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09-17-2013 Adjourned MeetingAdjourned Meeting September 17, 2013 Pittsylvania County Board of Supervisors Tuesday, September 17, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 17, 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 7:00 p.m. The following members were present: Marshall Ecker Staunton River District 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, 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. Ms. Ecker led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the agenda with the deletion of the following items: Deletion: (a) Item 12-Request for Public Hearing – Second Hearing for proposed Community Development Block Grant (This item was already approved at the September 3, 2013 meeting of the Board of Supervisors) (b) Flashing Lights at Blairs Volunteer Fire Department Mr. Barber’s motion was unanimously approved by the Board. Hearing of the Citizens Darlene Doss of the Staunton River District offered a word of prayer. Eloise Nenon of the Chatham-Blairs District made comments supporting keeping the State moratorium in place that bans uranium mining in Virginia. Elizabeth Jones of the Banister District and Chair of the Pittsylvania County Democratic Committee, made comments supporting the Board of Supervisors’ willingness to look at zoning definitions and make it more difficult for someone to mine uranium in Pittsylvania County. Ben Davenport of the Chatham-Blairs District thanked the Board for their support in opposing uranium mining and developing their own resolution stating such; that the Danville - Pittsylvania County Chamber of Commerce also supports the Board’s resolution; and commented there is a difference in the Canadian uranium mines and the proposed mine for Coles Hill. Karen Maute of the Westover District commented on the diversity of the County’s citizens and geographic region; thanked the Board for looking at strengthening the zoning ordinance concerning uranium mining and hoped that any ordinance that arose would prohibit any new mining in Pittsylvania County but would grandfather the existing mining operations (giving the mining of sand as an example). Deborah Lovelace of the Callands-Gretna District and representative of the Keep the Ban Coalition thanked the Board for allowing citizens to voice their concerns on uranium mining, and for passing a resolution supporting keeping the ban; and made further comments on the southside economy from state statistics. Deborah Dix of the Chatham-Blairs District made comments opposing nuclear power and uranium mining. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Snead, seconded by Mr. Harville, to approve the Consent Agenda, which was unanimously approved by the Board. Adjourned Meeting September 17, 2013 Consent Agenda: (a) Road Name – Silas Cole Farm Road (b) Proclamation – Fire Prevention Week; October 6-12, 2013 (c) Proclamation – National Teach Ag Day; September 26, 2013 Pittsylvania County Board of Supervisors Proclamation October 6 – 12, 2013 “Prevent Kitchen Fires!” Whereas, the County of Pittsylvania is committed to ensuring the safety and security of all those living and visiting our county; and Whereas, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and Whereas, home fires killed more than 2,500 people in the United States in 2011, according to the National Fire Protection Association (NFPA), and fire departments in the United States responded to 370,000 home fires; and Whereas, cooking is the leading cause of home fires in the United States where fire departments responded to more than 156,000 annually between 2007 and 2011; and Whereas, two of every five home fires starts in the kitchen; and Whereas, unattended equipment was a factor in one-third of the reported cooking fires; and Whereas, 57% of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and Whereas, children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire; and Whereas, residents should stay in the kitchen when frying food on the stovetop, keep a three-foot kid-free zone around cooking areas, and keep anything that can catch on fire away from stove tops; and Whereas, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and Whereas, working smoke alarms cut the risk of dying in reported home fires in half; and Whereas, Pittsylvania County’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and Whereas, Pittsylvania County’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and Whereas, the 2013 Fire Prevention Week theme, “Prevent Kitchen Fires!” effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fire; then Therefore, Be It Proclaimed that the Pittsylvania County Board of Supervisors do hereby proclaim October 6-12, 2013 as Fire Prevention Week throughout Pittsylvania County, and urges all of the citizens of Pittsylvania County to check their kitchens for fire hazards and to use safe cooking practices during Fire Prevention Week 2013 and throughout the year, and to support the many public safety activities and efforts of the County’s fire and emergency services. Adjourned Meeting September 17, 2013 The Board of Supervisors presented Ms. Jessica M. Jones Agricultural Science Educator/Future Farmers of America (FFA) Advisor with a Proclamation for National Teach Ag (Agriculture Day) and thanked her and the other educators in Pittsylvania County. Pittsylvania County Board of Supervisors Proclamation National Teach Ag Day September 26, 2013 Whereas, over 12,000 secondary and post-secondary agricultural educators teach in over 7,500 public middle schools and high schools in the United States; and Whereas, approximately one million students receive agricultural education in the United States; and Whereas, more than 500,000 of these students are members of the National Future Farmers of America (FFA) Organization; and Whereas, there is a nationwide teacher shortage in agricultural education and many agricultural education programs suffer from lack of qualified teachers; and Whereas, the National Association of Agricultural Educators, on the behalf of the National Council for Agricultural Education, is organizing National Teach Ag Day on September 26, 2013, as one component of the National Teach Ag Campaign; and Whereas, the goal of National Teach Ag Day is to have every agricultural educator in America teaching a lesson to encourage their students to consider a career in agricultural education; and Whereas, agricultural educators contribute to a strong and effective education in public schools; and Whereas, a student’s growth and future are positively impacted by the dedication and quality teaching of agricultural educators; then Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors proclaims September 26, 2013 as National Teach Ag Day in Pittsylvania County, Virginia, and wishes to express their gratitude to the County’s local agriculture educators for their dedication and contribution in agricultural education and supports the goals and purposes of National Teach Ag Day. Public Hearings Rezoning Cases Case 1: Horace B. Dykes-Callands/Gretna Election District; R-13-048 Mr. Ecker opened the public hearing at 7:29pm. Mr. Shelton explained that Horace Dykes has petitioned to rezone 8.85 acres, located on Highway 40/W. Gretna Road, in the Callands/Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use-horses). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Dykes was present and no one signed up to speak. Mr. Ecker closed the hearing at 7:29 pm. Motion was made by Mr. Hagerman, seconded by Mr. Barber, to approve rezoning Case R-13-048 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes; and Mr. Ecker-Yes. Mr. Hagerman’s motion was unanimously approved by the Board. Case 2: Spencer W. Walker & Angela W. Walker – Westover Election District; R-13-049 Mr. Ecker opened the public hearing at 7:31pm. Mr. Shelton explained that Spencer & Angela Walker had petitioned to rezone 8.510 acres (part of 13.09 acres), located on SR 1800/Wyatt Drive, in the Westover Election District from B-2, Business District, General to R-1, Residential Adjourned Meeting September 17, 2013 Suburban Subdivision District (to allow for construction of a single family dwelling for their son). The Planning Commission, with no opposition, recommended granting the petitioner’s request. No one was present to represent the petition and no one signed up to speak. Mr. Ecker closed the public hearing at 7:32pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R-13-049 from B-2 to R-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber-Yes; and Mr. Ecker-Yes. Mr. Harville’s motion to rezone Case R-13- 049 from B-2 to R-1 was unanimously approved by the Board. Case 3: Herman Eugene Crane, Life Tenant, & Others – Chatham/Blairs Election District; R-13-050 Mr. Ecker opened the public hearing at 7:33pm. Mr. Shelton explained that Herman Eugene Crane & Others have petitioned to rezone 11.20 acres, located on State Road 744/Crane Road, in the Chatham/Blairs Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for placement of a 1979 single-wide mobile home on the property for Mr. Crane’s residence). The Planning Commission, with opposition, recommended granting the petitioners’ request. Raymond Crane was present to represent the petitioners’ request. No one signed up to speak and Mr. Ecker closed the public hearing at 7:34pm. Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to approve rezoning Case R-13-050 from R-1 to A-1 and 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. Ms. Bowman’s motion to rezone Case R-13-050 from R-1 to A-1 was unanimously approved by the Board. Case 4: Robert T. Marshall, Sr. & Others – Tunstall District; R-13-051 Mr. Ecker opened the public hearing at 7:35pm. Mr. Shelton explained that Herman Eugene Marshall, Sr. & Others have petitioned to rezone 13.60 acres, located on U.S. Highway 58 West/Martinsville Highway, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to RMF, Residential Multi-Family District (for a twelve (12) unit apartment building). The Planning Commission, with no opposition, recommended denying the petitioners’ request. Mr. Murray was present to represent the petition. No one signed up to speak . Mr. Shelton stated that the Marshall family had submitted a letter of withdrawal of the petition. Mr. Ecker closed the hearing at 7:37pm. Mr. Barber made a motion, seconded by Ms. Bowman, to accept the letter of withdrawal- without penalty, and 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. Barber’s motion to accept without penalty with letter withdrawal was unanimously approved by the Board. This concluded the Rezoning Cases. Presentations Mr. Kevin Scissons, former Director, Uranium Mines and Mills Division, of the Canadian Nuclear Safety Commission (CNSC) gave a presentation on how uranium mines were designed and regulated in Canadian to present environmental contamination. Ms. Kim Van Der Hyde, Director of Finance, introduced Ms. Amy Childress as the new Comprehensive Services Act Coordinator for Pittsylvania County. Unfinished Business At the Board of Supervisors’ regular meeting on September 3, 2013, a motion was made by Mr. Barber, seconded by Mr. Barksdale, for the reappropriation of funds as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $2,802.40 to Sheriff-Parts (100-4- 031200-6030), $2,540.46 to Sheriff-Svc Costs-Labor (100-4-031200-6031), $278.13 to Jail- Extradition (100-4-033100-5550), $40.00 to Animal Control-Professional Services (100-4- Adjourned Meeting September 17, 2013 035100-3110), $2,551.00 to E911-Telephone (100-4-035500-5230), $260.00 to Library-Postage (100-4-073100-5210), $8,691.09 to Library-Employment Contract (100-4-073100-3171), $19,105.09 to WIA-Other Operating (251-4-353853-6014), $55,024.00 to WIA-Refunds (251-4- 353856-5830), $398.00 to Memorial Gifts Fund-Books (265-4-073310-6012), $45,227.90 to Blairs Middle School Roof (310-4-094150-819133), $5,179.00 to Solid Waste Collections- Repairs & Maintenance (520-4-042300-3310). This motion required a 10-Day Layover that had now been met and 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. Barksdale’s motion was unanimously approved by the Board. New Business Motion came from the Personnel Committee to begin advertising for a new County Administrator with a closing date for applications of November 15, 2013 with the Virginia Association of Counties, the Virginia Municipal League, and one advertisement each in the Chatham Star Tribune and the Richmond Times Dispatch, which was unanimously approved by the Board. Motion came from the Personnel Committee to approve compensating Mr. Otis S. Hawker for assuming the duties as Interim County Administrator, along with his current duties as Assistant County Administrator of Operations, with a total salary of $122,888.00 (the former County Administrator’s salary) until the Board hires a new County Administrator and at that time Mr. Hawker’s salary would refer to its former amount, which was unanimously approved by the Board. There were no recommendations from the Legislative Committee. Motion was made by Mr. Harville, seconded by to set a public hearing on Monday, October 7, 2013 for citizen input on proposed changes to Chapter 17 of the Solid Waste Ordinance, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve a contract amendment in the amount of $8,428.62 for Harris Radio Corporation for the Smith Mountain tower, noting funds were available in the project’s budget, and authorize the Interim County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to approve awarding a bid to Dameron Plumbing in the amount of $20,500.00 for immediate repairs to the chill waterline running across the Circuit Court Clerk’s office, 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 Ms. Bowman, to approve the Agriculture Development Board’s revised bylaws, which was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Barber, to approve an agreement between the Staunton River Medical Center, Inc. (SRMC) and the Pittsylvania County Board of Supervisors concerning a $50,000.00 donation made by the Board of Supervisors to SRMC and to authorize the payment of $50,000.00 to SRMC as previously approved by a majority of the Board of Supervisors at its February 4, 2013 meeting, which was unanimously approved by the Board. Adjourned Meeting September 17, 2013 BBoard. Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 Adjourned Meeting September 17, 2013 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. A motion was made by Mr. Harville, seconded by Mr. Barksdale, to amend the agenda to add an additional item concerning a letter to the Board of Supervisors notifying the Board that H. Blair Reynolds was resigned from the Board of Zoning Appeals due to health issues, which was unanimously approved by the Board. A motion was then made by Mr. Snead, seconded by Mr. Barber, to approve sending the nomination of Mr. Joseph (“Jay”) Craddock to the Circuit Court Judge of Pittsylvania County to consider as the appointment to finish out Mr. Blairs’ vacant term, which was unanimously approved by the Board. Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board. The meeting ended at 9:15pm. _______________________________________ James H. Snead, Chairman Pittsylvania County Board of Supervisors _______________________________________ Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors