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05-21-2013 Adjourned MeetingPittsylvania County Board of Supervisors Tuesday, May 21, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, May 21, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Brenda H. Bowman, Vice-Chair, called the meeting to order at 7:01 p.m. The following members were present: Coy E. Harville Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Brenda H. Bowman Chatham-Blairs District Tim R. Barber Tunstall District The Honorable Marshall Ecker, Staunton River District and Chairman of the Board of Supervisors, and the Honorable James H. Snead, Dan River District, were absent. Mr. William D. Sleeper, 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. Barksdale led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the agenda with the deletion of Item #11-Request for Surplus Vehicle from the Bachelors Hall Volunteer Fire Department, which was unanimously approved by the Board, with the exception of Mr. Ecker and Mr. Snead, who were absent. Hearing of the Citizens Jason Andrews of the Callands-Gretna District thanked the Board of Supervisors for all they do for the County and offered a word of prayer. Wayne Robertson, Chatham-Blairs Representative for the Pittsylvania County School Board thanked the Board of Supervisors for their approval and adoption of the FY2013/14 School Budget. George Stanhope of the Callands-Gretna District made comments concerning the inordinate length of time it took Gretna Rescue Squad to respond to a call made (twice) to come to his home, and asked the Board of Supervisors to do something about them-either make the squad do what they were supposed to or do away with that rescue squad. Karen Maute of the Westover District shared a resolution on keeping the ban on uranium mining in place adopted May 14, 2013 by the Town of Culpepper which she felt was a well-developed resolution, and asked the Board of Supervisors to shore up their local laws and ordinances concerning this issue; to look that their existing comprehensive, solid waste ordinance and zoning ordinance; to grandfather in existing mining operations, such as sand mining like Mr. Harville’s; so that the County can protect itself. Richard Shumate of the Westover District offered a word of prayer for the Moore, Oklahoma tornado victims, and then commended the Board of Supervisors for finding ways to stretch the County’s funds while going through the FY2013/14 budget process. This concluded the Hearing of the Citizens. Adjourned Meeting May 21, 2013 Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda, with Item #5(c), Foster Care Awareness Month Proclamation to be approved separately, which was unanimously approved by Board with the exception of Mr. Ecker and Mr. Snead who were absent. (a) Regional One – June 2013 (b) Out of State Travel – Training; Office of Emergency Service (d) Letter of Thanks – Town of Hurt Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve the Foster Care Month proclamation, which was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead who were absent. Ms. Rena Vaughn of the Pittsylvania County Social Services Department was on hand to accept the proclamation and briefly spoke to the Board about foster care and foster care parenting in the County. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION FOSTER CARE MONTH May 2013 WHEREAS, the family, serving as the primary source of love, identity, self-esteem and support, is the very foundation of our communities and our State, and WHEREAS, in Pittsylvania County there are 13children and youth in foster care being provided with a safe, secure and stable home along with the compassion and nurture of a foster family, and WHEREAS, all young people in foster care need a meaningful connection to a caring adult who becomes a supportive and lasting presence in their lives, and WHEREAS, foster, kinship and adoptive families, who open their homes and hearts and support children whose families are in crisis, play a vital role in helping children and families heal and reconnect thereby launching young people into successful adulthood, and WHEREAS, dedicated foster families frequently adopt foster children, resulting in a greater need for more foster families, and WHEREAS, there are numerous individuals, public and private organizations who work to increase public awareness of the needs of children in and leaving foster care as well as the enduring and valuable contribution of foster parents, and the foster care “system” is only as good as those who choose to be part of it, NOW, THEREFORE, the Board of Supervisors of Pittsylvania County does hereby proclaim May as FOSTER CARE MONTH in Pittsylvania County and urge all citizens to come Adjourned Meeting May 21, 2013 forward and do something positive that will help change a lifetime for children and youth in foster care; and BE IT FURTHER PROCLAIMED that a copy of this resolution be distributed to all media sources. Public Hearings Rezoning Cases Case 1: Larry K. Warrick & Sandra B. Warrick – Tunstall District; R-13-023 Ms. Bowman opened the public hearing at 7:20pm. Mr. Shelton explained that Larry and Sandra Warrick had petitioned to rezone 12.76 acres, located on State Road 876/Mangrum Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to subdivide a lot for their son).The Planning Commission, with no opposition, recommended denying the petitioners’ request. Larry Warrick was present to represent the petition and offered the following proffer for the Board’s consideration. No one signed up to speak and Ms. Bowman closed the hearing at 7:24pm. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve the petitioners’ request with the proffer as presented and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Mr. Barber- Yes; Mr. Harville-Yes; Mr. Barksdale-Yes; Mr. Ecker-Absent; Mr. Snead-Absent; and Ms. Bowman-Yes. Mr. Barber’s motion was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Case 2: J. Matthew Doss & Lori Martin Doss – Callands-Gretna District: R-13-024 Ms. Bowman opened the public hearing at 7:26pm. Mr. Shelton explained that Matthew and Lori Doss had petitioned to rezone theR-1, Residential Suburban Subdivision District portion of 40.69 acres (approximately 19.50 acres), located on State Road 879/Gordon Road in the Callands-Gretna Election District to A-1, Agricultural District (to make the parcel one zoning designation to allow for construction of a swimming pool).The Planning Adjourned Meeting May 21, 2013 Commission, with no opposition, recommended granting the petitioners’ request. Matthew Doss was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:27pm. Motion was made by Mr. Hagerman, seconded by Mr. Barber to approve the petitioners’ request and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Barksdale-Yes; Mr. Ecker-Absent; Mr. Snead-Absent; and Ms. Bowman-Yes. Mr. Hagerman’s motion was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Case 3: Mavis Neal Brooks – Staunton River District: R-13-025 Ms. Bowman opened the public hearing at 7:29pm. Mr. Shelton explained that Mavis Brooks had petitioned to rezone 5.49 acres, located on State Road 685/Telegraph Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for a small greenhouse). The Planning Commission, with opposition, recommended denying the petitioner’s request. Mavis and Kenneth Brooks were there to represent the petition and submitted petitions in favor of the proposed greenhouse. Mr. William Reece, adjacent landowner, stated the proposed site for this greenhouse was a little over 100 feet from his kitchen door and was highly opposed to the petitioner’s request, stating concerns of potential erosion onto his property, along with the fact the greenhouse itself would be so close to his home. No one else signed up to speak. Mr. Brooks stated that a greenhouse located on a different area of Ms. Brooks’ property and recently discovered the property was dually zoned. Bowman closed the hearing at 7:33pm. Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to approve the petitioner’s request . Mr. Harville was concerned about the petitioners’ addresses not being checked by staff since the petitions were just introduced and was supporting the Planning Commission’s recommendation to deny the petitioner’s request. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Mr. Barber-No; Mr. Harville-No; Mr. Barksdale-Yes; Mr. Ecker-Absent; Mr. Snead-Absent; and Ms. Bowman-Yes. Mr. Hagerman’s motion was approved by a 3-2 majority vote of the Board with Mr. Harville and Mr. Barber opposing, and the exception of Mr. Ecker and Mr. Snead, who were absent. Case 4: Withdrawn; R-13-026 Case 5: Mechlenburg Electric Cooperative – Staunton River District; R-13-027 Ms. Bowman opened the public hearing at 7:37pm. Mr. Shelton explained that Mecklenburg Electric Cooperative had petitioned to rezone the A-1, Agricultural District portion of 0.64 acre (approximately 0.42 acre) to R-1, Residential Suburban Subdivision District. The petitioner has also requested to rezone 0.08 acre from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to make the parcels one zoning designation to be combined with the adjacent parcel of land zoned R-1 and to allow for construction of a new electrical power substation). The two parcels, a total of 0.72 acre, are located on State Road 606/Edmunds Road and State Road 640/Renan Road, in the Staunton River Election District. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Brian Woods with Mecklenburg Electric Cooperative was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:40pm. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to approve the petitioner’s request and the following Roll Call Vote was recorded: Mr. Hagerman -Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Barksdale-Yes; Mr. Ecker-Absent; Mr. Snead-Absent; and Ms. Bowman-Yes. Mr. Barkdale’s motion was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Adjourned Meeting May 21, 2013 Case 6: Michael Ray Puckett & Sunshine Dawn Puckett – Westover District; R-13-028 Ms. Bowman opened the public hearing at 7:40pm. Mr. Shelton explained that Michael and Sunshine Puckett had petitioned to rezone a total of 0.78 acre, two parcels of land, located on Poplar Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to RC-1, Residential Combined Subdivision District (for a child care service). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Sunshine Puckett was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:42pm. Motion was made by Mr. Harville, seconded by Mr. Barksdale to approve the petitioners’ request and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Mr. Barber-Yes; Mr. Harville-Yes; Mr. Barksdale- Yes; Mr. Ecker-Absent; Mr. Snead-Absent; and Ms. Bowman-Yes. Mr. Harville’s motion was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. This concluded the Rezoning Cases Unfinished Business At their regular meeting on May 6, 2013, a motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the following reappropriation of funds: $199.67 to Clerk of Court-Copier Lease (100-4-021600-60051), $940.00 to Sheriff-Parts (100-4-031200- 6030), $1,621.20 to Sheriff-Labor (100-4-031200-6031), $1,658.04 to Jail-Extradition (100-4- 033100-5550), $67.40 to Animal Control-Advertising (100-4-035100-3600). $5,102.00 to E911-Telephone (100-4-035500-5230), $2,580.00 to CPMB-CSA Pool Program (100-4- 053500-7003), $260.00 to Library-Postage (100-4-073100-5210), $12,984.98 to WIA-Rent (251-4-353160-5420), which required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Mr. Barber-Yes; Mr. Harville- Yes; Mr. Barksdale-Yes; Mr. Ecker-Absent; Mr. Snead-Absent; and Ms. Bowman-Yes. Mr. Barber’s motion was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. New Business Motion was made by Mr. Harville, seconded by Mr. Barber, to set a public hearing for June 18, 2013 to amend Chapter 16 of the Pittsylvania County Code to authorize the use of police powers to include “Employment of Off-Duty Officers” and authorized by §15.23-1712, Code of Virginia, 1950, as amended, which was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Motion was made by Mr. Barber, seconded by Mr. Hagerman, to allow the Sheriff’s Office to apply for the 2013 COPS Hiring Program (CHP) grant and authorize the County Administrator to sign any documents related to this grant application process, which was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to set a public hearing on June 18, 2013 for a proposed amendment to Section 42-8(B)(4) of the Pittsylvania County Code that would allow private individuals to allow street signage that would reach private properties that are not in developments or subdivisions into the 911 System of Pittsylvania County; that the cost of such sign would be $150 for a double-faced sign and $50 for the Adjourned Meeting May 21, 2013 installation and replacement at no cost to the citizen, which was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to send the proposed Credit Card Policy, with the addition of the following last line: “No part of this document may be altered or changed without a vote of the Board of Supervisors.” to the Legislation Committee for review, which was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Appointments Motion was made by Mr. Hagerman, seconded by Mr. Harville, to appoint Andrea L. Johnson to the Social Services Board as the Callands-Gretna representative for a term that would begin July 1, 2013 and end June 30, 2017, which was unanimously approved by the Board with the exception of Mr. Ecker and Mr. Snead, who were absent. Board Announcements Ms. Bowman stated there would be a Legislative Committee meeting held on June 18, 2013 at 4:30pm. County Administrator Mr. Sleeper stated that the Board of Supervisors should submit recommendations to the County Administrator’s office to be forwarded to the Virginia Department of Transportation concerning the upcoming 2014-2019 Six-Year Improvement Plan for primary roads and rails in Pittsylvania County. Mr. Sleeper stated a letter from the Department of Conservation and Recreation stating that Pittsylvania County’s draft Stormwater Management Ordinance shows the necessary improvements and efforts being made to meet the criteria of the State provisions of 10.1 - 603.3.A, of the Code of Virginia, 1950, as amended. Therefore, Pittsylvania County has requested a twelve (12) month extension in order to meet the extensive guidelines identified in this code section and the Department of Conservation and Recreation is stating that their Water Control Board will meet on June 6, 2013, and it is expected that the Board will vote to approve the extension requirements for twelve (12) months for Pittsylvania County to be able to comply with the requirements of Section 10.1-603.3.A, Code of Virginia, 1950, as amended. Adjournment Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:15pm. _______________________________________ Brenda H. Bowman, Chairman Pittsylvania County Board of Supervisors _______________________________________ William D. Sleeper, Clerk Pittsylvania County Board of Supervisors