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06-21-2022 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, June 21, 2022 – 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. County's 2022 May Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) b. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) c. Certificate of Excellence (Tunstall High School Robotics State Championship) Adoption (Chairman Ingram) d. Proclamation Adoption Ratification (June 2; “Business Appreciation Day”); (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2022-06-01 (VDOT Six (6)-Year Plan) Adoption (Staff Contact: Kaylyn M. McCluster) f. Certificate of Excellence (Nathan Harker Virginia Logger of the Year Award) Adoption (Contact: Supervisor Dudley) g. Certificate of Excellence (Emilee B. Harker Liberty University President’s Award for Excellence in Teaching) Approval (Contact: Supervisor Dudley) h. Hurt Partners Landfill Tipping Fee Waiver Ratification (Staff Contact: Matthew D. Rowe) Business Meeting - June 21, 2022 i. NRCS Cherrystone 2 Dam Grant/Appropriation Approval Ratification (Staff Contact: Christopher C. Slermp) j. Appointment: DPCS (Banister District); (Contact: Supervisor Barksdale) k. Appointment: DPCS Board (Callands-Gretna District); (Supervisor Dalton) l. Appointment: Library Board (Banister District); (Supervisor Barksdale) m. Re-Appointment (DCC Advisory Board ); (Full Board); (Staff Contact: Kaylyn M. McCluster) n. Fire and Rescue ARPA Applications Funding Approval (Staff Contact: Christopher C. Slemp) o. Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Hon. Robin C. Goard) p. Town of Chatham/County First Amendment to Master Water and Sewer Extension Approval (Staff Contact: Chris Adcock) q. Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim Van Der Hyde) 8. PRESENTATIONS a. General Presentations (Board of Supervisors) b. School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) c. Danville DMO Regional Tourism Update Presentation (Staff Contact: Clarence C. Monday); (Presenter: Corrie T. Bobe) 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this Business Meeting - June 21, 2022 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-22-008 Robert and Barbie Eanes; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioners' request be granted. (Supervisor Warren) Case 2: Public Hearing: Case R-22-009; Ronnie Warren; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) Case 3: Public Hearing: Case R-22-015; Bradley and Shannon Mceowen; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Barksdale) Case 4: Public Hearing: Case R-22-019; Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) Case 5: Public Hearing: Case R-22-023; Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Chesher) 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 4 (Erosion and Sediment Control); (Staff Contact: Emily S. Ragsdale) 11. UNFINISHED BUSINESS a. First Pentecostal Holiness Church Real Estate Tax Refund (Staff Contact: R. Goard/V. Hunt) Business Meeting - June 21, 2022 b. Fire and Rescue Service Agreement (Staff Contact: Chris Key) 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: County's 2022 May Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: June 21, 2022 Item Number: 7.a Attachment(s): Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review payments made by the County as oversight of County Fund expenditures. Said May Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=449249&dbid=0&repo=PittGovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2022 May Bill List as presented. MOTION: “I make a Motion to approve the County’s 2022 May Bill List as presented.” 7.a Packet Pg. 5 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: June 21, 2022 Item Number: 7.b Attachment(s): 05-17-2022 Work Session - DRAFT 05-17-2022 Business Meeting - DRAFT Reviewed By: SUMMARY: For the Board’s review and consideration, attached are the following Board Meeting Minutes: (1) 05/17/2022 (Work Session); and (2) 05/17/2022 (Business Meeting). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt the Board Meeting Minutes as attached and presented. MOTION: “I make a Motion to adopt the Board Meeting Minutes as attached and presented.” 7.b Packet Pg. 6 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Work Session May 17, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Work Session was held on May 17, 2022, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (2:00 PM) Ingram called the Meeting to Order at 2:00 PM. ROLL CALL The following Board Members were in attendance: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 1:49 PM Jessie L. Barksdale Vice Chairman - Banister District Present 1:46 PM Tim Chesher Supervisor - Dan River District Present 4:21 PM Darrell Dalton Supervisor - Callands-Gretna District Present 1:47 PM Timothy W. Dudley Supervisor - Staunton River District Present 1:55 PM Ronald S. Scearce Supervisor - Westover District Present 1:58 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 1:50 PM AGENDA ITEMS TO BE ADDED None. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ingram SECONDER: Barksdale AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren ABSENT: Chesher PRESENTATIONS a. Wayside Park Bridge Funding (Staff Contact: Justin G. Price) Price gave an overview of Wayside Park and the repairs that are needed to the Park’s bridge. He requested approval to move $11,500 from the Recreation Equipment Project Line to the Wayside Park Project, which would allow $87,420.06 in available funds for this Project. The additional funding needed is $205,303.94, and Price requested these funds come from the Building and Grounds Improvement Fund. Motion to add item to the Business Meeting Agenda for action. 7.b.a Packet Pg. 7 Attachment: 05-17-2022 Work Session - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Work Session RESULT: APPROVED [UNANIMOUS] MOVER: Barksdale SECONDER: Warren AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren ABSENT: Chesher b. Reassessment Presentation (Staff Contact: Dave F. Arnold) Fred Pearson presented an overview of how Pearson's Appraisal Service would conduct the County's Reassessment process. Arnold also spoke on the approximately 4,800 new parcels that were found and provided to the County in a report from Keystone Information Systems. Pearson’s will review the potential newly discovered structures during their reassessment process. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS None. BUSINESS MEETING DISCUSSION ITEMS None. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 2:36 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Barksdale, Dalton, Dudley, Scearce, Warren ABSENT: Chesher a. 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: Board of Supervisors) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Review of Applicants/Next Steps b. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Jail Land Acquisition/Procurement; County/Town of 7.b.a Packet Pg. 8 Attachment: 05-17-2022 Work Session - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Work Session Chatham Master Water and Sewer Agreement; VATI Grant; Reassessment; Landfill Contract Purpose: Legal Consultation/Legal Advice Regarding the Same c. 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 Matter: Unannounced Prospective Businesses/Industries Purpose: General Economic Development Projects Update RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:55 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on May 17, 2022, 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 Timothy W. Chesher Yes Darrell W. Dalton Yes Timothy W. Dudley Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes Jessie L. Barksdale Yes William V. (“Vic”) Ingram Yes ADJOURNMENT Ingram closed the Meeting at 6:57 PM. 7.b.a Packet Pg. 9 Attachment: 05-17-2022 Work Session - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Business Meeting May 17, 2022 VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held on May 17, 2022 in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Ingram called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were in attendance: Attendee Name Title Status Arrived William V. ("Vic") Ingram Chairman - Tunstall District Present 6:59 PM Jessie L. Barksdale Vice Chairman - Banister District Present 7:01 PM Tim Chesher Supervisor - Dan River District Present 7:01 PM Darrell Dalton Supervisor - Callands-Gretna District Present 7:03 PM Timothy W. Dudley Supervisor - Staunton River District Present 7:02 PM Ronald S. Scearce Supervisor - Westover District Present 7:00 PM Robert ("Bob") W. Warren Supervisor - Chatham-Blairs District Present 6:59 PM AGENDA ITEMS TO BE ADDED Motion to amend the Agenda as follows: -add CPMT Alternate Member Appointment to the Consent Agenda as item 7t Add the following items to Matters from Work Session: -13a; Wayside Park Funding -13b; Reassessment RFP Approval -13c; Revised Commonwealth Home Healthcare LPA -13d; Project Doswell Moral Obligation and Resolution # 2022-05-07 -13e; County Administrator Search Move items 12a and 12b to Presentations as items 8d and 8e RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Chesher AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Motion to move item 7k to New Business as item 13c 7.b.b Packet Pg. 10 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda with additions and revisions. RESULT: ADOPTED [UNANIMOUS] MOVER: Warren SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Dalton SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren a. County's April 2022 Bill List Approval (online); (Staff Contact: Kimberly G. Van Der Hyde) b. Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster) c. Resolution # 2022-05-01 (VDOT Rural Rustic Roads Designation) Adoption (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2022-05-02 (Supporting Danville Federal Courthouse Renovations) Adoption (Staff Contact: Kaylyn M. McCluster) e. Proclamation (Teacher Appreciation Week) Approval (Staff Contact: Kaylyn M. McCluster) f. Proclamation (Nurses' Appreciation Week/Day) Approval (Staff Contact: Kaylyn M. McCluster) g. Proclamation (National Police Week/Peace Officers Memorial Day) Approval (Staff Contact: Kaylyn M. McCluster) h. Proclamation (Community Action Month) Approval (Staff Contact: Kaylyn M. McCluster) i. Proclamation (National EMS Week) Approval (Staff Contact: Kaylyn M. McCluster) j. County Logo Style Guide Revisions Approval (Staff Contact: Caleb K. Ayers) 7.b.b Packet Pg. 11 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting k. Fire and Rescue May (2022) ARPA Applications Approval (Staff Contact: Christopher C. Slemp) l. Leesville Lake Association Annual Beautification Day Solid Waste Tipping Fee Waiver Approval (Staff Contact: Chris Adcock) m. U.S. Hwy. 29 (Meadow Ridge Court) Solid Waste Construction Contract Award Approval (Staff Contact: Chris Adcock) n. Resolution # 2022-05-06 (Hazard Mitigation Plan) Adoption (Staff Contact: Christopher C. Slemp) o. Resolution # 2022-05-03 (Honoring Dr. Duffer’s Retirement) Adoption (Contact: Supervisor Dalton) p. Purchase of Service Weapon (Deputy Allison Smith Retirement) Approval (Contact: Sheriff Taylor) q. Sheriff’s Body Worn Camera Grant Application Submission Approval (Staff Contact: Sheriff Taylor) r. 2022 VATI Grant Agreement Approval (Staff Contact: Dave F. Arnold) s. CPMT Alternate Member Appointment (Contact: Chairman Ingram) PRESENTATIONS a. School’s 1% Sales Tax Presentation (Presenter: Dr. Jones) Dr. Martha Walker presented an update to the Board on the Schools 1% Sales Tax Referendum and asked for their continued support. b. Danville-Pittsylvania Cancer Association Update (Presenter: Moriah Shepherd) Moriah Shepherd presented the services that the Danville-Pittsylvania Cancer Association provides. Some of those services include emotional support, travel reimbursement, prescription aid, and supplies. These services are at no cost to cancer patients that are citizens of the County or Danville. c. General Presentations (Board of Supervisors) The Board presented a Resolution to Dr. Duffer honoring his retirement. d. Resolution # 2022-05-04 (Supporting Naming the Business U.S. 29 North Bridge in Hurt, Virginia, the "Trooper Henry Murray Brooks, Jr. Memorial Bridge”) Adoption (Chairman Ingram) Retired Colonel Wayne Huggins and Charles “Bill” Carrico, Sr., presented to the Board on State Troopers who were killed in the line of duty. He highlighted the deaths of Trooper Henry Murray Brooks, Jr., and Trooper Henry Noel Harmon. Motion to approve Resolution # 2022-05-04 supporting naming the Business U.S. Highway 29 North Bridge in Hurt, Virginia, the “Trooper Henry Murray Brooks, Jr., Memorial Bridge.” 7.b.b Packet Pg. 12 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren e. Resolution # 2022-05-05 (“Supporting Naming the Route 57 Bridge in the Banister District of Pittsylvania County, Virginia, the "Trooper Henry Noel Harmon Memorial Bridge”) Adoption (Chairman Ingram) Motion to approve Resolution # 2022-05-05 supporting naming the Route 57 Bridge in the Banister District of Pittsylvania County, Virginia, the "Trooper Henry Noel Harmon Memorial Bridge.” RESULT: APPROVED [UNANIMOUS] MOVER: Barksdale SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren HEARING OF THE CITIZENS Elton Blackstock, Staunton River District, thanked the Board for being willing to serve County citizens. He also thanked the Board for their work on funding the bridge Project at the Wayside Park in Hurt, Virginia. He stated he was in support of the Commissioner of the Revenue, Robin Goard, and he stated there has been a lot of talk regarding the properties that have been found and why they are not on the books. Blackstock does not feel there should be a rush on these properties, as the Commissioner has the authority to tax and go back three (3) years to tax the properties. He asked for the Board to do it the right way and work with the Commissioner. Wayne Robertson, Chatham-Blairs District, stated the Board was having a disagreement in the last Meeting that he attended. He thanked Warren for the statement he made regarding a Bible principle. He also stated his opposition on the proposed increase for the sales tax and he does not think we need an increase in the sales tax, and the schools should be able to manage their money well and not increase the sales tax. Mr. Robertson also stated his opposition on the trash tax and stated he doesn't feel that we need a new Courthouse and what we have is perfectly adequate. Anita Royston, Banister District, President of the Pittsylvania County NAACP, spoke in support of Robin Coles-Goard, Commissioner of the Revenue. She stated there have been comments made to degrade the reputation of the Commissioner. She then read quotes from Goard's endorsements by Shirley Hammock and Samuel Swanson and stated that sixty (60) percent of voters showed their support for Goard during the last election. PUBLIC HEARINGS 7.b.b Packet Pg. 13 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting Rezoning Public Hearings Case 1: Public Hearing: Case R-22-011; Jane Ellis Holding Company, LLC; Rezoning from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A- 1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Barksdale) In Case R-22-011, Jane Ellis Holding Company, LLC (“Petitioner”), has petitioned to rezone a total of 52.01 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District (to allow for a Utility Scale Solar Energy Facility). The subject property is located on located on State Road 689/Strader Road, in the Banister Election District, and shown on the Tax Maps as GPIN # 2427-12-7949. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On April 5, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:16 PM. A representative from Dimension Renewable Energy was present to represent the petition. No one signed up to speak and Ingram closed the Public Hearing at 8:27 PM. Motion to approve the rezoning of 52.01 acres from R-1, Residential Suburban Subdivision District, and A-1, Agricultural District, to A-1, Agricultural District, to allow for a utility scale solar energy facility. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Dalton SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 2: Public Hearing: Case R-22-012; Martha Adams; Rezoning from R-1, Residential Suburban Subdivision District, to M-1, Industrial District, Light Industry. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Barksdale) In Case R-22-012, Martha Adams (“Petitioner”) has petitioned to rezone 0.560 acres, from R-1, Residential Suburban Subdivision District, to M-1, Industrial District, Light Industry (to allow the property to be consolidated with a property zoned M-1). The subject property is located on State Road 40/East Gretna Road, in the Banister Election District, and shown on the Tax Maps as part of GPIN # 2530-33-6359. Once the property is rezoned to M-1, all uses listed under Pittsylvania County Code § 35-383 are permitted. On April 5, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:29 PM. David Adams was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:30 PM. Motion to approve the rezoning of rezone 0.560 acres, from R-1, Residential Suburban 7.b.b Packet Pg. 14 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting Subdivision District, to M-1, Industrial District, Light Industry, to allow the property to be consolidated with an adjacent property zoned M-1. RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Case 3: Public Hearing: Case R-22-014 Joshua & Amy Jennings; RC-1, Residential Combined Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Ingram) In Case R-22-014, Joshua and Amy Jennings (“Petitioners”) have petitioned to rezone a total of 9.83 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow for an indoor gun range). The subject property is located on located State Road 58/Martinsville Highway, in the Tunstall Election District, and shown on the Tax Maps as GPIN #s 1339-95-4594 and 1339-95-4137. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On April 5, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. Ingram opened the Public Hearing at 8:32 PM. Joshua Jennings was present to represent the Petition. No one signed up to speak and Ingram closed the Public Hearing at 8:33 PM. Motion to approve the rezoning of a total of 9.83 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow for an indoor gun range. The rezoning would be consistent with the County’s Comprehensive Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren Other Public Hearings 1. Public Hearing: VDOT Secondary Six (6)-Year Plan and Plan Approval (Contact: Jay Craddock, VDOT) 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. Ingram opened the Public Hearing at 8:38 PM. No one signed up to speak and Ingram closed the Public Hearing at 8:38 PM. Motion to approve the proposed VDOT Secondary Six (6)-Year Plan as presented and authorize the Interim County Administrator to sign any related necessary documentation. 7.b.b Packet Pg. 15 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren UNFINISHED BUSINESS None. NEW BUSINESS a. Appointment: DSS Board (Westover District); (James ("Jim") Scearce) Approval (Supervisor Scearce) Scearce stated that Patricia Evans is currently his representative on the DSS Board, but she wishes to not be re-appointed for another term. Ingram stated his opposition for this appointment. Motion to appoint James (“Jim”) Scearce to the DSS Board for a four (4)-year term beginning on July 1, 2022. RESULT: APPROVED [4 TO 3] MOVER: Scearce SECONDER: Dudley AYES: Barksdale, Dudley, Scearce, Warren NAYS: Ingram, Chesher, Dalton b. Appointment: DSS Board (Tunstall District); (Nancy Eanes) Approval (Chairman Ingram) Motion to re-appoint Nancy Eanes to the DSS Board as the Dan River District Representative for another four (4)-year term beginning on July 1, 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Chesher SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren c. Fire and Rescue FY23 Service Agreement Approval (Staff Contact: Christopher C. Slemp) There was much discussion regarding this item and many suggested revisions. Motion to revise the Fire and Rescue Service Agreement and bring back to the Board at next month’s Meeting. 7.b.b Packet Pg. 16 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Warren SECONDER: Dudley AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren MATTERS FROM WORK SESSION (IF ANY) a. Wayside Park Funding Motion to award the contract to Concrete Foundations Inc., and authorize County Staff to transfer sufficient funds from the County’s Buildings and Grounds improvement line item to the Wayside Park Project. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Dalton AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren b. Reassessment RFP Approval Ms. Goard, Commissioner of the Revenue, spoke to the Board regarding the 4,800 potential newly discovered properties. Motion to award the Reassessment Contract to Pearson’s Appraisal Services and for County Staff to coordinate with the Commissioner of the Revenue and Pearson’s Appraisal Services to prioritize the review and valuation of the potential 4,800 newly discovered structures to be added to the County’s tax roll by January 1, 2023. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren c. Revised Commonwealth Home Healthcare LPA Motion to approve the revised Commonwealth Home Healthcare Local Performance Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Ingram SECONDER: Warren AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren d. Project Doswell Moral Obligation and Resolution # 2022-05-07 Motion to approve the Project Doswell Moral Obligation and Resolution # 2022-05-07. 7.b.b Packet Pg. 17 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Chesher SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren e. County Administrator Search Motion to conduct a nationwide search for a new County Administrator. As determined by the Board, some of the previous candidates will be included in the search and the County will follow all procurement laws to hire the national search firm. RESULT: APPROVED [UNANIMOUS] MOVER: Dudley SECONDER: Barksdale AYES: Ingram, Barksdale, Chesher, Dalton, Dudley, Scearce, Warren BOARD MEMBER REPORTS • Scearce stated he is willing to work with anyone on the Board, but his priorities are to be accountable to his citizens and will continue to ask for accountability and transparency from the leadership. • Chesher thanked everyone for being in attendance, congratulated the graduates, and encouraged college and trade school. • Dudley thanked the citizens for coming to the Meeting and expressing their opinion. He also thanked Fire and Rescue and stated that last weekend his neighbor had a house fire and several Departments come out to help. His name is Jeff Kelly and asked everyone to keep him in prayer. There were also two (2) firefighters in the house when there was an explosion and asked everyone to keep them in prayer as well. He finally thanked County Staff for working hard to get the Meeting together and thanked all Board Members. • Warren echoed Chesher’s comments on congratulating the graduates and wished them luck on going to college, trade school, or to work. He suggested revising the County’s Citizen Interest Form to include the citizen’s signature. He also requested prayer for the citizens and communities involved in the recent shootings in the community and to continue to pray for first responders for those tragedies. • Dalton thanked everyone for coming out and thanked Fire and Rescue, the Sheriff’s Department, and all the fallen officers this week, and to also remember the graduates. • Barksdale stated the Board/County is blessed with great County Staff and thanked everyone for coming to the Meeting. 7.b.b Packet Pg. 18 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors May 17, 2022 Business Meeting • Ingram recognized all mothers for recently celebrating Mother’s Day, and he thanked his colleagues for passing the Resolutions to recognize the fallen troopers. He also stated that Memorial Day is coming and reminded everyone that it recognizes fallen service members, and Veteran’s Day recognizes surviving veterans. He also recognized and congratulated the graduates and spoke on 60 Minutes for featuring the Sharswood Plantation this past Sunday. He thanked everyone for coming and also thanked all Fire and Rescue. COUNTY ADMINISTRATOR REPORTS Monday thanked the Board for their patience and their progress getting through the Meeting, and he stated his pleasure of working in local government and it is a pleasure working with County Staff and their hard work. ADJOURNMENT Ingram adjourned the Meeting at 9:28 PM. 7.b.b Packet Pg. 19 Attachment: 05-17-2022 Business Meeting - DRAFT (3233 : Board Meeting Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Certificate of Excellence (Tunstall High School Robotics State Championship) Adoption (Chairman Ingram) Staff Contact(s): Chairman Ingram Agenda Date: June 21, 2022 Item Number: 7.c Attachment(s): Certificate of Excellence - Tunstall High School Robotics Team Reviewed By: SUMMARY: The Tunstall High School Robotics Team was named the 2021-22 FIRST Chesapeake Norfolk Qualifier Alliance Finalist, and Jessica Jones, Tunstall High School agricultural education teacher and coach for the team, was named a 2021-22 FIRST Chesapeake State Compass Award recipient. Chairman Ingram desires to recognize them and the full Board also congratulates the team on this amazing award. For the Board’s review and consideration, a Certificate of Excellence evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Certificate of Excellence honoring the Tunstall High School Robotics Team as attached and presented. MOTION: “I make a Motion to approve the Certificate of Excellence honoring the Tunstall High School Robotics Team as attached and presented.” 7.c Packet Pg. 20 7.c.a Packet Pg. 21 Attachment: Certificate of Excellence - Tunstall High School Robotics Team (3217 : Certificate of Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Proclamation Adoption Ratification (June 2; “Business Appreciation Day”); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: June 21, 2022 Item Number: 7.d Attachment(s): 06-02-2022 Business Appreciation Day Reviewed By: 7.d Packet Pg. 22 SUMMARY: Annually, the Board, in cooperation with the Danville-Pittsylvania County Chamber of Commerce, sets up and supports Business Appreciation Day. Attached is a Proclamation, already presented by Chairman Ingram, designating June 2, 2022, as “Business Appreciation Day” in the County. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board ratify the adoption of the attached Proclamation designating June 2, 2022, as “Business Appreciation Day” in the County. MOTION: “I make a Motion ratifying the adoption of the attached Proclamation designating June 2, 2022, as “Business Appreciation Day” in the County.” PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION BUSINESS APPRECIATION DAY JUNE 2,2022 WHEREAS, Pittsylvania County, Virginia("County"), is pleased to have a thriving base of business and industry to support the local economy; and WHEREAS, these businesses provide essential employment opportunities for County citizens; and WHEREAS, these businesses provide local revenues from which the entire local citizenry benefit; and WHEREAS, these businesses also make significant contributions in the County to promote educational opportunities for County children and promote a variety of activities which increase the quality of life of the County; and WHEREAS, the Pittsylvania Board of Supervisors ("Board") and County citizens recognizes and appreciates these businesses; then NOW, THEREFORE, the Board does hereby proclaim the day of June 2, 2022, as Business Appreciation Day" in the County; and BE IT FURTHER PROCLAIMED, that a copy of this Proclamation be forwarded to local media sources. Given under my hand this 2nd day of June, 202 . j Wi iam ("Vic" Ingram (Chairman) Pittsyly County Bo• d of Supervisors Clarence C. Monday (C •rk) Pittsylvania County Bo.4 d of Supervisors 7.d.a Packet Pg. 23 Attachment: 06-02-2022 Business Appreciation Day (3199 : Proclamation Adoption Ratification (June 2; “Business Appreciation Day”)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2022-06-01 (VDOT Six (6)-Year Plan) Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: June 21, 2022 Item Number: 7.e Attachment(s): 2022-06-01 VDOT Six Year Plan Reviewed By: SUMMARY: Sections 33.2-358 and 33.2-364 of the Code of Virginia, 1950, as amended, provide the opportunity for each County in the Commonwealth to work with the Virginia Department of Transportation in developing a Secondary Six-(6) Year Road Plan (“Plan”). For the Board’s review and consideration, attached is Resolution # 2022-06-01, supporting the adoption of said Plan (for which a duly advertised and conducted public hearing was held at the Board’s May Business Meeting) for County roads for FY2023 – FY2028. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2022-06-01 as attached and presented. MOTION: “I make a Motion to approve Resolution # 2022-06-01 as attached and presented and authorize the Interim County Administrator to sign any necessary related documentation.” 7.e Packet Pg. 24 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS _____________________________________________________________________________ RESOLUTION # 2022-06-01 ____________________________________________________________________________________________________________ Virginia: At the Pittsylvania County Board of Supervisors’ Business Meeting held in the Board Meeting Room in Chatham, Virginia, on Tuesday, May 17, 2022, at 7:00 p.m., the following Board members were present: Timothy W. Chesher Dan River District Darrell D. Dalton Callands-Gretna District Timothy W. Dudley Staunton River District Ronald S. Scearce Westover District Robert (“Bob”) W. Warren Chatham-Blairs District Jessie L. Barksdale Banister District William V. (“Vic”) Ingram Tunstall District Motion made by Dudley, seconded by Dalton, and carried by a 7 to 0 vote of the Board: WHEREAS, §§ 33.2-358 and 33.2-364, Code of Virginia, 1950, as amended, provide the opportunity for each County to work with the Virginia Department of Transportation (“VDOT”) in developing the Secondary Six (6)-Year Road Plan (“Plan”); and WHEREAS, this Board has previously agreed to assist in the preparation of this Plan, in accordance with VDOT policies and procedures, and participated in a Public Hearing on the proposed Plan (2023 - 2028) on Tuesday, May 17, 2022, after being duly advertised so that all County citizens had the opportunity to participate in said Public Hearing and to make comments and recommendations concerning the proposed Plan; and WHEREAS, Joseph Craddock, VDOT Assistant Resident Engineer, appeared before the Board and recommended approval of the Plan; then NOW, THEREFORE, BE IT RESOLVED, that since said Plan appears to be in the best interests of the Secondary Road System in the County and of the citizens residing on the Secondary System, said Plan hereby approved as presented at the Public Hearing. Given under my hand this 21st day of June, 2022. __________________________________________ William V. (“Vic”) Ingram (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Clarence C. Monday (Clerk) Pittsylvania County Board of Supervisors 7.e.a Packet Pg. 25 Attachment: 2022-06-01 VDOT Six Year Plan (3200 : Resolution # 2022-06-01 (VDOT Six (6)-Year Plan) Adoption (Staff Contact: Kaylyn M. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Certificate of Excellence (Nathan Harker Virginia Logger of the Year Award) Adoption (Contact: Supervisor Dudley) Staff Contact(s): Supervisor Dudley Agenda Date: June 21, 2022 Item Number: 7.f Attachment(s): Certificate of Excellence - Nathan Harker Reviewed By: SUMMARY: Nathan Harker (“Hawker”), a resident of the County’s Staunton River District, recently won the Virginia Forestry Association Logger Merit Award. Supervisor Dudley desires to recognize him and the full Board also congratulates him on this amazing award. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Certificate of Excellence honoring Harker as attached and presented. MOTION: “I make a Motion to approve the Certificate of Excellence honoring Harker as attached and presented.” 7.f Packet Pg. 26 7.f.a Packet Pg. 27 Attachment: Certificate of Excellence - Nathan Harker (3210 : Certificate of Excellence (Nathan Harker Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Certificate of Excellence (Emilee B. Harker Liberty University President’s Award for Excellence in Teaching) Approval (Contact: Supervisor Dudley) Staff Contact(s): Supervisor Dudley Agenda Date: June 21, 2022 Item Number: 7.g Attachment(s): Certificate of Excellence - Emilee Harker Reviewed By: SUMMARY: Emilee B. Harker (“Hawker”), a resident of the County’s Staunton River District, recently won the Liberty University President’s Award for Excellence in Teaching. Supervisor Dudley desires to recognize her and the full Board also congratulates her on this amazing award. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Certificate of Excellence honoring Harker as attached and presented. MOTION: “I make a Motion approving the Certificate of Excellence honoring Harker as attached and presented.” 7.g Packet Pg. 28 7.g.a Packet Pg. 29 Attachment: Certificate of Excellence - Emilee Harker (3211 : Certificate of Excellence (Emilee B. Harker Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Hurt Partners Landfill Tipping Fee Waiver Ratification (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: June 21, 2022 Item Number: 7.h Attachment(s): Reviewed By: SUMMARY: Due to intense prospect interest at the Southern Virginia Multimodal Park (“SVMP”) in Hurt, Virginia, the property owners, Hurt Partners, LLC (“Hurt Partners”), have agreed to proactively remove non-hazardous construction debris located onsite and dispose of the material at the County landfill. This work is being done at Hurt Partners’ cost and is a significant cost savings to the Staunton River Regional Industrial Facility Authority (“SRRIFA”). Hurt Partners has requested that the Board waive the County Landfill tipping fees associated with the cleanup at the property in a sign of partnership. The value of the County waiving its Landfill tipping fees would be reflected in the due-to-from contributions of SRRIFA. FINANCIAL IMPACT AND FUNDING SOURCE: Hurt Partners is funding and completing the cleanup of non-hazardous construction debris at the SVMP property. The County would be waiving County Landfill tipping fees with an estimated revenue value of $82,000.00. RECOMMENDATION: County Staff recommends the Board ratify (due to the fact that the disposal has already occurred) the approval of the County Landfill Tipping Fee Waiver for Hurt Partners that is associated with the cleanup of non-hazardous construction debris at the SVMP property. MOTION: “I make a Motion to ratify the approval of the County Landfill Tipping Fee Waiver that is associated with the cleanup of non-hazardous construction debris at the SVMP Property.” 7.h Packet Pg. 30 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: NRCS Cherrystone 2 Dam Grant/Appropriation Approval Ratification (Staff Contact: Christopher C. Slermp) Staff Contact(s): Christopher C. Slemp Agenda Date: June 21, 2022 Item Number: 7.i Attachment(s): USDA Cherrystone Creek 2A Grant Design and Engineering Reviewed By: SUMMARY: The U.S. Department of Agriculture Natural Resources Conservation Service has awarded $790,000 for the design of rehabilitation of Cherrystone Creek 2 Dam (like the Grant for Cherrystone 1 Dame), under the Watershed Rehabilitation Program. For the Board’s review and consideration, an Agreement (and other related documents) evincing the same is attached. This Agreement includes funding for the design phase. If additional funds become available to totally complete the Project through construction, an Amendment will be proposed with the Sponsor. If agreed by the parties, this Agreement will be amended accordingly. This Agreement includes clauses for other phases that may or may not be funded. FINANCIAL IMPACT AND FUNDING SOURCE: This Grant totaling $790,000 is to be used for the development of a design for the rehabilitation of Cherrystone Creek 2 Dam. This Grant does not require a local match. RECOMMENDATION: County staff recommends the Board ratify the execution of the Grant documents (previously signed due to timing issues), as well as the appropriation of $790,000 to the County’s Grants Fund. MOTION: “I make a Motion of ratify the execution of the attached Grant documents, as well as the appropriation of $790,000 to the County’s Grants Fund.” 7.i Packet Pg. 31 7.i.a Packet Pg. 32 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification 7.i.a Packet Pg. 33 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification 7.i.a Packet Pg. 34 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification 7.i.a Packet Pg. 35 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification 7.i.a Packet Pg. 36 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification 7.i.a Packet Pg. 37 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification 7.i.a Packet Pg. 38 Attachment: USDA Cherrystone Creek 2A Grant Design and Engineering (3226 : NRCS Cherrystone 2 Dam Grant/Appropriation Ratification Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: DPCS (Banister District); (Contact: Supervisor Barksdale) Staff Contact(s): Supervisor Barksdale Agenda Date: June 21, 2022 Item Number: 7.j Attachment(s): Reviewed By: SUMMARY: Willie Fitzgerald (“Fitzgerald”) is currently the DPCS Board’s Banister District Representative. His term expires at the end of June and Supervisor Barksdale desires for Willie Fitzgerald (“Fitzgerald”) to be re-appointed for a new three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board re-appoint Fitzgerald as the DPCS Board’s Banister District Representative for a three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025. MOTION: “I make a Motion to re-appoint Fitzgerald as the DPCS Board’s Banister District Representative for a three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025.” 7.j Packet Pg. 39 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: DPCS Board (Callands-Gretna District); (Supervisor Dalton) Staff Contact(s): Supervisor Dalton Agenda Date: June 21, 2022 Item Number: 7.k Attachment(s): Reviewed By: SUMMARY: Kimberly Van Der Hyde (“Van Der Hyde”) is currently the DPCS Board’s Callands-Gretna District Representative. Her term expires at the end of June and Supervisor Dalton desires for Van Der Hyde to be re-appointed for a new three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board re-appoint Van Der Hyde as the DPCS Board’s Callands- Gretna District Representative for a three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025. MOTION: “I make a Motion to re-appoint Van Der Hyde as the DPCS Board’s Callands-Gretna District Representative for a three (3)-year term beginning on July 1, 2022, and ending on June 30, 2025.” 7.k Packet Pg. 40 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Library Board (Banister District); (Supervisor Barksdale) Staff Contact(s): Supervisor Barksdale Agenda Date: June 21, 2022 Item Number: 7.l Attachment(s): Reviewed By: SUMMARY: Portia Fitzgerald (“Fitzgerald”) is currently the County Library Board’s Banister District Representative. Her term expires at the end of June and Supervisor Barksdale desires for Fitzgerald to be re-appointed for a new four (4)-year term beginning on July 1, 2022, and ending on June 30, 2026. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board re-appoint Fitzgerald as the County Library Board’s Banister District Representative for a new four (4)-year term beginning on July 1, 2022, and ending on June 30, 2026. MOTION: “I make a Motion to re-appoint Fitzgerald as the County Library Board’s Banister District Representative for a new four (4)-year term beginning on July 1, 2022, and ending on June 30, 2026.” 7.l Packet Pg. 41 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Re-Appointment (DCC Advisory Board ); (Full Board); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: June 21, 2022 Item Number: 7.m Attachment(s): Reviewed By: SUMMARY: Barbara Brown (“Brown”) is currently the County representative on the Danville Community College (“DCC”) Advisory Board, and her term is set to expire on June 30, 2022. She is eligible for another four (4)-year term and has expressed her desire to be re-appointed. This is a full Board appointment. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board re-appoint Brown to the DCC Advisory Board for another four (4)-year term beginning on July 1, 2023. MOTION: “I make a Motion to re-appoint Brown to the DCC Advisory Board for another four (4)-year term beginning on July 1, 2023.” 7.m Packet Pg. 42 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Fire and Rescue ARPA Applications Funding Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: June 21, 2022 Item Number: 7.n Attachment(s): Reviewed By: SUMMARY: In 2021, the Board committed $1,000,000 of the County’s ARPA funding to the County’s Volunteer Fire and Rescue Departments. Departments are eligible to receive up to $43,000 in funding and can submit multiple Project Applications. The Fire and Rescue Commission (“FRC’) created an Ad Hoc Committee to review Project Applications from the County’s Volunteer Departments. The following Applications are recommended by the FRC for funding: • Callands Fire and Rescue Station HVAC upgrades $2124.21 • Laurel Grove Fire Dept Down payment on apparatus $26,727.79 • Hurt Fire Department Debt Service on Station $43,000 • Mt. Hermon Fire and Rescue Lost Revenue & Station upgrades $43,000 • Mt. Cross Fire Dept Fire Equipment & PPE $11,065.83 FINANCIAL IMPACT AND FUNDING SOURCE: Requested funds are coming from the County’s ARPA funds and have no impact on the County’s General Budget. RECOMMENDATION: County Staff recommends the Board approve using the County’s ARPA Funding for the Projects as presented. MOTION: “I make a Motion approving the use of the County’s ARPA Funding for the Projects as presented.” 7.n Packet Pg. 43 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Hon. Robin C. Goard) Staff Contact(s): Robin C. Goard Agenda Date: June 21, 2022 Item Number: 7.o Attachment(s): JJ Truck Sales JJ Truck Sales 2 Reviewed By: SUMMARY: Per Commissioner Goard, J&J Truck Sales, Inc. (“J&J”), listed over $1,000,000 in inventory (merchants’ capital) for tax year 2021, and the Commissioner’s Office failed to use the sliding scale to assess the merchants’ capital. Therefore, a tax overpayment refund is due and owing J&J in the amount of $76,255.91. Per Pittsylvania County Code § 6-6.2, “[i]n the event the Commissioner of Revenue makes a determination that such erroneous assessment has adverse financial impact on the annual budgetary process of the County, the Commissioner shall promptly notify the Board of Supervisors of such erroneous assessment and its effect on County finances.” FINANCIAL IMPACT AND FUNDING SOURCE: If approved, a tax overpayment refund of $76,255.91 would come from the County’s General Fund. RECOMMENDATION: County Staff recommends the Board authorize the County’s Treasurer to refund $76,255.91 to J&J as presented. MOTION: “I make a Motion to authorize the Treasurer to refund $76,255.91 to J&J as presented.” 7.o Packet Pg. 44 7.o.a Packet Pg. 45 Attachment: JJ Truck Sales (3227 : Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Robin C. Goard)) 7.o.b Packet Pg. 46 Attachment: JJ Truck Sales 2 (3227 : Tax Refund Authorization Approval (J&J Trucking); (Staff Contact: Robin C. Goard)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Town of Chatham/County First Amendment to Master Water and Sewer Extension Approval (Staff Contact: Chris Adcock) Staff Contact(s): Chris Adcock Agenda Date: June 21, 2022 Item Number: 7.p Attachment(s): Reviewed By: SUMMARY: At the Board’s December 2021 Business Meeting, as a Consent Agenda item, a six (6)-month extension of the 1991 Water Agreement with the Town of Chatham and for the County to accept the obligations/rights of the former PCSA for all current water and sewer agreements was unanimously approved. Said Agreement, known as the First Amendment to December 31, 1991, Water Agreement, is set to expire on June 30, 2022. Additional time is needed to complete the ongoing negotiations of the terms and consolidation of the existing water and sewer agreements with the Town. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable RECOMMENDATION: County Staff recommends the Board approve a ninety (90)-day extension of the First Amendment to the December 31, 1991, Water Agreement with the Town. MOTION: “I make a Motion to authorize County Staff to enter into a ninety (90)-day extension of the First Amendment to the December 31, 1991, Water Agreement” 7.p Packet Pg. 47 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: June 21, 2022 Item Number: 7.q Attachment(s): LOVEworkReimbursementFundAgreement VA is for Lovers_W9-VTC Reviewed By: SUMMARY: Brenda Bowman (“Bowman”), from the County’s Chatham-Blairs District, appeared before the Board at its April 19, 2022, Meeting. At that Meeting, she expressed a desire to erect a new “LOVE” sign in the County. Bowman stated that tourism is no longer a division of the Chamber of Commerce but is now a part of the Economic Development team for the City of Danville, Virginia. She has had many conversations with Lisa Merriweather, and there can be multiple “LOVE” signs in the area. Bowman would like a new, permanent “LOVE” sign in the County, possibly being erected at the Olde Dominion Agricultural Complex in Chatham, Virginia. Amthor International, a major County industry, has agreed to build the steel structure. Bowman stated she is not asking for funds, but only support and for the County to sign the “LOVE” sign Grant Application that she will be providing soon. For the Board’s review and consideration, Bowman has provided the attached related Grant documents in the amount of $1,500 for the County to review and further discuss with the DMO. FINANCIAL IMPACT AND FUNDING SOURCE: There is no financial impact to the County as the County is not agreeing to ongoing maintenance and upkeep of the asset. RECOMMENDATION: County Staff recommends the Board authorize County Staff to either sign the attached Grant documents allowing the County to become the Virginia is for Lovers’ Grant’s Fiscal Agent or to collaborate with the DMO as to the most appropriate entity to serve in this capacity. MOTION: “I make a Motion to authorize County Staff to either sign the attached Grant documents allowing the County to become the Virginia is for Lovers’ Grant’s Fiscal Agent or to collaborate with the DMO as to the most appropriate entity to serve in this capacity.” 7.q Packet Pg. 48 7/26/18 Virginia Tourism Authority (dba Virginia Tourism Corporation) LOVE Creation Reimbursement Fund Agreement LIABILITIES AND RESPONSIBILITIES OF APPROVED APPLICANT By participating in this program, the undersigned applicant (the "Applicant") expressly agrees as follows: • This artwork shall be designed to promote family-friendly vacation experiences in Virginia and the Virginia is for Lovers message. • The Applicant agrees to secure any necessary permits/paperwork/local approval for the proposed artwork location. • VTC shall have approval at its sole discretion on any changes, updates, new locations or any modification that happens to the LOVE artwork after its creation and before such changes are to occur. • VTC is not responsible for implementation of artwork program, and disclaims any liability for any consequences thereof, including but not limited to, any accidents or injuries incurred by visitors, staff, or volunteers, as a result of interaction with the LOVE artwork. The Applicant agrees that it is liable for accidents and/or injuries caused by its participation in this program and agrees to indemnify, defend and hold harmless VTC, its officers, agents, and employees from any claims, damages and actions of any kind or nature, arising from or caused by the use of the LOVE artwork, including attorneys' fees and any other costs incurred in regard to any claim. • The Applicant’s volunteers or paid staff shall not serve or consume alcoholic beverages, use illegal drugs or illegal materials in connection with the LOVE artwork. • The Applicant’s volunteers or paid staff shall not solicit contributions or charge admission solely to access and interact with the LOVE artwork. • The Applicant agrees to use the VTC's direction on artistic style including fonts, materials, messaging, logo usage and marketing. • The Applicant agrees to accept responsibility for maintenance and upkeep of the LOVE creation. • The project including design, usage, placement, marketing and messaging must be approved by VTC and, where possible, include the Virginia is for Lovers logo on the artwork. Any online references should include links to www.Virginia.org/love. • To be reimbursed, applicants must submit copies of invoices and proof of payment for each vendor used. Applicants must also submit proof of payment for any costs related to materials. Any such reimbursements are limited to $1,500. • No news releases, announcements or information about the LOVE creation shall be released by Applicant without VTC’s review and prior approval. 7.q.a Packet Pg. 49 Attachment: LOVEworkReimbursementFundAgreement (3225 : Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim 7/26/18 • VTC shall have the right to publicize, promote, and distribute news releases regarding the LOVE artwork, as it deems appropriate, without permission or approval of Applicant. • The artwork shall remain in place for a minimum of a year after its placement. • Should it become necessary or desirable for the LOVE artwork to be removed from its location site, Applicant shall first notify VTC prior to its removal. Applicant shall be responsible for the removal of the LOVE artwork and any costs associated with such removal and site restoration, if applicable. I have read, understand, and agree to comply with the terms and conditions of this agreement. Accepted by: Name (Print): _____________________________________________________________________________ Title (Print): _______________________________________________________________________________ Organization (Print): _____________________________________________________________________ Signature of Representative: ____________________________________ Date___________________ VTC USE ONLY Approved by: __________ Paid Date: __________ Date: __________ Invoice#: __________ 7.q.a Packet Pg. 50 Attachment: LOVEworkReimbursementFundAgreement (3225 : Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim Revised 6/16/03 VIRGINIA TOURISM CORPORATION Request For Taxpayer Identification Number (TIN) and Certification Substitute W-9 Form Vendor number IRS code Section 6109 requires you to give your correct TIN to persons who must file information returns with the IRS to report income paid to you. The VTC is required by the IRS to withhold 31% of the payments made to payees who do not provide a TIN. I. Please make any necessary corrections and/or additions to the information below. Legal Business Name: Business Name if different than above (d/b/a) Key Contact: Address: Address: City/State/Zip: Telephone #: II. Organization Information: A. Entity Type: (Circle One) Individual Sole Proprietor Partnership Medical Corp. Corporation Trust Estate Other ___________ B. Taxpayer Identification Number (TIN) - Complete #1, #2, or #3 below. 1. 1. - - 2. - Social Security Number Employer ID Number 3. † Check this box if operating as a Foreign Entity in the United States without a TIN. C. Please Answer the Following Questions: (Check either YES or NO) 1. Is your organization (association, club, religious, charitable, educational, † YES † NO or other group) tax exempt under IRS Code Section 501(a)? 2. Are you a Real Estate Agent? † YES † NO D. Check All Applicable: (Note – Providing this information is voluntary. All information gathered will be used for statistical purposes only.) † Small Business – provide certification number ___________________ † Woman Owned Business – provide certification number ___________________ † Minority Owned Business – provide certification number ___________________ If not certified, contact Department of Minority Business Enterprise at 804-786-3109 III. Certification Under Penalties of perjury, I certify that: A. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and B. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the IRS that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions: You must cross out item B above if you have been notified by the IRS that you are subject to backup withholding because of underreporting interest or dividend on your tax return. Signature Date 7.q.b Packet Pg. 51 Attachment: VA is for Lovers_W9-VTC (3225 : Virginia is for Lovers Grant County Fiscal Agent Approval (Staff Contact: Kim Van Der Hyde)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn M. McCluster Agenda Date: June 21, 2022 Item Number: 8.a Attachment(s): Reviewed By: The Board will present Proclamations, Resolutions, and/or Certificates approved/adopted on the June Consent Agenda. 8.a Packet Pg. 52 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: School’s 1% Sales Tax Referendum Presentation (Presenter: Dr. Jones) Staff Contact(s): Kaylyn M. McCluster Agenda Date: June 21, 2022 Item Number: 8.b Attachment(s): Reviewed By: Dr. Mark Jones, Pittsylvania County Schools Superintendent, will give the Board an update on the County School's 1% Sales Tax Referendum Campaign Committee. 8.b Packet Pg. 53 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Danville DMO Regional Tourism Update Presentation (Staff Contact: Clarence C. Monday); (Presenter: Corrie T. Bobe) Staff Contact(s): Clarence C. Monday Agenda Date: June 21, 2022 Item Number: 8.c Attachment(s): City Council Presentation for Pittsylvania June 21 Reviewed By: Corrie T. Bobe, Danville Economic Development Director, and Lisa Meriwether, Tourism Manager, will present the Board an update regarding the regional tourism efforts, and will also introduce consultants who will lead the marketing/branding strategic plan. 8.c Packet Pg. 54 8.c.aPacket Pg. 55Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO This region’s opportunity•Tourism is becoming an ever-more crucial, significant andvital industry for Pittsylvania County and the City of Danville•According to VTC, the tourism economy was alreadybringing in $2.4 million in local tax revenue annually andsupporting ~1,500 local jobs pre-pandemic•Now, with the $500M, 600-room, Caesars resort projectunder construction in Danville, those numbers are to surgeand the promise of the positive impact this can have onquality of life in the area is driving local excitement•By coordinating efforts and proactively engaging citizens inthe communications, planning, and outreach process asthey relate to tourism, we can work together to thoughtfullyand intentionally maximize the opportunity aheadMeet the Moment!8.c.aPacket Pg. 56Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO GETTING ACQUAINTEDEddyAlexander specializes in helpingcommunities like yours position for andachievesmart, sustainablegrowth. The EddyAlexander team is uniquelyqualified to serve thiscommunity andwe want to come upbeside your team as experienced, committedpartners who can help you navigate both the risk and the opportunitiesahead.We are:•11 years of consistent growth and recognition•Nationally (and Virginia) CertifiedWomenOwned Small Business•Trusted by top clients nationallyandinternationally•Committed to taking on marketing and communications projects that have a real,measurable anddecidedlypositive impact on communities•Savvy, data-driven, smart-growthadvocatesECONOMICDEVELOPMENTTOURISM&PLACEMAKINGEMERGINGTECHNOLOGYPROFESSIONALSERVICESHEALTHCAREHIGHEREDUCATION8.c.aPacket Pg. 57Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO 8.c.aPacket Pg. 58Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO Why Invest in Tourism?•Positive economic, environmental, and social impact for thecommunity•Bringing outside money into a local economy is a netpositive gain - more resources provides for better quality oflife–more jobs, better public services, more abundantactivities•Tourism supports intentional preservation of natural,historical, and cultural assets•Tourism is the front door to economic developmentHow do we measure success?•Average length of stay (longer stays = more economicimpact)•Citizen satisfaction (better resources, more things to do,safer and more beautiful spaces to do them)•Improved reputation–what are people saying about living,working, playing, and staying here?8.c.aPacket Pg. 59Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO AWARENESSCONSIDERATIONPREFERENCESELECTIONEXPERIENCETourism brandingimpacts communitygrowth, siteselection, andadvocacy8.c.aPacket Pg. 60Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO Tourism Marketing Tactics•Logo•Color Palette•Font Style•Research•Surveys•Focus Groups•Demographics•Advertising•Public Relations•Events•Packaging•PricingA brand can be thought of as what people think and say aboutyou when you aren’t in the room to influence what they say. BUILDING FOR REPUTATION & REALITY8.c.aPacket Pg. 61Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO PROJECT APPROACHEddy Alexander’s support is divided into five strategic work phasesDISCOVERGathering of all neededdetails and researchrelated to the projectand its goals, targets,and specificationsSYNTHESIZEOutlining of projectpriorities andmilestones andformalizing “the plan” for specific creativedirectionCREATEAll new design elementsare createdand areclient-approved basedon interactive anditerative feedbacksessionsIMPLEMENTOncewe have gainedclient approval, we runfull quality assurancechecks, trainend users,and moveassets intomarket through brandactivationMEASUREAs tactics areimplemented, ourteam continuouslywatches performancemetrics and offersoptimizingtactics todrive to desiredoutcomes8.c.aPacket Pg. 62Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO TOURISM MARKETING ROADMAP–WHAT TO EXPECT•Secondary research•Primary research:community surveys,historic visitationanalysis•Synthesis:communityvalidation meetings•Creative development•Focus groups•Stakeholdercommittees &promotion planning•Brand activation•Website launch•Digital ads•Environmental displaysand experiences•Earned media attention•Ongoing marketingcollaborationworkgroups•Social media•Event & sponsorship management•Multimedia production &distribution•Community relations•Ongoing asset and Infrastructurematuration•Ongoing partnership development(Group travel packages, OTADistribution, etc.)8.c.aPacket Pg. 63Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO 8.c.aPacket Pg. 64Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO GET INVOLVED:Surveys●Direct mail notifications–postcard invitationsare being sent toevery home and business inthe city of Danville and PittsylvaniaCounty●Survey can be taken online with a computer, cell phone, tablet, orat any of the local librariesCommunityPresentations●We will hold two community presentations to share our findingand ask the community to validor correct our direction.Focus Groups●Once we’ve begun our design process, we will hold focus groups (selected from survey participants) to help us narrow in on creativedirection8.c.aPacket Pg. 65Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO We will create a uniquevisual and verbal identityforyour communitythatstrives to be 50%authenticand50%aspirational.AuthenticAspirationalAligned with YourCommunity's VisionNoteworthyDifferentiatedRootedin Your Community'sTruthHistorically AccurateAchievableBRAND IDENTITY SYSTEM DESIGN8.c.aPacket Pg. 66Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO Questions?You can reach us at 540.404.8152 or by emailing J.Eddy@EddyAlexander.comThank youfor your time and consideration. We look forwardto hearing fromyou.8.c.aPacket Pg. 67Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO Insert Text8.c.aPacket Pg. 68Attachment: City Council Presentation for Pittsylvania June 21 (3206 : Danville DMO Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-008 Robert and Barbie Eanes; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioners' request be granted. (Supervisor Warren) Staff Contact(s): Emily S. Ragsdale Agenda Date: June 21, 2022 Item Number: 10.A.1 Attachment(s): R-22-008 Robert & Barbie Eanes App R-22-008 Robert & Barbie Eanes Map Reviewed By: SUMMARY: In Case R-22-008, Robert and Barbie Eanes (“Petitioners”) have petitioned to rezone 7.41 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow for two (2) dwellings to be placed on the property). The subject property is located on State Road 718/Snakepath Road, in the Chatham-Blairs Election District, and shown on the Tax Maps as GPIN # 2434-10-4406. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended, by a 7-0 vote, with opposition, that the Petitioners’ request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-008 as presented. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-008, I make a Motion to approve the rezoning of rezone 7.41 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow for two (2) dwellings to be placed on the property. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.1 Packet Pg. 69 10.A.1.a Packet Pg. 70 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) 10.A.1.a Packet Pg. 71 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) 10.A.1.a Packet Pg. 72 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) 10.A.1.a Packet Pg. 73 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) 10.A.1.a Packet Pg. 74 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) 10.A.1.a Packet Pg. 75 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) 10.A.1.a Packet Pg. 76 Attachment: R-22-008 Robert & Barbie Eanes App (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) 10.A.1.b Packet Pg. 77 Attachment: R-22-008 Robert & Barbie Eanes Map (3219 : Public Hearing: Case R-22-008 Robert and Barbie Eanes) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-009; Ronnie Warren; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) Staff Contact(s): Emily S. Ragsdale Agenda Date: June 21, 2022 Item Number: 10.A.2 Attachment(s): R-22-009 Ronnie Warren App R-22-009 Ronnie Warren Map Reviewed By: SUMMARY: In Case R-22-009, Ronnie Warren (“Petitioner”) has petitioned to rezone 2.91 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for an accessory structure to be placed without a dwelling on the property). The subject property is located on State Road 622/Cascade Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1358-08-7268. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-009 as presented. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-009, I make a Motion to approve the rezoning of rezone 2.91 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for an accessory structure to be placed on the property. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.2 Packet Pg. 78 10.A.2.a Packet Pg. 79 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren) 10.A.2.a Packet Pg. 80 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren) 10.A.2.a Packet Pg. 81 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren) 10.A.2.a Packet Pg. 82 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren) 10.A.2.a Packet Pg. 83 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren) 10.A.2.a Packet Pg. 84 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren) 10.A.2.a Packet Pg. 85 Attachment: R-22-009 Ronnie Warren App (3220 : Public Hearing: Case R-22-009 Ronnie Warren) 10.A.2.b Packet Pg. 86 Attachment: R-22-009 Ronnie Warren Map (3220 : Public Hearing: Case R-22-009 Ronnie Warren) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-015; Bradley and Shannon Mceowen; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Barksdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: June 21, 2022 Item Number: 10.A.3 Attachment(s): R-22-015 Bradley & Shannon Mceowen App R-22-015 Bradley & Shannon Mceowen Map Reviewed By: SUMMARY: In Case R-22-015, Bradley and Shannon Mceowen (“Petitioners”) have petitioned to rezone a total of 34.9 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for agricultural uses). The subject property is located on State Road 57/Halifax Road, in the Banister Election District, and shown on the Tax Maps as GPIN #s 2456- 0198 and 2456-31-5275. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On May 3, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners’ request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-015 as presented. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-015, I make a Motion to approve the rezoning of a total of 34.9 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural uses. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.3 Packet Pg. 87 10.A.3.a Packet Pg. 88 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) 10.A.3.a Packet Pg. 89 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) 10.A.3.a Packet Pg. 90 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) 10.A.3.a Packet Pg. 91 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) 10.A.3.a Packet Pg. 92 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) 10.A.3.a Packet Pg. 93 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) 10.A.3.a Packet Pg. 94 Attachment: R-22-015 Bradley & Shannon Mceowen App (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) 10.A.3.b Packet Pg. 95 Attachment: R-22-015 Bradley & Shannon Mceowen Map (3221 : Public Hearing: Case R-22-015 Bradley and Shannon Mceowen) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-019; Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Ingram) Staff Contact(s): Emily S. Ragsdale Agenda Date: June 21, 2022 Item Number: 10.A.4 Attachment(s): R-22-019 IDA R-22-019 IDA Map Reviewed By: SUMMARY: In Case R-22-019, the Industrial Development Authority of Pittsylvania County, Virginia (“Petitioner”) has petitioned to rezone 36.5 acres, from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, (to allow for more intensive industrial uses). The subject property is located on Brosville Industrial Trail, in the Tunstall Election District, and shown on the Tax Map as GPIN #1368-56-4743. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-402 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-019 as presented. The rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-019, I make a Motion to approve the rezoning of rezone 36.5 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intensive industrial uses. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.4 Packet Pg. 96 10.A.4.a Packet Pg. 97 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.4.a Packet Pg. 98 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.4.a Packet Pg. 99 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.4.a Packet Pg. 100 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.4.a Packet Pg. 101 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.4.a Packet Pg. 102 Attachment: R-22-019 IDA (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.4.b Packet Pg. 103 Attachment: R-22-019 IDA Map (3222 : Public Hearing: Case R-22-019 Industrial Development Authority of Pittsylvania County, Virginia) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Case R-22-023; Industrial Development Authority of Pittsylvania County, Virginia; Rezoning from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry. The Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Chesher) Staff Contact(s): Emily Agenda Date: June 21, 2022 Item Number: 10.A.5 Attachment(s): R-22-023 IDA R-22-023 IDA Map Reviewed By: SUMMARY: In Case R-22-023, the Industrial Development Authority of Pittsylvania County, Virginia (“Petitioner”), has petitioned to rezone 51.04 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (to allow for more intensive industrial uses). The subject property is located on State Road 1299/Cane Creek Parkway, in the Dan River Election District, and shown on the Tax Map as GPIN #2347-69-4959. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-402 are permitted. On June 7, 2022, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner’s request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-22-023 as presented. The rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-22-019, I make a Motion to approve the rezoning of rezone 51.04 acres from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry, to allow for more intensive industrial uses. The rezoning would be consistent with the County’s Comprehensive Plan.” 10.A.5 Packet Pg. 104 10.A.5.a Packet Pg. 105 Attachment: R-22-023 IDA (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.5.a Packet Pg. 106 Attachment: R-22-023 IDA (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.5.a Packet Pg. 107 Attachment: R-22-023 IDA (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.5.a Packet Pg. 108 Attachment: R-22-023 IDA (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.5.a Packet Pg. 109 Attachment: R-22-023 IDA (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.5.a Packet Pg. 110 Attachment: R-22-023 IDA (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.5.a Packet Pg. 111 Attachment: R-22-023 IDA (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 10.A.5.b Packet Pg. 112 Attachment: R-22-023 IDA Map (3223 : Public Hearing: Case R-22-023 Industrial Development Authority of Pittsylvania County, Virginia) 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: June 21, 2022 Item Number: 10.B.1 Attachment(s): 06-21-2022 PCC Ch. 4 - Erosion and Sediment Control Chapter 4 - Third-Party Inspections 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. As the number of large utility scale solar energy facilities under construction in the County continues to grow, it has become exceedingly difficult for the Erosion and Sediment Control Program Administrator to maintain the required biweekly inspections. Therefore, County Community Development Staff is recommending that Pittsylvania County Code (“PCC”) Chapter 4 be revised to require a third-party inspector be utilized for these Projects that will be paid for by the developer. Accordingly, 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 Community Development Staff recommends the Board approve the PCC Chapter 4 revisions as attached and presented. MOTION: “I make a Motion to approve the PCC Chapter 4 revisions as attached and presented.” 10.B.1 Packet Pg. 113 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing at 7:00 p.m. on Tuesday, June 21, 2022, 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.1.a Packet Pg. 114 Attachment: 06-21-2022 PCC Ch. 4 - Erosion and Sediment Control (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment PITTSYLVANIA COUNTY CODE CHAPTER 4 BUILDINGS Article I. General Considerations § 4-1. Permit and Inspection Fees § 4-2. Inspection § 4-3. Penalties for Violation § 4-4. Severability of Provisions § 4-5. Statewide Building Code § 4-6. Construction of Open Air Theaters Article II. Erosion and Sedimentation Control § 4-7. Generally § 4-8. Purpose § 4-9. Application § 4-10. Definitions § 4-11. Purpose of Chapter § 4-12. Regulations § 4-13. Land Disturbing Activities § 4-14. Program Administrator § 4-15. Designation of Plan Approving Authority 10.B.1.b Packet Pg. 115 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) § 4-16. Designation of Enforcement Authority § 4-17. Approval of Plans and Issuance of Permits § 4-18. Fees Required § 4-19. Review by the Board of Supervisors § 4-20. Enforcement and Penalties Article III. Removal, Repair or Securing of Dangerous Structures § 4-30. Definitions § 4-31. Owner’s Responsibilities § 4-32. Notices to Owners and Lien Holders § 4-33. Service of Notice § 4-34. Application for Appeal § 4-35. Securing, Repairs or Removal of Dangerous Buildings; Action by County § 4-36. Extension of Time § 4-37. Additional Authority 10.B.1.b Packet Pg. 116 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) CHAPTER 4 BUILDINGS An Ordinance to establish a schedule of permit and inspection fees under the County Building Ordinance and to make the penalty provision to conform to state law. BE IT ENACTED THAT THE COUNTY BUILDING ORDINANCE BE AMENDED AS FOLLOWS: Article I. General Considerations SEC. 4-1. PERMIT AND INSPECTION FEES. The Board of Supervisors of Pittsylvania County shall set permit and Inspection Fees by schedule which is adopted annually by the Pittsylvania County Board of Supervisors during their budget process and incorporated in the annual budget resolution. (B.S.M. 10-16-12) SEC. 4-2. INSPECTION. Inspection Notice- It shall be the duty of the Contractor to notify the Building Inspection Department when any portion of his installation is installed in a building or any part thereof, and such work is ready for inspection. The request for inspection shall be made before 2:00 p.m. on the day preceding the day of the requested inspection. The Contractor requesting the inspection shall state the time of day that his work will be ready for inspection, and the inspection shall be made as near the time stated as practicable. SEC. 4-3. PENALTIES FOR VIOLATION. Any persons, firm or corporation, whether as principal agent employed or otherwise, who shall violate a provision of the Basic Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of the Basic Code, shall be guilty of a misdemeanor. Such an offense shall be punishable by a fine of not more than one thousand ($1,000.00) dollars. (B.S.M. 6/28/88) SEC. 4-4. SEPARABILITY OF PROVISIONS. It is the intention of the Board of Supervisors that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Board of Supervisors that if any provision of this ordinance be declared invalid; all other provisions thereof remain valid and enforceable. SEC. 4-5. STATEWIDE BUILDING CODE. A copy of the Virginia Uniform Statewide Building Code is on file in the Clerk’s Office in the Circuit Court of Pittsylvania County, Chatham, Virginia, where it is open for inspection between the 10.B.1.b Packet Pg. 117 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) hours of 9:00 a.m. and 5:00 p.m. on Monday through Friday each week. The said clerk will provide information as to where additional copies may be obtained. (B.S.M. 12-7-60, 11-5-73) SEC. 4-6. CONSTRUCTION OF OPEN-AIR THEATERS. No open-air theaters shall be constructed in Pittsylvania County, Virginia, unless the owner, manager, or operator has first secured a written permit for the same from the Board of Supervisors of Pittsylvania County, Virginia. Such owner, operator or manager shall make written application to the Clerk of the Board of Supervisors for said permit and at the same time deposit with said Clerk a fee of ten ($10.00) dollars to defray the costs of the inspection and issuance of the permit. The Clerk of the Board of Supervisors shall transmit the written application to the Sheriff of Pittsylvania County forth-with: It shall be the duty of the Sheriff to make a personal inspection of the premises including buildings or structures thereon and he shall determine that the screen of said open-air theater is so constructed that the picture, performance, exhibition or display thereon is not visible form the public highway in the area near or adjacent to said open-air theater, if the said screen has not been so constructed at the time of the Sheriff’s inspection the inspection shall be continued and shall not be ended until the screen has been so constructed and approved by him. After the Sheriff has completed his inspection he shall report in writing to the Clerk of the Board of Supervisors that he has inspected said premises and that the screen of said open-air theater has been so constructed that any picture, performance or exhibition to be displayed thereon is not visible from any public highway in the area adjacent to or near said open-air theater and does not, in his opinion, jeopardize highway safety or traffic safety or traffic in that area, if such be the fact, and thereupon the Clerk of the Board of Supervisors shall present said application and written report to the Board of Supervisors at its next regular meeting and the Board shall direct the issuance of said open-air theater permit. The operation of any such open-air theater after the effective date of this ordinance without first securing the permit required above shall constitute a misdemeanor and shall be punishable by a fine not exceeding one hundred ($100.00) dollars and confinement in jail not exceeding thirty (30) days, either or both. For the purposes of this ordinance each day’s operation shall be a separate offense and punishable as such. (B.S.M. 7-2-52) 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 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 10.B.1.b Packet Pg. 118 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 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. 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 10.B.1.b Packet Pg. 119 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 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. 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. 17. “Program Administrator” shall mean the official designated by the Governing Body to serve as its agent to administer this ordinance. 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. 19. “Plan Approving Authority” shall mean the Pittsylvania County Erosion Control Specialist. 10.B.1.b Packet Pg. 120 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 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. 21. “Grading” shall mean any excavating or filling of earth materials or combination thereof, including the land in its excavated or filled condition. 22. “Excavating” shall mean any digging, scooping or other methods of removing earth materials. 23. “Filling” shall mean any depositing or stockpiling of earth materials. 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. 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). 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. 26.27. “Large-Scale Utility Project” shall mean any project that is owned or operated by a public utility and disturbs an area greater than twenty (20) acres. 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 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 10.B.1.b Packet Pg. 121 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 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. 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 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; 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 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; 10.B.1.b Packet Pg. 122 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 7. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company; 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: 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 Department of Environmental Quality as a Program Administrator. SEC. 4-15. DESIGNATION OF PLAN APPROVING AUTHORITY. The Program Administrator is designated as the erosion and sediment control plan-approving authority in Pittsylvania County and shall be certified by the Department as a Plan Reviewer. SEC. 4-16. DESIGNATION OF ENFORCEMENT AUTHORITY. The 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 as the designated enforcement officer, the inspector, the permit issuing authority, and the Program Administrator. In order to perform these duties, the Program Administrator shall be certified by the Department 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. 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. 10.B.1.b Packet Pg. 123 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 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. No total fee shall exceed applicable limits established by state law. Fees for Large-Scale Utility projects shall be designated in accordance with the Fee Schedule and shall meet the following conditions: a. A fee amount shall be determined based upon the total land disturbance acreage calculated on the approved site plan in accordance with the Fee Schedule. The Applicant shall be billed for the monthly inspection fee on the first day of each month until the site receives a final bond release inspection and approval. The Applicant must remit payment within fifteen (15) days of invoicing to the Community Development Department by check payable to the Pittsylvania County Treasurer. Failure to pay each invoice within fifteen days of the date of the invoice is cause for issuance of a project stop work order until such fees are paid. b. If, in any month, the amount billed for a Large-Scale Utility project monthly inspection fee is insufficient to reimburse the County for amounts billed to the County by third-party inspectors, the unreimbursed balance will be added to the monthly fee on the Applicant’s next or a subsequent invoice and must be paid when invoiced. 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 10.B.1.b Packet Pg. 124 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 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 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. 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. 10.B.1.b Packet Pg. 125 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) Land disturbing activities that meet the definition of a Large-Scale Utility Project shall be inspected in accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations by a third- party inspection firm retained by Pittsylvania County through a procurement process. All required documentation shall be submitted to the Program Administrator to ensure compliance. 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. 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. 10.B.1.b Packet Pg. 126 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) 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 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. Article III. REMOVAL, REPAIR, OR SECURING OF DANGEROUS STRUCTURES SEC. 4-30. DEFINITIONS (a) Building Code shall mean the applicable provisions of the Uniform Statewide Building Code relating to the maintenance of existing buildings as adopted by the Commonwealth of Virginia and Board of Housing and Community Development. (b) Code Officials shall mean the Building Official or his designee. (B.S.M. 4-18-17) (c) Dangerous Structure shall mean any building, wall or other structure in Pittsylvania County that fails to comply with the building code through damage, deterioration, infestation, improper maintenance, or for any other reason or reasons, and thereby becomes unsafe, unsanitary, or deficient in adequate exit facilities, or which constitutes a hazard or public nuisance or is otherwise 10.B.1.b Packet Pg. 127 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) dangerous to human life, health or safety, or the public welfare and which might endanger the public health or safety of other residents of Pittsylvania County. : (d) Lien-holder or Lien-holders shall mean any and all individuals, associations, corporations, or other entities that have a mortgage or other lien of record of any kind on the property which are of record against the owner. Either term may be singular or plural unless the contact indicates otherwise. (e) Owner means the owner or owners of the premises therein, as indicated in the tax records of Pittsylvania County, Virginia. SEC. 4-31. OWNER'S RESPONSIBILITIES. It shall be the responsibility of all owners of buildings, structures and real property located within the boundaries of Pittsylvania County to take the necessary action, at such time or times as the Code Official may prescribe, to repair, remove, or secure any building, wall, or any other structure on their property which might endanger the public health or safety of other residents of Pittsylvania County, subject to such rights of appeal as are provided for in the section. All such buildings or other structures declared by the Code Official to be a dangerous structure shall either be made safe by compliance with the Building Code or be vacated and secured against public entry or be taken down and removed as determined by the Code Official. SEC. 4-32. NOTICES TO OWNERS AND LIEN HOLDERS. Whenever the code official shall be of the opinion and finds that any structure in the County is a dangerous structure as defined in this chapter, the Code Official shall cause written notice to be served upon the owner and lien holder, as provided for in Section 4-33 of this chapter. Such notice shall state that the building, wall or any other structure has been declared to be a dangerous structure and shall, at a minimum, provide the following information: (1) The location of the building or structure by street address and/or tax identification number. (2) A statement that the building or structure has been inspected by the Code Official or his designee, and that it has been deemed to be a dangerous structure as defined in this chapter and, further, to be declared by the Code Official as unsafe, unfit for human occupancy, or unlawful, as defined in the uniform Statewide Building Code. (3) A listing of the specific conditions which exist that cause the building or structure to endanger the public health or safety of other residents of the County and, further, which cause the Code Official to declare the building or structure to be unsafe, unfit for human occupancy or unlawful with reference to the Uniform Statewide Building Code section that serves as a basis for the declaration for a dangerous structure. (4) A statement that the Code Official has determined that necessary corrective action to abate the unsafe or dangerous conditions, as described in the notice, consist of one (1) of the following actions: 10.B.1.b Packet Pg. 128 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) (a) The completion of the repairs and/or improvements to the building or structure, which may include the securing of the building or structure against public entry as provided in the notice; or (b) The taking down or removal of the building or structure. (5) An order to complete the necessary corrective action to abate the unsafe or dangerous conditions as determined by the Code Official by specifying the required repairs and/or improvements to be made to the building or structure or by requiring the building or structure to be taken down and removed. The Order shall provide a stipulated time within the necessary corrective action is to be completed. (6) A statement that the failure to comply with the terms of a notice to abate the unsafe or dangerous conditions will result in the County taking action to abate such conditions in accordance with the provisions of § 15.2-906 of the Code of Virginia and/or of the Uniform Statewide Building Code, as the Code Official deems appropriate. (7) A statement of the owner's rights of appeal of the Code Official's decisions to the local Board of Building Code Appeals in accordance with the appeals provision of the Uniform Statewide Building Code. . SEC. 4-33. SERVICE OF NOTICE. The notices issued pursuant to this chapter shall be served upon any owner and lien-holder in the following manner: A. Where the Code Official has determined the necessary corrective action to abate the unsafe or dangerous condition is to make repairs to the building or structure, which may include the securing of the building or structure against public entry, the notice shall be given by either delivering a copy of the notice by certified mail or by registered mail, return receipt requested sent to the address of record in the Office of the Commissioner of Revenue of Pittsylvania County, Virginia. B. Where the Code Official has determined the necessary corrective action to abate the unsafe or dangerous condition is to take down and remove the building or structure, the notice shall be a written notice mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner. C. In addition to subsections (1) or (2) above, notice shall also be given to any such person or entity by publishing once a week for two weeks a copy of the notice in the newspaper having general circulation in the County in accordance with the applicable provisions of § 15.2-906 of the Code of Virginia. SEC. 4-34. APPLICATION FOR APPEAL. The owner or owner’s agent of any building, wall or structure which has been declared to be a dangerous structure and ordered by the Code Official to be repaired, secured or removed, as provided for in this chapter, may appeal the decision to the local Board of Building Code Appeals. A written request for appeal to the Board of Building Code of Appeals shall be submitted within 10.B.1.b Packet Pg. 129 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) twenty-one (21) calendar days from the receipt of the decision to be appealed on forms as provided by the Code Official. Upon receipt of any application for appeal, the Code Official shall schedule a hearing within sixty (60) calendar days. The appeal hearing shall be in accordance with the usual procedures of the Board of Building Code of Appeals. All procedures, notices, hearings, decisions and other actions by the Building Code of Appeals shall be in accordance with the appeals provisions of the building code. SEC. 4-35. SECURING, REPAIR OR REMOVAL OF DANGEROUS BUILDINGS; ACTIONS BY THE COUNTY. A. If the dangerous condition has not been remedied with a structure secured or torn down and removed within the time limit allowed by the Code Official, or if challenged, by the time established following the final review of the Code Official's decision, the Code Official shall with the approval of the County Administrator, proceed in accordance with the provisions of §15.2-906 of the Code of Virginia, 1950, as amended, to cause the structure to be removed, repaired, secured as the Code Official deems appropriate, considering the condition of the premises. B. In the event the County, through its own agents or employees, removes, repairs or secures any building, wall or any other structure after complying with the notice provisions of this chapter, the cost of expenses there of shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes and levies are collected. C. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided for in Article 3 (§58.1-3940 et seq.) and for (§58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended. SEC. 4-36. EXTENSION OF TIME. In the event that any act required by this chapter can not be performed within the time provided due to shortage of materials, war, restraint by public authorities, strikes, local disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation; provided, however, that the person or entity seeking such extension shall make a written request therefore within the then applicable time period. SEC. 4-37. ADDITIONAL AUTHORITY. In addition to the authority delegated to the Code Official in this chapter, the Code Official shall have all of the authority extended to the Code Official in the Virginia Uniform Statewide Building Code, as well as to take appropriate action on behalf of the County in an emergency to abate, raze, or remove any dangerous structure which constitutes a public nuisance under the provisions of §15.2- 900 of the Code of Virginia, 1950; as amended. Adopted by the BOS on Monday, June 7, 2004 and became effective immediately upon its passage; Article I, Sec. 4-1 Adopted by the BOS on Monday, June 21, 2005 and became effective July 1, 2005; Amended by the BOS 10-16-2012; Amended by the BOS 4-18-2017. 10.B.1.b Packet Pg. 130 Attachment: Chapter 4 - Third-Party Inspections (3224 : Public Hearing: Revisions to PCC Chapter 4 (Erosion and Sediment Control)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: First Pentecostal Holiness Church Real Estate Tax Refund (Staff Contact: R. Goard/V. Hunt) Staff Contact(s): Commissioner Goard and Attorney Hunt Agenda Date: June 21, 2022 Item Number: 11.a Attachment(s): Reviewed By: SUMMARY: At the April 19, 2022, Board of Supervisors’ (“Board”) Meeting, the Board unanimously voted to grant a real estate tax exemption to First Pentecostal Holiness Church (“Church”), an IRS 501(c)(3) owned property. At said Meeting, a Church representative asked for a refund of prior year’s tax payments, if appropriate. Recently, County Staff was advised by the County’s Commissioner of the Revenue’s (“COR”) Office that no refunds are given for this type of exemption (it just becomes effective on the date the Board approves it prospectively). According to Virginia Code, the only time a refund is granted by the COR for previously paid tax years is if there was an erroneous tax situation. In that case, the COR can refund up to three (3) years past taxes paid. If the Board so desires, it possesses the legal authority to authorize the Treasurer to refund the Church back taxes. FINANCIAL IMPACT AND FUNDING SOURCE: $2,933.22 annual tax revenue (or $8,799.66 tax revenue loss if three (3) year refund is granted). RECOMMENDATION: County Staff presents this item to the Board for its review and consideration. MOTION: For the Board’s review and consideration. 11.a Packet Pg. 131 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Fire and Rescue Service Agreement (Staff Contact: Chris Key) Staff Contact(s): Chris Key Agenda Date: June 21, 2022 Item Number: 11.b Attachment(s): FY23 Fire and Rescue Service agreement - DRAFT Reviewed By: SUMMARY: The County’s Public Safety Department requires County Volunteer Fire and Rescue Agencies sign an annual Service Agreement that details expectations of both parties. At the Board’s May Meeting, the Board reviewed the Service Agreement and sent it back to the Fire and Rescue Commission (“FRC”) requesting two (2) changes. One (1) change added a clause to Section 6(b) of the Service Agreement regarding how dual service Agencies would be credited with getting the additional funding when it answers over seventy percent (70%) of calls in one (1) service but are under seventy percent (70%) in another service. The second change involved volunteers being cleared to return to active duty following a serious medical condition. The FRC discussed the issue and is working on it through a County Standard Operating Procedure (‘SOP”), instead of adding it to the Service Agreement. The Service Agreement does require all Agencies to follow County SOPs and guidelines. The FRC recommended the Board approve the attached, revised FY23 Service Agreement. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached, revised Service Agreement MOTION: “I make a Motion to approve the attached, revised Service Agreement.” 11.b Packet Pg. 132 Page 1 of 6 FY 23 FIRE AND EMS DEPARTMENT SERVICE MEMORANDUM OF AGREEMENT This Fire and EMS Department Service Memorandum of Agreement (the “MOA”) is hereby made and entered into on the ___ day of ________, 2022, by and between the County of Pittsylvania, Virginia (the “County”), and ____________________ (the “Volunteer Agency”); (individually the “Party,” collectively the “Parties”). A. PURPOSE: The purpose of this MOA is to outline in reasonable detail the mutual obligations of the County and the Volunteer Agency in regard to the eligibility by the Volunteer Agency for County funds/contributions related to Fire and EMS provision/response in the County. The Parties to this MOA hereby agree to be fully legally bound in all aspects to the below terms and conditions contained in this MOA. B. THE COUNTY/VOLUNTEER AGENCY’S OBLIGATIONS: 1. The County shall provide property and casualty insurance for the Volunteer Agency; however, the County will only cover the cost of insuring those apparatus recommended by the County’s Public Safety Department. 2. The County shall maintain accident and sickness insurance coverage on the Volunteer Agency’s Members. 3. The County shall allocate direct funds/contributions to the Volunteer Agency in three (3) allocations as described more fully below. 4. The County’s first (1st) fiscal year allocation of funds/contributions to the Volunteer Agency shall occur in August and contain fifty percent (50%) of the Volunteer Agency’s annual funds/contributions. Said first (1st) allocation shall only be given to the Volunteer Agency by the County, if the following conditions/milestones are fully and completely met and satisfied: a. The Volunteer Agency has maintained a current roster on file with the County’s Public Safety Department with the name, current certifications, and radio number of each Member. b The Volunteer Agency is current with all applicable State and Federal laws, Virginia Office of EMS Rules and Regulation, and the County’s standard operating guidelines and procedures. 11.b.a Packet Pg. 133 Attachment: FY23 Fire and Rescue Service agreement - DRAFT (3239 : Fire and Rescue Service Agreement (Staff Contact: Chris Key)) Page 2 of 6 c. The Volunteer Agency is in good standing as determined by the County’s Fire and Rescue Commission. d. It is recommended the volunteer agency be an active participant in the County’s Fire and Rescue Association. 5. The County’s second (2nd) fiscal year allocation of funds/contributions to the Volunteer Agency shall occur in January and contain thirty-five percent (35%) of the Volunteer Agency’s annual funds/contributions. Said second (2nd) allocation shall only be given to the Volunteer Agency by the County, if the following conditions/milestones are fully and completely met: a. The Volunteer Agency is in compliance with the conditions/milestones contained in Section B(4) herein. b. All the Volunteer Agency’s equipment and apparatus is maintained in good working order and a readiness condition. c. When the County Capital Improvement Plan is used to purchase equipment for the Volunteer Agency, it fully and completely complies with the Virginia Public Procurement Act and all other County Purchasing guidelines. d. The Volunteer Agency, if it conducts EMS response, will have an annual review with the County’s appointee of the EMS Agency’s Response Plan as provided to the Virginia Office of EMS. e. The Volunteer Agency practices the proper Incident Command System while responding to and mitigating emergency scenes. f. The Volunteer Agency maintains on file with the Public Safety Department copies of updated training records of all members of the agency. These records shall be maintained on a continuous basis. g. The Volunteer Agency is participating in any Countywide records and response reporting system. 6. The County’s third (3rd) fiscal year allocation of funds/contributions to the Volunteer Agency shall occur in June and contain fifteen percent (15%) of the Volunteer Agency’s annual funds/contributions. Said third (3rd) allocation shall only be given to the Volunteer Agency by the County, if the following conditions/milestones are fully and completely met: 11.b.a Packet Pg. 134 Attachment: FY23 Fire and Rescue Service agreement - DRAFT (3239 : Fire and Rescue Service Agreement (Staff Contact: Chris Key)) Page 3 of 6 a. The Volunteer Agency continues to comply with all provisions/conditions contained in Sections B(4) and(B)(5) herein. b. To date in the current fiscal year, the Volunteer Agency has responded to at least seventy percent (70%) of its first due calls (agencies that provide both fire and EMS service who fail to obtain the seventy percent (70%) response rate overall can receive fifty percent (50%) of their fund if it maintains a seventy percent (70%) response rate in either the fire service or the EMS service and is not below a 50% response rate in either service; (credit for calls is given when an agency responds with the appropriate apparatus and certified personnel) and c. To date in the current fiscal year, for a dispatched call, the Volunteer Agency must respond with the appropriate ambulance or fire truck (depending on the type call) within eight (8) minutes of the call being dispatched to the Agency. 7. The County shall also reimburse EMS Transport Agencies fifteen dollars ($15.00) per call responded to on a quarterly basis. 8. The Volunteer Agency shall complete and submit to the County a financial reporting form accounting for County allocated monies received by the agency. The report shall be submitted to the county no later than July 15, 2023. C. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. ENTIRE AGREEMENT/MODIFICATION. This MOU contains the entire agreement of the Parties with respect to the subject matter of this MOU, and supersedes all prior negotiations, agreements, and understandings with respect thereto. This MOU may only be amended/modified by a written document duly executed by all Parties. 2. PRINCIPAL CONTACTS. The principal contacts for this MOA are: Pittsylvania County Administrator c/o the Pittsylvania County Public Safety Director (for the County), and __________________________ (for the Volunteer Agency). 3. COMMENCEMENT/EXPIRATION DATE/TERMINATION. This MOA is executed as of the date of the last signature below and is effective through June 30, 2023, at which time it will expire, unless extended for another fiscal year. Either party may terminate this MOA by providing 60 days’ notice to the other Party. In the event that said termination notice provided by ______________ is during a current fiscal year, __________ shall reimburse to County any unexpended funds allocated to it within thirty (30) days’ receipt by County of termination notice. 11.b.a Packet Pg. 135 Attachment: FY23 Fire and Rescue Service agreement - DRAFT (3239 : Fire and Rescue Service Agreement (Staff Contact: Chris Key)) Page 4 of 6 4. GOVERNING LAW, VENUE, MEDIATION, LEGAL FEES/COSTS: a. Governing Law: This MOA shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. b. Venue: If legal action by either party is necessary for or with respect to the enforcement of any or all of the terms and conditions hereof, then exclusive venue therefore shall lie in the County of Pittsylvania, Virginia. c. Mediation: i. Good faith mediation shall be a condition precedent to the filing of any litigation in law or equity by either Party against the other Party relating to this MOA. Before the remedies provided for in this Section may be exercised by either Party, such Party shall give written notice to the other Party that such Party believes that an event of default or impasse under this MOA may have occurred, specifying the circumstances constituting the event of default or impasse in sufficient detail that the other Party will be fully advised of the nature of the event of default or impasse. The responding Party shall prepare and serve a written response thereto within ten (10) business days of receipt of such notice. A meeting shall be held within ten (10) business days after the response between the Parties to attempt in good faith to negotiate a resolution of the dispute. ii. If the Parties are unable to resolve the dispute through the above- process, the Parties shall attempt to resolve the controversy by engaging a single mediator, experienced in the subject matter, to mediate the dispute. The mediator shall be mutually selected by the Parties, to the controversy and conduct mediation at a location to be agreed upon by the Parties or absent agreement, by the mediator. Within two (2) business days of selection, the mediator shall be furnished copies of the notice, this MOA, response, and any other documents exchanged by the Parties. If the Parties and the mediator are unable to settle the same within thirty (30) days from selection, or such other time as the Parties agree, the mediator shall make a written recommendation as to the resolution of the dispute. Each Party, in its sole discretion, shall accept or reject such recommendation in writing within ten (10) days. Should the Parties be unable to agree upon a single mediator within five (5) business days of the written response of the responding Party, the Parties jointly, shall agree upon the selection of a neutral third-party agreed upon by the Parties, to appoint a mediator, experienced and knowledgeable in the matters which are the subject of the dispute. The costs of the Mediator and the mediation shall be shared equally by the Parties to the dispute. 11.b.a Packet Pg. 136 Attachment: FY23 Fire and Rescue Service agreement - DRAFT (3239 : Fire and Rescue Service Agreement (Staff Contact: Chris Key)) Page 5 of 6 iii. Notwithstanding the preceding paragraphs, the Parties reserve the right to file suit or pursue litigation. The Parties consent to selection of a mediator by any Court shall not constitute consent to jurisdiction of such court or waiver of defenses as to venue or jurisdiction. d. Legal Fees/Costs: At all times under this MOA, each Party shall be responsible for its own legal fees and costs. 5. WAIVER OF BREACH. The failure of the County to enforce one (1) or more of the terms or conditions of the MOA, from time-to-time, shall not constitute a waiver of such terms or conditions upon subsequent or continuing breach. 6. BENEFIT. This MOA shall inure to the benefit of, and shall bind the heirs, successors, and assigns of the Parties. IN WITNESS WHEREOF, the parties hereto have executed this MOA as of the last date written below. Witness following signatures and seals: THE COUNTY OF PITTSYLVANIA, VIRGINIA By: ___________________________________ Title: _________________________________ Print Name: ___________________________ COMMONWEALTH OF VIRGINIA County of Pittsylvania, to-wit: I, _______________________, a Notary Public for the Commonwealth of Virginia at large, do hereby certify that ________________, whose name is signed to the foregoing MOA, bearing date of the ____ day of ________, 2022, has acknowledged the same before me in the jurisdiction aforesaid. Given under my hand this ____ day of _________________, 2022. _______________________________ Notary Public My commission expires: _________________________________ APPROVED AS TO FORM ________________________ 11.b.a Packet Pg. 137 Attachment: FY23 Fire and Rescue Service agreement - DRAFT (3239 : Fire and Rescue Service Agreement (Staff Contact: Chris Key)) Page 6 of 6 J. Vaden Hunt, Esq. Pittsylvania County Attorney DEPARTMENT: ______________________________________ By: ___________________________________ Title: _________________________________ Print Name: ___________________________ COMMONWEALTH OF VIRGINIA County of Pittsylvania, to-wit: I, _______________________, a Notary Public for the Commonwealth of Virginia at large, do hereby certify that ________________, whose name is signed to the foregoing MOA, bearing date of the ____ day of ________, 2022, has acknowledged the same before me in the jurisdiction aforesaid. Given under my hand this ____ day of _________________, 2022. _______________________________ Notary Public My commission expires: _________________________________ 11.b.a Packet Pg. 138 Attachment: FY23 Fire and Rescue Service agreement - DRAFT (3239 : Fire and Rescue Service Agreement (Staff Contact: Chris Key))