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10-01-2012 regular meetingRegular Meeting October 1, 2012 Pittsylvania County Board of Supervisors Monday, October 1, 2012 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, October 1, 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, 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: (a) Registrar Appropriation (b) Resolution – Foreign Trade Zone Mr. Harville’s motion was unanimously approved by the Board. 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, asked that the Board not compromise the issue of prayer during the mediation procedures, and then offered a word of prayer. Mr. Roger Williams, of the Banister District, made comments approving the lifting of the current state moratorium that bans uranium mining in Virginia, and asked the Board to keep an open mind to new technologies in mining and how other places have grown from mining in their communities. Mr. Bill McHammach of the Callands-Gretna District stated the questions concerning uranium mining should be when, by whom, and why the mining would occur, comments on the lack of state statutes and regulations in place, and urged for strong comprehensive state regulations and strict federal mandates on uranium mining. Mr. George Stanhope of the Callands-Gretna District, made comments on the National Academy of Science report and the Health Department Forum, and felt the forum was a political show. Regular Meeting October 1, 2012 Ms. Valerie Welch of the Chatham-Blairs District made comments against adopting a uranium resolution yet, feeling it was preempting the process and thanked the Board for their services to the community. Ms. Gloria Giovanelli of the Banister District urged the Board to adopt the resolution presented in the Board packet banning uranium mining and milling in Pittsylvania County as it bears a stigma and health hazard, has already de-valued all the property near Coles Hill, the water quality of private wells was at risk, and it would only benefit a small minority of local people, as well as foreign investors, at the risk of the entire community. Ms. Susan Paynter of the Banister District made comments against uranium mining as she didn’t share the confidence of some of the previous speakers that it could be mined safely. Ms. Painter felt a catastrophic failure would adversely affect everyone and did not agree with the Board waiting on adoption a resolution banning the mining and milling of uranium. Ms. Painter stated this should not be a political issue but rather should be about protecting the citizens of Pittsylvania County and urged the Board to pass the resolution presented in their packet. Ms. Cynthia Blunt of the Callands-Gretna District supported Virginia Uranium Inc. (VUI) mining the uranium and supported lifting the state moratorium banning the mining and milling of uranium in Virginia so that the state could move forward in doing the necessary environmental studies. She urged the Board to be fully informed before making a decision and felt adopting a resolution at this time was premature. Ms. Ann Ecker of the Staunton River District thanked Ms. Bowman for the Beautification Committee; however, if uranium mining and milling come into the County, no amount of effort from the Beautification Committee could alleviate the damage it would cause and Pittsylvania County would become known as the dumping ground county. Ms. Linda Frank of the Callands-Gretna District stated that she lived within 3 miles of the Coles Hill site and asked the Board to pass the resolution, and to do what they were elected to do- protect the people of Pittsylvania County. Mr. Richard Shumate of the Westover District offered a word of prayer. He then commented he couldn’t imagine any company ever wanting to locate within the Berry Hill Mega Park if uranium mining was going on in Pittsylvania County. Mr. Hunter Austin of the Staunton River District stated that tonight was the night for the Board to support their constituents and urged the Board to adopt the resolution and fulfill their duty to protect the citizens. Ms. Sue Poe of the Staunton River District appreciated the efforts of the Board, thanking Mr. Ecker, Mr. Hagerman, and Mr., Barksdale. Ms. Poe stated that surrounding areas had already passed similar resolutions on keeping the moratorium in place to ban uranium mining and milling in Virginia and didn’t understand why the other four supervisors wouldn’t support a sound resolution to send to the General Assembly, or why they don’t support the people who elected them. The Rev. Edward Pope of the Staunton River District stated that his church has passed a resolution to keep the state moratorium in place and that lifting the ban wouldn’t help Pittsylvania County. The uranium would be used here and wouldn’t be processed here. It might create some jobs in the mining of it, but not for the people who lived here, just for miners of other areas who were unemployed. However, Rev. Pope stated that he did believe it cost a lot of people here their jobs. Rev. Pope stated that he was concerned for those people living adjacent to the area and that they would lose what they had worked for all their lives. The Rev. Pope asked the Board to consider how they would feel if they were in those peoples’ shoes-how would they vote then? Rev. Pope concluded in asking the Board to help keep the County whole and keep it together in a bi-partisan manner. Regular Meeting October 1, 2012 Jesse Andres of the Chatham-Blairs District urged the Board to vote in favor of the resolution in their packet, that no corporation could guarantee the success of their business, especially those in the uranium business, and in the end, the County would be left with thousands of tons of contamination after the mine closed. Ms. Deborah Lovelace of the Callands-Gretna District stated that several studies have been done that speak of great risks to the health, welfare, and economy of the County and its citizens. Ms. Lovelace pointed out that Colorado has 500-600 million tons of uranium stockpiled. She concluded that if the State was concerned about the health, safety, and well-being of its citizens it would not consider lifting the moratorium. Mr. Phillip Lovelace of the Callands-Gretna District urged the Board to support the resolution as it was to help push the State in strict monitoring, regulating, and governing mining and milling if it comes to that. Ms. Eloise Nenon of the Chatham-Blairs District stated she had made first hand visits to mines. She further stated that the Methodist Church Association of Virginia had passed a resolution that supported keeping the moratorium in place. Ms. Nenon stated that the only market for uranium was overseas. She further stated that jobs would be lost from the County’s private schools when they closed, as would all the County’s agribusinesses. The mining would not help the local economy. Miners that were licensed and laid off in other places would come here to work in the mine. Ms. Nenon urged the Board to adopt the resolution. Mr. Bill Wyatt of the Banister District stated he loves the County and runs 15 farms about 4 miles from the Coles Hill site, and would probably profit from the mining in the sale of his property to VUI, but the potential profits doesn’t mean that much to him in the long run. He feels the communities are nothing without a watershed. Mr. Wyatt felt that because of all of the land fractures here, the water will become contaminated if uranium mining occurs. People with children are moving away, he stated, because they don’t want to raise their families here. Mr. Wyatt further stated that this area was a prehistoric lake bed and not the dry area that is out West where other mining has occurred. Ms. Kay Patrick of the Callands-Gretna District supports the resolution and stated that once the agricultural land is tainted, it would be useless to ever grow anything on again. Ms. Elizabeth Jones of the Banister District made comments concerning VUI merger recently in the paper and asked the Board of Supervisors to join their community is support of keeping the moratorium in place. Mr. John Towne of the Banister District supported all the earlier comments made in keeping the moratorium in place and adopting the resolution. Mr. Lillian Farling of the Callands-Gretna District stated the surrounding counties and states are watching Pittsylvania County and urged the Board to adopt the resolution. Ms. Josephine Rutledge of the Banister District stated that local people are not important to the mining company and that she doesn’t see where the Town of Chatham will reap any benefits from the mining, that the Board needed to vote in the best interest of the citizens and surrounding areas, and to consider what mining would do the their own families and the families of their children, grandchildren, and to their futures as well. Ms. Katie Whitehead of the Chatham-Blairs District have the Board a handout, which she read, that stated while she was in favor of the resolution, that should the moratorium be lifted Virginia would design a comprehensive regulatory program on mining and milling, if the ban is lifted. This concluded the Hearing of the Citizens. Regular Meeting October 1, 2012 Consent Agenda Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve the Consent Agenda, which was unanimously approved by the Board. Consent Agenda: (a) Minutes: September 4, 2012 Regular Meeting September 18, 2012 Adjourned Meeting September 24 2012 Work Session (b) Bill List – August 2012 (c) Road Name Change – Dan River District New Business Mr. Ekcer then presented a PowerPoint presentation on concerns made during the Citizens’ Forum on uranium mining, excerpts from the Chmura report on the risks of uranium mining, excerpts from the National Academy of Science report on the risk of radiation exposure to the general public if uranium mining occurs, a list government entities that had taken a stand against uranium mining in Virginia, local legislators who support the ban, and related study excerpts which support keeping the moratorium in place to ban uranium mining and milling in Virginia. Mr. Ecker concluded his presentation by stating he felt this was the most important decision that the Board of Supervisors will ever make that affects Pittsylvania County. Mr. Ecker made a motion, seconded by Mr. Barksdale, to approve Resolution 2012-10-01; supporting keeping the moratorium in place that bans uranium mining and milling the Virginia. Mr. Harville then made a substitute motion, seconded by Mr. Snead, to move that the Board allows the Governor’s Uranium Working Group to complete its report, which is due to be submitted to the Governor on December 1, 2012; and upon that report being made public, that the Board of Supervisors’ Legislative Committee conduct a Work Session with all Board of Supervisor members to review the studies, reports, and input from citizens, in order to make an informed determination as to any position that the Board of Supervisors may take regarding the mining and milling of uranium in Pittsylvania County. After discussion, Mr. Ecker made a modification to Mr. Harville’s substitute motion, seconded by Mr. Barksdale, to allow the Governor’s Uranium Working Group to complete its report, which is due to be submitted to the Governor on December 1, 2012; and, that the Board’s Legislative Committee conduct a work session with all Board of Supervisor members, starting October 16, 2012, to review the studies, reports, and input from citizens, in order to make an informed determination as to any position that the Board of Supervisors may take regarding he mining and milling of uranium in Pittsylvania County, prior to any report of the Governor’s Working Group, with no deadline for action. Mr. Ekcer’s modified motion of Mr. Harville’s substitute motion passed by a 5 to 2 vote of the Board, with Mr. Harville and Ms. Bowman in opposition. Motion was made by Mr. Ecker, seconded by Mr. Snead, to (1) approve the appropriation of $111,650 to the Klopman Mills Complex Sanitary Sewer Project: $100,000 from Tobacco Commission grant funds and $11,650 to be transferred from Economic Development- Tobacco Matching funds; and (2) authorize the award for the project to Prillaman & Pace, Inc. in the amount of $662,592; and (3) authorize the County Administrator to sign all necessary documentation. 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. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to set a public hearing to receive citizen input for a proposed change to Chapter 31-3.1 of the Pittsylvania County Code that would allow the local participating agencies participating in ambulance billing to receive Regular Meeting October 1, 2012 distributions quarterly instead of the current annual payment. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve the reappropriation of funds as follows: $337.50 to Sheriff-Fuel (100-4-031200-6008); $1,464.92 to Sheriff-Parts (100-4-031200-6030), $1,309.82 to Sheriff-Svc Costs-Labor (100-4-031200-031), $100 to Library-Training & Education (100-4-073100-5540), $14,016.94 to WIA-Rent (251-4-353160- 5420) and $5,134 to Solid Waste Collections-Repairs (520-4-042300-3310). This motion required a 10-Day Layover. Motion came from Mr. Harville, seconded by Mr. Hagerman, for an appropriation of $74.98 to the Employee Fund line item in the Sheriff’s FY2012 budget (100-4-031200-6029), which was the profit check received from Dodson Snack machine located on the Sally Port behind the jail. This machine is used exclusively by the deputies and the Sheriff has requested to use those profits for the benefit of his employees since they are responsible for the profits earned. 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. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve the appropriation totaling $100,000 to the State Restricted Seizure Funds from the following: $ 46,447 to Part-time Salaries (241-4-031700-1300); 3,553 to FICA (241-4-031700-2100), 131 to SUI (241-4-031700-2600); 49,869 to Police Supplies (241-4-031700-6010). 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. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to approve the voting credential form for the annual Virginia Association of Counties (VACo) meeting that indicates the Chairman of the Board, Tim R. Barber, as the authorized voting delegate for Pittsylvania County, with the alternate being the Vice-Chairman of the Board, James H. Snead, and authorized the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Appointments Motion was made by Ms. Bowman, seconded by Mr. Harville, that Mr. Richard Motley be re-appointed as the Chatham-Blairs District representative to the Pittsylvania County Planning Commission for a new four (4) year term that would begin on November 1, 2012 and end October 31, 2016, which was unanimously approved by the Board. Added Items Motion was made by Mr. Harville, seconded by Mr. Ecker, to appropriate $10,400 to line item 100-4-013100-8102 located in the Electoral Board budget to cover the State’s share of $15,495.00 for scanner equipment purchased for two county precincts. 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. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve a joint resolution with the City of Danville, endorsing and supporting the New River Valley Economic Development Alliance’s application to provide Foreign Trade Zone coverage for Pittsylvania County and its industrial parks, and authorize the County Administrator to forward the resolution to the New Regular Meeting October 1, 2012 River Valley Economic Development Alliance and sign all documentation that may be necessary, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-10-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors on Monday, October 1, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, The New River Valley Economic Development Alliance’s application to the U.S. Foreign-Trade Zones (FTZ) Board for authority to use a new procedure (the “Alternative Site Framework”) to provide quick and simple access to FTZ service for companies in our region; and WHEREAS, The New River Valley Economic Development Alliance is the grantee of FTZ #238 and currently sponsors a limited number of FTZ sites in our region; and WHEREAS, Pittsylvania County has requested inclusion within the Service Area of Foreign-Trade Zone (FTZ) #238 to include Cane Creek Centre, Brosville Industrial Park, Ringgold East and Ringgold West Industrial Parks, Gretna Industrial Park, and the Key Industrial Park; and WHEREAS, Pittsylvania County understands that this means that the grantee, New River Valley Economic Development Alliance, will be able to apply to the Foreign-Trade Zones Board for authority to serve sites located within this county based on businesses’ trade-related needs; and WHEREAS, Pittsylvania County also is aware that the zone will be made available on a uniform basis to companies within this county, in a manner consistent with the legal requirement that each FTZ be operated as a public utility; and WHEREAS, the authority we are requesting from the FTZ Board would enable us to quickly bring FTZ designation to any company within our proposed “service area”; then NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Pittsylvania County officially endorses and supports The New River Valley Economic Development Alliance’s application to serve businesses or industries engaged in foreign commerce. Board Announcements Mr. Ecker thanked the Board for listening to his presentation, thanked them for approving the Klopman Mills Complex sanitary sewer project, and asked everyone to keep Mr. Barksdale and his family in their prayers due to the passing of Mrs. Barksdale’s grandmother. Ms. Bowman stated that reports concerning the County Wide Fall Cleanup were still coming in and details on its success would be forthcoming. She also stated that she attended a meeting concerning the old Chatham Elementary School, and from Mr. Gaskins’ update, that project seemed to be on target closing at the end of October. She further stated that she had attended both the annual banquet by the National Association for the Advancement of Colored People (NAACP) and the Freshwater Festival at the Olde Dominion Agricultural Complex, each being fine events. Ms. Bowman concluded that on October 30th at 8:30am, she and Mr. Barksdale Regular Meeting October 1, 2012 would be having a “Breakfast at Bojangles with Bowman and Barksdale” and encouraged everyone to come out and ask them questions. Mr. Barksdale stated the Center for Disease Control has begun their free health screenings, and that he went to their open house and was very impressed with the extensive health screenings the citizens were getting there and encouraged all the Board members to visit their mobile facility site that was setup at the Riverside Shopping Center. Mr. Snead asked that everyone keep the family of Mr. Danny Tate is mind. Mr. Tate was the organizer of the Angel Rescue, and was a leading officer in the Pittsylvania County Red Cross, organized the Kentuck Volunteer Fire Department, and well as other activities within the Kentuck community, had died of a massive heart attack. Mr. Barber offered Mr. Ecker an apology for his comment made earlier in the meeting that referred to the amount of floor time Mr. Ecker during the meeting. County Administrator Reports Mr. Ken Bowman stated the GOK International was opening up in the last shell building the County has in the Cane Creek Centre Industrial Park. He then gave a summary of economic development that was going on throughout the County and area, and ended by stating Ms. Leah Manning wants to come to speak to the Board at a future date to update the Board on what the Southern Regional Alliance has been doing for economic development. 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 9:53pm.