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08-15-2023 Business Meeting - FINALPITTSYLVANIA 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) 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) 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 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 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. 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. 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 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.