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01-22-2013 Adj MeetingAdjourned Meeting January 22, 2013 Pittsylvania County Board of Supervisors Tuesday, January 22, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January 22, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Marshall A. Ecker, Chairman, called the meeting to order at 7:03 p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Marshall Ecker Staunton River District Brenda H. Bowman Chatham-Blairs District Mr. Coy E. Harville, Westover District, was absent from the meeting. Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, , and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barksdale led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the agenda, with the removal of Item 16-Westover Representative Appointment to the Purchase Rights Development Subcommittee, which was unanimously approved by the Board, with the exception of Mr. Harville, who was absent. Hearing of the Citizens Karen Maute of the Westover District made comments to the Board concerning the inferred reference in current House and Senate Bills under discussion in the General Assembly that uranium mining “uranium mining would ultimately be up to the County”. Ms. Maute assumes this means through the mining company’s application for a Special Use Permit. Gerald Milliman of the Staunton River District, thanked the Board of all they do, and offered a word of prayer. Kay Patrick of the Callands-Gretna District also made comments concerning House Bill 1804 and Senate Bill 919 currently being discussed in General Assembly committees. Mr. Louie Wyatt of the Chatham-Blairs District made comments concerning the mining issue and does not support mining/milling in the County. Merle Ruttledge of the Chatham-Blairs District made comments and complaints about the Sheriff’s Department and stated that there needed to be an investigation launched. Deborah Lovelace of the Callands-Gretna District made comments concerning the proposed tax levy in proposed Senate Bill 919. Ray Wright declined to comment at this time. Michael Hudson of the Town of Hurt, made comments that the entire Town of Hurt needed to have a leash law enforced. This concluded the Hearing of the Citizens. Consent Agenda (a) Reorganization Resolution (b) Region One – February (c) Beautification Committee-Annual Re-appointments Board. Adjourned Meeting January 22, 2013 Motion was made by Barber, seconded by Ms. Bowman, to approve the Consent Agenda, which was unanimously approved by the Board, with the exception of Mr. Harville, who was absent. Adjourned Meeting January 22, 2013 Adjourned Meeting January 22, 2013 Unfinished Business At the January 4, 2013 Board of Supervisors’ Re-organizational Meeting, a motion was made by. Harville, seconded by Mr. Barber, for the reappropriation of funds as follows: $199.67 to Clerk of Court-Copier Lease (100-4-021600-60051), $6,821.09 to Sheriff-DARE Supplies (100-4-031200-6002), $841.09 to Sheriff-Parts (100-4-031200-6030), $1,079.40 to Sheriff-Svc Costs-Labor (100-4-031200-6031), $53.18 to Volunteer Fire Department (VFD)-Fuel (100-4- 032200-6008), $32.64 to Jail-Extradition (100-4-033100-5550), $18,354.36 to WIA-Rent (251- 4-353160-5420), $8,000.00 to Industrial Incentives (325-4-081500-8222). This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Harville-Absent; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes; and Mr. Ecker-Yes. Mr. Harville’s motion was unanimously approved by the Board, with the exception of Mr. Harville, who was absent. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve the amended State Survey and Planning Funds Agreement between Pittsylvania County and the Virginia Department of Historic Resources for Preservation Virginia, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. New Business Motion came from the Legislative Committee on the following amendments to the By Laws for the Board of Supervisors: (a) Section 2.1 – Meeting in Government Complex- to remove the section stating that all Board of Supervisors meetings must be held on the County Complex Adjourned Meeting January 22, 2013 (b) Section 2.6 (i)-Agenda- To include “Presentations” as a section of the Agenda, immediately following the Public Hearing Section. (c) Section 2.6 (ii) – Consent Agenda – . No person shall be permitted to address the Board more than once on the same subject in any one meeting, but may also address the Board once on more than one subject. (d) Section 2.11- Agenda Additions and Approval - Unless an emergency or timely action is required, items presented under this heading requiring action will be for future agenda items or for additional information from staff members only. No item presented under this heading or at any point during the meeting will be acted upon at the meeting at which presented. However, such item shall be scheduled for Board action at a subsequent meeting within a reasonable period of time or unless withdrawn by the advocate Board member. (e) Section 2.11 – the word “memorandum” is replaced with “executive summary” (f) 5.4 - The Chairman shall be authorized to temporarily participate, including voting, in any committee of the Board of Supervisors for the purpose of creating a quorum and/or action (g) Standards of Conduct- to be signed and returned to the County Administrator’s Office by members appointed to committees, boards and agencies within 30 days of recipient of the form. This motion required a 10-Day Layover. Motion came from the Legislative Committee to hold a public hearing on Tuesday, February 19, 2013 for public input on amendments to the Land Use Ordinance to include proposed Forms LU1 and LU2 as the officially approved County forms for Land Use Revalidation. This motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Mr. Ecker directed the County Administrator to table discussion of a fuel reimbursement request until a complete audit of all fire and rescue fuel reimbursement requests was conducted. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve the appropriation of $33,5000.00 to Line Item 410-4-094400-3150 (Legal/Bond Fees) in order to pay closing costs associated with the refunding of 2012 General Obligation School Notes, which was unanimously approved by the Board, with the exception of Mr. Harville, who was absent. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve Change Order 3 with Gamewood Technologies, Inc. in the amount of $12,750.00 in connection with the E911 Tower-Radio System Upgrade project, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to amend the Sheriff Office 2012/13 budget and appropriate $2,807.90 to line item 100-4-031200-5878 for donations made to this year’s Trunk or Treat event, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to set a public hearing on February 19, 2013 to citizen input on a proposed amendment to 2.22 - Running at Large Restrictions, of the Pittsylvania County Code to include Sunset Bay Subdivision, which was unanimously approved by the Board, with the exception of Mr. Harvill e, who was absent. Adjourned Meeting January 22, 2013 Motion was made by Mr. Snead, seconded by Mr. Barksdale, to appropriate $23,274.13 from unappropriated surplus to the Treasurer of Pittsylvania County and authorize the amount to be paid to Alltel Communications, LLC for 2011 taxes pai d in error. This motion required a 10-Day Layover. Board Appointments Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to appoint Mr. John Lindsey as the Citizen Representative to the Tri-County Lake Administrative Commission, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Board Announcements Mr. Ecker called a Special Call Meeting of the Board of Supervisors to be held on Wednesday, January 23, 2013 at 3pm in the Main Conference Room of the Capt ain Martin located on 1 Center Street in Chatham, Virginia for the purpose a purposed resolution concerning uranium mining/milling in Pittsylvania County. Closed Session Motion was made by Mr. Barber, seconded by Mr. Snead, to enter into Closed Session for the purpose of: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiation and litigating posture of the public body. Authority: 2-2.3711(A)(7), Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson v. Pittsylvania County, Virginia and Board of Supervisors of Pittsylvania County, Virginia Purpose: Briefing by Legal Counsel Mr. Barber’s motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. The Board entered into Closed Session at 8:25pm. Motion was made by Mr. Barber, seconded by Mr. Snead, 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 Tuesday, January 22, 2013 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 Brenda Bowman Yes Marshall Ecker Yes Coy E. Harville Absent James H. Snead Yes Jessie L. Barksdale Yes Adjourned Meeting January 22, 2013 Tim R. Barber Yes The Board returned to Open Session at 8:35pm. Adjournment Motion was made by Mr. Snead, seconded by Mr. Barksdale, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:36pm.