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09-21-2021 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, September 21, 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. August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. August Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Proclamation (Domestic Violence Awareness Month; October) Adoption (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2021-09-02 (Old Callands Post Office Ownership Transfer Approval) Adoption (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2021-09-03 (Honoring Zwei (Police Dog)) Adoption (Supervisor Farmer) f. Resolution # 2021-09-04 (Honoring Vickie Taylor, Retirement, 50 Years) Adoption (Supervisor Ingram) g. Resolution # 2021-09-05 (Honoring Evonda Thornton; Retirement, 31 Years) Adoption (Supervisor Ingram) h. Resolution # 2021-09-06 (Chatham Sidewalks Project Funding) Adoption (Staff Contact: Kaylyn M. McCluster) Business Meeting - September 21, 2021 i. Resolution # 2021-09-07 (Collective Bargaining of Public Employees) Adoption (Staff Contact: Kaylyn M. McCluster) j. Resolution # 2021-09-08 (Appreciation of White Oak Worship Center's Music Festival Logistical Support) Adoption (Staff Contact: Kaylyn M. McCluster) k. Certificate of Recognition (63 Years of Marriage) Approval (Mr. and Mrs. James Thornton); (Supervisor Ingram) l. Climax Volunteer Fire Department's Use of County Public Safety Capital Reserves Fund Approval (Staff Contact: Christopher C. Slemp) m. Redistricting Project Contract Award (ARCBridge Consulting & Training, Inc.) Ratification n. Approval of FY2022 Capital Improvements Projects (Staff Contact: Kimberly G. Van Der Hyde) o. Project Imagine WIA Grant Approval (Staff Contact: Kimberly G. Van Der Hyde) p. Natural Disaster/Emergency Response Expense Carryover (Staff Contact: Kimberly G. Van Der Hyde) q. Cool Branch Fundraising Extension Approval (Staff Contact: David M. Smitherman) 8. PRESENTATIONS a. Resolution # 2021-09-03 (Zwei (Police Dog)) Presentation (Supervisor Farmer) b. Resolution # 2021-09-04 (Vickie Taylor) Presentation (Supervisor Ingram) c. Resolution # 2021-09-05 (Evonda Thornton) Presentation (Supervisor Ingram) d. Resolution # 2021-09-08 (White Oak Worship Center) Presentation (Supervisor Scearce) e. Certificate of Recognition (63 Years of Marriage); (Mr. and Mrs. James Thornton); (Supervisor Ingram) f. Proclamation (Domestic Violence Awareness Month; October) Presentation (Supervisor Dudley) g. Broadband Project Presentation and MOU Approval (RiverStreet); (Dave F. Arnold) 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 Business Meeting - September 21, 2021 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: Case R-21-022 Timothy Duffer; Rezoning from B-2, Business District, General, to RC-1, Residential Combined Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Chairman Warren) Case 2: Public Hearing: Case R-21-024 Samuel and Carolyn Munford; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. (Supervisor Ingram) Case 3: Public Hearing: Case R-21-026 James Wilkerson; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Davis) 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: Revisions to PCC Chapter 35 (Revenue Share for Solar Energy Projects); (Staff Contact: Emily S. Ragsdale) 2. Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control); (Staff Contact: Emily S. Ragsdale) Business Meeting - September 21, 2021 3. Public Hearing: Virginia Code § 58.1-3819(A)(2) Transient Occupancy Tax Funds Usage (Staff Contact: David M. Smitherman) 4. Public Hearing: Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Height of Buildings; and PCC, Chapter 35, Division 12, Industrial District, Heavy Industry (M-2); and PCC § 35-406, Maximum Height of Buildings Height); (Staff Contact: Emily S. Ragsdale) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 21, 2021 Item Number: 7.a Attachment(s): 08-17-2021 Finance Committee Meeting - DRAFT 08-17-2021 Work Session - DRAFT 08-17-2021 Business Meeting - DRAFT 09-08-2021 Called Meeting - DRAFT Reviewed By: 7.a Packet Pg. 5 PITTSYLVANIA COUNTY FINANCE COMMITTEE August 17, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Finance Committee was held on August 17, 2021, in the Elections and Training Center, 18 Depot Street, Chatham, Virginia 24531. Ronald S. Scearce, Chairman, called the Meeting to Order at 3:30 PM. ROLL CALL The following Members were present: Attendee Name Title Status Arrived Ronald S. Scearce Chairman - Westover District Present 3:10 PM Charles H. Miller, Jr. Supervisor - Banister District Present 3:24 PM Joe B. Davis Supervisor - Dan River District Present 3:23 PM Timothy W. Dudley Supervisor - Staunton River District Present 2:52 PM APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Scearce, Miller, Davis, Dudley NEW BUSINESS a. 2021 County Budget Amendments (Staff Contact: Van Der Hyde) Each year, Departmental/Fund Budgets are reviewed to determine if sufficient Budget amounts exist to cover expenses until year-end. Most of these items are bookkeeping entries required by the County’s Auditors. Motion to recommend approval to the full Board the FY 2021 County Budget Amendments as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Dudley AYES: Scearce, Miller, Davis, Dudley b. 2022 Budget Amendments/Public Hearing (Staff Contact: Van Der Hyde) After discussion regarding the WIA-Summer Youth Program position, there was consensus of the Committee to receive more information regarding this request and discuss at a further date. Motion to recommend the full Board approve an appropriation of $27,175,730.41, minus $91,302 for WIA position, following conducting the legally required Public Hearing at tonight’s 7.a.a Packet Pg. 6 Attachment: 08-17-2021 Finance Committee Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. Finance Committee August 17, 2021 Regular Meeting Business Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Scearce, Miller, Davis, Dudley c. Solid Waste Financing-VRA Resolution (Staff Contact: Van Der Hyde) The County is planning capital expenditures for the County’s Solid Waste System. These capital improvements include constructing and equipping three (3) new Convenience Centers, constructing a new cell in the County’s Landfill, and acquiring equipment for use at the Landfill (“Projects”). The Board has applied with the Virginia Resources Authority to secure financing, not to exceed $9,000,000, to cover the Projects, as well as refinancing the Landfill portion of the 2018A Bonds issued for Landfill equipment. As such, a Public Hearing is legally required for citizen input of on this potential financing/refinancing. Notice of said Public Hearing was published in The Chatham Star Tribune on August 4, 2021, and August 11, 2021. The Board is required to adopt a Resolution authorizing and providing for the issuance, sale, and award of two (2) series of Solid Waste System Revenue and Refunding Bonds. Motion to recommend the full Board adopt Resolution # 2021-08-04, authorizing and providing for the issuance, sale, and award of two (2) series of Solid Waste System Revenue and Refunding Bonds, following conducting the legally required Public Hearing at tonight’s Business Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Scearce, Miller, Davis, Dudley d. ARPA Funding Discussion (Staff Contact: Van Der Hyde) The County received an award notice from the Federal government of American Rescue Plan Act (“ARPA”) funds in the amount of $11,723,057. On June 6, 2021, the County received the first tranche of these funds. These funds closely resemble the Coronavirus Aid, Relief, and Economic Security funds that the County received in 2020; however, there is a more narrowly focused list of areas where these funds can be used. Smitherman stated that a priority right now is to attempt to get broadband in the homes of citizens in the County and the hope is more than half of this money will go towards broadband services in the County. He also stated that water and sewer systems are also in need of repairs due to failing systems. Other available uses of these funds are Personal Protective Equipment, premium pay of County workers. The County is unable to use these funds for revenue replacement due to its revenue being stronger. County Staff is working with the City of Danville, the Sheriff, and Public Safety to jointly replace the CAD system for emergency responders. 7.a.a Packet Pg. 7 Attachment: 08-17-2021 Finance Committee Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. Finance Committee August 17, 2021 Regular Meeting Motion that the Board of Supervisors set aside $1 Million of ARPA funds to support our volunteer fire and rescue agencies and that the Fire and Rescue Commission receive applications and make award recommendations to the Finance Committee for the use of these funds. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Miller AYES: Scearce, Miller, Davis, Dudley e. Resolution # 2021-08-05 (Authorization of Submission of Economic Development Administration Grant Application for Critical Improvements for Public Water and Sewer Infrastructure Project) Adoption (Staff Contact: Adcock) In February, the Pittsylvania County Service Authority (“PCSA’) Board passed Resolution # 2021-02-01, supporting submission of an EDA Public Work Funding Application for Sewer System Improvements. Anticipating PCSA’s dissolution, the West Piedmont Planning District Commission (“WPPDC”), who is helping with the funding application, recommended waiting until the dissolution was complete, prior to submitting as the changing ownership of the County’s water and sewer facilities may cause issue with the application. Since that time, the EDA has announced a new Grant Program using American Rescue Plan Act (“ARPA”) monies that now provides eighty percent (80%) funding, with a twenty percent (20%) local match. The prior Program only offered fifty percent (50%) funding. Due to the additional funding provided, County Staff recommends expanding the Grant application to include critical wastewater pump station improvements, in addition to the Brockway sewer extension and pump replacement project initially identified. The Project’s total estimated cost is approximately $3,000,000, which would require a County match of $600,000 (twenty percent (20%)). To indicate support of the Project and a commitment to providing the funding match, the EDA and the WPPDC recommend the County adopt a support Resolution. Motion to adopt Resolution # 2021-08-05 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Scearce, Miller, Davis, Dudley f. Wage and Compensation Discussion (Staff Contract: Van Der Hyde) Van Der Hyde updated the Committee regarding Legislation that was passed concerning comp time. There is no longer comp time allowed; all overtime must be paid out as overtime. The Governor signed this back to the way it used to be at the beginning of August, but County Staff recommends leaving it the way that it is with the new changes. The hope is this eliminates confusion amongst employees. Also, the Governor signed a document on August 10, 2021, giving all sworn deputies under the Comp Board a $3,000 Premium Pay. There are twenty-seven 7.a.a Packet Pg. 8 Attachment: 08-17-2021 Finance Committee Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. Finance Committee August 17, 2021 Regular Meeting (27) positions that are not covered by the Comp Board, but they will also be given the premium pay because they are sworn deputies. Motion that the County provide all Public Safety, Solid Waste, and Social Services employees a one-time $3,000 Premium Pay bonus and that all other employees in Grades one (1) through twenty-four (24) receive a $1,500 Premium Pay bonus utilizing federal stimulus funds. Amended Motion to include part-time employees on a prorated basis. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Miller AYES: Scearce, Miller, Davis, Dudley MATTERS FROM COMMITTEE MEMBERS None. ADJOURNMENT Scearce adjourned the Meeting at 4:35 PM. 7.a.a Packet Pg. 9 Attachment: 08-17-2021 Finance Committee Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION August 17, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on August 17, 2021, in the Elections and Training Center, 18 Depot Street, Chatham, Virginia. Robert (“Bob”) W. Warren, Chairman, called the Meeting to order at 4:40 PM. CALL TO ORDER (4:30 PM) Warren called the Meeting to Order at 4:30 PM. ROLL CALL The following Members were present: Attendee Name Title Status Arrived Robert (“Bob") W. Warren Chairman - Chatham Blairs District Present 4:39 PM Ronald S. Scearce Vice-Chairman - Westover District Present 4:38 PM Joe B. Davis Supervisor - Dan River District Present 4:38 PM Timothy W. Dudley Supervisor - Staunton River District Present 4:39 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:38 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 4:37 PM Charles H. Miller, Jr. Supervisor - Banister District Present 4:39 PM 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. CSA Audit Review (Staff Contact: Boswell); (10 minutes) Boswell, CSA Coordinator, presented the final CSA audit to the Board. There were no major audit findings this year and there were no issues with individual case files. The only non- compliance issue was on the annual filings, and this was only due to the Office of Children’s Services (“OCS”) requiring CPMT and FAPT to fill out the long form instead of the standard Financial Disclosure Form that is required by the State. This has since been corrected and the correct forms will be sent out going forward. b. Final Proposed Water and Sewer Extension Policy Review (Staff Contact: Adcock); (30 minutes) 7.a.b Packet Pg. 10 Attachment: 08-17-2021 Work Session - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Work Session Adcock presented how the new potential policy would apply to some recent water extension requests. His presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. BUSINESS MEETING DISCUSSION ITEMS a. Finance Committee Recommendations (Staff Contact: Van Der Hyde); (5 minutes) Van Der Hyde stated the Finance Committee recommended to the full Board approval of ARPA funds for Fire and Rescue and Premium Pay. These items will be added to the Business Meeting’s Agenda for approval. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 5:20 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: Projects Solomon, AI, Settlement, and P Purpose: Economic Development Updates on Unannounced Industries/Prospective Businesses b. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Jail Land Purpose: Discussion of Related Property Acquisitions for a Public Purpose 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. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: RDOF MOU Update, Solar Siting Agreement Review, Cool Branch/Franklin County Agreement Update, and Keeling VFD Probation 7.a.b Packet Pg. 11 Attachment: 08-17-2021 Work Session - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Work Session Update Purpose: Legal Consultation/Legal Advice Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:44 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at Pittsylvania County Board of Supervisors’ (“Board”) Meeting on August 17, 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 (“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/No Dudley Yes/No Farmer Yes/No Ingram Yes/No Miller Yes/No Scearce Yes/No Warren Yes/No ADJOURNMENT Warren adjourned the Meeting at 6:46 PM. 7.a.b Packet Pg. 12 Attachment: 08-17-2021 Work Session - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING August 17, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on August 17, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Robert W. Warren, Chairman, called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:27 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:27 PM Joe B. Davis Supervisor - Dan River District Present 6:28 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:28 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:26 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 6:25 PM Charles H. Miller, Jr. Supervisor - Banister District Present 6:28 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: • Cool Branch funding to New Business as item 12a; and • Finance Committee Recommendations to Matters from Work Session as item 13a. RESULT: ADOPTED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve amended Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. 7.a.c Packet Pg. 13 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. July Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. July Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Southern Area Agency on Aging Appointment (Anita White); (Staff Contact: Kaylyn M. McCluster) d. Dan River ASAP Appointment (James Hodgson); (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2021-08-01 (VA Opioid Fund MOU) Adoption (Staff Contact: J. Vaden Hunt, Esq.) f. Resolution # 2021-08-02 (2021 County Redistricting Process Criteria) Adoption (Staff Contact: Dave F. Arnold) g. Water Disconnection Resumption Approval (Staff Contact: Christopher Adcock) h. Resolution # 2021-08-05 (Authorization of Submission of Economic Development Administration Grant Application for Critical Improvements for Public Water and Sewer Infrastructure Project) Adoption (Staff Contact: Chris Adcock) i. 2021 Year End County Budget Amendments Approval (Staff Contact: Kimberly G. Van Der Hyde) j. Resolution # 2021-08-06 (WPPDC Charter Amendment Approval) Adoption (Staff Contact: David M. Smitherman) k. Resolution # 2021-08-07 (TLAC No Wake Surfing Regulation) Adoption (Staff Contact: Emily S. Ragsdale) PRESENTATIONS a. Intern Recognition Presentation (Staff Contact: Richard N. Hicks) In partnership with many area agencies, the County supported a Summer Youth Work Program that provided meaningful work experience for approximately twenty-five (25) County High School and post-graduate students. Interested students applied for individual positions and the County hosted nine (9) interns in six (6) County Departments. The interns were able to get real life work experience and learning opportunities in different career fields, all while providing great service to the County and its citizens. County Staff recognized these interns and allowed them a moment to express what the internship meant to them. The Board recognized the interns for the Summer Youth Work Program. Natalie Hodge, Special Projects Coordinator for the West Piedmont Workforce Development Board, and Dana Wilson, Program Coordinator for the Institute of Advanced Learning and Research, stated there were 7.a.c Packet Pg. 14 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting fifteen (15) students that were placed within County departments, Docusystems, and Pittsylvania County Schools for the Summer Youth Program. She thanked the Board for understanding the value of internships for our youth. Angela Rigney, Pittsylvania County School Director of Career and Technical Education, thanked everyone involved for the collaboration. Warren thanked Rigney and Dr. Jones for everything the school system has done and stated that our Region is blessed from the work of the school system. Economic Development has been affected in a positive way by the actions of the schools. Eben Leigh, Public Relations intern, shared with the Board that he really enjoyed his time as an intern with the County. The internship has given him a better understanding of local government. Leigh stated he is much more comfortable going out into the workforce. He was able to meet Governor Northam and he thanked the Board and Staff for his experience with the County. Amelia Wilson thanked the Board for investing in the County's youth. Her daughter, Cora Wilson, was an intern in Community Development for the summer. HEARING OF THE CITIZENS None. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-21-018; Olde Dominion Agricultural Foundation, Inc; Rezoning from M-1, Industrial District, Light Industry, to A-1, Agricultural District (Supervisor Miller) Warren opened the Public Hearing at 7:30 PM. No one signed up to speak and Warren closed the Public Hearing at 7:31 PM. Motion to approve the rezoning of 2.39 acres from M-1, Industrial District, Light Industry, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent parcel. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 2: Public Hearing: Case R-21-019; Wesley Lee Francis; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Miller) Warren opened the Public Hearing at 7:32 PM. Wesley Francis was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:34 PM. 7.a.c Packet Pg. 15 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting Motion to approve the rezoning of 3.79 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent property. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 3: Public Hearing: Case R-21-020; Terry Parsons; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Farmer) Warren opened the Public Hearing at 7:35 PM. Terry Parsons was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:36 PM. Motion to approve the rezoning of 17.20 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be used for agricultural purposes. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 4: Public Hearing: Case R-21-021; Garnette Short; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Dudley) Warren opened the Public Hearing at 7:36 PM. Garnette Short was present to represent the Petition. Curtis Arthur, 4964 Shula Drive, Hurt, Virginia 24563, signed up to speak, but his question had been answered. Warren closed the Public Hearing at 7:38 PM. Motion to approve the rezoning of 7.0 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the properties to be used for agricultural purposes. The rezoning would be consistent with the County’s Comprehensive Plan. 7.a.c Packet Pg. 16 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 5: Public Hearing: Case R-21-023; Mildred Lumpkin; Rezoning from MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District (Supervisor Farmer) Warren opened the Public Hearing at 7:39 PM. No one signed up to speak and Warren closed the Public Hearing at 7:40 PM. Motion to approve the rezoning of 1.083 acres from MHP, Residential Manufactured Housing Park District, to A-1, Agricultural District, to allow the property to be consolidated with an adjacent parcel. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: S.R. 794 (Old Mine Road) "No Through Trucks Restrictions VDOT Study Recommendation" (Contact: Supervisor Farmer) Farmer has requested the County conduct a Public Hearing recommending a VDOT study of potential no through truck restrictions on Old Mine Road. This Public Hearing was advertised as legally required in The Chatham Star Tribune on August 4, 2021, and August 11, 2021. Warren opened the Public Hearing at 7:41 PM. Linwood Cook spoke and stated he was a retired Methodist Minister who has a farm on Old Mine Road, right across from Piney Fork Church. He’s observed eighteen-wheelers going by GPS and turning on Old Mine Road to avoid going to Gretna and turning on 40 to go to Rocky Mount. It’s a very narrow road and it isn’t local trucks traveling the roads, they are cross country trucks. He stated these roads are in no way built like Highway 29 or Route 40 to carry eighty- thousand-pound (8,000) trucks. He also addressed the high-speed traffic on weekends from the travelers from North Carolina and Danville going to Smith Mountain Lake. He met with Virginia State Police, and they shared that in the year 2020 there were three (3) major accidents at the intersection of Old Mine and Piney Road where Old Mine makes the sharp left and right. He left suggestions with the Board regarding possible wordage for signs for that area. 7.a.c Packet Pg. 17 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting Taft Yeatts stated that he lives on Old Mine Road and his family has farmland there. He said that turning off Route 40 sharp onto Old Mine Road, it cuts back more than ninety (90) degrees so it’s hard to get a car or four-wheel drive pickup off the road there, and they have torn the intersection up trying to get them off there. Less than an eighth (1/8) of a mile into it is a sharp curve that you can’t see, it’s a blind curve down a bottom and VDOT has put a twenty-five (25) mile an hour sign there but if you meet a tractor trailer, there’s no road, even with the widening of the road. He stated that where he lives there are fragments that have been broken off, and water through the years has washed along the shoulder of the road and exposed the asphalt and the shoulders. He has witnessed a school bus meeting a box truck and they both had to stop and get off the road to be able to pass each other. He stated he does believe it is a GPS problem. Tim Cook stated this is a result of GPS re-rerouting these vehicles through this road. In the last eight years that he’s lived there at 2461 Old Mine Road, he’s almost been in an accident because he was on a farm vehicle trying to make a left hand turn into his farm access road, and traffic just goes right by him and not paying attention to his signal. He stated it is a very dangerous situation there on Old Mine. He said his sister-in-law was almost involved in a head-in collision on the road as well. Warren closed the Public Hearing at 7:53 PM Motion to adopt Resolution # 2021-08-03 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Resolution # 2021-08-04 (VRA Revenue/Refunding Bonds) Adoption (Staff Contact: Kimberly G. Van Der Hyde) The County is planning capital expenditures for the County’s Solid Waste System. These capital improvements include constructing and equipping three (3) new Convenience Centers, constructing a new cell in the County’s Landfill, and acquiring equipment for use at the Landfill (“Projects”). The Board has applied with the Virginia Resources Authority to secure financing, not to exceed $9,000,000, to cover the Projects, as well as refinancing the Landfill portion of the 2018A Bonds issued for Landfill equipment. The Board is required to adopt Resolution authorizing and providing for the issuance, sale, and award of two (2) series of Solid Waste System Revenue and Refunding Bonds. Warren opened the Public Hearing at 7:56 PM. Greg Robinson, Callands-Gretna District, spoke against the bonds. He feels that the County is just kicking the can down the road, and he is not in favor of this. 7.a.c Packet Pg. 18 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting Warren Closed the Public Hearing at 8:01 PM. Motion to adopt Resolution # 2021-08-04, authorizing and providing for the issuance, sale, and award of two (2) series of Solid Waste System Revenue and Refunding Bonds. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 3. Public Hearing: FY22 County Budget Amendments Public Hearing (Staff Contact: Kimberly G. Van Der Hyde) Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date. An advertisement of the Budget Amendments appeared in the Chatham Star Tribune on August 4, 2021, which satisfies the seven (7)-day legal notice requirement. Warren opened the Public Hearing at 8:06 PM. Willie Fitzgerald, Banister District, stated his concerns regarding the Budget. He asked what happened to the compensation that the PCSA was paying its Board members once the Board was dissolved. He also stated his opposition for the meals tax and the one percent (1%) sales tax increase referendum in November for the schools. Warren closed the Public Hearing at 8:11 PM. Motion that $27,084,437.41 be approved and appropriated to the FY2022 County Budget as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS a. Cool Branch Funding Discussion 7.a.c Packet Pg. 19 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting Farmer stated around two (2) years ago Cool Branch came to the Board requesting money for two (2) apparatus (an ambulance and fire truck); which caused the Board to look at the uniqueness of what Cool Branch is, in terms of servicing both Pittsylvania and Franklin Counties. Through a lot of conversation and negotiations, the Board is still not at a place of mutual agreement with Franklin County, but Board still wants to stick by a commitment made two (2) years ago and to do their part to help Cool Branch move forward. Motion that all donations that are raised by the Cool Branch Fire and Rescue starting July 1, 2021, and runs through September 30, 2021, that this Board matches, with an amount not to exceed $230,000. RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller MATTERS FROM WORK SESSION (IF ANY) a. Finance Committee Recommendations Motion that the Board set aside $1 Million of ARPA funds to support its volunteer fire and rescue agencies and that the Fire and Rescue Commission receive applications and make award recommendations to the Finance Committee for the use of these funds, and that the County provide all Public Safety, Solid Waste, and Social Services employees a one-time $3,000 Premium Pay bonus and that all other employees in Grades one (1) through twenty-four (24) receive a $1,500 Premium Pay bonus utilizing federal stimulus funds. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS • Ingram stated he is grateful for the many men and women who have served our Country and to remember the Afghan people and all who have family members who are down with COVID. He also asked to remember Bonnie Jones as she is in the hospital battling COVID. He also recognized Mr. and Mrs. James Thornton on their 63rd year anniversary, and their daughter, Evonda Thornton, retired from DCC after 31 years. • Farmer stated there are two (2) events in his district. On September 11, 2021, there will be a Fire and Rescue Golf Tournament at Cedar’s Country Club and Cool Branch is having a truck raffle fundraiser. 7.a.c Packet Pg. 20 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors August 17, 2021 Business Meeting • Dudley thanked everyone for coming to the Meeting, and he also thanked the Interns for coming and for their work this summer. He also stated the twenty (20) year anniversary of 9/11 is upon us and he is thankful to be born in the Unites States and is thankful for our freedoms. He also thanked Staff for their hard work. • Miller thanked everyone for attending the meetings and those who listen by live stream. On September 15th at 11:00 AM, the first elected African American member of this Board for the Banister District will be honored with a Bridge Dedication in Blairs. Ms. Lillian Pritchett and her son will be in attendance as honored guests. He stated he is very appreciative of the entire Board and thankful that one hundred percent (100%) of the Board agreed when the vote was taken for this Bridge. • Davis thanked Staff for the job they do and is thankful that there are many exciting things that will be announced in the future. • Scearce stated we watched Afghanistan fall apart and to keep the innocent people in your prayers. He wants to let the public know that he has the highest regard for the integrity of County Staff and for those on the Board, but there was a comment made about the "good old boys" and favors that are being dished out. He asked that if anyone knows of anything like this, to please contact him or Smitherman, and to please deal with facts and not slander. • Warren wished the interns well and recognized Gretna, Blairs, Bachelors Hall, and Tunstall EMS on the percentage of calls answered. This speaks volumes because these volunteers throughout the County do such a great job. He is very pleased for the Board approving the bonuses for law enforcement and Public Safety. COUNTY ADMINISTRATOR REPORTS Smitherman spoke on the internship and how it was an overwhelming success and wished them all good luck. He stated the County’s financial status is as good as it has probably ever been. He was able to meet most of the candidates running for seats on the Board. He shared his frustration with how transparent this Board and County Staff are with outward flow of information, yet citizens still are not being engaged in local government. Stopping participation is a symptom of our society, and it is the responsibilities of the citizens to be always engaged in government. The County will continue to push out information to provide our citizens with everything they need to be informed about local government. He also thanked Davis for his Motion regarding premium pay for employees. ADJOURNMENT Warren adjourned the Meeting at 8:47 PM. 7.a.c Packet Pg. 21 Attachment: 08-17-2021 Business Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CALLED MEETING September 8, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Called Meeting was held on September 8, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 5:00 PM. The following Members were present: Attendee Name Title Status Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present Ronald S. Scearce Vice-Chairman - Westover District Present Joe B. Davis Supervisor - Dan River District Present Timothy W. Dudley Supervisor - Staunton River District Present Ben L. Farmer Supervisor - Callands-Gretna District Present William v. ("Vic") Ingram Supervisor - Tunstall District Present Charles H. Miller, Jr. Supervisor - Banister District Present AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller PUBLIC HEARINGS a. Public Hearing: Transient Occupancy Tax (Staff Contact: Smitherman) At its July 20, 2021, Business Meeting, the Board approved the creation of a County Transient Occupancy Tax to be effective September 1, 2021. After listening to citizen and County business owner concerns regarding the effective date, County Staff desires to solicit public comment regarding potential revisions to PCC Chapter 6, Article IV § 6-46, Effective Date of Article, changing the County’s Transient Occupancy Tax’s effective date from September 1, 2021, to January 1, 2022. The Public Hearing was duly advertised in The Chatham Star Tribune on Wednesday, August 25, 2021, and on Wednesday, September 1, 2021. Warren opened the Public Hearing at 5:02 PM. Jeff Love, Staunton River District, spoke on his support for the effective date being moved back to January 1, 2022. He stated businesses were not given enough time to get their systems updated to accommodate these changes. Warren closed the Public Hearing at 5:10 PM. 7.a.d Packet Pg. 22 Attachment: 09-08-2021 Called Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) September 8, 2021 Called Meeting Motion to approve the revisions to PCC Chapter 6, Article IV § 6-46, Effective Date of Article, changing the effective date of the County’s Transient Occupancy Tax from September 1, 2021, to January 1, 2022, as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller NEW BUSINESS a. Project Solomon Local Performance Agreement Approval (Staff Contact: Rowe) On August 26, 2021, Governor Northam announced that Tyson Foods (“Tyson”) would establish a 325,000 sq. ft. food processing facility (no-kill) that would result in over $295M in capital investment and 376 direct jobs with average wages of $41,668. The Local Performance Agreement (“LPA”) has been signed by the Danville-Pittsylvania Regional Industrial Facility Authority, City of Danville, and now must be executed by the County. Groundbreaking is expected in Q4 2021 with operations beginning in 2023. Tyson’s incentives include a ten (10)- year seventy percent (70%) tax rebate on all taxes paid; gifting of Lot 9 Cane Creek Centre; a one (1)-time payment of $640.00 per job paid retroactively; and the waiver of local land permit and connection fees. Should Tyson not meet its obligations, it has provided a $9.6M Non- Compliance Fee commitment from the Fortune 200 parent company. Motion to approve the LPA with Tyson (Project Solomon) as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Resolution # 2021-09-01 (Local Support of the Utilization of Industrial Access Railroad Track Funds) Approval (Staff Contact: Rowe) As part of Staunton River Plastics, LLC’s, incentive package, the County and its partners agreed to support SRP’s Application for Rail Enhancement Grant funding that would reimburse up to seventy percent (70%) of its costs for improving and rehabilitating the rail siding onsite. Resolution # 2021-09-01 supporting SRP’s Rail Enhancement Grant Application, is required as part of SRP’s formal Application and will be also approved by the Town of Hurt and City of Danville. Motion to approve Resolution # 2021-09-01 as attached and presented. 7.a.d Packet Pg. 23 Attachment: 09-08-2021 Called Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) September 8, 2021 Called Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller ADJOURNMENT Warren adjourned the Meeting at 5:20 PM. 7.a.d Packet Pg. 24 Attachment: 09-08-2021 Called Meeting - DRAFT (2726 : August Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: August Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 21, 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 July Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=421697&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2021 August Bill List as presented. MOTION: “I make a Motion to approve the County’s 2021 August Bill List as presented.” 7.b Packet Pg. 25 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Proclamation (Domestic Violence Awareness Month; October) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 21, 2021 Item Number: 7.c Attachment(s): 09-21-2021 Domestic Violence Awareness Month Reviewed By: SUMMARY: Each year, the County supports National Domestic Violence Awareness Month. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the approval of the attached Proclamation declaring October as National Domestic Violence Awareness Month in the County. MOTION: “I make a Motion approving the attached Proclamation declaring October as National Domestic Violence Awareness Month in the County.” 7.c Packet Pg. 26 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS __________________________________________________________________________________________ NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER __________________________________________________________________________________________ VIRGINIA: At its Business Meeting on Tuesday, September 21, 2021, the Pittsylvania County Board of Supervisors (“Board”) adopted the following Proclamation: WHEREAS, one (1) in every four (4) women and one (1) in every ten (10) men will experience sexual violence, physical violence, and/or stalking by an intimate partner during their lifetime and approximately 15.5 million children are exposed to domestic violence every year; and WHEREAS, an average of three (3) women in the United States lose their lives every day, and in Virginia one (1) in three (3) women and one (1) in four (4) men have experienced some form of physical violence by an intimate partner, and domestic violence is the leading cause of injury to women; and WHEREAS, children exposed to violence can experience serious long-term consequences creating difficulties in school, post-traumatic disorders, alcohol and drug abuse, and criminal behavior; and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security, and humanity due to the systematic use of physical, emotional, sexual, psychological, and economic control and/or abuse; and WHEREAS, it is our obligation as citizens, leaders, and governmental officials to take a strong and united stance against violence; and WHEREAS, victims of the violence should have help to find the compassion, comfort and healing they need, and domestic abusers should be punished to the fullest extent of the law; and WHEREAS, we encourage domestic violence victims and their families to seek assistance from appropriate victims’ services organizations and the National Domestic Violence Hotline (1-800-799-SAFE); and WHEREAS, it is important to recognize the compassion and dedication of the individuals who provide services to victims of domestic violence and work to increase public understanding of this significant problem; and WHEREAS, as a community, we must dedicate ourselves to protecting vulnerable members of our society, we have a moral obligation to work to prevent domestic violence, and to address its brutal and destructive effects. THEREFORE, the Board does hereby proclaim October 2021 as Domestic Violence Awareness Month in recognition of the important work done by domestic violence programs and victims’ service providers, and urges all citizens to work towards the elimination of domestic violence. Given under my hand this 21st day of September, 2021. ______________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ___________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.c.a Packet Pg. 27 Attachment: 09-21-2021 Domestic Violence Awareness Month (2724 : Proclamation (Domestic Violence Awareness Month; October) Adoption Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-09-02 (Old Callands Post Office Ownership Transfer Approval) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 21, 2021 Item Number: 7.d Attachment(s): 2021-09-02 Old Callands Post Office Reviewed By: SUMMARY: The Old Callands Post Office was recently moved to County-owned land in Callands, Virginia, and is currently owned by Roger Jefferson. The Board desires to formally acquire the Old Callands Post Office and Mr. Jefferson has agreed to sell it to the County for $1.00. For the Board’s review and consideration, attached is Resolution # 2021-09-02 evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-09-02 approving the transfer of ownership of the Old Callands Post Office from Roger Jefferson to the County as attached and presented. MOTION: “I make a Motion to adopt Resolution # 2021-09-02 approving the transfer of ownership of the Old Callands Post Office from Roger Jefferson to the County as attached and presented.” 7.d Packet Pg. 28 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ______________________________________________________________________________ RESOLUTION # 2021-09-02 ______________________________________________________________________________ RESOLUTION AUTHORIZING OLD CALLANDS POST OFFICE ACQUISITION ______________________________________________________________________________ The following Resolution was adopted at the Pittsylvania County Board of Supervisors’ (“Board”) Regular Business Meeting on September 21, 2021: WHEREAS, Roger Jefferson (“Jefferson”) is the current owner of the Old Callands Post Office; WHEREAS, the Old Callands Post Office was expertly restored by volunteers led by Dale Aaron; and WHEREAS, the Old Callands Post Office was recently moved to County-owned land in Callands, Virginia; and WHEREAS, the Board desires to formally acquire the Old Callands Post Office; and WHEREAS, Jefferson has agreed to sell the County the Old Callands Post Office for $1.00; and WHEREAS, the Board intends to insure and maintain the Old Callands Post Office and use it for the public interest. NOW THEREFORE, BE IT RESOLVED by the Board that the adoption of this Resolution serves as a public acknowledgment of transferring of the ownership of the Old Callands Post Office from Jefferson to the County. Adopted this 21st day of September, 2021. _________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors _________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 29 Attachment: 2021-09-02 Old Callands Post Office (2730 : Resolution # 2021-09-02 (Old Callands Post Office Ownership Transfer Approval) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-09-03 (Honoring Zwei (Police Dog)) Adoption (Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: September 21, 2021 Item Number: 7.e Attachment(s): 2021-09-03 Honoring K-9 Zwei Reviewed By: SUMMARY: K-9 Zwei was an active deployed dog with the County’s Sheriff’s Office for the past seven and a half (7.5) years. On August 3, 2021, K-9 Zwei was showing signs of erratic behavior and was taken to a local veterinarian, where it was determined that he was no longer medically suited to continue working due to an enlarged tumor in his chest. This led to the final diagnosis that Zwei had an incurable cancer. Due to the cancer’s progression, Zwei had to put down on August 19, 2021. Every day, police dogs courageously serve an important purpose for many police departments and communities across this Commonwealth. For the Board’s review and consideration, Resolution # 2021-09-03, honoring the life and service of K-9 Zwei, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-09-03, honoring the life and service of K-9 Zwei, as attached and presented. MOTION: “I make a Motion to adopt Resolution # 2021-09-03, honoring the life and service of K-9 Zwei, as attached and presented.” 7.e Packet Pg. 30 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS __________________________________________________________________________________________ RESOLUTION # 2021-09-03 __________________________________________________________________________________________ RESOLUTION HONORING THE LIFE AND SERVICE OF K-9 ZWEI __________________________________________________________________________________________ The following Resolution was adopted at the Pittsylvania County Board of Supervisors’ (“Board”) Regular Business Meeting on September 21, 2021: WHEREAS, K-9 Zwei was an active deployed dog with the Pittsylvania County Sheriff’s Office for the past seven and a half (7.5) years; and WHEREAS, Zwei’s task was trailing humans that were unable to be located, and he has performed successfully with this detail, accumulating sixty-eight (68) confirmed finds and assisted in several investigations; and WHEREAS, on August 3, 2021, Zwei was showing signs of erratic characteristics and was taken to the veterinarian, where it was deemed that he was no longer medically suited to continue working due to an enlarged tumor in his chest; and WHEREAS, this led to the final diagnosis that Zwei had an incurable cancer due to the progression and Sergeant Michael Szelc, Zwei’s handler, was able to bring him home once more before he had to be put down on Thursday, August 19, 2021; and WHEREAS, Sergeant Szelc stated, “It has been a great honor to work with such an amazing four- legged partner;” and WHEREAS, every day, police dogs courageously serve an important purpose for many police departments and communities across this Commonwealth. NOW THEREFORE, BE IT RESOLVED that the Board honors the life and service of Zwei who heroically spent years in the line of duty to protect others and offers its sincere condolences to Sergeant Szelc and all those whose lives were positively impacted by Zwei. Adopted this 21st day of September, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.e.a Packet Pg. 31 Attachment: 2021-09-03 Honoring K-9 Zwei (2731 : Resolution # 2021-09-03 (Honoring Zwei (Police Dog)) Adoption (Supervisor Farmer)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-09-04 (Honoring Vickie Taylor, Retirement, 50 Years) Adoption (Supervisor Ingram) Staff Contact(s): Supervisor Ingram Agenda Date: September 21, 2021 Item Number: 7.f Attachment(s): 2021-09-04 Vickie Taylor - Retirement 50 years Reviewed By: SUMMARY: Vickie Taylor was hired as an Assistant Professor of Sociology at Danville Community College and served from 1971 until 2021. She served as DCC’s representative on the Chancellor’s Faculty Advisory Committee for many years and she had various other great accomplishments throughout her career. The Board expresses their sincere appreciation to Taylor for her noble dedication towards the education of County citizens and congratulate her on her well-deserved retirement. For the Board’s review and consideration, Resolution # 2021-09-04, evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-09-04, honoring Vickie Taylor’s retirement, as presented. MOTION: “I make a Motion to adopt Resolution # 2021-09-04, honoring Vickie Taylor’s retirement, as presented.” 7.f Packet Pg. 32 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS __________________________________________________________________________________________ RESOLUTION # 2021-09-04 __________________________________________________________________________________________ RESOLUTION HONORING VICKIE TAYLOR’S RETIREMENT __________________________________________________________________________________________ The following Resolution was adopted at the Pittsylvania County Board of Supervisors’ (“Board”) Regular Business Meeting on September 21, 2021: WHEREAS, in 1971, Vickie Taylor (“Taylor”) was hired as an Assistant Professor of Sociology at Danville Community College’s (“DCC”), serving DCC from 1971 until 2021; and WHEREAS, she was the first Student Activities Leader; and WHEREAS, Taylor served as DCC’s representative on the Chancellor’s Faculty Advisory Committee for many years; and WHEREAS, she has also been a long-time advisor for the College’s Upsilon Phi Chapter of International Honor Society Phi Theta Kappa winning numerous awards for her leadership and the work of the students, which are all from the City of Danville, Halifax County, and Pittsylvania County; and WHEREAS, Taylor led the charge with Phi Theta Kappa members for Lee Denim Day yearly, where money was collected for the Susan G. Komen Breast Cancer Foundation; and WHEREAS, Taylor was also the recipient of the 2005 Outstanding Faculty of the Year Award, which was voted on by her peers; and WHEREAS, during the DCC Educational Foundation Board Meeting on May 17, 2021, Taylor was recognized for fifty (50) years of service at DCC, and it was announced that the DCC Educational Foundation had established the Vickie Holland Taylor Professional Development Fund in her honor to provide funding for DCC faculty professional development needs during the 2021-2022 Academic Year; and NOW THEREFORE, BE IT RESOLVED that the Board expresses their sincere appreciation to Taylor for her noble dedication of time towards the education of County citizens and congratulate her on her well-deserved retirement. Adopted this 21st day of September, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.f.a Packet Pg. 33 Attachment: 2021-09-04 Vickie Taylor - Retirement 50 years (2733 : Resolution # 2021-09-04 (Honoring Vickie Taylor, Retirement, 50 Years) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-09-05 (Honoring Evonda Thornton; Retirement, 31 Years) Adoption (Supervisor Ingram) Staff Contact(s): Supervisor Ingram Agenda Date: September 21, 2021 Item Number: 7.g Attachment(s): 2021-09-05 Evonda Thornton - Retirement 31 years Reviewed By: SUMMARY: Evonda Thornton (“Thornton”) was hired as Danville Community College’s Education Support Specialist III in the Office of Admissions in October 1989 and served through 2021. Thornton was the recipient of the 2005 Outstanding Classified Staff Award, and she is also the Past Chair of the Classified Staff Steering Committee. The Board expresses its sincere appreciation to Thornton for her noble dedication of time towards the education of County citizens and congratulates her on her well-deserved retirement. For the Board’s review and consideration, Resolution # 2021-09-05, evincing the same, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-09-05 honoring Evonda Thornton’s retirement as presented. MOTION: “I make a Motion to adopt Resolution # 2021-09-05 honoring Evonda Thornton’s retirement as presented.” 7.g Packet Pg. 34 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS __________________________________________________________________________________________ RESOLUTION # 2021-09-05 __________________________________________________________________________________________ RESOLUTION HONORING EVONDA THORNTON’S RETIREMENT __________________________________________________________________________________________ The following Resolution was adopted at the Pittsylvania County Board of Supervisors’ (“Board”) Regular Business Meeting on September 21, 2021: WHEREAS, Evonda Thornton (“Thornton”) was hired as Danville Community College’s (“DCC”) Education Support Specialist III in the Office of Admissions in October 1989 and served through 2021; and WHEREAS, Thornton was the recipient of the 2005 Outstanding Classified Staff Award, which was chosen by her peers; and WHEREAS, she is also the Past Chair of the Classified Staff Steering Committee; and WHEREAS, Thornton was also the recipient of the Fred Lloyd, III, Memorial Award presented by the Alliance for Excellence; and WHEREAS, Thornton was a graduate of the Leadership Southside Program and served thirty-one (31) years at DCC. NOW THEREFORE, BE IT RESOLVED that the Board expresses their sincere appreciation to Thornton for her noble dedication of time towards the education of County citizens and congratulates her on her well-deserved retirement. Adopted this 21st day of September, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.g.a Packet Pg. 35 Attachment: 2021-09-05 Evonda Thornton - Retirement 31 years (2735 : Resolution # 2021-09-05 (Honoring Evonda Thornton; Retirement, 31 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-09-06 (Chatham Sidewalks Project Funding) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 21, 2021 Item Number: 7.h Attachment(s): 2021-09-06 Chatham Sidewalks Project Reviewed By: SUMMARY: There is currently a .5-mile section of Main Street on the outskirts of Chatham, Virginia, located in the County, from Chatham Elementary Lane to Friendship Lane, that does not contain a sidewalk. The Virginia Department of Transportation estimates that installing sidewalks for this project will cost approximately $566,448, and the County has no funding currently available or allocated for this project. The Board, under Supervisor Miller’s direction and leadership, is directing County Staff to seek any and all grant funding to potentially complete this project and report its findings back to the Board. For the Board’s review and consideration, attached is Resolution # 2021-09-06, evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2021-09-06, supporting County Staff seeking grant funding for the Chatham Sidewalk Project as presented. MOTION: “I make a Motion to approve Resolution # 2021-09-06, supporting County Staff seeking grant funding for the Chatham Sidewalk Project as presented.” 7.h Packet Pg. 36 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ______________________________________________________________________________ RESOLUTION # 2021-09-06 ______________________________________________________________________________ SUPPORT OF COUNTY STAFF SEEKING GRANT FUNDING FOR CHATHAM SIDEWALK PROJECT ______________________________________________________________________________ The following Resolution was adopted at the Pittsylvania County Board of Supervisors’ (“Board”) Regular Business Meeting on September 21, 2021: WHEREAS, sidewalks promote walkability that enhance citizens’ health, safety, and welfare; and WHEREAS, the Board is statutorily obligated to protect and promote the health, safety, and welfare of the citizens of Pittsylvania County, Virginia (“County”); and WHEREAS, there is currently a .5 mile section of Main Street on the outskirts of Chatham, Virginia, located in the County, from Chatham Elementary Lane to Friendship Lane, that does not contain a sidewalk; and WHEREAS, the above section of road without sidewalks will be known for purposes of this Resolution as the Chatham Sidewalk Project (“CSP”); and WHEREAS, the Virginia Department of Transportation (“VDOT”) estimates that installing sidewalks for the CSP will cost approximately $566,448; and WHEREAS, VDOT has indicated that the above estimate may be much higher, if utilities are required to be relocated; and WHEREAS, the County has no funding currently available or allocated for the CSP. NOW THEREFORE, BE IT RESOLVED that the Board, under Supervisor Miller’s leadership and direction, directs County Staff to seek any and all grant funding to potentially complete the CSP and report its findings back to the Board. Adopted this 21st day of September, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.h.a Packet Pg. 37 Attachment: 2021-09-06 Chatham Sidewalks Project [Revision 1] (2738 : Resolution # 2021-09-06 (Chatham Sidewalks Project Funding) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-09-07 (Collective Bargaining of Public Employees) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 21, 2021 Item Number: 7.i Attachment(s): 2021-09-07 Collective Bargaining Reviewed By: SUMMARY: Effective May 1, 2021, Virginia Code § 40.1-57.2 vests the governing body of a locality with the authority to pass a Resolution establishing its policy concerning collective bargaining and the Board has determined the need for collective bargaining with its employees to be unwarranted. The Board also deems it to be in the best interest of the County and its employees to make it known that it does not support collective bargaining. Furthermore, the County has determined that it will recognize any labor union or other employee association as a bargaining agent of any public officers or employees and will not collectively bargain or enter any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service. For the Board’s review and consideration, Resolution # 2021-09-07, attached, evinces the same. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-09-07 regarding Collective Bargaining of Public Employees as presented. MOTION: “I make a Motion to adopt Resolution # 2021-09-07 regarding Collective Bargaining of Public Employees as presented.” 7.i Packet Pg. 38 RESOLUTION # 2021-09-07 ______________________________________________________________________________ RESOLUTION REGARDING COLLECTIVE BARGAINING OF PUBLIC EMPLOYEES ______________________________________________________________________________ The following Resolution was adopted at the Pittsylvania County Board of Supervisors (“Board”) Business Meeting on September 21, 2021: WHEREAS, Pittsylvania County, Virginia (“County”), values its employees and has a long history of providing competitive wages and benefits; and WHEREAS, effective May 1, 2021, Virginia Code § 40.1-57.2 vests the governing body of a locality with the authority to pass a resolution establishing its policy concerning collective bargaining; and WHEREAS, the Board has determined the need for collective bargaining with its employees to be unwarranted; and WHEREAS, the Board also deems it to be in the best interest of the County and its employees to make it known that it does not support collective bargaining. NOW THEREFORE BE IT RESOLVED by the Board that the County will not recognize any labor union or other employee association as a bargaining agent of any public officers or employees and will not collectively bargain or enter any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service. Given and adopted under my hand this 21th day of September, 2021. _____________________________________ Robert (“Bob”) W. Warren Chairman Pittsylvania County Board of Supervisors ATTEST: _____________________________________ David M. Smitherman Clerk Pittsylvania County Board of Supervisors 7.i.a Packet Pg. 39 Attachment: 2021-09-07 Collective Bargaining (2739 : Resolution # 2021-09-07 (Collective Bargaining of Public Employees) Adoption (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2021-09-08 (Appreciation of White Oak Worship Center's Music Festival Logistical Support) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: September 21, 2021 Item Number: 7.j Attachment(s): 2021-09-08 White Oak Worship Center Appreciation Reviewed By: SUMMARY: The County hosted the Blue Ridge Rock Festival from September 9, 2021, through September 12, 2021. White Oak Worship Center extended an invitation to allow the County and the County’s to use its Conference Room as the Unified Command Center for the duration of the festival, and it was furnished with kitchen equipment, and everything needed to sustain the operation. Throughout the week Church Members delivered snacks, water, soft drinks, coffee, and even meals for the workers. The Board sends it sincerest appreciation to White Oak Worship Center for its willingness to help where needed, and for opening their Church and hearts to the needs of the County on behalf of the Blue Ridge Rock Festival. For the Board’s review and consideration, Resolution # 2021-09-08, evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2021-09-08 in appreciation of White Oak Worship Center’s music festival logistical support as presented. MOTION: “I make a Motion to adopt Resolution # 2021-09-08 in appreciation of White Oak Worship Center’s music festival logistical support as presented.” 7.j Packet Pg. 40 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS _________________________________________________________________________ RESOLUTION # 2021-09-08 _____________________________________________________________________________________ WHITE OAK WORSHIP CENTER’S MUSIC FESTIVAL LOGISTICAL SUPPORT APPRECIATION _____________________________________________________________________________________ The Pittsylvania County Board of Supervisors (“Board”) adopted the following Resolution at its Business Meeting on September 21, 2021: WHEREAS, the Blue Ridge Rock Festival was held from September 9, 2021, through September 12, 2021; and WHEREAS, White Oak Worship Center extended an invitation to allow the County to use its Conference Room as the Unified Command Center for the duration of the festival, and it was furnished with kitchen equipment and everything needed to sustain the operation; and WHEREAS, throughout the week Church Members delivered snacks, water, soft drinks, and coffee, and on several days, they cooked and delivered both lunch and dinner for the workers, as well as prayed for a safe event for all; and WHEREAS, Security Team Members were there until late in the night, early morning each day assisting with needs, and they also helped with bus parking and assisting the festival attendees who were walking; and WHEREAS, after all their efforts and hard work, they would not accept any reimbursement for the use of their room or utilities; and WHEREAS, Pastor Roger Ewing, White Oak Worship Center’s Security Team, and their Church family were the kindest hosts and were a true Christian example of what we should all be about; and THEREFORE, BE IT HEREBY RESOLVED, that the Board sends it sincerest appreciation to White Oak Worship Center for its willingness to help where needed, and for opening their Church and hearts to the needs of the County on behalf of the Blue Ridge Rock Festival. Adopted this 21st day of September, 2021. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.j.a Packet Pg. 41 Attachment: 2021-09-08 White Oak Worship Center Appreciation (2737 : Resolution # 2021-09-08 (Appreciation of White Oak Worship Center's Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Certificate of Recognition (63 Years of Marriage) Approval (Mr. and Mrs. James Thornton); (Supervisor Ingram) Staff Contact(s): Supervisor Ingram Agenda Date: September 21, 2021 Item Number: 7.k Attachment(s): THORNTON CERTIFICATE Reviewed By: SUMMARY: Mr. and Mrs. James Thornton, lifelong residents of the Cascade Community, have celebrated sixty-three (63) years of marriage. Supervisor Ingram desires to recognize them and the Board would like to congratulate them on this amazing milestone. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Certificate of Recognition honoring Mr. and Mrs. Thornton’s 63rd wedding anniversary as presented. MOTION: “I make a Motion to approve the Certificate of Recognition honoring Mr. and Mrs. Thornton’s 63rd wedding anniversary as presented.” 7.k Packet Pg. 42 7.k.aPacket Pg. 43Attachment: THORNTON CERTIFICATE (2727 : Certificate of Recognition (63 Years of Marriage) Approval Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Climax Volunteer Fire Department's Use of County Public Safety Capital Reserves Fund Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: September 21, 2021 Item Number: 7.l Attachment(s): Climax request for capital reserve Aug 2021 Reviewed By: SUMMARY: The County maintains a Capital Reserve Fund (“CRF”) for Volunteer Agencies which have an unforeseen financial need. The FRC has the responsibility of hearing any request for CRF use and then making a related recommendation to the Board. As evinced by the attached, Climax Fire Department (“Climax”) has requested CRF funding for an unforeseen 1999 Freightliner Fire Truck (“Truck”) engine failure. Climax has submitted evidence that the Truck was properly maintained. It has also submitted evidence of financial need. The cost to repair the Truck is $6,886.43. The current policy allows for an agency to receive up to $,4000 from the CRF, if approved by the Board. The FRC reviewed this request at its August FRC Meeting, and unanimously voted to recommend to the Board that this request be approved. FINANCIAL IMPACT AND FUNDING SOURCE: The CRF has adequate funds to cover Climax’s request. RECOMMENDATION: County Staff recommends the Board follow the FRC’s request and award Climax $4,000 for the Truck engine from the County’s CRF. MOTION: “I make a Motion to award Climax $4,000 for the Truck engine from the County’s CRF.” 7.l Packet Pg. 44 7.l.a Packet Pg. 45 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 46 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 47 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 48 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 49 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 50 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 51 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 52 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 53 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 54 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital 7.l.a Packet Pg. 55 Attachment: Climax request for capital reserve Aug 2021 (2752 : Climax Volunteer Fire Department's Use of County Public Safety Capital Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Redistricting Project Contract Award (ARCBridge Consulting & Training, Inc.) Ratification Staff Contact(s): Dave Arnold Agenda Date: September 21, 2021 Item Number: 7.m Attachment(s): ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 Reviewed By: SUMMARY: To facilitate an objective and expeditious legally required decennial redistricting process and using cooperative procurement language in Prince William County, Virginia’s Request for Proposals (“RFP”) for redistricting services, County Staff requested a proposal from ARCBridge Consulting & Training, Inc. (“ArcBridge”), to update the County’s local election districts and polling precincts. For the Board’s review and consideration, attached is the proposal prepared by ARCBridge in response to the County’s RFP for Redistricting Consultant Services (“Redistricting Contract”). Due to timing constraints, County Staff has executed the Redistricting Contract as attached and presented. FINANCIAL IMPACT AND FUNDING SOURCE: $72,055 (currently budgeted). RECOMMENDATION: County staff recommends the Board ratify the execution of the Redistricting Contract as attached and presented. MOTION: “I make a Motion to ratify the execution of the Redistricting Contract as attached and presented.” 7.m Packet Pg. 56 ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 Page 1 ARCBridge CONSULTING & TRAINING INC. ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services 8/18/2021 21515 Ridge Top Circle, Suite 290 Sterling VA 20166 - www.arcbridge.com 703-834-6511 703-834- 6514(f) Attn: Sam Mathur, sam@arcbridge.com, Mr. Dave Arnold Dave Arnold Assistant County Administrator County Administration 1 Center Street P.O. Box 426 Chatham, VA 24531 Dave.Arnold@pittgov.org www.pittsylvaniacountyva.gov 7.m.a Packet Pg. 57 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 ii Contents 1. Understanding the County's Requirements ....................................................................... 2 2. Approach & Workplan ........................................................................................................ 3 Workplan ............................................................................................................................ 6 3. Management Plan and Timetable....................................................................................... 7 4. Project Team Qualifications and Experience ...................................................................... 7 5. Project Cost: ........................................................................................................................ 9 7.m.a Packet Pg. 58 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 Page 1 8/20/2021 Mr. Dave Arnold, Pittsylvania County 1 Center Street P.O. Box 426 Chatham, VA 24531 Dear Mr. Arnold, ARCBridge Consulting & Training, Inc. (ARCBridge) is pleased to offer its proposal for Redistricting Consultant Services for Pittsylvania County Virginia. ARCBridge is a Loudoun County, Virginia based business in close proximity to Pittsylvania County. Incorporated in 1994, ARCBridge has been in business for over 25+ years and has extensive experience working on several redistricting projects since the 2000 Census. Our current team has provided redistricting services throughout the country including many jurisdictions in Virginia. We have been very successful in gathering public input, communicating with client Project Managers, Redistricting Committees, community outreach, and have been able to create plans with very low maximum deviations even under 1%. ARCBridge has the experience that county is looking for and we have fully trained staff available to provide all the required services in a very timely fashion. I encourage you to call our references and talk to them about our reliability and our passion to get things done in time and with guaranteed results. We look forward to the possibility of working with you on this project in the near future. Sincerely, Sam Mathur sam@arcbridge.com ARCBridge Consulting & Training, Inc. 21515 Ridge Top Circle Suite 290 Sterling VA 20166 (703) 834-6511 (703) 834-6514 Fax 21515 Ridge Top Circle Suite 290 Sterling VA 20166 7.m.a Packet Pg. 59 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 2 1. Understanding the County's Requirements ARCBridge understands that the County is looking for a redistricting consultant who can draw balanced electoral districts based on the 2020 Census data. In the table below, we highlight ARCBridge’s qualification and experience related to redistricting requirements. ARCBridge Qualifications ARCBridge Expertise and Experience 1. Successfully acting as a consultant to local jurisdictions with their electoral redistricting efforts throughout the process, from inception to adoption. ARCBridge has the expertise, the county is looking for. Currently providing similar services to the County of Miami Dade FL, County of Los Angeles and other jurisdictions. Provided similar services to several cities/counties/special districts in 2011 2. Knowledge of local, state and federal statues and court decisions relative to legislative district boundaries and representation, to include but not limited to the Federal Voting Rights Act and the Voting Rights Act of Virginia. ARCBridge staff has been providing redistricting services since 1990 Census. We fully understand the Federal State and local statues pertaining to redistricting. Our Proposed Technical Manager has worked at the US Department of Justice, Civil Rights Division, Voting Section where she assisted attorneys in evaluating the redistricting plans 3. Analyzing statistical, demographic and census data ARCBridge has developed its own tool, DISTRICTSolv, for redistricting. The tool allows for statistical and demographic analysis 4. Mapping/drawing and balancing electoral districts. ARCBridge uses ArcGIS and DISTRICTSolv for mapping and analysis 5. Creating graphics and reporting capabilities to portray alternative redistricting proposals clearly and concisely. ARCBridge has developed standard district summary reports which are generated in DISTRICTSolv 6. Creating graphics and reporting capabilities to portray alternative redistricting proposals clearly and concisely. ARCBridge’s DISTRICTSolv uses the graphic and reporting capabilities of ArcGIS to display current and alternate districts in a map and in reports. 7. Explaining complex topics to others who may be unfamiliar in the subject matter. ARCBridge Consulting has been providing training services since 1997. Ms. Mathur has been a certified trainer for Esri software products. 8. Presenting information in a public setting such as a Board of County Supervisors meeting. ARCBridge has been making presentation to the board since 2011 9. Creating and implementing a robust public engagement plan ARCBridge has worked with jurisdictions to create a public engagement plan by attending and presenting in public meetings at all supervisory districts; making the public aware of the redistricting procedures, data and criteria 10. Providing online tools that empower the public and the Board of County of Supervisors to virtually interact in the process. ARCBridge has worked with Esri Redistricting Application and other third-party tools that allow the creation of plans in a user-friendly manner. We also load the plans onto an ArcGIS Online interface where the Board and the community can interactively analyze the data and the plans. 7.m.a Packet Pg. 60 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 3 2. Approach & Workplan Here is our understanding of the tasks and our approach. Must be objective and non-partisan. ARCBridge is an independent corporation providing redistricting services in a non-partisan way. ARCBridge is not affiliated with any political party or political organization. Work closely with county staff to ensure all required administrative boundaries in the redistricting process are considered and spatially accurate. ARCBridge uses census geography at the block level, local county data, existing boundaries in ArcGIS to create spatially accurate boundaries. Our boundaries are based on the Census geographies Immediately establish a timeline of the project to include public hearings, community outreach and other legal requirements of the redistricting process. Upon award, ARCBridge will work with the County staff to create a timeline based on Pittsylvania County requirements. The timeline will include public hearings, community outreach events. ARCBridge will need the support of PITTSYLVANIA COUNTY to develop this timeline. Once approved, the County staff will post it on the County Redistricting website. We will prepare PowerPoint presentations which will include the standard redistricting requirements and other legal requirements based on the state of Virginia and local county redistricting mandates. The redistricting criteria as adopted by PITTSYLVANIA COUNTY includes - • Population Equality: All districts will be drawn such that they are as equal in population as possible. The maximum deviation will not be more than 5%. • The districts shall be compact and contiguous. Use Census blocks as building blocks • As per Voting Rights Act, Minority vote will not be diluted. Minority populations will be fairly represented such that the minorities will not be ‘packed’ into a district or ‘cracked’ into more than one district to dilute the minority voting power. • Communities of Interest will be identified and all attempts will be made to keep them in one district as long as the population and other criteria are met. • attempts will be made to avoid splitting neighborhoods, where possible, without violating the other requirements. • Districts should be politically fair • Incumbents’ residences will be included in the district • And conform to the federal Voting Rights Act (VRA), Virginia VRA and other local applicable laws Prepare and implement robust public engagement plan for entire life cycle of the project. Our public engagement plan includes the following – • Educating the community on the redistricting process, data, and timeline – preparing PowerPoints to be posted on the county redistricting website; 7.m.a Packet Pg. 61 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 4 • Setting up public hearings in each district to gather information on communities of interest and issues with current districts • Share 2020 Census data and Census geography with the community • Share alternate plans created using 2020 Census Data and obtain feedback from the community • Provide the county with 2020 Census data summary; block maps for the community to review. These maps and reports will be provided as pdf maps • ARCBridge can set up an ArcGIS online site (to be connected from the County’s redistricting website) where the community can interactively view the plans • Update the plans as per the feedback received via meetings as well as via emails. • The County’s redistricting website is an integral part in keeping the public informed. Actively participate in all meetings and public hearings scheduled by the Board of County Supervisors that address the redistricting process. Meetings may be scheduled both virtually and in person. ARCBridge has been using zoom/MS Teams for over a year now. These tools provide robust capabilities and the advantage of attending the meetings from the comfort of your home. We will attend virtual and in-person meetings as required and as permitted by local rules and regulations. Upon receipt of the 2020 United States Census data, analyze and provide data summary files to the Board of County Supervisors, staff and public. The 2020 PL94-171 demographic data was released on Aug 12th in legacy format. Our team has downloaded the file from the Bureau of Census website and processed it to create a database with total and voting age population by race and ethnicity. The table below shows the variables that will be used for redistricting. Total Population Voting Age Population Total Population Total Voting Age Population Hispanic Voting Age Hispanic Non Hispanic White Voting Age White Non Hispanic Black Voting Age Non Hispanic Black Non Hispanic Asian Voting Age Non Hispanic Asian Non Hispanic Hawaiian/Pacific Islander Voting Age Non Hispanic Hawaiian/Pacific Islander Non Hispanic Native Americans Voting Age Non Hispanic Native Americans Non Hispanic Other Voting Age Non Hispanic Other Non Hispanic Persons of 2 or more Races Voting Age Non Hispanic Persons of 2 or more Races We have already processed the 2020 data ARCBridge will create an AS-IS map using the 2020 districts with 2020 data to determine the changes that need to be made in the districts. We will calculate the Ideal Population and create color-coded maps to determine the districts which have more than the ideal population ( in red) and less than the ideal population in green as shown on the right-hand side map. 7.m.a Packet Pg. 62 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 5 Develop necessary redistricting databases and provide required software and hardware for production of redistricting maps. ARCBridge will use its own hardware and software for creating plans and maps. ARCBridge will use ArcGIS and DISTRICTSolv software and apply the redistricting criteria as adopted by the County. The County will provide existing districts in electronic format – shapefile format. Propose new district boundaries to the Board of County Supervisors based on criteria set by the board, state and federal law, and the board's desire to consider maps with seven magisterial districts. Using ArcGIS, DISTRICTSolv and Census 2020 at block level, ARCBridge proposes to create up to 3 alternate plans with 7 districts. ARCBridge will evaluate the 2020 census data and make all efforts to preserve the one minority-majority district. All plans will conform to the County redistricting criteria. Be receptive to feedback and make modifications to the draft district boundary maps based on input from the Board of County Supervisors and community. All alternative plans will be posted on the county redistricting website. The community and the Board will provide input via email. The county will consolidate the comments in a spreadsheet. ARCBridge will review the comments and incorporate into the plans as long as they conform to the redistricting criteria Assist the Board of County Supervisors, County Attorney's Office and county staff as may be required in all facets of developing and adopting the final district boundary map. ARCBridge will assist in recommending the final district boundary map. We will prepare maps and reports. Prepare updated polling precinct GIS polygon layer based on guidance and information from federal, state, and county government sources. The County will provide current precincts in digital shapefile format and guidance on how the new precincts will be drawn. Provide spreadsheet of road segments with associated address range, polling precinct, state senate, house of delegate, and county election district information. After the precincts are completed, ARCBridge will provide a street report with address ranges with precinct information. The state senate and house districts may not be available in time. Upon adoption of the new districts, furnish detailed geographic descriptions of all new boundaries to meet state and federal submission requirements. ARCBridge will prepare digital maps, provide a block-equivalency file and a detailed geographic description. 7.m.a Packet Pg. 63 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 6 Workplan Our workplan is based on the delayed PL94-171 census data release and hence the compressed schedule. ARCBridge will process the data when it becomes available in legacy format. We will use our DISTRICTSolv to start doing the AS-IS analysis and creating alternate plans. We will work closely with the county to develop a robust community outreach plan. Our team is experienced and has been working together for more than 10 years. 1. Obtain relevant data from the County - This may include current districts, precincts, residence of current incumbents, streets and other reference layers in ArcGIS format. ARCBridge will be able to download most of the layers from the county website. However, the County will identify layers to be used as reference layers. Within 2 weeks of award 2. Develop a project timeline - ARCBridge will work with the County Staff to develop a timeline. The timeline will include community outreach plan. Time – Within 2 weeks of award 3. Receive and Analyze Census Data – ARCBridge will process the data and provide a report to the County. Our team will analyze the current districts and assess how the districts should be balanced. We will review the Maximum Deviation and analyze the racial composition of the county. Time – Within 2 weeks of data release 4. Run scenarios, create maps – ARCBridge will use the redistricting criteria to develop up to 3 alternate plans. ARCBridge will need to have meetings with county staff to gather input from the county. The County should develop a redistricting website for the community. We will provide maps and plans to be posted for public comment Time – 3 weeks 5. Community Outreach –We will plan meetings with the county staffs to share the redistricting plans and gathering community comments and inputs. With technology available, these meetings could all be done virtually or a combination of in-person and virtual. The community will be able to send their comments/feedback via email. The county will provide the comments in an excel format. Time – September – October 6. Adjust maps - ARCBridge will review the comments and include them in the revisions to draft plans and provide to the County. ARCBridge will prepare maps and reports and ensure that all the redistricting criteria is met. Time – October-November 7. Final Maps and report: The Board will review the plans and adopt one final map. Upon adoption ARCBridge will provide all reports and digital copies of the final district maps. December 2021 8. Precincts – We will work on precincts, soon after the district plan is accepted. 9. Street Range Report – We will prepare the street report soon after the precincts are finalized. 7.m.a Packet Pg. 64 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 7 3. Management Plan and Timetable ARCBridge’s management plan includes ready, experienced resources to get started soon after award and as soon as the data arrives. We have the software in place – DISTRICTSolv Our Program Manager and Project Manager will keep in constant contact with the County staff. We will work with ARCBridge and County schedules to ensure that the alternate plans and final plans are submitted to the county as per our timeline. 4. Project Team Qualifications and Experience Sam Mathur is a Principal at ARCBridge Consulting. Mr. Mathur has a MS. in Information Systems from Virginia Tech and has over 25 years of management and technical experience. Mr. Mathur has successfully managed most of ARCBridge projects over the last 20 years. Mr. Mathur will serve as the overall Program Manager. He will be responsible for all contractual matters. He has the overall responsibility for staff allocation, schedules, and responsibility to complete the project accurately on- time and within budget. Ms. Priti Mathur is a Principal at ARCBridge Consulting. She has over 30 years of GIS consulting, application development and Database experience. She leads the Consulting & software development team at ARCBridge. She has extensive experience working with Census demographic and spatial data, leading the ARCBridge team in a nation-wide Metropolitan Areas delineation project conducted for the Bureau of Census, Population Division. Ms. Mathur has worked for over 5 years at the Department of Justice (DOJ), Civil Rights Division where she worked with DOJ Attorneys in helping them assess the redistricting plans submitted by jurisdictions. Ms. Mathur has presented several papers at professional conferences. She holds a Masters in Geography from Virginia Tech, Blacksburg, VA (1989). Ms. Mathur will lead the redistricting effort as ARCBridge’s Technical Manager. All ARCBridge staff will be reporting to her. Ms. Mathur will be the technical point of contact. She will attend meetings, gather input and prepare and present alternate redistricting proposals. Mr. Michael Burgess has over 10 years of experience in processing Census data, using ArcGIS 10.x and developing maps and reports. He will assist in processing the Census block files, PL94-171 data, preparing plans, maps and reports. He has assisted Ms. Mathur with all the redistricting projects in 2011 and the school and city redistricting projects from 2011 – 2020. Sam Mathur Overall Program Manager Priti Mathur Technical Manager Michael Burgess Redistricting Analyst Lesley Bardalez QA/QC/Public feedback analyst Admin Support 7.m.a Packet Pg. 65 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 8 Lesley Romeo Bardalez Lesley Supports creation of alternate plans: Prepares pros and cons for the alternate boundaries: Helps prepare maps for public meetings: QA/QCs the data; analyzes public comments. She holds a BA in Biology from George Mason University (2015). 7.m.a Packet Pg. 66 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 9 5. Project Cost: Resource Hourly Rates--> $150.00 $250.00 $150.00 $120.00 $90.00 $55.00 Invoicing Tasks/Resource Program Manager Project Manager Redistricting Analyst I Redistricting Analyst II Q/C Admin Total Price 1. Obtain relevant data from the County - 4 6 8 2 2 1 $3,775.00 2. Develop a project timeline - 8 8 $3,200.00 3. Receive and Analyze Census Data – Create As-is Plans and District reports 2 12 10 4 2 1 $5,515.00 4. Run scenarios, create maps – Develop 3 Options 8 30 20 10 4 2 $13,370.00 5. Support Community Outreach virtually 12 12 12 8 8 8 $8,720.00 6. Adjust maps - 4 20 20 1 $8,655.00 6. In-person presentation at Board Public hearing - 10 10 0 0 $4,000.00 7. Prepare updated polling precinct GIS polygon layer based on guidance and information from federal, state, and county government sources 4 12 40 16 5 4 $12,190.00 8. Provide spreadsheet of road segments with associated address range, polling precinct, state senate, house of delegate, and county election district information. PLEASE NOTE SOME OF THE REQUESTED INFORMATION MAY NOT BE AVAILABLE 1 8 20 16 2 1 $7,305.00 9. Final Maps and 2 8 16 4 1 1 $5,325.00 7.m.a Packet Pg. 67 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract ARCBridge’s RESPONSE TO PITTSYLVANIA COUNTY For Redistricting Consultant Services ARCBridge Consulting and Training Inc. 21515 Ridge Top Circle, Suite 290, Sterling VA 20166 - 703-834-6511 10 Redistricting report: Estimated Hours by Resources 60 136 146 60 24 20 Total Project Cost $72,055.00 Additional /Optional Items Additional Plans -Each (3 included in price) $4,000.00 Additional Virtual Board/Community meetings (up to 4 included in price above)-Each $2,000.00 Additional Services -by hourly rates above 7.m.a Packet Pg. 68 Attachment: ARCBridge Response to Pittsylvania for REDISTRICTING CONSULTANT SERVICES-8-24 (2760 : Redistricting Project Contract Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Approval of FY2022 Capital Improvements Projects (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 21, 2021 Item Number: 7.n Attachment(s): Capital Fund CIP Landfill Fund CIP Reviewed By: SUMMARY: At the end of each Fiscal Year, the outstanding Projects located in the Capital Improvements Fund (Fund 310) are reviewed to determine the adjustments that are needed in the upcoming Fiscal Year. An outline of the Projects for FY2022, totaling $2,473,430.28, are attached for your review. There are several items that require an approval by Board that have not previously been approved by the Board. These changes include an appropriation of the following: • $3,815.00 from remaining Public Safety volunteer contributions to the Fire and Rescue Capital Reserve Fund (310-4-094135-810215) • $45,000.00 amount received from the sale of Rescue 1. This amount needs to be appropriated to Fire & Rescue Apparatus (310-4-094135-810512) • $1,000.00 amount of earnest money returned from the potential purchase of property needs to be appropriated to New Jail Construction (310-4-094150-81861) • $49,815.00 TOTAL APPROPRIATION Also included is an outline of Capital Improvements Projects for the Landfill Fund (Fund 520) for FY2022. The total of these Projects for FY2022 is $8,733,785.99. Additional adjustments may be needed based on the upcoming financing. These changes will be brought back for approval after these costs have been finalized. FINANCIAL IMPACT AND FUNDING SOURCE: A total of $3,815 will need to be transferred from the General Fund (Fund 100) to the Capital Improvements Fund (Fund 310). The remaining $46,000 already exists in Fund 310. Therefore, no additional funds are required. RECOMMENDATION: 7.n Packet Pg. 69 County Staff recommends the attached Capital Improvements reports be approved along with approval of the outlined appropriations listed above. MOTION: “I make a Motion to approve the Capital Improvements Projects for Fund 310 and Fund 520 for FY2022 and that a budget amendment of $49,815.00 be appropriated to Fund 310 as outlined above.” 7.n Packet Pg. 70 BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-21 BALANCE COMPUTER - CAPITAL OUTLAY - 094100 310-4-094100-8117 COMPUTER ACCESSORIES - 310-4-094100-8118 FINANCIAL MGT SYSTEM 17,585.13 17,585.13 C/O 310-4-094100-81181 HR SOFTWARE 28,800.00 74,930.00 C/O 310-4-094100-81182 WEBSITE DEVELOPMENT 10,000.00 20,000.00 C/O 310-4-094100-8121 IT SERVER/NETWORK UPGRADE 10,000.00 10,000.00 NEW TOTAL COMPUTER - CAPITAL OUTLAY - 094100 66,385.13 122,515.13 BUILDING AND GROUNDS - CAPITAL OUTLAY - 094130 310-4-094130-81481 ANIMAL SHELTER CONSTRUCTION - 310-4-094130-8158 BUILDING & GROUNDS IMPROVEMENTS 1,428,277.39 990,039.89 C/O TOTAL - BLDG AND GROUNDS - CAPITAL OUTLAY - 094130 1,428,277.39 990,039.89 FIRE & RESCUE - CAPITAL OUTLAY - 094135 310-4-094135-8102 MEDICAL EQUIPMENT 21,729.03 21,729.03 10,000 NEW, 11,729.03 C/O 310-4-094135-81021 SCBA PACKS & ACCESSORIES 18,034.77 18,034.77 18,034.77 C/O 310-4-094135-810211 SCBA CYLINDER REPLACEMENT 51,704.73 51,704.73 10,000 NEW, 41,704.73 C/O 310-4-094135-810212 PERSONAL PROTECTIVE EQUIPMENT 17,806.81 17,806.81 9,000 NEW, 8,806.81 C/O 310-4-094135-810215 FIRE & RESCUE CAPITAL RESERVE 41,774.72 49,417.02 41,774.72 C/O, 7,642.30 NEW 310-4-094135-81022 TRAINING CENTER EQUIPMENT 31,081.60 31,081.60 10,000 NEW, 21,081.60 C/O 310-4-094135-81051 FIRE ENGINE - VOLUNTEER - - 310-4-094135-810511 AMBULANCE - VOLUNTEER - - 310-4-094135-810512 FIRE & RESCUE APPARATUS 431,995.00 476,995.00 160,000 NEW, 271,995 C/O, $45K-RESCUE 1 310-4-094135-8132 SPECIAL OPS CAPITAL EQUIP 25,000.00 25,000.00 NEW 310-4-094135-9100 TRANSFER TO OTHER FUNDS - - TOTAL - FIRE & RESCUE-CAPITAL OUTLAY-094135 639,126.66 691,768.96 COMMUNITY & IND DEV - CAPITAL OUTLAY - 094150 310-4-094150-8186 COURTHOUSE FACILITY/JAIL STUDY 159,601.30 159,601.30 C/O 310-4-094150-81861 NEW JAIL CONSTRUCTION (1,000.00) - $1K returned for Jail Land 310-4-094150-81862 COMMUNITY BASED CORRECTION PLAN STUDY 100,000.00 100,000.00 C/O 310-4-094150-819175 VOTING EQUIPMENT (217,252.50) - 310-4-094150-819188 SCHOOL PARKS IMPROVEMENT MATCH - 310-4-094150-819189 WAYSIDE PARK IMPROVEMENTS - 310-4-094150-819190 GRETNA LIBRARY RENOVATIONS 121,200.00 200,000.00 C/O 310-4-094151-819191 REDISTRICTING - 76,055.00 C/O 310-4-094150-9100 TRANSFERS TO OTHER FUNDS - TOTAL - COMMUNITY & IND DEV - CAPITAL OUTLAY - 094150 162,548.80 535,656.30 PARKS & RECREATION - CAPITAL OUTLAY - 094175 310-4-094175-8102 RECREATION EQUIPMENT 26,500.00 26,500.00 11,500 NEW, 15,000 C/O 310-4-094175-819188 SCHOOL PARKS IMPROVEMENTS 30,000.00 30,000.00 15,000 NEW, 15,000 C/O 310-4-094175-819189 WAYSIDE PARK IMPROVEMENTS 51,950.00 76,950.00 51,950 C/O, 25,000 NEW TOTAL PARKS & RECREATION - CAP. OUTLAY - 094175 108,450.00 133,450.00 GRAND TOTAL - FUND 310 2,404,787.98 2,473,430.28 TRANSFER FROM GENERAL FUND (250,500.00) (283,142.30) Total Cash Available 2,154,287.98 2,190,287.98 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 310 BALANCES AS OF 7-1-21 7.n.a Packet Pg. 71 Attachment: Capital Fund CIP (2749 : Approval of FY2022 Capital Improvements Projects (Staff Contact: Kimberly G.) BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-21 BALANCE SOLID WASTE - CAPITAL OUTLAY - 094110 520-4-094110-8123 ROLL-OFF/FRONT LOADER TRUCK 58,446.14 167,934.86 NEW $165,000/C/O $58446.14, $55,511.28 TO EQUIP (094110/094120) 520-4-094110-8125 LANDFILL EQUIPMENT/TRUCKS (21,207.09) 0.00 C/O ($21,207.09), $21,207.09 FROM RO TRUCK 520-4-094110-81301 NEW COMPACTOR SITE 422,453.77 272,453.77 C/O $422,453.77, $150,000 TO PURCHASE OF PROPERTY 520-4-094110-8133 COMPACTOR SITE IMPROVEMENT 20,466.39 20,466.39 C/O $20,446.39 520-4-094110-8137 GAS WELL INSTALLATION 13,448.00 13,448.00 C/O $13,448 520-4-094110-8142 RESERVE-LANDFILL CAPITAL - 1,069,837.00 NEW 520-4-094110-8250 PURCHASE OF PROPERTY (150,000.00) - C/O ($150,000), $150,000 FROM NEW COMP SITE TOTAL - SOLID WASTE - CAPITAL OUTLAY - 094110 343,607.21 1,544,140.02 LANDFILL - CAPITAL OUTLAY - 094120 520-4-094120-8102 CAPITAL OUTLAY-EQUIPMENT (34,304.29) - C/O 520-4-094120-8139 LANDFILL CLOSURE 31,995.04 281,995.04 C/O $31,995.04, NEW $250,000 520-4-094120-8146 ENGINEERING 185,549.27 185,549.27 C/O 520-4-094120-81461 GROUND WATER MONITORING WELLS 53,956.66 53,956.66 TOTAL - LANDFILL- CAPITAL OUTLAY - 094120 237,196.68 521,500.97 LANDFILL - CAPITAL OUTLAY - 094151 520-4-094151-8102 CAPITAL OUTLAY-EQUIPMENT - 600,000.00 BOND 520-4-094151-81301 LANDFILL CLOSURE - 2,943,145.00 BOND 520-4-094151-8212 LANDFILL CONSTRUCTION - 3,125,000.00 BOND TOTAL - LANDFILL- CAPITAL OUTLAY - 094120 - 6,668,145.00 GRAND TOTAL 580,803.89 8,733,785.99 TO BE FUNDED BY SOLID WASTE HOUSEHOLD FEE - (1,484,837.00) TO BE FUNDED BY VRA FUNDING - (6,668,145.00) TOTAL CARRYOVER AMOUNT 580,803.89 580,803.99 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 520 BALANCES AS OF 7-01-21 7.n.b Packet Pg. 72 Attachment: Landfill Fund CIP (2749 : Approval of FY2022 Capital Improvements Projects (Staff Contact: Kimberly G.) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Project Imagine WIA Grant Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 21, 2021 Item Number: 7.o Attachment(s): Project Imagine GRANT Reviewed By: SUMMARY: The West Piedmont Workforce Development Board recently received an award notification from Virginia Career Works in the amount of $36,000 to provide funding for Project Imagine administrative and stipend processing support for the new cohort of program participants. For the Board’s review, related financial documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: This Grant does not require a local match. RECOMMENDATION: County Staff recommends the Project Imagine Grant in the amount of $36,000 be appropriated to the WIA 2022 Budget. MOTION: “I make a Motion to approve and appropriate a total of $36,000 for the Project Imagine Grant to the WIA Fund (Fund 251).” 7.o Packet Pg. 73 7.o.a Packet Pg. 74 Attachment: Project Imagine GRANT (2725 : Project Imagine WIA Grant Approval (Staff Contact: Kimberly G. Van Der Hyde)) 7.o.a Packet Pg. 75 Attachment: Project Imagine GRANT (2725 : Project Imagine WIA Grant Approval (Staff Contact: Kimberly G. Van Der Hyde)) 7.o.a Packet Pg. 76 Attachment: Project Imagine GRANT (2725 : Project Imagine WIA Grant Approval (Staff Contact: Kimberly G. Van Der Hyde)) 7.o.a Packet Pg. 77 Attachment: Project Imagine GRANT (2725 : Project Imagine WIA Grant Approval (Staff Contact: Kimberly G. Van Der Hyde)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Natural Disaster/Emergency Response Expense Carryover (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: September 21, 2021 Item Number: 7.p Attachment(s): Reviewed By: SUMMARY: The Board received money from FEMA to cover Hurricane Michael expenses. The Board approved to allow these funds to be added back to the Public Safety Budget to cover expenses from future emergency response needs. A total of $7,049.28 remained in this line item that were unspent at year-end 2021. These funds need to carryover to FY2022 to be used by Public Safety for emergency response needs of all public safety segments of the County. FINANCIAL IMPACT AND FUNDING SOURCE: Requires no additional funds. RECOMMENDATION: County Staff recommends an appropriation of carryover funds to the Natural Disaster/Emergency Response expense line item (100-4-032200-5670) for FY2022. MOTION: “I make a Motion that a total of $7,049.28 be carried over from FY2021 and appropriated to the Natural Disaster/Emergency response Expense line item (100-4-032200-5670) for FY2022.” 7.p Packet Pg. 78 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Cool Branch Fundraising Extension Approval (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: September 21, 2021 Item Number: 7.q Attachment(s): Reviewed By: SUMMARY: At the Board’s August 17, 2021, Business Meeting, the Board approved for the County to match all donations that are raised by Cool Branch Fire and Rescue starting July 1, 2021, and running through September 30, 2021, with an amount not to exceed $230,000. County Staff desires to extend this fundraising date through October 15, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown at this time. RECOMMENDATION: County Staff recommends the Board extend the fundraising match date for Cool Branch Fire and Rescue through October 15, 2021. MOTION: “I make a Motion to extend the fundraising match date for Cool Branch Fire and Rescue through October 15, 2021.” 7.q Packet Pg. 79 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Resolution # 2021-09-03 (Zwei (Police Dog)) Presentation (Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: September 21, 2021 Item Number: 8.a Attachment(s): Reviewed By: Supervisor Farmer will present to Sheriff Taylor Resolution # 2021-09-03, honoring the life of Police K-9, Zwei. 8.a Packet Pg. 80 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Resolution # 2021-09-04 (Vickie Taylor) Presentation (Supervisor Ingram) Staff Contact(s): Supervisor Ingram Agenda Date: September 21, 2021 Item Number: 8.b Attachment(s): Reviewed By: Supervisor Ingram will present Resolution # 2021-09-04 to Vickie Taylor, honoring her retirement from Danville Community College. 8.b Packet Pg. 81 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Resolution # 2021-09-05 (Evonda Thornton) Presentation (Supervisor Ingram) Staff Contact(s): Supervisor Ingram Agenda Date: September 21, 2021 Item Number: 8.c Attachment(s): Reviewed By: Supervisor Ingram will present Resolution # 2021-09-05 to Evonda Thornton honoring her retirement. 8.c Packet Pg. 82 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Resolution # 2021-09-08 (White Oak Worship Center) Presentation (Supervisor Scearce) Staff Contact(s): Supervisor Scearce Agenda Date: September 21, 2021 Item Number: 8.d Attachment(s): Reviewed By: Supervisor Scearce will present Resolution # 2021-09-08 in appreciation of White Oak Worship Center’s hospitality and logistical support to the County and others during the recent Blue Ridge Rock Festival. 8.d Packet Pg. 83 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Certificate of Recognition (63 Years of Marriage); (Mr. and Mrs. James Thornton); (Supervisor Ingram) Staff Contact(s): Supervisor Ingram Agenda Date: September 21, 2021 Item Number: 8.e Attachment(s): Reviewed By: Supervisor Ingram will present Mr. and Mrs. James Thornton with a Certificate of Recognition in honor of their 63rd Wedding Anniversary. 8.e Packet Pg. 84 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Proclamation (Domestic Violence Awareness Month; October) Presentation (Supervisor Dudley) Staff Contact(s): Supervisor Dudley Agenda Date: September 21, 2021 Item Number: 8.f Attachment(s): Reviewed By: Marilyn Waller and Dietetre Betts will be present to accept the Domestic Violence Awareness Month Proclamation on behalf of Haven of the Dan River Region. 8.f Packet Pg. 85 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Broadband Project Presentation and MOU Approval (RiverStreet); (Dave F. Arnold) Staff Contact(s): Dave F. Arnold Agenda Date: September 21, 2021 Item Number: 8.g Attachment(s): Pittsylvania County MOU w RiverStreet Reviewed By: SUMMARY: Dave F. Arnold, Assistant County Administrator, will lead a presentation regarding the County partnering with RiverStreet Communications of Virginia, Inc., to provide broadband internet services to all unserved County citizens. Additional documentation will be provided the night of the Business Meeting. Following the presentation, the attached Memorandum of Understanding memorializing the above partnership will be presented to the Board for potential approval. 8.g Packet Pg. 86 PITTSYLVANIA :c:::::�=�-----COUNTY.VIRGINIA MEMORANDUM OF UNDERSTANDING COUNTY ADMINISTRATION P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-7710 This MEMORANDUM OF UNDERSTANDING ("MOU") entered into on September , 2021, by and between RIVERSTREET COMMUNICATIONS OF VIRGINIA, INC., located at 1400 River Street, Wilkesboro, North Carolina, 28697 ("RiverStreet"), and the COUNTY OF PITTSYLVANIA, VIRGINIA, located at 1 Center Street, Chatham, Virginia 24531 ("County"); ( collectively referred to as the "Parties"), for the purpose of establishing and achieving various goals and objectives relating to the project contemplated by the Parties. WHEREAS, there are approximately 8,500 County households in U.S. Census blocks that are unable to receive broadband service at speeds equal to or greater than twenty-five (25) download and three (3) megabits per second (Mbps) upload speeds and are therefore classified by the Federal Communications Commission ("FCC") as unserved; and WHEREAS, RiverStreet proactively sought and was awarded FCC grants to construct and provide fiber to the home ("FTTH") service to all unserved households in the County ("Project"); and WHEREAS, the County and School Board received significant funding through the American Rescue Plan Act ("ARP A") that may be used to improve broadband infrastructure; and WHEREAS, the Commonwealth of Virginia has designated state-level ARP A funds to further incentivize communities to expand broadband service; and WHEREAS, RiverStreet has identified over $75,000,000 of needs to provide nearly 12,000 County homes with FTTH; and WHEREAS, the RiverStreet and County partnership will include a Revenue Sharing Agreement which will allow the County to reinvest funds earned to build additional service; and WHEREAS, the Pittsylvania County Board of Supervisors and the Pittsylvania County School Board desire to supplement the Project with $12,000,000 of ARPA funding; and WHEREAS, the Parties are desirous to enter into this MOU to set forth the working arrangements that both Parties agree shall be necessary to pursue their efforts to bring the Project to fruition. WITNESSETH 1.MISSION The Project is intended to provide the areas of the County that are identified by the FCC as "unserved" with access to FIFTH broadband to meet the future needs of residents and businesses BUSINESS SAVVY. PEOPLE FRIENDLY. David M. Smitherman, County Administrator d avid .smitherma n@pittgov.org 8.g.a Packet Pg. 87 Attachment: Pittsylvania County MOU w RiverStreet (2764 : Broadband Project Presentation and MOU Approval (RiverStreet); (Staff Contact: in those areas of the County. 2.PURPOSE AND SCOPEThe Parties intend for this MOU to outline the structure for any binding contracts which the Parties may enter in the future related to the Project. 3.OBJECTIVES The Parties agree to work together to attempt to secure funding and establish policies and procedures that will promote and sustain a market for broadband availability and intend to work toward delivering a product and/or services that meet or exceed business and industry standards; in which the Parties endeavor to provide access to 100 Mbps symmetrical broadband service 4.RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES The Parties agree to work together in good faith and collaboratively to bring the Project to successful completion. This MOU does not create any legal or equitable obligations or rights on the part of either Party and no such obligations orrights shall exist unless and until such time as the Parties may enter into a written agreement signed by both Parties. 5.SERVICES COOPERATION The goal of the Project is to provide the following services in the areas of the County contemplated in the Project, which services include, but are not necessarily limited to: Broadband Internet access services. •Phase 1 (beginning after MOU execution): The Parties will work together to apply for Virginia Telecommunication Initiative ("VA TI") grant(s). The Parties anticipate that V ATI guidelines will require contributions by RiverStreet and the County as matching funds to secure a FY2022 V ATI Grant through the Virginia DHCD. DHCD funding shall not exceed eighty percent (80%) of Project costs. The Parties' VATI Grant Application may be a part of a regional application made together with other Virginia counties. The total budget for the Project is expected to be $75,696,532 The County agrees to provide a minimum match of $16,528,939 in funding for the Project. RiverStreet agrees to provide a minimum match of $19,657,064 in funding forthe Project. The amount of the VATI Grant to be requested for the Project will be at least $39,510,529, and the total number of homes projected to be passed by the Project shall be at least 11,985. •Phase 2 (beginning after Phase 1): RiverStreet will work with the County to continue Project planning and the Parties will seek additional Federal, State, and local funding to expand the availability of broadband service in the County. 6.TIMELINE The above outlined scope and objective shall be contingent on the Parties' ability to obtain the necessary funding required for the Project, as described in any applicable grant or business loan application. Responsibilities about commencement and completion of the Project will be Page 2 J 8.g.a Packet Pg. 88 Attachment: Pittsylvania County MOU w RiverStreet (2764 : Broadband Project Presentation and MOU Approval (RiverStreet); (Staff Contact: 8.g.a Packet Pg. 89 Attachment: Pittsylvania County MOU w RiverStreet (2764 : Broadband Project Presentation and MOU Approval (RiverStreet); (Staff Contact: 8.g.a Packet Pg. 90 Attachment: Pittsylvania County MOU w RiverStreet (2764 : Broadband Project Presentation and MOU Approval (RiverStreet); (Staff Contact: 8.g.a Packet Pg. 91 Attachment: Pittsylvania County MOU w RiverStreet (2764 : Broadband Project Presentation and MOU Approval (RiverStreet); (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-21-022 Timothy Duffer; Rezoning from B-2, Business District, General, to RC-1, Residential Combined Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Chairman Warren) Staff Contact(s): Emily S. Ragsdale Agenda Date: September 21, 2021 Item Number: 10.A.1 Attachment(s): Case R-21-022 Duffer App Case R-21-022 Duffer Map Reviewed By: SUMMARY: In Case R-21-022, Timothy Duffer (“Petitioner”) has petitioned to rezone 10.36 acres from B-2, Business District, General, to RC-1, Residential Combined Subdivision District (to construct a single-family dwelling). The subject properties are located on State Road 694/David Giles Lane in the Chatham-Blairs Election District and shown on the Tax Maps as GPIN #s 2423-52-3747 and 2423-62-2318. Once the properties are rezoned to RC-1, all uses listed under Pittsylvania County Code § 35-267 are permitted. On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, 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-21-022 as presented. The subject properties are adjacent to properties currently zoned RC-1, Residential Combined Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-21-022, I make a Motion to approve the rezoning of 10.36 acres from B-2, Business District, General, to RC-1, Residential Combined Subdivision District, to allow the construction of a single-family dwelling. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.1 Packet Pg. 92 10.A.1.a Packet Pg. 93 Attachment: Case R-21-022 Duffer App (2754 : Public Hearing: Case R-21-022 Timothy Duffer) 10.A.1.a Packet Pg. 94 Attachment: Case R-21-022 Duffer App (2754 : Public Hearing: Case R-21-022 Timothy Duffer) 10.A.1.a Packet Pg. 95 Attachment: Case R-21-022 Duffer App (2754 : Public Hearing: Case R-21-022 Timothy Duffer) 10.A.1.a Packet Pg. 96 Attachment: Case R-21-022 Duffer App (2754 : Public Hearing: Case R-21-022 Timothy Duffer) 10.A.1.a Packet Pg. 97 Attachment: Case R-21-022 Duffer App (2754 : Public Hearing: Case R-21-022 Timothy Duffer) 10.A.1.b Packet Pg. 98 Attachment: Case R-21-022 Duffer Map (2754 : Public Hearing: Case R-21-022 Timothy Duffer) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-21-024 Samuel and Carolyn Munford; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. (Supervisor Ingram) Staff Contact(s): Emily S. Ragsdale Agenda Date: September 21, 2021 Item Number: 10.A.2 Attachment(s): Case R-21-024 Munford App Case R-21-024 Munford Plat Case R-21-024 Munford Map Reviewed By: SUMMARY: In Case R-21-024, Samuel and Carolyn Munford (“Petitioners”) have petitioned to rezone 0.203 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an adjacent parcel of land zoned R-1). The subject property is located on State Road 834/Jones Mill Road, in the Tunstall Election District and shown on the Tax Maps as GPIN #s 2403-03-7279 and part of 2403-13-0312. Once the properties are rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, 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-21-024 as presented. The subject property is adjacent to properties currently zoned R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-21-024, I make a Motion to approve the rezoning of 0.203 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to combine with an adjacent parcel of land zoned R-1. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.2 Packet Pg. 99 10.A.2.a Packet Pg. 100 Attachment: Case R-21-024 Munford App (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) 10.A.2.a Packet Pg. 101 Attachment: Case R-21-024 Munford App (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) 10.A.2.a Packet Pg. 102 Attachment: Case R-21-024 Munford App (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) 10.A.2.a Packet Pg. 103 Attachment: Case R-21-024 Munford App (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) 10.A.2.a Packet Pg. 104 Attachment: Case R-21-024 Munford App (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) 10.A.2.a Packet Pg. 105 Attachment: Case R-21-024 Munford App (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) 10.A.2.bPacket Pg. 106Attachment: Case R-21-024 Munford Plat (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) 10.A.2.c Packet Pg. 107 Attachment: Case R-21-024 Munford Map (2757 : Public Hearing: Case R-21-024 Samuel and Carolyn Munford) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-21-026 James Wilkerson; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District; On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted (Supervisor Davis) Staff Contact(s): Emily S. Ragsdale Agenda Date: September 21, 2021 Item Number: 10.A.3 Attachment(s): Case R-21-026 Wilkerson App Case R-021-026 Wilkerson Map Reviewed By: SUMMARY: In Case R-21-026, James Wilkerson (“Petitioner”) has petitioned to rezone 0.32 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with an adjacent parcel of land zoned R-1). The subject property is located State Road 733/Barker Road, in the Dan River Election District and shown on the Tax Maps as part of GPIN # 2348-33-5242. Once the properties are rezoned to R-1, all uses listed under Pittsylvania County Code § 35-222 are permitted. On August 3, 2021, the Planning Commission recommended, by an 8-0 vote, 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-21-026 as presented. The subject property is adjacent to properties currently zoned R-1, Residential Suburban Subdivision District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-21-026, I make a Motion to approve the rezoning of 0.32 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to combine with an adjacent parcel of land zoned R-1. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.3 Packet Pg. 108 10.A.3.a Packet Pg. 109 Attachment: Case R-21-026 Wilkerson App (2758 : Public Hearing: Case R-21-026 James Wilkerson) 10.A.3.a Packet Pg. 110 Attachment: Case R-21-026 Wilkerson App (2758 : Public Hearing: Case R-21-026 James Wilkerson) 10.A.3.a Packet Pg. 111 Attachment: Case R-21-026 Wilkerson App (2758 : Public Hearing: Case R-21-026 James Wilkerson) 10.A.3.a Packet Pg. 112 Attachment: Case R-21-026 Wilkerson App (2758 : Public Hearing: Case R-21-026 James Wilkerson) 10.A.3.a Packet Pg. 113 Attachment: Case R-21-026 Wilkerson App (2758 : Public Hearing: Case R-21-026 James Wilkerson) 10.A.3.a Packet Pg. 114 Attachment: Case R-21-026 Wilkerson App (2758 : Public Hearing: Case R-21-026 James Wilkerson) 10.A.3.b Packet Pg. 115 Attachment: Case R-021-026 Wilkerson Map (2758 : Public Hearing: Case R-21-026 James Wilkerson) 10.A.3.b Packet Pg. 116 Attachment: Case R-021-026 Wilkerson Map (2758 : Public Hearing: Case R-21-026 James Wilkerson) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for Solar Energy Projects); (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: September 21, 2021 Item Number: 10.B.1 Attachment(s): Proposed Solar Ordinance Amendments - Revenue Share 09-21-2021 Solar Revenue Sharing Reviewed By: SUMMARY: In 2020, legislation was passed in Virginia allowing localities to assess a Revenue Share of up to $1,400 per megawatt by local ordinance. Currently, the County collects real estate taxes and machinery and tools taxes (“M & T tax”) on utility scale solar projects (“Project”). If the attached Revenue Share Ordinance is adopted, utility scale solar projects would qualify for one hundred percent (100%) exemption from the local M & T tax. Instead, any Project approved after the adoption of Revenue Share would pay the County $1,400 per megawatt for the life of the Project. Additional legislation was also passed in 2021 increasing the Revenue Share imposed by ten percent (10%) on July 1, 2026, and every five (5) years thereafter. County Staff feels that the adoption of Revenue Share should be considered to strengthen the County Ordinance and ensure that any future projects are being adequately taxed. For the Board’s review and consideration, attached are proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35 (“Solar Revenue Share Ordinance”). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopts the Solar Revenue Share Ordinance as attached and presented. MOTION: “I make a Motion to approve the Solar Revenue Share Ordinance as attached and presented.” 10.B.1 Packet Pg. 117 PROPOSED AMENDMENTS TO PCC § 35-141(C), UTILITY SCALE SOLAR ENERGY FACILITY, PCC § 35-141(D), PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES, AND PCC § 35-141(E), DECOMMISSIONING REQUIREMENTS FOR LARGE AND UTILITY SCALE SOLAR ENERGY FACILITIES SEC. 35-141(C). UTILITY SCALE SOLAR ENERGY FACILITY 1. Utility-scale solar energy facilities shall be by Special Use Permit in the M-1, Industrial District, Light Industry, zoning district and the M-2, Industrial District, Heavy Industry, zoning district, and in the A-1, Agricultural zoning district. 2. Utility-scale solar energy facilities shall be located no more than two (2) miles from an existing electrical transmission line. 3. Utility-scale solar energy facilities shall be located at least five (5) miles from any other utility scale solar energy facility. 4. Density of panel coverage over the entire site area shall be no more than seventy percent (70%). SEC. 35-141(D). PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES 3. A Site Plan meeting the requirements of Chapter 35, Article V, Division 4, Pittsylvania County Code, including the following additional information and details: a) Property lines and setbacks as set out below, unless required setbacks are increased by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. (i) All aspects and components associated with a solar energy facility shall be no less than one hundred fifty (150) feet from any property line. No setbacks are required between the property lines of parcels that are adjacent to each other and within the project area of a single project. The project area shall be no less than two hundred (200) feet from the property line of any residential use located outside of the project area. b) Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment. c) Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements for other types of projects in the underlying zoning district. d) Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks). 10.B.1.a Packet Pg. 118 Attachment: Proposed Solar Ordinance Amendments - Revenue Share (2762 : Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for e) Fencing, or other methods of ensuring public safety, in accordance with Section 35-121. f) Buffering as required based on the visual impacts of the project or as required by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. Required buffers shall be placed or preserved between any required fencing and adjoining properties and/or adjacent rights- of-way. Buffering or vegetative screening shall include a minimum fifteen (15)-foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. The vegetation shall be evergreen and designed to be at least fifteen (15) feet in height at maturity of any new plantings and shall be a minimum of six (6) feet in height at time of planting. Existing vegetation shall be maintained and supplemented with new plantings as needed to maintain required screening. g) Additional information may be required, as determined by the Zoning Administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the Zoning Administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal. 4. Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information. 5. Document that the panels are located and installed so that the sum of the glare is directed away from an adjoining property or public rights of way. 6. The applicant shall provide proof of adequate liability insurance for a large and utility scale solar facility prior to issuance of a zoning or building permit. SEC. 35-141(E). DECOMMISSIONING REQUIREMENTS FOR LARGE AND UTILITY SCALE SOLAR ENERGY FACILITIES The owner or operator of a large or utility scale solar energy facility shall completely decommission a facility within twelve (12) months, if the facility ceases to generate electricity for a continuous period of twelve (12) months. This period may be extended by the Board of Zoning Appeals, if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond their control and the facility has not been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing, and any other associated equipment, facilities, and structures to a depth of at least thirty-six (36) inches and stabilization of the site. A decommissioning plan shall be submitted, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars, not including a salvage or recyclable material value used to offset the decommissioning cost, provided in an 10.B.1.a Packet Pg. 119 Attachment: Proposed Solar Ordinance Amendments - Revenue Share (2762 : Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for itemized format by a Virginia Licensed Professional Engineer; (3) how said estimate was determined; and (4) the manner in which the project will be decommissioned. As allowed by Section 35-714 of the Pittsylvania County Zoning Ordinance, the Board of Zoning Appeals shall require a bond with surety or other approved security to ensure compliance with conditions imposed in a Special Use Permit. The plan shall acknowledge that if at any time the project is declared to be an unsafe structure by the Pittsylvania County Building Code Official, the terms of the “unsafe structure” code shall apply. The surety instrument shall meet the following requirements: A. Cash or certified check from a federally insured financial institution, with a credit rating of Superior, or equivalent, from a recognized credit rating company, licensed to do business in the Commonwealth of Virginia, to be held in escrow by the County Treasurer, deposited in an interest- bearing bank account. B. An Irrevocable Letter of Credit from a federally insured financial institution, with a credit rating of Superior, or equivalent, from a recognized credit rating company, licensed to do business in the Commonwealth of Virginia and payable to the County in part or in full upon demand and receipt of a notice of forfeiture. Letter of Credit shall be irrevocable unless replaced with cash or other form of security acceptable to the County. C. A surety or performance bond that renews automatically from a company registered and licensed to operate in the Commonwealth of Virginia, with a credit rating of Superior, or equivalent, from a nationally recognized rating company, and on the U.S. Department of Treasury’s Listing of Certified Companies (Department of the Treasury Circular 570, as revised). Performance Bond must be payable to the County and maintained until decommissioning requirements are met. There must be a requirement and mechanism for the surety company to give prompt notice to the County of: (i) any action alleging bankruptcy or insolvency of the surety or violation that would result in suspension or revocation of the license of the surety; (ii) any attempt at cancellation by the owner: and (iii) any pending cancellation by the surety. D. An insurance policy that provides the County with acceptable rights as a beneficiary and is issued by an insurance carrier that has the authority to issue insurance policies in the County, and whose insurance operations are regulated and examined by a Federal or State Agency. SEC. 35-141(F). GENERAL REQUIREMENTS FOR LARGE AND UTILITY SCALE SOLAR ENERGY FACILITIES 1. The height of roof mounted large and utility-scale solar energy facilities shall not exceed the maximum height of other structures as permitted in the zoning district, and the maximum height of ground mounted facilities shall be fifteen (15) feet, as measured from the grade or base of the facility to its highest point, 2. Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable 10.B.1.a Packet Pg. 120 Attachment: Proposed Solar Ordinance Amendments - Revenue Share (2762 : Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) warning signs and placards; (c) signs that may be required by a federal agency; and (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and the benefits of renewable energy may be allowed as provided in Article II, Division 3 of the Pittsylvania County Zoning Ordinance. 3. All large and utility scale solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes, and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 4. All large and utility scale solar energy facilities shall comply with all applicable state and federal permitting and regulatory requirements. 5. All large and utility scale solar energy facilities must comply with the Pittsylvania County Noise Ordinance, but the requirements shall be no more stringent than for other development in the underlying zoning district. SEC. 35-141(G). REVENUE SHARE FOR SOLAR ENERGY PROJECTS 1. Purpose, Definition, Relation to Other Ordinances. A. The purpose of this Section is to implement Virginia Code § 58.1-2636, 1950, as amended, titled “Revenue Share for Solar Energy Projects.” B. Terms used in this Section shall have the defined meanings found in Virginia Code §§ 58.1-2636, 58.1-3660, 58.1-3507, or 58.1-3508.6, 1950, as amended. C. To the extent that the provisions of this chapter conflict with any other prior ordinance or provision of the Pittsylvania County Code, this Chapter shall control. 2. Applicability. A. This Section shall apply to all solar photovoltaic (electric energy) systems except those: i. Described in Virginia Code §§ 56-594, 56-594.01, or 56-594.2, 1950, as amended, or Chapters 358 and 382 of the Acts of Assembly of 2013, as amended; ii. Twenty (20) megawatts or less, as measured in alternating current (“AC”) generation capacity, for which an initial interconnection request form has been filed with an electric utility or a regional transmission organization on or before December 31, 2018; or iii. Five (5) megawatts or less, as measured in AC generation capacity. 10.B.1.a Packet Pg. 121 Attachment: Proposed Solar Ordinance Amendments - Revenue Share (2762 : Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for B. This Section shall not apply to any solar photovoltaic (electric energy) project for which an application was filed with the County before July 1, 2020, unless: i. The County and the applicant or owner agree to revise any existing voluntary payment agreement, or enter into any new voluntary payment agreement, under which the applicant or owner agree to voluntarily waive a portion of the exemption from machinery and tools tax as provided in Virginia Code §58.1-3660, 1950, as amended. ii. The County and the applicant or owner agree to substitute the amount of such voluntary payment for a similar amount of a solar energy revenue share authorized by Virginia Code § 58.1-2636, 1950, as amended. iii. For purpose of this subsection, “application has been filed with the locality” means an applicant has filed an application for a zoning confirmation from the County for a by-right use, or an Application for Land Use Approval under the County’s Zoning Ordinance to include an Application for a Conditional Use Permit, Special Use Permit, Special Exception, or other Application as set out in the County’s Zoning Ordinance. iv. Nothing in this Section shall preclude an applicant or owner of a solar photovoltaic (electric energy) project previously approved by the County or who filed an application with the County before July 1, 2020, from entering into a written agreement to submit such project to be subject to the provisions of this Ordinance. 3. Revenue Share Rate per Megawatt and Waiver of Machine and Tool Tax. A. The County hereby imposes a revenue share to be assessed at a rate of $1,400.00 per megawatt on any solar photovoltaic (energy) project. The generation capacity shall be measured in AC generation capacity of the facility and the determination of the generation capacity shall be based on submissions by the facility owners to the interconnecting utility. B. The exemption for solar photovoltaic (electric energy) projects greater than five (5) megawatts as provided by Virginia Code § 58.1-3660, 1950, as amended, shall be one hundred percent (100%) of the assessed value. C. Nothing contained herein shall be construed to prevent any other tax or fee as provided by the Code of Virginia. 10.B.1.a Packet Pg. 122 Attachment: Proposed Solar Ordinance Amendments - Revenue Share (2762 : Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, September 21, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35, Zoning, regarding potential adoption of a Solar Energy Project Revenue Sharing Ordinance as authorized by Virginia Code § 58.1-2636. A complete copy of the proposed revision(s) 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.b Packet Pg. 123 Attachment: 09-21-2021 Solar Revenue Sharing (2762 : Public Hearing: Revisions to PCC Chapter 35 (Revenue Share for Solar Energy Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control); (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: September 21, 2021 Item Number: 10.B.2 Attachment(s): ESC Ordinance Revisions Draft 09-21-2021 PCC Ch. 4 - Erosion and Sediment Control Reviewed By: SUMMARY: Virginia Code § 62.1-44.15.1 requires any locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program to adopt and administer a Virginia Erosion and Sediment Control Program (“VESCP”). The County last updated Pittsylvania County Code (“PPC”), Chapter 4 (Erosion and Sediment Control), which establishes the County VESCP, in 2001. Since that update, many State regulations have changed, requiring the related County Ordinance to be updated to reflect those changes. For the Board’s review and consideration, said proposed PCC revisions are attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following conducting the legally required Public Hearing, County Staff recommends the Board approve the PCC Chapter 4 revisions as attached and presented MOTION: “I make a Motion to approve PCC Chapter 4 revisions as attached and presented.” 10.B.2 Packet Pg. 124 Article II. Erosion and Sedimentation Control Ordinance SEC. 4-7. GENERALLY. WHEREAS, for the purpose for alleviating harmful and/or damaging effects of on-site erosion and siltation of neighboring downstream properties during and after development; WHEREAS, per Article 2.4. Virginia Erosion and Sediment Control Law the General Assembly of the Commonwealth of Virginia, under Title 10.1 Chapter 5, Article 4 (Sec. 10.1-560 et seq.), of the Code of Virginia authorized localities to adopt an erosion and sedimentation control program; NOW, THEREFORE, the County of Pittsylvania does hereby adopt the following Erosion and Sedimentation Control Ordinance. This Ordinance shall not apply to any land disturbing activity in any Incorporated Towns within the boundaries of Pittsylvania County unless and until the governing body of such town shall by appropriate action indicate the intention to have the land disturbing activities within its boundaries covered by the terms and provisions of this Ordinance. Upon the taking of such action by the governing body of any of said Incorporated Towns the terms and provisions of this Ordinance shall apply fully to any land disturbing activity in said Incorporated Towns. SEC. 4-8. PURPOSE. An ordinance providing for the control of erosion and sedimentation prior to, during, and following development; and establishing procedures for the administration and enforcement of such controls. SEC. 4-9. APPLICATION. Except as provided for in Section 4 of this Ordinance, no person may engage in any land disturbing activity until such person has submitted to Pittsylvania County, has had reviewed and approved by the Plan Approving Authority for Pittsylvania County, an erosion and sediment control plan for such land disturbing activity. It is the intent of this ordinance to be an adjunct to both of the County’s Subdivision and Zoning Ordinance wherein such apply to the development and subdivision of land within the County of Pittsylvania or such apply to the development on previously subdivided land within the County of Pittsylvania. SEC. 4-10. DEFINITIONS. For the purpose of this ordinance, certain terms and words used herein shall be interpreted as follows: 1. “Governing Body” shall mean the Board of Supervisors of Pittsylvania County. 10.B.2.a Packet Pg. 125 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 2. “Agreement in lieu of a plan" means a contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan. 3. "Applicant" means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence. 4. "Certified inspector" means an employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of project inspection or (ii) is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment. 5. "Certified plan reviewer" means an employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of plan review, (ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1, or professional soil scientist as defined in § 54.1-2200. 6. "Certified program administrator" means an employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of program administration or (ii) is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment and shall mean the official designated by the Governing Body to serve as its agent to administer this ordinance. 7. "Department" means the Department of Environmental Quality. 8. "Erosion and sediment control plan" or "plan" means a document drawn by a professional engineer containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. 9. "Erosion impact area" means an area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other 10. "Permittee" means the person to whom the local permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. 11. "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity. 12. Responsible land disturber or RLD means an individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the approved ESC plan. In addition, the RLD may be a Virginia professional engineer, land surveyor, landscape architect, architect, or professional soil scientist, provided that it is the same licensed professional who sealed and signed the ESC plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the ESC plan or permit as a prerequisite for engaging in land disturbance. 10.B.2.a Packet Pg. 126 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 13. Runoff volume means the volume of water that runs off the land development project from a prescribed storm event. 14. "Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of this article and its associated regulations. 15. "Virginia Erosion and Sediment Control Program authority" or "VESCP authority" means an authority approved by the Board to operate a Virginia Erosion and Sediment Control Program. An authority may include a state entity, including the Department; a federal entity; a district, county, city, or town; or for linear projects subject to annual standards and specifications, electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to § 15.2-5102. 16. "Water quality volume" means the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project. 1.17. “Program Administrator” shall mean the official designated by the Governing Body to serve as its agent to administer this ordinance. 2.18. “Building Official” shall mean the individual known as the Building Official appointed to enforce the requirements of Chapter 4 of the Pittsylvania County Code of 1975 as amended. 3.19. “Plan Approving Authority” shall mean the Pittsylvania County Erosion Control Specialist. 4.20. “Clearing” shall mean any activity, which removes the vegetative ground cover, including but not limited to its removal, root mat removal and/or topsoil removal. 5.21. “Grading” shall mean any excavating or filling of earth materials or combination thereof, including the land in its excavated or filled condition. 6.22. “Excavating” shall mean any digging, scooping or other methods of removing earth materials. 7.23. “Filling” shall mean any depositing or stockpiling of earth materials. 8.24. “Transporting” shall mean any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover, either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. 9.25. “Land Disturbing Activity” shall mean any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands, including, but not limited to, clearing, grading, excavating, transporting and filling of land. (See Sec. 4-13 for full definition). 10.B.2.a Packet Pg. 127 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 10.26. “Land Disturbing Permit” shall mean a permit issued by the County of Pittsylvania for clearing, filling, excavating, grading, or transporting, or any combination thereof. 11. “Erosion and Sedimentation Control Plan” or “Plan” shall mean a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps; an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The “Plan” shall contain all major conservation decisions to assure that the entire units or units of land will be so treated to achieve the conservation objectives. 12. “Person” shall mean any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative or any other legal entity. SEC. 4-11. PURPOSE OF CHAPTER. This chapter shall provide for, both during and following development, the effective control of erosion and sedimentation by the enforcement of the minimum standards promulgated by the Department/Erosion and Sediment Control Law Virginia Soil and Water Conservation Board and known as the Virginia Erosion & Sediment Control Regulations. SEC. 4-12. REGULATIONS. The erosion and sediment control program of Pittsylvania County shall consist of the state program and regulations for erosion and sediment control. Pittsylvania County shall exercise the responsibilities of the program authority, as provided by state law and by this chapter. Pursuant to section 62.1-44.15:54 of the Code of Virginia, the county hereby establishes a VESCP program and adopts the regulations promulgated by the board; with the exception that the requirements contained in 9VAC25-840-40.19 do not apply to the regulated land-disturbing activities that meet the requirements of 8.1-7 of this chapter; (for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources) and the Virginia Erosion and Sediment Control Handbook, as amended, and those more stringent local criteria which the county board of supervisors, may adopt by resolution and incorporate into the manual of regulations and policies entitled "Stormwater Management Design Manual" and "Design and Construction Standards Manual." In accordance with § 62.1-44.15:52 of the Code of Virginia, any plan approved prior to July 1, 2014 that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water quality volume and to release it over forty-eight (48) hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one (1) year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the one and one half (1.5), two (2), and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels. 10.B.2.a Packet Pg. 128 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified in § 62.1-44.15:28 of the Stormwater Management Act and 9VAC25-870-66 of the Virginia Stormwater Management Program (VSMP) regulations, unless such land-disturbing activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program (VSMP) Regulations. Pursuant to section 62.1-44.15:53 of the Code of Virginia, an erosion and sediment control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The erosion control program of the county shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person. SEC. 4-13. LAND DISTURBING ACTIVITIES. This ordinance, and the applicable state law and regulations, address erosion and sedimentation associated with land-disturbing activities for the purpose of this ordinance the definition shall be as follows: “Land-disturbing activity” means any land change which may result in erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include: 1. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; 2. Individual service connections; 3. Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk which is hard surfaced; 4. Septic tank lines or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; 5. Surface or deep mining; 6. Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas; 7. Tilling, planting, or harvesting or agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1 – 1100 et seq.) of this title or is converted to bond fide agricultural or improved pasture use as described in subsection B of § 10.1 – 1163; 10.B.2.a Packet Pg. 129 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 8. Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures, and facilities of a railroad company; 9. Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act. Article 2 (§ 10.1 – 604 et seq.) of Chapter 6 of this title, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. 10. Disturbed land areas of less than ten thousand (10,000) square feet in size. 11. Installation of fence and sign posts or telephones and electric poles and other kinds of posts or poles; 12. Shore erosion control projects when approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; and 13. Emergency work to protect life, limb or property, and emergency repairs; however, if the land- disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan approving authority. The definition of land-disturbing activity, for the purpose of this ordinance, may be amended as the Virginia Erosion and Sediment Control Law is amended. "Land-disturbing activity" means any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include: 1. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work; 2. Individual service connections; 3. Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced; 4. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; 5. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1; 1.6.Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulation, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions 10.B.2.a Packet Pg. 130 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163; 7. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company; 2.8.Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; 9. Disturbed land areas of less than 10,000 square feet in size or 2,500 square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations; however, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply; 10. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; 11. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto; and 12. Emergency work to protect life, limb, or property, and emergency repairs; however, if the land- disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the VESCP authority. SEC. 4-14. PROGRAM ADMINISTRATOR. For the purpose of this ordinance the following definition shall apply: “Erosion Control Specialist” Program Administrator shall mean the position designated by the Pittsylvania County Board of Supervisors as its agent to administer the erosion and sediment control program and certified by the Virginia Soil and Water Conservation Board Virginia Department of Environmental Quality as a Program Administrator. SEC. 4-15. DESIGNATION OF PLAN APPROVING AUTHORITY. The Erosion Control Specialist Program Administrator is designated as the erosion and sediment control plan-approving authority in Pittsylvania County and shall be certified by the Department. Virginia Soil and Water Conservation Board as a Plan Reviewer. SEC. 4-16. DESIGNATION OF ENFORCEMENT AUTHORITY. The Erosion Control Specialist Program Administrator is designated as the enforcement authority in Pittsylvania County and shall have the power and authority to inspect, monitor, report and ensure compliance with the erosion and sediment control program of the County. The enforcement authority is also referred to 10.B.2.a Packet Pg. 131 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) as the designated enforcement officer, the inspector, the permit issuing authority, and the Program Administrator. In order to perform these duties, the Erosion Control Specialist Program Administrator shall be certified by the Department Virginia Soil and Water Conservation Board as an Inspector and Program Administrator or may be certified as a Combined Administrator. SEC. 4-17. APPROVAL OF PLANS AND ISSUANCE OF PERMITS. Erosion and sediment control plans submitted to Pittsylvania County shall be reviewed and acted upon by the plan-approving authority or his designee. Upon approval of such plan, the applicant may seek a Land Disturbing-Permit from the permit-issuing authority. Plans shall be approved and permits shall be issued pursuant to applicable regulations of the Virginia Soil and Water Conservation Board or its successor board. No grading, building or other permits for activities involving land-disturbing activities shall be issued unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. Any required performance bond and permit fee must also be furnished prior to issuing building or other permits. No land-disturbing permit shall be issued until the applicant submits with the application an approved erosion and sediment control plan or agreement in lieu of an approved erosion and sediment control plan and certification that the plan will be followed. Surety. All applicants for permits shall provide to the county a performance bond, cash escrow, or an irrevocable letter of credit acceptable to ensure that measures could be taken by the county at the applicant's expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him as a result of his land-disturbing activity. The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality plus a contingency for the county's administrative costs and inflation. The contingency shall be ten (10) percent of the total estimated cost to initiate and maintain the appropriate conservation action. Should it be necessary for the county to take such conservation action, the county may collect from the applicant any costs in excess of the amount of the surety held. Within sixty (60) days of adequate stabilization and completion of all other site requirements, as determined such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof shall be either refunded to the applicant or terminated. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. SEC. 4-18. FEES REQUIRED. Applicants shall pay to Pittsylvania County a fee to defray the cost of program administration, including costs associated with plan review, issuance of land disturbing permits, periodic inspection and enforcement. The fees associated with this Ordinance shall be set by the Board of Supervisors annually in the Budget Resolution. The plan review fee. A inspection fee shall one hundred fifty ($150.00) dollars twenty-five ($25.00) dollars for commercial projects involving on one (1) acre or less plus five ($5.00) dollars per acre of land or part 10.B.2.a Packet Pg. 132 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) thereof in excess of one (1) acre shall be paid at the time of final approval of the erosion and sediment control plan and prior to issuance of the Land Disturbing Permit. A singe family residential in-lieu-of permit shall be ten $10.00 dollars. No total fee shall exceed applicable limits established by state law. SEC. 4-19. MONITORING, REPORTS, AND INSPECTIONS The responsible land disturber, as provided in § 62.1-44.15:52, shall be in charge of and responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. The county may require the person responsible for carrying out the plan to monitor the land- disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The Department of Community Development shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. If THE Program Administrator determines that there is a failure to comply with the plan or if the plan is determined to be inadequate, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter. Upon issuance of an inspection report denoting a violation of Va. Code §§ 62.1-44.15:55,-44.15:56, the Program Administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue a stop work order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. If land-disturbing activities have commenced without an approved plan or proper permits, the Program Administrator, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue a stop work order requiring that all of the land-disturbing and/or construction activities be stopped until an approved plan or any required permits are obtained. Failure to comply will result in civil charges or penalties as outlined in section 8.1-10 of this chapter. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth, or where the land- disturbing activities have commenced without an approved plan or any required permits, such a stop work order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such a stop work order may be issued only after the permittee has failed to comply with such a notice to comply. 10.B.2.a Packet Pg. 133 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) The stop work order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the county or permit holder for appropriate relief to the circuit court. The county shall serve such stop work order for disturbance without an approved plan or permits upon the owner by mailing with confirmation of delivery to the address specified in the land records. Said stop work order shall be posted on the site where the disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in such situations where an agricultural exemption applies. If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the stop work order, the Program Administrator may issue a stop work order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the county. The owner may appeal the issuance of a stop work order to the circuit court of the county. Any person violating or failing, neglecting or refusing to obey a stop work order issued by the Program Administrator may be compelled in a proceeding instituted in the circuit court of the county to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the stop work order shall immediately be lifted. Nothing in this section shall prevent the Program Administrator from taking any other action authorized by this chapter. SEC. 4-19. REVIEW BY THE BOARD OF SUPERVISORS. A. Any person aggrieved by any action of the plan-approving authority or the enforcement authority shall have the right to apply for and receive a review of such action by the Pittsylvania County Board of Supervisors provided an appeal is filed within thirty (30) days from the date of any written decision by the plan-approving or enforcement authority. B. In reviewing the action of the plan-approving authority or the enforcement authority, the Board shall consider evidence and opinion presented by the aggrieved person, the plan approving authority or the enforcement authority, and such other persons, as shall be deemed by the Board necessary for a complete review of the matter. C. The Board may affirm, reverse or modify the action of the plan-approving authority or the enforcement authority, and the Board’s decision shall be final, subject only to review by the Circuit Court of Pittsylvania County by appeal taken pursuant to applicable law, provided an appeal is filed within thirty (30) days from the date of the final written decision. D. For purpose of this section, the term “person aggrieved” shall be limited to the applicant or permit holder, owners of adjacent and downstream property and any interested government agency or officer thereof. SEC. 4-20. ENFORCEMENT AND PENALTIES. 10.B.2.a Packet Pg. 134 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) Pittsylvania County shall exercise the enforcement and penalty provisions authorized for a program authority in the Virginia Erosion and Sediment Control Law. This ordinance was amended at an adjourned meeting of the Pittsylvania County Board of Supervisors on Tuesday, March 20, 2001 and became effective immediately upon its passage. Any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board, any order, notice, or requirement of the Department or VESCP authority, any condition of a permit, or any provision of this article or associated regulation shall be subject to civil penalties allowed under Article 2.4 of the Code of Virginia as amended. The civil penalty for any one violation shall be not less than $100 nor more than $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties that exceed a total of $10,000. The Director of Community Development, or his/her assignee, shall prepare an appropriate erosion and sediment control civil violation summons for use in enforcing the provisions of this chapter. Any person of the VESCP plan approving authority charged with enforcing this chapter shall serve upon any owner or permittee in violation of this chapter, a summons notifying the owner or permittee of said violation. If unable to serve the owner or permittee in person, the county may notify by summons an owner or permittee committing or suffering the existence of a violation by certified, return receipt requested mail, of the infraction. The county sheriff's office may also deliver the summons. The summons shall contain the following information: The name and address of the person charged. The nature of the violation and chapter provision(s) being violated. The location, date, and time that the violation occurred, or was observed. § The amount of the civil penalty assessed for the violation. The manner, location, and time that the civil penalty may be paid to the county. The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial. The summons shall provide that any person summoned for a violation may, within five (5) days of actual receipt of the summons or, within ten (10) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the county treasurer's office and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the county shall cause the sheriff of the county to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in general district court in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to show the liability of the violator by the 10.B.2.a Packet Pg. 135 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) preponderance of the evidence. Any admission of liability, or finding of liability shall not be a criminal conviction for any purpose. The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies by law. The owner or permittee may pay the civil penalty to the treasurer prior to the trial date, provided he also pays necessary court costs in addition to the civil penalty. Within the time period prescribed in (c), above, the owner or permittee, may contest the violation by presenting it to the director of community development, who shall certify the contest in writing, on an appropriate form, to the general district court. Failure to pay the civil penalty, or to contest the violation, within the time period prescribed in (c), above, shall result in the immediate issuance of a stop work order and the revocation of the permit, if any. 10.B.2.a Packet Pg. 136 Attachment: ESC Ordinance Revisions Draft (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, September 21, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to Pittsylvania County Code, Chapter 4, Erosion and Sediment Control. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 10.B.2.b Packet Pg. 137 Attachment: 09-21-2021 PCC Ch. 4 - Erosion and Sediment Control (2763 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Virginia Code § 58.1-3819(A)(2) Transient Occupancy Tax Funds Usage (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: September 21, 2021 Item Number: 10.B.3 Attachment(s): 09-21-2021 Transient Occupancy Tax Funds Usage Reviewed By: SUMMARY: At the Board’s Business Meeting on July 20, 2021, the Board voted to create a County Transient Occupancy Tax. This tax, in the amount of four percent (4%), would be applied to all hotels, motels, boarding houses, and travel campgrounds, and other facilities offering guest rooms or spots rented out for continuous occupancy for fewer than thirty (30) consecutive days as outlined in § 6-39. The County will retain two percent (2%) of the Transient Occupancy Tax for current operations. The other two percent (2%) will be used to promote County tourism. As required by Virginia Code § 58.1-3819, the County must hold a Public Hearing to determine how the other two percent (2%) tourism revenue will be spent. As evinced by the attached, tonight’s Public Hearing was duly advertised in The Chatham Star Tribune on Wednesday, September 8, 2021, and on Wednesday, September 15, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown at this time. RECOMMENDATION: County Staff recommends the Board conduct the legally required Public Hearing and then discuss potential usage of these funds. MOTION: For the Board’s review and consideration. 10.B.3 Packet Pg. 138 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, September 21, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input, per Virginia Code § 58.1-3819(A)(2), regarding potential transient occupancy tax funds usage. 10.B.3.a Packet Pg. 139 Attachment: 09-21-2021 Transient Occupancy Tax Funds Usage (2755 : Public Hearing: Virginia Code § 58.1-3819(A)(2) Transient Occupancy Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Height of Buildings; and PCC, Chapter 35, Division 12, Industrial District, Heavy Industry (M-2); and PCC § 35-406, Maximum Height of Buildings Height); (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: September 21, 2021 Item Number: 10.B.4 Attachment(s): 09-21-2021 Increasing Building Height M-1-Height M-2 Building Height Reviewed By: SUMMARY: County Staff has proposed revisions to Pittsylvania County Code (“PCC”), Chapter 35, Division 11, Industrial District, Light (M-1); PCC Sec. 35-387, Maximum Height of Buildings; PCC, Chapter 35, Division 12, Industrial District, Heavy Industry (M-2); and PCC Sec. 35-406, Maximum Height of Buildings. Currently, each of the PCC Sections above limits the maximum height of structures to eighty (80) feet. As technology continues to evolve relating to manufacturing, and a wider variety of manufacturing businesses continue to locate within the County, it has come to County Staff’s attention that the current PCC height restrictions have become a hardship for potential companies, specifically large manufacturing operations locating in the County’s Industrial Parks. County Staff is proposing to increase the maximum height of buildings on properties within M-1, Industrial District, Light, and M-2, Industrial District, Heavy Industry zoning districts, and within the boundaries of an identified Industrial Park, be increased to a maximum height of one- hundred and twenty (120) feet. County Staff has made inquiries to both County Volunteer Fire Departments and the City of Danville Fire Department to ensure that ladder truck heights are adequate to meet the new heights (ladder truck height plus hose pressure) for fire protection considerations. For the Board’s review and consideration, related redlined changes to the PCC are attached. At its September 7, 2021, Meeting, the Planning Commission unanimously recommended that the Board approve this County Staff requested Zoning Amendment to continue to accommodate interested industries coming to the County. As evinced by the attached, Public Hearing Notice was published in The Chatham Star Tribune 10.B.4 Packet Pg. 140 on September 8, 2021, and September 15, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the PCC amendments as attached and presented. MOTION: “I make a Motion to approve the PCC amendments as attached and presented.” 10.B.4 Packet Pg. 141 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, September 21, 2021, at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on proposed revisions to the following: Pittsylvania County Code (“PCC”), Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Height of Buildings; PCC, Chapter 35, Division 12, Industrial District, Heavy Industry (M-2); and PCC § 35-406, Maximum Height of Buildings. 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.4.a Packet Pg. 142 Attachment: 09-21-2021 Increasing Building Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35- DIVISION 11. INDUSTRIAL DISTRICT (M-1); LIGHT INDUSTRY SEC. 35-382. PURPOSE This district is established to encourage the development of manufacturing and wholesale business establishments which do not produce high levels of smoke, smell, noise, light, dust and other nuisances; who operate primarily within enclosed structures and who do not deal with large volumes of customers on a continuous basis throughout the day. Limitations on (or provisions relating to) height of building, horsepower, heating, flammable liquids or explosives, controlling emission of fumes, odors, or noise, landscaping and the number of persons employed may be imposed to protect and foster environmental desirability while permitting industries of certain types to locate near a labor supply, provided buffering districts or buffering land is provided, Buffer zones may required by the Zoning Administrator to mask industry operations from adjacent non-industrial zoned districts. This buffering may take several forms including but not limited to fencing, barriers, trees, shrubs, or other ornamental landscaping. This buffering action will be the responsibility of the industry and the requirements described on the zoning document and/or building permit. This district is limited to commercial establishments, retail and wholesale, and light manufacturing on and off the premises all of which may have outside storage of materials and outside displays of product for sale. SEC. 35-383. PERMITTED USES Within the light industry industrial district (M-l) the following uses are permitted: accessory uses adult care (licensed) agricultural warehouses aircraft assembly, mfg. amusement shop auditorium auction barn, auction house apartments in same building with business (upstairs apartments) apparel mfg. arenas appliance mfg.--small, household type appliance mfg.-large, household type art supplies mfg. assembly halls automobile mfg. automobile, other vehicle wash operations bakery-large, commercial type beverage and bottling operations blacksmith boat building brick and block, retail/wholesale, not mfg. broom and brush mfg. butcher shop business equipment mfg. building materials retail/wholesale building materials mfg. cabinet shops candy and confectionery mfg. canvas mfg. cardboard mfg. 10.B.4.b Packet Pg. 143 Attachment: M-1-Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) carpet cleaning caterers cellophane mfg. cemeteries-community and commercial type cemeteries-on joint church property child day care (licensed) churches clocks mfg, cloth mfg., assembly of products from cloth coal, coke storage yards cold storage locker facilities colleges communication equipment mfg. computer equipment mfg. construction equipment mfg. conservation areas public and private contractors office and facilities convenience store cosmetics mfg. country store county government uses such as waste collection, recycling, recreation, etc. crafts mfg. crafts shop custom meat cutting operations cut and sew operation dairy products mfg. day care centers; adult day care centers (licensed) die-cut paperboard mfg. dormitories drafting equipment mfg. drive-in restaurant, with walk-in drugs compounding, mfg.; packaging dry-cleaning and laundry shop eldercare center, facilities (day care); licensed electrical machinery and equipment mfg. emergency services facilities--fire, rescue farm equipment mfg. feed and seed stores fire extinguisher mfg. flea markets flooring mfg. floor covering mfg. food and grocery stores food products mfg. freight stations frozen food products mfg. fruit processing furniture and cabinet mfg. furniture fixtures mfg. furniture store gasoline stations garages, private, for storage of personal vehicles garages for repair of autos, recreational vehicles, trucks, motorcycles gardens-private 10.B.4.b Packet Pg. 144 Attachment: M-1-Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) general store glass, clay products mfg. greenhouses, nurseries hardware store heliports, airports hobby shop, toy store homes for developmentally disabled home or apartment in combination with a business hospitals ice mfg. industrial controls mfg. instrument mfg.--electronic, scientific, engineering, medical or dental jewelry mfg. kennels laboratories and research facilities lamp, lampshade mfg. laundries, commercial type libraries lighting equipment mfg. lithography lodge halls lodges lumber and wood products mfg. machine shops, with no presses machinery mfg., other than appliances-no presses manufacture of products from bone, canvas, cellophane, cloth cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paint, plastic, precious metals, precious stones, rubber, shell, textiles, wood-previously prepared malt products mfg. manses, church owned dwelling units marinas meat processing, not a slaughter house medical clinics, not veterinary milk distribution, retail milk and dairy products retail milk stations milk and dairy products mfg. milk bottling manufactured/mobile home mfg. manufactured/mobile home sales mortician supply mfg. motels, hotels, tourist and resort facilities motion picture productions motors, motor parts mfg., no presses moving and storage firms museums musical instruments newsstands non-emergency medical transport (Amended December 21, 2010) novelty shops nursing homes offices; professional office products mfg. off-street parking 10.B.4.b Packet Pg. 145 Attachment: M-1-Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) optical goods mfg. outdoor theatres outdoor displays on business properties paint store paint contractor paint mfg. paperboard mfg. paper products mfg., not raw paper, pulp processing parking facilities-commercial pasta mfg. pens and pencils and artists materials mfg. perfume mfg. permanent chipping mill permanent planing mill permanent sawmill pharmaceutical laboratories, mfg. phonograph, related audio products mfg. photography equipment mfg. piers, docks-commercial plumbing parts mfg. pottery, figurine mfg., from previously prepared materials portable and temporary chipping mill portable and temporary planing mill portable and temporary sawmill precious metals processing precious stones processing print shop product development public garages public utilities, including substations, power generation, water and sewer plants for treatment public utilities-structures, towers public facilities, offices, storage yards pulpwood storage and processing radio and TV stations railroad facilities restaurants roads, streets, right of ways, easements roasted coffee, tea products mfg. rubber, and rubber products mfg. sales, service, and repairs of: autos, trucks, recreational vehicles, motorcycles, farm equipment, garden equipment, appliances, television, radios, phonographs, electrical equipment, plumbing, logging equipment, boats, motors (gas and electrical), manufactured/mobile homes, machinery, sewage disposal systems, tires, telephone, upholstery, watches, jewelry, construction equipment security man's house senior citizens center (day care); licensed sewage disposal system mfg. sheet metal shop sheet metal mfg. shell processing signs-See Sections 35-95--35-101 sign mfg. shopping centers, malls, complexes spice mfg. sporting goods store 10.B.4.b Packet Pg. 146 Attachment: M-1-Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) sporting goods and athletic goods mfg. sugar mfg. straw processing telephone exchanges, manned or unmanned telephone mfg. temporary uses, construction activity, including temporary buildings, portable buildings; these uses may be limited by the County as to time textile mfg., yarn mfg. theatres-indoor tire mfg., recycling tobacco products mfg. toiletries mfg. toys and amusements mfg. TV set manufacture umbrella and cane mfg. upholstery firms veterinary clinic, hospital vegetable processing watch mfg. wayside stands welding operations wine, spirits mfg., licensed wood products mfg. wood storage wood working shops SEC. 35-384. SPECIAL USE PERMITS The following uses shall be permitted only by special use permits: appliance mfg. industrial/commercial type billboards, panels biological compounding feed milling fibre plants flour milling feed and seed processing mill grain milling metal-stamping mining parks poultry processing and packaging publishing house, printing quarrying raceways radio and TV towers radio and TV transmission/transmitters recycling centers, commercial (Amended December 21, 1993) research, development, and testing science, technology, research facilities schools-public and private special temporary churches (Amended December 21, 1993) stadiums transportation facilities, terminals trucking facilities, terminals 10.B.4.b Packet Pg. 147 Attachment: M-1-Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) truck stops vegetable oil milling, processing water systems-private wood preserving SEC. 35-385. SPECIAL PERFORMANCE STANDARDS RESERVED See Section 35-90. SEC. 35-386. AREA REGULATIONS Notwithstanding any definitive area requirement herein, the minimum permitted size of any commercial district or commercial lot, parcel, or tract shall be subject to approval by the local Department of Health. SEC. 35-387. MAXIMUM HEIGHT OF BUILDINGS The maximum height of buildings in this district shall be eighty (80) feet. The maximum height of buildings located within an Industrial Park recognized by Pittsylvania County shall be one hundred twenty (120) feet. Belfries, cupolas, chimneys, flues, flagpoles, television antennae, radio aerials, silos, and water tanks are exempt. Any building or structure shall be constructed, erected, maintained, and be of an approved type in accordance with the provisions-of the Virginia Uniform Statewide Building Code as amended and the Fire Prevention Code. SEC. 35-388. MINIMUM YARD DIMENSIONS A. Front Setback Setback from the nearest point of house or principal structure (including porches, stoops or any accessory buildings) shall be thirty-five (35) feet from the edge of right-of-way. B. Side Setback No side setback is required except that no building, structure, accessory use or outdoor storage area shall be located closer than fifty (50) feet from any type of residential use or living quarters nor residential district boundary. C. Rear Setback No rear setback is required except that no building, structure, accessory use or outdoor storage area shall be located closer than fifty (50) feet from any type of residential use or living quarters nor residential district boundary. SEC. 35-389. MAXIMUM FLOOR AREA Not regulated. SEC. 35-390. MINIMUM OFF-STREET PARKING SPACE See Regulations, Sections 35-80--35-82. SEC. 35-391. OPEN SPACE REQUIREMENTS A minimum landscaped area on any lot shall not be less than ten percent (10%) the area of the lot. This area shall be used to enhance the lot's appearance. The Zoning Administrator may require buffer zones. SEC. 35-392. MINIMUM LOADING SPACE 10.B.4.b Packet Pg. 148 Attachment: M-1-Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) See Regulations, Section 35-95. SEC. 35-393. SIGNS See Sign Regulations, Sections 35-95--35-101 SEC. 35-394. OTHER REGULATIONS Site plans are required for all uses prior to issuance of zoning permit and building permit. SECS. 35-395--35-400 RESERVED 10.B.4.b Packet Pg. 149 Attachment: M-1-Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) DIVISION 12. INDUSTRIAL DISTRICT (M-2); HEAVY INDUSTRY SEC. 35-401. PURPOSE This district is established to provide locations for larger scale manufacturing, processing, and warehousing operations which may require extensive community facilities and access to transportation facilities have open storage and service areas and generate heavy, truck traffic. These districts may be established by amendment to the Zoning Map to permit industries which have a public nuisance potential and will therefore be subject to intensive review for locational impact on surrounding land uses and environment. These districts may be established in areas; a) that are served by major highways, rail or air service, or secondary road improved to state standards; b) that are either served by public water and sewer or meet requirements of the local office of the State Health Department, and c) that are clearly suitable for intended uses with regard to physical characteristics and relationship to surrounding development. This district is designed to encompass heavy manufacturing with large outside storage, warehousing, and large product display, areas. Buffering zones may be required by the Zoning Administrator to mask industry operations from adjacent non- industrial zoned districts. This buffering may take several forms including but not limited to fencing, barriers, trees, shrubs, or other ornamental landscaping. This buffering action win be the responsibility of the industry and requirements described on the zoning document and/or building permit. SEC. 35-402. PERMITTED USES Within the heavy industry industrial district (M-2), the following uses are permitted: accessory uses abrasives mfg. agricultural warehouses animal fats, oils mfg. apparel mfg, appliances mfg.-small household type appliances mfg.-large household type appliances mfg.-industrial/commercial type arenas asphalt mixing auditoriums automobiles mfg. batteries mfg. billboards, panels blast furnaces, iron and steel works block mfg. boilers mfg. brick mfg. building materials mfg. cabinet shops cement, concrete mixing chemicals mfg. cut stone operations coal, coke storage yards conservation areas-public and private construction equipment mfg. County government uses such as Waste collection, recycling, recreation, etc. 10.B.4.c Packet Pg. 150 Attachment: M-2 Building Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) crematories distilling liquors, licensed dry cleaning-industrial electrical machinery, equipment mfg. electric transformers-private electric power generation-private emery cloth mfg. emergency service facilities-fire, rescue farm equipment mfg. feed lots feed mill feed and seed processing flooring mfg. floor covering mfg. furniture and cabinet mfg. furniture fixtures mfg. fur dressing, dyeing fur products mfg. garages, commercial for: autos, recreational vehicles, motorcycles, trucks glass, clay products mfg. greenhouses, nurseries-retail/wholesale gypsum products mfg. heliports, airports homes, modular type, mfg. iron and steel foundries kennels leather tanning operations lime, lime products, mfg. linoleum mfg. livestock markets lumber, wood products, mfg. machine shop, with punch presses manufactured/mobile homes mfg. meat processing, not slaughterhouse metal works, fabricators microwave transmission tower milk stations metal stamping monumental stone works motors, motor parts, mfg. non-emergency medical transport (Amended December 21, 2010) non-ferrous foundry offices; professional off-street parking outdoor displays on business properties paint mfg. paperboard mfg. paper mfg., raw product parking facilities-commercial permanent chipping mill permanent planing mill permanent sawmill 10.B.4.c Packet Pg. 151 Attachment: M-2 Building Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) plaster mfg. plastics mfg. portable and temporary chipping mill portable and temporary planing mill portable and temporary sawmill pottery products mfg. publishing house, printing firms public garages public utilities, including substations, power generation, water and sewer plants for treatment public utilities structures, towers public facilities, offices, storage yards public recreational facilities pulpwood storage and processing radio and TV stations railroad facilities recycling centers, commercial (Amended December 21, 1993) roads, streets, rights-of-ways, easements rubber, rubber products mfg. sand and gravel operations science, technology, research facilities security man's house sewage disposal systems mfg. seed oil milling sheet metal mfg. signs-See Sections 35-95--35-101 slaughter houses smelting operations soap mfg. soybean milling stadiums steam generation telephone exchanges, manned and unmanned temporary uses, construction activity, including temporary buildings, portable buildings-these uses may be limited by the County as to time temporary uses, including circuses, fairs, shows, carnivals-limited to four (4) months duration tires mfg., recycling tool and die works transportation mfg., large equipment transportation facilities, terminal tracking facilities, terminal truck stops vegetable oil milling veterinary clinic, hospital wine, spirits, production; licensed wood preserving operations wood storage SEC. 35-403. SPECIAL USE PERMITS The following uses shall be permitted only by special use permit: 10.B.4.c Packet Pg. 152 Attachment: M-2 Building Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) abattoirs (rendering plants) acetylene mfg. acid mfg. automobile, vehicle graveyards canning child day care (licensed) (Amended February 18, 1992) crushed stone operations curing food electric transmission-private electric towers-private fertilizer mill feed and grain storage flour milling food products mfg. frozen food products mfg. fruit processing gasoline stations gasoline storage bulk grain milling incineration of animals, garbage, wastes-non-radioactive junkyards, salvage yards LP gas, natural gas storage malt products mfg. matches mfg. milk bottling milk, dairy products mfg. mining (conforming to State regulations) oil, gas transmission facility ordnance (explosives) mfg. petroleum, petroleum by-products refining, processing, storage poultry processing, packaging private recreational facilities public landfills non-hazardous, non-radioactive materials, approved by the Virginia Department of Waste Management and Pittsylvania County Waste Ordinance (Chapter 29) public recreational facilities special temporary churches (Amended December 21, 1993) quarrying (conforming to State regulations) raceway roasted coffee, tea products radio and TV towers radio and TV transmission/transmitters salvage yards spice processing, packaging SEC. 35-404. SPECIAL PERFORMANCE STANDARDS RESERVED See Section 35-90. SEC. 35-405. AREA REGULATIONS Notwithstanding any definitive area requirement herein, the minimum permitted size .of any commercial district or commercial lot, parcel, or tract shall be subject to approval by the local · Department of Health. 10.B.4.c Packet Pg. 153 Attachment: M-2 Building Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) SEC. 35-406. MAXIMUM HEIGHT OF BUILDINGS The maximum height of buildings in this district shall be eighty (80) feet. The maximum height of buildings located within an Industrial Park recognized by Pittsylvania County shall be one hundred twenty (120) feet. Belfries, cupolas, chimneys, flues, flagpoles, television antennae, radio aerials, silos, ~and water tanks are exempt. Any building or structure shall be constructed, erected, installed, maintained, and be of an approved type in accordance with the provisions of the Virginia Uniform Statewide Building Code as amended and the Fire Prevention Code. SEC. 35-407. MINIMUM YARD DIMENSIONS A. Front Setback Setback from the nearest point of house or principal structure (including porches, stoops, or any accessory buildings) shall be thirty five (35) feet from the edge of right-of-way. B. Side Setback No side setback is required except that no building, structure, accessory use or Outdoor storage area shall be located closer than fifty (50) feet from any type of residential use or living quarters nor residential district boundary. C. Rear Setback No rear setback is required except that no building, structure, accessory use or outdoor storage area shall be located closer than fifty (50) feet from any type of residential use or living quarters nor residential district boundary. SEC. 35-408. MAXIMUM FLOOR AREA Not regulated. SEC. 35-409. MINIMUM OFF-STREET PARKING SPACE See Regulations, Sections 35-80--35-82. SEC. 35-410. OPEN SPACE REQUIREMENTS A minimum landscaped area on any lot shall not be less than ten percent (10%) the area of the lot. This area shall be used to enhance the lot's appearance. The Zoning Administrator may require buffer Zones. SEC. 35-411. MINIMUM LOADING SPACE See Regulations, Section 3545. SEC. 35-412. SIGNS 10.B.4.c Packet Pg. 154 Attachment: M-2 Building Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei) See Sign Regulations, Sections 35-95--35-101. SEC. 35-413. OTHER REGULATIONS Site plans are required for all uses prior to issuance of zoning permit and building permit. SECS. 35--414---35-528 RESERVED 10.B.4.c Packet Pg. 155 Attachment: M-2 Building Height (2753 : Revision to PCC Chapter 35, Division 11, Industrial District, Light (M-1); PCC § 35-387, Maximum Hei)