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11-16-2021 Business Meeting - DRAFT PITTSYLVANIA COUNTY BAORD OF SUPERVISORS BUSINESS MEETING November 16, 2021 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting was held on November 16, 2021 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Warren called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman - Chatham Blairs District Present 6:37 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:37 PM Joe B. Davis Supervisor - Dan River District Present 6:37 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:39 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:36 PM William V. ("Vic") Ingram Supervisor - Tunstall District Present 6:36 PM Charles H. Miller Supervisor - Banister District Present 6:38 PM AGENDA ITEMS TO BE ADDED I make a Motion to make the following changes to the Business Meeting’s Agenda: • Add Planning Commission Appointment (Tunstall District); (Gary Oakes) as item 7(k); • Add Pittsylvania County Schools “Vote Yes 4 PCS” Presentation as item 8(b); • Add Hardy Petroleum 100th Year Anniversary Presentation as item 8(c); • Finance Committee Recommendations as item 7(l); and • Add Personnel Closed Session to Agenda; Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Contact: Supervisor Davis) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator and County Attorney Purpose: Review of County Administrator and County Attorney’s Performance Evaluations Board of Supervisors November 16, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Farmer SECONDER: Dudley AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda as amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Farmer AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Miller SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. October Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) c. Resolution # 2021-11-01 (Lambert Compressor Station) Adoption (Staff Contact: Kaylyn M. McCluster) d. Letter in Support of MVP Southgate's Proposed Lambert Station Transmission Approval (Staff Contact: Kaylyn M. McCluster) e. Appointment: IDA (Joey Faucette); (Chatham-Blairs District); (Chairman Warren) f. Appointment: IDA (Ronnie Haymore); (Tunstall District); (Supervisor Ingram) g. Moral Obligation Agreement (Cyber Park Shell Building) Approval (Staff Contact: Matthew D. Rowe) h. Cherrystone and Roaring Fork Dams Inundation Study and Emergency Action Plan Engineering Awards (Staff Contact: Richard N. Hicks) i. Resolution # 2021-11-02 (Hardy Petroleum 100th Year Anniversary) Adoption (Supervisor Ingram) j. Mount Hermon Convenience Center Improvements Engineering Proposal Approval (Staff Contact: Richard N. Hicks) k. Planning Commission Appointment (Tunstall District); (Gary Oakes) Board of Supervisors November 16, 2021 Business Meeting l. Finance Committee Recommendations PRESENTATIONS a. DPCS Annual Report (Contacts: Jim Bebeau and Kim Van Der Hyde) Bebeau and Van Der Hyde, DPCS Board Member, presented the DPCS’ Annual Report to the Board. b. Pittsylvania County Schools "Vote Yes 4 PCS" Presentation Dr. Mark Jones, Pittsylvania County Schools Superintendent, and Gayle Barts, “Vote Yes 4 PCS” Committee Member, gave an update on the schools 1% sales tax referendum that was recently on the ballot. c. Hardy Petroleum 100th Year Anniversary Ingram presented Resolution # 2021-11-02 to Hardy Petroleum recognizing their 100th year anniversary. HEARING OF THE CITIZENS None. PUBLIC HEARINGS Other Public Hearings 1. Public Hearing: Revisions to PCC § 35-141(C), Utility Scale Solar Energy Facility; PCC § 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities; and PCC § 35-141(E), Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities. (Staff Contact: Emily S. Ragsdale) The Virginia General Assembly recently passed legislation giving localities additional measures to further regulate the development of utility scale solar energy facilities. Ragsdale proposed the following amendments to the County’s Solar Ordinance: (1) Pittsylvania County Code (“PCC”) § 35-141(C), Utility Scale Solar Energy Facility; (2) PCC § 35-141(D), Permitting Requirements for Large and Utility Scale Solar Energy Facilities; and (3) PCC § 35-141(E), Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities. to increase regulations for Utility Scale Solar Energy Facilities such as increased buffering requirements and additional controls to ensure all conditions and regulations are met prior to producing power. Ragsdale also proposed that language is included to ensure that the County can capitalize on the ability to enter into Siting Agreement, as currently allowed by the Code of Virginia. On November 4, 2021, the Planning Commission recommended approval by a 7-0 vote, with opposition Board of Supervisors November 16, 2021 Business Meeting Warren opened the Public Hearing at 7:32 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:40 PM. Motion to approve the revisions to the County’s Solar Ordinance as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Miller AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Redistricting Plans Public Comment (Staff Contact: Dave F. Arnold) As required by Virginia Code § 24.2-304.1, the County is currently in the redistricting process. This process is required to take place every ten (10) years based on the United States Census, and the goal is for every Magisterial District to have roughly equal population. Virginia Code § 24.2- 129 requires the County allow Public Comment on the potential Redistricting Plans. This Public Hearing has been duly advertised as legally required in The Chatham Star Tribune on November 3, 2021, and November 10, 2021. Warren opened the Public Hearing at 7:41 PM. Henry Myers, spoke on behalf of the NAACP, and he thanked the Board for their time and thanked ARC Bridge for their work on this project, as well as their willingness to speak with the NAACP and answer questions regarding this process. He stated the population in the County is decreasing, as well as the black population decreasing. The NAACP would like for the Board to choose Plan A for the new redistricting plan. Plans B and C totally dilute the black vote, and they feel Plan A is the best suited plan. No one else signed up to speak and Warren closed the Public Hearing at 7:53 PM. There was consensus of the Board to take no action until after the public comment period has been completed. UNFINISHED BUSINESS None. NEW BUSINESS None. MATTERS FROM WORK SESSION (IF ANY) None. BOARD MEMBER REPORTS • Ingram stated he would like for everyone to come together with forgiveness and move forward. He also thanked the Boy Scouts for being present at the Meeting. He thanked Morris Stowe for his years of service on the Planning Commission, and he also wished everyone a Happy Thanksgiving. Board of Supervisors November 16, 2021 Business Meeting • Farmer stated that Main Street Gretna has a new mural that Revitalization for a Greater Gretna (“RGG”) headed up. Gretna merchants, Dianna Burkholder, and Rick Armstrong also had funding in this project. • Dudley recognized Dennis Delappe for being present at the Meeting. He thanked the Boy Scouts for being in attendance and encouraged everyone to get together with family over the holiday. • Miller stated, regarding redistricting, that he has had the opportunity to communicate with ones in his District and Plan A seems to be the most equitable. He asked everyone to remember the Jack Miller family of Gretna. He congratulated the young men in the Boy Scouts and stated that back in 1964 he was a boy scout also and was in Troop 238. He congratulated Barksdale on his victory in taking the seat for the Banister district on the Board. • Davis thanked everyone for their presentations and wished everyone a Happy Thanksgiving. • Scearce also recognized the new Board Members, Darrell Dalton, Jessie Barksdale, and Tim Chesher. He wished everyone a Happy Thanksgiving. • Warren thanked Van Der Hyde and Jim Bebeau from DPCS for the annual report and for the hard work they do. He also recognized Mr. Barksdale, Mr. Dalton, and Mr. Chesher and welcomed them to the Board in January. He also recognized the Boy Scouts in attendance at the Meeting, and he wished everyone a Happy Thanksgiving. COUNTY ADMINISTRATOR REPORTS Smitherman recognized the Boy Scouts in attendance at the Meeting. CLOSED SESSION - PERSONNEL Motion to enter Closed Session. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Contact: Supervisor Davis) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator and County Attorney Purpose: Review of County Administrator and County Attorney’s Performance Evaluations The Board entered Closed Session at 8:10 PM. Board of Supervisors November 16, 2021 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Dudley SECONDER: Scearce AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION The Board returned to Open Session at 8:20 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED at the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on November 16, 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 Joe B. Davis Yes Timothy W. Dudley Yes Ben L. Farmer Yes William V. (“Vic”) Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes ADJOURNMENT Warren adjourned the Meeting at 8:21 PM.