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03-12-2019 Business Meeting - DRAFT March 12, 2019 Business Meeting Pittsylvania County Board of Supervisors Business Meeting March 12, 2019 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on March 12, 2019, in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Joe B. Davis Chairman - Dan River District Present 6:49 PM Charles H. Miller Vice Chairman - Banister District Present 6:48 PM Tim R. Barber Supervisor - Tunstall District Present 6:48 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:48 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:48 PM Ronald S. Scearce Supervisor - Westover District Present 6:48 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Absent Mr. Hunt read a statement from Mr. Warren regarding his absence, which is attached. Also in attendance were Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant County Administrator for Operations; Mrs. Kimberly G. VanDerHyde, Director of Finance; and Mrs. Kaylyn M. McCluster, Deputy Clerk. AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: New Business as item 12e: Legislative Committee Recommendation - Fire and EMS Appointments as item 13C - Pittsylvania County Service Authority RESULT: ADOPTED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren APPROVAL OF AGENDA Motion to approve the Agenda. Board of Supervisors March 12, 2019 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren a. Minutes: February 19, 2019 Joint Meeting with School Board, Finance Committee, Work Session, and Business Meeting (Staff Contact: Kaylyn M. McCluster) b. Proclamation: National Colorectal Cancer Awareness Month (Staff Contact: Kaylyn M. McCluster) c. Proclamation: American Red Cross Month (Staff Contact: Kaylyn M. McCluster) d. Proclamation: National Agriculture Week (Staff Contact: Kaylyn M. McCluster) e. Proclamation: National Service Recognition Day (Staff Contact: Kaylyn M. McCluster) PRESENTATIONS HEARING OF THE CITIZENS Sterling Bernard voiced his concerns on the paving of Craddock Lane in the Climax Community. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-19-005; Charles and Carol Balderson; Banister Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:10 PM. Mr. and Mrs. Balderson were present to represent the Petition. No one signed up to speak, and Mr. Davis closed the Public Hearing at 7:10 PM. Motion to rezone a total of 16.02 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to make the zoning consistent with the adjacent parcel of land zoned A-1). Board of Supervisors March 12, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Vice Chairman - Banister District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren Case 2: Public Hearing: Rezoning Case R-19-006; Chatham Amish Church Trustees; Callands-Gretna Election District, C-1, Conservation District, to M-1, Industrial District, Light Industry (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:13 PM. Jason Schrock was present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:14 PM. Motion to rezone a total of 19.67 acres, four (4) parcels of land, from C-1, Conservation District, to M-1, Industrial District, Light Industry (to manufacture roof trusses). RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren Case 3: Public Hearing: Rezoning Case R-19-007; Donion & Olivia Wilson; Tunstall Election District, M-2, Industrial District, Heavy Industry, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:15 PM. Donion Wilson present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:15 PM. Motion to rezone 30.66 acres from M-2, Industrial District, Heavy Industry, to A-1, Agricultural District (for agricultural use - plant trees). RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren Case 4: Public Hearing: Rezoning Case R-19-008; True Way Deliverance Church; Banister Election District, R-1, Residential Suburban Subdivision District, to B-1, Business District, Limited (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:16 PM. Betty Brandon was present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:16 PM. Motion to rezone 0.83 acre from R-1, Residential Suburban Subdivision District, to B-1, Board of Supervisors March 12, 2019 Business Meeting Business District, Limited (for a child day care center). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Vice Chairman - Banister District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren Case 5: Public Hearing: Rezoning Case R-19-009; Carol Ann Bennett & Jason Eddie Bennett Callands-Gretna Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:20 PM. No one was present to represent the Petition and no one signed up to speak. Mr. Davis closed the Public Hearing at 7:20 PM. Motion to rezone 12.46 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to probate the will and to rectify the mistake of the County’s records). RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren Case 6: Public Hearing: Rezoning Case R-19-010; Marvin and Margaret Hylton; Westover Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:25 PM. No one was present to represent the Petition and no one signed up to speak. Mr. Davis closed the Public Hearing at 7:25 PM. Motion to rezone a total of 19.12 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to rectify the mistake of the County’s records). RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren Case 7: Public Hearing: Rezoning Case R-19-011; Pittsylvania County Board of Supervisors; Chatham-Blairs Election District, A-1, Agricultural District, to RMF, Residential Multi-Family District (Staff Contact: Gregory L. Sides) Mr. Davis opened the Public Hearing at 7:26 PM. Mr. Smitherman was present to represent the Board of Supervisors March 12, 2019 Business Meeting Petition. Mr. Sam Sari was present and gave a presentation to the Board regarding the Landmark Group. Dr. Miller asked about the residential portions being mid-upper level and Mr. Sari’s response was that mid-to-moderate income range is considered $15,000 - $37,000 per year. Mr. Blackstock stated the County has allowed the building to fall into disrepair and this building has a special place and is of historical nature. This is a way out for the County and for the building to be preserved for the betterment of the community. Mr. Farmer asked about parking and if there is additional parking to support community/public events. Mr. Sari stated parking could be an issue, but they are attempting to work in additional parking in the future if there seems to be a big issue. Mr. Davis stated he likes the fact the soccer league can still use the Facility. Wayne Robertson, Chatham-Blairs District, spoke against the rezoning and sale of this property. He stated his concerns about the schools being full and when things happen at Berry Hill the County will need another school. He requested the Board put this item off and reconsider. Edward Hairston, Tunstall District, stated that the school has a lot of sentimental value to him, and he would like to keep the building preserved. He thinks it would be a good representation of our schools and community. No one else signed up to speak and Mr. Davis closed the Public Hearing at 7:50 PM. Mr. Barber also stated that he has been on this Board for fifteen (15) years and he could not think of a better use of the building. Motion to rezone 14.89 acres from A-1, Agricultural District, to RMF, Residential Multi-Family District (to renovate the old Blairs School into apartments). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Vice Chairman - Banister District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren Other Public Hearings 1. Public Hearing: Elderly and Indigent Real Estate Exemption Revision (Staff Contact: J. Vaden Hunt, Esq.) Recently, both the Legislative Committee and the full Board unanimously recommended holding a Public Hearing to potentially adopt amendments to Pittsylvania County Code § 6-6(5) - (8), allowing proration of the elderly and indigent partial real estate tax exemption for certain changes in circumstances as authorized by Virginia Code § 58.1-3215. Mr. Davis opened the Public Hearing at 7:55 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:55 PM. Motion to adopt the revisions to Pittsylvania County Code § 6-6 as presented. Board of Supervisors March 12, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren 2. Public Hearing: Land Use Late Filing Ordinance Revision (Staff Contact: J. Vaden Hunt, Esq.) Recently, both the Legislative Committee and the full Board unanimously recommended holding a Public Hearing on a proposed revision to Pittsylvania County Code (“PCC”) § 6-12.2, creating a new subsection (B) thereof, allowing for the late filing of Land Use Applications with a $100 per parcel penalty as authorized by Virginia Code § 58.1-3234(3). Mr. Davis opened the Public Hearing at 7:57 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:57 PM. Motion to adopt the revision to Pittsylvania County Code § 6-12.2 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren 3. Public Hearing: Animal Nuisance Ordinance (Staff Contact: J. Vaden Hunt, Esq.) Mr. Davis opened the Public Hearing at 8:01 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 8:01 PM. Recently, both the Legislative Committee and the full Board unanimously recommended holding a Public Hearing on the potential adoption of a proposed Animal Public Nuisance Ordinance for inclusion in Chapter 2 of the Pittsylvania County Code as authorized by Virginia Code § 15.2- 1200. Motion to take no action related to adoption of the proposed Animal Public Nuisance Ordinance, and instead direct County Staff to work with the County’s agricultural community to attempt to develop mutually acceptable language for a potential related revised Ordinance to be brought back to the Board at an appropriate time in the future for review and consideration. Board of Supervisors March 12, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren 4. Public Hearing: Old Blairs Middle School Property Disposition Public Hearing (Staff Contact: Richard N. Hicks) Mr. Davis opened the Public Hearing at 8:05 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 8:05 PM. UNFINISHED BUSINESS NEW BUSINESS a. Approval of Documents for the Potential Disposition of Old Blairs Middle School Property and Related Documents (Staff Contact: Richard N. Hicks) County Staff has been working with the Landmark Group, a North Carolina development firm, on the future redevelopment of the Old Blairs Middle School Property (also formerly Southside High School; the “Property”) into apartments (55-units). Following the successful rezoning of the Property, County Staff recommends the potential donation of the Property to the Landmark Group. Motion to authorize the County Administrator, or his designee, to commence the potential donation of the Property to the Landmark Group by executing, or causing the execution by the Board, of the following documents as presented: (1) Donation Agreement; (2) Revitalization Resolution; (3) Zoning Certification Letter; (4) Locality CEO Letter; and (5) An Ordinance to Partially Exempt Real Estate Taxation for the Property Proposed to be known as Southside Lofts, Located in Pittsylvania County, Virginia, by Local Designation. RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Vice Chairman - Banister District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren b. Approval of Emergency Generator Operations Agreement (Staff Contact: Richard N. Hicks) County Staff was contacted by NRG Curtailment Services, Inc. (“NCS”), about a Demand Response Program through the PJM Interconnection for the County’s region. PJM Interconnection is a Regional Transmission Organization (“RTO”) that coordinates the movement of wholesale electricity in the following states: Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, Board of Supervisors March 12, 2019 Business Meeting West Virginia, and the District of Columbia. The RTO is regulated by the Federal Energy Regulatory Commission. NCS is offering a Program that would utilize some of the County’s emergency generators in the event of an emergency within the RTO territory. In the event of an emergency, NCS could call for the County’s generators to operate for up to ten (10) hours within a given day. The Program has been in operation for five (5) years, and to date, there have been no calls for the emergency generators to operate. By enrolling in the Program, the County would be paid once per year, even if the generators are not called upon. There is a requirement that the generators be tested once per year at a specific time, to insure their operation. County Staff would propose enrolling the generators at the Courthouse, Jail, and the 911 Center, for a total of 333 kilowatts. Based on this load, over a three (3)-year period, the County would be paid somewhere within the range of $26,520 to $35,360. For your review and consideration, attached please find a copy of NCS’ Proposal and a revenue estimate. Mr. Scearce asked about a set rate if it were used more than the one (1) hour and Mr. Farmer asked if there was an emergency situation and the County were in use of the generator, would it make a difference. Mr. Hicks stated that the rate would be the same no matter the circumstance. Motion to authorize the County Administrator to execute the attached agreement with NCS as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren c. Award of Engineering Contracts for Ringgold Trail and Ringgold Railroad Repairs (Staff Contact: Richard N. Hicks) The County was recently declared a Federal Disaster Area due to damages of the recent tropical storm. Significant damage was identified at the Ringgold Walking Trail and the Ringgold Railroad, both owned by the County. Based on the Federal Declaration, the Federal Government will pay 75% of the recovery costs, the State will pay 20%, leaving the County responsible for 5% of the total cost. County Staff has met with FEMA representatives and the County is ready to proceed with the development of plans and specifications for the necessary repairs to both areas. Dewberry has provided a Proposal for the engineering work on the Ringgold Walking trail at a cost of $150,336, and a Proposal for similar Ringgold Railroad work at a cost of $13,680. The Agreements are proposed as additions to an existing On-Call Agreement with the Western Piedmont Planning District Commission, which allows for local governments within the region to participate under this Agreement; thereby, satisfying State Procurement law. Board of Supervisors March 12, 2019 Business Meeting Motion to authorize the County Administrator to execute the attached Agreements with Dewberry as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren d. Center for Innovative Technology Facilitation - County Broadband Initiative (Staff Contact: Gregory L. Sides) The Center for Innovative Technology (“CIT”) is funded by the Commonwealth of Virginia to assist localities in planning Broadband Initiatives. Staff recommended the Board approve partnering with CIT in facilitating the County’s Broadband Initiative. Mr. Blackstock asked about a letter of support Mecklenburg Electric and Mr. Smitherman stated they will be engaging in conversation with three (3) broadband providers in the County. Motion to approve partnering with the CIT in facilitating the County’s Broadband Initiative. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren e. Legislative Committee Recommendations - Fire & EMS At the March 7, 2019, Legislative Committee (“LC”) Meeting, the LC received a report from Christopher C. Slemp, Public Safety Director, regarding the Ad Hoc Committee’s work on the new Public Safety Ordinance. Slemp and Supervisor Scearce updated the LC on many items proposed and suggested that the final draft would likely be available for Board adoption at its May Business Meeting. After discussion, Supervisor Scearce, seconded by Supervisor Barber, moved that the proposed Fire and Rescue Commission be comprised of no more than nine (9) members, by eliminating the EMS-only and Law Enforcement Members specified in the attached proposed draft, and that the Board retain authority to appoint any and all citizen appointees to the proposed Commission. Said recommendation to the full Board was passed by the LC unanimously. Motion that the proposed Fire and Rescue Commission be comprised of no more than nine (9) members, by eliminating the EMS-only and Law Enforcement Members specified in the attached proposed draft, and that the Board retain authority to appoint the citizen appointees to the Commission. Board of Supervisors March 12, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren APPOINTMENTS a. Appointment: DSS Board; Staunton River District (Supervisor Blackstock) Due to Stedman Payne’s resignation from the Pittsylvania County Department of Social Services Board, there needs to be a representative appointed for the Staunton River District to fulfill his term expiring in June of 2019. Motion to appoint Christopher Barbour to the Pittsylvania County Department of Social Services Board to fill an unexpired term expiring in June of 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren b. Appointment: Pittsylvania County Service Authority; Tim R. Barber (Staff Contact: Kaylyn M. McCluster) Tim R. Barber, Supervisor, currently serves on the Pittsylvania County Service Authority (“PCSA”). Mr. Barber’s term will expire on March 31, 2019. He is eligible for another four (4) year term, starting on April 1, 2019. Motion to reappoint Mr. Barber to the PCSA for a four (4)-year term starting on April 1, 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren c. Pittsylvania County Service Authority Willie Fitzgerald currently serves on the Pittsylvania County Service Authority (“PCSA”). Mr. Fitzgerald’s term will expire on March 31, 2019. He is eligible for another four (4)-year term, starting on April 1, 2019. Motion to reappoint Mr. Fitzgerald to the PCSA for a four (4)-year term starting on April 1, 2019. Board of Supervisors March 12, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Vice Chairman - Banister District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren MATTERS FROM WORK SESSION (IF ANY) a. AEP Power Line Potential Revisions to Pittsylvania County Code Section 35-50 (Staff Contact: Gregory L. Sides) At the earlier Work Session, an AEP representative presented to the Board the proposed revisions to Pittsylvania County Code § 35-50, relating to providing electrical service for the Southern Virginia Mega Site at Berry Hill. Motion to recommend that the proposed amendments to § 35-50 of the Pittsylvania County Zoning Ordinance be referred to the Pittsylvania County Planning Commission for a Public Hearing at their April 2, 2019, Meeting and authorizing County Staff to advertise the attached proposed revisions to Pittsylvania County Code § 35-50 for a Public Hearing for potential adoption at the April 16, 2019, Board of Supervisors Business Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce ABSENT: Warren BOARD MEMBER REPORTS Mr. Farmer invited everyone to come out to the April 4th Community Meeting regarding SCS Broadband at Gretna High School at 7:00 PM. Mr. Scearce stated the Friends of NRA Banquet that was held on February 28th raised over $60,000 and that money stays in our area to help with the Boy Scouts or the Schools JROTC Program. Dr. Miller voiced his appreciation to all members of the Board for the positive way everyone is supporting the minority community. He stated that everyone working together for positive goals is very much appreciated. Mr. Davis thanked County Staff and everyone for attending the Meeting. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman reminded everyone of the four (4) Community Budget Meetings and welcomed every citizen to come out and hear about the Budget. ADJOURNMENT Mr. Davis adjourned the Meeting at 8:35 PM. Board of Supervisors March 12, 2019 Business Meeting