the Tax Form ST-11. The Company is also eligible for Virginia’s Major Business Facility Job Tax Credit.] The Company shall reasonably cooperate with the Government Parties in connection with the applications for the State Grants, including without limitation providing financial information about the Company, the Company's planned Capital Investments, and the creation schedule of the New Jobs; provided, however, that the Government Parties agree to keep confidential, to the fullest extent allowable under Virginia Code § 2.2-3705.6(3), as amended, or successor provision, all of the proprietary information voluntarily provided by the Company to the Government Parties in connection with the application for the State Grants or in connection with the negotiating or drafting of this Agreement and the schedules thereto. Section 5. - Capital Investment Report. The Company shall provide a signed report to the County IDA annually, beginning January 1, 2021, documenting the Company's progress in Capital Investment and in maintenance of the Capital Investment of at least Three Million Five- Hundred Thousand and 00/100 Dollars ($3,500,000.00). The Company further agrees that each of the County's Economic Development Director and the County IDA’s Treasurer or his respective designees is authorized to verify all taxable Capital Investment and related information through the Office of the Commissioner of Revenue for the County. Section 6. - Representations and Warranties of the Company. As of the date of this Agreement and continuing until the Performance Date, the Company hereby represents and warrants to each Government Party the following: 7.b.a Packet Pg. 51 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 6 a. The Company is a corporation duly organized, validly existing, and in good standing under the laws of North Carolina and registered to do business and in good standing under the laws of Virginia as of the date of this Agreement, and is authorized to transact business in all jurisdictions in which the Company currently conducts any material business. b. This Agreement, the transactions contemplated herein, and the other Recruitment Documents to be executed by the Company have been or shall have been approved by all necessary corporate action by the Company; and the persons executing this Agreement and any of the other Recruitment Documents to be executed by the Company have or shall have full and complete authority to execute and deliver the same for and on behalf of the Company. c. The execution, delivery, and performance of this Agreement, the other Recruitment Documents, and the consummation of the transactions contemplated hereby and thereby by the Company will not violate, conflict with, or result in any default under, or cause any acceleration of any obligation under, any (i) articles of incorporation, bylaws, or other organizational documents of the Company; (ii) any existing contract, agreement, note, or other document to which the Company is a party, or by which the Company is bound; or (iii) any orders, decrees, or laws of any jurisdiction applicable to and binding upon the Company. d. This Agreement and all other Recruitment Documents constitute the legal, binding and enforceable obligations of the Company in accordance with the terms contained herein or therein, subject to any applicable bankruptcy laws. e. There is no pending or threatened litigation or proceeding against the Company which may materially adversely affect the financial condition, business operations, or business prospects of the Company. f. The Company is not in material default with respect to any existing indebtedness incurred by it. g. All financial statements, certificates, resolutions, and other information or documentation furnished to either or both of the Government Parties prior to the date of this Agreement by the Company are true, correct, and accurate in all material aspects, and no such information fails to disclose or misrepresents any information which could materially and adversely affect the transactions contemplated in this Agreement; and the Company has not failed to disclose any information which could materially and adversely affect the business or financial condition of the Company. Section 7. - Event of Default. It shall be an Event of Default upon the occurrence of any one or more of the following events: a. The occurrence of any default under this Agreement, or any other Recruitment Document which is not cured within thirty (30) days after written notice to the Company of such 7.b.a Packet Pg. 52 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 7 default (or if such default cannot reasonably be cured within such thirty (30) day period, then if the Company fails to substantially begin such cure within such thirty (30) day period or fails thereafter to diligently pursue such cure); b. The Company discontinues business for a period of sixty (60) days or more, or materially changes the nature of the Company's business; c. The Company (i) files a petition or has a petition filed against it under the Bankruptcy Code or any proceeding for the relief of insolvent debtors which is not dismissed within sixty (60) days of such filing; (ii) is subject to the entry of an order for relief by any court of insolvency; (iii) makes an admission of insolvency seeking the relief provided in the Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the benefit of creditors; (v) has a receiver appointed, voluntarily or otherwise, for its property; or (iv) becomes insolvent, however otherwise evidenced; d. The controlling owner of the Company (i) files a petition or has a petition filed against it under the Bankruptcy Code or any proceeding for the relief of insolvent debtors which is not dismissed within sixty (60) days of such filing; (ii) is subject to the entry of an order for relief by any court of insolvency; (iii) makes an admission of insolvency seeking the relief provided in the Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the benefit of creditors; (v) has a receiver appointed, voluntarily or otherwise, for its property; or (iv) becomes insolvent, however otherwise evidenced; or e. The Company is not in good standing with the Virginia State Corporation Commission after having received at least thirty (30) days written notice. Section 8. - Upon Occurrence of an Event of Default. In addition to and not in lieu of any other remedies or relief made available to either or both of the Government Parties under this Agreement, at law or in equity, upon the occurrence of an Event of Default, irrespective of whether either Government Party has terminated this Agreement, each Government Party (as the case may be) may elect any one or more of the following: a. The Government Party may immediately cease to disburse any further payments to or for the Company under this Agreement or the Recruitment Documents; b. Upon giving written notice to the Company, the Government Party shall have the right, but not the obligation, to offset any amounts owed by the Government Party against amounts owed or claimed to be owed by the Company; and/or c. The Government Party may pursue any and all other remedies available to it under this Agreement, any one or more of the Recruitment Documents or applicable law. Section 9. - Audit and Guideline Requirements. Upon reasonable prior written request, 7.b.a Packet Pg. 53 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 8 the Company shall allow each of the County's Economic Development Director and the County IDA’s Treasurer (or his respective designees) reasonable access during business hours to all records pertaining to the Company's employment and investment at the Facility, and the Company shall cooperate with the County IDA in any audit of such records by furnishing all information necessary to verify the Company's performance under this Agreement. In return, each Government Party agrees to maintain the confidentiality of any and all sensitive information, including without limitation personal payroll earnings or similar information that those Government Parties or its designees may receive or access. Section 10. - Force Majeure. Notwithstanding the foregoing, if the Company does not meet the New Job and Capital Investments requirements because of an Event of Force Majeure, the Performance Date will be extended day-for-day by the delay in meeting the targets caused by the Event of Force Majeure. Section 11. - Subject to Annual Appropriations. As provided under Virginia law, the obligations of the Government Parties to pay the cost of performing its obligations under this Agreement are subject to and dependent upon annual appropriations being made from time to time by the governing body of such Government Party, for such purpose. Section 12. - Non-waiver. No waiver of any term or condition of this Agreement by any party shall be deemed a continuing or further waiver of the same term or condition or a waiver of any other term or condition of this Agreement. Section 13. - Attorneys' Fees. Each of the parties shall be solely responsible for their respective attorneys' fees in the negotiating, drafting, and execution of this Agreement and any of the transactions contemplated hereby. Section 14. - Other Documents. The parties agree that they shall execute, acknowledge, and deliver all such further documents as may be reasonably required to carry out and consummate the transactions contemplated by this Agreement. Section 15. - Default. In the event that a party to this Agreement incurs attorneys' fees and/or costs in pursuing or defending an alleged breach of this Agreement, the non-prevailing party, in addition to any other remedy, shall be responsible for the reasonable attorneys' fees and costs incurred by the prevailing party. The parties retain all rights at law and in equity to enforce the provisions of this Agreement in accordance with applicable law. Section 16. - Entire Agreement. This Agreement and the schedules hereto contain the entire agreement and understanding of the parties to this Agreement with respect to the transactions contemplated hereby; and this Agreement and the schedules hereto supersede all prior understandings and agreements of the parties with respect to the subject matter hereof. Section 17. - Headings. The descriptive headings in this Agreement are inserted for 7.b.a Packet Pg. 54 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 9 convenience only and do not constitute a part of this Agreement. Section 18. - Notices. Any notice required or contemplated to be given to any of the parties by any other party shall be in writing and shall be given by hand delivery, certified or registered United States mail, or a private courier service which provides evidence of receipt as part of its service, as follows: If to the County IDA or the County: Attn.: Matthew D. Rowe Director of Economic Development 1 Center Street P.O. Box 426 Chatham, VA 24531 With a copy to: J. Vaden Hunt, Esq. County Attorney 1 Center Street P.O. Box 426 Chatham, VA 24531 If to the Company: Ison Furniture Manufacturing, Inc. Attn: Philip Ison, President 801 Trinity Street Thomasville, NC 27360 Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change in the manner provided herein. A notice given hereunder shall be deemed given on the date of hand delivery, deposit with the United States Postal Service properly addressed and postage prepaid, or delivery to a courier service properly addressed with all charges prepaid, as appropriate. Section 19. - Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties hereby submit to the exclusive jurisdiction of the state court located in Pittsylvania County, Virginia, or the U.S. District Court for the Western District of Virginia (Danville Division), in any action or proceeding arising out of, or related to this Agreement, and the parties hereby agree that all claims in respect of any action or proceeding shall be heard or determined only in either of these courts. The parties agree that a final judgment in any action or proceeding shall, to the extent permitted by applicable law, be conclusive and may be enforced in other jurisdictions by suit on the judgment, or in any other manner provided by applicable law related to the enforcement of judgments. If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumptions or burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the provisions of this Agreement. 7.b.a Packet Pg. 55 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 10 Section 20. - Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. Section 21. - Amendment, Modification and/or Supplement. The parties may amend, modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties, provided such amendments, modifications, and/or supplement are reduced to writing and signed by the parties or their successors in interest. Section 22. - Gender and Number. Throughout this Agreement, wherever the context requires or permits, the neuter gender shall be deemed to include the masculine and feminine, and the singular number to include the plural, and vice versa. Section 23. - Counterparts. This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. Section 24. - Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 25. - Survival. Any termination, cancellation or expiration of this Agreement notwithstanding, provisions which are by their terms intended to survive and continue shall so survive and continue. Section 26. - No Third-Party Beneficiaries. Nothing in this Agreement is intended, nor will be deemed, to confer any rights or remedies upon any person or legal entity not a party to this Agreement. [SIGNATURES ARE ON FOLLOWING PAGES.] 7.b.a Packet Pg. 56 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 11 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _______________________________ Eddie L. Hite, Jr., Chairman ATTEST: ______________________________ Brenda O. Robertson Clerk Industrial Development Authority of Pittsylvania County, Virginia COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2020, by EDDIE L. HITE, JR., in his capacity as Chairman of INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 7.b.a Packet Pg. 57 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 12 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _______________________________ Robert W. “Bob” Warren, Chairman Board of Supervisors ATTEST: ______________________________ David M. Smitherman Clerk Pittsylvania County Board of Supervisors COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2020, by ROBERT W. “BOB” WARREN, in his capacity as Chairman of the Board of Supervisors of COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 7.b.a Packet Pg. 58 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 13 WITNESS our signature to this LOCAL PERFORMANCE AGREEMENT as of the date first above written: ISON FURNITURE MANUFACTURING, INC., a North Carolina corporation By: _______________________________ Name: _Philip Ison__ Title: _President________________ STATE OF _________________________________________ CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2020, by _______________________, in the capacity as _______________________ of ISON FURNITURE MANUFACTURING, INC., a North Carolina corporation, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ List of Schedules 1(c) - Summary of Incentives 7.b.a Packet Pg. 59 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance 14 Schedule 1(c) (Summary of Incentives) Grant / Benefit / Incentive Value or Max. Value Pittsylvania County Job Grant ('4(a)) $45,000.00 Pittsylvania County Fee Waivers ('4(b)) $55,000.00 Commonwealth Opportunity Fund Grant ('4(c)(i)) $186,500.00 Tobacco Region Opportunity Fund ('4(c)(ii)) $86,500.00 Virginia Jobs Investment Performance Grant ('4(c)(iii)) $105,000.00 Virginia Major Business Facility Jobs Tax Credit $100,000.00 Virginia Manufacturing Sales and Use Tax Exemptions (Form ST-11 from the Virginia Department of Taxation) $132,500.00 Total $710,500.00 7.b.a Packet Pg. 60 Attachment: Local Performance Agreement - Ison Furniture and Pittsylvania County IDA.V1 (2235 : Ison Furniture Local Performance Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Dogwood Global Local Performance Agremeent Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: November 17, 2020 Item Number: 7.c Attachment(s): Company Executed Local Performance Agreement-Dogwood Reviewed By: SUMMARY: Project Dogwood has announced a new project at the Brosville Industrial Park to expand its furniture manufacturing operations. This project represents a capital investment of $500,000 and creation of forty-five (45) new jobs at an average annual salary of $38,000. For the Board’s review and consideration, the Local Performance Agreement (“LPA”) is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Modest incentives and waivers of fees after performance is met; thereby, eliminating any County financial risk. RECOMMENDATION: County Economic Development Staff recommends the Board execute the attached LPA as presented and authorize the County Administrator to execute and submit any related necessary documents. MOTION: “I make a Motion to execute the attached LPA as submitted and authorize the County Administrator to execute and submit any related necessary documents.” 7.c Packet Pg. 61 7.c.aPacket Pg. 62Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 63Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 64Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 65Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 66Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 67Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 68Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 69Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 70Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 71Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 72Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 73Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 74Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff 7.c.aPacket Pg. 75Attachment: Company Executed Local Performance Agreement-Dogwood (2236 : Dogwood Global Local Performance Agremeent Approval (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Intrado E-911 Phone Line Contract Extension Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Agenda Date: November 17, 2020 Item Number: 7.d Attachment(s): Intrado contract monthly extension 11 2020 Reviewed By: SUMMARY: The County’s 911 Center is currently working to upgrade to NG911, which was approved by the Board last year. Until the upgrade can be finalized, the County needs to extend the attached Intrado contract, due to expire this month, on a month-to-month basis. Intrado has agreed to said monthly extension at no additional monthly cost. FINANCIAL IMPACT AND FUNDING SOURCE: No additional fiscal County impact. The current monthly rate of $7,048.00 is still effective. RECOMMENDATION: County Staff recommends the Board approve the attached Intrado monthly contract extension as presented. MOTION: “I make a Motion to approve the attached Intrado monthly contract extension as presented.” 7.d Packet Pg. 76 © 2020 Intrado Corporation. All rights reserved. EOE/AA Employer Page 1 Intrado Change Order 1. Information Customer Name Pittsylvania County, VA Board of Supervisors Change Order Effective Date Latest date signed below. Underlying Service Order or Statement of Work (“Order”) Service Order/Statement of Work for IEN 9-1-1 Routing and Automatic Location Identification Management (ALI) services effective September 18, 2008, as amended Term of this Change Order Concurrent with term of the Order 2. Change to Services Intrado Life & Safety, Inc. (“Intrado”) will extend the current services (“Services”) under the Order. A9-1-1 Routing ALI MPLS 2.1. Term Beginning on December 1, 2020, the term of the Order is extended on a month-to-month basis until Customer migrates to AT&T. No early termination penalties and no auto renewal.provisions of the Order apply to the term, as extended by this Change Order. 3. Fees The following fees will apply: Description Fee 9-1-1 Routing, ALI Services and MPLS - up to 30,000 TNs $7,048.00 9-1-1 Routing, ALI Services and MPLS - > 30,000 TNs $0.15/TN As applicable, one-time fees will be invoiced, and recurring fees will commence invoicing, upon: Change Order Effective Date; or Acceptance. Acceptance will occur on the earliest of the following events: (1) Customer provides written notice of acceptance; (2) Services are used, or are capable of being used, by Customer in a live environment, or (3) three calendar days pass after Intrado’s notice of Services availability without receipt of a Customer notice of material defect. Capable of being used means that Intrado has completed its obligations herein and any delay to the system going live is due to events of third parties or events otherwise outside of Intrado’s control. 4. Other Amendment The parties agree to further amend the Order as follows: Beginning on December 1, 2020, current pricing will be extended on a month-to-month basis with the ability to terminate with notice for migration to AT&T. Current circuits installed at the PSAP are bundled into the MRF. At such time the PSAP terminates with notice, a separate charge of $600.00/month will be invoiced until Customer 7.d.a Packet Pg. 77 Attachment: Intrado contract monthly extension 11 2020 (2231 : Intrado E-911 Phone Line Contract Extension Approval (Staff Contact: © 2020 Intrado Corporation. All rights reserved. EOE/AA Employer Page 2 notifies Intrado to disconnect the circuits and Intrado receives notification from the carriers that the circuits have been disconnected. Services required outside the scope of these services, will be billed at the standard Professional Services Rate of $275/hour. 5. Entire Agreement Except as stated herein, the Order continues in full force and effect. This Change Order amends the Order as stated herein, constitutes the parties’ entire agreement, and supersedes any prior written or oral agreements related to its subject matter. This document may be executed in counterparts, by facsimile or electronically, and is not enforceable unless signed by both parties. PITTSYLVANIA COUNTY, VA BOARD OF SUPERVISORS INTRADO LIFE & SAFETY, INC. Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title Date signed Title Date signed 7.d.a Packet Pg. 78 Attachment: Intrado contract monthly extension 11 2020 (2231 : Intrado E-911 Phone Line Contract Extension Approval (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: DPCS Annual Report (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: November 17, 2020 Item Number: 8.a Attachment(s): Annual Report ABSOLUTE FINAL Draft Reviewed By: Jim Bebeau, Director of Danville-Pittsylvania Community Services, will present the DPCS Annual Report to the Board. 8.a Packet Pg. 79 Non Profit Org.U.S. PostagePAIDDanville, VAPermit No. 93www.dpcs.org245 Hairston StreetDanville, Virginia 24540434.799.0456Return Service RequestedDanville-Pittsylvania Community Services 2020 Annual Report Unlocking Potential Our CommunityOur People Our Services 8.a.a Packet Pg. 80 Attachment: Annual Report ABSOLUTE FINAL Draft (2249 : DPCS Annual Report (Staff Contact: David M. Smitherman)) Danville-Pittsylvania Community Services 2020 Annual Report Page 2 William S. Allgood Kimberly G. Van Der Hyde Hon. Michael S. Mondul Shelby Irving PITTSYLVANIA COUNTY DPCS Board of Directors CITY OF DANVILLE Chairperson's Message James F. Bebeau, LPC 8.a.a Packet Pg. 81 Attachment: Annual Report ABSOLUTE FINAL Draft (2249 : DPCS Annual Report (Staff Contact: David M. Smitherman)) Our People Our Services Danville-Pittsylvania Community Services 2020 Annual Report Page 3 Our Community 8.a.a Packet Pg. 82 Attachment: Annual Report ABSOLUTE FINAL Draft (2249 : DPCS Annual Report (Staff Contact: David M. Smitherman)) Danville-Pittsylvania Community Services 2020 Annual Report Page 4 Behavioral Health Services $8,308,934 40.21%Central Administration Services* $2,419,736 11.71% Developmental Services $8,578,455 41.51% Total Expenditures: $20,664,235 100% Prevention Services $1,357,110 6.57% Division Expenditures Number of Individuals Served by DPCS during FY 2020* Mental 1,157 718 74 1,949 50,345 4,908 Health Dev. 660 604 27 1,291 104,689 10,195 Disability (DD) Substance 131 84 4 219 4,946 38 Use Emergency 934 520 139 1,593 9,020 Services Dual 41 34 1 76 Enrolled Dual 92 71 10 1 73 Enrolled Prevention 10,511 10,388 0 20,899 TOTAL 13,526 12,419 255 26,200 169,000 15,141 ProgramAreas City County Other Service UnitsTotal Bed Days Total Revenue: $23,018,558 100% Local $1,108,666 4.82% Direct Client Fees $376,588 1.64% Other $653,740 2.83% Federal $1,680,229 7.30% State $8,246,743 35.83% Other Fees $10,952,592 47.58% Revenue Sources Our Community 8.a.a Packet Pg. 83 Attachment: Annual Report ABSOLUTE FINAL Draft (2249 : DPCS Annual Report (Staff Contact: David M. Smitherman)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-023; Matthew and Caitlyn Scarce; Westover Election District; B-2, Business District, General, to R-1, Residential Suburban Subdivision District (Supervisor Scearce) Staff Contact(s): Emily S. Ragsdale Agenda Date: November 17, 2020 Item Number: 10.A.1 Attachment(s): SCARCE - CASE R-20-023 SCARCE - R-20-023 MAP Reviewed By: SUMMARY: In Case R-20-023, Matthew and Caitlyn Scarce (“Petitioners”) have petitioned to rezone 2.00 acres, located on Pine Lake Road, in the Westover Election District, from B-2, Business District, General, to R-1, Residential Suburban Subdivision District (to allow for construction of a single- family dwelling for their personal residence). Once the property is rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioners’ request. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-20-023, submitted by Matthew and Caitlyn Scarce, requesting to rezone 2.00 acres, located on State Road 878/Pine Lake Road, in the Westover Election District, from B-2, Business District, General, to R-1, Residential Suburban Subdivision District, to allow the construction of a single family dwelling. The subject property is adjacent to properties currently zoned R-1, Residential Suburban Subdivision District, and the proposed rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-20-023, I make a motion to approve the rezoning of the subject property, 2.00 acres, from B-2, Business District, General, to R-1, Residential Suburban Subdivision District, to allow for the construction of a single family dwelling. This rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.1 Packet Pg. 84 10.A.1.a Packet Pg. 85 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 86 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 87 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 88 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 89 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 90 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 91 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 92 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 93 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) 10.A.1.a Packet Pg. 94 Attachment: SCARCE - CASE R-20-023 (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Caitlyn Scarce) Legend Assessed Parcels Parcel ID Number Parcels Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: SCARCE _ CASE R-20-023 Date: 11/10/2020 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.1.b Packet Pg. 95 Attachment: SCARCE - R-20-023 MAP (2250 : Public Hearing: Rezoning Case R-20-023, Matthew and Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-024; William C. Dawson, II; Chatham-Blairs Election District; R-1, Residential Suburban Subdivision District, to B-1, Business District, Limited (Supervisor Warren) Staff Contact(s): Emily S. Ragsdale Agenda Date: November 17, 2020 Item Number: 10.A.2 Attachment(s): WILLIAM DAWSON - CASE R-20-024 DAWSON - CASE R-20-024 MAP Reviewed By: SUMMARY: In Case R-20-024, William Dawson (“Petitioner”) has petitioned to rezone 2.36 acres, located on Franklin Turnpike, in the Chatham-Blairs Election District, from R-1, Residential Suburban Subdivision District, to B-1, Business District, Limited (for sales, service, and repair of automobiles, which will require a Special Use Permit). Once the property is rezoned to B-2, all uses listed under Pittsylvania County Code § 35-347 are permitted. The Planning Commission, with opposition, recommended that the Petitioner’s request be granted with the proffer offered by the applicant. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-20-024, submitted by William Dawson, requesting to rezone 2.36 acres, located on Highway 41/Franklin Turnpike, in the Chatham- Blairs Election District, from R-1, Residential Suburban Subdivision District, to B-1, Business District, Limited. The subject property is adjacent to properties currently zoned B-1, Business District, Limited, and the proposed rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-20-024, I make a motion to approve the rezoning of the subject property, 2.36 acres, from R-1, Residential Suburban Subdivision District, to B-1, Business District, Limited. This rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.2 Packet Pg. 96 10.A.2.a Packet Pg. 97 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 98 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 99 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 100 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 101 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 102 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 103 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 104 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 105 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 106 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) 10.A.2.a Packet Pg. 107 Attachment: WILLIAM DAWSON - CASE R-20-024 (2252 : Public Hearing: Rezoning Case R-20-024, William C. Dawson, II) Legend Assessed Parcels Parcel ID Number Parcels Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: DAWSON - CASE R-20-024 Date: 11/10/2020 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.2.b Packet Pg. 108 Attachment: DAWSON - CASE R-20-024 MAP (2252 : Public Hearing: Rezoning Case R-20-024, William C. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-025; Self Farm, LLC; Banister Election District; R-1, Residential Suburban Subdivision District, and A- 1, Agricultural District, to A-1, Agricultural District; Amend the Future Land Use Designation in the Comprehensive Plan from Industrial to Agricultural and Rural Residential (Supervisor Miller) Staff Contact(s): Emily S. Ragsdale Agenda Date: November 17, 2020 Item Number: 10.A.3 Attachment(s): SELF FARM LLC - CASE R-20-025 SELF FARM LLC - R-20-025 MAP Reviewed By: SUMMARY: In Case R-20-025, Self Farm, LLC (“Petitioner”), has petitioned to rezone 75.93 acres, located on U.S. Highway 29 North and on Strader Road, in the Banister Election District from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District, and amend the Future Land Use Designation in the Comprehensive Plan from Industrial to Agricultural and Rural Residential (for a conservation easement). Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission, with no opposition, recommended that the Petitioner’s request be granted. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-20-025, submitted by Self Farm, LLC, requesting to rezone 75.93 acres located on U.S. Highway 29 North and on State Road 689/Strader Road, in the Banister Election District, and shown on the Tax Map as GPIN# 2427-23-5940, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District, and to amend the Future Land Use Designation in the Comprehensive Plan from Industrial to Agricultural and Rural Residential to allow the property to be placed in a conservation easement. The subject property is adjacent to properties currently zoned A-1, Agricultural District. The property is also adjacent to properties designated as Agricultural and Rural Residential in the Comprehensive Plan. MOTION: “In Case R-20-025, I make a motion to approve the rezoning of the subject property, 75.93 acres, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, 10.A.3 Packet Pg. 109 Agricultural District, and to amend the Future Land Use Designation in the Comprehensive Plan from Industrial to Agricultural and Rural Residential to allow the property to be placed in a conservation easement.” 10.A.3 Packet Pg. 110 10.A.3.a Packet Pg. 111 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 112 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 113 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 114 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 115 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 116 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 117 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 118 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 119 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 120 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) 10.A.3.a Packet Pg. 121 Attachment: SELF FARM LLC - CASE R-20-025 (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, LLC) Legend Assessed Parcels Parcel ID Number Parcels Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: SELF FARM, LLC - CASE R-20-025 Date: 11/10/2020 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.3.b Packet Pg. 122 Attachment: SELF FARM LLC - R-20-025 MAP (2253 : Public Hearing: Rezoning Case R-20-025, Self Farm, Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Budget Amendment Public Hearing (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: November 17, 2020 Item Number: 10.B.1 Attachment(s): Public Hearing Notice - Budget Amendment Reviewed By: SUMMARY: Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of the Budget Amendments, attached, appeared in the Chatham Star Tribune on November 4, 2020, which satisfies the seven (7)-day requirement. FINANCIAL IMPACT AND FUNDING SOURCE: The County needs to make several Budget Amendments to the FY2021 County Budget, which involve new funding for Schools and Capital Improvements. These funds will be used as outlined below, as well as on the attached Public Hearing Notice. Capital Improvements Expenditures $1,303,709.11 CRF School Expenditures 2,554,380.70 GO Virginia Grant Expenditures 2,453,291.75 CARES School Expenditures 1,439,708.00 School Bus Expenditures 664,745.00 TOTAL BUDGET AMENDMENTS $8,415,834.56 RECOMMENDATION: Following the legally required Public Hearing, County Staff recommends that the Board approve an appropriation of $8,415,834.56. MOTION: “I make a Motion that $8,415,834.56 be approved and appropriated to the FY2021 County Budget.” 10.B.1 Packet Pg. 123 PUBLIC HEARING NOTICE Pursuant to § 15.2-2507, Code of Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, November 17, 2020, at 7:00 p.m., at the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia, 24531, to receive citizen input on the below proposed Budget Amendments to the FY2021 County Budget. By appointment, related documents are available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, and on the County’s website, www.pittsylvaniacountyva.gov. Proposed Budget Amendments 2020 - 2021 REVENUES Current Budgeted Revenues $ 216,101,765.75 Carryover Capital Funds 1,303,709.11 CRF Locality Funds-Schools 2,554,380.70 GO Virginia Grant Funds-Schools 2,453,291.75 CARES Funding-Schools 1,439,708.00 School Bus Lease Funds 664,745.00 Proposed Amended Revenues $ 224,517,600.31 EXPENDITURES Current Budgeted Expenditures $ 216,101,765.75 Capital Improvements Expenditures 1,303,709.11 CRF School Expenditures 2,554,380.70 GO Virginia Grant Expenditures 2,453,291.75 CARES School Expenditures 1,439,708.00 School Bus Expenditures 664,745.00 Proposed Amended Expenditures $ 224,517,600.31 10.B.1.a Packet Pg. 124 Attachment: Public Hearing Notice - Budget Amendment (2244 : Public Hearing: Budget Amendment Public Hearing) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Solar Ordinance Revisions (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: November 17, 2020 Item Number: 10.B.2 Attachment(s): 11-17-2020 Public Hearing Notice - Solar Ordinance Proposed Solar Ordinance Amendments Reviewed By: SUMMARY: Emily S. Ragsdale, Community Development Director, has identified the attached potential revisions to the County’s Solar Ordinance that would benefit the County and its citizens. At the Board’s October Business Meeting, the Board unanimously agreed to the Legislative Committee’s recommendation to advertise said revisions for a Public Hearing for potential adoption at the November Business Meeting. A copy of the related advertisement is attached. FUNDING SOURCE AND FINANCIAL IMPACT No negative County financial impact. RECOMMENDATION: County Staff recommends the Board approve the attached Solar Ordinance revisions as presented.” MOTION: “I make a Motion to approve the attached Solar Ordinance revisions as presented.” 10.B.2 Packet Pg. 125 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, November 17, 2020, at the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code § 35-141, Solar Ordinance. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 10.B.2.a Packet Pg. 126 Attachment: 11-17-2020 Public Hearing Notice - Solar Ordinance (2232 : Public Hearing: Solar Ordinance Revisions (Staff Contact: Emily S. Proposed amendments to PCC § 35-141.(C) UTILITY SCALE SOLAR ENERGY FACILITY, PCC § 35-141.(D) PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES and PCC § 35-141(E) Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities. SEC. 35-141.(C) UTILITY SCALE SOLAR ENERGY FACILITY 1. Utility-scale solar energy facilities shall be by Special Use Permit in the M-1 Industrial District, Light Industry zoning district and the M-2 Industrial District, Heavy Industry zoning district, and in the A-1 Agricultural zoning district. 2. Utility-scale solar energy facilities shall be located no more than 2 miles from an existing electrical transmission line. 3. Utility-scale solar energy facilities shall be located at least five (5) miles from any other utility scale solar energy facility. 4. Density of panel coverage over the entire site area shall be no more than seventy (70) percent. SEC. 35-141.(D) PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES 3. A site plan meeting the requirements of Chapter 35, Article V, Division 4 Pittsylvania County Code, including the following additional information and details: a) Property lines and setbacks as set out below, unless otherwise prescribed by the Board of Zoning Appeals as a condition of approval for a Special Use Permit required setbacks are increased by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. • All aspects and components associated with a solar energy facility shall meet the minimum zoning placement and setback requirements for the zoning district in which it is locatedshall be no less than one hundred fifty (150) feet from any property line. No setbacks are required between the property lines of parcels that are adjacent to each other and within the project area of a single project. • The project area shall be no less than two hundred (200) feet from the property line of any residential use located outside of the project area. b) Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment. c) Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements for other types of projects in the underlying zoning district. Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 0.5", No bullets or Formatted: Indent: Left: 0.5", No bullets or Formatted: Indent: Left: 0.5", No bullets or Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman Formatted: Normal, Indent: Left: 0.75", Hanging: 0.25", No bullets or numbering Formatted: Font: (Default) Times New Roman 10.B.2.b Packet Pg. 127 Attachment: Proposed Solar Ordinance Amendments (2232 : Public Hearing: Solar Ordinance Revisions (Staff Contact: Emily S. Ragsdale)) d) Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks). e) Fencing, or other methods of ensuring public safety, in accordance with Section 35- 121. f) Buffering as required based on the visual impacts of the project or as required by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. Required buffers shall be placed or preserved between any required fencing and adjoining properties and/or adjacent rights-of-way. Buffering or vegetative screening shall comply with Section 35-121. include a minimum 15-foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. The vegetation shall be evergreen and designed to be at least 15 feet in height at maturity of any new plantings and shall be a minimum of 6 feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required screening. g) Additional information may be required, as determined by the Zoning Administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the Zoning Administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal. 4. Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information. 5. Document that the panels are located and installed so that the sum of the glare is directed away from an adjoining property or public rights of way. 6. The applicant shall provide proof of adequate liability insurance for a large and utility scale solar facility prior to issuance of a zoning or building permit. Sec. 35-141(E) Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities The owner or operator of a large or utility scale solar energy facility shall completely decommission a facility within 12 months if the facility ceases to generate electricity for a continuous period of 12 months This period may be extended by the Board of Zoning Appeals if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond their control and the facility has not been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing and any 10.B.2.b Packet Pg. 128 Attachment: Proposed Solar Ordinance Amendments (2232 : Public Hearing: Solar Ordinance Revisions (Staff Contact: Emily S. Ragsdale)) other associated equipment, facilities and structures to a depth of at least 36 inches and stabilization of the site. A decommissioning plan shall be submitted, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars, not including a salvage or recyclable material value used to offset the decommissioning cost, provided in an itemized format by a Virginia Licensed Professional Engineer (PE); (3) how said estimate was determined; and (4) the manner in which the project will be decommissioned. As allowed by Section 35-714 of the Pittsylvania County Zoning Ordinance, the Board of Zoning Appeals shall require a bond with surety or other approved security to ensure compliance with conditions imposed in a Special Use Permit. The plan shall acknowledge that if at any time the project is declared to be an unsafe structure by the Pittsylvania County Building Code Official, the terms of the “unsafe structure” code shall apply. The surety instrument shall meet the following requirements: A. Cash or certified check from a federally insured financial institution, with a credit rating of Superior, or equivalent, from a recognized credit rating company, licensed to do business in the Commonwealth of Virginia, to be held in escrow by the County Treasurer, deposited in an interest-bearing bank account. B. An Irrevocable Letter of Credit from a federally insured financial institution, with a credit rating of Superior, or equivalent, from a recognized credit rating company, licensed to do business in the Commonwealth of Virginia and payable to the County in part or in full upon demand and receipt of a notice of forfeiture. Letter of credit shall be irrevocable unless replaced with cash or other form of security acceptable to the County. C. A surety or performance bond that renews automatically from a company registered and licensed to operate in the Commonwealth of Virginia, with a credit rating of Superior, or equivalent, from a nationally recognized rating company, and on the U.S. Department of Treasury’s Listing of Certified Companies (Department of the Treasury Circular 570, as revised). Performance Bond must be payable to the County and maintained until decommissioning requirements are met. There must be a requirement and mechanism for the surety company to give prompt notice to the County of: (i) any action alleging bankruptcy or insolvency of the surety or violation that would result in suspension or revocation of the license of the surety: (ii) any attempt at cancellation by the owner: and (iii) any pending cancellation by the surety. D. An insurance policy that provides the County with acceptable rights as a beneficiary and is issued by an insurance carrier that has the authority to issue insurance policies in the County, and whose insurance operations are regulated and examined by a Federal or State Agency. Sec. 35-141(F) General Requirements for Large and Utility Scale Solar Energy Facilities 1. The height of roof mounted large and utility-scale solar energy facilities shall not exceed the 10.B.2.b Packet Pg. 129 Attachment: Proposed Solar Ordinance Amendments (2232 : Public Hearing: Solar Ordinance Revisions (Staff Contact: Emily S. Ragsdale)) maximum height of other structures as permitted in the zoning district, and the maximum height of ground mounted facilities shall be 15 feet, as measured from the grade or base of the facility to its highest point, or shall be as approved by the Board of Zoning Appeals as a 2. Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) warning signs and placards; (c) signs that may be required by a federal agency; and (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and the benefits of renewable energy may be allowed as provided in Article II, Division 3 of the Pittsylvania County Zoning Ordinance. 3. All large and utility scale solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes, and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 4. All large and utility scale solar energy facilities shall comply with all applicable state and federal permitting and regulatory requirements. 5. All large and utility scale solar energy facilities must comply with the Pittsylvania County Noise Ordinance, but the requirements shall be no more stringent than for other development in the underlying zoning district. 10.B.2.b Packet Pg. 130 Attachment: Proposed Solar Ordinance Amendments (2232 : Public Hearing: Solar Ordinance Revisions (Staff Contact: Emily S. Ragsdale)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Return Check Fee Ordinance Revision (Staff Contact: Vincent E. Shorter) Staff Contact(s): Vincent E. Shorter Agenda Date: November 17, 2020 Item Number: 10.B.3 Attachment(s): 11-17-2020 Public Hearing Notice - Return Check Fee Bad Check Fee - PH Attachment Reviewed By: SUMMARY: Currently, the County’s Treasurer’s Office is authorized by Pittsylvania County Code (“PCC”) § 6-6.6, attached, to charge $35.00 for returned checks. The Pittsylvania County Service Authority currently charges $45.00 for returned checks. Virginia Code § 15.2-106, attached, allows localities to charge up to $50.00 for returned checks. For uniformity’s sake and to sufficiently recover the true administrative costs associated therewith, the Treasurer recommends that PCC § 6-6.6 be revised to charge $45.00 for returned checks. At the Board’s October Business Meeting, the Board unanimously agreed to the Legislative Committee’s recommendation to advertise said revision for a Public Hearing for potential adoption at tonight’s Meeting. A copy of the related advertisement is attached. FUNDING SOURCE AND FINANCIAL IMPACT No negative County financial impact. RECOMMENDATION: The Treasurer recommends the Board adopt the revision to PCC § 6-6.6 as presented. MOTION: “I make a Motion to adopt the revision to PCC § 6-6.6 as presented.” 10.B.3 Packet Pg. 131 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, November 17, 2020, at the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code § 6-6.6 (Bad Check Fee), increasing the return check fee by $10.00. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 10.B.3.a Packet Pg. 132 Attachment: 11-17-2020 Public Hearing Notice - Return Check Fee (2234 : Public Hearing: Return Check Fee Ordinance Revision (Staff Contact: Virginia Code § 15.2-106. Ordinances providing fee for passing bad checks to localities. Any locality may by ordinance provide for a fee, not exceeding $50, for the uttering, publishing or passing of any check, draft, or order for payment of taxes or any other sums due, which is subsequently returned for insufficient funds or because there is no account or the account has been closed, or because such check, draft, or order was returned because of a stop-payment order placed in bad faith on the check, draft, or order by the drawer. _______________ Pittsylvania County Code (Current) SEC. 6-6.6. BAD CHECK FEE. Pittsylvania County, Virginia, and any and all of its associated Constitutional Officers, shall have the authority to charge and collect up to $35.00 for the uttering, publishing or passing of any check, draft, or order for payment of taxes or any other sums due, which is subsequently returned for insufficient funds, or because there is no account or the account has been closed, or because such check, draft, or order was returned because of a stop. _________________ Pittsylvania County Code (Revised) SEC. 6-6.6. BAD CHECK FEE. Pittsylvania County, Virginia, and any and all of its associated Constitutional Officers, shall have the authority to charge and collect up to $45.00 for the uttering, publishing or passing of any check, draft, or order for payment of taxes or any other sums due, which is subsequently returned for insufficient funds, or because there is no account or the account has been closed, or because such check, draft, or order was returned because of a stop. 10.B.3.b Packet Pg. 133 Attachment: Bad Check Fee - PH Attachment (2234 : Public Hearing: Return Check Fee Ordinance Revision (Staff Contact: Vincent E. Shorter)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Solid Waste Interest Ordinance Revision (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 17, 2020 Item Number: 10.B.4 Attachment(s): 11-17-2020 Public Hearing Notice - Solid Waste Interest Solid Waste Interest - PH Attachment Reviewed By: SUMMARY: County Staff recently discovered that there are no interest charges on unpaid solid waste disposal invoices at the County Landfill. There are not many unpaid invoices, but when an invoice remains unpaid for thirty (30) days or more, County Staff feels there should be interest added to the invoice. Virginia Code § 15.2-105, attached, allows the Board to adopt an Ordinance imposing interest on delinquent landfill accounts “not exceeding ten percent.” For the Board’s review and consideration, attached is a related proposed revision to Pittsylvania County Code (“PCC”) § 17-4(C). At the Board’s October Business Meeting, the Board unanimously agreed to the Legislative Committee’s recommendation to advertise said revision for a Public Hearing for potential adoption at the Board’s November Business Meeting. A copy of the related advertisement is attached. FINANCIAL IMPACT AND FUNDING SOURCE: No negative County funding impact. This change will assist the County in capturing its administrative costs related to delinquent County Landfill solid waste disposal invoices. RECOMMENDATION: Following the holding of the legally required Public Hearing, County Staff recommends the Board adopt the attached PCC § 17-4(C) revision as presented. MOTION: “I make a Motion to adopt the attached PCC § 17-4(C) revision as presented.” 10.B.4 Packet Pg. 134 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, November 17, 2020, at the Chatham Community Center (Gallery Room), 115 South Main Street, Chatham, Virginia 24531, to receive citizen input on a proposed revision to Pittsylvania County Code § 17-4(C), adding interest for delinquent landfill accounts. A complete copy of the proposed revision is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 10.B.4.a Packet Pg. 135 Attachment: 11-17-2020 Public Hearing Notice - Solid Waste Interest (2233 : Public Hearing: Solid Waste Interest Ordinance Revision (Staff Virginia Code § 15.2-105. Penalty and interest for failure to pay accounts when due. Any person failing to pay, pursuant to an ordinance, any account due a locality on or before its due date, other than taxes which are provided for in Title 58.1, may, at the option of the locality, incur a penalty thereon of ten dollars or an amount not exceeding ten percent. The penalty shall be added to the amount of the account due from such person. No penalty shall be imposed for failure to pay any account if such failure was not in any way the fault of the debtor. Interest at the rate of ten percent annually from the first day following the day such account is due may be collected upon the principal and penalty of all such accounts. ______________________________________________________________________________ PCC § 17-4. PITTSYLVANIA COUNTY LANDFILL A. The Pittsylvania County Landfill shall be operated as an Enterprise Fund wherein all solid waste received at the Pittsylvania County Landfill must be billed at the current approved tipping fee in accordance with Section 17-4(C). Revenues to the Enterprise Fund shall be derived from the County's consumer utility tax and the tipping fees. B. No commercial hauler shall be permitted to dispose of solid waste in the Pittsylvania County Landfill without having first entered into a written contract for such disposal with the Board of Supervisors of Pittsylvania County, Virginia, acting through its duly authorized County Administrator or his/her designee. C. The fee for disposal of acceptable solid waste at the County Landfill shall be set annually by the Board of Supervisors. Ten percent (10%) interest shall be applied to all landfill disposal accounts more than thirty (30) days in arrears. D. Incorporated Towns of Pittsylvania County will be charged a disposal fee in accordance with Sections 17-4(A) and (C) provided the County does not collect a utility tax within the incorporated Town limits. (B.S.M. 6/20/00) E. For County residents and County businesses only, tires may be disposed of only at the County Landfill at a rate set annually by the Board of Supervisors. F. Hazardous chemicals, liquid waste, hazardous waste, highly combustible waste, sludge, and other semi-solid fluids shall not be accepted at the Pittsylvania County Sanitary Landfill except by prior approval by the Board of Supervisors and shall be disposed of only as approved by the Department of Environmental quality of the Commonwealth of Virginia. To this end, all waste presented for disposal at the landfill may be inspected prior to disposal. All waste presented for disposal shall be presented in such a manner as to allow for easy inspection. In the event that unacceptable waste is detected or suspected, the County Administrator, Assistant County Administrator, Director of Public Works, or head of operations at the landfill, or any designee thereof, shall refuse to accept such waste for disposal, until such waste is determined to be acceptable waste by analysis from the Department of Environmental Quality or its designee. 10.B.4.b Packet Pg. 136 Attachment: Solid Waste Interest - PH Attachment (2233 : Public Hearing: Solid Waste Interest Ordinance Revision (Staff Contact: Richard N. G. It shall be unlawful for any person to enter the area of the Pittsylvania County Sanitary Landfill in which solid waste is deposited and remains uncovered and not buried who is not authorized by the Director of Public Works, or the head of operations at the landfill, or any designee thereof. It shall likewise be unlawful for any person to remove, disturb, or search in the solid waste or engage in the practice of sorting through or scavenging in or about the solid waste deposited at the Pittsylvania County Sanitary Landfill. The foregoing shall not apply to any County employee in the regular course of his duties or any other person authorized by the County Administrator or County official in charge of the Solid Waste program. H. Regulations governing the Landfill shall be posted at the Landfill gate. The County Administrator or other designee of the Board of Supervisors shall arrange special hours of operations on Saturdays and holidays, as the need arises, and such special open hours shall be reported to the public through the news media. I. Solid waste tonnage accepted at the County Landfill shall be determined by the County’s Landfill permit. J. Subject to all conditions contained inappropriate in the State and Federal permits, an oil recycling program for the citizens and commercial businesses of Pittsylvania County shall be operated at the Pittsylvania County Landfill. The landfill operation manager, or his designated assignee, in his sole discretion may reject or deny acceptance of any oil, for any of the following reasons: • Inability to inspect oil • Suspicion of contamination • Failure to submit documentation of origin • Proof of residency. Failure to provide proof of residency • Unavailable storage capacity at the landfill. • Any and all requirements placed on the County by the Department of Environmental Quality, United States Environmental Protection Agency, or any other regulatory agency with jurisdiction in the Commonwealth of Virginia. No oil shall be accepted from a commercial hauler. (B.S.M. 8/18/98) 10.B.4.b Packet Pg. 137 Attachment: Solid Waste Interest - PH Attachment (2233 : Public Hearing: Solid Waste Interest Ordinance Revision (Staff Contact: Richard N. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Ringgold Rail Trail Rehabilitation Engineering Services Agreement Approval (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 17, 2020 Item Number: 11.a Attachment(s): 2020.11.05 Ringgold Rail.Trail.Bridge (002) Reviewed By: SUMMARY: The Board asked County Staff at the Board’s last Business Meeting to go back to Dewberry Engineers, Inc., and request that they take another look at the proposed related agreement and determine if there were any cost saving options. Attached for your review and consideration is a revised proposal in the amount of $298,000, compared to the original proposal for $322,000. Also attached is a more detailed summary describing the complexities of this Project. All these Projects are also subject to the Davis Bacon Act, which requires the review of weekly payrolls of the contractors, periodic employee interviews to verify paid wages, and reporting of this information to the Department of Labor. FINANCIAL IMPACT AND FUNDING SOURCE: Funds for this Project will be on a cost-share basis between the Federal Government, the State Government, and the County. The County has their anticipated share included in the FY 20/21 County Budget. RECOMMENDATION: County Staff recommends the Board authorize the County Administrator to execute an agreement with the West Piedmont Planning District Commission for the work to be performed by Dewberry Engineers, Inc., in the amount of $298,000, MOTION: “I make a Motion to authorize the County Administrator to execute an agreement with the West Piedmont District Commission for the work to be performed by Dewberry Engineers, Inc., for the Ringgold Rail Trail and Bridge Repair Project.” 11.a Packet Pg. 138 Page 1 of 5 October 14, 2020 Revised November 5, 2020 Mr. David Hoback Executive Director West Piedmont Planning District Commission (WPPDC) 1100 Madison Street Martinsville, VA 24112 RE: Ringgold Rail, Trail and Bridge Repair – Amendment #1 Pittsylvania County Ringgold, Virginia Dear Mr. Hoback: As an amendment to our existing contract, Dewberry Engineers Inc. (Dewberry) appreciates this opportunity to present our scope of work and cost proposal for additional professional surveying, environmental, and engineering services. The project includes the repair of damaged sections of the existing rail line owned by Pittsylvania County (County) and sections of the Ringgold Rail Trail including an existing five-span ashlar stone masonry arch structure. Dewberry understands that the County has received funding from FEMA and the Virginia Department of Emergency Management (VDEM) totaling approximately $3 million for design and construction related services. The following contains our understanding of the project, scope of services, and proposed fees for the work. The County wishes to utilize our on-call services agreement with WPPDC to complete these services. UNDERSTANDING OF THE PROJECT In the aftermath of Hurricane Michael, flooding along Sandy Creek near Ringgold resulted in damage to an existing rail line near the trailhead on Ringgold Road. Additional damage was sustained on the Ringgold Rail Trail including the partial collapse of a stone arch bridge that carries a portion of that trail. The bridge is presently closed to all traffic. The County is seeking a phased approach for assessing the damage and subsequent design and construction of necessary repairs/improvements. For the initial phase of the project, Dewberry has provided an assessment of approximately one-half mile of the rail line and approximately four (4) miles of the trail spanning from Route 655 (Shawnee Road) trail head to access point on Kerns Church Road. Dewberry understands that the County owns 25’ on each side of the old rail bed which translates to a 50’ total width trail right-of-way. The existing bridge on the trail system over Sandy Creek is a five-span, ashlar stone masonry arch structure believed to have been constructed by the railroad circa 1915 and retrofitted from open-deck to ballasted deck superstructure between 1925 and 1927. The pier heights were measured at approximately 56 feet from base of rail to bottom of masonry at Pier 3 and approximately 58 feet at Pier 5. The height from base of rail to normal waterline was measured at approximately 50 feet. Storm damage descriptions, photos, and assessments are detailed in three (3) reports prepared by Dewberry and submitted to the County and FEMA. The reports listed below have been approved by FEMA and considered as the basis for the scope of work described in this proposal. The three (3) reports are: Inspection Report – Ringgold Rail Trail (latest revision 12/2019) Rail Assessment (latest revision 12/2019) Bridge Inspection Report – Ringgold Rail Trail Richmond and Danville Bridge (latest revision 09/2019) 11.a.a Packet Pg. 139 Attachment: 2020.11.05 Ringgold Rail.Trail.Bridge (002) (2251 : Ringgold Rail Trail Rehabilitation Engineering Services Agreement Approval) Mr. David Hoback October 14, 2020 Revised November 5, 2020 Page 2 of 5 Due to the storm damage, this section of the trail, including the existing bridge, was closed immediately after the collapse of Pier 4 was discovered. There are multiple areas of the trail which will require extensive remediation work to make necessary repairs allowing the trail to be reopened. The damage includes severe erosion and washout at multiple locations, the damage/removal of several pipe culverts and additional damage directly related to flooding from the storm. As to the bridge, the collapsed pier left the span between Pier 3 and Pier 5 suspended without direct support and in an apparent unsafe condition for traffic. The initial phase of work investigated and assessed the condition of both the trail itself along with the remaining structure and, to the extent practicable, determine the prospects for repair of the remnants. This amendment includes the preparation of construction documents and associated permitting and construction administration for the work described in the aforementioned reports approved by FEMA and VDEM. We further understand this project is subject to provisions outlined in the Davis-Bacon Act. SCOPE OF SERVICES & FEES Dewberry proposes to provide the additional Scope of Services described below: PHASE 2 – DESIGN AND CONSTRUCTION 1. Bridge Design The County has elected to restore the existing bridge back to pre-disaster design, function, and capacity within the existing footprint. In order to accomplish that, structural evaluation of the existing structure will be performed to determine the stability of the structure and the possible collapse mechanisms that may occur upon the initiation of construction. Dewberry will prepare a structural model to evaluate the current condition of the structure and identify risks in the repair of the structure. Support structures will be evaluated to provide stabilization and prevent the progressive collapse of the entire structure. The preliminary design will provide the basis for repairs and the construction staging necessary to prevent further damage and collapse of the structure. Based on the structural evaluation and the results from the preliminary design, a preliminary engineering design will be developed. The design will be performed in accordance LRFD Bridge Design Specifications, 2015 edition with supplements, the AASHTO Pedestrian Bridge Guidelines and the owner’s applicable criteria. The base preliminary design is for repairing the existing bridge and returning it to service, if feasible, or for partial removal and stabilizing the remnants of the existing stone arch bridge for preservation purposes if return to services is not feasible. The challenge of this analysis is in preparing the stabilization and construction sequencing of the existing structure in order to avoid progressive collapse of the structure. Dewberry will meet with the County to review the preliminary design. Upon approval of preliminary design and addressing any comments or concerns, Dewberry will commence final design of the structure repairs and restoration to include foundation design, superstructure design, and preparation of architectural and structural details. Dewberry will also prepare specifications, quantities and an engineer’s opinion of probable cost based on the final design elements. FEE: $185,000 (Hourly Fee Estimate) 2. Survey (Rail Line and Trail) Dewberry will perform a limited field topographic survey of the damaged sites within the rail line and trail as listed in the reports noted above. The scope of the survey will include the rail/trail alignment (including 100 LF in either direction of the damaged areas), tie-in grades at top/bottom of side slopes (including 30 LF beyond tie-in points), and the proposed area of the construction access road for bridge construction operations. Two (2) control points will be established at each survey site and will be located in an area that is to be undisturbed by construction. This totals approximately 11.5 acres 11.a.a Packet Pg. 140 Attachment: 2020.11.05 Ringgold Rail.Trail.Bridge (002) (2251 : Ringgold Rail Trail Rehabilitation Engineering Services Agreement Approval) Mr. David Hoback October 14, 2020 Revised November 5, 2020 Page 3 of 5 +/- and the deliverable will be a CAD file suitable for use to develop design plans. No boundary survey services are included nor will any additional maps or plats be prepared. FEE: $12,000 (Hourly Fee Estimate) 3. Environmental Delineation and Permitting (Bridge) Dewberry will conduct a wetland investigation to identify approximate limits of jurisdictional wetlands and Waters of the U.S. (WOTUS) within 100’ of the partially collapsed stone arch bridge. Field indicators of hydrophytic vegetation, hydric soils, and wetland hydrology will be observed and recorded to determine the approximate wetland boundaries. Stream channel(s) will be delineated at the ordinary high-water mark. Boundaries of jurisdictional wetlands will be flagged and field located. U.S. Army Corps of Engineers (USACE) data forms will be completed to characterize each type of wetland community in accordance with the 1987 “Corps of Engineers Wetland Delineation Manual” and the 2012 “Eastern Mountains and Piedmont Region” supplement. A wetland report summarizing the wetland investigation, including wetland data sheets, and map exhibits will be prepared and forwarded to the USACE Regulatory of the Day (ROD). Dewberry will meet onsite with the USACE and Virginia Dept. of Environmental Quality (DEQ) to request a verification of the jurisdictional boundary locations. Once the area(s) has been confirmed, Dewberry will request a letter of verification. This verification is valid for five (5) years from the date of issuance. Following confirmation, Dewberry will calculate the proposed impacts to determine the appropriate permitting options. Based on preliminary review of the project, Dewberry assumes that environmental impacts will be minimal, and the project will qualify for a Nationwide Permit 3 – Maintenance (NWP- 3). Dewberry will prepare and submit Preconstruction Notification (PCN) along with the supporting documentation and figures in order to obtain an NWP-3. If it is determined that the project does not qualify for a Nationwide Permit, then additional fees may be necessary to complete the project. In addition to the tasks described above, Dewberry will visually investigate the approximate limits of jurisdictional wetlands and Waters of the U.S. (WOTUS) along the approximate four (4) mile Ringgold Rail Trail from Route 655 (Shawnee Road) trail head to access point on Kerns Church Road. Locations that may require future delineations will be marked on a trail map exhibit for future consideration. FEE: $8,000 (Hourly Fee Estimate) 4. Site/Civil Design (Rail Line and Trail) Utilizing the field topographic survey described above as base mapping, Dewberry will prepare site/civil plans detailing the repair and restoration of the damaged sections of the rail line and trail as outlined in the reports submitted to and approved by FEMA and VDEM. Plans will include site layout, grading plan, erosion & sediment control and associated details. Culvert crossings will be identified and details outlining their repair/replacement will also be included as needed. Due to the fact that this project is a direct result of storm damage and the intent of the design is to restore the stability and functionality of the rail line, trail, and bridge to pre-storm condition, post construction stormwater management facilities are not anticipated or included in this scope of work. Damaged sections will be repaired/replaced in-kind; no drainage analysis or enhancements will be included. FEE: $18,500 (Hourly Fee Estimate) 5. Construction Documents (CD’s) and Approvals (Bridge, Rail Line and Trail) Dewberry will assemble the Plans with technical specifications, standard County and required FEMA/VDEM front-end documents into a set of CDs for each project (three separate CD’s) suitable for permitting and soliciting bids from qualified contractors for construction. The CD’s will be submitted to the County for review and approval. Dewberry will revise the documents based on 11.a.a Packet Pg. 141 Attachment: 2020.11.05 Ringgold Rail.Trail.Bridge (002) (2251 : Ringgold Rail Trail Rehabilitation Engineering Services Agreement Approval) Mr. David Hoback October 14, 2020 Revised November 5, 2020 Page 4 of 5 comments received (assume minor comments). Additionally, CD’s for the Rail Line project will be submitted to Norfolk Southern for their review and coordination. FEE: $4,500 (Hourly Fee Estimate) 6. Construction Administration Services (Bridge, Rail Line and Trail) Dewberry will provide the following services for each project: Bidding: o Answer RFI’s and issue addenda as required during the bid process. (assume less than 10) o Attend a pre-bid meeting conducted by the County with the selected general contractors and their major subcontractors. (One meeting to include all projects) o Assist the County in bid opening and awarding of project to a general contractor(s). The County will administer bidding and procurement of each project. Construction: o Attend monthly construction visits conducted by the general contractor. (Estimate eight months of construction for the Bridge, and five months for the Rail Line and Trail respectively.) o Dewberry will provide a cloud-based website for use by design team, County, FEMA, VDEM, and contractor(s) during the construction process. Site will contain PDF’s of the approved construction documents and specifications for use by the general contractor and subcontractors during the bidding and construction process. o Answer contractors’ Request for Information (RFIs), review and approve shop drawings (Estimate 10 for the Bridge, and five each for the Rail Line and Trail) and contractors’ pay requisitions. o Complete substantial and final completion walkthroughs and review punch list(s) as submitted by the general contractor(s). o Record drawings clearly noting changes during construction shall be maintained throughout the project by the general contractor(s) and submitted to Dewberry prior to project close-out. Dewberry will prepare final record drawings in AutoCAD format based on marked drawings and other data provided by the general contractor(s) relating to changes made and as-built information obtained during performance of the work. Final drawings will include all addenda, RFI sketches, bulletins, and as-built information provided by the general contractor(s). o Issue close out documents to the County and general contractor(s). FEE: $70,000 (Hourly Fee Estimate) Total Hourly Estimated Fee (Items 1-6 above): $298,000 (Bridge, Rail Line and Trail) Note: Dewberry will not exceed total hourly estimated fee without authorization from the County. EXCLUSIONS Wetland delineation outside the limits of the described project area above, property access agreements, wetland functional analysis, Stream Attribute Forms, wetland mitigation, wetland banking, Environmental Site Assessments (phase I, II, and III), endangered species surveys (i.e. mussel surveys), permit fees, Water Quality Impact Assessment, or Floodplain Studies. Utility design services or off-site road improvements. Access agreements, temporary construction easements, etc. with neighboring property owners. Stormwater management and associated plan reviews with the Virginia Dept. Environmental Quality. Items not listed or described above. Dewberry proposes to provide the Scope of Services described above on an hourly basis per our Hourly Billing Rate Schedule included as part of our current open-end agreement with WPPDC. This proposal is 11.a.a Packet Pg. 142 Attachment: 2020.11.05 Ringgold Rail.Trail.Bridge (002) (2251 : Ringgold Rail Trail Rehabilitation Engineering Services Agreement Approval) Mr. David Hoback October 14, 2020 Revised November 5, 2020 Page 5 of 5 subject to the terms and conditions of our current open-end agreement with WPPDC. The receipt of a requisition for these services from WPPDC will serve as our authorization to proceed. Sincerely, Brian K. Bradner, PE Vice President | Branch Manager R:\Proposal Letters\Engineering\2020.11.05 Ringgold Rail.Trail and Bridge Repair-Amendment #1.docx 11.a.a Packet Pg. 143 Attachment: 2020.11.05 Ringgold Rail.Trail.Bridge (002) (2251 : Ringgold Rail Trail Rehabilitation Engineering Services Agreement Approval) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Courthouse Elm Trees Update (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 17, 2020 Item Number: 11.b Attachment(s): Reviewed By: SUMMARY: County Staff scheduled an arborist to inspect the two (2) elm trees at the Courthouse on Monday, November 9, 2020. County Staff anticipates a final report prior to the Board’s November Business Meeting. The County has also received notification from the Virginia Department of Forestry that the County is eligible for $4,109 toward the cost of removing the trees and $400.00 towards the cost of replacing the trees. If the Board accepts the funds and approves the removal of the trees, this work must be completed prior to December 31, 2020, and the replacement must be completed by May 31, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: The estimated funds will be grant funds and will have to be accounted for in the FY 20/21 County Budget. RECOMMENDATION: County Staff recommends the Board accept the arborist’s recommendation regarding the two (2) Courthouse elm trees and authorize County Staff to act accordingly to utilize the related funding by the aforementioned deadlines. MOTION: “I make a Motion to accept the recommendations arborist’s recommendations regarding the two (2) Courthouse elms and authorize County Staff to act accordingly to utilize the related funding by the aforementioned deadlines.” 11.b Packet Pg. 144 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: IDA Appointment (Banister District); (Daniel Jones); (Supervisor Miller) Staff Contact(s): Supervisor Miller Agenda Date: November 17, 2020 Item Number: 13.a Attachment(s): Reviewed By: SUMMARY: Randy Anderson is currently the Banister District Representative on the County’s Industrial Development Authority (“IDA”). His term is set to expire on November 30, 2020. Supervisor Miller desires to recommend the Board appoint Daniel Jones as the County’s Banister District IDA Representative for a term beginning December 1, 2020, and expiring on November 30, 2024. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board follow Supervisor Miller’s recommendation and appoint Daniel Jones as the County’s Banister District IDA Representative for a four (4) year term, beginning December 1, 2020, and expiring November 30, 2024. MOTION: “I make a Motion to appoint Daniel Jones as the County’s Banister District IDA Representative for a four (4) year term, beginning December 1, 2020, and expiring November 30, 2024.” 13.a Packet Pg. 145 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: IDA Appointment (Dan River District); (Steven Merricks); (Supervisor Davis) Staff Contact(s): Supervisor Davis Agenda Date: November 17, 2020 Item Number: 13.b Attachment(s): Reviewed By: SUMMARY: Currently, Eddie Hite is the Dan River District Representative on the County’s Industrial Development Authority (“IDA”). His term is set to expire on December 31, 2020. Mr. Hite has indicated that he will not seek reappointment to the IDA. Supervisor Davis desires to recommend that the Board appoint Steven Merricks as the County’s Dan River District IDA Representative for a term beginning January 1, 2021, and expiring December 31, 2025. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board follow Supervisor Davis’ recommendation and appoint Steven Merricks as the County’s Dan River IDA Representative for a four (4) year term, beginning January 1, 2021, and expiring December 31, 2025. MOTION: “I make a Motion to appoint Steven Merricks as the County’s Dan River District IDA Representative for a four (4) year term, beginning January 1, 2021, and expiring December 31, 2025.” 13.b Packet Pg. 146