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12-03-2012 regular meetingRegular Meeting December 3, 2012 Pittsylvania County Board of Supervisors Monday, December 3, 2012 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, December 3, 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 7:02p.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 Ms. Bowman, to approve the agenda with the following additions/deletions: Additions: (a) Appointments – Mr. Hagerman (b) Extended Holiday time by Governor McDonnell Deletions: (a) Item 5(d) – Resolution for Chatham Middle School FFA Charter (b) Item 9 – Presentation of the Beautification Committee by Mollie Holmes Mr. Ecker’s motion was unanimously approved by the Board. Hearing of the Citizens Mr. Matthew Speck of the Staunton River District made comments concerning the upcoming mediation between the ACLU and Pittsylvania County, and then offered a word of prayer. Mr. Phillip Lovelace of the Callands-Gretna District stated that the Virginia Association of Counties (VACo) had passed a resolution that supported keeping in place the current moratorium and bans the mining/milling of uranium in Virginia and felt that the resolution passed by the Board of Supervisors left loose ends by not stating it wanted to keep the moratorium in place. Mr. Lovelace also stated the Farm Bureau’s resolution was amended to state it supported keeping the moratorium in place. Mr. Lovelace also reminded everyone there would be a meeting of the Coal and Energy Commission Uranium Mining Subcommittee at 6pm in the Olde Dominion Agricultural Complex. Mr. Frank Fox, of the Chatham-Blairs District, made comments supporting the proposed employee stipend. Regular Meeting December 3, 2012 Ms. Elizabeth Jones, of the Banister District and Chair of the Pittsylvania County Democratic Party, thanked everyone who voted in the recent election and hopes everyone will support the proposed bill in the upcoming General Assembly session pertaining to absentee voting without excuses. Ms. Jones further stated that Governor McDonnell’s report from the Coal and Energy Commission Uranium Mining Subcommittee provided inclusive Ms. Katie Whitehead of the Chatham-Blairs District, made several comments concerning the Coal and Energy Commission Uranium Mining Subcommittee report, noting several key issues that are not including in the report, including it stating the need for state regulations, but not including any, that it does not include any best management practices, and several other issues of importance not covered in the report. Ms. Joyce Wright of the Callands-Gretna District commented that the proposed employee stipend did not include school teachers and believed that it should. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Ecker, seconded by Mr. Snead to approve the Consent Agenda, which was unanimously approved by the Board. Consent Agenda: (a) Minutes: November 1, 2012 – Special Call Meeting November 5, 2012 – Regular Meeting November 20, 2012 – Adjourned Meeting (b) Bill List – November 2012 (online) (c) Resolution from the Virginia Department of Transportation (VDOT) to take McBride Lane/SR1335 into the Secondary Road System (d) Presentation of Resolution – Jack Miller (Resolution was approved by the Board on September 18, 2012) Mr. Ecker’s motion was unanimously approved by the Board. Regular Meeting December 3, 2012 Unfinished Business At the November 20, 2012 meeting of the Board of Supervisors, a motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve the appropriation of $154,000.00 from unappropriated surplus for a $500 for all full time employees and a $250 stipend for all permanent part time employees, plus compactor operators which required a 10-Day Layover that had now been met. Ms. Bowman stated that based upon an opinion from the Attorney General of the Commonwealth of Virginia, that although her husband was an employee of the County, “voting on the County budget or pay of all County employees would not create a conflict under the Conflicts Act if the transaction affects the profession or occupation of a group of three or more persons.” Since this vote is not about him (Mr. Bowman) individually and does not single him out but pertains to approximately 380 employees, she did not plan to abstain since that would be construed as a negative vote. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; and Mr. Barber-No. Mr. Barksdale’s motion passed by a 5-2 majority vote of the Board. Upon a motion by Mr. Snead, seconded by Mr. Ecker, the Board of Supervisors unanimously approved the proposed 2013 Comprehensive Economic Development Strategy Project list (CEDS Projects) and authorized the County Administrator to submit the information to the West Piedmont Planning District Commission. New Business Mr. Eric Deaton, Chief Executive Officer for the Danville Regional Medical Center (DRMC), presented the DRMC Economic Impact Study to the Board of Supervisors. Motion came from the Legislative Committee to authorize the County Administrator to issue Requests For Proposals (RFPs) for recodification services for the County codes, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, for the reappropriation of funds as follows: $1,778.05 to Clerk of Court-Copier Lease (100-4-021600-60051), $1,062.20 to Sheriff-Parts(100-4-031200-6030), $821.26 to Sheriff-Sve Costs-Labor (100-4-031200-6031), $398.68 to Jail-Extradition (100-4-033100-5550), $1,042.86 to Library-Telephone (100-4-73100- 5230), $220.55 to Library-Fuel (100-4-073100-6008), $14,514.92 to WIA-Rent (251-4-353160- 5420), $8,640.00 to Library-Memorial Gifts-Books (265-4-073310-6012), which required a 10- Day Layover. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve an appropriation totaling $25,000.00 for two J.T. Minnie Maude Grants awarded to the County, and that a letter of thanks and appreciation be sent to J.T. Minnie Maude. 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. Snead, seconded by Mr. Ecker, for the amendment and appropriation of $1,500.00 to the FY2012/13 Budget for Pittsylvania County to include a grant award by the Commonwealth of Virginia’s Department of Emergency Management (2012 Emergency Management Performance Grant), which was a 50/50 matching grant and the match Regular Meeting December 3, 2012 was already budgeted for in the County’s Emergency Management Department’s grant line. 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 was unanimously approved by the Board. Appointments Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve the nomination of the following citizens to serve on the Beautification Committee: Ms. Diane Donnelly – Staunton River District; Mr. Bobby Jones-Chatham-Blairs District; and Ms. Mollie Holmes-Banister District, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve the following citizens to serve on the Purchase of Development Rights Subcommittee: Mr. Chris Eastwood-Dan River District; Ms. Mollie Holmes-Banister District; and Ms. Carey Shelton-Callands-Gretna District, which was unanimously approved by the Board. Added Items Motion was made by Mr. Hagerman, seconded by Mr. Ecker, to reappoint Marissa Doss as the Callands-Gretna representative on the Beautification Committee, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Ecker, to appoint Ms. Kaye Patrick as the Callands-Gretna District representative on the Board of Assessor, to fulfill the term of Ms. Deborah Lovelace, who had resigned as that district’s representative, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the addition of December 26, 2012, to the County’s Christmas holiday schedule for 2012, following the Commonwealth of Virginia’s 2012 Christmas holiday schedule, which was unanimously approved by the Board. Closed Session Motion was made by Mr. Snead, seconded by Mr. Harville, to enter into Closed Session for the following: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation of briefing in open meeting would adversely affect the negotiating and litigation posture of the public body. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1957, as amended Subject Matter: Appalachian Power Company (APCO) Shoreline Management Plan Purpose: Briefing on Legal Issues concerning APCO permitting requirements. Mr. Snead’s motion was unanimously approved the Board entered into Closed Session at 8:15pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on Monday, December 3, 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 Regular Meeting December 3, 2012 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 Brenda Bowman Yes Marshall Ecker Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session at 8:50pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Ecker, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:00pm.