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Campbell County Board of Supervisors

AGENDA - August 1, 2023

Haberer Building Boardroom (Lower-Level)

Available via ZOOM


6:00 P.M. –     Call to Order and Pledge of Allegiance by Chairman Cline

                         Moment of Silence

1.

APPROVAL OF MINUTES

2.

APPEARANCES

2.I.

RECOGNITION OF CAMPBELL COUNTY VALEDICTORIANS AND SALUTATORIANS FOR 2023

At the July 18, 2023 meeting, the Board adopted a resolution honoring the County’s 2023 Valedictorians and Salutatorians.  At the August 1st meeting the Board will formally recognize these students for their outstanding accomplishments.

2.II.

RECOGNITION OF TYLER MASON

At the July 18, 2023 meeting, the Board agreed to honor Tyler Mason, a recent graduate of William Campbell High School, for his outstanding athletic accomplishments.  At the August 1st meeting the Board will formally recognize him through a proclamation.    

3.

ADMINISTRATOR'S ITEMS

Frank J. Rogers, County Administrator

3.I.

PERMISSION TO SIGN MEMORANDUM OF UNDERSTANDING FOR ANIMAL CONTROL SERVICES IN THE TOWN OF BROOKNEAL

The Town of Brookneal has approached County staff about the possibility of aligning the Town’s animal control laws with the County’s in order to allow for the use of the County’s animal control staff within Town limits.  The Town lacks the staff to continuously monitor and update its Town Code to match State Code on animal control laws, and the Town does not employ any employee dedicated to enforcing the animal control laws.  

The County Administrator and Town Manager met and discussed a proposed Memorandum of Understanding (MOU), which has been drafted by the County Attorney, to authorize the use of County Animal Control Officers within the Town after the Town has amended its Town Code to adopt the animal control provisions of the County Code by reference.  The Town will maintain its own dogs running at large ordinance (the leash law) within Town limits, but will otherwise adopt the County’s Code in its entirety.  

RECOMMENDATION:  Staff recommends that the Board review the proposed MOU, and if appropriate, grant the County Administrator authority to sign the same on behalf of the County.  

3.II.

BROOKVILLE HIGH SCHOOL RENOVATION UPDATE

Clifton M. Tweedy, Deputy County Administrator

On May 2, 2023, the Board accepted an unsolicited proposal from English Construction, Inc. to renovate Brookville High School, made under the Public Private Education Facilities and Infrastructure Act (PPEA).  As required under the PPEA guidelines, the County published a request for additional proposals for the same scope of work.  Two additional proposals were received from Blair Construction, Inc. and Jamerson-Lewis Construction, Inc.  Copies of all three proposals were provided to the Board for review.  A public hearing was conducted on July 18th. 

The School Board reviewed the proposals and decided to interview the two top rated firms, English Construction and Blair Construction. The entire School Board, with participation of the Joint Committee, conducted a two-hour interview process with each team, including walkthroughs of the school and extensive questioning.  After a thorough discussion, the School Board and the Joint Committee unanimously agreed to rank Blair Construction’s proposal as the preferred option for renovation of Brookville High School.  In follow-up discussions with a representative from Blair Construction, they would prefer to skip the interim agreement and work toward a comprehensive agreement.  This process is expected to take approximately two months to complete.

RECOMMENDATION:  After hearing from Blair Construction, ask any questions about the project, the process, and the proposals to renovate Brookville High School under the PPEA process.  No action is required from the Board at this time and the proposed comprehensive agreement will be presented to the Board for full consideration at a later date.

3.III.

HIGHWAY MATTERS

i.    Status of Outstanding Highway Matters:  See memorandum

ii.    Highway Matters Action Items:  None

iii.    A few minutes is scheduled each month for Supervisors to voice any questions or concerns regarding highway matters.

RECOMMENDATION:  Please provide staff with any highway matters the Board has or that need to be passed along to VDOT.

Documents:
  1. Highway Matters.pdf
4.

CONSENT AGENDA

4.I.

APPROPRIATIONS

Attached is an appropriation listing for the Board’s consideration.

Documents:
  1. Appropriations.pdf
4.II.

COUNTY ATTORNEY INVOICE

Attached is an invoice for $18,150.25 from the County Attorney for services provided from June 21, 2023 through July 18, 2023.

Services

General Representation:        $6,000.00

Real Estate Tax Collection:        $2,960.00

Personal Property Tax Collection:    $3,360.00

Miscellaneous Matters:        $2,760.00

Expenses Paid

General Representation        $27.00

Real Estate Tax Collection:        $1,082.50

Personal Property Tax Collection:    $365.05

Miscellaneous Matters:        $1,595.60

4.III.

LINE OF DUTY ACT (LODA) FOR PRIVATE POLICE OFFICERS

On July 17, 2023 the Nelson County Administrator reached out to other County Administrators across the state to invite our support of the attached resolution.  The request is in response to the tragic death of Wintergreen Police Officer, Mark Christopher “Chris” Wagner.  Officer Wagner lost his life in the line of duty on June 16, 2023.

Officers of private police departments are not presently afforded benefits available under the Line of Duty Act (LODA), Virginia Code Section 9.1-400 et. seq.  The request is for the County to endorse Nelson’s request that the General Assembly enact legislation to provide private police offers the LODA benefits.  Sheriff Clark is in support of this request. 

4.IV.

RECOMMENDATIONS: Staff recommends the Board:

a.    Approve the appropriations as presented;

b.    Approve the County Attorney invoice of $18,150.25;

c.    Adopt a resolution in support of Nelson County’s requested amendment to State Code regarding LODA benefits for private police officers.

5.

APPOINTMENTS

Attached for your review is a list of appointments.

Documents:
  1. Appointments.pdf
6.

MATTERS FROM THE BOARD

A few minutes is scheduled at each meeting to discuss matters from the Board.

7.

CLOSED MEETING

None

8.
7:00P.M.

PUBLIC HEARINGS

Paul E. Harvey, Director of Community Development/Assistant County Administrator

The following Public Hearings were advertised (ad attached) for:

Documents:
  1. Board Ad.pdf
8.I.

#PL-23-121 REZONING REQUEST – PINE HAVEN DRIVE

This request is to rezone 6.50 +/- acres from Residential – Manufactured Housing to Residential – Multi Family in order to construct a townhouse development.  The property is located on Pine Haven Drive, Lynchburg, VA, and in the Sunburst Election District.  As per the Comprehensive plan the property is located in an area designated as medium to high density residential.  Staff report is attached.

The applicant is seeking to rezone the parcel to Residential – Multi Family in order to construct a townhouse development.  The concept plan shows a development of 71 townhouse units and associated parking.  The development would be served by public water and public sewer.  The entrance to the development would be from Pine Haven Drive.  A traffic impact narrative is included in the packet.  The PEC met on June 13, 2023 to discuss the plan.  Comments from that meeting are included in the packet.  The request is not proffered, so the concept plan and proposal are conceptual and non-binding.  

RECOMMENDATION:  The Planning Commission recommended approval of this request by vote of 6-0 citing good zoning practice.

8.II.

PUBLIC HEARING – PROPOSED EASEMENT OVER TAX MAP 32-A-65A

F.E. “Tripp” Isenhour, III, County Attorney

The County owns the property located at the corner of Wards Rd. (Rt. 29) and Colonial Hwy. (Rt. 24) in Rustburg, VA, being tax map number 32-A-65A.  The property is being held by the County for future public use.  Dominion Energy has requested a utility easement over the property.  The proposed easement would provide a benefit both to the County property, as well as neighboring landowners.  Prior to selling or granting any interest on or to any County property, state code requires that the County conduct a public hearing to receive citizen input.

RECOMMENDATION:  Staff recommends the Board conduct a public hearing on the proposed sale and receive public comment.  Following the public hearing, Staff requests that the Board provide direction concerning the execution of the proposed easement.

8.III.

PUBLIC HEARING – LEASE OF BASEMENT LEVEL OF THE BROOKNEAL LIBRARY

In March of 2001, Campbell County received a Tobacco Commission Grant, in the amount of $200,000, to refurbish the unfinished basement level of the Patrick Henry Memorial Library in Brookneal.  The space was renovated to be used by CVCC as an off-site campus to provide educational opportunities and workforce services training.  CVCC operated the facility for several years and then abandoned it due to budgetary constraints.

Since that time, the refurbished space has been used periodically for educational purposes but has rarely had a permanent tenant.  The property had GED and other classes offered on an infrequent schedule in the space for a number of years, then was leased out to two separate daycare provider starting in 2017.  The second daycare provider ceased to use the building as a daycare in the fall of 2021.  Brynn Simons, who operates the Altavista YMCA, has been operating the currently existing daycare on the site since September of 2022.  At this time, the daycare only has room for three (3) additional children, demonstrating the need and support from the community for this service.  The Altavista YMCA works with Campbell County to pursue funding in order to make the space more accommodating to their operations at their expense.  

Staff received a request from the Altavista YMCA to renew the lease the basement level of the Patrick Henry Memorial Library for an additional term.  Childcare options are greatly needed for the area around Brookneal, which has a large economically-challenged constituency and few licensed providers.  The proposal from Ms. Simons is for a one-year lease of the facility with three renewal option years.  The current lease calls for rent at $5.00 a square foot.  The renewal lease calls for rent to escalate at a rate of $.50 per square foot per year for all subsequent terms.  

In order for the Board to consider leasing public property, Section 15.2-1800 requires the Board to hold a Public Hearing to allow for citizen feedback on the issue.

RECOMMENDATION:  Staff recommends the Board of Supervisors hold a public hearing on the matter. After the public hearing, depending on the public input, the Board then can choose to authorize a lease for the property with proposed terms attached hereto.

8.IV.

PUBLIC HEARING – CODE UPDATE

Semi-annually the Board of Supervisors updates the Code of Campbell County with mandated changes that result from action of the General Assembly and discretionary changes that are initiated by either the Board or staff during the year.

Some of the proposed amendments to the County Code for the regular summer update are mandated changes to mirror state law changes that were effective July 1.  Others are discretionary changes requested by staff or are minor amendments clarifying certain aspects of the Code.  The drafts of the proposed updates for this Summer’s Code update were reviewed by the Board at its June business meeting, and authorized to be published for a public hearing at the August business meeting.  The amended text for all chapters has been available electronically with a paper copy available in the County Administrator’s Office.  The summary of all changes is attached to this memorandum.  The proposed changes to Chapters 21 and 22 of the County Code will be reviewed by the Planning Commission at a public hearing on July 24, 2023.  Many chapters of the Code have been revised pursuant to a State Code change altering the language used to describe individuals with disabilities, which changes have been mirrored in the County Code.

RECOMMENDATION:  Staff recommends that the Board review the Code changes and conduct the required public hearing.  After receiving public input concerning the proposed changes, staff requests that the Board take action to adopt those changes to the County Code as the Board believes to be appropriate.  

11.

BOARD OF SUPERVISORS MEETING SCHEDULE

Revised 7/20/2023

Tuesday, August 1st

            6:00 PM – Regular Administrative Business Meeting

            7:00 PM – Public Hearings 

Tuesday, August 8th

            5:30 PM – EMSAC/FAC – Citizen Services Building Conference Room

Tuesday, August 15th

            6:00 PM – Broadband Authority

Tuesday, September 5th 

            6:00 PM – Regular Administrative Business Meeting

            7:00 PM – Public Hearings 

Tuesday, September 19th 

            6:00 PM – Board Work Session – Joint Meeting with CCUSA

Tuesday, October 3rd

            6:00 PM – Regular Administrative Business Meeting

            7:00 PM – Public Hearings 

Tuesday, October 17th

            6:00 PM – Broadband Authority

Tuesday, December 19th

            11:00 AM – Swearing-in Ceremony (Campbell County Circuit Court)

campbellcounty.gov

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