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02-16-2021 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, February 16, 2021 – 7:00 PM Board Meeting Room 39 Bank Street, SE, 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. Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde) c. BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster) d. Letter of Support for HB 2322/SB 1469 (Creation of Opioid Abatement Authorize )Transmittal Authorize (Staff Contact: Kaylyn M. McCluster) e. 2021 Board Work Plan Approval (Staff Contact: David M. Smitherman) f. Resolution # 2021-02-01 (Resolution Rescinding Resolution # 2020-09-03 and Supporting New Disposition of S.R. 1055 (Bachelor Hall Farm Road) Relating to the Proposed S.R. 311 Berry Hill Connector Road Project) Adoption (Contact: Supervisor Scearce) g. FRC Recommended Equipment and Apparatus Uniform CIP Standards Adoption (Staff Contact: Christopher C. Slemp) h. Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using County Tax Exemption Financing) Adoption (Staff Contact: Christopher C. Slemp) Business Meeting - February 16, 2021 i. Resolution # 2021-02-03 (Resolution in Opposition to any Legislative Effort to Repeal/Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials) Adoption (Staff Contact: Kaylyn M. McCluster) j. Notice of Intent to Abandon a Portion of Ringgold Industrial Parkway (S.R. 1270) and Right-of-Way for Intertape Expansion Approval (Staff Contact: Matthew D. Rowe) k. Revised FY21 Volunteer CIP MOA Approval (Staff Contact: Christopher C. Slemp) 8. PRESENTATIONS 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 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-21-001; City of Danville, Virginia; Dan River Election District; R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to B-2, Business District, General (Supervisor Davis) Case 2: Public Hearing: Rezoning Case R-21-002; Sherry Scruggs; Tunstall Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Ingram) Business Meeting - February 16, 2021 Case 3: Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia; Callands-Gretna Election District; R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District (Supervisor Farmer) 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: PCC Chapter 8 Potential Revisions (Related to Registrar's Office Move); (Staff Contact: Richard N. Hicks) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. APPOINTMENTS 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. McClluster Agenda Date: February 16, 2021 Item Number: 7.a Attachment(s): 01-19-2021 Economic Development Committee Meeting - DRAFT 01-19-2021 Work Session - DRAFT 01-19-2021 Business Meeting - DRAFT Reviewed By: 7.a Packet Pg. 4 January 19, 2021 PITTSYLVANIA COUNTY ECONOMIC DEVELOPMENT COMMITTEE VIRGINIA: The Pittsylvania County Economic Development Committee Meeting was held on January 19, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 2:30 PM. ROLL CALL The following Committee Members were present: Attendee Name Title Status Arrived Warren Chairman; Chatham Blairs District Present 2:30 PM Scearce Supervisor; Westover District Present 2:20 PM Dudley Supervisor; Staunton River District Present 2:26 PM Davis, Ingram, and Miller were also present. ADDITIONS/REVISIONS TO AGENDA Motion to add the following item to the Agenda as item 7(b)(3): 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: Marcus & Millichap Real Estate Investment Services Representation Agreement Purpose: Legal Consultation/Advice Regarding the Same RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Scearce AYES: Warren, Scearce, Dudley APPROVAL OF AGENDA Motion to approve Agenda. 7.a.a Packet Pg. 5 Attachment: 01-19-2021 Economic Development Committee Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Economic Development Committee January 19, 2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Dudley NEW BUSINESS a. IDA Meeting Update McCulloch was present and gave a brief recap of the IDA’s January 12, 2021, Meeting. MATTERS FROM COMMITTEE MEMBERS None. CLOSED SESSION Motion to enter Closed Session. The Committee entered Closed Session at 2:37 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Scearce AYES: Warren, Scearce, Dudley 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 Matters: Projects Recycle and Matterhorn Purpose: Project(s) 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: AEP Transmission Line Relocation at Southern Virginia Megasite Tobacco Commission Loan Agreement Purpose: Legal Consultation/Advice Regarding the Same (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: AeroFarms Tenant Improvement Financing Purpose: Legal Consultation/Advice Regarding the Same c. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. 7.a.a Packet Pg. 6 Attachment: 01-19-2021 Economic Development Committee Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Economic Development Committee January 19, 2021 (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Marcus & Millichap Real Estate Investment Services Representation Agreement Purpose: Legal Consultation/Advice Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Committee returned to Open Session at 3:19 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ ECONOMIC DEVELOPMENT COMMITTEE CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ Economic Development Committee Meeting on January 19, 2021, 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 Committee 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 Scearce Yes Dudley Yes Warren Yes ADJOURNMENT Warren adjourned the Meeting at 3:20 PM. 7.a.a Packet Pg. 7 Attachment: 01-19-2021 Economic Development Committee Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) January 19, 2021 Work Session PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on January 19, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (4:30 PM) Warren Called the Meeting to Order at 4:30 PM. ROLL CALL A Roll Call was conducted. The following Board Members were present: Attendee Name Title Status Arrived Warren Chairman; Chatham Blairs District Present 4:28 PM Scearce Vice-Chairman; Westover District Present 4:26 PM Davis Supervisor; Dan River District Present 4:27 PM Dudley Supervisor; Staunton River District Present 4:27 PM Farmer Supervisor; Callands-Gretna District Present 4:26 PM Ingram Supervisor; Tunstall District Present 4:26 PM Miller Supervisor; Banister District Present 4:27 PM AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller PRESENTATIONS None. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Shell Building VRA Issuance Review (Staff Contact: Matthew D. Rowe); (10 minutes) Rowe stated the County’s Shell Building Project (“Project”) at Lot 6 in the Cane Creek Centre has been modified due to the partnership with RealtyLink Developers and the increased Project scope. The building increased in size from 30,000 sf to 100,000 square feet due to RealtyLink’s resources. The Tobacco Commission Shell Building Grant is now a loan through Virginia Resources Authority (“VRA”), which contracts with the Tobacco Commission to underwrite loans. VRA required the County IDA to act as lender for this $1,150,000 loan. The Project 7.a.b Packet Pg. 8 Attachment: 01-19-2021 Work Session - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Work Session Budget is $5,000,000; the loan amount is $1,150,000, and the $3,850,000 is debt equity paid by RealtyLink. The IDA approved the loan issuance/terms at its January 12, 2021, Meeting. The County will serve as the financial backer of the IDA’s loan. The funds have already been extended, the building is close to complete, and the site is being. Rowe also provided to the Board a proposed Resolution for potential action on tonight’s Business Meeting’s Consent Agenda. b. Convenience Center Cost Estimates/Schedules Update (Staff Contact: Richard N. Hicks); (10 minutes) Hicks gave an update on the convenience centers cost estimates and schedules as provided in the Board packet, which can be found on the County’s website at www.pittsylvaniacountyva.gov c. Hurt EMS Station Bids Review/Discussion (Staff Contact: Richard N. Hicks); (10 minutes) Hicks stated, on January 5, 2021, County Staff received construction bids for the Hurt/EMS building (“Project”). The Project’s original estimate was $500,000, including engineering. The lowest Project bid received was $757,650. On January 11, 2021, County Staff, as allowed under the Virginia Public Procurement Act (“VPPA”), virtually met with the Project’s architect and the low-bid contractor to discuss options for lowering the Project’s cost. After discussing several options, again as permitted by the VPPA, the contractor and architect were asked to provide an updated price to County Staff no later than January 15, 2021. The lowest bid came in from Daniel Builders, LLC. and there was consensus from the Board to forward this recommendation for approval at the Business Meeting. d. Authorization to Apply for Federal Funds for Cherrystone and Roaring Fork Dam Projects Discussion (Staff Contact: Richard N. Hicks); (10 minutes) Hicks stated in 2019, the Town of Chatham, Virginia (“Chatham”), was granted $100,000 from the Virginia Legislature to study alternative options regarding mandated repairs to the Cherrystone and Roaring Fork Dams (“Project’). The original sponsors of the Project were Chatham, the County, and the Pittsylvania County Soil and Water Authority. The County served as the Grant’s Fiscal Agent and the Project has been completed. With the County’s lead, the three (3) sponsoring agencies issued a Request for Qualifications and interviewed several professional firms, with the anticipation that the selected firm would complete the study and continue with the design of the dam modifications. Froehling & Robertson, Inc. (“F&R”), from Roanoke, Virginia, was selected to complete the study by all the sponsoring agencies’ governing bodies. F&R has completed the Project and identified several lower cost alternatives for the Project. The process’ next step is the actual design of the dam modifications. This portion of the Project is one hundred percent (100%) federally funded, but the sponsoring agencies will have to apply for the funding. The funding is then contingent upon funds being available in the Federal Budget, which could take one (1) to three (3) years. There was consensus of the Board to authorize County Staff to apply for federal funds for the Cherrystone and Roaring Fork Dam projects, and to also send a letter to the Chatham Town Mayor providing notice of the upcoming shared responsibility and also requesting public recreational lake access. 7.a.b Packet Pg. 9 Attachment: 01-19-2021 Work Session - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Work Session e. Landfill Solar Lease RFP Review/Discussion (Staff Contact: Richard N. Hicks); (10 minutes) Hicks stated that County Staff issued the attached Request for Proposals (“RFP”) to determine if solar companies have interest in installing solar fields on closed cells at the County Landfill. This process was initiated by an RFP from Dominion Energy (“Dominion”) that favored brownfield/landfill sites. If the County selects a firm based on its RFP, the Project will still require approval by Dominion through their selection process, which could take up to one (1) to two (2) years. There was consensus of the Board to for the recommendation to the full Board to award the Landfill Solar Lease award to AC Power, New York. BUSINESS MEETING DISCUSSION ITEMS Farmer referenced the Legislative Priority on tonight’s Business Meeting’s Consent Agenda. He stated he was concerned that there was not a cry for help regarding school funding. Hunt said that was an oversight and would include that as well. CLOSED SESSION The Board entered Closed Session at 5:21 PM on the following: RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, 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. (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Jail Land Purpose: Discussion of Related Property Acquisition for a Public Purpose 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 Matters: Cool Branch/Franklin EMS Agreement Purpose: Legal Consultation/Advice Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:43 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 7.a.b Packet Pg. 10 Attachment: 01-19-2021 Work Session - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Work Session CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors (the “Board”) Work Session on January 19, 2021, 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 Davis Yes Dudley Yes Farmer Yes Ingram Yes Miller Yes Scearce Yes Warren Yes ADJOURNMENT Warren adjourned the Meeting at 6:44 PM. 7.a.b Packet Pg. 11 Attachment: 01-19-2021 Work Session - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) January 19, 2021 Business Meeting PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held on January 19, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Warren Called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were in attendance: Attendee Name Title Status Arrived Warren Chairman; Chatham Blairs District Present 6:50 PM Scearce Vice-Chairman; Westover District Present 6:45 PM Davis Supervisor; Dan River District Present 6:50 PM Dudley Supervisor; Staunton River District Present 6:54 PM Farmer Supervisor; Callands-Gretna District Present 6:51 PM Ingram Supervisor; Tunstall District Present 6:45 PM Miller Supervisor; Banister District Present 6:50 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Consent Agenda: 1. FFRCA Extended Leave Interim Policy Approval 2. Project Impala LPA Approval 3. Revise Legislative Priorities to include School Language as was discussed at the earlier Work Session RESULT: ADOPTED [UNANIMOUS] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda with revisions. 7.a.c Packet Pg. 12 Attachment: 01-19-2021 Business Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda with the presented changes. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Bill List Approval (December 2020; online); (Staff Contact: Kimberly G. Van Der Hyde) c. Mid-Year Budget Appropriations (Staff Contact: Kimberly G. Van Der Hyde) d. Personnel Manual Revisions Adoption (Staff Contact: Holly E. Stanfield) e. 22021 Legislative Priorities Approval (Staff Contact: David M. Smitherman) f. Danville Community College Educational Foundation Cares Money Change in Scope/Expenditure Approval (Staff Contact: David M. Smitherman) g. FFRCA Extended Leave Interim Policy h. Project Impala LPA Approval HEARING OF THE CITIZENS Donny Boswell, Westover District, spoke on behalf of five (5) families that live on Bachelor Hall Road regarding a proposed Resolution. He stated that on December 16, 2020, Ray Rozado sent an email to property owners of State Route 1055 regarding modifications to the road to extend and connect to the proposed connector road. The Board adopted Resolution # 2020-09- 03 supporting the design changes. He stated he wished for a cul-de-sac be installed at the end of the road and the road not be connected to the connector road. They were never notified that the Board would have the final say in this decision, and if they had been notified, they would have been present and voiced their concerns at the September 15, 2020, Meeting. He stated his disappointment in this process as it relates to the quality of their road. He provided a signed letter from the six (6) property owners and a letter to Hunt. He requested the Board to reconsider the Resolution and the cul-de-sac. Will Pace, Mayor of Town of Chatham and citizen of Chatham-Blairs District, spoke regarding his disappointment to those who spoke out in opposition regarding the Roy P. Byrd Bridge naming. He does support the naming of the Clyde Banks Bridge, but was saddened of the way it 7.a.c Packet Pg. 13 Attachment: 01-19-2021 Business Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Business Meeting was handled. Anita Royston, on behalf of WKBY Radio, wanted to thank Caleb Ayers for his radio piece. She stated he has upped their listeners and it was a brilliant idea to have this piece. UNFINISHED BUSINESS a. Landfill Equipment Purchasing Bid Award Approval (Staff Contact: Richard N. Hicks) Hicks stated that recently the Board authorized the purchase of a larger trash compactor for the County Landfill based on Carter Machinery’s related proposal. County Staff developed a set of specifications for a Request for Proposals (“RFP”) a completely rebuilt compactor comparable to a Caterpillar 836. The County received seven (7) RFP responses. In evaluating said responses, Carter Machinery’s response and Marcel Equipment’s #2 proposal were the lowest cost and the most comparable to the requested machine. It appears that Carter Machinery has the best short- term warranty, but their cost is $70,418 higher. Marcel Equipment is a Canada Company, purchased the County’s old compactor that was destroyed in the fire a few years ago. Their bid priced includes delivery to the County Landfill. Marcel Equipment provides a CAT Machine Component Rebuild Warranty. The major CAT components would be covered under the warranty and could be performed by the local CAT Dealer. The County currently has a maintenance contract with Carter Machinery to maintain all its major Landfill equipment. The County has no history with the other manufacturers and would be concerned with maintenance response time. There was discussion regarding seeking to see if the County could get a new model for a small difference in price, due to the amount of hours on the lower cost machine. Motion to allow County Staff to purchase a compactor from Marcel Equipment not to exceed the higher price. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller NEW BUSINESS a. Resolution # 2021-01-01 (Support of Naming the Chatham South Bridge the "Clyde L Banks, Sr., Memorial Bridge") Resolution Adoption (Contact: Supervisor Miller) Miller stated Mr. Fitzgerald has been very active in lobbying for recognition of Clyde L. Banks, Sr. Miller proposed to name the South Chatham Bridge the Clyde L. Banks, Sr. Memorial Bridge. Clyde L. Banks, Sr., a former Chatham resident and a respected civil rights and community leader, died on June 7, 2008. Miller desires for the Board to adopt Resolution #2021- 01-01, attached, supporting naming the Chatham South Bridge the “Clyde L. Banks, Sr., Memorial Bridge.” 7.a.c Packet Pg. 14 Attachment: 01-19-2021 Business Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Business Meeting Motion to adopt Resolution # 2021-01-01 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPOINTMENTS a. Appointment: IDA (Staunton River District); (Contact: Supervisor Dudley) Motion to appoint Tim Reynolds to serve as the IDA’s Staunton River District Representative for a term beginning January 20, 2021, and ending January 20, 2025. RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Appointment: Ratification of TLAC's Election of its Leesville Lake Associate Representative (Dave Rives); (Staff Contact: Kaylyn M. McCluster) Motion to ratify TLAC’s appointment of Mr. Rives as its Leesville Lake Association Representative for a one (1) year term beginning February 1, 2021, and ending January 31, 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Faremer SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller c. Appointment: TLAC Citizen Representative (Emily Ragsdale); (Contact: Supervisor Farmer) Motion to appoint Emily S. Ragsdale as the TLAC Citizen Representative for a term beginning February 1, 2021, and ending February 1, 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller d. Appointments: Fire and Rescue Commission (Staff Contact: Christopher C. Slemp) Motion to reappoint Chuck Angier as the FRC’s Northwest Quadrant citizen representative, to reappoint Tim Duffer as the FRC’s Southeast Quadrant firefighter representative, and to appoint Kermit King as the FRC’s Northeast Quadrant firefighter representative, all for four (4) year terms beginning January 19, 2021, and ending January 19, 2025. 7.a.c Packet Pg. 15 Attachment: 01-19-2021 Business Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller e. BZA Appointment Judicial Recommendations (Staff Contact: Kaylyn M. McCluster) Motion to recommend to Judge Moreau the following BZA reappointments/appointments: (1) Joseph A. Craddock; (2) R. Alan Easley; (3) Ryland Brumfield; and (4) Herschel Stone. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller MATTERS FROM WORK SESSION (IF ANY) Motion to approve the following items as presented in the Work Session: 1. Landfill Solar Lease Award to AC Power, New York 2. Shell Building VRA Borrowing Resolution and Related Documents Approval 3. Revised Hurt EMS Building Project Construction Bid Award to Daniel Builders, LLC 4. Authorization to Apply for Federal Funds for Cherrystone and Roaring Fork Dam Projects Approval RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS • Ingram spoke on the Volunteer of the Week, Lee Barker, and thanked the volunteer fire and rescue individuals. He also recognized George and Jackie Henderson on their anniversary. He congratulated Trooper Joseph Worley, and thanked Ryan Haygood of VDOT for stopping and helped get pig out of the road. He also remembered Tommy Pruitt and his family, as he died unexpectedly last week. • Miller stated he is a lifelong resident of Pittsylvania County. He has seen the Board all his life, and in this first term of being a part of the Board, he absolutely honors and appreciates the men who serve on the Board with him and there has never been an instance in which the Board has shown its courtesy, love, and respect, to the County African American community like they have tonight. Not only the Board, but the County Administrator and the County Attorney as well. Everyone worked together to bring this night to historical fruition. He also mentioned Greg Harrison, Attorney, and Chairman of 7.a.c Packet Pg. 16 Attachment: 01-19-2021 Business Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 19, 2021 Business Meeting the Board of Directors of Pittsylvania County Community Action Agency, as his father recently died and asked for condolences for his family. • Davis thanked Staff for their hard work over the last year. He also thanked each Board member for their work as well. • Scearce applauded the Governor's comments on the opening of the school system and stated he would like the mask mandate to be gotten rid of. He urged citizens to contact the Governor to reopen the State and asked for prayers for our nation. • Warren stated he thinks it is great to do the employee and volunteer of the month and he is thankful the County has the Public Relations position and is also thankful for the future visions of the Board Members and for working together. He is proud of County Staff for being smart with COVID relief money purchases. There were laptops for schools bought, there was money sent to DCC to help with tuition, there were laptops put in the Sheriff vehicles, and many other things to better help the citizens of the County. He also asked for everyone to remember the Waller family. COUNTY ADMINISTRATOR REPORTS Smitherman stated the Board Meeting Room is the result of utilizing the COVID funds. Soon the new Elections and Training Center will be available and was also used with COVID funds. We have a new partnership with pilots in Maine for Pet Center, and this relieves us of dozens of cats at a time. Condolences to the family of Mike Waller, a sixteen (16)-year employee of the County. ADJOURNMENT Warren adjourned the Meeting at 8:07 PM. 7.a.c Packet Pg. 17 Attachment: 01-19-2021 Business Meeting - DRAFT (2345 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: February 16, 2021 Item Number: 7.b Attachment(s): Reviewed By: SUMMARY At each of the Board’s Business Meetings, the County’s Auditors recommend the Board review payments made by the County as oversight of County Fund expenditures. Said Bill List is found at the below attached link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=397870&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE Not applicable. RECOMMENDATION County Staff recommends the Board approve the County’s 2021 February Bill List as presented. MOTION “I make a Motion to approve the County’s 2021 February Bill List as presented.” 7.b Packet Pg. 18 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 16, 2021 Item Number: 7.c Attachment(s): BOS Bylaws 2021 Reviewed By: SUMMARY: For the Board’s review and consideration, attached are proposed revised Board Bylaws. Said revisions are indicated in red and involve a suggestion to do Board appointments under the Consent Agenda, edit to Meeting Seating Section due to not having a “rail” in the new Meeting Room, and removal of old locations for the Board’s Work Session and Business Meeting. Notice has been provided in previous Board Friday Updates in compliance with Board Bylaws Section 7.1. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt the attached revised Board Bylaws are presented. MOTION: “I make a Motion to adopt the attached revised Board Bylaws as presented.” 7.c Packet Pg. 19 Page 1 of 8 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BYLAWS AND RULES OF PROCEDURE (B.S.M. 2/02/04, 4/15/08, 2/02/09, 2/01/10, 4/20/10, 9/20/11, 6/19/12, 2/4/13, 7/01/13, 10/06/14, 11/03/14, 6/06/16, 2/6/17, 3/20/18, 1/03/19, 3/17/20, 05/19/20) PURPOSE. To establish and set forth certain rules to provide for the orderly conduct of Pittsylvania County, Virginia (“County”), business, to prescribe the manner and procedure by which the Pittsylvania County Board of Supervisors (“Board of Supervisors” or “Board”) shall conduct matters of business, and to provide for the efficient handling thereof. ARTICLE I. BOARD OFFICER ELECTION, COMPOSITION, FUNCTION, COMPENSATION, AND BENEFITS. 1.1. Board Composition. The Board shall be composed of seven (7) members who shall be elected by the qualified voters of the County for four (4)-year terms; one (1) member shall be elected from each of the seven (7) election districts. Pursuant to § 24.2-219, Code of Virginia, 1950, as amended, beginning with the November 2015 General Election, the Board was elected to staggered terms as follows: the voters in the Banister, Callands-Gretna, and Dan River Election Districts shall elect a member of the Board for a two (2)-year term, and the voters in the Chatham- Blairs, Staunton River, Tunstall, and Westover Election Districts shall elect a member of the Board for a four (4)-year term. At the November 2017 General Election, the voters in the three (3) Election Districts in which a Supervisor was elected for a two (2)-year term, elected a Supervisor for a four (4)-year term, and thereafter elections for all Supervisors are held on a biennial basis for four (4)-year terms. 1.2. Chairman; Election and Duties. At the Regular Board Meeting in January each year (“Reorganizational Meeting”), or at any other time as determined by a majority of the Board, there shall be elected a Chairman to serve for a period of one (1) year expiring on December 31st, or until replaced by Board Membership. The County Administrator, serving as temporary Chairman, shall take nominations. Nominations require a second, and the vote will be taken in the order the nominations are made. A majority vote is required. It shall be the Chairman’s duty to preside at all Board meetings, and to maintain the orderly conduct thereof. He/she shall sign all voucher warrants of the County; and when the Board is not in session, he/she shall provide policy guidance to the County Administrator and the County Attorney. The Chairman shall continue to be a voting member of the Board. The Chairman, with guidance from County Staff and consultation with other Board Members, can authorize the advertisement and conducting of Public Hearings. 1.3. Vice-Chairman; Election and Duties. The Board shall also elect a Vice-Chairman to serve a concurrent term with the Chairman. In the absence or incapacity of the Chairman, the Vice- Chairman shall assume all the duties and functions of the Chairman. In the case where the Chairman and Vice-Chairman are absent from a Meeting, the remaining Members present shall choose one (1) of their number as temporary Chairman. 7.c.a Packet Pg. 20 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Page 2 of 8 1.4. Board Function. The Board shall have both administrative and legislative responsibilities, some of which shall be discharged in their role as governing body, and some of which they derive as an administrative political subdivision of the Commonwealth. The powers and duties of the Board shall include, but not be limited to, the following: preparation and adoption of the County Budget, levying of taxes, appropriating funds, constructing and maintaining County buildings, making and enforcing Ordinances, providing for the general health, safety, and welfare of the public, and generally exercising all other powers and functions normally attributed to government and permitted by the laws of the Commonwealth. 1.5. Board Compensation. Board compensation shall be governed by §§ 15.2-1406, 15.2- 1414.1, 15.2-1414.2, and/or 15.2-1414.3, Code of Virginia, 1950, as amended. 1.6. Board Benefits. Board benefits shall be governed by governed by §§ 15.2-1414.2 and/or 15.2-1414.3, Code of Virginia, 1950, as amended. Board benefits shall include all applicable fringe benefits available to other County employees, including health and dental insurance. Upon receipt of an itemized report by the Deputy Clerk, Board Members shall be reimbursed up to $350.00 monthly for in-County travel while performing official duties related to their office. Board Members shall not receive dedicated internet service at their residence. Upon County separation, Board Members shall be able to purchase their assigned County-owned electronic devices for fair market value. ARTICLE II. MEETINGS. 2.1. Regular Meetings. The Board shall meet regularly on the third (3rd) Tuesday of each month in the County Administration Building, Main Conference Room, and at 4:30 p.m. for a Work Session and at 7:00 p.m. for a Business Meeting in the Pittsylvania County General District Courtroom for the purpose of discharging their administrative and legislative responsibilities. The location of the Work Session and Business Meeting shall be determined at the Board’s Reorganizational Meeting or identified in the Notice of the same. The Board shall also be authorized to set other dates for Regular Meetings, and all other Meetings, at the Reorganizational Meeting, or at any other appropriate time(s). 2.2. Parliamentary Procedure. All such Meetings shall be open to the public and shall be conducted in an orderly fashion with the most recent edition of Robert’s Rules of Order being used for parliamentary procedure. 2.3. Sergeant of Arms. The County’s Sheriff, or his/her designee, shall act as “Sergeant of Arms” at all Board Meetings, and shall, when so directed by the Chairman, expel any person or persons from such Meetings. 2.4. Meeting Seating. For the purpose of address and order, the Board and County Staff shall sit in front of the “public rail” in the Courtroom, and all other persons shall sit behind the “public rail.” The Chairman shall sit in the middle of the dais, and all other seats shall be selected by Board Members based on longevity of Board membership. 7.c.a Packet Pg. 21 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Page 3 of 8 2.5. Agendas. Agendas shall be prepared by the Clerk and used at all Meetings. All items requested to be placed on the Agenda shall be submitted in writing to the Clerk, or his/her designee, ten (10) working days before the Meeting; however, Board Members may make oral requests. Any items received after that time shall appear on the next Regular Meeting Agenda, unless a majority of the Board present vote to place such items on the current Agenda. 2.6. Meeting Order. The Meeting Order of all the Board’s Work Sessions and Business Meetings shall be as follows: Work Session Meeting Order: Call to Order (4:30 p.m.; County Administration Building; Main Conference Room) Roll Call Agenda Items to be Added Approval of Agenda Presentations Staff, Committee, and/or Constitutional Officer Reports Business Meeting Discussion Items Closed Session (if any) Return to Open Session and Closed Session Certification (if required) Adjournment Business Meeting Order: Call to Order (7:00 p.m.; Pittsylvania County General District Courtroom) Roll Call Moment of Silence Pledge of Allegiance Agenda Items to be Added Approval of Agenda Consent Agenda Presentations Hearing of the Citizens Public Hearings A. Zoning Public Hearings B. Other Public Hearings Unfinished Business New Business Appointments Matters from Work Session (if any) Board Member Reports County Administrator/County Attorney Reports Adjournment 7.c.a Packet Pg. 22 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Page 4 of 8 2.7. Presentations. All presentations to the Board shall be limited to a maximum of ten (10) minutes. 2.8. Appointments. All non-Chairman appointments to boards, committees, and other entities shall occur during the Board’s Business Meeting’s Consent Agenda Section, unless a Board Member, following a second and an affirmative majority vote, removes the same to the Board’s New Business Agenda Section for more discussion and/or potential action. 2.98. Recognitions. The particular method of recognition (i.e., Certificate, Resolution, and/or plaque) shall be governed by the Board’s Policy on Recognitions formally adopted on October 15, 2019 and made a part hereof. 2.109. Public Hearings. All Public Hearings on Business Meetings shall be conducted as follows: 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. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a Board Member, without first being recognized by the Chairman. No question shall be asked a Board Member except through the Chairman. 2.110. Hearing of the Citizens. All Hearing of the Citizens on Business Meetings shall be conducted as follows: Each person addressing the Board under Hearing of the Citizens shall be a resident or landowner of the County, or the registered agent of such resident or landowner. Each person shall step up, give his/her name and district 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. 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. 2.121. Special Meetings. The Board may from time-to-time hold special, called, adjourned, and/or informational meetings in accordance with the laws of the Commonwealth. 2.132. Motions/Resolutions. Each oral Motion or Resolution shall be recorded by the Deputy Clerk and may be read back to the whole Board by the Deputy Clerk, if so requested, before any vote is taken. 2.143. Board Member Reports. Board Member Reports shall be used for individual Board Members to share information with other Board Members and/or the public. No official action may take place during Board Member Reports. 7.c.a Packet Pg. 23 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Page 5 of 8 2.154. Closed Meetings. Closed Meetings of the Board shall be requested in the same manner as prescribed in Section 2.5 or added as allowed by the Virginia Freedom of Information Act. 2.165. Quorum and Method of Voting. At any Board Meeting, a majority of the Supervisors present shall constitute a quorum. A majority of the Board shall mean four (4). All questions submitted to the Board for decision shall be determined by a viva voce vote or approved electronic voting method of a majority of the Board present voting on any such question, unless otherwise provided by law. The name of each Member voting and how he/she voted must be recorded. The Board has elected not to have a tie breaker as provided for by the Code of Virginia, and a tie vote on any Motion shall be considered defeated as provided for in § 15.2-1420, Code of Virginia, 1950, as amended. Each Board Member present when a question is put shall vote “yes” or “no.” No Board Member shall be excused from voting, except on matters involving the consideration of his/her own official conduct, where his/her own financial interests are involved, or where he/she may have a conflict of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act. 2.176. Roll Call Procedure. (1) Board Members shall either cast votes in District order on a rotating basis, or simultaneously if using an approved electronic voting method. (2) The Board Chairman shall cast the last vote, unless using an approved electronic voting method. 2.187. Remote Participation in Board Meeting. As authorized by § 2.2-3708.2, Code of Virginia, 1950, as amended, the Board shall allow the participation of Board Members in a Meeting through electronic communication means from a remote location that is not open to the public subject to complying with all parts of the following written policy: 1. On or before the day of a Meeting, the Supervisor shall notify the Board Chairman that the Supervisor is unable to attend the meeting due a personal matter, and the Supervisor shall identify with specificity the nature of the personal matter, or the Supervisor shall notify the Board Chairman that the Supervisor is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the Supervisor’s physical attendance. The Board shall record the specific nature of the personal matter or fact of temporary or permanent disability, and the remote location from which the absent Supervisor participated in its minutes. 2. If the absent Supervisor’s remote participation is disapproved, because such participation would violate the strict and uniform application of this written policy, such disapproval shall be recorded in the Board’s Minutes. 3. Such participation by the absent Supervisor shall be limited in each calendar year to two (2) meetings. 7.c.a Packet Pg. 24 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Page 6 of 8 4. A quorum of the Board shall be physically assembled at the primary or central meeting location. 5. The Board shall arrange for the voice of the absent Supervisor to be heard by all persons in attendance at the primary or central meeting location. ARTICLE III. COUNTY ADMINISTRATOR. 3.1. The Board may appoint a County Administrator who shall serve at the pleasure of the Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of the County and shall perform his/her duties in accordance with the laws of the Commonwealth and the policies of the County as established by the Board for that purpose. ARTICLE IV. BOARD COMMITTEES. 4.1. The Board Standing Committees shall be as follows: (a) Finance/Insurance: To aid and advise in the preparation on the County Budget and make recommendations concerning Fiscal Policy. (b) Personnel: To review policies and practices and make recommendations regarding the same. (c) Property/Building: To view buildings and grounds and make recommendations regarding the same. (d) Legislative Committee: The Legislative Committee, in collaboration with the County Attorney, shall review, propose changes, and maintain current revisions to the Board of Supervisors’ Bylaws and Rules of Procedure; review, propose changes, and maintain current revisions to the Pittsylvania County Board of Supervisors Policies and Procedures Manual; and review, propose changes, set public hearings for any proposed changes, and maintain current revisions to the Pittsylvania County Code. 4.2. At the Board’s Reorganizational Meeting, or at any other appropriate time(s), membership to the above-Standing Committees and the following entities shall be appointed by the Board Chairman for a specific term of office as determined by the Chairman: (a) Computer/Radio/Telecommunications (b) BOS/School Joint Liaison (c) Economic Development (d) Solid Waste (e) Dan River Business Development Center (f) Danville-Pittsylvania Regional Facility Authority (g) Fire and Rescue Commission (h) Local Elected Officials (i) Metropolitan Planning Organization (j) Pittsylvania County Community Action Agency (k) Pittsylvania County Planning Commission 7.c.a Packet Pg. 25 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Page 7 of 8 (l) Roanoke River Basin Association (m) SARA Title III/D-PC Local Emergency Planning (n) Pittsylvania County Social Services Board (o) Virginia Association of Counties Committee (p) West Piedmont Planning District Commission (q) Community Policy Management Team (r) Staunton River Regional Facility Authority (s) Tri-County Lake Advisory Committee 4.3. The Board may, from time-to-time, direct that the Board Chairman appoint other committees for a specific purpose with a limited duration. 4.4. The Board Chairman shall be authorized to temporarily participate, including voting, in any committee for the purpose of creating a quorum. 4.5. The Board and/or Board Chairman shall be authorized, to the extent allowed by law, to remove any of its/his appointee(s) to any committee or other entity. 4.6. The Board shall strive to require all potential committee or other entity appointees to submit a letter of interest, resume, and/or application prior to appointment. 4.7. The Board shall strive to create a uniform stipend policy for all appointed committees and other entities. ARTICLE V. CERTAIN ORDINANCES AND RESOLUTIONS TO LIE OVER. 5.1. No Ordinance or Resolution imposing taxes or appropriating money from General Fund balances, not included in the adopted Budget, in excess of $50,000, shall be passed until after ten (10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal, or other funds not in the current General Fund balances. ARTICLE VI. RECORDATION OF ORDINANCES AND RESOLUTIONS. 6.1. Every Resolution upon its final passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Chairman and the County Administrator. 6.2. Every Resolution shall be authenticated and recorded in the same manner as in 6.1- above. 6.3. Every Motion appropriating funds or adopting an Ordinance shall be by Roll Call vote. 6.4. Every Ordinance passed by the Board shall be incorporated into the Pittsylvania County Code. ARTICLE VII. AMENDMENTS AND ADOPTIONS. 7.c.a Packet Pg. 26 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Page 8 of 8 7.1. Amendments to these Bylaws and Rules of Procedure may be made at any Board Meeting by a majority vote of the Board present, after a notice of intent to amend has been given to each Board member not less than ten (10) days prior to such Meeting. 7.2. Adoption of the Bylaws and Rules of Procedures shall be by simple majority vote of the Board present and shall be in force and effect on the day after their passage. 7.c.a Packet Pg. 27 Attachment: BOS Bylaws 2021 (2352 : BOS Bylaws Revisions Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Letter of Support for HB 2322/SB 1469 (Creation of Opioid Abatement Authorize )Transmittal Authorize (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 16, 2021 Item Number: 7.d Attachment(s): 02-16-2021 Letter of Support for HB 2322-SB 1469 Opioid Abatement Authority Reviewed By: SUMMARY: House Bill (“HB”) 2322/Senate Bill (“SB”) 1469 would establish the Opioid Abatement Authority to ensure the fair and orderly distribution of opioid litigation recoveries to local and state governments. The introduction of this legislation is the culmination of many months of discussion between local governments and the Office of the Attorney General (“OAG”) on how best to allocate any settlement funds received through the ongoing parallel litigation efforts of state and local governments to recover costs associated with opioid addiction. Throughout these negotiations, local governments have urged the position that a significant portion of any funds recovered should flow back to localities who have borne the brunt of the opioid addiction problem. The above-referenced legislation is the product of a healthy give and take between the OAG and representatives of local government, and it strikes a delicate balance between the interests of both state and local government in maximizing the impact of funding for the treatment, prevention and reduction of opioid use and misuse. This legislation as an example of how state and local governments can work together to combat a terrible problem for the benefit of all. For the Board’s review and consideration, attached is a letter in support of HB 2322/SB 1469 proposed to be sent to the County’s legislators. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board authorize the submission of the attached letter in support of HB 2322/SB 1469 to the County’s legislators as presented. MOTION: “I make a Motion authorizing the submission of the attached letter in support of HB 2322/SB 1469 to the County’s legislators as presented.” 7.d Packet Pg. 28 COUNTY ADMINISTRATION P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-7710 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. February 16, 2021 VIA U.S. MAIL & EMAIL __________________ __________________ Re: Support HB 2322/SB 1469 Dear _________: On behalf of the citizens of Pittsylvania County, we write you to express our strong support for House Bill 2322/Senate Bill 1469 which would establish the Opioid Abatement Authority to ensure the fair and orderly distribution of opioid litigation recoveries to local and state governments. The introduction of this legislation is the culmination of many months of discussion between local governments and the Office of the Attorney General (“OAG”) on how best to allocate any settlement funds received through the ongoing parallel litigation efforts of state and local governments to recover costs associated with opioid addiction. Throughout these negotiations, local governments have urged the position that a significant portion of any funds recovered should flow back to localities who have borne the brunt of the opioid addiction problem. The above-referenced legislation is the product of a healthy give and take between the OAG and representatives of local government, and it strikes a delicate balance between the interests of both state and local government in maximizing the impact of funding for the treatment, prevention and reduction of opioid use and misuse. We strongly request your support for this legislation as an example of how state and local governments can work together to combat a terrible problem for the benefit of all. Thank you in advance for your support of this important piece of legislation. Sincerely yours, Robert (“Bob”) W. Warren Chairman Pittsylvania County Board of Supervisors Cc: PCET (via email) Hon. PCBOS (via email) 7.d.a Packet Pg. 29 Attachment: 02-16-2021 Letter of Support for HB 2322-SB 1469 Opioid Abatement Authority (2348 : Letter of Support for HB 2322/SB 1469 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: 2021 Board Work Plan Approval (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: February 16, 2021 Item Number: 7.e Attachment(s): Reviewed By: SUMMARY: At its recent Strategic Planning Workshop, the Board adopted the following 2021 Work Plan. Said 2021 Work Plan will provide County Staff with the Board’s 2021 goals and objectives and allow the Board to easily ascertain County Staff performance regarding the same at year’s end. 2021 Work Plan 1. Establish a regional sports complex/park 2. Aggressively seek opportunities to generate additional revenue at the County Landfill 3. Complete there (3) new Convenience Centers 4. Establish a Water Line Extension Fund to offset citizen cost of receiving County water 5. Allow citizens to vote on one percent (1%) additional sales tax for school capital needs 6. Improve recruitment practices for qualified minority job applicants 7. Complete borrowing for Solid Waste Capital Improvement Plan 8. Create naming policy for publicly owned County facilities/assets 9. Continue to monitor DSS administration improvements FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt the above 2021 Work Plan as presented. MOTION: “I make a Motion to adopt the above 2021 Work Plan as presented.” 7.e Packet Pg. 30 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-02-01 (Resolution Rescinding Resolution # 2020-09-03 and Supporting New Disposition of S.R. 1055 (Bachelor Hall Farm Road) Relating to the Proposed S.R. 311 Berry Hill Connector Road Project) Adoption (Contact: Supervisor Scearce) Staff Contact(s): Supervisor Scearce Agenda Date: February 16, 2021 Item Number: 7.f Attachment(s): 2021-02-01 Bachelor's Hall Through Road VDOT Resolution Rescission Reviewed By: SUMMARY On August 4, 2020, the Virginia Department of Transportation (“VDOT”) held a Virtual Design Public Hearing (“Public Hearing”) for the disposition of S.R. 1055 (Bachelor Hall Farm Road) relating to the proposed S.R. 311 Berry Hill Connector Road Project (“Project”). Following said Public Hearing, due to the mixed comments received therein, VDOT requested the Board formally adopt recommendations regarding the Project. On September 15, 2020, the Board adopted Resolution # 2020-09-03 recommending that the major design features of the Project be approved as presented in the Public Hearing with the following modification incorporated in the Project’s final design phase: S.R. 1055 (Bachelor Hall Farm Road) shall be extended to connect to the proposed S.R. 311 Berry Hill Connector Road. Subsequent to the adoption of Resolution # 2020-09-03, the Board was made aware of new information and concerns from affected citizens, causing the Board to reconsider its previous position concerning the disposition of S.R. 1055 (Bachelor Hall Farm Road) relating to the proposed S.R. 311 Berry Hill Connector Road. Due to new information and concerns from affected citizens, the Board has determined to formally rescind its previously adopted Resolution # 2020-09-03 and recommends to VDOT that S.R. 1055 (Bachelor Hall Farm Road) should not be connected to the newly proposed S.R. 311 Berry Hill Connector Road, but should be a dead end instead. For the Board’s review and consideration, attached is Resolution # 2021-02-01 evincing the same. FINANCIAL SOURCE/FISCAL IMPACT None. RECOMMENDATION County Staff recommends the Board approve Resolution # 2021-02-01 as presented. MOTION “I make a Motion to approve Resolution # 2021-02-01 as presented.” 7.f Packet Pg. 31 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2021-02-01 ______________________________________________________________________________ RESOLUTION RESCINDING RESOLUTION # 2020-09-03 AND SUPPORTING NEW DISPOSITION OF S.R. 1055 (BACHELOR HALL FARM ROAD) RELATING TO THE PROPOSED S.R. 311 BERRY HILL CONNECTOR ROAD PROJECT ______________________________________________________________________________ VIRGINIA: At a Regular Meeting of the Pittsylvania County Board of Supervisors (“Board”) on Tuesday, February 16, 2021, the following Resolution was presented and adopted: WHEREAS, on August 4, 2020, the Virginia Department of Transportation (“VDOT”) held a Virtual Design Public Hearing (“Public Hearing”) for the disposition of S.R. 1055 (Bachelor Farm Road) relating to the proposed S.R. 311 Berry Hill Connector Road Project (“Project”); and WHEREAS, following said Public Hearing, due to the mixed comments received therein, VDOT requested the Board formally adopt recommendations regarding the Project; and WHEREAS, on September 15, 2020, the Board adopted Resolution # 2020-09-03 recommending that the major design features of the Project be approved as presented in the Public Hearing with the following modification incorporated in the Project’s final design phase: S.R. 1055 (Bachelor Hall Farm Road) shall be extended to connect to the proposed S.R. 311 Berry Hill Connector Road; and WHEREAS, subsequent to the adoption of Resolution # 2020-09-03, the Board was made aware of new information and concerns from affected citizens, causing the Board to reconsider its previous position concerning the disposition of S.R. 1055 (Bachelor Hall Farm Road) relating to the proposed S.R. 311 Berry Hill Connector Road. NOW, THEREFORE, BE IT HEREBY RESOLVED, due to new information and concerns from affected citizens, the Board formally rescinds its previously adopted Resolution # 2020-09-03 and recommends to VDOT that S.R. 1055 (Bachelor Hall Farm Road) should not be connected to the newly proposed S.R. 311 Berry Hill Connector Road, but should be a dead end instead; and BE IT FINALLY RESOLVED that a copy of this Resolution be forwarded to VDOT. Given under my hand this 16th day of February, 2020. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ATTEST: 7.f.a Packet Pg. 32 Attachment: 2021-02-01 Bachelor's Hall Through Road VDOT Resolution Rescission (2357 : Resolution # 2021-02-01 (Resolution Rescinding __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors VOTE Joe B. Davis Yes/No William (“Vic”) Ingram Yes/No Charles H. Miller, Jr. Yes/No Robert (“Bob”) W. Warren Yes/No Ronald S. Scearce Yes/No Ben L. Farmer Yes/No Tim W. Dudley Yes/No Ayes __ Nays __ Abstentions __ 7.f.a Packet Pg. 33 Attachment: 2021-02-01 Bachelor's Hall Through Road VDOT Resolution Rescission (2357 : Resolution # 2021-02-01 (Resolution Rescinding Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: FRC Recommended Equipment and Apparatus Uniform CIP Standards Adoption (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: February 16, 2021 Item Number: 7.g Attachment(s): Reviewed By: SUMMARY: The below Equipment and Apparatus Uniform CIP Standards were unanimously recommended for adoption by the County’s Fire and Rescue Commission at their January Meeting. Said Standards are proposed to be required to be followed by County volunteer Fire/EMS Agencies when they purchase apparatus and equipment using County CIP Funds. Fire Engine/Pumper Minimum of 1250-gpm pump Minimum 1000-water tank Minimum of a 3-person cab Meets current NFPA standards for storage and hose capacity. 4000-watt light tower Fire Tanker/Tender Minimum of 1000-gpm pump Minimum of 2000-gallon tank Quick water discharge Meets current NFPA standard for water Brush Truck Minimum 1-ton chassis Minimum 250-gpm pump Minimum 250-gallon tank FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt the above Equipment and Apparatus Uniform CIP Standards as presented. 7.g Packet Pg. 34 MOTION: “I make a Motion to adopt the above Equipment and Apparatus Uniform CIP Standards as presented.” 7.g Packet Pg. 35 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using County Tax Exemption Financing) Adoption (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: February 16, 2021 Item Number: 7.h Attachment(s): Approval 501 C-3 Declaration Newspaper Ad Receipt 2021-02-02 Blairs Tax Exempt Minutes Sign-up Public Hearing Reviewed By: SUMMARY The Federal Government, via the Internal Revenue Service (“IRS”), grants local governments up to ten million dollars ($10,000,000) annually in Tax-Exempt Bonds (“TEB”) for financing public needs. Blairs Fire and Rescue (“Blairs”) desires to utilize up to, but not exceeding, $430,000.00 of the County’s TEB financing capacity for the purchase of one (1) 2012 Pierce Arrow XT 100- foot ladder truck. For the Board’s review and consideration, attached is Resolution # 2021-02-02 and other documentation supporting Blairs’ related request. FINANCIAL IMPACT AND FUNDING SOURCE None. RECOMMENDATION Subject to legal review by Blairs’ attorney, County Staff recommends the Board adopt attached Resolution # 2021-02-02 as presented. MOTION “I make a Motion to adopt attached Resolution # 2021-02-02 as presented.” 7.h Packet Pg. 36 7.h.a Packet Pg. 37 Attachment: Approval (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using County) 7.h.b Packet Pg. 38 Attachment: 501 C-3 Declaration (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using County) 7.h.b Packet Pg. 39 Attachment: 501 C-3 Declaration (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using County) 7.h.c Packet Pg. 40 Attachment: Newspaper Ad Receipt (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using 7.h.c Packet Pg. 41 Attachment: Newspaper Ad Receipt (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using 7.h.c Packet Pg. 42 Attachment: Newspaper Ad Receipt (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Using PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2021-02-02 ______________________________________________________________________________ RESOLUTION SUPPORTING BLAIRS FIRE AND RESCUE’S UTILIZATION OF TAX-EXEMPT FINANCING ______________________________________________________________________________ VIRGINIA: At the Regular Meeting to the Pittsylvania County Board of Supervisors (“Board”) on Tuesday, February 16, 2021, the following Resolution was presented and adopted: WHEREAS, the Board, under the United States Internal Revenue (“IRS”) Code, receives a ten (10) million-dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, said tax-exempt bonds cover boards, agencies, and commissions serving under or at the Board’s authorization; and WHEREAS, Blairs Fire and Rescue (“Blairs”) is an authorized Volunteer Fire and Rescue Department identified in Pittsylvania County Code §§ 31-2.1 and 31.2a; thereby, authorizing it to participate in tax-exempt financing for equipment utilized by it for a public use; and WHEREAS, Blairs desires to utilize tax-exempt bonds in an amount not to exceed $430,000.00 to finance, for public purpose and use, the purchase of one (1) 2012 Pierce Arrow XT 100-foot ladder truck; and WHEREAS, Blairs held a Public Hearing on February 8, 2021, on the potential utilization of said tax-exempt financing, after legally publishing the notice as required by IRS Code. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board hereby approves Blairs’ utilization of tax-exempt bonds for financing in an amount not to exceed $430,000.00 to finance, for public purpose and use, the purchase of one (1) 2012 Pierce Arrow XT 100-foot ladder truck; and BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Blairs to supplement its financing requirements. Given under my hand this 16th day of February, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.h.d Packet Pg. 43 Attachment: 2021-02-02 Blairs Tax Exempt (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck 7.h.e Packet Pg. 44 Attachment: Minutes Sign-up Public Hearing (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck 7.h.e Packet Pg. 45 Attachment: Minutes Sign-up Public Hearing (2361 : Resolution # 2021-02-02 (Support for Blairs Fire Department's Purchase of Ladder Truck Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-02-03 (Resolution in Opposition to any Legislative Effort to Repeal/Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 16, 2021 Item Number: 7.i Attachment(s): 2021-02-03 Qualified Immunity Reviewed By: SUMMARY: Recently, bills have been proposed in the Virginia General Assembly to repeal or revise the judicial doctrine of Qualified Immunity for law enforcement officials. Said repeal/revision would, inter alia, have devastating effects on the County’s Budget, law enforcement recruitment and retention, and law enforcement effectiveness. Accordingly, for the Board’s review and consideration, attached in Resolution # 2021-02-03 (Resolution in Opposition to any Legislative Effort to Repeal or Revise the Judicial Doctrine of Qualified Immunity for Law Enforcement Officials). FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-02-03 as presented. MOTION: “I make a Motion to adopt Resolution # 2021-02-03 as presented.” 7.i Packet Pg. 46 PITTSYVLANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2021-02-03 ______________________________________________________________________________ A RESOLUTION IN OPPOSITION TO ANY LEGISLATIVE EFFORT TO REPEAL OR REVISE THE JUDICIAL DOCTRINE OF QUALIFIED IMMUNITY FOR LAW ENFORCEMENT OFFICIALS ______________________________________________________________________________ VIRGINIA: at the Regular Meeting of the Pittsylvania County Board of Supervisors (“Board”), held on February 16, 2021, the following Resolution was presented and adopted: WHEREAS, the Virginia General Assembly has considered the possible repeal or revision of the judicial doctrine of qualified immunity, and WHEREAS, qualified immunity protects law enforcement officials from frivolous, vengeful, and harassing lawsuits, while allowing full trial of any case with merit; and WHEREAS, any legislative repeal or revision of qualified immunity would manifestly harm law enforcement by putting law enforcement officers at constant risk of unjustified lawsuits for almost every action they take; and WHEREAS, any legislative repeal or revision of qualified immunity would require Pittsylvania County, Virginia (“County”), citizens to pay for the defense of any and every claim against law enforcement officials, no matter how frivolous or unjustified; and WHEREAS, repeal or revision would contribute to making law enforcement officials hesitate or refrain from becoming involved in some high-conflict situations, because of the fear of liability, even for actions taken in good faith, and such hesitation or restraint will jeopardize public safety; and WHEREAS, repeal or revision would make it harder to recruit and to retain the most highly qualified candidates for Deputy positions, because of the fear of repeated unjustified lawsuits; and WHEREAS, efforts at repeal or revision represent ill-advised prejudice against law enforcement men and women who put their lives on the line every day to protect public safety. NOW THEREFORE BE IT RESOLVED BY THE BOARD: 1. That the County opposes SB 1440 and HB 2045 and any future legislative repeal or revision of the judicial doctrine of qualified immunity and urges the County’s delegation to the General Assembly to oppose any such effort. 7.i.a Packet Pg. 47 Attachment: 2021-02-03 Qualified Immunity (2349 : Resolution # 2021-02-03 (Resolution in Opposition to any Legislative Effort to Repeal or 2. The Clerk shall provide an attested copy of this Resolution to all members of the County’s General Assembly delegation. Given under my hand this 16th day of February, 2021. ____________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ATTEST: ____________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors VOTE Joe B. Davis Yes/No William (“Vic”) Ingram Yes/No Charles H. Miller, Jr. Yes/No Robert (“Bob”) W. Warren Yes/No Ronald S. Scearce Yes/No Ben L. Farmer Yes/No Tim W. Dudley Yes/No Ayes __ Nays __ Abstentions __ 7.i.a Packet Pg. 48 Attachment: 2021-02-03 Qualified Immunity (2349 : Resolution # 2021-02-03 (Resolution in Opposition to any Legislative Effort to Repeal or Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Notice of Intent to Abandon a Portion of Ringgold Industrial Parkway (S.R. 1270) and Right-of-Way for Intertape Expansion Approval (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: February 16, 2021 Item Number: 7.j Attachment(s): IntertapePlat Reviewed By: SUMMARY For economic growth, development, and expansion, Interape has requested the Board support the potential abandonment of a portion of Ringgold Industrial Parkway (State Road 1270) by the Virginia Department of Transportation (“VDOT”). Per Virginia Code § 33.2-909, the procedure for the Board to abandon an existing road, or portion of a road, is as follows: (1) The Board must decide that no public necessity exists for the continuance of the public road; (2) After such an affirmative majority vote, the Board must send a formal notice of its intent to abandon the road to the VDOT Commissioner; (3) The Board must post notice in at least three (3) places on and along the road sought to be abandoned for at least thirty (30) days; (4) The Board must publish Notice of its intent to abandon the road in two (2) or more issues of a newspaper having general circulation in the County; (5) The Board must then wait thirty (30) days for any interested party to request a Public Hearing of or related to the road abandonment; and (6) If a request for a Public Hearing does not occur, the Board, within the four (4) months of the thirty (30) day posting period, must pass an Ordinance or Resolution requesting VDOT to abandon the road. Considering all the evidence, this Board is satisfied that a public necessity exists for the abandonment of the section of road, starting at the cul de sac on the southern end of Ringgold Industrial Parkway to 140.01 feet from the cul-de-sac stem in a northern direction encompassing a total area of 0.4982 acres as shown on the attached plat prepared by Dewberry Engineers. The Board further deems that said section of road no longer necessary as part of the Secondary System of State Highways. RECOMMENDATION 7.j Packet Pg. 49 County Staff recommends the Board determine that no public necessity exists for the continuance of the public road as delineated on the attached plat, and authorize posting and publishing a Notice of Intent to Abandon, including a willingness to hold a Public Hearing, and authorize the County Administrator to forward the required documentation to VDOT. MOTION “I make a Motion that no public necessity exists for the continuance of the public road as delineated on the attached plat, and authorize the posting and publishing a Notice of Intent to Abandon, including a willingness to hold a Public Hearing, and authorizing the County Administrator to forward the required documentation to VDOT.” 7.j Packet Pg. 50 RINGGOLD INDUSTRIAL PARKWAYN32°18'13"E7.49'N42°48'37"E93.06'N56°08'02"E60.01'Δ=029°26'19"N72°26'20"ECH.304.23A.307.61RAD598.69N32°18'13"E81.38'S33°01'01"E50.13'N70°05'42"E145.50'N33°01'01"W140.01'Δ=024°14'45"S65°22'19"WCH.230.65A.232.38RAD549.14S77°30'18"W449.75'S52°50'37"W63.16'S42°48'37"W84.07'S32°18'13"W79.64'S02°10'36"W104.80'S21°42'31"W14.13'S21°42'31"W74.80'S09°41'02"W102.35'N09°41'02"E112.76'N21°42'31"E98.83'50.00'VARIBLE WIDTHRIGHT-OF-WAY TOBE ABANDONED(0.4982 ACRES)VICINITY MAPSITEofFILE NO.SHEET NO.SEALSCALE:APPROVED BYCHECKED BYREVISIONSDRAWN BYDATEPROJECT NO.Dewberry Engineers Inc.551 PINEY FOREST ROADDANVILLE, VA 24540PHONE: 434.797.4497FAX: 434.797.4341PARTY CHIEFV7.j.aPacket Pg. 51Attachment: IntertapePlat (2346 : Notice of Intent to Abandon a Portion of Ringgold Industrial Parkway (S.R. 1270) and Right-of-Way fo) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Revised FY21 Volunteer CIP MOA Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: February 16, 2021 Item Number: 7.k Attachment(s): Amended FY21 Volunteer CIP MOA - draft Reviewed By: SUMMARY: In June 2020, the Board adopted a FY21 Volunteer CIP MOA that applies to CIP funding distributed to volunteer fire and rescue agencies. County Staff has determined a revision to said MOA is necessary to add language that a vehicle, largely funded by a volunteer agency and partially funded by the County, would remain in service at the department who purchased said vehicle, as long as they were in “good standing” as deemed by the County’s Fire and Rescue Commission. This language is consistent with the wording in the CARES funded ambulances MOA. For the Board’s review and consideration, a revised FY21 Volunteer CIP MOA is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the revised FY21 Volunteer CIP MOA as presented. MOTION: “I make a Motion to approve the revised FY21 Volunteer CIP MOA as presented.” 7.k Packet Pg. 52 Vehicle CIP Funds Memorandum of Agreement THIS AGREEMENT, made the __________________, by and between the Pittsylvania County Board of Supervisors, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the “Board”), party of the first part acting through its agent, the County Administrator; and the _________________________ (Entity receiving CIP funds) (hereinafter referred to as the “Receiving Entity”), party of the second part. WITNESSETH: WHEREAS, the Board of Supervisors provides capital improvement funds when available to support emergency service delivery countywide and to assist the volunteer and career fire and rescue entities within Pittsylvania County with demonstrated needs; and WHEREAS, these funds are requested through a collaborative capital improvement planning process consisting of volunteer fire and rescue entity representatives, Department of Public Safety staff representatives and Fire and Rescue Commission; and WHEREAS, the Pittsylvania County Department of Public Safety is responsible to manage and distribute the CIP funds regarding public safety purchases and will serve as the point of contact concerning these funds to the volunteer and career fire and rescue entity representatives; and WHEREAS, in order to sustain emergency response capabilities for Pittsylvania County and to provide equity, consistency and to protect the interests of all involved parties, this Memorandum of Agreement is entered into based on the following: 1. When applicable, the receiving entity will seek and apply for eligible grant funds for the purchase of said vehicle. Said grant funds, if awarded, shall be used to offset CIP fund investment in the base spec vehicle. Any unused CIP funds shall remain in the CIP. Any remaining grant funds over the cost of the base spec vehicle may be used for vehicle enhancements if allowed in accordance with the grant’s rules and procedures. 2. The County reserves the right to assume ownership of the vehicle purchased with county funds if the receiving entity ceases to provide services to Pittsylvania County for any reason and/or loses its ability to operate. The purpose for this contingency is for the ability to sustain emergency response capabilities within the county in the event of any unforeseen issue inhibits the ability of the entity to provide service to the community. 7.k.a Packet Pg. 53 Attachment: Amended FY21 Volunteer CIP MOA - draft (2363 : Revised FY21 Volunteer CIP MOA Approval (Staff Contact: Christopher C. 3. The receiving entity acknowledges that if the funds are being utilized to replace a current CIP funded vehicle that the receiving entity is to render such vehicle to the Department of Public Safety. This vehicle may be sold with generated funds being allocated back to the CIP or said vehicle may be re-assigned to another county agency or Public Safety entity within Pittsylvania County and/or retained as a reserve apparatus. The amount of funds allocated back to the CIP shall be consistent with the percentage vehicle total costs paid for by CIP funds, e.g. 50% of vehicle paid for by CIP then 50% of vehicle sale proceeds allocated for future CIP use with 50% returned to the agency turning in the vehicle. Any such co-funding split shall be documented via an addendum to this MOA. 4. The receiving entity acknowledges that no vehicle purchased with Pittsylvania County CIP funds may be sold, traded or disposed of without recommendation of the Department of Public Safety and the Pittsylvania County Fire and Rescue Commission with approval by the Board of Supervisors. Funds generated as a result of a sale are to be submitted to the Board of Supervisors (not to exceed the original amount given to the entity) for appropriation in to the CIP program. See item 3 for additional details. 5. The receiving entity agrees that minimum vehicle specifications / standards established by the Department of Safety through a collaborative process involving fire and rescue leadership along with Department of Public Safety staff with approval of the Public Safety Committee will be adhered to. 6. CIP funds will be distributed to the individual entity only after the entity submits an invoice for the vehicle and makes assurances that the vehicle will be housed in Pittsylvania County. 7. The receiving entity agrees that CIP Fund purchase procedures shall be consistent with county procurement policy and state procurement laws. It shall be the responsibility of the volunteer entity to maintain records demonstrating compliance with this requirement, which shall be provided to the Department of Public Safety upon request. 8. The County agrees to provide insurance coverage for said vehicles authorized for purchase within the CIP as long as funding is available, minimum specifications / standards are adhered to, the receiving entity agrees to, implements, and enforces Department of Public Safety established safety, driver, and response related policies and guidelines. 7.k.a Packet Pg. 54 Attachment: Amended FY21 Volunteer CIP MOA - draft (2363 : Revised FY21 Volunteer CIP MOA Approval (Staff Contact: Christopher C. 9. The receiving entity agrees that Department of Public Safety personnel will have access to said vehicle if needed and said vehicle can be used by Public Safety career personnel and members of Public Safety volunteer entities trained and authorized to do so by the Director of Public Safety in collaboration with volunteer the department’s fire chief/ rescue captain when exigent circumstances exist. In such situations, the volunteer entity leadership shall be notified as soon as practicable. This access is not intended to preclude the entity to maintain a normal established rotation of vehicles as part of their normal operating procedures. 9.10. If the Agency is in good standing with the County’s Fire and Rescue Commission and/or the Agreement is still valid and existing between the Parties, the vehicle will not be taken or removed from the Agency by the County without mutual, written consent. WITNESS the following signatures and seals, pursuant to due authority, all as of the day and year first written above. Pittsylvania County Board of Supervisors Volunteer Department By:___________________________ By:______________________________ Title: County Administrator Title:_____________________________ Witness: Witness: By:___________________________ By:______________________________ 7.k.a Packet Pg. 55 Attachment: Amended FY21 Volunteer CIP MOA - draft (2363 : Revised FY21 Volunteer CIP MOA Approval (Staff Contact: Christopher C. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia; Dan River Election District; R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to B-2, Business District, General (Supervisor Davis) Staff Contact(s): Emily Ragsdale Agenda Date: February 16, 2021 Item Number: 10.A.1 Attachment(s): City of Danville Application City of Danville Map Reviewed By: SUMMARY In Case R-21-001, the City of Danville, Virginia (“Petitioner”), has petitioned to rezone 0.50 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to B- 2, Business District, General (to consolidate with their adjacent parcel of land zoned B-2). The subject parcels are located on State Road 726/Kentuck Church Road. Once the property is rezoned to B-2, all uses listed under Pittsylvania County Code § 35-365 are permitted. On January 5, 2021, the Planning Commission recommended, with no opposition, that the Petitioner’s request be granted. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE None RECOMMENDATION County Staff recommends approval of Case R-21-001 requesting to rezone 0.50 acres, located on State Road 726/Kentuck Church Road in the Dan River Election District, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to B-2, Business District, General, to allow the properties to be consolidated with an adjacent parcel of land. The subject properties are adjacent to properties currently zoned B-2, Business District, General, and the rezoning would be consistent with the Comprehensive Plan. MOTION “In Case R-21-001, I make a Motion to approve the rezoning of the subject properties, 0.50 acres, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to B- 2, Business District, General, to allow the properties to be consolidated with the Petitioner’s adjacent parcel of land zoned B-2. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.1 Packet Pg. 56 10.A.1.a Packet Pg. 57 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.a Packet Pg. 58 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.a Packet Pg. 59 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.a Packet Pg. 60 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.a Packet Pg. 61 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.a Packet Pg. 62 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.a Packet Pg. 63 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.a Packet Pg. 64 Attachment: City of Danville Application (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) 10.A.1.b Packet Pg. 65 Attachment: City of Danville Map (2342 : Public Hearing: Rezoning Case R-21-001; City of Danville, Virginia) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-21-002; Sherry Scruggs; Tunstall Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Ingram) Staff Contact(s): Emily Ragsdale Agenda Date: February 16, 2021 Item Number: 10.A.2 Attachment(s): Sherry Scruggs Application Sherry Scruggs Map Reviewed By: SUMMARY In Case R-21-002, Sherry Scruggs (“Petitioner”) has petitioned to rezone 0.062 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to consolidate with an adjacent property zoned A-1). The subject parcel is located on State Road 851/Sugartree Church Road. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35- 178 are permitted. On January 5, 2021, the Planning Commission recommended, with no opposition, that the Petitioner’s request be granted. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE None. RECOMMENDATION County Staff recommends approval of Case R-21-002 requesting to rezone 0.062 acres, located on State Road 851/Sugartree Church Road in the Tunstall Election District, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent property zoned A-1. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. MOTION “In Case R-21-002, I make a Motion to approve the rezoning of the subject property, 0.062 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent property zoned A-1. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.2 Packet Pg. 66 10.A.2.a Packet Pg. 67 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.a Packet Pg. 68 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.a Packet Pg. 69 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.a Packet Pg. 70 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.a Packet Pg. 71 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.a Packet Pg. 72 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.a Packet Pg. 73 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.a Packet Pg. 74 Attachment: Sherry Scruggs Application (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) 10.A.2.b Packet Pg. 75 Attachment: Sherry Scruggs Map (2343 : Public Hearing: Rezoning Case R-21-002; Sherry Scruggs) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia; Callands-Gretna Election District; R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District (Supervisor Farmer) Staff Contact(s): Emily Ragsdale Agenda Date: February 16, 2021 Item Number: 10.A.3 Attachment(s): Town of Gretna Application Town of Gretna Map Reviewed By: SUMMARY In Case R-21-003, the Town of Gretna (“Petitioner”) has petitioned to rezone 63.44 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District (for a utility scale solar energy facility). The subject parcel is located off Highway 40/East Gretna Road. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On January 5, 2021, the Planning Commission recommended, with opposition, that the Petitioner’s request be granted. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION County Staff recommends approval of Case R-21-003 requesting to rezone 63.44 acres, located off Highway 40/East Gretna Road in the Callands-Gretna Election District, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District to allow for a utility scale solar energy facility. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the Comprehensive Plan. MOTION “In Case R-21-003, I make a Motion to approve the rezoning of the subject property, 63.44 acres, from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District, for a utility scale solar energy facility. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.3 Packet Pg. 76 10.A.3.a Packet Pg. 77 Attachment: Town of Gretna Application (2344 : Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia) 10.A.3.a Packet Pg. 78 Attachment: Town of Gretna Application (2344 : Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia) 10.A.3.a Packet Pg. 79 Attachment: Town of Gretna Application (2344 : Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia) 10.A.3.a Packet Pg. 80 Attachment: Town of Gretna Application (2344 : Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia) 10.A.3.a Packet Pg. 81 Attachment: Town of Gretna Application (2344 : Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia) 10.A.3.b Packet Pg. 82 Attachment: Town of Gretna Map (2344 : Public Hearing: Rezoning Case R-21-003; Town of Gretna, Virginia) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: PCC Chapter 8 Potential Revisions (Related to Registrar's Office Move); (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: February 16, 2021 Item Number: 10.B.1 Attachment(s): 02-16-2021 Public Hearing Notice - Polling Precinct Change Election PCC Changes Reviewed By: SUMMARY: As the Board is likely aware, the County’s Registrar’s Office is in the process of moving from its current location to the new Elections and Training Center. As such, revisions to Chapter 8 of the Pittsylvania County Code (“PCC”) are required related to the change in location of the Chatham Voting Precinct and the Central Absentee Voting Election District. For the Board’s review and consideration, attached please find said proposed revisions (changes are noted in red) and a copy of the legally advertised related Public Hearing. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following the conducting of the legally required Public Hearing, County Staff recommends the Board adopt the revisions to PCC Chapter 8 as presented. MOTION: “I make a Motion to adopt the revisions to Chapter 8 of the Pittsylvania County Code as presented.” 10.B.1 Packet Pg. 83 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, February 16, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to §§ 8-7 and 8-9 of the Pittsylvania County Code related to changing the location of the Chatham Precinct and Central Absentee Precinct from its current location to the new Elections and Training Center. 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.1.a Packet Pg. 84 Attachment: 02-16-2021 Public Hearing Notice - Polling Precinct Change (2350 : Public Hearing: PCC Chapter 8 Potential Revisions (Related to PITTSYLVANIA COUNTY CODE SEC. 8-7. PRECINCTS. The Precinct for each Election District and the polling place for each Precinct is forth below: PRECINCT POLLING PLACE CHATHAM-BLAIRS ELECTION DISTRICT Twin Springs Precinct Twin Springs Elem. School Chatham Precinct Old Chatham Elm. School (Old Library Building) Elections & Training Ctr. Tunstall Precinct Tunstall High School West Blairs Precinct White Oak Worship Ctr. CALLANDS-GRETNA ELECTION DISTRICT Bearskin Precinct Union Hall Elem. School Callands Precinct Callands VFD Climax Precinct Climax Ruritan Club Gretna Precinct Gretna Senior H.S. Sandy Level Precinct Cool Branch Vol. Rescue Squad BANISTER ELECTION DISTRICT Central Precinct Chatham Elem. School Riceville Precinct Riceville Java VFD East Blairs Precinct Southside Elem. School Mt. Airy Precinct Mt. Airy Elem. School East Gretna Precinct Gretna Elem. School DAN RIVER ELECTION DISTRICT Keeling Precinct Oak Grove Baptist Church Fellowship Hall Kentuck Precinct Dan River H.S. Ringgold Precinct Ringgold Vol. Fire & Rescue STAUNTON RIVER ELECTION DISTRICT Hurt Precinct John L. Hurt, Jr., Elem. School Motley-Sycamore Precinct Motley Comm. Ctr. Renan Precinct Renan VFD 10.B.1.b Packet Pg. 85 Attachment: Election PCC Changes (2350 : Public Hearing: PCC Chapter 8 Potential Revisions (Related to Registrar's Office Move); (Staff TUNSTALL ELECTION DISTRICT Brosville Precinct Brosville Middle School Stony Mill Precinct Stony Mill Elem. School Swansonville Precinct Katie’s Store, Inc. Whitmell Precinct Tunstall VFD Dry Fork Precinct Dry Fork VFD WESTOVER ELECTION DISTRICT Bachelors Hall Precinct Bachelors Hall VFD Ferry Road Precinct River Bend VFD Mt. Hermon Precinct New Life Comm. Ctr. Mt. Cross Precinct Mt. Cross VFD CENTRAL ABSENTEE PRECINCT Central Absentee Precinct Old Chatham Elem. School (Old Library Building) Elections & Training Ctr. (B.S.M. 6/5/89), (B.S.M. 1/2/90), (DOJ 10/12/91), (B.S.M. 9/3/96), (B.S.M. 12/16/03), (B.S.M. 1/5/03), (B.S.M. 3/16/04), (B.S.M. 7/20/04), (B.S.M. 4/19/05), (B.S.M. 5/16/06), (B.S.M. 6/19/07), (B.S.M. 8/04/08), (B.S.M. 8/19/08), (B.S.M. 3/16/10), (B.S.M. 5/17/11), (B.S.M. 4/17/18), (B.S.M. 5/14/19) SEC. 8.9. CENTRAL ABSENTEE VOTER ELECTION DISTRICT. There is hereby established for Pittsylvania County, pursuant to § 23.1-233.1, Code of Virginia. 1950, as amended, a Central Absentee Voter Election District for the purpose of counting and recording Absentee Ballots in all elections throughout the County. The voting places for such districts shall be the Elections & Training Center Pittsylvania County Registrar’s Office, 1810 Depot Old Chatham Elementary Lane, Main Street, Chatham, Virginia. 10.B.1.b Packet Pg. 86 Attachment: Election PCC Changes (2350 : Public Hearing: PCC Chapter 8 Potential Revisions (Related to Registrar's Office Move); (Staff