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07-17-2012 adjourned meetingAdjourned Meeting July 17, 2012 Pittsylvania County Board of Supervisors Tuesday, July 17, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, July 17, 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 7:00p.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, Mr. Odie Shelton, Jr., Director of Code Compliance, 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. Harville, seconded by Mr. Snead, to approve the agenda with the following additions/deletions: Additions: (a) Board of Assessors Compensation (b) Music Festival Permit Application- Carson Lester (c) Pittsylvania County Director of Economic Development and the Industrial Development Authority (Mr. Harville) (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) Mount Hermon Medical Center (f) End of Declaration of Emergency (to be placed on the Consent Agenda) Deletions: (1) Item 23 (Mr. Barksdale) – Closed Session Discussion of performance of employees of the public body where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: §2.2-3711 (A)(1) of the Code of Virginia, 1950, as amended Subject Matter: Conduct Purpose: Personnel Issue Mr. Harville’s motion was unanimously approved by the Board. Hearing of the Citizens Mr. Matthew Speck of the Staunton River District related a childhood story concerning wisdom, thanked the Board of all they do for the citizens of the County, and offered a word of prayer. Adjourned Meeting July 17, 2012 Ms. Debra Dix of the Chatham-Blairs District gave thanks for the Citizens Forum regarding uranium mining concern, and shared a letter she sent to the State of North Carolina asking that North Carolina alert adjacent Pittsylvania County communities also when issuing their state’s air quality alerts and read North Carolina’s response letter. Ms. Hazel Fontaine of the Callands-Gretna District asked for a speed study on the area of SR 512/Banister Road where the 4-year old child was struck by a car, and hoped the speed would be reduced to 25 mph due to frequent bus stops and children playing in the area, and that Watch of Children signs be requested as well. This concluded the Hearing of the Citizens. Consent Agenda (a) Rabies Clinic – Danville Area Humane Society (DAHS) (b) Region One – August 2012 Payment (c) Supplement Agreement/Danville-Pittsylvania Regional Industrial Facility Authority (DPRIFA) – Cost Sharing (d) End of Declaration of Emergency (to be placed on the Consent Agenda) (added) Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the Consent Agenda which was unanimously approved by the Board. Public Hearing Rezoning Cases: Case 1: Dry Creek Properties, LLC – Westover District; R-12-027 Mr. Barber opened the public hearing at 7:18pm. Mr. Shelton explained that Dry Creek Properties, LLC, had petitioned to rezone 0.42 acre, located on State Road 1031/Suburban Drive in the Westover Election District from R-1, Residential Suburban Subdivision District toB-2, Business District, General (to make the zoning consistent with the adjacent parcel zoned B-2 and for future sale of the property).The Planning Commission, with no opposition, recommended granting the petitioner’s request. Ramsey Yeatts was there to represent the petition. No one signed up so speak and Mr. Barber closed the public hearing at 7:19pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R-12-027 from R-1 to B-2. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Harville’s motion to rezone Case R-12-027 from R-1 to B-2 was unanimously approved by the Board. Case 2: Donna L. Byrd – Staunton River District; R-12-028 Mr. Barber opened the public hearing at 7:19pm. Mr. Shelton explained that Donna L. Byrd had petitioned to rezone 40.85 acres, located on State Road 668/Level Run Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District toA-1, Agricultural District (for agricultural use (horses and cattle) and to make the zoning consistent with the adjacent parcels of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Ronald Hickox was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:21pm. Motion was made by Mr. Ecker, seconded by Mr. Barksdale, to approve rezoning Case R-12-028 from R-1 to A-1. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker- Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Barber- Yes. Mr. Ecker’s motion to rezone Case R-12-028 from R-1 to A-1 was unanimously approved by the Board. Adjourned Meeting July 17, 2012 Case 3: Randolph B. Chandler – Staunton River District; R-12-029 Mr. Barber opened the public hearing at 7:22pm. Mr. Shelton explained that Randolph B. Chandler had petitioned to rezone 7.64 acres, located off State Road 924/Pocket Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjacent parcel of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Randolph Chandler was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:23pm. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve rezoning Case R-12-029 from R-1 to A-1. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman; and Mr. Barber-Yes. Mr. Ecker’s motion to rezone Case R-12-029 from R-1 to A-1 was unanimously approved by the Board. Case 4: Russell A. Eades – Staunton River District; R-12-030 Mr. Barber opened the public hearing at 7:34pm. Mr. Shelton explained that Russell A. Eades had petitioned to rezone 2.10 acres, located off State Road 668/Grit Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to MHP, Residential Manufactured Housing Park District (to combine with the adjacent parcel of land zoned MHP). Mr. Shelton recommended a Site Plan showing the proposed development of the two (2) acres; however, the applicant has requested rezoning of the property without a Site Plan. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Russell Eades was there to represent the petition and submitted the following proffer and stated a site development plan would be submitted as well. Adjourned Meeting July 17, 2012 No one signed up to speak and Mr. Barber closed the public hearing at 7:25pm. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve rezoning Case R-12-030 from R-1 to MHP with the submitted proffer. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman; Mr. Ecker; and Mr. Barber-Yes. Mr. Ecker’s motion to rezone Case R-12-030 from R-1 to MHP was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearing No Thru Trucks- Callands-Gretna District: Public Hearing to receive citizen input on the proposal to restrict truck traffic from SR 750/Green Pond Road (off RT 57 West) to SR 800/Anderson Mill Road; to SR 799/Climax Road; to RT 40 West. The Alternate Route would be for trucks on RT 57 West to continue east to the Town of Chatham; then follow U.S. RT 29 North until reaching RT 40; thence taking RT 40 West. The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck. Mr. Barber opened the public hearing at 7:27pm. Mr. Sleeper explained that there had been concern on the narrowness of the road and the amount of commercial truck traffic on the advertised route from VA RT 57 to VA RT 40 and that the Honorable Jerry Hagerman has requested a “No Thru Trucks” resolution be considered for public hearing and if approved, be forwarded on to the Virginia Department of Transportation. The following persons signed up to speak: Mr. Jim Wagner of the Callands-Gretna District, whose career field is Forestry, questioned if there had been a study of the amount of truck traffic on the currently used route for VA RT 57 to VA RT 40 and that to use the suggested alternate route would put an undue burden of additional miles and gas expense on the drivers, in addition to how important this route was for the forestry industry. Mr. Wagoner suggested the Board look at all aspects of this issue and to consider getting direct input from the Department of Forestry and landowners alike. Ms. Tammy Whitt, of the Callands-Gretna District, lives on Climax Road / SR799, and voiced concerned about vehicles using excessive speed; of trucks using the road as a shortcut to VA RT 40 and that because of the narrowness of the road, meeting such trucks has become highly dangerous and supported the resolution. Ms. Annegret Wiegmann of Chatham voiced safety concerns concerning the roads not being designed for commercial traffic and believed that lowering the speed limit would improve what currently was a dangerous situation. Mr. Arthur Brunner of 3211 Climax Road /SR799 also stated the traffic appeared to be going too fast (approximately 55-60mph) and felt speed limits should be restricted to 40mph, and that the road was too narrow for commercial truck traffic. Mr. Ken Scruggs of the Tunstall District, and a professional forester and local timber buyer, stated the forest industry needed the current route being used and the forest industry couldn’t afford to absorb the cost that would incur from using the proposed alternate route, and the landowners selling timber would also lose profit from their timbers sales since these additional costs for a more lengthy route would have to be passed onto the customers. Mr. Scruggs further voiced his concerns on the ability of some trucks to pass beneath the low train trestle, which presents a potential safety hazard. Mr. Max Kendall, of Kendall Lumber, stated the Board to consider instead requesting that VDOT widen the existing truck routes (SR 750, 800, and 799) by 18 inches to 2 feet on each side of the road, and this would greatly benefit both sides of the issue. Furthermore, Mr. Kendall pointed out that if you divert that amount of commercial truck traffic into the Town of Chatham, the Town’s residents would be the next group of people in front of the Board complaining. Adjourned Meeting July 17, 2012 Ms. Audrey Fox of 2813 Greenpond Road stated that road was very curvy, had a high traffic county, and was not built to accommodate the amount of traffic currently traveling it. Ms. Fox stated the major problem was speeding by all vehicles and suggested VDOT lower the speed limit to 45mph. Mr. Bobby Trucker of the Callands-Gretna District and the Museville community was opposed to the truck restriction, mostly because he did not believe in imposing restrictions on certain types of traffic. Mr. Tucker stated that only 1 truck has been involved with traffic incidents on that road, and questioned if the No Thru Trucks restriction was imposed, would that also prohibit utility trucks, farm trucks pulling trailers, and etc. from using the current route. Mr. Joe Rodgers, of Chatham and the current Mayor for the Town of Chatham, presented a written statement for record on the behalf of the Town of Chatham. Adjourned Meeting July 17, 2012 Mr. Rodgers commented that Dominion Power alone had over 10,000 trucks per year that used the current route from VA RT 57 to VA RT 40 and it created numerous difficulties for the trucks to come through the Town of Chatham as opposed to their current route. Mr. Roy Byrd, Council Member for the Town of Chatham, and Fuel Procurement Manager for the Dominion Power Plant, stated the current truck route was critical for Dominion Power, and that as a Town Councilman, the issue becomes where are you going to spend money to accommodate the truck traffic-the current route or the proposed route, as each has issues. As a 10- year veteran of the Virginia Transportation Board, Mr. Byrd stated that the one thing he learned is that the propose of highways was to distribute traffic and if the Board restricts truck traffic from RT 750, you will concentrate all this truck traffic through the Town of Chatham. Dominion Power is the largest taxpayer in Pittsylvania County and saves over 2 million barrels of oil a year for fuel consumption and furthermore, has extended $163 million to the timberers of this County. His suggest would be to start with lowering the speeds on the roads in question and then petition VDOT to widen those same roads. Mr. Roger Jefferson, of the Callands-Gretna District, is a dairy farmer on the Climax Road who markets 88% of the milk in Pittsylvania County, and the largest dairy farmer in the Commonwealth of Virginia, and stated his business can’t operate if the trucks can’t come in and out of his business. He was not in support of restricting the truck traffic and suggested the more reasonable solution would be to lower speeds and have them enforced. Mr. Chad Shelton of the Callands-Gretna District runs a lumber business with his father and stated the current truck route was the primary corridor for moving their products and agreed with earlier suggestions of enforced lowered speed limits and widening the roads. Mr. Bill Black of the Banister District worried about the quality of life in Chatham if an excess of 10,000 trucks were added to the Town traffic. Furthermore, long carriers cannot make the turn going north onto Main Street if cars are parked at the post office and trucks making a turn onto VA RT 57 E can’t make that turn either, making this alternate route an impossible route for truckers to use. Mr. David Falson of Dominion Power stated that SR 750 is crucial to the operation of Dominion Power and that in 7 years and over 10,000 loads, none of their trucks had been involved in an incident. Adjourned Meeting July 17, 2012 Ms. Carolyn Moon of the Westover District and forestry consultant that assists private owners in the sale of their timber stated this proposed restriction is a form of restricting commerce and agrees with the earlier proposed solutions of reduced speed limits and widening of the roads currently being used. Mr. Nelson Giles, Jr. of Chatham stated that the roads/shoulders of the current routes are not adequate for trucks, but it is the shortest and most economical route to use. Speed limit enforcement, Mr. Giles stated, is a necessity no matter how the Board votes. Mr. Peter Pilser of the Climax Road complained about the noise the truck traffic created and that slowing the traffic down via enforced speed limits would certainly help. Mr. Richard Shields of the Callands-Gretna District sympathized with both sides of the issue, and that the most important thing to be done would be enforcing reduced speed limits. Mr. Roy Van Der Hyde of the Chatham-Blairs District and Van Der Hyde Dairy Farms, agreed with Mr. Jefferson’s comments. Mr. Tommy Motley of the Callands-Gretna District also agreed with Mr. Jefferson and that if truck traffic was diverted to the Town, and a truck got hung up at the train trestle, not only would it stop vehicle traffic, it could stop train traffic as well. Mr. Kevin Owns of the Callands-Gretna District, who lives on the Climax Road, stated some of the craziest driving was from car drivers, not truck drivers, and restricting truck traffic would not answer the safety issues currently experienced on that road; that speed limits need to be lowered for all road traffic and enforced. Mr. Jay Calhoun of the Gretna-Callands District stated the truck restriction was a way of restricting commerce that’s harvested in this County and that route is a thorough faire route on the VDOT maps; it is important to identify and solve the road problems, not restrict traffic. Ms. Lori Berrios of the Climax area, spoke in favor of the restrictions. Mr. Donnie Moore of the Callands-Gretna agreed with previous comments on speed reduction and road widening. Mr. Steven Veal, who lives on Anderson Road and is a truck driver, stated that a tractor trailer can’t make the turns in the Town of Chatham and agreed with previous comments concerning the limitations and road widening. Mr. Frank Fox of the Chatham-Blairs District felt this proposal alternate route was an example of unintended consequences and that the problem would being moved instead of fixed. No one else spoke and Mr. Barber closed the public hearing at 8:21pm. Motion was then made by Mr. Hagerman, seconded by Mr. Ecker, to forward the resolution onto VDOT for consideration. Mr. Harville made a substitute motion, seconded by Mr. Snead, to ask VDOT to extend the roads by 18 inches on each side, and to immediately post 45mph speed limit signs. Furthermore, Mr. Harville stated that he would be willing to forfeit his 6-year funds to fix this road problem, and that the County needed to send a strong message to the Commonwealth of Virginia concerning this matter. The Board then approved Mr. Harville’s substitute motion by a 6-1 majority vote, with Mr. Hagerman opposing. This concluded the Public Hearings. Unfinished Business At the July 2, 2012 meeting of the Board, a 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 that had now been met and the following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Adjourned Meeting July 17, 2012 Hagerman-Yes; Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Snead’s motion to rezone Case R-12-030 from R-1 to MHP was unanimously approved by the Board. New Business Dr. Laura Gately, Regional Director for the Department of Health, discussed the National Health and Nutrition Examination Survey, and that Pittsylvania County was fortunate to be one of areas asked to participate in this survey. Dr. Gately asked that the Board of Supervisors consider approved Letters of Support from both the Board of Supervisors and the County Administrator’s Office in order that the County could participate in this program. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Letters of Support, authorize the Chairman to sign on behalf of the Board and the County Administrator to sign, and forward these letters to Dr. Gately, which was unanimously approved by the Board. Motion came from the Property and Buildings Committee to authorize Shannon Miller to take photographs of the members Board of Supervisors to be placed on the foyer wall of the Captain Martin Building going into Conference Room and a group picture on the brick wall adjacent to County Administration offices. The Committee’s motion was unanimously approved by the Board. Motion came from the Finance Committee to appropriate from unappropriated funds up to $40,000 to cover a 9.8% increase over the rates budgeted based on the FY2012. This motion required a 10-Day Layover. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to set a joint public hearing with the Virginia Department of Transportation to be held at 7pm on Monday, August 6, 2012 on the Six-Year Plan with VDOT Secondary Roads, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve a request made by the Honorable Teresa Easley, Treasurer, for an air quality study in her department to see if the air is safe and whether or not there are any bacteria issues. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Ms. Bowman, to approve in Interdepartmental Transfer for FY2012 of the Electoral Board, in the amount of $3,895.84 from the Registrar’s budget to the Electoral Board’s budget, to clean up a yearend deficient; and to transfer from the Building Inspections budget to the Zoning Departments’ budget $2,676.30, also to cover a FY2012 yearend budget deficient, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve an Interdepartmental Transfer for Line of Duty Act 2014 Expenditures as follows: 100-4-031200-5306 +15,314.00 100-4-033100-5306 +10,324.00 100-4-032200-5306 -25,638.00 NET EFFECT -0- Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to amend the Jail’s budget and approve an appropriation of $4,095.25 for the Jail Telephone Commission. The following Adjourned Meeting July 17, 2012 Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; Mr. Snead; and Mr. Barber-Yes. Mr. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Ms. Bowman, to amend the library’s budget and appropriate $2,716.00 to the telephone line item (100-4-073100-5230) from funds collected in fax machine receipts. The following Roll Call Vote was recorded: Mr. Barksdale- Yes; Mr. Hagerman-Yes; Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; Mr. Snead; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to appropriate the Records Preservation Grant received in the amount of $4,976.00 in that grant’s line item 250-4- 021911-5800. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman- Yes; Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; Mr. Snead; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to send the review of the Solid Waste Ordinances, Chapters 17, 29, and 32, to the Solid Waste Committee, which was unanimously approved by the Board. Added Items Motion was made by Mr. Harville, seconded by Mr. Ecker, to refer to the Finance Committee consideration of compensation for the Board of Assessors, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Ms. Bowman, to approve a Music Festival Permit application from Carson Lester which was unanimously approved by the Board. Motion was then made by Ms. Bowman, seconded by Mr. Ecker, to waive the 21-day submission prior to approval on the same application from Mr. Lester, which also was unanimously approved by the Board. Mr. Barber referred the discussion of a contract between Ken Bowman, the Director of Economic Development, and the Industrial Development Authority, to be vented at Personnel Committee. Mr. Harville then stated as Chairman of that Committee, he would set a meeting date for the next meeting date of the Board in August. Motion was made by Mr. Harville, seconded by Mr. Snead, to upfront $40,500 for expenses in the water extension at Mount Hermon, with each of the two developers paying back 1/3 of that cost, that the developers would be responsible for their tap fee connections, and that said developers would sign a performance agreement agreeing to those terms, which was unanimously approved by the Board. This money involved would be going to the Pittsylvania County Service Authority. Board Announcements Motion was made by Mr. Snead, seconded by Mr. Hagerman, to appoint James McLaughlin to the Alcohol Safety Action Program (ASA) for a 3-year term beginning August 20, 2012 and ending August 19, 2015, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Hagerman, to appoint Ann Stratton as the At-Large representative for FY2012/13 to the Community Policy and Management Board, which was unanimously approved by the Board. Adjourned Meeting July 17, 2012 Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to unanimously approve Kim Van Der Hyde as the government representative for FY2012/13 to the Community Policy and Management Board, which was unanimously approved by the Board. Board Annoucements Mr. Ecker thanked everyone for coming to the August 9, 2012 Citizens Forum and hoped to make recommendations to the full Board at the August adjourned meeting. He also stated there would be a Solid Waste Committee meeting on August 21, 2012. Ms. Bowman stated there would be a Legislative Committee meeting at 5pm on August 21, 2012. She also stated she recently spoke at the Dry Fork Ruitians meeting and enjoyed learning about their organization. Mr. Barksdale also stated he appreciated the turnout at the Citizens Form and to contact either himself or Mr. Ecker if anyone wanted a copy of the taped meeting. Mr. Snead thanked everyone calling on his wife’s recent emergency surgery, and asked everyone to keep Mr. Calvin Neal in their prayers as he was hospitalized. Mr. Tim Barber reminded everyone of his upcoming State of the County address at the Chamber Breakfact. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 9:55pm. Adjourned Meeting July 17, 2012