The Franklin County Board of Supervisors Held Their

THE FRANKLIN COUNTY BOARD OF SUPERVISORS HELD THEIR REGULAR SCHEDULED MEETING ON TUESDAY, APRIL 20, 2021 AT 1:30 P.M., IN THE BOARD OF SUPERVISORS MEETING ROOM LOCATED IN THE FRANKLIN COUNTY GOVERNMENT CENTER, 1255 FRANKLIN STREET, SUITE 104, ROCKY MOUNT, VIRGINIA.

THE MEETING WAS CONDUCTED IN COMPLIANCE WITH (ORDINANCE #21-06-2020) EMERGENCY ORDINANCE TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER

THERE WERE PRESENT: Mike Carter Tommy Cundiff Leland Mitchell Ronald Mitchell Lorie Smith Tim Tatum, Vice- Chairman Ronnie Thompson, Chairman

OTHERS PRESENT: Christopher Whitlow, County Administrator Michael Burnette, Assistant County Administrator Steve Sandy, Assistant County Administrator Jim Guynn, Legal Counsel Madeline L. Sefcik, CMC, Clerk ******************** Chairman Thompson, called the meeting to order. ***************** Invocation was given by Supervisor Tim Tatum. ******************** Pledge of Allegiance was led by Supervisor Ronnie Mitchell.

APPROVAL OF AGENDA

Agenda was approved as presented.

RECOGNITION OF PUTTING A DENT IN MENTAL HEALTH

Chairman Thompson recognized Mr. Jonathon Smith with the below letter:

Dear Mr. Smith:

On behalf of the Franklin County Board of Supervisors, I would like to thank you for your service to Franklin County. I would also like to personally congratulate you on your recent selection for the 2020 Governor’s EMS Award and your Outstanding Contribution to EMS Health and Safety Award for the “Putting a Dent in Mental Health Program.” Thank you for identifying and working to help addressing so many pressing needs in our first responder community.

By working with local Firefighters, EMS personnel, Chaplains, Law Enforcement and being a Licensed Clinical Social worker, your creation of the “Putting a Dent in Mental Health Program” has been able to create many educational opportunities for first responders and their families. Your positive change in working towards breaking the stigma of mental health with assisting in government developmental laws to better benefit the health and emotional well-being of first responders has been as asset to Franklin County. I wish you the best in your future endeavors and growth of this program. Thank you for dedicated service as a public servant and volunteering in many capacities to make a difference in this community. Thank you for doing what you can the shape a great future for Franklin County.

Kind Regards,

Ronnie Thompson, Chair Franklin County Board of Supervisors

PUBLIC COMMENT 1. Everette Boone- Mr. Boone addressed the Board and let them know he is actively working with the Patriot Group within Franklin County. This group regularly hosts speakers, and the Board is more than welcome to attend any event.

******************** CONSENT AGENDA

APPROVAL OF, ACCOUNTS PAYABLE LISTING, APPROPRIATIONS, AND APPROVAL OF MARCH 2, 2021, MARCH 16, 2021, MARCH 23, 2021 AND MARCH 30, 2021 BOARD OF SUPERVISORS MEETING MINUTES

Authorization to Revise Budgetary Appropriations

To: Franklin County Board of Supervisors

From: Brian J. Carter, Director of Finance & Human Services

Please be advised that on April 20, 2021, the Board of Supervisors of Franklin County authorizes by resolution, the following supplemental appropriations and transfers.

Department Purpose Account Amount FY 2020-21 Sheriff Video Visitation 3301- 57011 $1,041 Sheriff Drug Restitution 3102- 55412 $396 Sheriff/E911 VDEM Grant 3504- 55540 $5,000 Sheriff/E911 VDEM Next-Gen 911 Grant 3504- 57003 $86,300

Public Works Coyote Bounty (from fund balance) 4207- 55804 $5,000

Public Safety RSAF Grant 3508- 55468 $3,881

Registrar Presidential Election Reimbursement 1302- 55201 $2,498

Library Donations/Reimbursements 7301- 55412 $500

Social Services Family Partnership Meetings 5306- 53013 $3,000 Social Services IV-E Adoption Subsidy 5307- 55812 $353,000 Social Services Fostering Futures 5307- 55814 $17,395

$478,011

Transfers Between Funds, Departments or Capital Accounts (Decrease), Increase FY 2020-21 None

Total Transfers $0

ROANOKE VALLEY ALLEGHANY CHARTER AMENDMENT

In April of 2019, the Roanoke Valley – Alleghany Regional Commission (RVARC) board adopted an updated Strategic Plan, which called for consideration of restructuring the Commission’s membership size as most often it has been quite difficult for member locality appointed representatives to regularly attend RVARC meetings. Examining planning district commissions around Virginia, it was discovered that RVARC was the second largest commission within the Commonwealth with 38 appointed members. The large membership size is not reflective of the population as much larger urban areas in Virginia have smaller membership. A restructuring committee was formed to review the staff’s research and develop a recommendation.

After reviewing and speaking with each locality, the committee recommended a change to the membership, thereby reducing the membership from 38 to 30 members. The RVARC overwhelmingly voted to accept the committee’s recommendation and amend the Charter at the February 25, 2021 meeting.

To complete RVARC’s charter amendment, each respective member locality is requested to adopt the attached resolution accordingly. Currently Franklin County has five members (three elected and two staff / citizen. With the respective charter amendment, the County will have four members (two elected and two staff / citizen). Franklin County, along with Roanoke City and Roanoke County will continue to have the majority of membership seats based on the population allocation.

Staff respectfully recommended the Board to consider approving the proposed changes to the membership of the Roanoke Valley- Alleghany Regional Commission and adopt the attached resolution as presented below.

RESOLUTION

Authorizing the Roanoke Valley-Alleghany Regional Commission to Amend its Charter to Reduce Membership Requirements

WHEREAS, the Roanoke Valley-Alleghany Regional Commission (“The Commission”) is seeking to amend its charter to reduce the number of Commissioners serving on its Board from 38 to 30; and

WHEREAS, in April of 2019 the Chair of the Roanoke Valley-Alleghany Regional Commission directed Commission staff to review the board size of peer Commissions, absentee and attendance data of the Commission, and requirements of the Code of Virginia regarding the Commission’s board structure; and

WHEREAS, the Roanoke Valley-Alleghany Regional Commission board was determined to be the second largest board in the Commonwealth, behind only the Hampton Roads Planning District Commission with 47 members; and

WHEREAS, it was determined that under current Charter rules and population forecasts the Commission Board was expected to grow even larger in 2022 with an additional member from the City of Roanoke, bringing the total to seven representatives comprised of four elected officials; and

WHEREAS, a Restructuring Committee was formed in October of 2020 to review staff research and produce a recommendation to the full Board; and

WHEREAS, after reviewing the research and conferring with their local governing bodies as well as chief administrative officers for Commission member jurisdictions, the members of the Restructuring Committee recommended changes to the membership formula for the Commission Board; the addition of a provision for alternate members of the Board to provide flexibility to member governments; and clarification on the definition of Population for purposes of determining membership; and,

WHEREAS, the Commission Board voted to accept the recommendations of the Restructuring Committee at the February 25, 2021 meeting of the Commission; and,

WHEREAS, Article II, Section 1 of the Charter shall be amended to read: “The membership of the Roanoke Valley- Alleghany Regional Commission shall be composed of representatives of the member governmental subdivisions, on the basis of two members from each governmental subdivision, at least one of whom is an elected member of the governing body of the subdivision. In addition, each governmental subdivision with population in excess of 25,000 and less than 50,000 shall appoint one additional member who must be an elected official of the governing body of the subdivision. Each governmental subdivision with a population in excess of 50,000 shall further appoint one additional member, who may but need not be an elected official of the governing body of the subdivision, provided that at least a majority, but not substantially more than a majority, of the Commission members shall be elected officials of the governing bodies of the governmental subdivisions. In determining the population of counties, the numerical total shall be exclusive of participating towns who have a population of three thousand, five hundred; said towns are eligible to have at least two representatives; and

WHEREAS, Article II, Section 2 of the Charter shall be amended to read: “"Population," unless a different census is clearly set forth, means the number of inhabitants according to the United States census latest preceding the time at which any provision dependent upon population is being applied, or the time as of which it is being construed, unless there is available an annual estimate of population prepared by the Weldon Cooper Center for Public Service of the University of Virginia, which has been filed with the Department of Housing and Community Development, in which event the estimate shall govern.”; and

WHEREAS, Article II, Section 6 shall be added to the Charter, reading: “Each governmental subdivision of the Commission shall have the option of appointing an alternate member. An alternate member shall be entitled to receive notice of all meetings of the Commission and of all meetings of committees of which the appointed member is a part, and to attend and vote at any such meeting at which the appointed member is not personally present. When appointing alternates for an elected official of the governing body, the governmental subdivision must appoint a member of the same governing body.”; and

WHEREAS, any changes to the Commission charter must be approved unanimously by the governing bodies of all Commission member jurisdictions.

NOW THEREFORE BE IT RESOLVED that [Locality] approves the Charter changes of the Roanoke Valley-Alleghany Regional Commission.

BE IT FURTHER RESOLVED that aforementioned Charter changes of the Roanoke Valley-Alleghany Regional Commission will become effective on July 1, 2022, and that the resulting reduction in Board size will be reached through attrition of existing Board members whose terms end on or after July 1, 2022.

SML COMMUNITY PARK SHORELINE STABILIZATION CONTRACT AWARD

The Smith Mountain Lake Community Park is a long, narrow peninsula with nearly one and a half miles of shoreline that lies along the main channel of the lake. The park is subject to heavy traffic from passing boats which creates significant wake action. Over the years, these wakes have eroded and undermined much of the shoreline. This active erosion threatens County property and public safety.

The Board recognized this issue and had appropriated capital funds since 2015 to stabilize the park shoreline. This multi-year project was broken into phases and prioritized so that areas with the greatest rate of erosion and/or threat to public safety would be completed first.

The County has been able to rip rap a total of 1,500 feet of the most affected shoreline to date (500 feet in 2016 and 1,000 feet in 2018). This represents approximately 21% of the park’s 7,300 linear feet of shoreline. In 2020, staff obtained the necessary permit from the US Army Corps of Engineers to complete the remaining shoreline. Staff has worked with Parker Design Group Inc. to prepare the request for proposals.

The Board previously approved for staff to advertise for proposals on February 16, 2021. Proposals were due on March 15, 2021 and the following two companies submitted for the job: Lakeside Marina and Arrington Construction. These two proposals were reviewed and ranked for experience, knowledge, familiarity with the project, and satisfactory performance on previous contracts.

Staff recommends awarding the contract to Lakeside Marina. As the top ranked responder, staff worked with Lakeside Marina on a cost per ton to complete the required work. Lakeside Marina is able to install rip rap for $3,500 per 50 tons. Lakeside Marina’s barge carries 50 tons and will be able to install two loads per day. Because the extent of erosion of the shoreline varies throughout the project area, a per ton of rip rap cost was felt to be most appropriate and advantageous for the County. According to the remaining exposed shoreline, staff expects that budgeted funding of $280,417 in the existing capital fund account (Smith Mountain Lake Park #30300043 57011) will be adequate to complete the project. If the entire shoreline project exceeds available funding prior to final completion of the project, then the maximum amount of shoreline would be completed, whereby any remaining shoreline coverage would be resumed once capital funding (additional $50K budgeted for FY 22) become available.

Staff respectfully recommended that the Board award and enter into a contract for shoreline stabilization at the Smith Mountain Lake Community Park to Lakeside Marina as submitted.

JAKES ANNUAL YOUTH OUTDOORS EVENT

For 20 years the Franklin County Longbeards Chapter of the National Wild Turkey Federation have held a JAKES (Juniors Acquiring Knowledge, Ethics and Sportsmanship) event in partnership with the County. This event has won 7 National Partnership Awards from the National Wild Turkey Federation and 15 state awards. Among the many worthwhile activities that happen at this event a popular one is the live firing of shotguns. Each year the JAKES event committee has received permission from the Board of Supervisors to allow live firing and they are once again coming to the Board for permission. This event is scheduled for June 5, 2021 at the Franklin County Recreation Park.

The Franklin County Longbeards have received approval from the Virginia Department of Health’s West Piedmont Health District to conduct this event. They will follow all current Virginia Department of Health and Center for Disease Control guidelines.

This activity will be conducted under the strict supervision of the Franklin County Longbeards Chapter NWTF and local law enforcement, who are qualified as instructors in firearm handling and safety. The group wishes to allow a live firing exercise with 20-gauge shotguns. Here are their requirements for participation in this exercise:

• Youths must be the ages of 11-17 years old to participate • Each youth will be allowed to shoot a total of 2 rounds

• Each youth will be closely supervised, one on one by a police officer or an adult committee member • Youth will be shooting at a still target • Eye and hearing protection will be required and provided. • The FC Longbeards Chapter of the NWTF also has their own insurance covering this event.

Staff respectfully recommended that the Board give permission to the Franklin County Longbeards Chapter of the National Wild Turkey Federation to conduct a live fire exercise in conjunction with the JAKES event at Franklin County Recreation Park on June 5, 2021.

FRANKLIN COUNTY SPEEDWAY PERMIT

As in years past, the Franklin County Speedway is requesting approval for the 2021 Annual Outdoor Occasion Permit for the racing season. The attached Outdoor Occasion Permit was enclosed for review.

All pertinent agencies per County Code Section 13-29.2 have signed off on the 2021 Outdoor Occasion Permit.

Per County Code Section 13-29.4 the fee of $100.00 has been remitted and deposited with the County Treasurer.

Staff respectfully requested the Board consider approval of the 2021 Outdoor Occasion Permit application submitted by Franklin County Speedway.

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(RESOLUTION #01-04-2021) BE IT THEREFORE RESOLVED by the Board of Supervisors to approve the consent agenda, with stipulation Mr. Chapman, Parks and Recreation Director, will follow-up on clarifying questions in regard to the SML community park shoreline stabilization contract award.

MOTION BY: Leland Mitchell SECONDED BY: Mike Carter VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

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JOHN HULL, EXECUTIVE DIRECTOR OF THE ROANOKE PARTNERSHIP

Mr. Hull presented the following presentation to the Board:

Chairman Thompson thanked Mr. Hull for his support of Franklin County and his attendance at the Board Meeting.

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MIKE BURNETTE, ASSISTANT COUNTY ADMINISTRATOR 1. Summit View Business Park Updates

The Franklin County Office of Economic Development continues work on a number of projects to increase the availability of jobs, attract new tax base, and raise the community’s quality of life. The continued construction of the Summit View Business Park (SVBP) is a critical piece of this effort. Periodically, County staff will update the Board on this effort and receive feedback on necessary steps moving forward.

Staff will update the Board on the progress of various initiatives at the Summit View Business Park. This will include an update on current expected timelines of construction projects underway, as well as upcoming construction and design projects at the Summit View Business Park.

Projects to be discussed include: • 24-Hour Library • D3 Road Segment and Pad Site Construction • Connector Road Design and Funding • Improvements to Farmhouse Area • Private Business Construction

Mr. Burnette presented the following presentation to the Board:

2. SVBP Farm Leases

When purchasing the Southway and Fike farms in 2015 and 2016 as a part of the future Summit View Business Park, the County agreed to a five-year first right of refusal for farming portions of the properties as part of the purchase contracts. Mr. Seth Jamison was specifically given this right per the agreement for the former Fike Farm property. Mr. Don Sink was named as the person to have these rights on the former Southway Farm property. More specifically, the agreements stipulated that only the acreage that the County decided to allow to be farmed annually would be part of the first right of refusal for farm leases. Both Mr. Sink and Mr. Jamison have farmed their respective portions of the property since the property closings as well as several years prior to the County acquiring the land. They have both been excellent stewards of the property and have been great partners to the County.

In addition to providing a small amount of revenue to the County, these farm lease arrangements are extremely beneficial in keeping much of the Summit View Business Park in an attractive state that does not require County effort or expense. Without them, nearly two hundred acres of the park would either grow up in unsightly weeds or have to be mowed by contractors or staff. Annually, staff projects what portions of the park will be needed or developed in the coming year and makes the remainder available for farming. Because economic development cannot always be predicted, the annual contracts allow the County to remove property from the lease agreement at any time if needed with only a small penalty. The attached proposed 2021 agricultural lease agreements between the County and the two interested farmers are structured similarly with specific acreages for each parcel. Mr. Jamison has farmed portions of the former Fike property for the County since 2016 and has done an excellent job. The five-year first right of refusal on the Fike Farm is still in effect and not set to expire until July 11, 2021. For this reason, staff recommends entering into a contract with Mr. Jamison for the 2021 agricultural season. The lease with Mr. Jamison allows for the farming of approximately thirty-four (34) acres in the south region of SVBP. Approximately ten to thirteen acres of this amount (fields #5 and #6) can be removed at any time by the County without penalty if needed. This area is so designated as it will be impacted/used if construction of the D3 road segment begins prior to the end of the agricultural season as expected. The proposed continuance of the $45 per acre price is in line with, and even slightly higher than, the NASS cropland rental rates for Franklin County published by Virginia Tech Cooperative Extension.

The proposed lease with Mr. Sink allows for the farming of approximately 147 acres in both the north region and south region of the Summit View Business Park. The first right of refusal period for the Southway Farm contract ran out on December 16, 2020. However, staff feels that Mr. Sink has done an exceptional job farming and caring for the property for several decades and provides a valuable source of knowledge about the property that has been very beneficial to the County. For this reason, staff recommends continuing the farm lease agreement with Mr. Sink for 2021. Because the County previously held a public hearing on the sale or lease of County property, including the parcels that make up the Summit View Business Park, a public hearing is not required to enter into the lease with Mr. Sink. The proposed continuance of the $45 per acre price for crops and $35 per acre for hay is in line with, and even slightly higher than, the NASS cropland and pastureland rental rates for Franklin County published by Virginia Tech Cooperative Extension.

Staff respectfully recommended Board approval of the proposed 2021 agricultural leases with Mr. Seth Jamison and Mr. Don Sink at the Summit View Business Park.

A copy of the leases are on file in County Administration.

(RESOLUTION #02-04-2021) BE IT THEREFORE RESOLVED by the Board of Supervisors to approve the proposed 2021 agricultural leases with Mr. Seth Jamison and Mr. Don Sink at the Summit View Business Park.

MOTION BY: Tim Tatum SECONDED BY: Tommy Cundiff VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

3. Coronavirus Relief Community Block Grant Program Partnerships

At its March meeting, the Board approved making application to the Department of Housing’s Community Development Block Grant (CDBG) program in the amount of $100,000. If approved, these funds would be used to assist with the provision of services at the Franklin County Free Clinic and food for aged and low-to-moderate income citizens. If the grant is awarded, the County will provide the Franklin County Free Clinic up to $50,000 in CDBG funds for staffing and related services to assist with COVID vaccinations. Additionally, up to $50,000 in CDBG funds will be split between the County’s Aging Services department and STEP, Inc. to provide food services to aging and low-to-moderate income citizens.

Making application for and, if approved, administration of CDBG funds can be a complex and time- consuming process. Staff resources are stretched with the administration of other services and will be pushed further with the coming federal ARPA funds. The West Piedmont Planning District Commission (WPPDC) has offered their assistance in applying for and administering the CDBG funds for the County. To formalize the responsibilities of the WPPDC and the County, a proposed Memorandum of Understanding (MOU) between the two parties has been drafted. Generally, the MOU makes the County responsible for paying invoices associated with the grant and providing documentation to the WPPDC as needed for reporting. The WPPDC will be responsible for making and submitting the CDBG application, providing documentation and reports as required, and coordinating project partners to ensure proper expenditure of grant funds. The WPPDC will receive up to $5,000 from the grant proceeds for administration services.

Staff respectfully recommended that the Board approve the attached Memorandum of Understanding with the WPPDC for the administration of a CDBG grant, if approved.

Grant Administration Agreement For Franklin County COVID Pandemic Response 2021

This Agreement, entered into this ____ day of ______, 2021, by and between the West Piedmont Planning District Commission, hereinafter referred to as the PDC, and Franklin County, Virginia, hereinafter referred to as the Grantee.

WHEREAS, the Grantee, was or will be awarded a $100,000 CDBG-CV grant in 2021 for the Franklin County COVID Pandemic Response 2021 Project; and

WHEREAS, the PDC is a political subdivision of the Commonwealth of Virginia and is authorized by the Virginia Regional Cooperation Act to assist member Local Governmental Units; and

NOW THEREFORE, the Grantee and PDC do mutually agree as follows:

1. GRANT AWARD The Grantee agrees to accept the CDBG-CV grant, if awarded, in the amount of $100,000 to be spent on COVID pandemic response activities to support Low- to Moderate-Income persons and coordinate all project participants and activities directly related to the overall administration of the project.

2. SCOPE OF WORK REQUIRED OF PDC The PDC agrees to provide grant administration services and coordination to the Grantee related to project implementation, and to do so in accordance with all the terms and conditions set forth in this agreement to the satisfaction of the Virginia Department of Housing and Community Development (DHCD). The PDC will carry out the work in conjunction with the Grantee, in compliance with the assurances and conditions set forth in the grant agreement executed between the Grantee and DHCD.

3. TIME OF PDC PERFORMANCE The PDC agrees to commence performance of the activities called for herein on the date of the execution of the agreement between the Grantee and DHCD. Said time of performance will coincide with the term of the agreement between the Grantee and DHCD.

4. DUTIES AND RESPONSIBILITIES OF THE PDC The PDC agrees to provide the following planning and management activities:

a. Pre-Contract Requirements – The PDC will assist the Grantee with the pre-contract requirements outlined in the DHCD Contract Agreement dated ______. b. General Record Keeping – The PDC will set up and maintain all necessary files for the Grantee. Files will contain all records, correspondence, and documentation related to the project. The PDC will provide initial response to all project related correspondence and identify the proper location of all correspondence within the project files. c. Procurement – The PDC will assist the Grantee in compliance with state and/or federal procurement legislation and regulation, if necessary.

d. Advertising – The PDC will prepare and/or review all advertisements and public notices to ensure that all requirements are met, as required. e. Management Team Meetings – The PDC will coordinate and attend all management team or project status meetings with the Grantee and other project partners. f. General Coordination and Administration – The PDC will coordinate project activities with partnering organizations to ensure the project is completed in accordance with DHCD and CDBG-CV guidelines and requirements. g. Drawdown Requests – The PDC will prepare and submit to Grantee all drawdown requests to DHCD when requested by the Grantee. h. Reporting – The PDC will prepare any reports required for the project until administrative closeout.

5. DUTIES AND RESPONSIBILITIES OF THE GRANTEE The Grantee agrees to do the following administrative activities:

a. Financial Record Keeping – the Grantee will maintain in its office at the county building, an official set of financial records of the CDBG-CV grant funding in this project, review, and sign all drawdown requests prepared by the PDC. b. General Record Keeping – The Grantee will notify the PDC of any correspondence pertaining to the project which appears to need prompt action. c. Audit – The Grantee will conduct an annual audit of all grant funds to be undertaken in conjunction with the Grantee’s annual audit. d. Advertising – The Grantee will pay for all advertisements related to the project. e. Benefit Tracking – The Grantee will satisfy any benefit tracking requirements after administrative closeout.

6. METHOD OF FUNDING The Grantee agrees to pay the PDC cash consideration not to exceed five thousand dollars ($5,000), which would constitute full and complete payment for the PDC’s management activities as stipulated in section 4 of this Agreement. Such sums shall be paid upon receipt of the PDC’s requisition for payment. Such requisitions shall specify that the PDC performed the work in accordance with the terms and conditions of the Agreement, and that the PDC is entitled to receive the amount requested.

It is expressly understood and agreed by all parties hereto that in no event will the total funding be paid to the PDC hereunder exceed the maximum sum of $5,000 for the activities stipulated in section 4. It is further understood that the PDC will request payment for only those costs incurred by the PDC in fulfillment of the work responsibilities outlined herein. If the PDC incurs cost in excess of the funds stipulated in this section, those costs will be offset by the general operating budget of the PDC. If the PDC completes its responsibilities for less than the contract amount, the Grantee will not be billed. In no case will the amount paid to PDC exceed the amount Grantee can use of grant funds for administration expenses.

7. AMENDMENT This contract may be amended from time to time by written authorization of the PDC and the Grantee and shall be subject to renegotiation if such amendment results in the change in the scope of services, compensation, and/or method of payment.

8. MISCELLANEOUS

a. Neither this contract nor any duties or obligations under this contract may be assigned by either party without the prior written consent of the other. b. This contract supersedes any and all other agreement, either oral or in writing, between the parties hereto with respect to the performance of the services contained herein, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this contract shall be valid or binding. Any modification of this contract will be effective only if it is in writing signed by both parties. c. If any provision of this contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. d. This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any dispute that may arise under this contract shall be heard in a court of competent jurisdiction in Franklin County, Virginia.

(RESOLUTION #03-04-2021) BE IT THEREFORE RESOLVED by the Board of Supervisors to approve the attached Memorandum of Understanding with the WPPDC for the administration of a CDBG grant.

MOTION BY: Mike Carter SECONDED BY: Lorie Smith VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

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BRIAN CARTER, DIRECTOR OF FINANCE AND HUMAN SERVICES 1. Monthly Report

Mr. Brain Carter, Director of Finance and Human Resources, presented the below PowerPoint.

General discussion ensued.

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TODD DANIEL, RESIDENT ENGINEER – VDOT 1. Monthly Report

Mr. Daniel went over the report that was given to the Board as it is found below.

MAINTENANCE

Maintenance Activities for Previous 30 Days: • Ordinary maintenance – Pavement (pothole) repair, gravel road repair, right of way brush cutting operations (County wide), shoulder repairs (County wide), storm water culvert repairs and cleaning (County wide) and guardrail repairs. • Route 795 (Stave Mill Rd.) – Pipe replacement due to recent flooding event; COMPLETED • Route 642 (Foothills Rd.) – Installation of a concrete slab span for existing structure; COMPLETED • Route 688 (Poteet Rd.) Bridge over Pigg River – Maintenance of timber structure; COMPLETED

Maintenance Activities for Next 60 Days: • Ordinary Maintenance – Pavement (pothole) repair, gravel road repair, right of way brush cutting operations (County wide), shoulder repairs (County wide), storm water culvert repairs and cleaning county wide, guardrail repairs. • Over the rail mowing to include primary and secondary routes. • Primary and secondary mowing operations to begin. • Route 647 (Kay Fork Rd.) – Preparation for pipe replacement for failed pipe; tentatively scheduled to begin in May 2021. • Route 759 (Rufus Rd.) – Low water structure replacement; in progress. Road closed to traffic; tentatively scheduled to reopen by end of April 2021. • Route 854 (Toms Knob Rd.) – Pipe replacement; tentatively scheduled for Summer 2021. • Route 1340 (Sleepy Hollow Rd.) – Pipe replacement; in progress. • Slope/slide repair on frontage road Route FR-611 (Cornell Rd.) and Bernard Rd. (Town of Rocky Mount); ongoing repair. • Route 220S - Preliminary work for pipe failure between frontage road Route FR-615 and Route 220S business ramp. • Route 122 (Booker T. Washington Hwy.) – Milling and asphalt patching from the intersection of Route 670 (Burnt Chimney Rd.) to the intersection of Route 699 (Angle Plantation) began the first week of March 2021. The majority of the work is complete, contractor will return at a later date for a few additional repairs. • Patching operations to begin in preparation for 2021 paving schedules.

Maintenance Activities for Next 60 Days (cont): • Route 764 (Carver Lee Rd.) – Installation of a concrete slab span; road closure located 0.60 miles south of Route 766 (Swelling Rd.) and 0.40 miles north of Route 606 (Haw Patch Rd.). Work to begin April 26, 2021 and scheduled to be completed on April 29, 2021. • Route 602 (Ferrum Mountain Rd.) – Installation of a box culvert. Road will be closed from 0.40 mile north of Rte. 752 (Sawmill Rd.) and 0.40 mile south of Rte. 640 (Six Mile Post Rd.). Work has been delayed. • Route 641 (Callaway Rd.) – Installation of a concrete slab span; road closure located 0.10 miles north of Route 737 (Deyerle Knob Rd.) and 0.40 miles south of Route 756 (Old Forge Rd.). Work to begin April 19, 2021 and scheduled to be completed on April 22, 2021.

LAND DEVELOPMENT & PERMITS

• 173 Active permits to include: 76 utilities, 77 private entrances, 5 commercial entrances, 4 roadside memorials, 2 private utility permits, 5 maintenance of traffic permits, 1 grading permits, 1 geotechnical bore and 2 locally administered permits. Of these, 13 were issued in March. 1 site plan review and 7 special use/rezoning applications: • Glade Hill Fire Department – Review of proposed fire station development in Glade Hill. • Ferron – Review of a special use application for short term rental.

• Holland – Review of special use application for short term rental. • Williams – Review of rezoning application for future business expansion. • Shepherd – Review of zoning amendment application. • BRT Westlake - Review of a special use application for a new cell tower. • Wingfield – Review of a special use application for outdoor display. • Montgomery – Review of special use application for pet boarding and grooming facility. Additional Land Development Activities: • Facebook Fiber Project – Intermittent flagging operations in the Callaway, Wirtz and Burnt Chimney area; flagging operations on Route 122. • Route 919 (Grassy Hill Rd.) – Waterline installation from Rte. 697 (Brick Church Rd.) to Rte. 812 (Jamestown Rd.); flagging operations. • Route 220 (Virgil Goode Hwy.) – Sewer line installation on Route 220 northbound from Rte. 1055 (Wooddale Dr.) to Rte. 983 (Shady Lane); right lane closure will be installed beginning April 12, 2021.

CONSTRUCTION

Franklin County • Route 40 (Franklin St.) Bridge over Tharp Creek – Removal and reconstruction of superstructure over Tharp Creek. Road closure will begin on February 3, 2021; detour is provided. Completion date is September 3, 2021. • Route 220 (Virgil Goode Hwy.) – Safety project to include shoulder and guardrail improvements from the intersection of Rte. 635 (Bonbrook Mill Rd.) to 0.2 mi. N. of Rte. T-1605 (Whispering Creek Rd) improvements for northbound only. Work in progress. Roanoke County – US220 • Route 220 Bridge over Back Creek – Bridge replacement to include increased width, 6-foot inside shoulder and 10-foot outside shoulder. The project includes grading to improve sight distance at the intersection of Route 657 (Crowell Gap Rd.) and Route 220. Northbound traffic is switched to the new bridge section and the existing northbound bridge is being removed. Route 220 crossover at Crowell Gap Road and Winter Drive is closed and no left turns are allowed. The project is scheduled to be completed in December 2021. • Route 220 southbound – Left turn lane construction in conjunction with the bridge construction at the crossover/intersection with Route 657 (Crowell Gap Rd.)

TRAFFIC STUDIES/SPECIAL REQUESTS

Requested Safety Studies: • Route 919 (Grassy Hill)/994 (New Plant Rd.) – Review of intersection for sight distance improvements. Completed Safety Studies: N/A

PROJECT STATUS

• Route 122 (Booker T. Washington Hwy.)/Route 636 (Hardy Rd.) – Original advertisement date delayed. Plan revision to include a round-a-bout intersection improvement. Bids received; project tentatively scheduled to start at the beginning of May. Contract substantial completion date is 11/2021, all work to be completed by May 2022. (UPC 109287) • Route 834/670 (Brooks Mill Rd./Burnt Chimney Rd.) – Construction of a roundabout at the intersection of Route 834 and Route 670; advertisement scheduled for February 2022. (UPC 111364) • Route 718 (Colonial Turnpike) – Bridge replacement. Work in progress; fixed completion date December 1, 2021. (UPC 55471)

Project Status (cont):

• Route 834 (Brooks Mill Rd.) – Safety project to include shoulder widening from the intersection of Route 670 (Burnt Chimney Rd.) to Route 616 (Scruggs Rd.); advertised in March 2021. (UPC 110888)

Supervisor R. Mitchell asked VDOT to look into the potholes that are within his district. Supervisor Cundiff asked VDOT to replace the signage In Union Hall.Supervisor Smith let VDOT know that the four-way stop by Blue Way is going very well.

2. Secondary Six Year Program (SSYP)

The Secondary Six Year Plan is updated annually based on funds allocated by the Commonwealth Transportation Board (CTB) to counties for the purpose of performing construction work on the secondary roadway system. Allocations are based on state revenue projections provided by the Department of Taxation.

The State of Virginia requires the Board of Supervisors to review and adopt by resolution the Secondary Six Year Plan (SSYP) annually.

There was no adoption of a FY2021-2026 SSYP due to the pandemic.

VDOT will have a work session for the Board of Supervisors on Tuesday, April 20th to discuss the upcoming FY 2022-2027 SSYP. A public hearing is being requested for the Board of Supervisors during the May public hearings.

Staff respectfully requests that the Board of Supervisors authorize staff to advertise for a public hearing to be held at its Tuesday, May 18th regularly scheduled meeting for the FY2022-2027 Secondary Six Year Plan (SSYP) consideration and adoption.

(RESOLUTION #04-04-2021) BE IT THEREFORE RESOLVED by the Board of Supervisors to authorize staff to make the suggested changes to Timber Line and authorize the residual funds after all the current projects are funded the County wide traffic services UPC staff to Red Valley.

MOTION BY: Tim Tatum SECONDED BY: Tommy Cundiff VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

(RESOLUTION #06-04-2021) BE IT THEREFORE RESOLVED by the Board of Supervisors to authorize staff to advertise for a public hearing to be held at its Tuesday, May 18th regularly scheduled meeting for the FY2022-2027 Secondary Six Year Plan (SSYP) consideration and adoption.

MOTION BY: Tim Tatum SECONDED BY: Tommy Cundiff VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

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CHRISTOPHER WHITLOW, COUNTY ADMINISTRATOR

Mr. Whitlow spoke about upcoming events and reminded the Board of VACo virtual trainings. He asked the Supervisors to please contact County Administration to register.

Mr. Whitlow informed the Board that the Diamond Avenue options are moving forward and staff is regularly meeting to get this accomplished.

Lastly, Mr. Whitlow alerted the Board of a potential intern funding opportunity with Go Virginia. *The Board then gave a consensus to move forward with the Go Virginia funding for the hiring of County interns*

*********************************

CLOSED MEETING

(RESOLUTION #07-04-2021) BE IT THEREFORE RESOLVED, by the Board of Supervisors to enter into a Closed Meeting in Accordance with 2.2-3711, (A)(1), Personnel Discussion of appointments to County Boards, Commissions, etc.; (A) (3) Discussion of the acquisition of real property or the disposition of real property; (A) (7) Consultation with legal counsel , (A) (29) Discussion of the terms of a public contract, where discussion in public would adversely affect the bargaining position or negotiating strategy of the County of the Code of Virginia, as Amended.

MOTION BY: Tim Tatum SECONDED BY: Tommy Cundiff VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

*Roll Call was taken*

MOTION: Tommy Cundiff RESOLUTION: #08-04-2021 SECOND: Tim Tatum MEETING DATE: April 20, 2021

WHEREAS, the Franklin County Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act and

WHEREAS, Section 2.2-3712(d) of the Code of Virginia requires a certification by this Franklin County Board of Supervisors that such closed meeting was conducted in conformity with Virginia law.

NOW, THEREFORE, BE IT RESOLVED, that the Franklin County Board of Supervisors hereby certifies that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Franklin County Board of Supervisors.

VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

*Roll call was taken*

******************* Chairman Thompson recessed the meeting for dinner.

******************

Chairman Thompson called the board meeting back to order.

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1. PUBLIC HEARING- The Franklin County Board of Supervisors will hold a public hearing at approximately 6:00 P.M., on Tuesday, April 20, 2021, at the Franklin County Government Center, 1255 Franklin Street, Suite 104, Rocky Mount, Virginia to consider proposed addition Chapter 20: Article VIII – License Taxes, Division 9 – Cigarette Tax. A complete copy of the proposed amendment to said ordinance is available in the Office of the Clerk to the Board of Supervisors, 1255 Franklin Street, Suite 112, Rocky Mount, Virginia 24151.

Brian Carter, Director of Finance and Human Services presented the following presentation:

Chairman opened the public hearing.

Jay Patel- Food Mart II in Windy Gap - he and his friends own many stores in Franklin County, and he is against the cigarette tax. He thinks as the tax is imposed the cost of the cigarettes will go up and less people will purchase the cigarettes. He is afraid that if people can not afford the cigarette tax they will steal the box. Madhan Ramidam- Please do not support the cigarette tax.

Girism Patel- Mr. Patel owns a convenience store in Franklin County and asks that the Board not support this tax.

Chiaah Patel- Pass

Vipul Baxi- Pass

Saef Khawaja- Pass

Mohammand Khawaja- Pass

Nirav Patel- Pass

Ahmed Patel- Mr. Patel asks that the Board does not put a tax on a cigarette because this will have an impact on other sales within the County as well. It will have a negative impact on the County.

Public hearing was closed.

Supervisor R. Mitchell is against this tax and he will not support this. Supervisor Cundiff believed this is an essential good in the County and he does not think we should tax them. Supervisor Tatum has done his homework and he does not know if this is worth the time and expense it will cost the County to implement. Supervisor Carter thanked the citizens for coming and would like to note that he had not thought about all of the implications of the tax and what that can have on the County. Supervisor L. Mitchell also noted that he cannot support this tax now, and he understands this year has been hard for small businesses and he does not want this to create an additional burden.

(RESOLUTION #09-04-2021) BE IT THEREFORE RESOLVED, by the Board of Supervisors deny the presented cigarette tax in Franklin County.

MOTION BY: Ronnie Mitchell SECONDED BY: Tim Tatum VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

***********************

2. PUBLIC HEARING- The County of Franklin will hold a public hearing on Tuesday, April 20, 2021, at approximately 6:00 P.M., in the Board of Supervisor’s Meeting Room to consider a proposed amendment to Chapter 20 of the Franklin County Code to be amended as follows:

Chapter 20: Section 20-241. Levy and rate: Proposed Amendment to read (A) Setting Transient Occupancy Tax at 7%, and (B) four-sevenths of the taxes collected shall be used for the general operation of the county government and three-sevenths of the taxes collected shall be designated and spent for promoting tourism, travel, or business that generates tourism in this locality.

Brian Carter, Director of Finance and Human Services presented the following presentation:

Supervisor Smith asked if this increase can be marked for tourism and only used in that capacity? Mr. Carter responded that is what the budget notes for this upcoming year.

Chairman opened the public hearing.

No one spoke.

Public hearing was closed.

(RESOLUTION #10-04-2021) BE IT THEREFORE RESOLVED, by the Board of Supervisors to approve the code amendment increasing the transient occupancy tax from 5% to 7% effective July 1, 2021.

MOTION BY: Mike Carter SECONDED BY: Tim Tatum VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, L. Mitchell, Tatum, Thompson NAYS: Cundiff, R. Mitchell, Smith

*Roll Call was taken* ***********************

3. PUBLIC HEARING- HEARING ON SETTING OF TAX LEVIES In accordance with Sections 15.2-1427 and 15.2-2507 of the Code of Virginia, as amended, notice is hereby given that the Franklin County Board of Supervisors will conduct a public hearing on Tuesday, April 20, 2021, at approximately 6:00 P.M. in the Government Center, 1255 Franklin Street, Suite 104, Rocky Mount, Virginia.

A HEARING TO SET TAX LEVIES FOR THE FOLLOWING CLASSES OF PROPERTY:

1. Setting a tax levy of $.61/$100 of assessed value on real estate, public service corporation property, and mobile homes; pursuant to the authority of 58.1-3200, 58.1- 3201, 58.1-3202, 58.1-3203, 58.1-3204, 58.1-3205 of the Code of Virginia, as amended.

2. Setting a tax levy of $2.41/$100 of assessed value on personal property, pursuant to the authority of 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3506 of the Code of Virginia, as amended.

3. Setting a tax levy of $1.89/$100 of assessed value on personal property, classified as heavy construction machinery, including but not limited to land movers, bulldozers, front- end loaders, graders, packers, power shovels, cranes, pile drivers, forest harvesting, and silvicultural activity equipment and ditch and other types of diggers owned by businesses pursuant to the authority of 58.1-3508.2 of the Code of Virginia, as amended.

4. Setting a tax levy of $0.70/$100 assessed value on machinery and tools based on original cost and declining depreciation over a 7-year period. By the seventh year of depreciation, the effective rate is $0.28 per $100 assessed value. This rate is levied pursuant to the authority of 58.1-3507(B) of the Code of Virginia, as amended.

5. Setting a tax levy of $1.08/$100 of assessed value on merchants' capital, pursuant to the authority of 58.1-3509, and 58.1-3510 of the Code of Virginia, as amended.

Brian Carter, Director of Finance and Human Services presented the following presentation: Supervisor Tatum noted he would like Mr. Carter to give an overview of the revenue that is generated by each penny of these tax rates, but this can wait until the next fiscal year. Supervisor Smith also asked that Mr. Carter provide the Board with information regarding relief to senior citizens within the County. Supervisor Cundiff asked for information regarding the cost of large motor homes and he thinks people are relocating in order to beat our current tax rate, but like Supervisor Tatum’s request, this can wait until next fiscal year.

Chairman opened the public hearing

No one spoke

Public hearing was closed

(RESOLUTION #11-04-2021) BE IT THEREFORE RESOLVED, by the Board of Supervisors approve the tax rates as presented.

1. Setting a tax levy of $.61/$100 of assessed value on real estate, public service corporation property, and mobile homes; pursuant to the authority of 58.1-3200, 58.1-3201, 58.1-3202, 58.1-3203, 58.1-3204, 58.1-3205 of the Code of Virginia, as amended.

2. Setting a tax levy of $2.41/$100 of assessed value on personal property, pursuant to the authority of 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3506 of the Code of Virginia, as amended.

3. Setting a tax levy of $1.89/$100 of assessed value on personal property, classified as heavy construction machinery, including but not limited to land movers, bulldozers, front-end loaders, graders, packers, power shovels, cranes, pile drivers, forest harvesting, and silvicultural activity equipment and ditch and other types of diggers owned by businesses pursuant to the authority of 58.1-3508.2 of the Code of Virginia, as amended.

5. Setting a tax levy of $1.08/$100 of assessed value on merchants' capital, pursuant to the authority of 58.1-3509, and 58.1-3510 of the Code of Virginia, as amended.

MOTION BY: Tim Tatum SECONDED BY: Leland Mitchell VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

*Roll Call was taken*

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4. PUBLIC HEARING- A HEARING ON THE PROPOSED FY 2021-2022 BUDGET In Accordance with Sections 15.2-2503 and 15.2-2506 of the Code of Virginia, as amended on Tuesday, April 20, 2021 at approximately 6:00 P.M. or soon thereafter, the Franklin County Board of Supervisors will conduct a hearing on the proposed FY 2021-2022 County budget at the Government Center, 1255 Franklin Street, Suite 104, in Rocky Mount, Virginia.

The following synopsis of the budget is provided for fiscal planning purposes only. No entry in the budget constitutes an obligation on the part of the County until such funds are appropriated by the Franklin County Board of Supervisors.

SYNOPSIS OF THE PROPOSED BUDGET FOR FISCAL YEAR FY 2021-2022 Proposed Percent Expenditure Function Expenditures of Budget General and Financial Administration $ 5,463,978 3.4% Judicial System 3,011,979 1.9% Public Safety 17,137,949 10.7% Public Works 4,558,924 2.8% Health and Welfare 15,489,266 9.7% Schools 97,243,282 60.6% Recreation and Cultural 2,610,505 1.6% Community Development 3,108,587 1.9% Debt Service 5,759,806 3.6% Non-Departmental 2,107,476 1.4% Capital Outlay 3,856,775 2.4% Utilities 24,000 0.0% Sub-Total $160,372,527 100.0% Transfers Between Funds 44,973,888 Total $205,346,415

Proposed Percent Revenue Function Revenues Of Budget General Property Taxes/Other Local Taxes $72,188,460 45.0% State Funds – County $15,294,750 9.5% State School Funds $46,196,895 28.8% Federal School Funds $15,150,294 9.5% Local School Funds $1,577,920 1.0% Other County/Federal Funds $9,964,208 6.2% Sub-Total $160,372,527 100.0% Transfers Between Funds $44,973,888 Total $205,346,415

Brian Carter, Director of Finance and Human Services presented the following presentation:

Chairman opened the public hearing No one spoke

Public hearing was closed

General discussion ensued.

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5. APPLICATION for REZONE – Application of Joel R. Shepherd, Applicant, and Shepherd Properties, LLC, Owners, requesting an amendment to an existing PCD zoning concept plan. The purpose of the request is to amend the existing PCD masterplan to adjust proposed building location, revise deviations and allow fire lane encroachment in landscape buffer without altering planting density. The property is currently partially zoned A-1, Agricultural, and PCD, Planned Commercial Development District, and located on Virginia Market Place Drive in the Boone District of Franklin County and is further identified by Franklin County Real Estate Records as Tax Map/Parcel # 0440000600. The property is also located within the 220 North Mixed Use Zoning Overlay District has a future land use designation of Commercial Mixed Use. (Case # REZO-03- 21-16864).

Steve Sandy, Assistant County Administrator presented the following presentation:

Joel Sheppard- Mr. Sheppard spoke to the Board and said this is a real great opportunity for Economic Development in the County and he thinks this is going to make a great difference. He thanked the Board for their consideration. He believes this is a substantial investment of around 10 million dollars and looks forward to more opportunities. This is going to be his company’s main distribution site.

Chairman opened the public hearing.

Andrew Lumsden-Mr. Lumsden let the Board know that he is here to answer any questions they may have.

Public hearing was closed.

Supervisor Smith asked if the existing stormwater model will be able to handle this new addition. Mr. Lumsden noted this is going to be the same location, but a simple modification will need to be made.

(ORDINANCE #12-04-2021)

APPLICATION FOR REZONE – APPLICATION OF JOEL R. SHEPHERD, APPLICANT, AND SHEPHERD PROPERTIES, LLC, OWNERS, REQUESTING AN AMENDMENT TO AN EXISTING PCD ZONING CONCEPT PLAN. THE PURPOSE OF THE REQUEST IS TO AMEND THE EXISTING PCD MASTERPLAN TO ADJUST PROPOSED BUILDING LOCATION, REVISE DEVIATIONS AND ALLOW FIRE LANE ENCROACHMENT IN LANDSCAPE BUFFER WITHOUT ALTERING PLANTING DENSITY. THE PROPERTY IS CURRENTLY PARTIALLY ZONED A-1, AGRICULTURAL, AND PCD, PLANNED COMMERCIAL DEVELOPMENT DISTRICT, AND LOCATED ON VIRGINIA MARKET PLACE DRIVE IN THE BOONE DISTRICT OF FRANKLIN COUNTY AND IS FURTHER IDENTIFIED BY FRANKLIN COUNTY REAL ESTATE RECORDS AS TAX MAP/PARCEL # 0440000600. THE PROPERTY IS ALSO LOCATED WITHIN THE 220 NORTH MIXED USE ZONING OVERLAY DISTRICT HAS A FUTURE LAND USE DESIGNATION OF COMMERCIAL MIXED USE. (CASE # REZO-03-21-16864).

WHEREAS, Joel R. Shepherd, Applicant, and Shepherd Properties, LLC, Owners, did file an application requesting an amendment to an existing PCD concept plan on a property located in the Boone District, and

WHEREAS, the property is identified in the Franklin County Real Estate Records as Tax Map # 0440000600 and is located on Virginia Market Place Drive, and

WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code of Virginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on April 13, 2021 and April 20, 2021, respectively, at which time parties in interest were given an opportunity to be heard, and

WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the request to amend previously approved PCD concept plan with ten (10) proffered conditions:

1) The property shall be developed in substantial conformance with the Rezoning and Special Use Permit Requests Concept Plan and Reports for Virginia Market Place dated October 31, 2006, revised January 2, 2007, prepared by Orient Bay, LLC and others, revised February 25, 2021, entitled “Virginia Market Place Commercial Center Revised Masterplan prepared by Lumsden Associates, P.C.

2) The maximum impervious coverage of the PCD District shall be 70% guaranteeing that a minimum of 30% of the PCD Area shall remain uncovered.

3) The designations of proposed uses as set forth on the Concept Plan are projected proposed uses and the exact uses are unknown. Accordingly, the developer reserves the right to reconfigure the proposed location of uses provided that any revision shall not exceed the total square footages proposed for the project and such use is permitted in the PCD zone, as amended. The following uses shall not be permitted uses: Boat Clubs, Cemeteries-Community and Commercial, Golf Clubs, Clubhouses, Golf Courses, Marians, Mobile Home Sales, Piers, docks-Commercial, and Railroad Facilities.

4) The Developer or his approved designee shall provide for Architectural Review for any building in order to assure that complementing forms and materials are used to create continuity within the development. Architectural detail shall be incorporated to create architectural character. Detail includes highlighting foundations, lintels, sills and cornices with contrasting materials and breaking up the mass of the building with bands at floor levels or projections at entries. Windows and doors shall have a regular pattern of solids and voids that are consistent throughout individual buildings. Buildings with flat roofs shall have a decorative cornice at the top of all walls. Appropriate screening shall be provided for any roof mounted mechanical equipment. Developer will confer with the Planning Department in regard to architectural design of any building (including the utility building for the sewage treatment plant) prior to site plan submission.

5) Solid waste disposal shall be handled individually on each site and all dumpster facilities shall be screened from adjacent properties.

6) Upon approval of the rezoning request the applicant shall submit a Traffic Analysis Report that meets Virginia Department of Transportation requirements for entrance permit approval.

7) The Developer will provide shared reciprocal parking agreements as the Developer deems necessary to assure adequate parking in the event of any future divisions of the property.

8) The proposed landscape material to be utilized within the required traffic median of the proposed entrance shall consist of low growth ornamental shrubbery that will not impede sight distance.

9) If necessary, to support the development, applicant shall encumber its adjoining property with an easement, running with the land, to provide for storm water management ponds to serve the subject properties and development.

10) All phone, cable and electric utilities serving the development and the sewer facility will be underground.

WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that such amendment will not be of substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community and APPROVED the request to amend the concept plan with the ten (10) proffered conditions as recommended by the Planning Commission.

THEREFORE, BE IT ORDAINED, that a copy of this Ordinance be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue, and the Franklin County Zoning Administrator and that the Clerk be directed to reflect this action to APPROVE the rezone request in the records of Franklin County.

On the motion by Ronnie Thompson to APPROVE the requested rezoning, and seconded by Tim Tatum, said motion was approved by the following recorded vote:

VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, Smith, Tatum, Thompson ABSTAIN: R. Mitchell

*Roll call was taken*

********************************* 6. APPLICATION for SPECIAL USE PERMIT - Application of C. Holland Perdue, III., Applicant, and Red Barn Developers, LLC., Owners, requesting a Special Use Permit, with possible conditions, to allow for a community dock, on an approximate 0.843-acre parcel, currently zoned A-1, Agricultural District, and located on Red Barn Lane in the Union Hall District of Franklin County and further identified as Tax Map/Parcel # 0460002601. This parcel has a future land use designation of Low Density Residential. Community docks are a permitted use in the A-1, Agricultural District, by issuance of a Special Use Permit by the Board of Supervisors (Case # SPEC-01-21-16822) Steve Sandy, Assistant County Administrator presented the following presentation:

Supervisor Smith asked if language can be added to the special use permit and require more language having to do with AEP review and/or approval? Mr. Guynn, County Attorney, spoke and noted language is included in the special use permit referencing AEP permitting.

C. Holland Perdue III- Mr. Perdue spoke to the Board and let them know he is willing to answer any questions.

Chairman opened the public hearing.

David Jones- Mr. Jones noted his concern about the change of the lake and the recent storms the County and the Coves have experienced. He asked the Board to investigate the sedimentation issues the lake is facing. Mr. Jones expressed concern for public safety due to the narrowness of the Coves and increased usage. He is also concerned about future expansion on this Cove.

Public hearing was closed.

Supervisor Carter let Mr. Jones know that FERC has recently started a study on sedimentation and the local Board of Supervisors is not able to do anything about this. Supervisor R. Mitchell asked if the applicants are wanting to add a ramp? Mr. Perdue said no, this is not suggested. Supervisor R. Mitchell asked if the Board could reach out to AEP and express the Board’s concerns about sedimentation. Supervisor Smith expressed that the TLAC group is working on this issue.

(RESOLUTION #13-04-2021)

APPLICATION FOR SPECIAL USE PERMIT – APPLICATION OF C. HOLLAND PERDUE, III., APPLICANT, AND RED BARN DEVELOPERS, LLC., OWNERS, REQUESTING A SPECIAL USE PERMIT, WITH POSSIBLE CONDITIONS, TO ALLOW FOR A COMMUNITY DOCK, ON AN APPROXIMATE 0.843 ACRE PARCEL, CURRENTLY ZONED A-1, AGRICULTURAL DISTRICT, AND LOCATED ON RED BARN LANE IN THE UNION HALL DISTRICT OF FRANKLIN COUNTY AND FURTHER IDENTIFIED AS TAX MAP/PARCEL # 0460002601. THIS PARCEL HAS A FUTURE LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL. COMMUNITY DOCKS ARE A PERMITTED USE IN THE A-1, AGRICULTURAL DISTRICT, BY ISSUANCE OF A SPECIAL USE PERMIT BY THE BOARD OF SUPERVISORS. WHEREAS, C. Holland Perdue, III, Applicant, and Red Barn Developers, LLC, Owners, did file an application requesting a Special Use Permit to allow for a community dock, on an approximate 0.843 acre property located in the Union Hall District, and

WHEREAS, the 0.843 acre property is currently zoned A-1, Agricultural District, and a community dock is a permitted use by issuance of a Special Use Permit in A-1 districts, and

WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code of Virginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on March 9, 2021 and April 20, 2021, respectively, at which time parties in interest were given an opportunity to be heard, and

WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the Special Use Permit with the following five (5) conditions:

1. Marina Permit needs to be obtained by the Virginia Department of Health and the bath house is limited use to Marina patrons only, not the entire Lakeside Farm at Smith Mountain Lake subdivision. 2. Any permits for building construction or repairs to the community dock or bath house facilities shall be discussed and approved by the Franklin County Building Official and Planning and Community Development. 3. Appalachian Power will need to be consulted on any permits from their agency and approved before use of community dock. Any permits after approval shall be submitted to the Zoning Administrator. 4. Franklin County Public Safety request storage access roads to allow for ingress/egress of emergency apparatus and approved by the Fire Marshall Official before use of the community dock. 5. Lakeside Farm at Smith Mountain Lake homeowners association and/or owners of the lots in the subdivision shall adhere to all septic pump out regulations in Section 17-8 of the Franklin County Code. WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that such use will not be of substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community and APPROVED the request for Special Use Permit.

THEREFORE, BE IT RESOLVED, that a copy of this Resolution be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue, and the Franklin County Zoning Administrator and that the Clerk be directed to reflect this action to APPROVE the Special Use Permit in the records of Franklin County.

On the motion by Tommy Cundiff to APPROVE the requested Special Use Permit, and seconded by Lorie Smith, said motion was approved by the following recorded vote:

VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

********************************* 7. APPLICATION for SPECIAL USE PERMIT – Application of Lakewood Capital Group, Applicant, and The Boardwalk Property Owners Association and The Farm Property Owners Association, Owners, requesting a Special Use Permit, with possible conditions, to allow for a boat storage yard for subdivision residents on an approximate 0.7 acre portion of a 7.53 acre property currently zoned A-1, Agricultural District, and located on Scruggs Road in the Gills Creek District of Franklin County and further identified as Tax Map/Parcel # 0480001500. This property has a future land use designation of Low Density Residential. Storage yards are a permitted use by

issuance of a Special Use Permit by the Board of Supervisors in A-1 zoning districts (Case # SPEC-12-20-16777).

Steve Sandy, Assistant County Administrator presented the following presentation:

Supervisor Smith asked if we have received an E&S plan for this yet? Mr. Sandy, Assistant County Administrator said no, this would be part of the site plan.

Andrew Lumsden- Mr. Lumsden spoke to the Board as he is representing the applicant. He noted that the first submittal of the E & S has been submitted and they have addressed the comments and will be summiting another. He also thinks the current shrubbery is sufficient and no further trees would be needed.

Chairman opened the public hearing.

Gary Flora- Mr. Flora wanted to tell the Board that he is against this because he is living right next to this Boat yard and he thought the Planning Commission was going to require a shrubbery screen, but since this is not the case, he is against this.

Rose Quinnin- She wants the Board to know if a boat yard is installed, she would like it to be aesthetically pleasing. She would like to see trees along the perimeter of this boat yard all year long. She thinks the owners have a right to have a boat yard, but it should be aesthetically pleasing.

Public hearing was closed.

(RESOLUTION #14-04-2021)

APPLICATION OF LAKEWOOD CAPITAL GROUP, APPLICANT, AND THE BOARDWALK PROPERTY OWNERS ASSOCIATION AND THE FARM PROPERTY OWNERS ASSOCIATION, OWNERS, REQUESTING A SPECIAL USE PERMIT, WITH POSSIBLE CONDITIONS, TO ALLOW FOR A BOAT STORAGE YARD FOR SUBDIVISION RESIDENTS ON AN APPROXIMATE 0.7 ACRE PORTION OF A 7.53 ACRE PROPERTY CURRENTLY ZONED A-1, AGRICULTURAL DISTRICT, AND LOCATED ON SCRUGGS ROAD IN THE GILLS CREEK DISTRICT OF FRANKLIN COUNTY AND FURTHER IDENTIFIED AS TAX MAP/PARCEL # 0480001500. THIS PROPERTY HAS A FUTURE LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL. STORAGE YARDS ARE A PERMITTED USE BY ISSUANCE OF A SPECIAL USE PERMIT BY THE BOARD OF SUPERVISORS IN A-1 ZONING DISTRICTS (CASE # SPEC-12-20-16777).

WHEREAS, Lakewood Capital Group, Applicant, and The Boardwalk Property Owners Association and The Farm Property Owners Association, Owners, did file an application requesting a Special Use Permit

to allow for a boat storage yard, on an approximate 0.7 portion of a 7.53 acre property located in the Gills Creek District, and

WHEREAS, the 7.53 acre property is currently zoned A-1, Agricultural District, and a boat storage yard is a permitted use by issuance of a Special Use Permit in A-1 districts, and

WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code of Virginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on March 9, 2021 and April 20, 2021, respectively, at which time parties in interest were given an opportunity to be heard, and

WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the Special Use Permit with the following four (4) conditions:

1. The property shall be developed in substantial conformance with the concept plan titled “Private Recreation Facility Boat Storage Area”, prepared by Lumsden Associates, P.C. and dated November 30, 2020. Expansion will require the issuance of a new special use permit by the Board of Supervisors.

2. Storage on the property shall be limited to only boats, personal watercraft, and trailers and all boats/personal watercraft/trailers stored on the property are to be in operable condition. No maintenance or repairs shall be allowed on the property. Storage area shall be fenced and gated. Access shall be provided to Franklin County Public Safety. The use shall be limited to that of The Farm subdivision.

3. No storage shall be allowed within yards or setback areas required by the Zoning Ordinance.

4. A minor site plan and landscape plan of the boat storage yard must be submitted to Franklin County Zoning Administrator for review and approval within sixty (60) days of approval of the special use permit.

5. Applicant shall install evergreen trees, minimum size of fifteen (15) gallon and six (6) feet tall, fifteen (15) feet apart and planted around the perimeter of the boat storage yard. The evergreen perimeter shall be included on the required landscape plan and installed within sixty (60) days of plan approval.

WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that such use will not be of substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community and APPROVED the request for Special Use Permit.

On the motion by Lorie Smith to APPROVE the requested Special Use Permit, and seconded by Ronald Mitchell, said motion was approved by the following recorded vote:

VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

*Roll call was taken*

********************************* 8. APPLICATION for REZONE – Application of Blankenship & Associates, Inc., dba Rocky Mount Tractor, Applicants, and Richard Wayne Blankenship and Leverne P. Blankenship, Owners, requesting a Rezone from A-1, Agricultural District, to B-2, General Business District, on an approximate 2.98-acre parcel located at 21289 Virgil H. Goode Highway in the Boone District of Franklin County and further identified as Tax Map/Parcel # 0360020201. The parcel is located in the 220-North Corridor Plan and has a future land use designation of Commercial Mixed Use. The purpose of this rezone is to allow the applicants to also apply for a Special Use Permit to allow for outdoor display on business property (Case # REZO-02-21-16828)

Steve Sandy, Assistant County Administrator presented the following presentation:

John Boitnoitt- Mr. Boitnoitt let the Board know he is willing to answer any questions.

Chairman opened the public hearing

No one spoke

Public hearing was closed

(ORDINANCE #15-04-2021)

APPLICATION FOR REZONE – APPLICATION OF BLANKENSHIP & ASSOCIATES, INC., DBA ROCKY MOUNT TRACTOR, APPLICANTS, AND RICHARD WAYNE BLANKENSHIP AND LEVERNE P. BLANKENSHIP, OWNERS, REQUESTING A REZONE FROM A-1, AGRICULTURAL DISTRICT, TO B- 2, GENERAL BUSINESS DISTRICT, ON AN APPROXIMATE 2.98 ACRE PARCEL LOCATED AT 21289 VIRGIL H. GOODE HIGHWAY IN THE BOONE DISTRICT OF FRANKLIN COUNTY AND FURTHER

IDENTIFIED AS TAX MAP/PARCEL # 0360020201. THE PARCEL IS LOCATED IN THE 220-NORTH CORRIDOR PLAN AND HAS A FUTURE LAND USE DESIGNATION OF COMMERCIAL MIXED USE. THE PURPOSE OF THIS REZONE IS TO ALLOW THE APPLICANTS TO ALSO APPLY FOR A SPECIAL USE PERMIT TO ALLOW FOR OUTDOOR DISPLAY ON BUSINESS PROPERTY (CASE # REZO-02-21-16828).

WHEREAS, Blankenship & Associates, Inc. Applicants, and Richard Wayne Blankenship and Leverne P. Blankenship, Owners, did file an application requesting a rezone from A-1, Agricultural District to B-2, General Business District, on an approximate 2.98 acre property located in the Boone District, and

WHEREAS, the 2.98 acre property is identified in the Franklin County Real Estate Records as Tax Map # 0110301800 and is located at 21289 Virgil Goode Highway, and

WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code of Virginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on March 9, 2021 and April 20, 2021, respectively, at which time parties in interest were given an opportunity to be heard, and

WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the rezone with four (4) proffered conditions:

1) Rocky Mount Tractor will use the property for “Sales, service and repair” as defined by Section 25-335 of the Zoning Ordinance of Franklin County.

2) Rocky Mount Tractor will use the property for “Outdoor displays on business property” as defined by Section 25-336 of the Zoning Ordinance of Franklin County.

3) Rocky Mount Tractor will use the property in substantial conformity with the revised concept plan prepared and submitted with the application.

4) Any other use of the property which is not conditional zoning permit and a special use permit proffered conditions will be the subject of application.

THEREFORE, BE IT ORDAINED, that a copy of this Resolution be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue, and the Franklin County Zoning Administrator and that the Clerk be directed to reflect this action to APPROVE the Special Use Permit in the records of Franklin County.

On the motion by Ronnie Thompson to APPROVE the requested rezoning, and seconded by Tim Tatum, said motion was approved by the following recorded vote:

VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, Smith, Tatum, Thompson ABSTAIN: R. Mitchell

*Roll call was taken*

****** *************************** 9. APPLICATION for SPECIAL USE PERMIT – Application of Blankenship & Associates, Inc., dba Rocky Mount Tractor, Applicants, and Richard Wayne Blankenship and Leverne P. Blankenship, Owners, requesting a Special Use Permit, with possible conditions, to allow for outdoor display on business property, on an approximate 2.98-acre parcel located at 21289 Virgil H. Goode Highway in the Boone District of Franklin County and further identified as Tax Map/Parcel # 0360020201. The parcel is located in the 220-North Corridor and has a future land use designation of Commercial Mixed Use. The approval of this Special Use Permit would be contingent upon approval of the applicant’s request for rezone from A-1 to B-2. Outdoor display on business property is a permitted use in the B-2, General Business District, by issuance of a Special Use Permit by the Board of Supervisors (Case # SPEC-02-21-16829).

Steve Sandy, Assistant County Administrator presented the following presentation:

Chairman opened the public hearing

No one spoke

Public hearing was closed

(RESOLUTION #16-04-2021)

APPLICATION FOR SPECIAL USE PERMIT – APPLICATION OF BLANKENSHIP & ASSOCIATES, INC., DBA ROCKY MOUNT TRACTOR, APPLICANTS, AND RICHARD WAYNE BLANKENSHIP AND LEVERNE P. BLANKENSHIP, OWNERS, REQUESTING A SPECIAL USE PERMIT, WITH POSSIBLE CONDITIONS, TO ALLOW FOR OUTDOOR DISPLAY ON BUSINESS PROPERTY, ON AN APPROXIMATE 2.98 ACRE PARCEL LOCATED AT 21289 VIRGIL H. GOODE HIGHWAY IN THE BOONE DISTRICT OF FRANKLIN COUNTY AND FURTHER IDENTIFIED AS TAX MAP/PARCEL # 0360020201. THE PARCEL IS LOCATED IN THE 220-NORTH CORRIDOR AND HAS A FUTURE LAND USE DESIGNATION OF COMMERCIAL MIXED USE. THE APPROVAL OF THIS SPECIAL USE PERMIT WOULD BE CONTINGENT UPON APPROVAL OF THE APPLICANT’S REQUEST FOR REZONE FROM A-1 TO B-2. OUTDOOR DISPLAY ON BUSINESS PROPERTY IS A PERMITTED USE IN THE B-2, GENERAL BUSINESS DISTRICT, BY ISSUANCE OF A SPECIAL USE PERMIT BY THE BOARD OF SUPERVISORS (CASE # SPEC-02-21-16829).

WHEREAS, Blankenship & Associates, Inc. Applicants, and Richard Wayne Blankenship and Leverne P. Blankenship, Owners, did file an application requesting a Special Use Permit to allow for outdoor display on a business property on an approximate 2.98 acre property located in the Boone District, and

WHEREAS, the 2.98 acre property is currently zoned B-2, General Business District, and outdoor display for business property is a permitted use by issuance of a Special Use Permit, and

WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code of Virginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on March 9, 2021 and April 20, 2021, respectively, at which time parties in interest were given an opportunity to be heard, and

WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the Special Use Permit with the following four (4) conditions:

1) All trailers/equipment displayed shall be in operable condition unless within an enclosed structure. The property cannot be used for the outdoor display of any farm equipment parts, motor parts, or any other used or new parts that are associated with products sold on the property.

2) No storage shall be allowed within yards or setback areas as required by the Zoning Ordinance.

3) Any proposed lighting of outdoor displays shall comply with the design requirements found in Section 25-157.5 of the County Code and be shielded and directed downward. Lighting plans shall be reviewed and approved by the Zoning Administrator prior to the installation of lighting.

4) A minor site plan of the storage yard must be submitted to Franklin County Zoning Administrator for review and approval within sixty (60) days of approval of the Special Use Permit.

On the motion by Ronnie Thompson to APPROVE the requested Special Use Permit, and seconded by Tim Tatum, said motion was approved by the following recorded vote:

BE IT THEREFORE RESOLVED by the Board of Supervisors to approve

VOTING ON THE MOTION WAS AS FOLLOWS:

AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson ABSTAIN: R. Mitchell

*Roll call was taken*

*********************************

10. APPLICATION for SPECIAL USE PERMIT – Application of Gerald Wingfield, Applicant, and Marlyn J. Bowman and Connie K. Bowman, Owners, requesting a Special Use Permit, with possible conditions, to allow for outdoor display on a business property. The property is currently zoned B-2, General Business District, and located on the corner of Route 122 and Burnt Chimney Road in the Gills Creek District of Franklin County and further identified by Tax Map/Parcel # 0280012000. The property has a future land use designation as the Village of Burnt Chimney and the property is located in the ½ mile buffer of the village. Outdoor display on a business property is a permitted use in the B-2, General Business District by issuance of a Special Use Permit by the Board of Supervisors (Case # SPEC-03-21-16868).

Steve Sandy, Assistant County Administrator presented the following presentation:

Chairman opened the public hearing

No one spoke

Public hearing was closed

(RESOLUTION #17-04-2021)

APPLICATION FOR SPECIAL USE PERMIT – APPLICATION OF GERALD WINGFIELD, APPLICANT, AND MARLYN J. BOWMAN AND CONNIE K. BOWMAN, OWNERS, REQUESTING A SPECIAL USE PERMIT, WITH POSSIBLE CONDITIONS, TO ALLOW FOR OUTDOOR DISPLAY ON A BUSINESS PROPERTY. THE PROPERTY IS CURRENTLY ZONED B-2, GENERAL BUSINESS DISTRICT, AND LOCATED ON THE CORNER OF ROUTE 122 AND BURNT CHIMNEY ROAD IN THE GILLS CREEK DISTRICT OF FRANKLIN COUNTY AND FURTHER IDENTIFIED BY TAX MAP/PARCEL # 0280012000. THE PROPERTY HAS A FUTURE LAND USE DESIGNATION AS THE VILLAGE OF BURNT CHIMNEY AND THE PROPERTY IS LOCATED IN THE ½ MILE BUFFER OF THE VILLAGE. OUTDOOR DISPLAY ON A BUSINESS PROPERTY IS A PERMITTED USE IN THE B-2, GENERAL BUSINESS DISTRICT BY ISSUANCE OF A SPECIAL USE PERMIT BY THE BOARD OF SUPERVISORS (CASE # SPEC-03-21- 16868).

WHEREAS, Gerald Wingfield. Applicant, and Marlyn J. Bowman and Connie K. Bowman, Owners, did file an application requesting a Special Use Permit to allow for outdoor display on a business property on an approximate 4.00 acre parcel located in the Gills Creek District, and

WHEREAS, the 4.00 acre property is currently zoned B-2, General Business District, and outdoor display for business property is a permitted use by issuance of a Special Use Permit, and

WHEREAS, after full consideration, the Franklin County Planning Commission recommended APPROVAL of the Special Use Permit with the following five (5) conditions:

1. The site shall be developed in substantial conformance to the site/concept plan entitled “New Stone Yard for Blue Ridge Stones Sales, LLC” dated August 3, 2020, prepared by Waller Engineering & Land Surveying, Inc./Christopher H. Waller, professional engineer. 2. Site plan and sign permit shall be required for review and approved by the Planning and Community Development Department. Western Virginia Water Authority requires the 12-inch watermain and water meter running along the Burnt Chimney Road property line to be shown on the site plan along with any existing easements. No structures shall be allowed in the existing easements. 3. Portable toilet facilities with water shall be required for employees per Franklin County Building Official. Applicant shall provide a maintenance/service agreement to the Franklin County Building Official. If abandoned car wash is to be used as part of the business a change of use is required by the Building Official. 4. Hours of operation shall be limited to Monday thru Friday from 8:00 a.m. to 5:00 p.m. and Saturday 8:00 a.m. to 12:00 p.m. when available. 5. Owner/Applicant shall obtain all necessary permits from Virginia Department of Health

On the motion by Lorie Smith to APPROVE the requested Special Use Permit, and seconded by Tommy Cundiff, said motion was approved by the following recorded vote:

VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith, Tatum, Thompson

*Roll Call was taken*

*********************************

Public Comment Period Continued

Brian Wood-Mr. Wood is the Vice President of the Franklin County Militia and he wanted to speak to the Board regarding the militia. He wanted to clear the air and let the Board know that no county militia member was present at a Black Lives Matter event with an AK47 and no member was walking down the road with an AK47. He restated that the militia would like to uphold safety and security within the County.

Walters Drew- Mr. Drew spoke of the unorganized Franklin County Militia and he wants all members of Franklin County to have their constitutional rights. He wants all citizens to be able to speak freely and safely. He wants to be supportive of events and public safety in the County. Mr. Drew quoted a code section regarding unorganized militias. He thanked the Franklin County Board for passing the 2nd Amendment Sanctuary last year and he wants the Board to know they are against intimidation and making anyone uncomfortable.

Gerald Conner- Mr. Conner wanted to tell the Board what the unorganized militia is and he wants the Board to know they are not what the mainstream media makes them out to be. They are young, they are old, they are all citizens of Franklin, and care deeply of their family. Franklin County is a special place where everyone likes to feel safe and secure. They are not white supremacists, Nazis, racists, and will not try to overturn their government. They can facilitate donations and raise money for local families.

Ron Kohler- Mr. Kohler wanted to speak about short-term rentals and he talked to the Board about their codes and their deterrence and punishment. Mr. Kholer gave the Board a copy of a recent case that went to court regarding a short-term rental and voiced his frustration. He asked the Board to please look into civil penalties and please talk to the judges of the County, so they take this offense seriously.

David Davis- No comment.

Linda Davis- No comment.

Glenna Moore- Ms. Moore told the Board if someone googles Franklin County 5/10 of the most popular citizens are African Americans. She focused on one of the citizens (Adam Clayton Powell) and explained the accomplishments he had throughout his life. He struggled with poverty and his family moved to West Virginia. Ms. Moore told the Board she was not born with all of the rights that Tommy Cundiff and Ronnie Thompson were. She also told the Board the statues of the daughters of the confederacy are beacons of white supremacy and can be found throughout the South.

Larry Moore- No comment.

***************

(RESOLUTION #18-04-2021) BE IT THEREFORE RESOLVED, by the Board of Supervisors to enter into an Option to Purchase agreement with Champion Homes in regards to the former Modukraf facility in Rocky Mount.

MOTION BY: Lorie Smith SECONDED BY: Ronald Mitchell VOTING ON THE MOTION WAS AS FOLLOWS: AYES: Carter, Cundiff, L. Mitchell, R. Mitchell, Smith Tatum, Thompson NAYS: Cundiff, R. Mitchell Smith

*Roll Call was taken*

*********************** OTHER MATTERS BY SUPERVISORS

Supervisors R. Mitchell asked if Parks and Recreation can work with GIS to development signage for Waid Park and the trails within it. He also has asked for the Board to allow for the youth group of the Diversity and Inclusion Committee to present to the Board. *A consensus was reached to allow this for a twenty-minute presentation at a future Board Meeting. * Supervisor R. Mitchell thanked the Board of allowing extra money for salaries in the Sheriff’s Department.

Supervisor Tatum wanted to take the time to thank the Franklin County militia and he wants them to know that he is a strong supporter of the 2nd amendment.

*************************** Chairman Thompson recessed the Board Meeting until the Board’s Budget Adoption on May 4th, 2021 at 4:00 PM in the Board of Supervisors Room.