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05-18-2021 Business Meeting - FINALMay 18, 2021 Business Meeting Pittsylvania County Board of Supervisors’ Business Meeting May 18, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held on May 18, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman; Chatham Blairs District Present 6:34 PM Ronald S. Scearce Vice-Chairman; Westover District Present 6:33 PM Joe B. Davis Supervisor; Dan River District Present 6:33 PM Timothy W. Dudley Supervisor; Staunton River District Present 6:34 PM Ben L. Farmer Supervisor; Callands-Gretna District Present 6:31 PM William V. ("Vic") Ingram Supervisor; Tunstall District Present 6:31 PM Charles H. Miller, Jr. Supervisor; Banister District Present 6:33 PM AGENDA ITEMS TO BE ADDED Motion to make the following revisions to the Agenda: -Add the following items to Consent Agenda: Item 7(n): IALR Appointment (David Bennett, Intertape) Approval Item 7(o): Business Appreciation Week Proclamation Approval Item 7(p): Second Amendment to Staunton River Plastics, LLC, Lease Purchase Agreement Approval -Remove Item 7(i), Naming Committee from Consent Agenda -Remove Agenda Item 10B(4) Public Hearing: Music Festival Ordinance Potential Revisions Adoption RESULT: ADOPTED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Vice-Chairman - Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda. Board of Supervisors May 18, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Davis SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Scearce SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde) c. Community Action Month Proclamation Approval (Staff Contact: Kaylyn M. McCluster) d. VDH Vaccine Clinic MOU Approval (Staff Contact: Christopher C. Slemp) e. Old Blairs School/Southside High School Partial Real Estate Tax Abatement Extension Approval (Staff Contact: Richard N. Hicks) f. Mt. Hermon Convenience Center Land Purchase Approval (Staff Contact: Richard N. Hicks) g. Resolution # 2021-05-04 (Redistricting Split Precincts Waiver Application Submission Authorization); (Staff Contact: Kelly A. Keesee) h. Public Safety, Jail, and Sheriff's Office Uniform Contract Award Approval (Staff Contact: Connie M. Gibson) i. Matthew Arnold VHSL Golf State Championship Certificate Approval (Chairman Warren) j. Resolution # 2021-05-01 (Honoring Sheriff G. Harold Plaster) Adoption (Supervisor Ingram) k. Resolution # 2021-05-02 (Honoring F.A. Keatts) Adoption (Supervisor Ingram) l. Resolution # 2021-05-03 (Honoring H. Darrel Shelton) Adoption (Supervisor Ingram) m. IALR Appointment (David Bennett, Intertape) Approval n. Business Appreciation Week Proclamation Approval o. Second Amendment to Staunton River Plastics, LLC, Lease Purchase Agreement Approval ITEMS REMOVED FROM CONSENT AGENDA 7i. Naming Committee Appointments (Chairman Warren) 10(B)4 Public Hearing: Music Festival PCC Revisions (Staff Contact: Emily S. Ragsdale) PRESENTATIONS Board of Supervisors May 18, 2021 Business Meeting a. Arnold Certificate Presentation (Chairman Warren) Warren read Mr. Arnold's Certificate of Excellence for his VHSL State Golf Championship. b. Community Action Month Proclamation Presentation (Chairman Warren) Miller presented the Community Action Month Proclamation to Ms. Everlena Ross. c. Plaster Resolution Presentation (Supervisor Ingram) Ingram presented Resolution # 2021-05-01 to the late Sheriff Plaster’s family. d. Keatts Resolution Presentation (Supervisor Ingram) Ingram presented Resolution # 2021-05-02 to the late F. A. Keatts’ family. e. Shelton Resolution Presentation (Supervisor Ingram) Ingram read Resolution # 2021-05-03 recognizing Darrel Shelton for his work through the Library system. HEARING OF THE CITIZENS • Melton Vernon stated he lives in California but was speaking with his mom who owns sixty-seven (67) acres on White Oak Mountain. He is concerned about the health and safety of the attendees and those who live close to the property. He suggested that those who live within two (2) miles of the property receive two (2) cents for every person admitted to the venue, per acre of ownership; up to a maximum of $10,000. • Jean Vernon stated she owns property on White Oak Mountain and stated that she won a suit against a junkyard, but there is a junkyard still there on Route 863. She spoke about possible mosh pits at the Music Festival and she is also concerned about cleanup and destruction of property in that area as well as the condition of the roads that must be traveled through that area. She stated she wants people to be safe and happy. • Deborah Dix, Chatham-Blairs District, stated she lives on Lester Lane. She stated it is a very quiet neighborhood, but the road is bad through that area. She thinks it would be great to start a venue out in Berry Hill. She also voiced her concerns about the weather being a problem in the area as the road floods at two (2) to three (3) inches of rain. Dennis Smith signed up to speak but was not present when he was called. • Jonathan Hollie, Chatham-Blairs District, thanked the Board for the careful consideration of this Ordinance. He stated under Section 10-2B it states, “exceeding six (6) hours”. He questions if there would be anything that governs events under six (6) hours. He also stated Sections 10-4(G) and (H), which concerns lighting and sound, it just says "unreasonable." He feels this is subjectable as to what may be unreasonable for him may be reasonable for someone else. He thanked the Board for looking out for the safety of the citizens and the community. • Dylan Sparks, Chatham-Blairs District, thanked the Board for the ability to speak and for their consideration of this Ordinance. He stated his major concern is the proposed size of the venue and he is concerned about the health and safety of the citizens of the county. They deserve to spend their days and nights in peace and not have to give that up due to an event like this. He stated citizens deserve Ordinances that protect all local homeowners who have paid taxes to the County and made sacrifices to get where they are at. He also voiced his concerns regarding the drug and alcohol use that comes with these events. • Howard Terry, Dan River District, stated he was born in Danville and was uprooted years Board of Supervisors May 18, 2021 Business Meeting ago. He stated he was the heir to his grandmother’s land and stated he was present to represent the family and their legacy. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Case R-21-007 Cornerstone Church of Christ; Rezoning from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural (Supervisor Miller) Warren opened the Public Hearing at 7:46 PM. Representatives from Cornerstone Church of Christ were present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:48 PM. Motion to approve the rezoning of 1.74 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the subject 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-21-008 Gregory and Janie Robinson; Rezoning from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Farmer) Warren opened the Public Hearing at 7:49 PM. Gregory Robinson was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:50 PM. Motion to approve the rezoning of 24.72 acres from A-1, Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow a second dwelling to be constructed on the property. 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 3: Public Hearing: Case R-21-009 Haile Gatewood, Jr.; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Chairman Warren) Warren opened the Public Hearing at 7:51 PM. Haile Gatewood, Jr., was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:52 PM. Motion to approve the rezoning a total of 1.20 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to combine with an adjacent parcel. The rezoning would be consistent with the County’s Comprehensive Plan. Board of Supervisors May 18, 2021 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 4: Public Hearing: Case R-21-010 Mark Redd; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Supervisor Miller) Warren opened the Public Hearing at 7:53 PM. Mark Redd was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 7:54 PM. Motion to approve the rezoning a total of 0.118 acres, from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to combine with an adjacent parcel. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 5: Public Hearing: Case R-21-011; Jeremy and Julia Watson; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Supervisor Dudley) Warren opened the Public Hearing at 7:55 PM. Jeremy and Julia Watson were present to represent the Petition. Watson stated he and his wife purchased the property back in November with the hopes of having a small farm for his children. Faye Dalton was the first signed up to speak and she spoke against the rezoning. She voiced her concern that the property was bought as residential and zoned as residential. She stated she does not want the sound or smell of cattle and/or hogs. Myra Jones also spoke against the rezoning and agreed that the property was bought as residential property. She stated the smells would affect the quality of life for the residents of that community. Juan Smith also spoke against the rezoning and she lives directly across from the property and her concern is also the smell. She stated it is an older community and they like to sit outside and put their windows up when the weather is nice. Ruby Wilson also spoke against the rezoning and stated this is more like a retirement community. Her husband has spent his entire eighty-five (85) years on this property. She stated there had been attempts at raising hogs and they could not control the smell or flies. James Wilson thanked the Board for listening to the concerns and stated that the community was built on faith and trust, and somewhere down the line, he feels like trust was broken. He worries that Watson, living so far away, if something gets out of hand, who is going to handle the situation. He would like for the Board to reconsider and leave the zoning as it currently is. Watson spoke again and stated there is water on the property from a well, and there is also a creek that runs the backside of the property. Warren closed the Public Hearing at 8:20 PM. Hunt stated that proffers are binding conditions that are attached to a piece of property once entered and are binding for the current owner and all future owners of that land. Board of Supervisors May 18, 2021 Business Meeting Motion to approve the rezoning a total of 44.30 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow for agricultural use with the proffers offered by the Petitioner. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 6: Public Hearing: Case R-21-012 Gentry Farms, LLC; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Davis) Warren opened the Public Hearing at 8:25 PM. A representative from Gentry Farms, LLC, was present to represent the Petition. No one signed up to speak and Warren closed the Public Hearing at 8:27 PM. Motion to approve the rezoning of 56.13 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural use and recreational use. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Davis SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: VDOT Secondary Six (6)-Year Plan (Contact: Jay Craddock) Annually, the Board and the Virginia Department of Transportation (“VDOT”) are required to hold a Public Hearing to receive citizen input on the proposed Secondary Six (6)-Year Plan. Jay Craddock, VDOT Assistant Resident Engineer, presented the proposed Plan to the Board at the April 20, 2021, Work Session. Warren opened the Public Hearing at 8:29 PM. No one signed up to speak and Warren closed the Public Hearing at 8:34 PM. Motion to approve the proposed VDOT Secondary Six (6)-Year Plan as presented and authorize the County Administrator to sign any related necessary documentation. Board of Supervisors May 18, 2021 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Residential Waste Hauling PCC Revisions (Staff Contact: Chris Adcock) Warren opened the Public Hearing at 8:35 PM. No one signed up to speak and Warren closed the Public Hearing at 8:36 PM. Farmer asked if citizens signed up for this service, are they still required to pay the annual Solid Waste fee? Hunt stated, if the citizen demonstrates to the Commissioner of the Revenue’s Office that they do not use the Landfill and they use a private service to dump their trash, they are exempt from the Solid Waste fee. That is an exemption in the Pittsylvania County Code. Motion to approve the attached revisions to PCC § 17-5 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Ingram AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 3. Public Hearing: Temporary Camping/Campground Revisions (Staff Contact: Emily S. Ragsdale) To ensure that the Pittsylvania County Zoning Ordinance can better regulate growing trends, specifically camping associated with special events and regulations governing approved campgrounds, County Community Development Staff has recommended revisions to Pittsylvania County Code. This creates PCC § 35-87 (Temporary Camping), and amends PCC § 35-138 (Campgrounds and Recreational Vehicle/Camper Areas). Warren opened the Public Hearing at 8:38 PM. Kathy Nixon, Chatham-Blairs District, signed up to speak and she stated that setting very clear guidelines is very important, as well as holding to those commitments. She thanked the Board for delaying the comments on the Music Festivals. She stated in Section 3-87, Temporary Camping Ordinance, that it states twenty-one (21) days, and she said that twenty-one (21) days is a very long time. She asked what the limits are on the events. She also requested for quiet hours to be designated. The event advertises from 2:00 AM until 8:00 AM, but she suggested 11:00 PM until 8:00 AM. She also questioned burning bans, as there are no regulations on the camping ordinance regarding campfires. She stated that she is thankful that all lots must have water and sewer. Ragsdale stated the twenty-one (21) days allows ODAC and the Fair Grounds to accommodate their workers being their events usually run for two (2) weeks and this allows them set up and take down time. Mr. Warren closed the Public Hearing at 8:45 PM. Motion to approve the creation of PCC § 35-87 and the revisions to § 35-138 as presented. Board of Supervisors May 18, 2021 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Scearce SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS None. NEW BUSINESS a. Estate of Mary J. Walters Excess Funds Payment (Staff Contact: J. Vaden Hunt, Esq.) Item failed for a lack of Motion. b. DRHA CDBG Planning Grant Submission Approval (Staff Contact: Emily S. Ragsdale) The Danville Redevelopment and Housing Authority (“DRHA”) has recently purchased fourteen (14) acres in the County with the intent of constructing ten (10) homes for workforce housing (“Project”). DRHA desires to request a $50,000 Community Development Block Grant (“CDBG”) Planning Grant from the Virginia Department of Housing and Community Development (“DHCD”) to fund a feasibility study, environmental assessment, and the development of construction plans for the Project. Based on CDBG guidelines, the County is required to be the applicant and act as Fiscal Agent for the Project. The West Piedmont Planning District Commission has agreed to serve as the Grant writer and administrator. Motion to authorize County Staff to apply on behalf of DRHA requesting $50,000 from the CDBG Planning Grant Program for the Project. RESULT: APPROVED [UNANIMOUS] MOVER: Miller SECONDER: Davis AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller MATTERS FROM WORK SESSION (IF ANY) None. BOARD MEMBER REPORTS • Dudley wanted to remember Donnie Vaden who lost his brother this week. He also stated his next-door neighbor has been sick and has dementia and asked for prayers for the Krantz family. He wanted to thank Emily for the great job she does with the rezoning cases and he also thanked Hunt and the rest of County Staff for their hard work and to let them know they are appreciated. • Miller stated that this past Saturday was May 15th, and it would have been the 69th birthday of Stedman Payne. • Ingram stated that he wanted to thank his colleagues on the Board for allowing him to Board of Supervisors May 18, 2021 Business Meeting present the Resolutions in Honor of F.A. Keatts, Sheriff Plaster, and Darrel Shelton. He also asked for everyone to keep Pam Ford in prayer during the loss of her daughter and recognized several of those who have lost their lives in the line of duty. • Farmer stated the Climax Volunteer Fire and Rescue Squad drive thru fish dinner fundraiser will be on Saturday, May 22 at 4:30 PM. • Scearce thanked all that supported the friends of NRA banquet. They raised around $56,000 and thanked all those who participated. • Warren reminded everyone that the Work Sessions begin at 4:30 PM and is also livestreamed for citizens to attend or watch. He also thanked the community citizens that had the meeting Thursday night that he and Scearce attended regarding the Music Festival. He complimented Mr. Nixon and Mr. Hollie for the way they have asked questions and handled themselves in such a professional manner. He also thanked the Sheriff for coming and participating in that Meeting. Finally, he appointed Dudley, Miller, Scearce, and Ingram to the Naming Committee, with Scearce being the Committee’s Chairman. COUNTY ADMINISTRATOR REPORTS Smitherman stated he had the pleasure of working with Miller finalizing the diagrams of the African American Memorial to be placed in Chatham on Center Street. He thanked Dewberry for donating their professional landscaping and engineering services to create this drawing. The Gretna vaccination clinic will be closing this week and the last vaccination date is May 20th. There were two (2) very successful mass vaccination days as well as six (6) or eight (8) smaller clinic days. The County has requested to get out of the lease thirty (30) days early. He had the pleasure of doing a ride along with deputies last week to see what they do, and he was thankful to be able to get to know those employees. He commended them for their patience and professionalism. He also stated that a $600,000 Grant was received to remediate Brownfields and do engineering work for remediation and planning for environmentally challenged properties in Hurt, Gretna, Chatham, and Blairs. The County is one (1) of four (4) recipients in Virginia to receive this Grant. ADJOURNMENT Warren adjourned the Meeting at 9:04 PM