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07-02-2012 regular meetingRegular Meeting July 2, 2012 Pittsylvania County Board of Supervisors Monday, July 2, 2012 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, July 2, 2012 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:06p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District Coy E. Harville Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Brenda H. Bowman Chatham-Blairs District Marshall Ecker Staunton River District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the agenda with the following additions/deletions: Additions: (a) Pittsylvania County Schools Request (b) Pittsylvania County Service Authority – Mt. Hermon (c) School Appointment – Community Policy Management Board (d) Letter to Danville City Council concerning $50 charge to County residents using the City Library (Mr. Snead) (e) Water Testing for Citizens (Mr. Hagerman) (f) Solid Waste Fee (Mr. Harville) (g) Scenic River Trip down the Dan River (f) Ratification of Emergency Declaration for storms during the weekend beginning Friday, June 30, 2012 (h) Letters of Commendation to E911/Volunteer Fire & Rescues in Pittsylvania County during Emergency Declaration due to storms during the weekend beginning Friday, June 30, 2012 Deletions: (1) Item 4c – Set Public Hearing for changes to the 2012 Budget (2) Item 14 – Set Public Hearing for changes to the 2013 Budget Mr. Ecker’s motion was unanimously approved by the Board. Hearing of the Citizens Ms. Joyce Wright, Principal of the Mt. Airy Elementary School , made comments of non- support in regards the board’s decision to make the School Board pay the entire reimbursement of Comprehensive Services Act (CSA), in the amount of $250, 000, for the next ten years, and asked the Board of Supervisors to reconsider the Finance Committee’s recommendation that the two boards split the reimbursement cost. Mr. Gerald Milliman of the Staunton River District offered a word of prayer. Regular Meeting July 2, 2012 Ms. Elizabeth Jones, of the Banister District and Chairman of the local Democratic Party, congratulated the citizens of Pittsylvania County on affordable health care due to the health care reform being upheld by the U.S. Supreme Court. Ms. Jones also asked why there wasn’t a summer session for students in need of remedial classes, and questioned how the $350,000 of funds from the WorkForce Investment Act were being spent for summer youth programs/jobs. Ms. Lynn Gibson of the Dan River District made comments against the Solid Waste Fee and hoped there was a way to collect this fee from renters/lessees other than the landlords collecting it. Mr. Richard Shumate of the Westover District made comments against the Solid Waste Fee. Mr. James Dehart of the Westover District commended the members of the Board of Supervisors who voted in favor of the School Board paying back the entire CSA reimbursement, and also made comments opposing the Solid Waste Fee and encouraged the Board to find ways to save money. Mr. Joshua Jennings of the Tunstall District was in favor of Mr. Harville’s proposal to rescind the Solid Waste Fee; comments opposing the car decal fee increase; opposed paying for Region One, and felt if the Board controlled spending it could rescind the Solid Waste Fee. Mr. Jennings stated it was very likely he would run as a candidate to represent the Tunstall District in the next election. Mr. Darrell Burnett of the Chatham-Blairs District, stated the Board should implement the Solid Waste Fee per household and directed all those fees strictly to the landfill as legislated. Mr. Burnett further stated the Board should hold its ground on having the School Board pay the CSA reimbursement. Mr. Burnett also said the Board should do something about real estate and personal property tax, and to get businesses separated from personal property tax. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: June 2, 2012 – Regular Meeting June 19, 2012 – Special Call Meeting June 19, 2012 – Adjourned Meeting (b) Bill List – June 2012 (online) (c) Music Festival Permit Application – Tomahawk Mills Winery (d) Ratify Letter for Program Administrator (Pittsylvania County Community Action, Inc.) – 2013 Subrecipient Designation – Indoor Plumbing Rehabilitation Loan Program Motion was made by Mr. Snead, seconded by Mr. Hagerman, to approve the Consent Agenda which was unanimously approved by the Board. Public Hearing Public Hearing to receive citizen input on an emergency declaration by the Pittsylvania County Board of Supervisors to amend Section 6.1.2(A) and 6.1.2(B); Bi-Annual Payment of Tax Levy, of the Pittsylvania County Code, moving the due date for County tax payment from June 5, 2012 to Monday, July 16, 2012, for the Year 2012 only. Mr. Barber opened the public hearing at 7:28. Mr. Sleeper explained that the Pittsylvania County Board of Supervisors approving their budget for the 2012/13 year was delayed by the lack of action of the General Assembly, putting the County in a pressed time schedule for getting the tax tickets printed and out to the citizens of the County. Therefore, the Board of Supervisors agreed to extend for the year 2012 the actually deadline for tax payment from June 5, 2012 until Monday, July 16, 2012, for the year 2012 only. No one signed up to speak and Mr. Barber closed the public hearing at 7:29pm. Motion was made by Mr. Snead, seconded by Mr. Regular Meeting July 2, 2012 Barksdale, to approve amends to Section 6.1.2(A) and 6.1.2(B); Bi-Annual Payment of Tax Levy, of the Pittsylvania County Code, moving the due date for County tax payment from June 5, 2012 to Monday, July 16, 2012, for the Year 2012 only. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. This concluded the Public Hearings. New Business A recommendation as a motion came from the Solid Waste Committee to purchase a camera to be moved from site to site concerning solid waste violations and to use citation fees involving solid waste violations to pay for the camera. This motion was approved by a 6-1 majority vote of the Board, with Mr. Harville opposing. No recommendations came from the Animal Pound Committee; however the Committee unanimously approved changing its name to the Animal Welfare Facility Committee. Mr. Harville made a motion to rescind the Solid Waste Fee and send it back to the Finance Committee for review, but the motion failed for a lack of a second. Chairman Barber allowed Mr. Harville to present his added item of the Solid Waste Fee at this time. Mr. Harville made comments opposing the Solid Waste Fee and stated that he felt it was a burden on the citizens, and that Board was funding the Constitutional Offices $4,377,849 more than was mandated and why should the Board exceed mandated funding for the Constitutional Offices when they don’t for the School Board. Mr. Harville requested that a Finance Committee meeting be set for July 17, 2012. Motion was made by Ms. Bowman, seconded by Mr. Ecker, approve the July 2012-June 2013 proposals from Dewberry & Davis, Inc. for: 1) Storm water monitoring for the Pittsylvania County Landfill, Virginia Pollutant Discharge Elimination System (VPDES) Permit No. VAR051524, to include laboratory fees, for an total estimated cost of $9,500; 2) Gas monitoring for Phase I & Phase II for the Pittsylvania County Landfill, Department of Environmental Quality (DEQ) Permit No. 571, at a cost totaling $6,800; and 3) Groundwater monitoring for Phase I & Phase II, including laboratory fees, for the Pittsylvania County Landfill DEQ Permit No. 571, at a cost totaling $88,800 and; 4) authorize the County Administrator to sign all necessary documentation, noting this was an anticipated annual cost that was budgeted for. Ms. Bowman’s motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve Change Order No. 1, in the amount of $25,095 for a contract with Haymes Brothers, Inc., which was change the contract’s new total amount to $1,950,803.30, and authorize the County to sign all necessary documentation, noting the change order is within the bond budget for Phase II of the Pittsylvania County Landfill, and was brought about due to a required change by the DEQ for landfill sedimentation basin. Mr. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to set a public hearing date for July 17, 2012, to receive citizen input on “No Thru Trucks” restrictions, in accordance with §46.2-809 of the Code of Virginia, 1950, as amended, on Green Pond Road/SR 750 to its intersection with Anderson Road/SR 800, to its intersection with Climax Road/SR 799, until Climax Road intersects with Virginia Route 40; the Alternate Route being to following Virginia Route 57 East into the Town of Chatham, take U.S. Route 29 North until it intersects with Virginia Route 40 and then turn west onto Virginia Route 40. Mr. Hagerman stated that due to Regular Meeting July 2, 2012 citizen complaints, and the recent accidents on these roads, he felt in the interest of public safety these routes should be designated as “No Thru Trucks”. Mr. Hagerman’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Ecker, for the reappropriation of funds as follows: $175,00 to Sheriff-Wrecker Service (100-4-031200-3170), $2,312.09 to Sheriff- Subsistence & Lodging, $10,620.04 to Sheriff-Parts (100-4-031200-6030), $7,742.35 to Sheriff- Svc Costs-Labor (100-4-031200-0631), $70.38 to Jail-Extradition (100-4-033100-5550), $37,351.07 to WIA-Rent (251-4-353160-5420), $388.39 to Solid Waste Disposal-Parts (520-4- 042400-6030), $700.00 to Landfill-Box Site Improvements (520-4-042400-8134). This motion required a 10-Day Layover. Motion was made by Mr. Ecker, seconded by Mr. Barksdale, to amend the Sheriff’s Office budget and approve the $1,100.00 received as Project Lifesaver donations to line item 100-4-031200-5882. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead- Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Ecker’s motion was unanimously approved. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to amend the Sheriff’s Office 2011/12 budget and appropriate $2,135.00 of funds collected for the National Night Out that will be held on August 7, 2012 to line item 100-4-031200-5880 and to approve and appropriate a total of $2,417.27 (that includes $282.27 of carryover funds remaining from last year’s National Night Out)) to the Sheriff’s Office 2012/13 budget in line item 100-4-031200- 5880. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Barksdale motion was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to appoint one member from each electoral district to the Board of Assessors. A substitute motion was made by Mr. Harville, seconded by Mr. Snead, to appoint three (3) members to the Board of Assessors. After discussion, Mr. Snead called for the question, which passed by a 6-1 majority vote of the Board, with Mr. Ecker opposing. Mr. Harville amended his substitute motion to state that three (3) members, representing the north, middle and southern part of the County should be appointed, and submitted the following names, who were 3 of the 4 members on the previous Board of Assessors: Mr. B.G. Atkinson, Mr. Clyde Burnette, and Mr. Jack Miller. After discussion, Mr. Snead called for the question, which failed by a 3-4 vote of the Board and discussion continued. Mr. Snead then called for the question to stop debate, seconded by Ms. Bowman, which passed by a 6-1 majority vote of the Board. Mr. Harville’s substitute motion was then voted on, and failed by a 3 – 4 vote of the Board, with Mr. Barksdale, Mr. Hagerman, Ms. Bowman and Mr. Ecker opposing. Ms. Bowman’s motion was then voted on and passed by a 4-3 majority vote of the Board, with Mr. Harville, Mr. Snead and Mr. Barber opposing. Added Items Motion was made by Mr. Barksdale, seconded by Mr. Snead, to consider the School Board’s request that the Board of Supervisors consider rescinding their previous motion that the School Board solely pays the CSA reimbursement. Mr. Barksdale motion failed by a 5-2 majority vote of the Board. Motion was made by Mr. Harville, seconded by Mr. Hagerman, to authorize the County Administrator to work with the Pittsylvania County Service Authority with up to $50,000 of economic development funds to provide the necessary water and sewer connections under the Regular Meeting July 2, 2012 Franklin Turnpike to the proposed Danville Regional Medical Center, noting that connection between the water and sewer lines to the facility will be the responsibility of the developer. A substitute motion was made by Ms. Bowman, seconded by Mr. Barksdale, to postpone making a decision on this water and sewer project until meeting with the developer and Danville Regional to discuss the medical center project. Ms. Bowman’s substitute motion passed by a 4-3 majority vote with Mr. Harville, Mr. Snead and Mr. Barber in opposition. Motion was made by Mr. Harville, seconded by Mr. Snead, to postpone the school board appointment on the Community Policy and Management Board (CPMB) until the next Board meeting on July 17, 2012. A substitute motion was by Mr. Ecker, seconded by Mr. Hagerman, for the County Administrator to send a letter from the Board to Mr. James McDaniel, stating that he can either serve on the CPMB Board, as outlined in the CSA Corrective Plan, or resign his position as school superintendent. The Board unanimously approved Mr. Ecker’s substitute motion. Motion was made by Mr. Snead, seconded by Mr. Ecker, to send a letter to the Danville City County on the Board of Supervisors displeasure at the City charging County residents $50 to use the City’s library when the County’s bookmobile drives into the City at no cost to City residents. Mr. Snead’s motion passed by a 6-1 majority vote of the Board, with Mr. Harville opposing. Mr. Greg Sides, Assistant County Administrator for Planning and Development, informed the Board there would be a canoeing on Friday, July 6, 2012, with members of the Virginia Department of Conservation and Recreation who were reviewing the request that a 13- mile portion of the Dan River be designated as a Scenic River Destination. The 4-mile canoeing would begin at Mr. Harville’s property and end in the City of Danville, and any Board member wishing to participate could do so. Motion was made by Mr. Harville, seconded by Mr. Snead, to ratify a Declaration of Emergency that had been issued for severe storms over the weekend; the Declaration of Emergency becoming effective June 30, 2012, which was unanimously approved by the Board. Regular Meeting July 2, 2012 Motion was made by Mr. Snead, seconded by Mr. Harville, to direct the County Administrator to write Letters of Commendation to members of the E911 Center who worked during the Declaration of Emergency, and to include writing Letters of Commendation to the County’s Volunteer Fire & Rescue Squads, God’s Pit Crew and Dan Valley Foods, which was unanimously approved by the Board. Regular Meeting July 2, 2012 Board Announcements Mr. Harville addressed the audience that there would be a Citizen’s Forum on Uranium Mining on July 9, 2012, but that was not a Board of Supervisors meeting. Mr. Snead stated that as Chairman of the Finance Committee, he would poll the other committee members on if and when they wanted to meet, and would notify the Chairman of the Board of Supervisors and the County Administrator concerning when a Finance Committee meeting would take place. Ms. Bowman stated that for the record, she sought an opinion from the Attorney General’s Office and the from Pittsylvania County Commonwealth Attorney’s Office on Conflict of Interest and received a response that it was not a Conflict of Interest for her to serve on the Board while her husband was Director of Economic Development, and that she could ask him questions about economic development just as any other member of the Board could, and she felt that comments made during items discussing in the meeting were personal attacks on her and her husband. Mr. Ecker reminded everyone of the Citizen’s Forum to be held on July 9, 2012 in the General District Courtroom and that it was an opportunity for people both for and against uranium mining in Pittsylvania County to speak. Mr. Barksdale would be chairing the forum and encouraged everyone to attend and present their views. Mr. Ecker also asked that everyone keep all those who have lost their homes (due to the fires out West), and those who’ve had damage from the weekend storms, in their prayers. Mr. Hagerman said there would be a fundraiser organized by Team Nurse in Gretna for the 4-year old hit by a car out in the Banister District with the proceeds to pay off the mother’s car so she can visit her son in the hospital. Any funds collected were to be kept in a vault by Team Nurse and won’t be used of anything except paying on the car. The fundraiser would be held on July 14th, and he passed out flyers with all the details. Closed Meeting Motion was made by Mr. Snead, seconded by Mr. Harville, to enter into Closed Session for: Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultations or briefings in open meeting would adversely affect the negotiating or litigation posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring provision of legal advice to such counsel. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson vs. Pittsylvania County Purpose: Briefing on Litigation Status Mr. Snead’s motion was unanimously approved by the Board and the Board of Supervisors entered into Closed Session at 9:43pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on July 2, 2012 the Board hereby certifies by a recorded vote that to the best of each board member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state Regular Meeting July 2, 2012 prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Jerry A. Hagerman Yes Marshall A. Ecker Yes Brenda H. Bowman Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board re-entered Open Meeting at 10:28pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Ecker to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 10:29pm.