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10-22-2013 Adjourned MeetingAdjourned Meeting October 22, 2013 Pittsylvania County Board of Supervisors Tuesday, October 22, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, October 22, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. James H. Snead, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Brenda H. Bowman Chatham-Blairs District Coy E. Harville Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Tim Barber Tunstall District James Snead Dan River District Mr. Otis S. Hawker, Interim County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Gregory L. Sides, Assistant County Administrator for Planning and Development, Mr. Odie H. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Snead led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the agenda with the following additions/deletions: Additions: (a) Recommendations from Property/Building Committee (b) Appointment to the Industrial Development Authority – Chatham-Blairs District (c) Award Contract – Landfill Rolloff Truck (d) Jail Showers (e) Jail Infrastructure Deletions: Danville-Pittsylvania Community Services 2013 Annual Report (Postponed until November 4, 2013 meeting) Mr. Harville’s motion was unanimously approved by the Board. Hearing of the Citizens Matthew Speck of the Staunton River District offered a word of prayer. This concluded the Hearing of the Citizens. Public Hearings Rezoning Cases Case 1: Timber Creek Properties, LLC – Westover District; R-13-052 Mr. Snead opened the public hearing at 7:05pm. Mr. Shelton explained that Timber Creek Properties, LLC, had petitioned to rezone 2.45 acres and 0.75 acre from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the adjacent parcels of land zoned A-1). Both parcels are located on SR1526/Astin Lane in the Westover Election District. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Donald Merricks was present to represent the case and no one signed up to speak. Mr. Snead closed the hearing at 7:06pm. Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve rezoning Case R-13-052 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman- Yes; Mr. Hagerman-Yes; Mr. Harville-Yes; and Mr. Snead-Yes. The Board unanimously approved Mr. Harville’s motion to approve rezoning Case R-13-052 from R-1 to A-1. Case 2: Joyce B. Wilson – Tunstall District; R-13-053 Mr. Snead opened the public hearing at 7:07pm. Mr. Shelton explained that Joyce B. Wilson had petitioned to rezone 6.81 acres, located on State Road 841/Whispering Pines Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for placement of a second dwelling, a single-wide mobile home, for her grandson’s residence). The Planning Commission, with opposition, recommended granting the petitioner’s request. Janet Wilson was present to represent the petition and submitted the following proffer: Adjourned Meeting October 22, 2013 No one signed up to speak and Mr. Snead closed the hearing at 7:08pm. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve rezoning Case R-13-053 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman- Yes; Mr. Hagerman-Yes; Mr. Harville-Yes; and Mr. Snead-Yes. The Board unanimously approved Mr. Barber’s motion to approve rezoning Case R-13-053 from R-1 to A-1. Case 3: Ralph D. Echols – Westover District; R-13-054 Mr. Snead opened the public hearing at 7:10pm. Mr. Shelton explained that Ralph Echols had petitioned to rezone 23.74 acres, located on State Road 872/Vandola Church Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to subdivide the parcel for family members). Mr. Shelton also explained that Mr. Echols had proffered that all deeds pertaining to the above referenced parcel would have restrictions prohibiting the placement of single-wide mobile homes, to satisfy the concerns of adjacent property owners and neighbors. Adjourned Meeting October 22, 2013 The Planning Commission, with no opposition, recommended granting the petitioner’s request. Caroline Echols was present to represent the petition. No one signed up to speak and Mr. Snead closed the hearing at 7:12pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve rezoning Case R-13-054 from R-1 to A-1, with the inclusion of the proffer, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; Mr. Harville-Yes; and Mr. Snead-Yes. The Board unanimously approved Mr. Harville’s motion to approve rezoning Case R-13-053 from R-1 to A-1. Case 4: Larry Thomas Burnett, Jr. – Dan River District; R-13-055 Mr. Snead opened the public hearing at 7:13pm. Mr. Shelton explained that Larry Thomas Burnett, Jr. had petitioned to rezone 2.06 acres, located on Cavalier Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the adjacent parcel of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Bonnie McDarmont was present to represent the petition. No one signed up to speak and Mr. Snead closed the hearing at 7:14pm. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve rezoning Case R-13-055 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; Mr. Harville-Yes; and Mr. Snead-Yes. The Board unanimously approved Mr. Barber’s motion to approve rezoning Case R-13-055 from R-1 to A-1. Case 5: Jeffrey B. Hill & Kathy Jo Hill – Staunton River District: R-13-056 Mr. Snead opened the public hearing at 7:15pm. Mr. Shelton explained the Jeffrey and Kathy Hill had petitioned to rezone 14.41 acres, located on State Road 629/Piney Grove Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for placement of a second dwelling, a single-wide mobile home, for his mother’s residence). The Planning Commission, with no oppositi on, recommended granting the petitioner’s request. Mr. Hill was present to represent the petition. No one signed up to speak and Mr. Snead closed the hearing at 7:16pm. Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to approve rezoning Case R-13-056 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; Mr. Harville-Yes; and Mr. Snead-Yes. The Board unanimously approved Mr. Hagerman’s motion to approve rezoning Case R-13-056 from R-1 to A-1. This concluded the Rezoning Cases. Presentations Dr. Bruce R. Scism, ED.D., new President of the Danville Community College, appeared before the Board of Supervisors to introduce himself to the Board and looked forward to working with the Board in the future. Dr. Matthew L. Arroyo, M.D., M.P.H., new Director of the Danville-Pittsylvania County Health Department, appeared before the Board of Supervisors to introduce himself to the Board and looked forward to working with the Board in the future. Unfinished Business At their regular meeting on October 7, 2013, a motion was made by Mr. Harville, seconded by Mr. Hagerman, for the reappropriaton of funds as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $60.00 to Sheriff-Parts (100-4-031200-6030), $757.12 to Jail-Extradition (100-4-033100-5550), $2,551.00 to E911-Telephone (100-4-035500- 5230), $15,487.80 to WIA-Other Operating (251-4-353853-6014), $145,000 to Economic Development Fund-Industrial Incentives (325-4-081500-8222), $78,000 to Landfill-Capital Outlay Equipment (520-4-094120-8102). Mr. Harville’s motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; Mr. Harville-Yes; and Mr. Snead-Yes. The Board unanimously approved Mr. Harville’s motion. New Business Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve a Fire/Emergency Services Mutual Aid Agreement between the County of Pittsylvania, Virginia and the City of Danville, Virginia and authorize the Interim County Administrator and the County Attorney to sign all necessary documentation, which was unanimously approved by the Board. Adjourned Meeting October 22, 2013 FIRE/EMERGENCY SERVICES MUTUAL AID AGREEMENT BETWEEN THE COUNTY OF PITTSYLVANIA, VIRGINIA AND THE CITY OF DANVILLE, VIRGINIA THIS FIRE/ EMERGENCY SERVICES) MUTUAL AID AGREEMENT (“the Agreement”) is made and entered into this _____day of ________,2013, by and between the COUNTY OF PITTSYLVANIA, VIRGINIA (“County”), a political subdivision of the Commonwealth of Virginia, and the CITY OF DANVILLE, VIRGINIA (“City”), a political subdivision of the Commonwealth of Virginia, (collectively sometimes “the parties”). WHEREAS, both County and City each maintain firefighting equipment and provide these services with the help of dedicated personnel, as authorized by Sections 27-6.1 and 27-23.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Pittsylvania County Board of Supervisors and the City Council of the City of Danville have concurred in the effort to develop a mutual aid agreement for improved firefighting and EMS capabilities within and around the jurisdictions of Pittsylvania County and the City of Danville; and WHEREAS, it is deemed to be mutually beneficial to both County and City to enter into this Agreement concerning mutual aid with regard to the provision of fire suppression and operations, fire prevention, fire investigations, hazardous materials response, specialized rescue response, incident management, emergency medical services, and to serve as the back-up emergency dispatch center by County and City; and WHEREAS, the County of Pittsylvania and the City of Danville desire that the terms and conditions of the Agreement be established. NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual benefits to be derived by County and City from this Agreement, County and City hereby covenant and agree, each with the other, as follows: 1. County and City will endeavor to provide each other fire suppression and operations, fire prevention, fire investigations, hazardous materials response, specialized rescue response, incident management, emergency medical services, and to serve as the back-up emergency dispatch center within their respective capabilities available at the time a request for such service is made. 2. Nothing in this Agreement is intended or shall be interpreted, or construed to compel or require either party to respond to a request for service from the other party when the services of the party to whom the request is being made are already needed or are in use at the time the request is made, nor shall any such request compel or require the party to whom the request was made to continue to provide service to the other party when its personnel, apparatus, or equipment are needed to meet its own emergency response responsibilities. 3. County and City through its recognized fire departments recognize, that they are both fully capable of providing the services which are the subject of this Agreement within their respective boundaries, and have met the necessary training requirements to render the requested service. County and City also recognize that the intent of this Agreement is to supplement needed emergency services during times of need if resources are available and shall not be used to take the place of a service offered by the requesting jurisdiction. 4. Neither party shall be liable to the other for any loss, damage, personal injury, or death, including claims of contribution or indemnity, resulting from the performance of this Agreement, including but not limited to, acts or omissions which occur (1) during joint emergency response activities or (2) while in transit to or from an emergency response scene. 5. Neither party shall be expected or required to reimburse the other for the cost of apparatus, equipment, or personnel utilized as a result of a response to a request for assistance pursuant to this Agreement, unless otherwise specified by law. Adjourned Meeting October 22, 2013 Notwithstanding the foregoing, a party requesting and receiving assistance shall reimburse the other party for the actual cost of specialized extinguishing agents or materials used in the requesting jurisdiction in the performance of this Agreement. Nothing in this agreement shall be construed to prevent either party from seeking reimbursement of the costs of emergency assistance from other individuals or entities or from state or federal funding sources as may be provided by law. 6. County and City fire and EMS/Rescue units shall respond to a call for service only upon request of the official designated for that purpose. The parties shall notify one another of the identity of the official or officials designated to request such assistance. The Pittsylvania County Emergency Communications Center/Dept of Emergency Management will notify both County and City units of all fire and EMS/Rescue calls received within Pittsylvania County where mutual aid assistance is required, and likewise the Danville Emergency Communication Center will notify both County and City units of all fire and EMS/Rescue calls received within Danville where mutual aid assistance is requested. Calls for service received from City will be directed to the Pittsylvania County Emergency Communications Center and calls from County will be directed to the Danville Emergency Communication Center, for appropriate handling. Mutual aid requests through the Virginia Statewide Mutual Aid system, or through regional hazardous materials contracts, shall come through the Virginia Emergency Operations Center. If for any reason requested mutual aid assistance cannot be rendered, then this should be immediately communicated to the requesting party. 7. When a party hereto responds to a request for assistance pursuant to this Agreement, its personnel manning the responding units shall not become employees of the party making such request for purposes of the Virginia Workers Compensation Act. 8. Pursuant to Section 27-23.9 of the Code of Virginia, 1950, as amended, whenever two (2) or more fire companies or departments are called to provide joint services in any district or political subdivision, the commander of the first company to arrive shall have general supervision and control of all such participating companies and departments until an office of such district or political subdivision who is otherwise authorized by law to do so shall assume such general supervision and control. 9. Notwithstanding anything to the contrary contained in this Agreement, nothing in this Agreement is intended or shall be construed to require either party to indemnify or save or hold harmless the other party, including, its officers, agents, and employees, from any liability for any act or omission occurring during or in connection with the performance of this Agreement. 10. Nothing contained in this Agreement shall confer any right upon any person other than the parties to this Agreement. This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to Pittsylvania County or any officer, or employee of Pittsylvania County, or to Danville City or any officer, agent, or employee of Danville City. 11. This Agreement supersedes all previous mutual aid agreements for fire, including memoranda of understandings, for services which are the subject of this Agreement between the County of Pittsylvania and the City of Danville. 12. This Agreement may be amended only in writing, signed by an authorized representative of each party, and may be terminated at any time by either party giving (30) thirty days written notice to the other party. IN WITNESS WHEREOF, Pittsylvania and Danville have caused this Agreement to be executed by their duly authorized representatives, all as of the day and year first above written. COUNTY OF PITTSYLVANIA, VIRGINIA By:___________________________________ Title: Interim County Administrator Adjourned Meeting October 22, 2013 Approved as to form: ______________________ Pittsylvania County Attorney CITY OF DANVILLE, VIRGINIA By:___________________________________ Title: City Manager Approved as to form: _____________________ City Attorney City of Danville, Virginia Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to surplus 17 non- utilized voting machines at the Registrar’s Office; approve the sale of the 17 non -utilized voting machines at a cost of $100.00 to Campbell County; and authorize the Interim County Administrator to sign any necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to ratify the Virginia Department of Transportation Revenue Sharing Safety Improvement Project Application; to approve supporting Resolution 2013-10-04; and authorize the Interim County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Adjourned Meeting October 22, 2013 Motion was made by Mr. Harville, seconded by Mr. Barber, to approve an Agriculture and Forestry Industries Development Fund (AFID) Performance Agreement from Dan River Plants, LLC, and authorize the Interim County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Adjourned Meeting October 22, 2013 Adjourned Meeting October 22, 2013 Adjourned Meeting October 22, 2013 Adjourned Meeting October 22, 2013 Adjourned Meeting October 22, 2013 Adjourned Meeting October 22, 2013 Adjourned Meeting October 22, 2013 Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to approve paying a $500.00 membership fee to the Dan River Basin Association, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve setting a public hearing date of November 19, 2013 for citizen input on proposed changes to Section 31-2a of the Pittsylvania County Code that would include Bachelors Hall Volunteer Fire Department as a recognized medical transport agency within Pittsylvania County, and authorized the staff to advertise the public hearing, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve an appropriation of $173,809.00 received from the Commonwealth of Virginia to the Crisis Intervention Team Program Grant and the following Roll Call Vote was recorded: Mr. Barber- Yes; Mr. Barksdale-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; Mr. Harville-Yes; and Mr. Snead-Yes. The Board unanimously approved Mr. Harville’s motion. Appointments Motion was made by Mr. Barber, seconded by Mr. Harville, to re-appoint Mr. Ronnie Haymore as the Tunstall District representative on the Pittsylvania County Industrial Development Board for 4-year term that would begin on December 1, 2013 and end on November 30, 2017, which was unanimously approved by the Board. Added Items Motion was made by Ms. Bowman, seconded by Mr. Harville, to appoint Dr. Joey Faucett as the Chatham-Blairs District representative on the Pittsylvania County Industrial Development Board for 4-year term that would begin on December 1, 2013 and end on November 30, 2017, which was unanimously approved by the Board. There were no recommendations from the Property/Building Committee. Motion was made by Mr. Harville, seconded by Mr. Barber, to award Virginia Truck Center, Inc. of Roanoke, Virginia the repair contract for an amount of $19,424.31 for an overhaul inframe repair and authorize the Interim County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve advertising a Request For Services for engineering services for the jail shower repairs, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to award a contract to Blair Construction as the lowest quote at $9,096.00 for the exterior concrete work at the Jail Building in Chatham, Virginia, and authorize the Interim County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Adjourned Meeting October 22, 2013 Adjournment Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to adjourn the meeting and reconvene on Thursday, October 24, 2013, at 8:30 a.m. in the Main Conference Room of the County Administration Building, 1 Center Street, Chatham, Virginia, for the purposes of interviewing and selecting a candidate to serves as the temporary Board of Supervisor representative for the Staunton River District of Pittsylvania County, Virginia, until a Special Election is held on Tuesday, November 4, 2014, which was unanimously approved by the Board. The meeting adjourned at 8:09 p.m. until 8:30 a.m. Thursday, October 24, 2013. _______________________________________ James H. Snead, Chairman Pittsylvania County Board of Supervisors _______________________________________ Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors