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02-19-2013 Adj MeetingAdjourned Meeting February 19, 2013 Pittsylvania County Board of Supervisors Tuesday, February 19, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, February 19, 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: Marshall Ecker Staunton River District Coy E. Harville Westover District James Snead Dan River District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Brenda H. Bowman Chatham-Blairs District Tim Barber Tunstall District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie L. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Harville led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Snead, seconded by Ms. Bowman, to approve the agenda, with the addition of Mr. Barber’s nomination of Mr. George Henderson as the Tunstall District representative on Beautification Committee. Mr. Snead’s motion was unanimously approved by the Board. Hearing of the Citizens Gerald Milliman of the Staunton River District offered a word of prayer for the Board. Richard Shumate of the Westover District made comments opposing the Solid Waste Fee; opposing the addition of more School Resource Officers in the schools; and opposing any tax increases. George Stanhope of the Callands-Gretna District made comments concerning ways the Board could save money, which included cutting pay that occurred for members of any commissions, boards, or agencies; doing away with the Pittsylvania County Service Authority and having that function under the Board of Supervisors, and operating on a zero line item budget. This concluded the Hearing of the Citizens. Consent Agenda 2. (a) Out of State Travel – Director of Agriculture (b) Resolution 2013-02-05; Virginia Department of Transportation – SR622/Cascade Road- partial road closure in 2015-2017 for bridge replacement (c) Resolution 2013-02-06; Virginia Department of Transportation – SR676/Taylors Mill Road- partial road closure in 2014-2015 for bridge replacement Adjourned Meeting February 19, 2013 Motion was made by Mr. Snead, seconded by Mr. Barksdale, to remove Item (c) from the Consent Agenda until after a meeting with the Virginia Department of Transportation, and to approve Items (a) & (b), which was unanimously approved by the Board. Adjourned Meeting February 19, 2013 Public Hearings Rezoning Cases Case 1: JEL, Inc. – Banister District; R-13-013 Mr. Ecker opened the public hearing at 7:20pm. Mr. Shelton explained that JEL, Inc., had petitioned to rezone 334.874 acres (part of 352.151acres), located on State Road 686/Elkhorn Road, in the Banister Election District from B-2, Business District, General to A-1, Agricultural District (to expand the existing campground located on the property). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Thomas Brooks with Acres of Virginia, Inc., was there to represent the petition. No one signed up to speak and Mr. Ecker closed the public hearing at 7:27pm. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve rezoning Case R-13-013 from B-2 to A-1. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Ecker-Yes. The Board unanimously approved Mr. Barksdale’s motion to rezone Case R-13-013 from B-2 to A-1. This concluded the rezoning cases. Public Hearing to receive citizen input on proposed amendments to the Pittsylvania County Code, Section 6-12-Land Use. The proposed amendment would incorporate revalidation forms, County Land Use Form 1 and County Land Use Form 2 for the Land Use Program. Mr. Ecker opened the public hearing at 7:28pm. Mr. Sleeper explained that in addition to the previous revalidation form (now known as Land Use Form 1), to help the Commissioner of Revenue’s Office in revalidation of the Land Use Program participants, it is the intent of the Board to incorporate Land Use Form 2 into Section 6-12 of the Pittsylvania County Code. The first person signed up to speak was Mr. Robert Mills, Jr. of the Callands-Gretna District. Mr. Mills was in favor of both forms and felt this would help in cleaning up the program and keeping those qualified to participate in the program and eliminating those no longer qualified, thus maintaining legitimacy of the program. Mr. Tommy Motley, Mr. Roger Jefferson, Mr. George Winn, Mr. Hank Maxey and Mr. Roy Van Der Hyde all agreed with Mr. Mills comments. No one else signed up to speak and Mr. Ecker closed the public hearing at 7:32pm. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve amending Section 6-12; Land Use, of the Pittsylvania County Code, to incorporate Land Use Form 1 and Land Use Form 2. Mr. Ecker declared that he was a member of the Land Use Program, and though he was not declared to have a conflict of interest in voting on this matter, he would abstaining from voting. Mr. Barber declared that he was also a member of the Land Use Program, but was not declared to have a conflict of interest in voting. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Ecker-Abstained. Mr. Barksdale’s motion was approved by a 6-0 majority vote the Board with Mr. Ecker abstaining. Public Hearing to receive citizen input on the proposed amendment and ratification of the following animal control area to Chapter 2, Section 2-22; Running at Large Restrictions; of the Pittsylvania County Code to include Sunset Bay Subdivision located in the Staunton River Electoral District. Mr. Ecker opened the public hearing at 7:42pm. Mr. Sleeper explained that members of the Sunset Bay Subdivision Homeowners Association had submitted Letters of Petition to the County Administrator’s Office requesting that Sunset Bay Subdivision be incorporated into Section 2-22; Running at Large Restrictions, of the Pittsylvania County Code. After verification, staff submitted that 72% of landowners of the proposed controlled area were in favor of Sunset Ba y Subdivision becoming an animal controlled area. Mr. Dale Sharp, President of the Sunset Adjourned Meeting February 19, 2013 Bay Subdivision Homeowners Association was present to represent the petitioners. No one signed up to speak and Mr. Ecker closed the public hearing at 7:43pm. Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to incorporate Sunset Bay Subdivision in Section 2 -22; Running at Large Restrictions, of the Pittsylvania County Code. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Ecker-Yes. Mr. Barksdale’s motion was unanimously approved by the Board. This concluded the Public Hearings. Presentations Ms. Bowman read Resolution 2013-02-07 on behalf of the Board in honor of Mr. Dexter Adams, who retired from the Chatham Post Office. Mr. Adams was then presented the following resolution. Pittsylvania County Board of Supervisors RESOLUTION 2013-02-07 At an adjourned meeting of the Board of Supervisors of Pittsylvania County held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, the following Resolution was presented and adopted. WHEREAS, Dexter Adams has been a lifetime resident of Pittsylvania County, graduating from Spring Garden School and being among the first graduating class of the consolidated Chatham High School in 1965; and WHEREAS, Dexter Adams joined and served in the United States Navy in 1967; wherein, he met and married his wife Cathy, who he has been married to for the past 46 years as of April 28, 2013; and WHEREAS, Dexter Adams discovered on April 28, 2009 that he had cancer and has taken the required treatments and survived the cancer; and WHEREAS, Dexter Adams is now retiring from the United States Postal Service after 28 years in the Chatham Post Office; then BE IT HEREBY RESOLVED: That the Pittsylvania County Board of Supervisors expresses their sincere appreciation for the service provided by Dexter Adams to the citizens of Adjourned Meeting February 19, 2013 Pittsylvania County and the residents of the Town of Chatham for the past 28 years wishing Dexter Adams the best in his retirement; and BE IT FURTHER RESOLVED: That a copy of this Resolution be presented to Dexter Adams by the Pittsylvania County Board of Supervisors at their meeting on February 19, 2013. Mr. Ecker read the following Proclamation honoring National Future Farmers of America (FFA)Week on behalf of the Board, which was then presented to representatives of the Pittsylvania County Schools, and student representatives of the FFA program. Pittsylvania County Board of Supervisors Proclamation NATIONAL FUTURE FARMERS OF AMERICA February 2013 WHEREAS, the National Future Farmers of America Foundation established a National FFA Week in 1947 to encompass February 22, George Washington’s Birthday, to insure that national recognition stayed with this honorable organization; and WHEREAS, National Future Farmers of America (FFA) Week has been celebrated for more than 80 years growing in tradition to a current membership nationally of 550,000 members; and WHEREAS, this membership comes from rural, suburban and urban environments all providing a great interest in the diversification and careers within agriculture; and WHEREAS, Future Farmers of America (FFA) members are the innovators and leaders of tomorrow through agricultural education and hands on learning, they provide more than 300 careers in the food, fiber and natural resource industry; and THEREFORE, BE IT HEREBY PROCLAIMED, by the Pittsylvania County Board of Supervisors, that the week of February 17, 2013 through February 24, 2013 shall be designated as National Future Farmers of America Week in Pittsylvania County; and BE IT FURTHER PROCLAIMED that the Pittsylvania County Board of Supervisors request all of the citizens of Pittsylvania County to participate with the high schools’ FFA Chapters and the designated activities occurring between February 17, 2013 through February 24, 2013 in Pittsylvania County commemorating National Future Farmers of America (FFA) Week. Motion was then made by Mr. Harville, seconded by Mr. Snead, to approve Resolution 2013 -02- 07 presented to Mr. Dexter Adams, and the Proclamation recognizing National Future Farmers of America Week in Pittsylvania County, which was unanimously approved by the Board. Adjourned Meeting February 19, 2013 Unfinished Business At their regular meeting on February 4, 2013, a motion was made by Mr. Snead, seconded by Mr. Barksdale, for the reappropriation of funds as follows: 17,906.44 to Sheriff- Overtime (100-4-031200-1200), $199.67 to Clerk of Court-Copier Lease (100-4-021600-60051), $150.00 to Sheriff-DARE Supplies (100-4-031200-6002), $60.00 to Sheriff-Parts (100-4- 031200-6030), $250.00 to Sheriff-Svc Costs-Labor (100-4-031200-6031), $26.39 to Volunteer Fire Department (VFD)-Telephone (100-4-032200-5230), $308.00 to VFD-United Way Contributions (100-4-032200-5567), $1708.08 to Jail-Extradition (100-4-033100-5550), $18,001.49 to E911-Telephone (100-4-035500-5230), $260.00 to Library-Postage (100-4- 073100-5210), $4,389.72 to Library-Computer Supplies (100-4-073100-6021), $12,984.98 to WIA-Rent (251-4-353160-5420), $5,487.74 to Memorial Gifts Fund-Funiture and Fixtures (265- 4-073320-6003). This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Ecker-Yes. Mr. Snead’s motion was unanimously approved by the Board. New Business There were no recommendations from the Finance Committee meeting. Motion was made by Mr. Harville, seconded by Ms. Bowman, to appropriate a $500.00 Virginia Breast Cancer Grant, which required no local match, given to the library for the purpose of purchasing books. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Ecker-Yes. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the appropriation of $110,000.00 of collected rescue billing payments to the Rescue Billing Enterprise Fund. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Ecker-Yes. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Amendment 1 to the Reynolds-Clark Development, Inc. contract for a total of $2,162.00 for a habitat survey required by the Virginia Department of Environmental Quality and the United States Corps of Engineers, entitled “Smooth Coneflower Habitat Survey”, and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Board Appointments Motion was made by Mr. Harville, seconded by Mr. Snead, to appoint Mr. Joey Knight as the Westover District Representative to the Purchase of Development Rights Subcommittee, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, to appoint Mr. Ed Hairston as Citizen at Large to represent Pittsylvania County on the West Piedmont Planning District Commission, which was unanimously approved by the Board. Adjourned Meeting February 19, 2013 Items Added Motion was made by Mr. Barber, seconded by Barksdale, to appoint Mr. George Henderson as the Tunstall District Representative on the Beautification Committee, which was unanimously approved by the Board. Board Announcements Mr. Ecker reminded everyone of the Joint Meeting of the Board of Supervisors and Danville City Council to be held at the Olde Dominion Agriculture Center on Monday, February 25, 2013 from 6:00pm to 8:00pm. Closed Session Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to enter into Closed Session for the following purpose: 2. 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 negotiating and litigating posture of the public body. Authority: §2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Appalachian Power Company (APCO) Agreement/ Shoreline Management Plan Purpose: Briefing on Legal Issues concerning APCO permitting requirements Mr. Hagerman’s motion was unanimously approved by the Board and they entered into Closed Session at 8:10pm. Motion was made by Mr. Snead, seconded by Mr. Barber, 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 Tuesday, February 19, 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 Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session at 8:30pm. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve the Settlement Agreement for Revisions to the Shoreline Management Plan for the Smith Mountain Pump Storage Project No. 2210, and authorized Chairman Ecker to sign on behalf of Pittsylvania Adjourned Meeting February 19, 2013 County, pending approval by Mr. Hunt, County Attorney, which was unanimously approved by the Board. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:32pm.