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08-21-2012 adjourned meetingAdjourned Meeting August 21, 2012 Pittsylvania County Board of Supervisors Tuesday, August 21, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, August 21, 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, Mr. Kenneth L. Bowman, Director of Economic 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. Harville, seconded by Mr. Snead, to approve the agenda, which was unanimously approved by the Board of Supervisors. Hearing of the Citizens Mr. Gerald Milliman, of the Staunton River District, thanked the Board for all they do for the citizens of the County and offered a prayer. This concluded the Hearing of the Citizens. Consent Agenda (a) Regional One – September payment (b) Resolution honoring 225th Anniversary of the U.S. Constitution Motion was made by Mr. Snead, seconded by Mr. Harville, to approve the Consent Agenda which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-08-04 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday, August 21, 2012, the following resolution was presented and adopted: Adjourned Meeting August 21, 2012 WHEREAS, September 17, 2012 marks the 225th anniversary of the signing of the Constitution of the United States of America at the Constitutional Convention, providing a historic opportunity for all Americans to remember the achievements of our Founding Fathers and to reflect on the actions of Americans who for the past 225 years have defined the words of the Constitution by exercising their rights and responsibilities as citizens; and WHEREAS, the Constitution is fundamentally predicated on governance by “We the People”, making citizens’ understanding the Constitution and its framework an essential element of the future of our country and the civic health of its populace; and WHEREAS, it is fitting and proper to read, study, and preach the greatest document of human liberty and to protect the freedoms set forth in the Bill of Rights; and WHEREAS, in recognition of the signing of the Constitution and of Americans who strive to fulfill the duties and responsibilities of citizenship, by joint resolution of February 29, 1952 (36 U.S.C. 106 as amended), requested that the President proclaim the week beginning September 17 and ending September 23 of each year as “Constitution Week”; and WHEREAS, it is fitting and proper to officially recognize this remarkable document and the milestone anniversary of its creation, and the additions to it in the form of 27 amendments; then NOW, BE IT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors that September 17-23, 2012 be and is hereby recognized as Constitution Week throughout Pittsylvania County, and calls this observance to the attention of all our citizens and encourages that the independence and freedoms guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to all local media sources. Public Hearing Rezoning Cases: Case 1: Ronnie G. Warren & Anna W. Warren – Westover District – R-12-031 Mr. Barber opened the public hearing at 7:04pm. Mr. Shelton explained that Ronnie and Anna Warren had petition to rezone 14.02 acres, located on SR 854/Locust Drive, in the Tunstall Election District, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to subdivide a lot for their son). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Ronnie Warren was there to represent the petition. No one signed up so speak and Mr. Barber closed the public hearing at 7:05pm. Motion was made by Mr. Snead seconded by Mr. Harville, to approve rezoning Case R-12-031 from R-1 to A-1. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Snead’s motion to rezone Case R-12-031 from R-1 to A-1 was unanimously approved by the Board. Case 2: Hattie Cabiness Wilson – Deceased – Tunstall District – R-12-032 Mr. Barber opened the public hearing at 7:05pm. Mr. Shelton explained that the family of Hattie Cabiness Wilson had petitioned to rezone 1.79 acres, located on SR 612/Wyatt Farm Road, in the Tunstall Election District, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the adjacent parcel of land and for future sale of the property). The Planning Commission, with no opposition, recommended Adjourned Meeting August 21, 2012 granting the petitioner’s request. Glenda Ann Wilson was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:06pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R-12-032 from R-1 to A-1. 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-12-032 from R-1 to A-1 was unanimously approved by the Board. Case 3: Michael John Sauer – Chatham-Blairs District; R-12-033 Mr. Barber opened the public hearing at 7:07pm. Mr. Shelton explained that Michael John Sauer had petitioned to rezone 37.42 acres, located on SR 750/Whitmell School Road, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to RC- 1, Residential Combined Subdivision District (to allow for placement of a second dwelling, a modular home, on the property). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Michael Sauer was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:08pm. Motion was made by Ms. Bowman, seconded by Mr. Ecker, to approve rezoning Case R-12-033from R-1 to RC-1. The following Roll Call Vote was recorded: Ms. Bowman; 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-12-033 from R-1 to RC-1 was unanimously approved by the Board. Case 4: Willie Allen, Jr. and Joyce Allen – Staunton River District; R-12-034 Mr. Barber opened the public hearing at 7:10pm. Mr. Shelton explained that Willie Allen, Jr., and Joyce Allen had petition to rezone 3.57 acres, located on SR 638/Harmony Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A- 1, Agricultural District (to make the zoning more compatible with the adjacent parcel of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Attorney James Kent was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:11pm. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve rezoning Case R-12-034 from R-1 to A-1. The following Roll Call Vote was recorded: Mr. Ecker; 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- 12-034 from R-1 to A-1 was unanimously approved by the Board. Case 5: Michael Mayhew – Staunton River District; R-12-035 Mr. Barber opened the public hearing at 7:112pm. Mr. Shelton explained that Willie Allen, Jr., and Joyce Allen had petition to rezone 3.96 acres, located on SR 638/Harmony Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A- 1, Agricultural District (to make the zoning more compatible with the adjacent parcel of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Attorney James Kent was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:13pm. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve rezoning Case R-12-035 from R-1 to A-1. 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-12-035 from R-1 to A-1 was unanimously approved by the Board. This concluded the Rezoning Cases and the Public Hearings. Adjourned Meeting August 21, 2012 Unfinished Business At the Board of Supervisors regular meeting on August 6, 2012 a motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve amendments totaling $1,711,125.10 to the 2012 Budget, which required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. At the Board of Supervisors regular meeting on August 6, 2012 a motion was made by Mr. Snead, seconded by Mr. Ecker, to approve amendments totaling $1,528,083.33 to the 2013 Budget, which required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. At the Board of Supervisors regular meeting on August 6, 2012 a motion was made by Mr. Harville, seconded by Mr. Barksdale, for the reappropriation of funds as follows: $57.38 to Sheriff-Policeman (100-4-031200-1039), $1,233.37 to Sheriff-Parts (100-4-031200-6030), $597.00 to Sheriff-Svc Costs-Labor (100-4-031200-6031), $8,042.53 to Sheriff-Capital Outlay Vehicles (100-4-031200-8105), $61.71 to Jail-Extradition (100-4-033100-5550), $578.79 to Animal Control-Overtime (100-4-035100-1200), $250.00 to Animal Control-Repairs & Maintenance (100-4-035100-3110), $260.00 to Library-Postage (100-4-073100-5210), $13,158.66 to WIA-Rent (251-4-353160-5420) that required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. New Business Motion came from the Finance Committee to the full Board of Supervisors to set the compensation fee for the Board of Assessors at $150 per day, which the Board of Supervisors approved by a majority vote of 6-1, with Mr. Harville opposing. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve a carryover in the amount of $599 (for a software purchase) to the Ag Development Office Supply line item (100- 4-082500-6001). The following Roll Call Vote was recorded: Ms. Bowman; Mr. Ecker; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve Change Order 2 in the Gamewood-Kimbanet contract for a total amount of $54,500.00 due to tower modifications at the Brosville Tower ($48,500.00) and removal of existing equipment at the Courthouse Tower ($6,000) in the County’s E-911 Radio System Upgrade Project; and to authorize the County Administrator to sign all necessary documents. Funds had been budgeted to handle these anticipated costs. The Board unanimously approved Mr. Snead’s motion. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the appropriation of $20,000 from Unappropriated Surplus, and upfronting this $20,000 along with the budgeted contribution of $10,000 to the Danville Lifesaving Crews for a capital equipment purchase in Adjourned Meeting August 21, 2012 order for the Danville Lifesaving Crew to draw down an additional $30,000 match. This motion required a 10-Day Layover. Ms. Diane Arnold, Director of the Longwood Small Business Development Center, came before the Board to request a $10,000 contribution for the FY2012/13 for the operation of their program. Motion was made by Mr. Snead, seconded by Mr. Barksdale to appropriate $10,000 from Unappropriated Surplus. This motion required a 10-Day Layover. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve a Proposal from Dewberry of Danville in the estimated amount of $12,500 for Phase I & Phase II Alternate Source Demonstrations for the Pittsylvania County Landfill operating under DEQ Permit #571, and to authorize the County Administrator to sign all necessary documentation pending approval by Legal Counsel. Funds had been budgeted for this anticipated cost. Mr. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to set a public hearing for September 18, 2012 to advertise required changes to the permit fees for Building Permits, which was unanimously approved by the Board. Motion came from Ms. Bowman, seconded by Mr. Barksdale, to postpone indefinitely Item 18 – Use of County Letterhead-Policy Issue and send the issue to the Legislative Committee. A substitute motion came from Mr. Harville, seconded by Mr. Snead, to not postpone the issue. The substitute motion failed by a 3-4 majority vote of the Board, with Mr. Barksdale, Mr. Hagerman, Ms. Bowman and Mr. Ecker opposing. The Board then passed Ms. Bowman’s original motion by a majority vote of 5-2, with Mr. Harville and Mr. Barber opposing. This issue was sent to the Legislative Committee. Motion was made by Mr. Snead, seconded by Mr. Ecker, to authorize the County Administrator to sign a new agreement with the City of Danville, dated July 1, 2012 through July 1, 2013 for the W.W. Moore Detention Facility, and authorize the County Administrator to sign all necessary documentation associated with this agreement, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Ecker, to approve the Organizational Cooperative Agreement for 2012 between the Counties of Bedford, Franklin, and Pittsylvania County for the operation of the Tri-County Lake Administrative Commission (TLAC), and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Appointments Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to appoint Deborah Lovelace as the Callands-Gretna District Representative on the Board of Assessors, which was unanimously approved by the Board. Board Announcements Mr. Ecker stated that the July 9, 2012 Citizen Forum had been recorded to disc and was available to be borrowed, and that anyone interested in doing so should contact either himself or Mr. Barksdale. Adjourned Meeting August 21, 2012 Ms. Bowman stated that she and Mr. Barber had attended the Tunstall Fire and Rescue’s 50th anniversary on August 11, 2012. Ms. Bowman also attended an NAACP Back to School Rally. And, Ms. Bowman said the Beautification Committee was planning a Fall Clean Up day in September. Mr. Barksdale stated he was a member of the VACo Environmental/Agriculture Committee and was told at a meeting of that committee he recently attended that a uranium meeting would be on the steering committee agenda at the VACo annual meeting in November. Mr. Snead stated he recently attended a VACo budget committee meeting and that the committee would meet again at the VACo annual conference in November. Mr. Snead also stated that he would be serving on another VACo steering committee concerning legislative items to send to the General Assembly. Mr. Barber noted that Mr. Benny Summerlin, County Administrator for Henry County, Virginia, had passed away and asked everyone to keep his family in their thoughts. Mr. Barber also stated that Mr. Tim Hall, previously the Deputy County Administrator, had been appointed by the Henry County Board of Supervisors as their new County Administrator. County Administrator Announcements Mr. Sleeper stated he would be attending a VSRS (Virginia State Retirement System) workshop. Mr. Sleeper also reminded the Board they had been invited to Intertape’s 25th Anniversary on September 19, 2012. Lastly, Mr. Sleeper stated the Department of Conservation and Recreation that portions of the Dan and Banister Rivers had met the criteria for consideration as Scenic River Designations. Closed Session Motion was made by Mr. Snead, seconded by Mr. Harville, to enter into Closed Session for the following: Closed Session: Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probably 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) Code of Virginia, 1950, as amended Subject Matter: Eagle Pointe Shores/Discussion of calling in Letters of Credit Purpose: Consultation with Legal Counsel concerning probably litigation Closed Session: Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probably 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) Code of Virginia, 1950, as amended Subject Matter: Discussion of Non-Performance of Performance Agreement – Advanced Vehicle Research Center (AVRC) Purpose: Consultation with Legal Counsel concerning probably litigation Adjourned Meeting August 21, 2012 Closed Session- Discussion concerning a prospective business or industry or the expansion of an existing business or industry, where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended Subject Matter: Unannounced Expansion Purpose: Discussion of industrial prospect The Board unanimously approved Mr. Snead’s motion and entered into Closed Session at 8:00pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on August 21, 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 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 8:30pm. Motion was made by Mr. Ecker, seconded by Mr. Harville, to have a Subdivision Agent that shall notify the developer under §18.19-2 by registered or certified mail of the intent to forfeit the bond held for Eagle Pointe Shores, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve Resolution 2012-08-05, supporting Piedmont BioProducts, LLC in their intent to build a full-size bio- refinery in Pittsylvania County, Virginia, and authorizing their submission of a Tobacco Grant application, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Adjourned Meeting August 21, 2012 RESOLUTION AUTHORIZING SUBMISSION OF THE FY 2013 RESEARCH AND DEVELOPMENT PROGRAM TOBACCO APPLICATION FOR PITTSYLVANIA COUNTY, VIRGINIA RESOLUTION 2012-08-05 At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Tuesday, August 21, 2012, the following resolution was presented and adopted. WHEREAS, Piedmont BioProducts, LLC is an existing renewable resource company that operates a model bioproducts research facility in the Callands-Gretna District of Pittsylvania County; and WHEREAS, Piedmont-BioProducts, LLC intends to build a full size operating bio-refinery within Pittsylvania County, Virginia, and the construction of this operating refinery will produce new jobs and additional tax base for Pittsylvania County, improving the economic vitality of the entire region; and WHEREAS, construction of this facility will open a new value added market for the agricultural sector of Pittsylvania County; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County confirms that it will support the building of this refinery on a site lawfully designated for such a facility within Pittsylvania County; and agrees that this project is consistent with the Comprehensive Plan of Pittsylvania County; and BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application by Pittsylvania County to the Research and Development program, on behalf of Piedmont BioProducts, LLC, and authorizes the County Administrator to review, approve and file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant; and BE IT STILL FURTHER RESOLVED, that in the event that the Tobacco Commission Research and Development grant is approved, that Pittsylvania County will serve as the required local fiscal agent for the grant with the clear understanding that no local matching funds will be required from Pittsylvania County and that no financial liability will be assumed by the County. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:32pm.