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09-19-2023 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, September 19, 2023 - 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. Board Meeting Minutes Approval (Staff Contact: Kaylyn McCluster) b. County's 2023 August Bill List Approval (Staff Contact: Kim VanDerHyde) c. Resolution # 2023-09-01 (Dodson Commonwealth Transportation Board Recognition) Adoption (Staff Contact: Board of Supervisors ) d. November Board Meeting Date Change Approval (Staff Contact: Kaylyn McCluster) e. School Cafeteria Year-End Fund Balance Appropriation Approval (Staff Contact: Kim VanDerHyde) f. FY 2024 Capital Improvements Fund Appropriation Approval (Staff Contact: ) g. Landfill Cell C2 Design, Bidding and Construction Administration Services Agreement Execution Approval (Staff Contact: Chris Adcock) h. Mount Hermon Solid Waste Convenience Center Expansion Contract Award Approval (Staff Contact: Chris Adcock) i. Rail Trail Bridge Construction Bids Cancellation Approval (Staff Contact: Connie Gibson) j. 2023 VATI Agreement Amendment Execution Approval (Staff Contact: Dave Arnold) k. Hay Cutting Contract Lease Agreement Execution Approval (Staff Contact: Vaden Hunt) 8. PRESENTATIONS a. General Presentations (Board of Supervisors); (if any) 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 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. 1. Public Hearing: Case R-23-021; Kevin and Frances Reynolds; Rezoning from R-1, Residential Suburban Subdivision, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) (Staff Contact: Emily Ragsdale) 2. Public Hearing: Case R-23-022; Larry Dalton; 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 Eanes) (Staff Contact: Emily Ragsdale) 3. Public Hearing: Case R-23-023; Willie Thompson; 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 Warren) (Staff Contact: Emily Ragsdale) 4. Public Hearing: Case R-23-024 David and Mary Ellen Wright; Rezoning 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 Ingram). (Staff Contact: Emily Ragsdale) 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: FY 2024 County Budget Amendments (Staff Contact: Kim VanDerHyde) 2. Public Hearing: Pittsylvania County Code Amendments (RPD); (PCC §§ 35-298, -301, and -306) (Staff Contact: Emily Ragsdale) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT 7.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Board Meeting Minutes Approval Staff Contact(s): Kaylyn McCluster Agenda Date: September 19, 2023 Item Number: 7.a. Attachment(s): 1. 08-10-2023 Joint Meeting - Planning and BZA - DRAFT 2. 08-15-2023 Work Session - DRAFT 3. 08-15-2023 Business Meeting - DRAFT 4. 09-05-2223 Special Called Meeting - Tunstall Precinct - DRAFT Reviewed By: SUMMARY: For the Board's review and consideration, attached are the following Board Meeting Minutes: (1) 08/10/2023 Joint Meeting with Planning Commission and BZA; (2) 08/15/2023 Work Session; (3) 08/15/2023 Business Meeting; and (4) 09/05/2023 Special Called Meeting. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the Board Meeting Minutes as attached and presented. MOTION: "I make a Motion approving the Board Meeting Minutes as attached and presented." 1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ JOINT MEETING WITH PLANNING COMMISSION AND BOARD OF ZONING APPEALS August 10, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Joint Meeting was held on August 10, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (5:30 PM) Dalton called the Meeting to Order at 5:30 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. The following Planning Commission Members were present: Fred Webb Nathan Harker Gary Oakes Janet Mease Colette Henderson Justin Brown Richard Waters The following Board of Zoning Appeals Members were present: Allan Easley Joseph Craddock Ronald Merricks APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (APPROVE) MOVER: Ingram SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes 2 NAYS: None ABSTAIN: None PRESENTATIONS a. Zoning Ordinance Update Presentation (Staff Contact: Emily S. Ragsdale); (Presenter: The Berkley Group) Caroline Vanterve, Planner, The Berkley Group, reviewed the County’s Zoning Ordinance Update with the Board, Planning Commission, and the Board of Zoning Appeals. Her presentation can be found on the County’s website at www.pittsylvaniacountyva.gov. ADJOURNMENT Dalton adjourned the Meeting at 6:12 PM. 3 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ WORK SESSION August 15, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Work Session was held on August 15, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (3:30 PM) Dalton called the Meeting to Order at 3:30 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District Timothy W. Dudley - Vice-Chairman, Staunton River District Nancy K. Eanes – Dan River District William V. (“Vic”) Ingram - Tunstall District Ronald S. Scearce - Westover District Robert M. Tucker, Jr. - Banister District Robert (“Bob”) W. Warren - Chatham-Blairs District APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approved) MOVER: Ingram SECONDER: Eanes AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None PRESENTATIONS a. County/IDA Economic Development Strategic Plan Scope Presentation Joey Faucette, IDA Chairman, extended an invitation to the Board to join the IDA in creating an economic development strategic plan that leverages the County's historical strengths, maximizes the current momentum, and creates a prosperous, high-quality of life future for the citizens. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Horseshoe Road Waterline Extension Project - Saddle Road Addition Discussion Recently, County Public Works Staff was contacted by a resident at 212 Saddle Road who was interested in acquiring public water during the Horseshoe Road Extension Project ("Project"). Saddle Road joins Horseshoe Road but was not included in the Project. County Staff advised the resident that Saddle Road was not included in the Project, but, if there was interest, it could be brought before the Board for consideration. County Staff also advised the resident that it would be helpful to obtain a petition from those who would be interested in public water service. Petitions and letters were received indicating the residents' willingness to pay the connection fee. Adcock stated the original Project may come in under budget, due to not encountering as much rock as estimated, but there are also reserves in the County 4 Public Works' Water and Sewer Fund that could be utilized to fund the Saddle Road Project extension. He requested the Board authorize him to proceed with revising this Project to include the Saddle Road water extension. Motion to send this request to the Business Meeting for approval. RESULT: 7-0 (Approved) MOVER: Ingram SECONDER: Scearce AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None b. Ameresco County Facilities Improvements Funding Discussion Adcock stated that over the last year, Ameresco, an energy efficiency company, has been performing an investment-grade energy audit ("IGA") of all County buildings. The IGA performs a very detailed investigation into energy use and develops proposed measures that can provide improvements to the facilities, while saving energy expenses that can then be used to help pay for the building improvement measures. County Staff has reviewed the completed IGA and identified the measures that provide the greatest benefit to the County, improve the conditions and comfort issues inside its facilities, and address some significant deferred maintenance issues that, if left unaddressed, could cause significant problems. One (1) of the County's buildings, the Moses Building, which houses the County's Sheriff's Office, was constructed in 1938, and has significant issues including old windows, which allow moisture intrusion, inefficient window air-conditioning units, and an older, inefficient steam boiler heating. In addition to a new HVAC system and new windows for the Moses Building, other identified improvements include HVAC control upgrades at fourteen (14 ) County buildings, boiler and air handling unit replacements at the Martin Administration Building, air handling unit replacements at the Human Services Building, and a new HVAC system serving the older sections of the Courthouse Complex. County Staff has identified approximately $400,000 from unused ARPA funds that can be utilized to pay for the Human Services Building portion, as that would be a qualified expense based on that building's use. County Staff recommends financing the remainder for a maximum 15-year term. At current interest rates, it would result in an annual payment of approximately $375,000 - $400,000; said amount will need to be budgeted annually. Ameresco has been awarded several state cooperative contracts for its related services that meet County procurement requirements. Representatives from Ameresco were in attendance and presented the 100% Investment Grade Audit Review to the Board. The presentation can be found on the County's website at www.pttsylvaniacountyva.gov. Board members requested Van Der Hyde gather additional financial information and give an update at the September Work Session. c. General Rezoning Public Hearing Notice, Advertising, and Signage Discussion Ragsdale was requested to provide information to the Board regarding general rezoning public hearings, advertising, and signage. She stated her office follows State Code regarding the notices and advertising. In addition, Ragsdale’s office goes above State Code requirements regarding the signs. The Board discussed the possibility of reusable signs and requested Ragsdale bring sample signs back to the Board for review. CLOSED SESSION Motion to enter Closed Session. 5 The Board entered Closed Session at 4:25 PM. RESULT: 7-0 (Approved) MOVER: Tucker SECONDER: Warren AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matters: Property Acquisition (Hurt Property) Purpose: Review/Discussion Regarding the Same a. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Southside Housing Development Rezoning; Fire and Rescue Service Agreement Purpose: Consultation with Legal Counsel/Legal Advice and Discussion Regarding the Same RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:08 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 August 15 2023, 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 Nancy K. Eanes Yes William V. (“Vic”) Ingram Yes Ronald S. Scearce Yes Robert M. Tucker, Jr. Yes Robert (“Bob”) W. Warren Yes Timothy W. Dudley Yes 6 Darrell W. Dalton Yes ADJOURNMENT Dalton adjourned the Meeting at 6:10 PM. 7 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING August 15, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on August 15, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Dalton called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; Nancy K. Eanes - Dan River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. AGENDA ITEMS TO BE ADDED Motion to make the following revisions to the Agenda: • Remove item 7(i) from the Consent Agenda • Add item 13(a), Horseshoe Road Waterline Extension to Matters from Work Session • Add item 9(a), to direct Ragsdale and Hunt to work on revisions to Code changes for RPD RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None ITEMS REMOVED FROM AGENDA 7i. Resolution # 2023-08-01 (Dodson Recognition) 8 CONSENT AGENDA Motion to approve Consent Agenda. RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Eanes AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None a. July Board Meeting Minutes Approval b. County's 2023 July Bill List Approval c. Appointments: CPMT (2); (Parent Representative; Private Provider); (Dickens; Karavanic) d. Appointment: DPCS (Chatham-Blairs District); (Fuller) e. Resolution # 2023-08-03 (Revised Emergency Operations Plan) Adoption f. Solid Waste Engineering Services Contract Award Approval (LaBella) g. Service Weapon Purchase Approval (Deputy Sheriff Howard Crump) h. Service Weapon Purchase Approval (Christopher Talley) i. Resolution # 2023-08-01 (Dodson Recognition) Adoption - REMOVED FROM AGENDA j. Resolution # 2023-08-02 (FY23-24 VJCCCA Plan) Approval Ratification k. Certificates of Excellence (County Interns) Approval l. Certificates of Recognition Approvals (2); (Dan River High School Students); (Thomas; Ferguson) m. Appointment: Danville Community College Advisory Board (Full Board Appointment); (Randy L. Shackleford) n. Resolution # 2023-08-04 (Authorization for Purchase of Property for a Public Purpose) Adoption PRESENTATIONS Dan River High School Students, Kasey Ferguson and Jakari Thomas, were present to accept Certificates of Excellence recognizing them for their accomplishments at the Strike King Bassmaster High School National Championship. Jessica Jones was present to accept a Certificate of Excellence for receiving the National California Casualty Award for Teaching Excellence. Kiana Dillard, Workforce Coordinator, was present to thank the Board for their continued support of the Summer Internship Program. HEARING OF THE CITIZENS The following citizens spoke regarding the proposed revisions to PCC Chapter 35, RPD, and the housing project in the Axton community. They shared their concerns and opposition for these revisions and the project. • Jane Kendrick (Tunstall District) • James Adams (Tunstall District) • Kim Greer (Tunstall District) • Michael Kendrick (Tunstall District) • Thomas Murphy (Tunstall District) • Alaina Kiskadden (Tunstall District) • Thea Gutierrez (Tunstall District) • Irvin Moss (Tunstall District) 9 Ken Moss (Callands-Gretna District) spoke on behalf of his mother, Judy Moss, who lives in the Westover District off of Buford Road. He shared his concerns regarding the Berry Hill Solar Project and revisions to the map that was agreed upon. He requested the County revoke the land use permit until this issue can be resolved. David Law (Banister District) shared comments regarding the Board of Elections and the past Registrar. Frank Fox (Chatham-Blairs District) shared comments with the Board regarding "legacy votes" such as the one they will take tonight. He requested the Board not only vote to represent the citizens in their District, but to vote for the County as a whole. a. Community Development Directive Motion to direct County Staff, Ragsdale, and Hunt, to review and revise PCC changes to RPD to state that there should be, from approval of the vote, forward, that there should be 100-foot setback on the exterior of the property. That it must be a minimum of 25 acres in size, that 5% of the 30% that must be green space that is designated for recreational area cannot include any wetlands, and that anything that is operating as an RPD must have municipal water and sewer in place. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None PUBLIC HEARINGS Other Public Hearings 1. FY 2023 Year-End County Budget Amendments Annually, Departmental/Fund Budgets are reviewed to determine if sufficient budget amounts exist to cover expenses until year-end and most of these items are bookkeeping entries required by the County’s Auditors. The Board was provided with a list that shows the amount needed/requested and the reason for the need/request. Said list also contains suggested appropriations for year-end, as well as the categorical changes requested by the School Board. Dalton opened the Public Hearing at 8:08 PM. No one signed up to speak and Dalton closed the Public Hearing at 8:09 PM. Motion to approve the FY 2023 County Budget Amendments as presented. RESULT: 7-0 (Approve) MOVER: Warren SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 10 2. Public Hearing: Pittsylvania County Code Amendments (RPD); (PCC §§ 35-35, -295, - 296, -298, -301, and -305)2023 Year-End County Budget Amendments Southside Investing, LLC ("Applicant"), is proposing a 579-acre development located on/off of State Road 58/Martinsville Highway, State Road 851/Peach Orchard Road, and Sugar Tree Lane, in the Tunstall Election District. The Applicant submitted a separate application requesting to rezone the eleven (11) subject properties from A-1, Agricultural District, to RPD, Residential Planned Unit Development District, to allow for a mixed-use development consisting of 308 multi- family units, 542 townhomes, and 988 single-family homes, as well as various commercial uses. For the rezoning and the proposed development plan to be approved, various changes to the County's Zoning Ordinance would be necessary. The Applicant is requesting amendments to Pittsylvania County Code ("PCC") §§ 35-295, 35-296, 35-298, 35- 301, and 35-305. On June 6, 2022, the Planning Commission recommended, by a 6-0 vote, with opposition, that the proposed PCC amendments be adopted. Additionally, County Staff has proposed amendments to PCC § 35- 35 to add definitions for attached and detached single family dwellings. Ragsdale also reviewed the proposed revisions with the Board and her presentation can be found on the County's website at www.pittsylvaniacountyva.gov. Dalton opened the Public Hearing at 8:35 PM. Joey Faucette and John Daniel, IDA Chair and Vice-Chair, were present and Faucette read a Resolution in support of the proposed revisions from the IDA. The following citizens from the Tunstall District spoke regarding the proposed revisions to PCC Chapter 35, RPD. They shared their concerns and opposition to said revisions. • Rowland Bowers • Kenneth Wood • Jane Kendrick • Kim Greer • Michael Kendrick • Thomas Murphy • Nathalie Bennett • David Willis • Frank Smith • Jason Hedman • Irvin Moss • Josh Austin • Heather Watlington Dalton closed the Public Hearing at 9:43 PM. Motion to approve revisions to PCC §§ 35-35, 35-295, 35-296, 35-298, 35-301, and 35-305 as presented. RESULT: 4-3 (Approve) MOVER: Ingram SECONDER: Warren AYES: Dalton, Tucker, Warren, Ingram NAYS: Scearce, Dudley, Eanes ABSTAIN: None 11 Dalton called a recess at 9:47 PM. The Board reconvened at 10:03 PM. Rezoning Public Hearings 1. Public Hearing: Case R-23-018 Rhetson Companies, Inc; Rezoning M-1, Industrial District, Light Industry, to B-2, Business District, General; The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Scearce) In Case R-23-018, Rhetson Companies, Inc. (“Petitioner”), has petitioned to rezone 3.15 acres from M-1, Industrial District, Light Industry, to B-2, Business District, General (to allow for a retail business). The subject property is located on State Road 29/U S Highway 29, in the Westover Election District, and shown on the Tax Maps as part of GPIN # 2420-66-9558. Once the property is rezoned to B-2, all uses listed under PCC § 35-365 are permitted. On July 6, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. Dalton opened the Public Hearing at 10:05 PM. Attorney Kerry Hutcherson was present to represent Rhetson Companies, Inc. No one signed up to speak and Dalton closed the Public Hearing at 10:08 PM. Motion to approve the rezoning of 3.15 acres from M-1, Industrial District, Light Industry, to B-2, Business District, General, to allow property for a retail business on the property. RESULT: 7-0 (Approve) MOVER: Scearce SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 2. Public Hearing: Case R-23-019; Neil Waltman; Rezoning from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District; The Planning Commission recommended by a 7-0 vote, with no opposition, that the petitioner's request be granted. (Supervisor Eanes) In Case R-23-019, Neil Waltman (“Petitioner”) has petitioned to rezone 2.990 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow the property to be consolidated with an adjacent parcel zoned R-1). The subject property is located on State Road 729/Kentuck Rd, in the Dan River Election District, and shown on the Tax Maps as part of GPIN # 2359-19-8720. Once the property is rezoned to R-1, all uses listed under PCC § 35-222 are permitted. On July 6, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. Dalton opened the Public Hearing at 10:10 PM. Neil Waltman was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 10:11 PM. Motion to approve the rezoning of 2.990 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted. 12 RESULT: 7-0 (Approve) MOVER: Eanes SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 3. Public Hearing: Case R-23-020; Emmanuel Pentecostal Holiness Church; Rezoning A-1, Agricultural District, to R-1, Residential Suburban Subdivision District; The Planning Commission recommended by a 7-0 vote, with no opposition, that the petitioner's request be granted. (Superiviors Ingram) In Case R-23-020, Emmanuel Pentecostal Holiness Church (“Petitioner”) has petitioned to rezone 0.859 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to allow the property to be consolidated with an adjacent parcel zoned R-1). The subject property is located on State Road 836/White Oak Circle, in the Tunstall Election District, and shown on the Tax Maps as part of GPIN # 2403-63-9907. Once the property is rezoned to R-1, all uses listed under PCC § 35-222 are permitted. On July 6, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. Dalton opened the Public Hearing at 10:12 PM. Gerald Kelly was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 10:13 PM. Motion to approve the rezoning of 0.859 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District, to allow property lines to be adjusted. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Warren AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 4. Public Hearing: Case R-23-016; Southside Investing, LLC; Amending the Future Land Use Designation from Agricultural and Rural Residential to Medium to High Density Residential and Rezoning from A-1, Agricultural District, to RPD, Residential Planned Unit Development District; The Planning Commission recommended by a 6-0 vote, with opposition, that the petitioner's request be granted. (Supervisor Ingram) In Case R-23-016, Southside Investing, LLC (“Petitioner”), has petitioned to amend the future land use designation shown in the County's Comprehensive Plan from Agricultural and Rural Residential to Medium to High Density Residential and to rezone 579.72 acres, from A-1, Agricultural District, to RPD, Residential Planned Unit Development District (to allow a mixed-use development that will consist of single-family and multi-family residential and commercial uses). The subject property is located on/off of State Road 58/Martinsville Highway, State Road 851/Peach Orchard Road, and Sugar Tree Lane, in the Tunstall Election District, and shown on the Tax Maps as part of GPIN #s 1349-43-8879, 1349-33-2695, 1349-63-1387, 1349-44-8645, 1349-45-6135, 1349-45- 7830, 1349-46-9383, 1349-56-2916, 1349-66-4776, 1349-65-1626, 1349-54-9601. Once the property is rezoned to RPD, all uses listed under PCC § 35-294 are permitted. On June 6, 2023, the Planning Commission recommended, by a 6-0 vote, with opposition, that the Petitioner's request be granted. 13 Dalton opened the Public Hearing at 10:14 PM. Tom Gallager was present to represent the Petition. Joey Faucette and John Daniel, IDA Chair and Vice-Chair, were present and Faucette read a Resolution in support of the proposed rezoning from the IDA. Keesee was provided comments prepared by Deborah McKague, and Keesee read them to the Board on behalf of McKague. Her comments were in opposition to this rezoning, and she requested the Board to keep future subdivisions low to medium density with sensible development, and to keep the County rural. Ingram read comments provided by Steve Heatherly, Sovah Health CEO, in support of this rezoning and the proposed development. Joshua Jennings shared his support for this rezoning and stated this is a much-needed step. This growth presents opportunities not only for children in our area and the stability of the County, but something that is needed to attract new opportunities. The following citizens from the Tunstall District spoke regarding Rezoning Case R-023-016. They shared their concerns and opposition to said rezoning. • Kenneth Wood • Jane Kendrick • Kim Greer • Michael Kendrick • David Willis • Jerome Adams • Josh Austin • Lisa Hatcher • Erica Spina Dalton closed the Public Hearing at 11:07 PM. Motion to approve the amendment of the Future Land Use Designation from Agricultural and Rural Residential to Medium to High Density Residential and the rezoning of 579.72 acres, from A-1, Agricultural District, to RPD, Residential Planned Unit Development District to allow a mixed-use development that will consist of single-family and multi-family residential and commercial uses as shown on the submitted concept plan with the proffers submitted by the Petitioner. RESULT: 5-2 (Approve) MOVER: Ingram SECONDER: Tucker AYES: Dalton, Tucker, Warren, Dudley, Ingram NAYS: Scearce, Eanes ABSTAIN: None MATTERS FROM WORK SESSION a. Horseshoe Road Waterline Extension Motion to approve the Horseshoe Road Waterline Extension Project for Saddle Road as presented 14 in the Work Session. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None BOARD MEMBER REPORTS • Eanes requested everyone to continue to remember Chesher and the students in schools. • Dudley thanked everyone for coming out to the Meeting, as well as the investors for the Southside Investing Project. He stated he doesn't like the density, but he does support the Project. • Warren stated that his comments at last month's Meeting regarding a blogger or Facebook member have been mischaracterized. Said blogger went and attacked another person running for Clerk of Court, and Warren stated he has never heard her say anything negative or derogatory about anyone running in this campaign. He challenged everyone to seek factual information and not believe the falsehoods that are being told. • Ingram stated he was most grateful for the land we live in and the privilege to agree to disagree, and this is government in action. He thanked everyone for their input and things will be okay because of the strong community. • Tucker stated tonight was a good Meeting and asked everyone to consider this as you lay down and enjoy your home, to please pray for the people of Maui and Hawaii who are going through one of the biggest cataclysmic events that has happened on that island. He also stated the Chairman is very open to allowing the public to speak their opinion, but he stated there are rules in place for the public forum, and he challenged the Chairman to not sit there and allow individuals to come to the meeting and attack Board Members. Tucker apologized for Law's attack during Hearing of the Citizens, and stated he has never superimposed his opinions on anyone since he's been on this Board as a Supervisor. Tucker normally attends committee meetings throughout the County, and he would never capitulate in terms of representing the Banister District and County, and he apologized to everyone who had to experience that. • Dalton thanked everyone for coming out, taking their time with their comments, and the developers. He thanked County Staff for the work they do, and asked everyone to be careful driving as school is back in session. COUNTY ADMINISTRATOR REPORTS Turille thanked Arnold and all IT staff for their hard work to accommodate a hearing-impaired citizen at the meeting tonight. ADJOURNMENT Dalton adjourned the Meeting at 11:47 PM. 15 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ SPECIAL CALLED MEETING September 5, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors’ (“Board”) Special Called Meeting was held on September 5, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (6:00 PM) Dalton called the Meeting to Order at 6:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; Nancy K. Eanes - Dan River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren - Chatham-Blairs District. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approved) MOVER: Ingram SECONDER: Warren AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None PUBLIC HEARING Public Hearing: PCC § 8-7 Revision (Tunstall Precinct Location Change) Approval Dalton opened the Public Hearing at 6:03 PM. No one signed up to speak and Dalton closed the Public Hearing at 6:03 PM. Motion to approve the revisions to PCC § 8-7 as presented. RESULT: 7-0 (Approved) MOVER: Warren SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ADJOURNMENT Dalton adjourned the Meeting at 6:05 PM. 16 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's 2023 August Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: September 19, 2023 Item Number: 7.b. Attachment(s): None Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review and approve payments made by the County as oversight of County Fund expenditures. For the Board's review and consideration, the County's August Bill List is found at the link below: https://weblink.pittgov.net/WebLink/Browse.aspx?id=486453&dbid=0&repo=Pitt GovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2023 August Bill List as presented. MOTION: “I make a Motion approving the County’s 2023 August Bill List as presented.” 17 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2023-09-01 (Dodson Commonwealth Transportation Board Recognition) Adoption Staff Contact(s): Board of Supervisors Agenda Date: September 19, 2023 Item Number: 7.c. Attachment(s): 1. 2023-09-01 Bert Dodson - Resolution of Appreciation Reviewed By: SUMMARY: Bert Dodson, Jr. (“Dodson”), served as a member of the Commonwealth Transportation Board representing the Lynchburg District (which includes the County) from 2018 to 2023. Dodson has diligently and tirelessly been a tremendous advocate for the County’s and region’s Economic Development efforts. He has given unselfishly his time and efforts for the County’s betterment, and as a result, thousands of jobs will be ultimately associated with his efforts at the County's Megasite and SVMP. Accordingly, for the Board's potential adoption, Resolution # 2023-09-01, evincing the same, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2023-09-01 as presented. MOTION: "I make a Motion adopting attached Resolution # 2023-09-01 as presented." 18 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-09-01 _____________________________________________________________________________ BERT DODSON, JR., RESOLUTION OF APPRECIATION VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, September 19, 2023, in the Board Meeting Room, the following Resolution was presented and adopted: WHEREAS, Bert Dodson, Jr. (“Dodson”), served as a member of the Commonwealth Transportation Board (“CTB”) representing the Lynchburg District (which includes Pittsylvania County, Virginia (“County”)) from 2018 to 2023, having been appointed by Governor Ralph Northam in 2018 to fill an unexpired term, and subsequently reappointed for a full four (4)-year term by Governor Ralph Northam in 2019; and WHEREAS, Dodson has diligently and tirelessly been a tremendous advocate for the County’s and region’s Economic Development efforts; and WHEREAS, he was instrumental in securing over $71M in new road funding for the Southern Virginia Megasite (“Megasite”), including $33M for the new 2.2 mile Connector Road and $38M for widening existing U.S. Rt. 311 from two (2) lanes to four (4) lanes with median separation from the intersection of the Connector Road to Oak Hill Road; and WHEREAS, Dodson also led the approval process for Staunton River Plastics, LLC’s, Industrial Rail Enhancement Grant, which paid seventy percent (70 %) of the costs required to reconstruct an existing rail siding and switch at the Southern Virginia Multimodal Park (“SVMP”) in Hurt, Virginia; and WHEREAS, he has given unselfishly of his time and efforts for the County’s betterment, and as a result, thousands of jobs will be associated with, and due to, his efforts with the anticipated cumulative impacts of the Megasite and the SVMP; and NOW, THEREFORE, BE IT RESOLVED, that the Board express their sincere appreciation to Dodson for his noble dedication of his time and efforts towards the development and advancement of the County and the region; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be presented to Dodson on behalf of the Board. Given under my hand this 19th day of September, 2023. ________________________________________________ Darrell W. Dalton Chairman, Pittsylvania County Board of Supervisors ________________________________________________ Stuart J. Turille, Jr. Clerk, Pittsylvania County Board of Supervisors 19 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: November Board Meeting Date Change Approval Staff Contact(s): Kaylyn McCluster Agenda Date: September 19, 2023 Item Number: 7.d. Attachment(s): None Reviewed By: SUMMARY: Due to the regularly scheduled November Board Meetings falling during the week of Thanksgiving, County Staff believes it to be beneficial to move the November Board Meetings to Tuesday, November 28, 2023. This would also allow Staff more time for packet completion, since the first full week of November also has two (2) work holidays (Election Day and Veterans Day). County Staff will be proactive in notifying County Staff and citizens of this change once approved. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve moving the November Board Meetings from November 21, 2023, to November 28, 2023. MOTION: "I make a Motion to approve moving the November Board Meetings from November 21, 2023, to November 28, 2023." 20 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Budget Agenda Title: School Cafeteria Year-End Fund Balance Appropriation Approval Staff Contact(s): Kim VanDerHyde Agenda Date: September 19, 2023 Item Number: 7.e. Attachment(s): 1. 2023 YEAR-END SCHOOLS Reviewed By: SUMMARY: On August 15, 2023, the Board held a Public Hearing regarding Budget Adjustments needed for year-end 2023. These adjustments were approved unanimously. Unfortunately, there was one (1) adjustment that was inadvertently left off of the list of adjustments. The Schools requested to use a total of $578,655.87 of fund balance to cover final School Cafeteria expenditures for FY 2023 as highlighted in the attached Budget Request letter from Dr. Mark Jones, Superintendent of Schools. FINANCIAL IMPACT AND FUNDING SOURCE: Approval of this adjustment is needed to close out the Cafeteria Fund for FY 2023 and has no financial impact on the County Budget. RECOMMENDATION: County Staff recommends the Board approve the proposed County Budget Amendment of $578,655.87 to the Cafeteria Fund. MOTION: "I make a Motion to approve the Budget Amendment in the amount of $578,655.87 to the School Cafeteria Fund for FY 2023." 21 PCSA PITT5YLVAMIA COUNTY SCHOOLS Of.Mark R.iones Division Superintendent **(Mnk Mievt .i iMlham,VA MS M>* July 12,2023 Stuart Turille,Jr.,County Administrator Pittsylvania County Board of Supervisors P.O.Box 426 Chatham,VA 24531 Mr.Turille: Attached please find the June 30,2023 Year End Financial Statement for Pittsylvania County Schools along with the year-end categorical budget transfers and an additional appropriation for School Nutrition.The School Board requests that the Board of Supervisors approve the year end categorical transfers,the additional appropriations and the designated carryovers for June 30, 2023.The School Board also asks that the FY 2023-24 budget be amended by the carryover amount and that the funds be appropriated for spending. Thank you for your attention on this matter. Sincerely, Dr.Mark R.Jones Division Superintendent TELEPHONE NUMBERS:(434)432-2761 (434)793-1624 (Danville)(434)630-1817 (Gretna)FAX (434)432-956022 Budget Adjustments and Categorical Transfer for FY 2022-23: Budget Adjustmentsapproved by Board of Supervisors: FY 2021-22Carryover (approved by BOS 9/20/2022)6,252,236.68 $6,252,236.68TotalAmendmentsapprovedandappropriatedbyBOS Additional Appropriation for FY 22-23: School Nutrition Revenues-Federal($632,014.51)/State ($12,934.56) SalesTax -State PEMS-State Title I -Federal Title IV•Federal ESSER Funds-Federal ARP Pandemic Bonus-Federal School Based Mental HealthGrant-Federal DRF/Go-Tec Reimbursement FY22-Local/State Misc.Grants-local 644,949.07 870,759.28 24,000.00 112,139.43 145,811.23 2,327,092.29 848,302.00 107,156.00 703,172.73 120,545.00 $5,903,927.03 $12,156,163.71TotalAmendmentsandAppropriationsforFY22-23 2022-2023 Categorical Budget Fiscal Yr-End Categorical Transfers OriginalBudget Additional Adopted by BOS Appropriations Adjusted Budget Final Adjusted BudgetCategories 3,936,232.75 80,572,832.75Instruction76,636,600.00 -2,001,294.86 78,571,537.89 147,941.06Attendance/HealthServices (GeneralSupport)4,891,459.00 5,039,400.06 -263,995.91 4,775,404.15 7,284,757.00 1,062,925.44 8,347,682.44 -11,224.32 8,336,458.12)PupilTransportation Operation and Maintenance 17,489,361.00 3,646,614.82 21,135,975.82 -1 873.988.10 19,261,987.72 Non-Instructional Operations 5,535,585.00 646,949.07 6,182,534.07 13,316.90 6,195,850.97 1,854,681.36 2,127,799.36Facilities273,118.00 5,586,824.99 7,714,624.35 4,392,887,00 860,819,21 5,253,706.21 -1,449,638.70Technology 3,804,067.510.000.00 0.00 0.00 0.00ContingencyReserves 128,659,930.71116,503,767.00 12,156,163.71 0.00 128,659,930.71Total Additional Appropriation forSchool Nutrition for FY 22-23: 578,655.87 644,949.07 Fund Balance Revenues •Federal ($632,014.51)/State ($12,934.56)Reimbursements $1,223,604.94TotalSchoolNutritionAmendmentforFY22-23 Original Budget Additional FinalAdjusted Adopted by BOS Appropriations BudgetCategories 5,501,900.001 1,223,604,941 6,725,504.94SchoolNutrition 23 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: FY 2024 Capital Improvements Fund Appropriation Approval Staff Contact(s): Agenda Date: September 19, 2023 Item Number: 7.f. Attachment(s): 1. Capital Projects-ALL FY 2024 Reviewed By: SUMMARY: For the Board's review and consideration, attached is a report of all Capital Improvements Fund Balances located in the Capital Improvements Fund (Fund 310), Water and Sewer Fund (Fund 501), and Landfill Fund (Fund 520). Per Section 8 of the Budget Resolution, "appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation." A report of all capital projects is therefore presented annually to the Board to reaffirm all capital appropriations for the upcoming budget year. FINANCIAL IMPACT AND FUNDING SOURCE: Approval of the Capital Improvements Fund Balances does not create an additional financial impact on the County Budget. The majority of these balances are being carried over from FY 2023. The remaining balances were previously approved by the Board during the FY 2024 County Budget approval process. RECOMMENDATION: County Staff recommends the Board approve the attached Capital Project Funds for FY 2024. MOTION: 24 "I make a Motion to approve the attached Capital Improvements Fund Balances for FY 2024 as presented." 25 BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-23 BALANCE COMPUTER - CAPITAL OUTLAY - 094100 310-4-094100-8118 FINANCIAL MGT SYSTEM 9,227.93 9,227.93 310-4-094100-81181 HR SOFTWARE 1,300.00 1,300.00 310-4-094100-81182 WEBSITE DEVELOPMENT 1,000.00 1,000.00 310-4-094100-8121 IT SERVER/NETWORK UPGRADE 192,116.70 192,116.70 TOTAL COMPUTER - CAPITAL OUTLAY - 094100 203,644.63 203,644.63 BUILDING AND GROUNDS - CAPITAL OUTLAY - 094130 310-4-094130-8158 BUILDING & GROUNDS IMPROVEMENTS 972,239.34 972,239.34 TOTAL - BLDG AND GROUNDS - CAPITAL OUTLAY - 094130 972,239.34 972,239.34 FIRE & RESCUE - CAPITAL OUTLAY - 094135 310-4-094135-5605 VOLUNTEER FIRE & RESCUE GRANT 11,588.45 11,588.45 310-4-094135-8102 MEDICAL EQUIPMENT 49,503.81 49,503.81 310-4-094135-81021 SCBA PACKS & ACCESSORIES 18,034.77 18,034.77 310-4-094135-810211 SCBA CYLINDER REPLACEMENT 32,574.53 32,574.53 310-4-094135-810212 PERSONAL PROTECTIVE EQUIPMENT 25,796.38 25,796.38 310-4-094135-810215 FIRE & RESCUE CAPITAL RESERVE 70,231.70 70,231.70 310-4-094135-81022 TRAINING CENTER EQUIPMENT 36,243.40 36,243.40 310-4-094135-8103 COMMUNICATION EQUIPMENT 130,000.00 130,000.00 310-4-094135-81051 FIRE ENGINE - VOLUNTEER 300,000.00 300,000.00 310-4-094135-810511 AMBULANCE - VOLUNTEER 125,000.00 125,000.00 310-4-094135-810512 CAREER STAFF APPARATUS 112,906.55 112,906.55 310-4-094135-8132 SPECIAL OPS CAPITAL EQUIP 25,000.00 25,000.00 310-4-094135-9100 TRANSFER TO OTHER FUNDS - TOTAL - FIRE & RESCUE-CAPITAL OUTLAY-094135 936,879.59 936,879.59 COMMUNITY & IND DEV - CAPITAL OUTLAY - 094150 310-4-094150-8186 COURTHOUSE FACILITY/JAIL STUDY 155,001.30 155,001.30 310-4-094150-81861 NEW JAIL CONSTRUCTION (6,000.00) (6,000.00) 310-4-094150-81862 COMMUNITY BASED CORRECTION PLAN STUDY 152,000.00 152,000.00 310-4-094150-819190 GRETNA LIBRARY RENOVATIONS 300,496.30 300,496.30 310-4-094150-82163 BROADBAND INFRASTRUCTURE 6,501,620.80 6,501,620.80 310-4-094150-9100 TRANSFERS TO OTHER FUNDS - - TOTAL - COMMUNITY & IND DEV - CAPITAL OUTLAY - 094150 7,103,118.40 7,103,118.40 PARKS & RECREATION - CAPITAL OUTLAY - 094175 310-4-094175-8102 RECREATION EQUIPMENT - - 310-4-094175-819188 SCHOOL PARKS IMPROVEMENTS 45,000.00 45,000.00 310-4-094175-819189 WAYSIDE PARK IMPROVEMENTS 316,276.15 316,276.15 TOTAL PARKS & RECREATION - CAP. OUTLAY - 094175 361,276.15 361,276.15 GRAND TOTAL - FUND 310 9,577,158.11 9,577,158.11 To Be Funded by the General Fund 616,000.00 To Be Funded by Carryover Funds 8,961,158.11 TOTAL-ALL FUNDING SOURCES 9,577,158.11 9,577,158.11 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 310 BALANCES AS OF 7-1-23 26 BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-23 BALANCE WATER-CAPITAL OUTLAY - 094165 501-4-094165-8204 HORSESHOE ROAD WATER EXTENSION 451,169.46 451,169.46 501-4-094165-8205 ROBIN COURT WATER SYSTEM IMPROVEMENTS - 501-4-094165-8207 WATER METER READING ENDPOINTS 9,936.00 9,936.00 501-4-094165-8208 GRIT ROAD WATER SUPPLY 12,526.25 12,526.25 501-4-094165-8209 MT HERMON WATER BOOSTER IMPROVEMENTS 314,704.00 314,704.00 501-4-094165-8210 CRITICAL DEFICIENCES IMPROVEMENTS 131,376.25 131,376.25 501-4-094165-8216 WOODROAM WATERWORKS SYSTEM 78,934.75 78,934.75 501-4-094165-8217 VISTA POINTE WATER TANK 40,000.00 40,000.00 501-4-094165-8300 WATER-CAPITAL RESERVE 518,225.00 518,225.00 TOTAL - WATER - CAPITAL OUTLAY 094165 1,556,871.71 1,556,871.71 SEWER-CAPITAL OUTLAY - 094166 501-4-094166-8202 PUMP STATION GENERATOR - - 501-4-094166-8206 HURT SANITARY SEWER PUMP STATION - 501-4-094166-8210 CRITICAL DEFICIENCIES IMPROVEMENTS 393,128.75 393,128.75 501-4-094166-8211 HODNETT'S MILL SEWER LIFT STATION IMRPOVEMENTS 394,535.00 394,535.00 501-4-094166-8212 RAGSDALE SEWER LIFT STATION IMPROVEMENTS 299,387.00 299,387.00 501-4-094166-8213 VISTA POINTE SEWER LIFT STATION IMPROVEMENTS 370,911.00 370,911.00 501-4-094166-8214 BLAIRS SEWER LIFT STATION IMPROVEMENTS 396,472.00 396,472.00 501-4-094166-8215 BROCKWAY SEWER MAIN INSTALLATION & LIFT STATION DECOMMISIONING 699,486.00 699,486.00 501-4-094166-8300 SEWER-CAPITAL RESERVE 279,044.00 279,044.00 TOTAL - SEWER - CAPITAL OUTLAY 094166 2,832,963.75 2,832,963.75 GRAND TOTAL 4,389,835.46 4,389,835.46 TO BE FUNDED BY CARRYOVER FUNDS 557,277.55 557,277.55 TO BE FUNDED BY CARRYOVER PO FUNDS 517,633.56 517,633.56 TO BE FUNDED BY EDA GRANT 2,400,000.00 2,400,000.00 TO BE FUNDED BY VDH GRANT 77,655.35 77,655.35 NEW MONEY 837,269.00 837,269.00 TOTAL-ALL FUNDING SOURCES 4,389,835.46 4,389,835.46 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 501 BALANCES AS OF 7-1-23 27 BEGINNING ACCOUNT ACCOUNT BALANCE AVAILABLE NUMBER DESCRIPTION AS OF 7-01-23 BALANCE SOLID WASTE - CAPITAL OUTLAY - 094110 520-4-094110-8123 ROLL-OFF/FRONT LOADER TRUCK 403,651.80 403,651.80 520-4-094110-8125 LANDFILL EQUIPMENT/TRUCKS - - 520-4-094110-81301 NEW COMPACTOR SITE 272,453.77 272,453.77 520-4-094110-8133 COMPACTOR SITE IMPROVEMENT 139,978.98 139,978.98 520-4-094110-8137 GAS WELL INSTALLATION 43,448.00 43,448.00 520-4-094110-8142 RESERVE-LANDFILL CAPITAL 790,461.38 790,461.38 TOTAL - SOLID WASTE - CAPITAL OUTLAY - 094110 1,649,993.93 1,649,993.93 LANDFILL - CAPITAL OUTLAY - 094120 520-4-094120-8102 CAPITAL OUTLAY-EQUIPMENT 54,888.00 54,888.00 520-4-094120-8139 LANDFILL CLOSURE 670,935.04 670,935.04 520-4-094120-8141 OFFICE/BREAKROOM RENOVATIONS 125,000.00 125,000.00 520-4-094120-8142 RESERVE-LANDFILL CAPITAL 94,051.15 94,051.15 520-4-094120-8146 ENGINEERING 388,905.13 388,905.13 520-4-094120-81461 GROUND WATER MONITORING WELLS 50,524.66 50,524.66 520-4-094120-81463 SCALE UPGRADE - - 520-4-094120-81465 LEACHATE COLLECTIONS REPAIR 80,112.00 80,112.00 TOTAL - LANDFILL- CAPITAL OUTLAY - 094120 1,464,415.98 1,464,415.98 LANDFILL - CAPITAL OUTLAY - 094151 520-4-094151-3150 CLOSING COSTS/LEGAL - 520-4-094151-8102 CAPITAL OUTLAY-EQUIPMENT - - 520-4-094151-81301 NEW COMPACTOR SITE - - 520-4-094151-8133 COMPACTOR SITE IMPROVEMENT 922,594.89 922,594.89 520-4-094151-8212 LANDFILL CONSTRUCTION 70,487.18 70,487.18 TOTAL - LANDFILL- CAPITAL OUTLAY - 094120 993,082.07 993,082.07 GRAND TOTAL 4,107,491.98 4,107,491.98 TO BE FUNDED BY SOLID WASTE HOUSEHOLD FEE 544,165.00 544,165.00 TO BE FUNDED BY CARRYOVER FUNDS 3,563,326.98 3,563,326.98 TOTAL-ALL FUNDING SOURCES 4,107,491.98 4,107,491.98 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CAPITAL IMPROVEMENTS FUND FUND 520 BALANCES AS OF 7-1-23 28 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: Landfill Cell C2 Design, Bidding and Construction Administration Services Agreement Execution Approval Staff Contact(s): Chris Adcock Agenda Date: September 19, 2023 Item Number: 7.g. Attachment(s): None Reviewed By: SUMMARY: To better make the County Landfill a self-supporting enterprise, the County has entered into several contracts for outside waste disposal. To accommodate this increased waste volume, a Part B Application has been submitted for the development of Phase 3 of the Landfill, which will provide an additional 20+ acres of disposal area (the County is currently working in Phase 2). Due to the long Virginia Department of Environmental Quality review timeframe, approval of the Part B Application for Phase 3 is not anticipated until early 2025, and it is possible that the current constructed Landfill area will be filled before that time. To provide additional disposal volume, Labella, the County's current contract solid waste engineer, will provide professional engineering services for the construction of Cell C2, including the preparation of construction plans and bidding documents, bid phase support services, and construction administration/construction quality assurance services. It is anticipated that Cell C will be constructed in early 2024, to be available for waste placement in late 2024. For the Board's review and consideration, attached is a related Agreement with LaBella memorializing the above information. FINANCIAL IMPACT AND FUNDING SOURCE: No new, unbudgeted funds required. The total cost of the anticipated services is $182,000. The Landfill Fund currently has a total of $388,905.13 budgeted in Engineering in the Solid Waste Capital Fund. These funds will be moved and tracked in a new line item called Landfill Cell C2 Construction (520-4-094120- 8212). RECOMMENDATION: 29 County Staff recommends the Board authorize the County Administrator to execute the attached Agreement with LaBella. MOTION: "I make a Motion authorizing the County Administrator to execute the attached Agreement with LaBella." 30 August 25, 2023 Mr. Chris Adcock Director of Public Works Pittsylvania County 1 Center St., P.O. Box 426 Chatham, VA 24531 Re: Proposal for Professional Consulting Services Pittsylvania County, Virginia Addendum No. 2295-01 P2304497 Dear Mr. Adcock: LaBella Associates, D.P.C., P.C. (LaBella) appreciates the opportunity to offer professional consulting services for Pittsylvania County. LaBella is submitting this proposal for your review and consideration, which includes a description of the consulting services to be performed (Scope of Services), fee schedule, and service guarantees. Background Pittsylvania County owns and operates the Pittsylvania County Landfill under Solid Waste Permit No. 571. The facility is located near the community of Dry Fork, Virginia, and encompasses approximately 450 acres, of which 80 acres are currently permitted for waste disposal by the Virginia Department of Environmental Quality (DEQ). Phase 2 is a 26.8-acre area comprised of Cells A, B, and C. Cell A began receiving waste in 2003 and Cell B was approved to receive waste in 2013. Cell C1 was constructed in late 2021, and approved to receive waste in 2022. All Cells in Phase 2 are lined in accordance with the requirements of RCRA Subtitle D. Currently, waste placement is occurring in both Cells B and C1 simultaneously. Pittsylvania County has significantly increased the incoming waste volume to the landfill. Accordingly, LaBella submitted a Part B application for Phase 3 of the landfill to DEQ, which will provide an additional 23.6 acres of landfill area. Due to the long DEQ review timeframe, approval of the Part B application is not anticipated until early 2025, and it is possible that the currently constructed landfill will be filled before that time. In order to provide additional disposal volume, Labella will prepare engineering documents for Cell C2, which will construct an additional section of permitted Cell C, up to the proposed connection point with future Phase 3. Pittsylvania County has requested LaBella to provide professional engineering services for the construction of Cell C2, including the preparation of construction plans and bidding documents, bid phase support services, and construction administration/construction quality assurance (CA/CQA) services. It is anticipated that Cell C will be constructed in late 2023, in order to be available for waste placement in 2024. 31 August 25, 2023 P a g e | 2 Task 01 – Cell C2 Construction Plans and Bid Phase Services Scope of Services LaBella will prepare engineering documents for use in soliciting competitive bids for the construction of Cell C2, which will include: drawings, technical specifications, a construction quality assurance plan, bidding requirements, and construction contract documents. Following issuance by the County of the bid documents, LaBella will provide bid phase assistance through award of the construction contract. Activities under this task include: • Prepare bid invitation, instructions to bidders, and additional forms and information related to bid solicitation; • Prepare contract documents to define the agreement between owner and contractor; • Prepare and distribute the construction bid documents and construction quality assurance plan for use by potential bidders in preparing their bids; • Prepare for, attend, and assist with conducting the pre-bid meeting; • Provide clarifications and interpretations of the Contract Documents (including addenda); • Review and evaluate bids, and provide a recommendation for selection; • Prepare Notice of Award; • Submit necessary documents for a Land Disturbance permit; • Perform associated project management and budget tracking; and, • Provide correspondence and communications with regulators regarding the project. Deliverables • Construction and Contract documents as described by the scope of Services. • Land Disturbance (erosion and sediment control) submission to Pittsylvania County. • Bid Review and Recommendation. • Notice of Award. Schedule The construction bid documents will be completed and ready for advertisement within 45 calendar days from complete execution of this addendum. A recommendation for bid award will be provided to the County within 7 calendar days of receipt of all bid information. Limitations • It is understood the County does not have prepared procurement documents, and it is assumed that construction documents will be prepared using Engineers Joint Contract Documents Committee (EJCDC) standard bidding and contract documents; • No survey services are included; the most recent topographic study, dated February 2023, will be used to prepare the construction bid documents; • It is assumed that the current facility Erosion and Sediment Control Plan will be sufficient for the Cell C2 project, and that the submission to the County for Land Disturbance Permit approval will require no more than two plan sheets, and a completed checklist; • Construction bid documents will be prepared using the Phase 2 permit application drawings and technical specifications; • Pittsylvania County will pay all advertisement and related costs for letting and soliciting the bid; 32 August 25, 2023 P a g e | 3 • The bid opening will be conducted by Pittsylvania County personnel without the presence of LaBella personnel, and complete copies of all bids will be forwarded to LaBella for review; • The contract award will be the responsibility of Pittsylvania County; • The estimated budget for this task assumes that there will be participation from a sufficient number of qualified bidders. If the work must be re-bid, additional costs may be incurred; and, • Client-generated activities beyond the above scope may be subject to additional charges invoiced at hourly rates plus expenses or negotiated fees, and may affect the task schedule accordingly. Compensation Fixed Fee $42,000 (To be invoiced on a percent complete basis) 33 August 25, 2023 P a g e | 4 Task 02 – Construction Administration and Quality Assurance Scope of Services The scope of this task is to provide Pittsylvania County with construction contract administration and construction quality assurance services necessary for the construction of Cell C2. 1. Construction Administration LaBella will provide Pittsylvania County with Construction Administration services for the Cell C2 construction, which includes the following activities: • Review and process materials submittals and shop drawings; • Coordinate and serve as technical lead of the pre-construction meeting; • Coordinate and attend construction progress meetings • Attend site visits to observe work progress, assumed to be concurrent with progress meetings; • Interpret and clarify construction documents; • Review contractor applications for release of payment; • Conduct a substantial completion inspection with Pittsylvania County and prepare a list of items necessary for final completion; • Review record drawings submissions from the Contractor; and, • Finalize contract (including substantial and final completion reviews). 2. Construction Quality Assurance LaBella will provide a Construction Quality Assurance (CQA) Manager for matters pertaining to the CQA certification of Cell C2 construction. In addition, LaBella will provide a CQA Construction Representative at the site on a full-time basis, throughout the preparation of the 12-inch controlled subgrade, geosynthetics installation, and placement of the 18-inch drainage layer. The responsibilities of the full-time CQA Construction Representative will include the following: • Provide a CQA Plan as defined by the technical specifications; • Monitor quality assurance activities such that the project is constructed in accordance with the Contract Documents. • Review the Contractor’s construction schedule on a weekly basis and communicate to the Contractor when progress deviates from the schedule; • Attend construction progress meetings, which include the pre-construction meeting and scheduled meetings with Owner and Contractor representatives; • Consider and evaluate Contractor’s suggestions for modifications to the Contract Documents and submit them to the CQA Manager and Project Engineer for approval or rejection; • Coordinate issuance of certificates of completion for the various components of the project; and • Maintain a photographic log of the work in progress. • Provide soil and geosynthetic material testing in accordance with project specifications for quality assurance. • Prepare a CQA Certification Report upon completion of construction, which will be submitted to the DEQ for acceptance. 34 August 25, 2023 P a g e | 5 3. Construction Quality Assurance Certification Report This task includes providing Pittsylvania County with a CQA Certification Report describing the scope of work and completed field activities for construction of Cell C2. The CQA report will specifically state that the project was completed in substantial compliance with the Permit, Construction Documents, and the CQA Plan. The report will include approved changes to the Construction Documents. The CQA Manager, a Registered Professional Engineer licensed in the State of Virginia, will certify the CQA report and submit it to DEQ for review and acceptance. The CQA Certification Report will contain the following deliverables. as applicable: • Narrative of the project and CQA Plan; • Geotechnical laboratory and field testing results; • Daily field reports, progress meeting minutes, and correspondence; • Construction photographs; • Geosynthetic materials manufacturer quality control (MQC) documentation; • Geosynthetic installer’s certification of acceptance of subgrade surface; • Geomembrane panel placement log; • Geomembrane trial weld log; • Geomembrane production weld seam log; • Geomembrane seam nondestructive test log; • Geomembrane destructive seam test log and laboratory test results; • Geomembrane seam and panel repair location log; and, • Record drawings. Deliverables • Documents as specified for Construction Administration • CQA Certification report, to be submitted to DEQ on behalf of Pittsylvania County Schedule The CQA certification letter and record documentation report will be completed and ready for submittal to the Virginia Department of Environmental Quality (DEQ) within 30 calendar days of acceptance of all required information from the Contractor, including but not limited to, liner installer’s information, record drawings and surveys, and material warranties. Limitations The scope of work and estimated budget are based on the following: • For the project duration of 180 days, it is estimated that CQA field services will be required for 60 calendar days; • Field services may be affected by factors such as weather and the Contractor’s progress, which are beyond the control of LaBella. Additional fees for time and expenses based on our rate schedule will be applied for each day that an on-site presence is required beyond the estimated 60 calendar days; • It is assumed that LaBella will be present on-site during active construction at one (1) pre- construction meeting, six (6) regular progress meetings, one (1) substantial completion inspection meeting, and one (1) final inspection meeting, for a total of nine (9) on-site meetings; 35 August 25, 2023 P a g e | 6 • The estimated budget includes the cost of independent laboratory conformance testing of soil samples obtained in the field, and geosynthetic samples from the manufacturing plant; • Survey services are not included, it is assumed that all survey requirements will be the sole responsibility of the Contractor; • Should contractor dispute resolution assistance be necessary, these services will be in addition to the scope and estimated fee, and will be invoiced on a time and expense basis separately. • Client-generated activities beyond the above scope may be subject to additional charges invoiced at hourly rates plus expenses or negotiated fees, and may affect the project schedule accordingly. Compensation Estimated Budget $140,000 (To be invoiced on a time and expense basis) 36 August 25, 2023 P a g e | 7 Summary Table and Fees for Pittsylvania County Cell C2 Construction This proposal when executed below will serve as an Addendum to Professional Services Agreement (PSA) No. 2295R between LaBella Associates, D.P.C., P.C. and Pittsylvania County, Virginia. The proposed scope of services will be conducted under the Terms and Conditions of the previously executed PSA and this Addendum. If this Addendum is acceptable, please sign and date below, and return all documents via electronic mail or regular postal service. Upon receipt, we will endorse all documents and return an executed Addendum for your files. We sincerely thank you for this opportunity and we look forward to continuing our relationship with Pittsylvania County. If you require additional information or have any questions, please contact me at (804) 355-4520. Respectfully submitted, LABELLA ASSOCIATES, D.P.C., P.C. Jonathan B. Meyers, P.E., BCEE Senior Technical Engineer LaBella Associates, D.P.C., P.C. Pittsylvania County By: By: Title Title Date: Date Attachment A – Service Guarantees Task No. Description Amount 01 CellC2 Construction Plans and Bid Phase Services Fixed Fee $ 42,000 02 Construction Administration and Quality Assurance Estimated Budget $140,000 TOTAL $ 182,000 37 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: Mount Hermon Solid Waste Convenience Center Expansion Contract Award Approval Staff Contact(s): Chris Adcock Agenda Date: September 19, 2023 Item Number: 7.h. Attachment(s): 1. Letter - Bid Comparison for Mt Herman Collection Ctr Construction_9-8-2023 Reviewed By: SUMMARY: On September 6, 2023, the County received bids for the expansion of the Mount Hermon Solid Waste Convenience Center ("Project"). The four (4) bids presented were as follows: • White's Construction Co., Inc. $441,174.45; • Quality Construction of Danville, Inc. $424,649.00; • Price Buildings, Inc. $472,000.00; and • Concrete Foundations, Inc. $548,980.00. Quality Construction of Danville, Inc. ("Quality"), appears to be the lowest responsible bidder at a price of $424,649.00. As evidenced by the attached letter, the bids were reviewed for accuracy by the County's solid waste consulting engineer, SCS Engineers. FINANCIAL IMPACT AND FUNDING SOURCE: Currently, there is a total of $922,594.89 of unspent bond funds remaining to cover convenience center site improvements for sites. Therefore, no additional funds will be needed from the Solid Waste Fund to cover this Project. RECOMMENDATION: 38 County Public Works Staff, in agreement with a recommendation by SCS, recommends the Board award a contract for the Project to Quality in the amount of $424,649.00. MOTION: "I make a Motion awarding the Project to Quality in the amount of $424,649.00, and authorize the County Administrator to execute all necessary related Project documents." 39 15521 Midlothian Turnpike, Suite 305, Midlothian, VA 23113 | 804-378-7440 Environmental Consulting & Contracting September 8, 2023 File No. 02218209.05 Ms. Connie Gibson Purchasing Manager Pittsylvania County 1 Center Street Chatham, VA 24531 Subject: Pittsylvania County Mount Herman Center Expansion Bid Review and Recommendation Dear Ms. Gibson: Bids were opened on Wednesday, September 6, 2023, for the Mount Herman Collection Center Construction project for Pittsylvania County, VA. The project was designed by SCS Engineers (SCS). The Project generally consists of the construction and site work for the development of a regional citizens’ convenience center/collection site for the collection of solid waste and recyclables. Table 1 presents the four submitted bids, in order of receipt. Table 1 Bid Information Bidder Base Bid Amount Whites Construction Co., Inc. 6141 South Boston Hwy., Sutherlin, VA 24594 VA# 2701019127 Expiration date: 03/31/2025 $441,174.45 Quality Construction of Danville, Inc. 1325 Goodyear Blvd. VA# 2701016862 Expiration date: 8/31/2025 $424,649.00 ($464,649.00)* Price Buildings, Inc. 1111 Callaway Rd, Rocky Mount, VA 24151 VA# 2701033883 Expiration date: 03/31/2025 $472,000 Concrete Foundations, Inc. 9072 Rockford School Rd, Gretna, VA 24557 VA# 2705057101 Expiration date: 6/30/2024 $548,980.00 ($540,520.00)* *See explanation of price discrepancies below 40 Ms. Connie Gibson September 8, 2023 Page 2 SCS Engineers reviewed the contents of each bid for conformity with the submittal requirements and found documentation to be in order. Our review included: Review of Bid Form; Review of Subcontractor list; Review of previous performance by contractor on similar projects; and, Review of information on Virginia DPOR website Concrete Foundations, Inc. appears to have miscalculated the total Base Bid. SCS calculated the sum of individual line-item prices to be $548,980 rather than the $540,520 shown on the submitted Bid Documents. Also, Quality Construction of Danville, Inc. showed a Base Bid price on the Bid Form of $424,649 that was verified by SCS, but the Base Bid price listed as Base Bid Proposal was $464,946.00. SCS assumes that the $464,946.00 was a clerical error as shown on Page 6 of Section 00 41 13 of the Bid Documents, and recommends that Pittsylvania County contact Quality Construction to resubmit a corrected Page 6. All bids were deemed responsive, and as such our review did not indicate a reason to disqualify Quality Construction of Danville, Inc., as it was deemed responsive. The firm has completed multiple site development and other heavy construction projects and is qualified to perform the work. I recommend that Pittsylvania County award a contract for the following: Mount Herman Collection Center Expansion to Quality Construction of Danville, Inc., for the bid of $424,649.00. If approved, we will provide the County with the completed Notice of Award for signature. Sincerely, Quinn Bernier, PE Alexander Hajek Project Professional Staff Professional SCS Engineers SCS Engineers AVH/QFB cc: Chris Adcock, Public Works Director Encl. 41 BID TABULATION COMPARISON MT. HERMAN COLLECTION CENTER EXPANSION PITTSYLVANIA COUNTY, VA 02218209.05 Friday, September 8, 2023 Item Description Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Bid Form #CONSTRUCTION ITEMS 1 Mob/Demobilization 1 L.S.23,750.00$ 23,750.00$ 64,299.00$ 64,299.00$ 68,000.00$ 68,000.00$ 5,000.00$ 5,000.00$ 2 Construction Stakeout/Record Survey 1 L.S.5,175.00$ 5,175.00$ 8,778.00$ 8,778.00$ 11,000.00$ 11,000.00$ 8,000.00$ 8,000.00$ 3 Erosion and Sedimentation Controls 1 L.S.5,375.00$ 5,375.00$ 9,876.00$ 9,876.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 4 Clearing and Grubbing 1 L.S.5,000.00$ 5,000.00$ 16,543.00$ 16,543.00$ 10,000.00$ 10,000.00$ 8,500.00$ 8,500.00$ 5 Traffic Controls (bollards, pvmt markings, stops, and signage)1 L.S.9,325.00$ 9,325.00$ 2,967.00$ 2,967.00$ 5,000.00$ 5,000.00$ 13,000.00$ 13,000.00$ 6 Meter Base, Main Disconnect, Breaker Panel, Phase Converter 1 L.S.10,148.75$ 10,148.75$ 12,905.00$ 12,905.00$ 19,000.00$ 19,000.00$ 70,000.00$ 70,000.00$ 7 Landscaping 1 L.S.977.50$ 977.50$ 1,333.00$ 1,333.00$ 3,000.00$ 3,000.00$ 15,000.00$ 15,000.00$ 8 Excavation (with 1/2 cy excav.)160 B. C. Y.28.50$ 4,560.00$ 29.00$ 4,640.00$ 93.75$ 15,000.00$ 20.00$ 3,200.00$ 9 Placement (on-site soil)451 L. C. Y.86.09$ 38,826.59$ 27.00$ 12,177.00$ 46.56$ 20,998.56$ 20.00$ 9,020.00$ 10 Concrete Pads/Foundations for Containers x2 60 S. Y. 264.64$ 15,878.40$ 290.00$ 17,400.00$ 166.67$ 10,000.20$ 400.00$ 24,000.00$ 11 Concrete Pads/Foundations for Compactors x1 96 S. Y. 593.02$ 56,929.92$ 360.00$ 34,560.00$ 270.83$ 25,999.68$ 500.00$ 48,000.00$ 12 Asphalt Paving with Aggregate Base and Geotextile 1,675 S.Y.82.25$ 137,768.75$ 77.00$ 128,975.00$ 72.24$ 121,002.00$ 80.00$ 134,000.00$ 13 Additional Aggregate Base (6" depth, #21A stone)86 S.Y.76.79$ 6,603.94$ 68.00$ 5,848.00$ 46.51$ 3,999.86$ 100.00$ 8,600.00$ 14 8-foot Chain-link Slatted Privacy Fence 374 L.F.98.90$ 36,988.60$ 57.00$ 21,318.00$ 93.58$ 34,998.92$ 90.00$ 33,660.00$ 15 16-foot Security Swing Gate with Lock 2 Ea.3,450.00$ 6,900.00$ 7,525.00$ 15,050.00$ 4,000.00$ 8,000.00$ 2,500.00$ 5,000.00$ 16 Buried Transmission Line w/Schedule 40 PVC Conduit 1150 L.F.12.08$ 13,892.00$ 17.00$ 19,550.00$ 33.04$ 37,996.00$ 50.00$ 57,500.00$ 17 Pole-mounted LED Area Lights 9 Each 5,175.00$ 46,575.00$ 3,500.00$ 31,500.00$ 5,444.44$ 48,999.96$ 8,000.00$ 72,000.00$ 19 Relocate Attendant Building 1 L.S.10,000.00$ 10,000.00$ 7,980.00$ 7,980.00$ 7,000.00$ 7,000.00$ 8,000.00$ 8,000.00$ 18 Waste Compactor Installation 1 L.S.2,500.00$ 2,500.00$ 6,587.00$ 6,587.00$ 4,000.00$ 4,000.00$ 4,500.00$ 4,500.00$ 20 Permanent Seeding/Site Restoration 0.2 Ac.20,000.00$ 4,000.00$ 11,815.00$ 2,363.00$ 20,000.00$ 4,000.00$ 40,000.00$ 8,000.00$ 441,174.45$ 424,649.00$ 471,995.18$ 548,980.00$ 21 Bid Alternate: Replace Attendant Building 1 L.S.15,000.00$ 15,000.00$ 14,400.00$ 7,500.00$ 30,000.00$ 456,174.45$ 439,049.00$ 479,495.18$ 578,980.00$ Base Bid amount listed on submitted documents, if different than Total Base Bid Price calculated here:464,649.00$ 540,520.00$ 1.Quality Construction Base Bid price shown on Bid Form was $424,174.45 and was verified by SCS, but Base Bid Price listed as Base Bid Proposal was $464,946.00. 2.Concrete Foundations appears to have miscalculated the total Base Bid. The sum of individual line item prices was $548,980 rather than $540,520 as calculated by SCS. Quality Construction of Danville, Inc Price Buildings, Inc.Concrete Foundations, Inc. TOTAL BASE BID PRICE TOTAL BASE BID + ALTERNATES White's Construction Company, Inc. 42 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Rail Trail Bridge Construction Bids Cancellation Approval Staff Contact(s): Connie Gibson Agenda Date: September 19, 2023 Item Number: 7.i. Attachment(s): None Reviewed By: SUMMARY: In December of 2022, County Staff posted an Invitation for Bids ("IFB"; IFB 2022- 12-01) for qualified contractors to reconstruct/repair the bridge portion of the Ringgold Rail Trail as a result of damage from Tropical Storm Michael in 2018. The lowest bid received was considerably more than the approved project funding from FEMA. County Staff then submitted a Project Budget Amendment request to FEMA; however, FEMA requires historical documentation and recordation of the bridge's piers before the Amendment Request is considered for approval. Therefore, County Staff is requesting the cancellation of IFB 2022-12-01, Ringgold Rail Trail Pedestrian Bridge, due to the amount of time lapsed since the bids were received and the funds for the Project will be approved. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board cancel IFB 2022-12-01, Ringgold Rail Trail Pedestrian Bridge, due to the amount of time lapsed since the bids were received and the funds for the project will be approved. MOTION: "I make a Motion to canceling IFB 2022-12-01, Ringgold Rail Trail Pedestrian Bridge, due to the amount of time lapsed since the bids were received and the funds for the project will be approved." 43 7.j. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: 2023 VATI Agreement Amendment Execution Approval Staff Contact(s): Dave Arnold Agenda Date: September 19, 2023 Item Number: 7.j. Attachment(s): 1. Second Amendment to Pittsylvania County FTTH Contract Reviewed By: SUMMARY: On May 11, 2023, Virginia Governor Youngkin announced the 2023 Virginia Telecommunications Initiative ("VATI") Grant recipients, which included $3,548,250 to the County to serve 2,102 currently unserved locations. For the Board's review and consideration, attached is an Amendment that incorporates the 2023 VATI Grant into the original 2022 VATI Agreement and First Amendment previously executed by RiverStreet Networks, West Piedmont Planning District Commission, and the County. The 2023 VATI Project does not require an additional financial commitment from the County, and construction of the expanded fiber to the home network to reach the passings identified in the 2023 VATI Application will be concurrent with the 2022 VATI Project already under construction. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the 2023 VATI Agreement Amendment as attached. MOTION: "I make a Motion approving the 2023 VATI Agreement Amendment as attached." 44 Second Amendment to Agreement Regarding Installation of Fiber Optic Network and Provision of Internet Access Service This Second Amendment is entered into by and between RiverStreet Communications of Virginia, Inc. d/b/a RiverStreet Networks, with offices located at 1400 River Street, Wilkesboro, North Carolina 28697 (“RiverStreet”); West Piedmont Planning District Commission (“WPPDC”), with an address of P.O. Box 5268, Martinsville, Virginia, 24115; and Pittsylvania County, Virginia, with offices located at 1 Center Street, Chatham, Virginia, 24531 (“County”), as of ____________, 2023 (“Effective Date”). WHEREAS, RiverStreet, County and WPPDC entered into an Agreement Regarding Installation of Fiber Optic Network and Provision of Internet Access Service (“Agreement”) concerning installation of a FTTH Network in two discrete areas of the County in 2022 (the “Original FTTH Network”); WHEREAS, RiverStreet secured an award of $7,672,069 through the Federal Communications Commission’s Rural Digital Opportunity fund (“RDOF Funding”) to provide a portion of the funding necessary to build and operate the Original FTTH Network, which funding will be provided to RiverStreet by the Universal Service Administration Company over a period of ten (10) years; WHEREAS, RiverStreet, the County and the WPPDC entered into a First Amendment to the Agreement on September 12, 2022 (the “First Amendment”); WHEREAS, on May 11, 2023, WPPDC was awarded a grant by the Virginia Department of Housing and Community Development ("DHCD") through the Virginia Telecommunications Initiative (“VATI”) program of $3,548,250 (the “2023 County VATI Grant”) to be used pursuant to the Agreement, as amended, to provide a portion of the funding necessary to expand the Original FTTH Network by building and operating fiber optic facilities to serve 2,102 additional locations in the County (“the Expanded FTTH Network”); WHEREAS, the Expanded FTTH Network will be owned by RiverStreet and Internet Revenues generated through the Expanded FTTH Network will be shared with the County for a period of time as provided for in this Second Amendment; and WHEREAS, the parties now desire to amend the Agreement as provided for herein. NOW, THEREFORE, in consideration of the foregoing, the mutual promises set forth herein, and other good and valuable consideration passing between the parties, the receipt and sufficiency of which is hereby acknowledged, the RiverStreet and the County agree as follows: 1. Section 1 of the Agreement is revised to read, in its entirety, as follows: 1. Scope of Work. In accordance with the terms of this Agreement, RiverStreet will serve as prime contractor and will perform, supervise, and/or manage expansion of the Original FTTH Network and construction and installation of the Expanded FTTH Network to consist of up to 1,203.33 miles of fiber optic cable in the County, plus all necessary terminations, cabinets, electronics, and miscellaneous hardware and software as required 45 to light a FTTH network and offer internet access service at symmetrical minimum speeds of 100 Mbps (collectively “the FTTH Network Facilities”). Upon completion of the Expanded FTTH Network, RiverStreet will offer internet access service to locations passed by the Expanded FTTH Network. RiverStreet will own and maintain as necessary all FTTH Network Facilities comprising the Expanded FTTH Network. 2. Sections 2.1, 2.2 and 2.4 of the Agreement are amended to add the following: 2. Project Funding. 2.1 The cost of expanding the Original FTTH Network as provided for herein is at least $5,405,000. The total cost of the FTTH Project as its scope is expanded by this Amendment is expected to be at least $81,101,532. 2.2 As provided for in the Agreement, to supplement the RDOF Funding, VATI Grant funding and the 2023 County VATI Grant, the County agrees to provide at least $16,528,939 in additional funding for the Project (“County Contribution”), on the conditions and timeline specified in the VATI Grant Application submitted jointly with WPPDC, and the construction schedule described in the contract negotiation record submitted to DCHD as part of the formal VATI contract negotiations. 2.4 Once construction of the Expanded FTTH Network has reached the point that RiverStreet determines it is economically feasible to do so, RiverStreet will begin installations as subscribers elect to receive internet access service through the Expanded FTTH Network. RiverStreet will pay all costs of labor and materials for connecting County residents subscribing to internet access service through the Expanded FTTH Network, when the subscriber’s premises is located within 2,000 feet of State maintained right-of- way where Expanded FTTH Network facilities are located (“the Connection Cost”). The estimated Connection Cost for the entire Project is $14,087,000.. 3. Section 3 of the Agreement is revised to read, in its entirety, as follows: 3. Project and Funding Timelines. The Project shall be completed within three years from the date RiverStreet commences construction of the Expanded FTTH Network, which date shall be documented by Notice given to WPPDC and the County by RiverStreet. At completion, the Expanded FTTH Network facilities will pass at least 14,087 locations in the County, all of which are locations in the County that are the subject of the RDOF Funding, the VATI Grant and/or the 2023 County VATI Grant. 4. Sections 4.1, 4.2 and 4.3 of the Agreement is revised to read, in their entirety, as follows: 4. Operations and Revenue Sharing. 4.1 RiverStreet will own all equipment and facilities comprising the Expanded FTTH Network. 46 4.2 RiverStreet will operate the Expanded FTTH Network. RiverStreet’s rates for internet access services offered in the County will be no higher than the rates charged by Wilkes Telephone Membership Corporation for comparable levels of service provided to its members. 4.3 Once construction of the Expanded FTTH Network has progressed to the point that RiverStreet determines it is economically feasible to begin offering internet service to County residents, all monthly service charges paid by residents and businesses located in the County for internet access services on the Expanded FTTH Network, not including taxes, fees, surcharges, and add on / over-the-top services such as Telephone, TV, Security monitoring or any other ancillary services collected from residential and non-residential customers (hereinafter “Internet Revenues”), shall go to RiverStreet. The FTTH Network will serve two separate areas of the County, and any sharing of Internet Revenues will be calculated separately for each such area, with the subject areas delineated as follows: (1) Revenue Sharing Relating to the Northern part of the County/the service territory of Peoples Mutual Telephone Company (“PMTC Service Area”). The area of the County subject to the following revenue sharing provision is referred to as the PMTC Service Area. The PMTC Service Area includes 8,294 locations to potentially be passed, of which at least 6,168 locations will be passed by the Expanded FTTH Network to be constructed during the Project. At such time as the number of County residences and businesses subscribing to internet access services in the PMTC Service Area exceeds a 30% penetration rate (meaning 2,488 subscribers in this area), the Increased PMTC Internet Revenue (as defined below), will be shared between RiverStreet and the County as follows: Number of Subscribers 0 – 2,487 2,488 – 3,731 3,732 – 5,390 5,391 or more County’s Revenue Share 0.00% 10.00% 13.00% 16.50% PMTC currently offers broadband internet access service in some portions of its service area, and the revenues generated by its provision of that service in those areas are not subject to this Agreement or to being shared with the County. The portion of future PMTC Internet Revenues subject to being shared with the County pursuant to this Agreement is the amount of the increase in PMTC’s monthly internet service revenues collected after deployment of the FTTH Network, as compared to PMTC’s monthly average internet service revenues collected for billings during PMTC’s three most recent complete billing months immediately preceding the date the VATI award was announced, which was December 13, 2021 (“Increased PMTC Internet Revenue”). 47 (2) Revenue Sharing Relating to the Southern part of the County (“Non-PMTC Area”). The area of the County subject to the following revenue sharing provision is referred to as the Non-PMTC Area. The Non-PMTC Area consists of 10,331 locations to be passed by the Expanded FTTH Network to be constructed during the Project. At such time as the number of County residences and businesses subscribing to internet access services in the Non-PMTC Area exceeds a 30% penetration rate (meaning 2,475 subscribers in this area), the Internet Revenues generated from the Non-PMTC Area will be shared between RiverStreet and the County as follows: Number of Subscribers 0 – 2,474 2,475 – 3,711 3,712 – 5,361 5,362 to 8,249 County’s Revenue Share 0.00% 10.00% 13.00% 16.50% This revenue sharing arrangement is based on all 8,249 potential service locations passed by the Original FTTH Network in the Non-PMTC Area as defined in the Agreement. For those locations, the revenue share percentage is multiplied against the amount of monthly Internet Revenues collected. The foregoing notwithstanding, revenue from any of the additional 2,082 locations in the Non-PMTC Area to be passed by the Expanded FTTH Network is not subject to the revenue sharing arrangement provided for in the Agreement, and any revenue from those 2,082 locations will not be shared with the County. 5. All capitalized terms used in this Amendment that are not otherwise defined herein shall have the meanings assigned to such terms in the Agreement. 6. Except as specifically and explicitly amended herein, the terms of the Agreement remain unchanged and in all other respects remain in full force and effect. Signatures on following page 48 IN WITNESS WHEREOF, the parties acknowledge and accept the terms, conditions and obligations of the Agreement as amended herein, as evidenced by the following signatures of their duly authorized representatives. It is the intent of the parties that this Second Amendment to the Agreement shall become operative on the Effective Date. Pittsylvania County ____________________________ Name: Darrell W. Dalton Title: Chairman RiverStreet Communications of Virginia, Inc., d/b/a RiverStreet Networks ____________________________ Eric Cramer President West Piedmont Planning District Commission ____________________________ Michael Armbrister Executive Director 49 7.k. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Hay Cutting Contract Lease Agreement Execution Approval Staff Contact(s): Vaden Hunt Agenda Date: September 19, 2023 Item Number: 7.k. Attachment(s): 1. Lease with County - Carden Farm 2023 Reviewed By: SUMMARY: W.G. Investments, Inc. (“WGI”), were in a lease with the prior owners of the recently purchased land by the Board on U.S. Highway 29 in Blairs, Virginia, to harvest the hay on approximately seventeen (17) acres of the parcel. During the negotiations for the sale of the property it was agreed that WGI would harvest the hay through their final cutting in November of 2023. County Staff has reached out to WGI to continue harvesting the hay at no expense to the Board commencing on December 1, 2023, and ending on December 31, 2024, with an automatic renewal for an additional term of two (2) years. For the Board’s review and consideration, the Farm Lease Agreement (“Lease Agreement”) is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve execution of the Lease Agreement as attached and presented. MOTION: “I make a Motion to approve the Lease Agreement as attached and presented.” 50 1 FARM LEASE AGREEMENT I. Parties: This FARM LEASE AGREEMENT (the “Lease”) is entered into this ____day of , 2023, between THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter known as the “Landlord”), with an address of 1 Center Street, P. O. Box 426, Chatham, Virginia 24531; and WG INVESTMENTS, INC., a Virginia corporation (hereinafter known as known as “Tenant”), with an address of 42 Franklin Place, Chatham, Virginia (mailing address: P.O. Box 879, Chatham, Virginia 24531). II. Property Description: Landlord hereby leases to the Tenant, and Tenant hereby accepts and leases from Landlord, to occupy and use for hay production and storage purposes, the following described property: 17 acres of the approximately 32 acres of fenced-in or non-fenced pastureland located at 11965 U S HIGHWAY NO 29, at or about Dry Fork in Pittsylvania County, Virginia. The address commonly associated with the property, or improvements located thereon, is 11965 U S HIGHWAY NO 29, CHATHAM, VIRGINIA (the “Property”). III. Consideration of Lease: As consideration for its use of the Property for hay production and storage purposes, Tenant agrees, at Tenant’s cost and expense, to apply fertilizer to the pastureland of the Property and cut and remove hay from the same, as Tenant deems necessary and appropriate in its reasonable discretion, to maintain the pastureland and its appearance in accordance with local farming and conservation practices customarily associated with hay production. IV. Term of the Lease: The initial term of this lease shall commence on , 2023, and end on December 31, 2024, unless sooner terminated as provided herein (the “Initial Term”). This Lease shall automatically renew for up to two (2) three (3) successive periods of one (1) year each, commencing on January 1st and ending on December 31st (each, a “Renewal Term”), unless written notice of intention not to renew is given by either party to the other at least sixty (60) ninety (90) days prior to expiration of the then-current term. The Initial Term and Renewal Terms, if any, are collectively referred to herein as the “Term”. However, if Landlord gives the required sixty (60) ninety (90) day notice after Tenant has fertilizer applied to the land and the Tenant does not have sufficient time or is not permitted to complete the post-application hay harvest, Landlord shall reimburse Tenant for such verifiable cost not to exceed Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) associated with that particular application. V. Upkeep and Related Duties and Obligations: A. In connection with its use of the Property during the Term, Tenant agrees as follows: (1) to use the pastureland on the Property for hay production and storage purposes only, and not to pasture 51 2 livestock nor use other portions of the Property for any other purpose; (2) to maintain the pastureland in accordance with local farming and conservation practices customarily associated with hay production, in as good condition as when Tenant takes possession, reasonable wear and tear excepted; and (3) to comply with all applicable federal, state and local laws, rules and regulations and ordinances, including applicable environmental laws, in its use of the Property. Tenant shall make no other changes, alterations or other improvements to the Property, not expressly contemplated herein, without the written consent of Landlord. B. Landlord acknowledges and agrees that Tenant shall have no responsibility for the maintenance or upkeep of any of the improvements located upon or portions of the Property which are not pastureland or do not directly involve Tenant’s hay production and storage activities. Additionally, Landlord acknowledges that, exclusive of the activities and costs for which Tenant is responsible hereunder, Landlord is responsible for any other activities and costs associated with the maintenance, upkeep and ownership of the Property, including all real estate taxes, if any. VI. Indemnity and Insurance: A. Tenant agrees to indemnify, defend, and hold harmless Landlord, its employees, agents, and invitees, for any and all suits, claims, losses, damages, expenses, costs, judgments, or other liabilities, arising from or related to: (1) any injury to person or property (including the Property itself) occurring on the Property to the extent caused by an act or omission on the part of Tenant or any employee, agent, or invitee of Tenant; (2) the breach, violation, or nonperformance on the part of Tenant of any covenant in this Lease to be observed or performed; and/or (3) Tenant’s negligence or willful misconduct on or about the Property. B. At all times during the Term, Tenant shall maintain, at its cost and expense, comprehensive commercial general liability insurance covering all Tenant operations and activities on or upon the Property with minimum coverage in the amount of $500,000.00 per occurrence and $1,000,000.00 in the aggregate. Such insurance shall be provided by an insurance carrier licensed to issue such coverage in the Commonwealth of Virginia and shall name Landlord as an additional insured. Tenant acknowledges and agrees that it shall be responsible for providing insurance, should it so desire, covering any of its personal property that may be located on the Property from time to time, and Landlord will not insure the same. C. Landlord acknowledges and agrees that it shall be responsible for insuring, should it so desire, the Property, and any improvements thereon, for fire and other casualty risks, and Tenant will not insure the same. VII. Right of Entry: Both parties, and their respective employees and agents, shall have the right to enter the Property, including the pastures, with the exception of entry into any construction areas, at any time for any legitimate purposes, including, but not limited to : (a) consultation with the Tenant or inspection of its operations at the Property; (b) making of repairs and improvements to, or conducting investigations and studies of the Property, none of which shall materially interfere with the Tenant in carrying out its regular operations upon the Property; and (c) after notice of termination of the Lease is given, performing customary seasonal work. The parties each agree to ensure that due care is exercised to ensure that gates are closed upon entering and leaving the Property and that neither party may authorize anyone to hunt or fish on the Property without the written consent of the other party. 52 3 VIII. Assignment and Subletting. Tenant shall not assign this Lease or sublet the Property without the prior written consent of Landlord. Should Landlord sell or otherwise transfer title to the Property during the Term, such transfer shall be made subject to the terms and provisions of this Lease. IX. Miscellaneous: A. Non-Waiver. No course of dealing between the parties, or any delay on the part of a party in exercising its rights hereunder nor any waiver of a prior default, shall operate as a waiver of any subsequent default or defaults under this Lease or rights or remedies available to a party as provided by applicable law. B. Notices. Any notice required or contemplated to be given to a party by the other party hereunder shall be in writing and given by hand-delivery, first class mail, or a commercial courier service to the addresses set forth above in this Lease. Any party may change the address to which notices hereunder are to be sent by giving written notice of such change in the manner provided herein. A notice hereunder shall be deemed given on the date of hand delivery, three (3) days following deposit with the United States Postal Service property addressed and postage prepaid, or the next business day following delivery to a commercial courier service properly addressed with all charges prepaid, as appropriate. C. Entire Agreement. This Lease contains the entire agreement and understanding of the parties hereto with respect to the transactions contemplated hereby, and this Lease supersedes all prior understandings and agreements of the parties with respect to the subject matter hereof. D. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. If any ambiguity or question of intent or interpretation arises, this Lease shall be construed as if drafted jointly by the parties and no presumptions shall arise favoring or disfavoring any party by virtue of the authorship of this Lease. To the full extent permitted by applicable law, the parties waive their respective right to trial by jury in any litigation or dispute arising from or related to this Lease. E. Binding Effect. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. F. Relationship of the Parties. This Lease does not create a joint venture, partnership or similar relationship between the parties other than that of a landlord and tenant. G. Amendment, Modification and/or Supplement. The parties may amend, modify, and/or supplement this Lease in such manner as may be agreed upon by the parties, provided that such amendments, modifications, and/or supplements are reduced to writing and signed by the parties or their successors in interest. H. Counterparts. This Lease may be executed in one (1) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Lease. Facsimile, scanned and e-mailed, or other forms of electronic signatures to this Lease shall be legally binding as though originals for all purposes. 53 4 I. Severability. The invalidity or unenforceability of any particular provision of this Lease shall not affect the other provisions hereof, and this Lease shall be construed in all respects as if such invalid or unenforceable provisions were omitted. J. Survival. Any termination, cancellation or expiration of this Lease notwithstanding, provisions which are by their terms intended to survive and continue shall so survive and continue. IN WITNESS whereof the parties have set their hands and seals this ___ day of _______, 2023. LANDLORD: THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: Name: Title: Approved as to form: J. Vaden Hunt, County Attorney TENANT: WG INVESTMENTS, INC. By: Lewis E. Wall, Jr., President 54 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: General Presentations (Board of Supervisors); (if any) Staff Contact(s): Kaylyn McCluster Agenda Date: September 19, 2023 Item Number: 8.a. Attachment(s): None Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the September Consent Agenda or at previous Meetings. 55 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-021; Kevin and Frances Reynolds; Rezoning from R-1, Residential Suburban Subdivision, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) Staff Contact(s): Emily Ragsdale Agenda Date: September 19, 2023 Item Number: 10.a.1. Attachment(s): 1. R-23-021 Frances Reynolds App 2. R-23-021 Frances Reynolds Map Reviewed By: SUMMARY: In Case R-23-021, Kevin and Frances Reynolds (“Petitioners”) have petitioned to rezone 2.28 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow a second dwelling to be constructed on the property). The subject property is located on Coveway Lane, in the Callands- Gretna Election District, and shown on the Tax Maps as GPIN # 1563-32- 5941. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 1, 2023, 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-23-021 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District. 56 MOTION: “In Case R-23-021, I make a Motion approving the rezoning of 2.28 acres from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow a second dwelling to be constructed on the property.” 57 58 59 60 61 62 63 64 65 66 10.a.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-022; Larry Dalton; 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 Eanes) Staff Contact(s): Emily Ragsdale Agenda Date: September 19, 2023 Item Number: 10.a.2. Attachment(s): 1. R-23-022 Larry Dalton App 2. R-23-022 Larry Dalton Map 3. R-23-022 Larry Dalton Plat Reviewed By: SUMMARY: In Case R-23-022, Larry Dalton (“Petitioner”) has petitioned to rezone 2.38 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be consolidated with an adjacent parcel zoned A-1). The subject property is located off State Road 713/Oak Grove Road, in the Dan River Election District, and shown on the Tax Maps as GPIN # 2452-87- 6518. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 1, 2023, 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-23-022 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. 67 MOTION: “In Case R-23-022, I make a Motion approving the rezoning of 2.38 acres from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted.” 68 69 70 71 72 73 74 75 76 77 78 79 10.a.3. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-023; Willie Thompson; 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 Warren) Staff Contact(s): Emily Ragsdale Agenda Date: September 19, 2023 Item Number: 10.a.3. Attachment(s): 1. R-23-023 WillieThompson App 2. R-23-023 Willie Thompson Map Reviewed By: SUMMARY: In Case R-23-023, Willie Thompson (“Petitioner”) has petitioned to rezone 11.18 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be subdivided). The subject property is located on State Road 746/Golf Club Road, in the Chatham-Blairs Election District, and shown on the Tax Maps as GPIN # 2400-54-4807. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 1, 2023, 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-23-023 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: 80 “In Case R-23-023, I make a Motion approving the rezoning of 11.18 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be subdivided.” 81 82 83 84 85 86 87 88 89 10.a.4. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-024 David and Mary Ellen Wright; Rezoning 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 Ingram). Staff Contact(s): Emily Ragsdale Agenda Date: September 19, 2023 Item Number: 10.a.4. Attachment(s): 1. R-23-024 Mary Ellen Wright App 2. R-23-024 Mary Ellen Wright Map Reviewed By: SUMMARY: In Case R-23-024, David and Mary Ellen Wright (“Petitioners”) have petitioned to rezone four (4) parcels, totaling 20.78 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be used for agricultural purposes). The subject properties are located off State Road 841/Whispering Pines Road and State Road 848/Joe Carter Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN #s 1450-52-0882, 1450-52- 6657, 1450-53-3170, and 1450-62-0469. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 1, 2023, 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: 90 County Staff recommends approval of Case R-23-024 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: “In Case R-23-024, I make a Motion approving the rezoning of 20.78 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be used for agricultural purposes.” 91 92 93 94 95 96 97 98 99 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: FY 2024 County Budget Amendments Staff Contact(s): Kim VanDerHyde Agenda Date: September 19, 2023 Item Number: 10.b.1. Attachment(s): 1. 2024 BUDGET ADJUSTMENT WITH ALL BACKUP DOCUMENTATON Reviewed By: SUMMARY: Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of the County Budget Amendments, attached, appeared in the Chatham Star Tribune on September 6, 2023, which satisfies the seven (7)-day legal notice requirement. For the Board's review and consideration, attached is a Budget Synopsis showing both revenues and expenditures for the26,456,451.22, along with a detailed spreadsheet outlining the specific uses of these funds. FINANCIAL IMPACT AND FUNDING SOURCE: The County needs to make several Budget Amendments to the FY 2024 County Budget. Please see attached documentation for specific numbers. RECOMMENDATION: Following the required Public Hearing, County Staff recommends the Board approve an appropriation of $26,456,451.22. MOTION: "I make a Motion to approve FY 2024 Budget Amendments totaling $26,456,451.22 as presented." 100 PUBLIC HEARING NOTICE Pursuant to §15.2-2507, Code of Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, September 19, 2023, at 7:00 p.m., in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia, 24531, to receive citizen input on the proposed FY2024 Budget Amendments. Public hearing documents are available for public inspection Monday-Friday, 8 am – 5 pm, in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, and on the County’s website, www.pittsylvaniacountyva.gov. Proposed Budget Amendments 2023-2024 REVENUES Current Budgeted Revenues $240,190,137.09 Unassigned Fund Balance (Includes Carryovers) 12,468,352.79 School Carryover 9,597,440.30 School State Funds 3,198,577.00 School Federal Funds ( 16,750.00) Beautification Carryover Funds 30,000.00 Pet Center-Memorials and Donations 111,234.13 Grants Fund Revenue 375,000.00 Workforce Investment Board Grant Funds 150,000.00 CIP General Fund Transfer 505,697.00 Courthouse Security Fees 36,900.00 Proposed Amended Revenues $266,646,588.31 EXPENDITURES Current Budgeted Expenditures $240,190,137.09 General Fund Operating Budget 12,468,352.79 School Operating Budget 12,779,267.30 Beautification Fund Budget 30,000.00 Pet Center Fund Expense 111,234.13 Grants Fund Budget 375,000.00 Workforce Investment Board Fund Expense 150,000.00 Capital Improvements Projects 505,697.00 Courthouse Security Budget 36,900.00 Proposed Amended Expenditures $266,646,588.31 101 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount COUNTY AMENDMENTS Information Technology 30,000.00 Carryover of funds to cover the cost of a new vehicle Capital Outlay-Vehicle 100-4-012510-8105 30,000.00 Clerk of Court 30,079.63 Carryover of Clerk's Office Contribution for Office Supplies Office Supplies 100-4-021600-6001 30,079.63 Commonwealth's Attorney- General Fund Side 20,000.00 Carryover of funds from the CA's Budget to fund a local portion of the Victim Witness Grant. Federal funds for this grant was cut by $7,843 in FY2024. This is a critical program for the CA's office.Transfer to Grants Fund 100-4-091200-9103 20,000.00 Sheriff 5,140.32 Carryover of Donations for Halloween Halloween-Contributions 100-4-031200-5878 5,140.32 Sheriff 2,338.14 Carryover of Donations for Project Lifesaver Expenses Project Lifesaver Expenses 100-4-031200-5882 2,338.14 Sheriff 19,487.50 Carryover of Donations for the Dare Program DARE Supplies 100-4-031200-6002 19,487.50 Sheriff 300,000.00 Carryover of Budget Savings from Sheriff's Operating Budget Transfer to Grants Fund-SRO Program 100-4-091200-9103 300,000.00 Sheriff 335,192.90 Carryover of Budget Savings from Sheriff's Operating Budget Request to use funds to secure a lease for 15 Patrol Vehicles and to purchase 5 used vehicles for the SID Unit 100-4-031200-8105 147,166.70 100-4-031200-81052 188,026.20 Public Safety 20,000.00 Carryover of unspent Fire and Rescue Funds for the purpose of covering increased vehicle insurance costs for FY2024 and to cover additional funds needed for Ringgold Fire that was shorted in FY2023 PS-Vehicle Insurance 100-4-032200-5305 15,000.00 PS-Volunteer Contributions 100-4-032223-5661 5,000.00 Pittsylvania County FY 2024 Budget Amendments 102 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2024 Budget Amendments Public Safety 26,797.37 FEMA funds received from various storms in the past. These funds are carried over each year to cover costs associated with future natural disasters that may occur PS-Natural Dis/Emergency Resp 100-4-032200-5670 26,797.37 Jail 505,697.00 Carryover of unused Jail Operational Budget for the Purchase of Jail Property Transfer to Fund 310 (Capital Fund)100-4-091200-9104 505,697.00 Building Inspections 10,768.68 Carryover of unused Capital Outlay-Vehicle funds to cover an outstanding vehicle lease Capital Outlay-Vehicles (Fleet Lease)10-4-034000-81052 10,768.68 Animal Control 2,940.00 Carryover of unused Dangerous Dog Funds collected from citizens with dangerous dogs. These fees are paid to the State on behalf of these citizens Dangerous Dog Fee 100-4-035100-5899 2,940.00 Animal Control 9,187.68 Carryover of unused Capital Outlay-Vehicle funds to cover an outstanding vehicle lease Capital Outlay-Vehicles (Fleet Lease)100-4-035100-81052 9,187.68 Children's Services Act (CSA)33,449.93 Carryover of returned DSS fund balance to pay the cost of unallowed costs found during the FY2020 State required audit- Completed by the State in May 2023 Comp Svc Act Pool-Programs 100-4-053500-7003 33,449.93 Parks & Recreation 55,000.00 Carryover requested from unused Parks & Recreation's Operational Budget to cover the amount needed to fund the remaining balance of the Recreation Master Plan Update Transfer to Grants Funds 100-4-091400-9103 55,000.00 Parks & Recreation 25,652.58 Carryover requested from unused Field and Park maintenance funds to cover increased costs in maintaining the ball fields and the County parks Field Maintenance 100-4-071100-6006 13,050.84 103 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2024 Budget Amendments Park Maintenance 100-4-071100-60061 12,601.74 Community & Industrial Development 141,765.00 Carryover of donations approved in FY2023 but will not be spent until FY2024 Drug Court Contribution 100-4-081200-5703 65,000.00 Summer Intern Program 100-4-081200-5704 76,765.00 Community Development 70,346.50 Carryover of funds from the receipt of additional Building Inspection Revenue and Building Inspection Budget Balance to cover the cost of a Planner Position and Fringes for the 1st year Community Development 100-4-081400-various 70,346.50 Community Development 1,994.00 Carryover of funds received in June for Solar Farm Inspections- Invoice Paid in Jul Consultants-Solar Farm Inspections 100-4-081400-3161 1,994.00 Community Development 10,223.15 Carryover of unused Capital Outlay-Vehicle funds to cover an outstanding vehicle lease Capital Outlay-Vehicles (Fleet Lease)100-4-081400-81052 10,223.15 Community Development 77,616.00 Fees are collected thru building inspections to help remove dilapidated structures in the County. The remaining balance is rolled over each year to cover this potential liability in the coming budget year.Dilapidated Structure Removal 100-4-081400-8142 77,616.00 Non-departmental 738,953.83 Carryover of unused COLA funds balance to cover COLA/Merit Increases for FY2024 COLA/Salary Increase 100-4-091200-1999 738,953.83 Non-departmental 398,282.28 Carryover of unused Health and Wellness Program fund balances to cover the 14.52% increase in health care premiums for FY2024 BCBS-Co. Share 100-4-091200-2300 193,609.75 Wellness Program Expense 100-4-091200-31152 204,672.53 School Carryover-General Fund Side 9,597,440.30 School Carryovers Transfers to Other Funds 100-4-091200-9102 9,597,440.30 104 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2024 Budget Amendments TOTAL GENERAL FUND 12,468,352.79 12,468,352.79 SCHOOL AMENDMENTS School Carryover Amounts: Capital Project-SMES HVAC 1,461,297.71 State Funds-Remained Unspent at 6/30 School Operating Fund 205 1,461,297.71 Middle School Athletics 5,798.00 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 5,798.00 Project Graduation 54,030.27 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 54,030.27 PBIS Grant 6,610.95 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 6,610.95 PBIS/VTSS Grant 1,798.32 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 1,798.32 Project Lead the Way 15,450.00 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 15,450.00 School Based Health Workforce Grant 69,317.62 State Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 69,317.62 Replacement Vehicles (2 SUV's, 2 Trucks, 3 Vans)246,103.90 State Funds-Remained Unspent at 6/30 School Operating Fund 205 246,103.90 School Bus Lease Purchase - FY2023 540,530.00 Local Funds-Remained Unspent at 6/30 School Operating Fund 205 540,530.00 School Construction Grant Funds 1,591,924.05 Local Grant Funds-Remained Unspent at 6/30 School Operating Fund 205 1,591,924.05 Virginia Preschool Program 532,460.92 State Funds-Remained Unspent at 6/30 School Operating Fund 205 532,460.92 PALS Tutors 281,733.71 State Funds-Remained Unspent at 6/30 School Operating Fund 205 281,733.71 Textbooks 1,856,621.56 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 1,856,621.56 Drain field & Wastewater Expansion - KES 250,000.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 250,000.00 HS Band Towers 110,940.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 110,940.00 Armoured One - Entry Window Film 432,815.92 State Funds-Remained Unspent at 6/30 School Operating Fund 205 432,815.92 Maintenance Warehouse Purchase/Repairs 232,672.50 State Funds-Remained Unspent at 6/30 School Operating Fund 205 232,672.50 On-going Contracted Maintenance Projects 1,832,229.00 State Funds-Remained Unspent at 6/30 School Operating Fund 205 1,832,229.00 On-going Vocational Projects 21,982.50 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 21,982.50 105 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2024 Budget Amendments On-going IT Projects 53,123.37 State/Local Funds-Remained Unspent at 6/30 School Operating Fund 205 53,123.37 TOTAL SCHOOL CARRYOVER 9,597,440.30 TOTAL SCHOOL CARRYOVER 9,597,440.30 2024 School Budget Amendment: (Based on Skinny Budget Approved by the State) Additional State and Federal revenue received for PCS as referenced in the attached letter. An appropriation is needed for expenditures of these funds 205-3-000000-240202 3,198,577.00 School Funds - Regular 205-4-061000-1120 (1,792,490.00) 205-3-000000-330201 (16,750.00) Federal Funds 205-4-062000-1800 (178,607.00) 205-4-063000-3400 (122,024.00) 205-4-064000-3300 (271,524.00) 205-4-065000-3179 (3,563.00) 205-4-066000-5600 6,501,039.00 205-4-067000-5700 (951,004.00) TOTAL 2024 SCHOOL BUDGET AMENDMENT 3,181,827.00 3,181,827.00 TOTAL SCHOOLS 12,779,267.30 12,779,267.30 BEAUTIFICATION FUND Unappropriated Surplus 30,000.00 Funds needed to clean County Welcome Signs and to freshen up the landscaping at the sign sites Contractual Services-Landscaping 230-4-043500-3172 30,000.00 TOTAL-BEAUTIFICAITON FUND 30,000.00 30,000.00 PET CENTER FUND Memorials/Donation 111,234.13 Remaining balance of Donations/Memorials made to the Pet Center for a specific purpose.Pet Center-Vet Exp-Spay/Neuter 245-4-035200-5849 57,573.05 Pet Center-Emergency Medical 245-4-035200-58492 3,661.08 Pet Center-Supplies 245-4-035200-6004 50,000.00 TOTAL-PET CENTER FUND 111,234.13 111,234.13 106 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2024 Budget Amendments GRANTS FUND Commonwealth's Attorney-Grant Side-TRANSFERRED FROM THE GENERAL FUND 20,000.00 Carryover of funds from the CA's Budget to fund a local portion of the Victim Witness Grant. Federal funds for this grant was cut by $7,843 in FY2024. This is a critical program for the CA's office.Victim Witness Grant-State (32%) 250-4-021900-Various (32%) 6,400.00 Victim Witness Grant-Federal (68%)250-4-091201-Various (68%)13,600.00 DCJS-SRO Enhancement Grant Local Share-TRANSFERRED FROM THE GENERAL FUND 300,000.00 Sheriff's Budget Savings -Promised by the Sheriff to be used as the local match for the SRO Grant Transfer from General Fund 250-4-031787-Various 300,000.00 Parks & Recreation 55,000.00 Carryover requested from unused Parks & Recreation's Operational Budget to cover the amount needed to fund the remaining balance of the Recreation Master Plan Update Recreation Master Plan Project 250-4-094265-5698 55,000.00 TOTAL-GRANTS FUND 375,000.00 375,000.00 WORKFORCE DEVELOPMENT BOARD (WIA) VCCS Soft Skills Grant 150,000.00 The West Piedmont Workforce Development Board was recently awarded a grant to be used to enhance and increase the opportunitys for soft skills training and development efforts to improve job placement.Various-See Budget 251-4-353897 150,000.00 TOTAL- WORKFORCEDEVELOPMENT BOARD (WIA)150,000.00 150,000.00 CAPITAL IMPROVEMENTS FUND (CIP) 107 Department Amount Reason for Addition Line Item Description Account Number Recommended Amount Pittsylvania County FY 2024 Budget Amendments Jail-TRANSFERRED FROM THE GENERAL FUND 505,697.00 Carryover of unused Jail Operational Budget for the Purchase of Jail Property New Jail Construction 310-4-094150-818610 505,697.00 TOTAL-CIP FUND 505,697.00 505,697.00 COURTHOUSE SECURITY FUND Courthouse Security Fees 36,900.00 Request to utilize FY2024 Courthouse Security Fees to cover the purchase of 2 new scanners Capital Outlay-Equipment 314-4-043201-8102 36,900.00 TOTAL-COURTHOUSE SECURITY FUND 36,900.00 36,900.00 GRAND TOTAL - ALL FUNDS 26,456,451.22 *26,456,451.22 *This amount includes a transfer total of $10,478,137.30 108 109 1 Kim Van Der Hyde From:Justin Price Sent:Friday, July 7, 2023 9:28 AM To:Kim Van Der Hyde Cc:Dave Arnold Subject:RE: Rollovers That is correct, it isn’t the end of the world but if I could roll over what I have le in my umpire fee account that would be helpful as well to possibly looking at increasing the rates for officials. We are losing people and this may help aract new ones and retain the current ones. But it is not the end of the world if that one doesn’t go through. Also, if you need any of those monies to balance my budget where I had some in the red you can do so as well and then whatever is le we can carryover. But yes to field and park maintenance and if asking for the umpire fee rollover I don’t want to push that. I will be okay with what I already have for the year. Justin Price Parks & Recreation Director Email: Justin.Price@pittgov.org Fax: (434) 433-2600 115 South Main St. , Chatham , VA , 24531 , P.O. Box 426 Pittsylvaniacountyva.gov/parks Sign up for Parks and Recreation Notifications Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e- mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox, sent items, and deleted items. Thank you. From: Kim Van Der Hyde <Kim.Vanderhyde@pittgov.org> Sent: Friday, July 7, 2023 9:25 AM To: Justin Price <Justin.Price@pittgov.org> Cc: Dave Arnold <Dave.Arnold@pittgov.org> Subject: RE: Rollovers Hi Jusn, 110 2 Just following up to confirm the carryover amounts that you would like to request to carryover to the FY2024 Budget. This is what I have remaining for the two lines you menoned in your previous email. Field Maintenance 13,050.84 Park Maintenance 12,601.74 Kim Van Der Hyde Finance Director of Finance Email: Kim.Vanderhyde@pittgov.org Tel: (434) 432-7742 Fax: (434) 432-7746 1 Center Street , Chatham , VA , 24531 , P.O. Box 426 Pittsylvaniacountyva.gov Sign up for County Notifications Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e- mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox, sent items, and deleted items. Thank you. From: Justin Price <Justin.Price@pittgov.org> Sent: Wednesday, May 31, 2023 9:11 AM To: Kim Van Der Hyde <Kim.Vanderhyde@pittgov.org> Cc: Dave Arnold <Dave.Arnold@pittgov.org> Subject: Rollovers Kim, I know I am early but I wanted to go ahead and put this on the radar. I may request to rollover some money from park or field maintenance into the upcoming budget. I am going to call and get some quotes on playground mulch and look at doing most of our parks in the fall and I figured if I had some le in this years budget I may could request that to help cover the cost of that. But like I said I know that is a while away but I wanted to go ahead and put that on the radar. Thanks., Justin Price Parks & Recreation Director Email: Justin.Price@pittgov.org Fax: (434) 433-2600 111 3 115 South Main St. , Chatham , VA , 24531 , P.O. Box 426 Pittsylvaniacountyva.gov/parks Sign up for Parks and Recreation Notifications Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e- mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox, sent items, and deleted items. Thank you. 112 1 Kim Van Der Hyde From:Emily Ragsdale, AICP, CZA Sent:Friday, August 4, 2023 10:22 AM To:Kim Van Der Hyde Cc:Dave Arnold Subject:Re: Carryover Funds for Planner Position That was the average salary in our area when we looked at this 2 years ago. I doubt that has changed much but I'm slightly worried we won't be able to fill the position. Would 50k be a stretch to ask for? From: Kim Van Der Hyde <Kim.Vanderhyde@pittgov.org> Sent: Friday, August 4, 2023 10:19 AM To: Emily Ragsdale, AICP, CZA <Emily.Ragsdale@pittgov.org> Cc: Dave Arnold <Dave.Arnold@pittgov.org> Subject: Carryover Funds for Planner Position H Emily, I am working on my carryover list for the 2024 Budget. I know we talked about possibly carrying over funds for the Planner Position. The amount you originally asked for was $45K. Are you still good with that figure? The amount with fringes would be 64,145.65. Just let me know. Kim Van Der Hyde Finance Director of Finance Email: Kim.Vanderhyde@pittgov.org Tel: (434) 432-7742 Fax: (434) 432-7746 1 Center Street , Chatham , VA , 24531 , P.O. Box 426 Pittsylvaniacountyva.gov Sign up for County Notifications Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e- mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox, sent items, and deleted items. Thank you. 113 114 115 116 117 10.b.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: Pittsylvania County Code Amendments (RPD); (PCC §§ 35-298, -301, and -306) Staff Contact(s): Emily Ragsdale Agenda Date: September 19, 2023 Item Number: 10.b.2. Attachment(s): 1. RPD - updated 09162023 Reviewed By: SUMMARY: At the Board's August 15, 2023, Business Meeting, County Staff was instructed to bring proposed amendments to Pittsylvania County Code ("PCC") §§ 35-298, 35-301, and 35-306 to the Board for potential action at the Board's September Business Meeting. This Public Hearing was duly advertised in the Chatham Star Tribune on September 6, 2023, and September 13, 2023. For the Board's review and consideration, attached are the proposed PCC RPD revisions. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following the conducting of the legally required Public Hearing, County Staff recommends the Board approve the PCC RPD Amendments as attached and presented. MOTION: "I make a Motion approving the attached revisions to PCC §§ 35-298, 35-301, and 35-306 as presented." 111 DIVISION 7 RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT (RPD) SEC. 35-293. PURPOSE The purpose of this district is to promote large scale development of innovative and creative design as a means of creating a well planned living environment, to encourage variety in housing and supporting community facilities while, encouraging accessory commercial uses, and to protect the natural beauty of the landscape through the use of advantageous construction techniques, with the greatest amount of open area and the least disturbance of natural features, and to encourage the preservation and the more efficient use of open space. Residential Planned Developments are intended to provide flexibility in the development of large tracts of land through adjustment of certain lot, setback and use restrictions, and should provide for increased amenities, safety and conveniences, reduced public and private costs and other public and private benefits. SEC. 35-294. PERMITTED USES Within the Residential Planned Unit Development District (RPD), the following uses are permitted: accessory uses apartment houses child day care centers (licensed) (Amended December 21,1993) churches clubs (private) clubs (public) community centers, buildings condominiums conservation areas (public and private) country clubs County government uses such as waste collection, recycling, recreation, etc. detached dwelling units: duplexes, triplexes, quad-plexes, townhouses, atrium houses, patio houses garages-private for storage of personal vehicles gardens (private) golf club, club houses golf courses home occupations, class A homes, single-family detached dwelling maintenance facilities for dwelling units manses, church-owned dwelling units multi-family dwellings parks playgrounds recreational facilities (private) recreational facilities (public) roads, streets, rights-of-way, easements security man's house signs-See Sections 35-95--35-101. water systems SEC. 35-295. SPECIAL USE PERMITS The following uses shall be permitted only by special use permits: barber and beauty shop (Amended July 6, 2004) 112 commercial uses such as stores, service centers offices, retail, grocery stores, hotels, assisted living, skilled nursing, and other similar uses for service to the residents of the planned area and adjacent communities (Amended December 21, 1993) emergency, services facilities-fire, rescue marinas non-emergency medical transport (Amended December 21, 2010) off-street parking public facilities, offices, storage yards public garages public utilities-including substations, power generation, public utilities-structures towers schools (public and private) special temporary churches (Amended December 21, 1993) stables (private) temporary uses, construction activity-including temporary buildings, portable buildings (these uses may be limited by the County as to time) SEC. 35-296. AREA REGULATIONS A. Minimum Lot Size 1. Area To be considered as a residential planned unit development, a project's area must include twenty-five (25) or more contiguous acres of land, none of which can be under water or within a flowage easement. Minimum permitted size of any residential planned unit development or lots and parcel within shall be subject to approval by the local Department of Health. The procedure for addition to a development shall be the same as if an original application were filed. 2. Areas of the residential planned unit development used for single-family detached residences shall follow the area requirements under Section 35-224 of this Ordinance unless approved for smaller lot sizes and setbacks by the Board of Supervisors as part of a rezoning application to the RPD, Residential Planned Unit Development District which may allow single-family detached lots to be a minimum of 4,500 sq. ft. and single-family attached unit lots may be a minimum of 1,300 sq. ft. B. Maximum Density Residential Uses: Units per Gross Acre: Single family 3 Two-family, detached dwelling 5 Duplexes Multi-family 15 Townhouses 10 The Board of Supervisors may approve a maximum density for the residential planned unit development that exceeds the units per gross acre stated in this Ordinance as part of a rezoning application to RPD, Residential Planned Unit Development. District The permitted density in dwelling units per gross acre, notwithstanding the provisions of this Chapter, shall be subject to approval by the local Health Department. SEC. 35-297. MAXIMUM HEIGHT OF BUILDINGS 113 The maximum height of buildings in this district shall be eighty (80) feet. Belfries, cupolas, chimneys, flues; flagpoles, television antennae, radio aerials, silos, and water tanks are exempted. Any building or structure shall be constructed, erected, installed, maintained, and be of an approved type in accordance with the provisions of the Virginia Uniform Statewide Building Code as amended and the Fire Prevention Code. SEC. 35-298. MINIMUM YARD DIMENSIONS A. Front Setback Setback from the nearest point on dwelling or principal structure (including porches or stoops or any accessory, buildings) shall be thirty-five (35) one hundred (100) feet from the edge of right-of-way for exterior property lines of the residential planned unit of development unless reduced by the Board of Supervisors as part of the rezoning process. The setback from the nearest point on a dwelling or principal structure bordering interior front property lines within the residential planned unit of development shall be twenty (20) feet from the edge of the right-of-way. Accessory buildings, porches, bay windows, eaves, and stoops may encroach into the front setback of interior front yards of the planned unit of development provided that the setback is not less than ten (10) feet. B. Side Setback The minimum side setback, the distance from the side property line of a lot to the nearest point on a dwelling or principal structure (including porches, stoops, or accessory building) shall be a minimum of ten (10) one hundred (100) feet for exterior property lines of the residential planned unit of development unless reduced by the Board of Supervisors as part of the rezoning process. The minimum side setback, the distance from the side property lines of a lot to the nearest point on a dwelling or principal structure shall be a minimum of six (6) feet and single-family attached dwellings may have no side setback where directly adjoining another unity within one building. Accessory buildings, porches, bay windows, eaves, and stoops may encroach into the side setback no more than four (4) feet. C. Rear Setback The minimum rear setback, the distance from the rear property line of an exterior property line of the residential planned unit development to the nearest point on a dwelling or principal structure (including porches, stoops, or accessory building) shall be a minimum of thirty (30) one hundred (100) feet unless reduced by the Board of Supervisors as part of the rezoning process. The minimum rear setback shall be a minimum of twenty (20) feet from the rear property line of an interior lot line of the residential planned unit development to the nearest point on a dwelling or principal structure. Accessory buildings, porches, bay windows, eaves, and stoops may encroach into the rear setback of interior rear yards of the planned unit of development provided that the setback is not less than five (5) feet. Walkways and steps are exempt from rear setback requirements. D. Minimum Distance between Main Buildings For fire protection in the residential planned unit development, the minimum distance between main buildings shall be no less than fifteen (15). E. Corner Lots The minimum side yard depth on the side facing the side street shall be thirty-five (35) one hundred (100) feet or more from the side building line to the right-of-way line for both main and accessory buildings adjacent to an exterior property line of the residential planned unit of development unless reduced by the Board of Supervisors as part of the rezoning process. The minimum side yard setback on the side facing the side street within the planned 114 unit of development shall be twenty (20) feet. Accessory buildings, porches, eaves and stoops may encroach in the setback from an interior property line provided that the setback is not less than five (5) feet. SEC. 35-299. FLOOR AREA REQUIREMENTS Not regulated. SEC. 35-300. MINIMUM OFF-STREET PARKING SPACE See General Regulations, Sections 35-80---35-82. SEC. 35-301. OPEN SPACE REQUIREMENTS See Application of Regulations and General Regulations, Sections 35-15, 35-22 and 35-60, 35- 66. 1. The required open space shall not be less than thirty (30) percent of the total gross area of the residential planned unit development and shall not be more than five (5) percent wetlands. 2. The required developed recreational space, consisting of parks, play areas, and similar recreational uses, shall not be less than five (5) percent of the total gross area of the development. 3. Open space shall be defined for the purposes of this Section as that total land or water within the boundaries or a planned unit development, designed and intended for use and enjoyment as open areas, and not improved with building, structure, street, road, parking area, or any type of sidewalk, except for recreational structures. 4. All open space, including developed open space, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. SEC. 35-302. MANAGEMENT OF OPEN SPACE (BY PROPERTY OWNERS ASSOCIATION) 1. There shall be established a non-profit association, a stock or membership corporation, trust, or foundation of all individuals or corporations owning residential property within the planned unit development to insure maintenance of open spaces. 2. When the open space is to be maintained through a non-profit association, corporation, trust or foundation, said organization shall conform to the following requirements: a. The developer must establish the organization prior to the sale of any lots. b. The membership in the organization shall be mandatory for all residential property owners, present of future within the planned development, and said organization shall not discriminate in its members or shareholders. c. The organization shall manage all open space and recreational and cultural facilities; shall provide for the maintenance, administration and operation of said land and improvements, and any other land within the planned community, and shall secure adequate liability insurance on the land. d. The organization shall conform to the Condominium Act, Sections 55-79.39 through 55-79.103, Code of Virginia. 1950, amended to date. SEC. 35-303. SIGNS See Special Provisions, District Regulations, Sections 35-95, 35-10 I. SEC. 35-304. OTHER SPECIAL REGULATIONS RESERVED 115 SEC. 35-305.STREETS (B.M.S. 3-21-06, in its entirety) A. Alignment and layout. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Where, in the opinion of the agent, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary of land proposed for subdivision may not be permitted. Wherever possible, streets should intersect at right angles. In all hillside areas streets running with contours shall be required to intersect at angles of not less than sixty (60) degrees, unless approved by the highway engineer. B. Approach angle.Major streets shall approach the major or collector streets at an angle or not less than eighty (80) degrees, unless the agent upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns. C. Minimum widths. The minimum widths of proposed streets, measured from the lot line, shall be as shown on the major street plan, or if not shown on such plan shall be: 1. As identified in the VDOT subdivision street standards on 24VAC 30-90-380 Table I as revised by VDOT. 2. Rural rustic roads, as defined by Virginia Department of Transportation, not less than thirty (30) feet. (BOS November 19, 2002) 3. Or other minor streets which cannot be extended in the future – no less than forty (40) feet. (B.S.M. 9-01-02) D. Construction requirements. Unless otherwise specified, all street construction requirements shall be those of the Virginia Department of Transportation for acceptance into the State secondary system, including but not limited to the current edition of: "“Subdivision Street Requirements"” and "“Pavement Design Guide for Subdivision and Secondary Roads in Virginia”, as both are amended from time to time. (B.S.M. 7-1-02) E. Cul-de-sacs. Shall meet the requirements of VDOT 24VAC 30-90-380 subdivision standard as revised by VDOT. F. Alleys. Alleys should be avoided wherever possible except where approved as part of the site plan process for the residential planned unit development as part of the rezoning process. Dead-end alleys, if unavoidable, shall be provided with adequate turnaround facilities as determined by the agent. G. Private streets. Except as provided in Section 15.2-2267, Code of Virginia, 1950, as the same may from time to time be amended, there shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street unless approval is granted by the Board of Supervisors as part of a rezoning application to RPD, RPD, Residential Planned Unit of Development District. The Board of Supervisors may approve the creation and use of private streets as part of a rezoning application to RPD, Residential Planned Unit of Development District. H. Names. Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of the existing street. In no case shall the name of proposed streets duplicate existing street names in Pittsylvania County and adjoining jurisdictions, irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane or court. Street names shall be indicated on the preliminary and final plats and shall be approved by the agent. Names of existing streets shall not be changed except by approval of the Board of Supervisors. 116 I. Identification signs. Street identification signs of an approved design shall be installed at all intersections. SEC. 35-306. UTILITIES Within a planned unit development, all newly installed utilities, including television cable, and electrical systems, shall be installed underground. Appurtenances to these, systems which require above ground installations shall be effectively screened. All planned unit developments shall be served by publicly owned water and sewer unless this requirement is waived by the Board of Supervisors during the rezoning process. SECS. 35-307--35-315. RESERVED 117