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09-04-2012 regular meetingRegular Meeting September 4, 2012 Pittsylvania County Board of Supervisors Tuesday, September 4, 2012 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 4, 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 7:01p.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. Harville, to approve the agenda with the following additions/deletions: Additions: (a) Change Order – Chatham Train Depot (b) Re-appointments – Pittsylvania County Library Board of Trustees: Westover District – Debra Dockery Tunstall District – Debra Turner (c) Altavista EMS Appropriation (d) Chatham Train Depot Agreement between Pittsylvania County Historical Society & Pittsylvania County Board of Supervisors (e) Jack Miller – (Mr. Ecker) (f) Proclamation – National Preparedness Month (to be placed under Consent Agenda) (g) Industrial Development Authority’s request for Pittsylvania County to reconsider their decision to allow funding for an IDA Clerk Deletions: (a) Item 20 Performance Agreements -(1) Wilkins Reality, Inc. and (2) Three Sisters Properties, Inc. (b) Item 21 – Appointments to the Board of Assessors Item 8, Introduction of New Faculty Members, was moved forward. Ms. Bowman introduced the following new Chatham Hall Academy faculty members: Ms. Emily Johns – Dean of Students; Dr. Robin Revis-Pike – Director of Admissions and Financial Aid; Ms. Jessica Bishop – Assistant Director of Admissions; and Ms. Schaeffer Goss Barnhardt – Admission Counselor. The Board welcomed the new faculty members to the area. Regular Meeting September 4, 2012 Hearing of the Citizens Mr. Matthew Speck, of the Staunton River District, thanked the Board for all they do for the citizens of Pittsylvania County and then offered a word of prayer. Ms. Kaye Patrick, of the Callands-Gretna District, made comments about a recent uranium forum she attended at Virginia Western Community College in July. Ms. Patrick then gave her time to Ms. Freeda Cathcart, who had given a presentation at the forum Ms. Patrick had attended. Ms. Freeda Cathcart covered information on the benefits and risks of uranium mining in Pittsylvania County that she had presented earlier in July at the forum held at Virginia Western Community College in Roanoke, Virginia and urged the Board to consider the potential job loss if uranium mining/milling were to occur in Pittsylvania County. Ms. Susan Painter of the Banister District made comments opposing mining/milling uranium in Virginia, and gave statistical comments from an article she had read on a recent court hearing concerning a failed nuclear waste repository at Yucca Mountain, Nevada. Ms. Eloise Nenon of the Chatham-Blairs District stated that at the United Methodist Church State Convention, the United Methodist Churches of Virginia were collectively calling for the moratorium against uranium mining/milling in Virginia remain in place for the entire Commonwealth of Virginia. Mr. James Dehart of the Westover District questioned the County’s transparency and made comments about relatives of a board member that worked for a reality company that had business dealing with the County, and that Mr. Barber should abstain from voting on anything at involved that realtor, or the Brosville Industrial Park. Ms. Debra Dix of the Chatham-Blairs District made comments opposing uranium mining/milling in Pittsylvania County as she felt it would create harmful health issues for the citizens of the County and asked that the Board of Supervisors only pass resolutions banning the mining/milling of uranium in Pittsylvania County as well as keeping the moratorium in place. Mr. Chip Royer, representing Eagle Shore Pointe residents, thanked the Board of Supervisors and County Staff for all their help and offered his experience in helping with the calling of credit on the Eagle Pointe Shore developer. Mr. Richard Shumate of the Westover District made comments opposing the Solid Waste Fee, and stated he felt that the patrolling of the compactor sites to help ensure against illegal usage had contributed to trash being dumped along the road sides. Mr. Shumate also made opposing comments of the County’s donation to the Danville Lifesaving Crew. Ms. Deborah Lovelace of the Callands-Gretna District commented on meetings she’d attended concerning uranium mining/milling in Pittsylvania County. Ms. Lovelace thanked the Board on their concern in protecting the citizens of the County. Ms. Karen Maute of the Westover District inquired on what the cost would be for Board meetings to be show via live streaming. Ms. Lynn Worsley commented that in the proposed uranium resolution that had been pulled from the agenda, the first four paragraphs were good, but the sections referring to the government was not what the citizens of the County needed. Mr. Phillip Lovelace of the Calllands-Gretna District made comments on a study that had been presented at a uranium meeting that give the risks to the citizens, and he complained about the consulting firm, feeling the study group was fast tracking the issue. Mr. Joe Spence of the Dan River District made comments on water contamination; complaints about First Piedmont’s landfill; people target practicing in their backyards without safety course; and felt there should be a County ordinance banning people from firing weapons within four miles of residential areas. Ms. Karen Maute of the Westover District thanked the Board for the first eight paragraphs of the resolution against uranium mining/milling in Pittsylvania County that has been pulled from Regular Meeting September 4, 2012 the agenda, and felt that paragraphs nine and ten should be struck, and that they should state in the resolution that the Board supports keeping the moratorium in place, in order to keep the resolution from sounding ambiguous. Ms. Ann Cocke Rowland of the Chatham-Blairs District thanked the members of the Board who were responsible for putting together the resolution against uranium mining/milling, and didn’t understand why a resolution couldn’t get a fourth vote from the Board when this area was ground zero and every locality around Pittsylvania County has passed a resolution. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: August 6, 2012 – Regular Meeting August 21, 2012 – Adjourned Meeting (b) Bill List – August 2012 (online) (c) Proclamation – National Preparedness Month (added) Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Consent Agenda, which was unanimously approved by the Board of Supervisors. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION by Virtue of the authority vested by the Constitution in the Governor of the Commonwealth of Virginia, there is hereby officially recognized: NATIONAL PREPAREDNESS MONTH WHEREAS, September is National Preparedness Month, a time set aside to encourage Americans to take simple steps to prepare for emergencies in their homes, businesses, and communities; and WHEREAS, September has historically been the most active month for hurricanes with 36 of 64 major hurricanes effecting in the United States occurring during this month; and WHEREAS, the Commonwealth of Virginia has made it a high priority to continue to build a strong and viable “culture of preparedness” throughout the state and local governments, colleges and universities, the private sector and the general public; and WHEREAS, those who are prepared for emergencies recover faster and can help others who also may be affected, demonstrating community spirit in the face of adversity; and WHEREAS, emergency preparedness is a shared responsibility, and every family that is able should prepare to be self-sufficient for the first 72 hours after disaster strikes; and WHEREAS, Virginia families can start their preparedness actions by making an emergency plan and stocking at least three days’ of essential supplies including water and food that won’t spoil and a hand-crank or battery-powered radio and extra batteries to hear emergency information; and NOW, THEREFORE, as designated by Governor Robert F. McDonnell, the Pittsylvania County Board of Supervisors do hereby recognize September 2012 as NATIONAL PREAPREDNESS Regular Meeting September 4, 2012 MONTH in our COMMONWEALTH OF VIRGINIA, and they encourage all citizens to be ready by taking steps to prepare for emergencies at home, at work and in communities of Pittsylvania County. Unfinished Business At the adjourned meeting on August 21, 2012, a motion was made by Mr. Harville, seconded by Mr. Snead, to upfront and appropriate an additional $20,000 from unappropriated surplus to go with the existing $10,000 for a total of $30,000 to be given to the Danville Life Saving Crew for capital equipment. This motion required a 10-Day Layover that had now been met and 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. Harville’s motion was unanimously approved by the Board. At the adjourned meeting on August 21, 2012, a motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve the appropriation of $10,000 from unappropriated surplus to the Longwood Small Business Development Center for FY2012/13 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-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. New Business Mr. Jim Bebeau, Executive Director for Danville-Pittsylvania County Community Services presented the Performance Contract for FY2013/14 for services to be provided with the Virginia Department of Behavioral Health and Development Services funding, as well as funding from the Pittsylvania County Board of Supervisors and the City of Danville, for clients in our region. Motion was made by Mr. Ecker, seconded by Mr. Barksdale, to approve the Performance Contract and authorize the County Administrator to sign all necessary documentation. Motion came from the Legislative Committee to authorize the County Administrator to send a Letter of Support to the Department of Conservation and Recreation concerning the scenic river designation of a portion of the Dan River and the Banister River, which was unanimously approved by the Board. Motion came from the Legislative Committee to add a new section, Section XII-Administration, to the Board of Supervisors Policy & Procedures, which concerns the use of letterhead by the Board members, and disclaimers on ads for non-profit organizations that are placed by Board members. The committee’s recommendation was unanimously approved by the Board. Section XII – Administration 1. At the request of a member of the Board of Supervisors, the County Administrator’s Office shall provide Pittsylvania County letterhead for the use of said supervisor. The letterhead will be designed separately for each supervisor’s use with the individual name of the requesting supervisor and the name of their respective district. No other supervisor’s names shall appear on the letterhead of each individual supervisor. 2. A supervisor may be authorized to utilize their individual county business card in advertisements for non-profit organizations which shall include a disclaimer saying that the supervisor paid for the advertisement and that they are personally providing the Regular Meeting September 4, 2012 sponsorship/advertisement. Suggested disclaimers at the bottom of the ad may read: “Not Paid for At Taxpayers’ Expense” or “Paid for and Authorized by (the name of the supervisor). Motion came from the Property & Building Committee to appropriate up to $50,000 from unappropriated surplus for repair work in the Courthouse, Commissioner of Revenues’ Office, and Treasurer’s Office as a result from the Air Quality study. This motion required a 10-Day Layover. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve a Change Order with Federal Engineering, Inc. for a Statement of Work in the amount of $10,800 for required inspections of six newly built towers for the E911 upgrade project, and authorize the County Administrator to sign all necessary documentation. Mr. Snead noted the project has sufficient funds to cover this change. The Board unanimously approved Mr. Snead’s motion. Motion came from Mr. Harville, seconded by Mr. Snead, to approve the following resolutions to be sent to the Virginia Department of Transportation, requesting speed studies and “Watch for Children” signs on Pine Lake Road in the Westover District, Cedar Lane in the Dan River District, and Banister Road in the Callands-Gretna District, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-09-02 WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia with the addition of Section 33.1-210.2 which allows the installation of "Watch for Children" signs; and WHEREAS, the Pittsylvania County Board of Supervisors has received a request from the residents of Pine Lake Road (SR 878) in the Westover District; one sign to be place on the beginning of Pine Lake Road at its entry off Martinsville Highway (RT 58), placing the sign just past the entrance to Faith Memorial Church on the northern route of Pine Lake Road; a sign again at the intersection of Pine Lake Road and River Ridge Road (SR 873); and a third sign at the beginning of Pike Lake Road at its entry off of Stony Mill Road (SR 869); and WHEREAS, the Pittsylvania County Board of Supervisors requests that a speed study be conducted by the Virginia Department of Transportation on Pine Like Road; its approximate length of 2.29 miles; and WHEREAS, a review of this area indicates that it meets the criteria set forth by the Virginia Department of Transportation, NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby request the Commissioner of the Virginia Department of Transportation to use funds from the Secondary Construction Budget to install "Watch for Children" signs at the above noted location. Regular Meeting September 4, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-09-03 WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia with the addition of Section 33.1-210.2 which allows the installation of "Watch for Children" signs; and WHEREAS, the Pittsylvania County Board of Supervisors has received a request from the residents of Banister Road (SR 612) in the Callands-Gretna District; one sign to be place on the beginning of Banister Road at its entry when intersecting the Strawberry Road (SR 750) and the Union Hall Road; a sign again at the intersection of Banister Road and Highview Lane; and a third sign at the intersection of Banister Road and Hazel Lane; and WHEREAS, the Pittsylvania County Board of Supervisors requests that a speed study be conducted by the Virginia Department of Transportation on Banister Road for the same section as described above, approximately 0.61 miles and that the Virginia Department of Highways consider lower the speed of this specific area to 25 miles per hour; and WHEREAS, a review of this area indicates that it meets the criteria set forth by the Virginia Department of Transportation, NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby request the Commissioner of the Virginia Department of Transportation to use funds from the Secondary Construction Budget to install "Watch for Children" signs at the above noted location. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-09-04 WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia with the addition of Section 33.1-210.2 which allows the installation of "Watch for Children" signs; and WHEREAS, the Pittsylvania County Board of Supervisors has received a request from the residents of Cedar Road (SR 735) in the Dan River District; one sign to be place on the beginning of Cedar Road at its entry when intersecting the Mountain Hill Road; a sign again at the intersection of Cedar Road and Coy Creek Lane; and a sign at the intersection of Cedar Road and Clarks Mill Road; and a fourth sign where Chaneys Store Road intersections onto Cedar Road; and WHEREAS, the Pittsylvania County Board of Supervisors requests that a speed study be conducted by the Virginia Department of Transportation on Cedar Road for the same section as described above, approximately 1.10 miles; and WHEREAS, a review of this area indicates that it meets the criteria set forth by the Virginia Department of Transportation, NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby request the Commissioner of the Virginia Department of Transportation Regular Meeting September 4, 2012 to use funds from the Secondary Construction Budget to install "Watch for Children" signs at the above noted location. Motion was made by Mr. Harville, seconded by Mr. Hagerman, for the reappropriation of funds as follows: $197.50 to Sheriff-Travel (100-4-031200-5500), $60.00 to Sheriff-Parts (100-4- 031200-6030), $1,860.93 to Jail-Extradition (100-4-033100-5550), $8.20 to Library-VRS (100-4- 073100-2210), $12,982.14 to WIA-Rent (251-4-353160-5420) and $3,495.97 to Jail Inmate Management-Vehicles (311-4-033400-8105). Mr. Harville’s motion required a 10-Day Layover. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to appropriate $1,278 to the 2012-13 budget as additional money received to the Virginia Juvenile Community Crime Control Act (VJCCCA) Grant. 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. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve and appropriate $171,943.60 to the WorkForce Investment Act fund as follows: Revenue: Rapid Response – Dislocated Worker: 251-3-000000-353870 Rapid Response-Adult: 251-3-000000-353871 Expenditures: Rapid Response-Patrick 251-4-353851-5740 Rapid Response-Danviille/Pitts 251-4-353851-5741 Rapid Response-Mar/Henry 251-4-353871-5742 Adult: Rapid Response-Patrick 251-4-353853-5740 Rapid Response-Danville/Pitts 251-4-353853-5741 Rapid Response-Mar/Henry 251-4-353853-5742 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. Barksdale’s motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Barksdale, to approve Change Order No.2 with Haymes Brothers in the amount of $36,720.00 for additional work at the landfill expansion, noting funds were available in the project budget, and authorize the County Administrator to sign all necessary documentation. Mr. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Hagerman, to appropriate $50,000 to the 2012/13 budget to the E911 Grant Local Match line item 100-4-035500-8109 for the purchase of a backup generator for the Moses Building. Mr. Snead’s motion required a 10-Day Layover. Added Items Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve Change Order No. 1 submitted by Dewberry and Davis for a reduction of $6,817.12 in the contract for Phase IV of the Chatham Southern Railway Depot Restoration, and authorize the County Administrator to Regular Meeting September 4, 2012 sign all necessary documentation. Mr. Barksdale’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to re-appointment Ms. Debra Dockery as the Westover District representative to the Pittsylvania County Library Board of Trustees and to re-appoint Ms. Debra Turner as the Tunstall District representative to the Pittsylvania County Board of Trustees; each for a four (4) year term that would begin July 1, 2012 through June 30, 2016. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve and appropriate $5,000 for additional block funding for the Altavista EMS, making the total block funding for Altavista EMS at $20,000 for FY 2013 as voted on by the Board of Supervisors at their regular meeting on August 1, 2011. Mr. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve a Lease Agreement between the Pittsylvania County Historical Society and the Pittsylvania County Board of Supervisors concerning usage and maintenance responsibilities of the Chatham Southern Railway Train Depot, contingent upon review by Legal Counsel, and authorize the County Administrator to sign all necessary documents on the behalf of Pittsylvania County, which was unanimously approved by the Board. Motion came from Mr. Ecker, seconded by Ms. Bowman, to present a resolution to Mr. Jack Miller and Mr. Clyde Burnette, which was unanimously approved by the Board of Supervisors. Motion was made from Mr. Harville, seconded by Mr. Snead, to refer the Industrial Development Authority’s (IDA) request for the Board of Supervisors to reconsider their decision and allow the IDA to allow funding for an IDA Clerk from County funds providing the clerk is non-county staff. Mr. Harville’s motion was unanimously approved by the Board. Board Announcements Mr. Ecker asked that Mr. Sleeper contact Campbell County to ask for their support and work with the Department of Conservation and Recreation to proceed with the scenic river designation request for the Staunton River. Mr. Ecker also stated there would be a Solid Waste Committee meeting in the near future for a discussion of camera purchases in monitoring convenience sites. Lastly, Mr. Ecker stated the resolution concerning uranium mining/milling in Pittsylvania County would be back on the agenda in the near future. Ms. Bowman stated the County Wide Fall Clean Up would be held on Saturday, September 22, 2012 and encouraged all citizens, churches, organizations, and businesses to participate. Ms. Bowman also stated the Beautification Committee would be sponsoring a litter coloring contest in the schools. Furthermore, Ms. Bowman stated that MyTwinn Dolls headquarters held a job fair the previous week and received over 300 applications. Lastly, Ms. Bowman stated that Mount Hermon Volunteer Fire and Rescue recently celebrated their 50th anniversary and that a resolution commemorating them would be presented at the September 18, 2012 meeting of the Board of Supervisors. Mr. Hagerman stated there would be a job fair held in Gretna on September 6, 2012 between 10am – 6pm for the new McDonalds in Gretna. Regular Meeting September 4, 2012 Mr. Barksdale made the following statement concerning the resolution on uranium mining: “At the Board’s discretion, Supervisor Ecker and I attempted to develop a new resolution pertaining to Uranium Mining that would reflect some of the overall concerns that have been expressed by the citizens of this County. Reluctantly, the Board approved a motion to sponsor a Public Forum on July 9, 2012, to receive input from citizens on the proposed uranium mining and milling in Pittsylvania County. Mr. Ecker and I facilitated the Public Form. We reviewed the comments and captured the essence of the citizens’ concerns. With assistance from the County Attorney, we produced a new resolution, and were advised by the County Administrator to put the resolution on the agenda for the Sept. 4th board meeting without an advanced copy to the board. I am still trying to figure out what happened. What sparked the “alleged” controversy over this resolution from members of the State Legislature, Senate, and Governor’s Office? (So I’m told). How did they learn about the resolution so quickly? Why did they not contact the two supervisors who developed the resolution? The word sabotage sticks in my mind. Mr. Ecker and I worked in good faith to produce a resolution for the BOS, but obviously our effort was not perceived that way by some of our peers. We coordinated our work with the County Attorney in confidence only to find out later that there was no confidentiality. In my opinion, we were doomed to fail even before we started, and all because certain elected officials have taken a do nothing position so as not to reveal their true identity and/or interest pertaining to uranium mining in Pittsylvania County. They are easy to spot by their response when asked, “What is your position on uranium mining?” Do any of these sound familiar? “I’m not an expert on uranium:…”I’m waiting for the study to be completed”…”We can’t tell the state legislature what to do”… and the list goes on. Mr. Ecker and I agreed to removed the resolution from the agenda because there is still strong opposition from some members of the Board who will never vote in favor of any resolution on uranium mining, especially if it states, “Keep the moratorium on uranium mining.” Mr. Snead stated there would be a Finance Committee meeting on September 18, 2012 and reminded everyone of the following events: Virginia International Raceway (VIR) La Manns Race, the National Association of the Advancement of Colored People (NAACP) Annual Banquet, and of the Danville – Pittsylvania County Fair. Reports from County Administrator Mr. Sleeper gave the Board of Supervisors a printed calendar of September 2012 events they needed to be aware of and mark on their schedules. Adjournment Motion was made by Mr. Ecker, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:47pm.