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10-07-2013 bos reg meetingRegular Meeting October 7, 2013 Pittsylvania County Board of Supervisors Monday, October 7, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, October 7, 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 James Snead Dan River District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Tim Barber Tunstall District Mr. Otis S. Hawker, Interim County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. A moment of silence was observed to honor the passing of the Honorable Marshall A. Ecker, Staunton River District Supervisor, who died Thursday, September 26, 2013. 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: Additions: (a) Resolution – Breast Cancer Awareness Month (to be place and voted on under Consent Agenda) (b) Appointment to the Pittsylvania County Planning Commission – Staunton River District (c) Replacement – Staunton River District Representative on the Pittsylvania County Board of Supervisors (d) Closed Session: Discussion of the acquisition of real property for a public purpose, or of the disposition of publicly head real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) of the Code of Virginia, 1950, as amended Subject Matter: Acquisition of Property Purpose: Potential acquisition of property for public purpose Mr. Harville’s motion was unanimously approved by the Board. Hearing of the Citizens Mary Catherine Plaster of the Chatham-Blairs District and representative for the Pittsylvania County Historical Society informed the Board of Supervisor’s this year marked the 40th anniversary of the County’s Historical Society and invited the Board to attend the Society’s anniversary meeting on October 21, 2013 at the Town of Chatham’s 1813 Clerk’s Office. This meeting will also celebrate 200th anniversary of the 1813 Clerk’s Office. Matthew Speck of the Staunton River District offered a word of prayer. George Henderson of the Tunstall District addressed the Board of Supervisors on behalf of the Pittsylvania County Concerned Citizens with comments opposing the Board’s majority decision at the Special Call Board meeting on October 2, 2013 to elect a new Chairman and Vice-Chairman following the death of the Honorable Marshall Ecker, Chairman and Staunton River District representative, instead of allowing the Ms. Brenda Bowman to move from her then position as Vice-Chair and assume the duties as Chairman until the Re-organizational Meeting in January 2014. Tinker Burkhart made comments opposing the Special Call meeting of the Board and the Board’s majority vote to elect a new Chairman and Vice-Chairman instead of allowing Ms. Bowman to move from her then position as Vice-Chair to the Chairman’s position. Regular Meeting October 7, 2013 This concluded the Hearing of the Citizens. Mr. Snead recognized the attendance of Boy Scout Troop #372 from Ringgold, Virginia. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda. Consent Agenda: (a) Minutes: September 3, 2013 - Regular Meeting September 9, 2013 – Special Call Meeting September 17, 2013 – Adjourned Meeting (b) Bill List September 2013 (Online) (c) Certificate Presentation to the Winners of the Beautification Poster Contest (d) Resolution – Riverbend Volunteer Fire Department – 25th Anniversary Mr. Harville’s motion was unanimously approved by the Board. Ms. Bowman and members of the Beautification Committee gave out certificates to the winners of the Beautification Poster Contest. Entrants were from Grades K-5 in the Pittsylvania County Schools. This was the committee’s first year of holding a youth poster contest displaying the value of a clean community. Certificates were awarded to the 1st, 2nd, and 3rd place winners in each grade level, totaling 18 winners. Pittsylvania County Board of Supervisors RESOLUTION 2013-10-02 VIRGINIA: In the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, the following resolution was presented and adopted by the Pittsylvania County Board of Supervisors at its regular meeting held on Monday, October 7, 2013: WHEREAS, the Riverbend Volunteer Fire Department is celebrating twenty-five (25) years of dedicated service in providing fire protection to the Riverbend community; and WHEREAS, the Riverbend Volunteer Fire Department, Station #40, was established in 1988 when the City of Danville annexed the Westover Hills community area; and WHEREAS, to provide the Riverbend community with fire protection that it would have otherwise been without due to the annexation, the Westover Hills Volunteer Fire Department relocated to the Ferry Road site and its dedicated members were able to continue to serve the community; and WHEREAS, three (3) trucks were brought to the Ferry Road Station by the Westover Hills Volunteer Fire Department: a 1972 Chevy Pumper, a 1978 Ford Tanker, and a 1969 GMC Utility Truck; and WHEREAS, the Riverbend Volunteer Fire Department has a three (3) bay firehouse which was built by its own members; and WHEREAS, over the years, the Riverbend Volunteer Fire Department has acquired and maintained, along with the help of various sources, a 1985 GMC Brush Truck, 1989 GMC Tanker, 2001 Mini Pumper, 2010 Freightliner Tanker-Pumper, a 2011 John Deere Gator Off-Road Brush Fire Attacker, and a 2000 Ford Personal Transport Car; and WHEREAS, the Riverbend Volunteer Fire Department was licensed in 2005 as an emergency provider, becoming a First Responder Agency as well as providing fire protection to the community; and WHEREAS, the Riverbend Volunteer Fire Department has thirty (30) dedicated members with certifications ranging from Firefighter Cadet to Instructor level; and Emergency Responder to Emergency Medical Technician Intermediate level; then BE IT HEREBY RESOLVED that the Board of Supervisors of Pittsylvania County, on the behalf of the citizens of Pittsylvania County, congratulate and thank the Riverbend Volunteer Fire Department and its members for providing 25 years of invaluable service to the citizens of Pittsylvania Regular Meeting October 7, 2013 County and the Board of Supervisors wishes the Riverbend Volunteer Fire Department and its members a safe and successful future providing protection to the citizens of Pittsylvania County; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Riverbend Volunteer Fire Department. Public Hearing Public Hearing to receive citizen input on proposed amendments to Chapter 17, Solid Waste Disposal, of the Pittsylvania County Code. The proposed amendment to Section 17- 21 would reduce the penalties under Article II from a Class 2 misdemeanor to a Class 3 misdemeanor; and a proposed revision of Section 17-19 would provide for a permanent affidavit on properties vacant. Mr. Snead opened the public hearing at 7:30pm. Mr. Hawker explained the purpose of the public hearing was to make amendments to Chapter 17 of the Pittsylvania County Code. The first amendment proposed was to Section 17-21-Violations of Chapter, which was reduced a violation of the code concerning illegal dumping at a compactor site from a Class 2 misdemeanor to a Class 3 misdemeanor. The seconded proposed amendment was to Section 17 -19 which would allow a citizen to submit a permanent affidavit of vacancy on properties not occupied, and thus exempt that property from the Solid Waste Disposal fee, with the understanding that the affidavit is perpetual only if the property remains vacant. Should the property become occupied, the owner of the property is required to notify the Commissioner of Revenue’s Office with 30 days of the change in occupancy and that failure to notify the Commissioner of Revenue ’s Office within that 30 day period would be deemed as fraud, prosecuted by the appropriate County entity to the fullest extent of the law, and may subject the owner of the property to criminal/civil penalties, fines, payment of back Solid Waste Disposal fees and interest, and incarceration. The only person signed up to speak was Richard Shumate, Jr. of the Westover District who made comments opposing writing tickets at compactor sites and was opposed there being fines. No one else signed up to speak and Mr. Snead closed the hearing at 7:32pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the proposed amendments as presented 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 the presented proposed changes to Chapter 17, Solid Waste Disposal, of the Pittsylvania County Code. This concluded the public hearing. Presentations Mr. Ned Smither with Edge Municipal Advisors, and financial advisor for the Board of Supervisors, presented the County’s financial forecast. In September 2012, the Board of Supervisors agreed to participate with the Virginia Department of Historic Resources and with Preservation Virginia in order to complete a survey of historic tobacco barns in Pittsylvania County. Ms. Sonja Ingram from Preservation Virginia gave a brief summary of the survey of tobacco barns in Pittsylvania County. Unfinished Business At their adjourned meeting on September 17, 2013, a motion was made by Mr. Harville, seconded by Mr. Barber, to approve an appropriation of $45,000.00 to the Electoral Board’s Budget (line item #100-4-013100-6003) for the purchase of voting equipment and supplies. This 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; and Mr. Snead-Yes. Mr. Harville’s motion was unanimously approved by the Board. New Business Motion was made by Mr. Harville, seconded by Ms. Bowman, pursuant to authority contained in §24.2-226 of the Code of Virginia, 1950, as amended, to authorize the County Attorney to petition the Pittsylvania County Circuit Court to issue a Writ of Special Election for a Special Election to be held on Tuesday, November 4, 2014, to fill the Staunton River Electoral District vacancy, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to give the Interim County Administrator authority to obtain sealed bids or to seek out an existing federal or state contract that has already been competitively bid and approved by the Commonwealth of Virginia procurement procedures for the replacement of the landfill’s track hoe at an estimated cost of Regular Meeting October 7, 2013 $200,000.00, noting that the County has already received $78,000.00 from the insurance claim on the destroyed track hoe and the remaining $122,000.00 will come from existing landfill funds. Mr. Barksdale’s motion was unanimously approved by the Board. 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. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to amend the Sheriff’s Office 2013-2014 budget and appropriate a Trunk or Treat Donation of $2,080.00 to line item 100-4-031200-5878. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Barkdale’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to amend the Sheriff’s Office 2013/14 budget and appropriate a K-9 Donation of $3,795.00 to line item 100-4-031200-60451 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman- Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve Resolution 2013- 10-03 to Opt Out of the Virginia Retirement System (VRS) for the Virginia Local Disability Program (VLDP) and approve a comparable plan provided by the Virginia Association of Counties Self- Insurance Risk Pool (VACoRP) and Standard Insurance Company, and to authorize the Interim County Administrator to sign the resolution and the VACoRP agreement on behalf of the County, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2013-10-03 Irrevocable Election Not to Participate in Virginia Local Disability Program WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program (“VLDP”) for the payment of short-term and long-term disability benefits for certain participants in the hybrid retirement program described in the Virginia Code § 51.1-169; and WHEREAS, for purposes of VLDP administration, an employer with VLDP-eligible employees may make an irrevocable election on or before November 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 20 14, because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long term care coverage, by January 1, 2014; and WHEREAS, it is the intent of Pittsylvania County, 55171, to make this irrevocable election to request that its eligible employees not participate in VLDP; NOW, THEREFORE, IT IS HEREBY RESOLVED that Pittsylvania County irrevocably elects not to participate in VLDP because it has or will establish, and continue to maintain comparable employer-paid disability coverage for such employees; and it is further RESOLVED that, as an integral part of making this irrevocable election, Pittsylvania County certifies that it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees. Regular Meeting October 7, 2013 Motion was made by Mr. Harville, seconded by Mr. Barber, to approve an appropriation of $2,500.00 to the Regional Alliance for Substance Abuse Prevention Grant received by the Pittsylvania County Sheriff’s Department and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Barksdale-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve Resolution 2013-10-01 authorized the Interim County Administrator to review, approve and sign a Virginia Community Development Block Grant (CDBG) application and supporting document for $700,000.00 for Project Tire to the Virginia Department of House and Community Development a CDBD grant in the community, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2013-10-01 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR PROJECT TIRE TO THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT IN THE COMMUNITY ECONOMIC DEVELOPMENT GRANT FUND PROGRAM FOR PITTSYLVANIA COUNTY, VIRGINIA At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on October 7, 2013, the following resolution was presented and adopted. WHEREAS, Project Tire will locate in the Cane Creek Centre industrial park in Pittsylvania County, Virginia; and WHEREAS, Project Tire will spend $16,298,000 in private funds on capital investments for this project, creating additional tax base for Pittsylvania County and improving the economic vitality of the entire region; and WHEREAS, Project Tire will create 111 new jobs in the Cane Creek Centre within a three year period, with 52 percent of the individuals employed to be low and moderate income persons; and WHEREAS, Pittsylvania County will have to make off-site utility system improvements in order to meet the utility demands of the project and induce the private company to locate in Pittsylvania County; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County, pursuant to two properly advertised public hearings, supports an application for $700,000 of Virginia Community Development Block Grant funds for an off-site economic development project known as Project Tire, to be located in Cane Creek Centre in Pittsylvania County; and agrees that this project is consistent with the Comprehensive Plan of Pittsylvania County; and BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the County Administrator to review, approve and sign the application and supporting documents for the submission of this Virginia Community Development Block Grant application. Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve funding a joint training program with the Board of Supervisor’s Regular Operating Budget in the amount of actual incurred cost, but no more than $1,000.00 about new zoning policies and zoning related Code of Virginia changes. This training would be for the following: Board of Zoning Appeals, Planning Commission, and the Board of Supervisors, and will be held on Thursday, November 21, 2013 between the hours of 6:00-9:00pm in the Main Conference Room of the Captain Martin Building in Chatham, Virginia. Mr. Barber’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, that the Board reconsider their position on Change Order No. 1 for the Moses Building Stand-By Generator Installation that was submitted to the Board at their adjourned meeting on August 20, 2013 and approved this change order, and to authorize the Interim County Administrator to sign all necessary documentation. At that meeting the Board of Supervisors requested the engineer and contractor share the change order cost of $4,350.00. After receiving a more detailed explanation of the nature of the change order from Dewberry of Danville, Mr. Harville’s motion was to approve the change order cost. The Board approved Mr. Harville’s motion by a majority vote of 4 to 2, with Ms. Bowman and Mr. Barksdale in opposition. Regular Meeting October 7, 2013 Motion was made by Mr. Barber, seconded by Mr. Harville, to approve Change Order No. 1 submitted by Haymes Brothers, Inc. for the Ringgold East Industrial Park in the amount of $15,162.90, which consisted of adjusting unit costs; deductions and additions, in order to close out this project, and to 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 award a bid to Banister Bend Mitigation Bank at a cost of $254,510.00 on 821 stream mitigation credits that were required for permitting purposes for the Brosville Industrial Park by the Department of Environmental Quality and the Corps of Engineers, which was unanimously approved by the Board. Appointments Motion was made by Mr. Barber, seconded by Mr. Harville, to re-appoint Morris Stowe as the Tunstall District representative on the Pittsylvania County Plannin g Commission for a 4-year term that will begin December 5, 2013 and end on December 4, 2017, which was unanimously approved by the Board. Added Items Motion was made by Mr. Hagerman, seconded by Ms. Bowman, to re-appoint Curtis Arthur as the Staunton River District representative on the Pittsylvania County Planning Commission for a 4-year term that will begin November 1, 2013 and end on October 31, 2017, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Hagerm an, to authorize staff to advertise for letters of interest to be submitted to the Interim County Administrator from any registered voters in the Staunton River Electoral District wishing to serve as the Pittsylvania County Board of Supervisor representative for the Staunton River District, for a term from the time of appointment until the Special Election to be held in November 2014; that person interested should submit a brief description of why they wish to serve in the position, which may include a re sume and/or any qualification the interested party would like considered, and that all applications must be received no later than 5:00pm on Friday, October 18, 2013, with the intent that the Board of Supervisors would make an appointment by November 4, 2013, which was unanimously approved by the Board. `Closed Session Motion was made by Mr. Harville, seconded by Mr. Barber, to enter into Closed Session for the following: Discussion of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) of the Code of Virginia, 1950, as amended Subject Matter: Acquisition of Property Purpose: Potential acquisition of property for public purposes. Mr. Harville’s motion was unanimously approved by the Board and they entered into Closed Session at 9:05pm. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to re-enter into 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, October 7, 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 Coy E. Harville Yes Regular Meeting October 7, 2013 Jessie L. Barksdale Yes Tim R. Barber Yes James H. Snead Yes Mr. Harville’s motion was unanimously approved by the Board and they re-entered Open Session at 9:35pm. Adjournment Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn, which was unanimously approved by the Board. The meeting ended at 9:35pm. _______________________________________ James H. Snead, Chairman Pittsylvania County Board of Supervisors _______________________________________ Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors