09-03-2013 regular meetingRegular Meeting
September 3, 2013
Pittsylvania County Board of Supervisors
Tuesday, September 3, 2013
Regular Meeting
VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was
held on Tuesday, September 3, 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 7:01
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. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, and
Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present.
Mr. 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
following additions/deletions:
Additions:
(a) Closed Session –
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 negotiation and litigating posture of the
public body.
Authority: 2-2.3711(A)(7), Code of Virginia, 1950, as amended
Subject Matter: Barbara Hudson v. Pittsylvania County, Virginia and
Board of Supervisors of Pittsylvania County, Virginia
Purpose: Briefing by Legal Counsel
(b) Letter of Support – Town Councilmen for Greece, New York
(c) Proclamation – National Preparedness Month
Deletions: (a) Strike Item #8; Tobacco Indemnification Commission (TIC) Project Tire
Grant Appropriation
Mr. Barber’s motion was unanimously approved by the Board.
Hearing of the Citizens
Matthew Speck of the Staunton River District thanked the Board for their continued stand
on the prayer issue; stated the non-profit defense fund group continues to wait on receiving their
non-profit status and thus decided to not accept any monies until the non-profit status was
approved; and offered a word of prayer.
Regular Meeting
September 3, 2013
Merle Ruttledge of the Chatham-Blairs District made comments concerning an accident
at the Chatham Middle School and condition around the school property he had concerns about.
Don Scearce of the Chatham-Blairs District made comments about the solid waste
ordinances concerning what can and cannot be placed at the compactor sites and his opinion on
the ordinances being difficult to understand; and that is was inconvenient for the citizens to go to
the landfill.
This concluded the Hearing of the Citizens.
Consent Agenda
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the Consent
Agenda, with the addition of the Proclamation of National Preparedness Month, and to pull the
Proclamation on Countywide Cleanup During October 2013 to discuss under New Business with
Item #12-Solid Waste Disposal for Saturday, October 19, 2013.
(a) Minutes: August 5, 2013 – Regular Meeting
August 20, 2013 – Adjourned Meeting
(b) Bill List August 2013 (Online)
Mr. Barber’s motion was unanimously approved by the Board.
Pittsylvania County Board of Supervisors
Proclamation
National Preparedness Month
September 2013
Whereas, “National Preparedness Month” creates an important opportunity for every
resident of Pittsylvania County to prepare their homes, businesses, and communities for any type
of emergency including natural disasters and potential terrorist attacks; and
Whereas, investing in the preparedness of ourselves, our families, businesses, and
communities can reduce fatalities and economic devastation in our communities and in our
nation; and
Whereas, the Federal Emergency Management Agency’s Ready Campaign, Citizens
Corps, and other federal, state, local, tribal, territorial, private, and volunteer agencies are
working to increase public activities in preparing for emergencies and to educate individuals on
how to take action; and
Whereas, emergency preparedness is the responsibility of every citizen of Pittsylvania
County and all citizens are urged to make preparedness a priority and work together, as a team,
to ensure that individuals, families, and communities are prepared for disasters and emergencies
of any type; and
Regular Meeting
September 3, 2013
Whereas, all citizens of Pittsylvania are encouraged to participate in citizen
preparedness activities and asked to visit websites of the Ready Campaign at Ready.gov or
Listo.gov (in Spanish) and become more prepared; then
Therefore, Be It Proclaimed that the Pittsylvania County Board of Supervisors hereby
proclaims September 2013 as National Preparedness Month, and encourages all citizens and
businesses to develop their own emergency preparedness plan, and work together toward
creating a more prepared society.
Presentations
Mr. Bobby Gene Atkinson, Representative for the Dan River District on the Pittsylvania
County Service Authority Board of Commissioners, introduced Mr. Christopher Adcock as the
new Director for the Pittsylvania County Service Authority.
New Business
There were no recommendations for the Capital Improvements Plan Sub-Committee.
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 (100-4-035100-3110), $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.
Motion was made by Mr. Snead, seconded by Ms. Bowman, to amend the library’s
budget and appropriate $3,976.84 to the telephone line item (100-4-073100-5230). 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. Snead’s
motion was unanimously approved by the Board.
Motion was made by Mr. Snead, seconded by Mr. Barksdale, that $849.24 be
appropriated to the FY 2013-2014 budget to the Local Emergency Planning Committee (LEPC)
Expense line item (100-4-081200-5679) to help with the expenses incurred by this committee for
training and other related expenses. 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. Snead’s motion was unanimously approved by the Board.
Motion was made by Mr. Harville, seconded by Ms. Bowman, to waive the tipping fees
for solid waste deposited by citizens at the Pittsylvania County Landfill o n Saturday, October 19,
2013 from 10:00am until 2:00pm, noting the waiver is for citizens only and does not include
commercial or contractor waste during that period; and to approve the Proclamation for October
Regular Meeting
September 3, 2013
2013 as Countywide Cleanup Month in Pittsylvania County, which was unanimously approved
by the Board.
Pittsylvania County Board of Supervisors
Proclamation
COUNTYWIDE CLEANUP
During October 2013
“Keeping Our Communities Clean”
Whereas, Pittsylvania County is rich in beauty and natural resources; and
Whereas, the Board of Supervisors of Pittsylvania County and the Pittsylvania County
Beautification Committee strive to improve the quality of life in our community through
enhanced community awareness, education, and public/private partnerships working together on
projects that keep our environment clean and free of debris, beautify our neighborhoods and
public spaces, and instill pride and a sense of ownership in our community; and
Whereas, every citizen can contribute to the protection and pr eservation of the beauty of
Pittsylvania County by participating in a countywide cleanup campaign; and
Whereas, Pittsylvania County Citizens realize a cleanup effort is needed to display pride
in our community for ourselves, our visitors, and for industrial prospects; and
Whereas, a countywide cleanup campaign will engage individuals to take greater
responsibility for improving their community’s environment through the three main focus areas
of litter prevention, waste reductions and recycling, and beautification; and
Whereas, the Pittsylvania County Board of Supervisors will sponsor a “Take Your Trash
to the Landfill On Us” from 10:00am until 2:00pm on Saturday, October 19, 2013, waiving
tipping fees for citizens bringing their trash to the landfill on that day; then
Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors
proclaims October 2013 as Countywide Cleanup Month in Pittsylvania County, Virginia, and
encourages all communities, civic and professional groups, businesses, churches, schools,
families and individual citizens to take an active role in making the communities in Pittsylvania
County a more beautiful place to live, work and play.
Motion was made by Mr. Snead, seconded by Ms. Bowman, authorizing Legal Counsel
to request from the County Circuit Court a special election in November 2014 for the
Commonwealth Attorney’s position in Pittsylvania County, which was unanimously approved by
the Board.
Regular Meeting
September 3, 2013
Motion was made by Mr. Snead, seconded by Mr. Barksdale, to set a public hearing on
September 17, 2013 at 4:30pm in the Main Conference Room of the Captain Martin Building
located at 1 Center Street in Chatham, Virginia for citizen input on the use of funds from a
Community Block Development Grant for site development purposes and set a second public
hearing on September 26, 2013 at 5:30pm in the Main Conference Room of the Captain Martin
Building located at 1 Center Street in Chatham, Virginia for citizen input on a proposed project
application for Community Block Development Grant for site development purposes, which was
approved by a 6-1 majority vote of the Board with Mr. Hagerman opposing.
Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve an
appropriation of $1,238.00 for the Byrne Justice Assistance Grant and approve transfer of
$138.00 from the Sheriff’s Grant Local Match line item (100-4-031200-8109). 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. Barber’s motion was
unanimously approved by the Board.
Appointments
Motion was made by Mr. Barksdale, seconded by Mr. Snead, to re-appoint Mr. Hubert
Chambers to serve as the Banister District representative on the Pittsylvania County Road
Viewers for a term that would begin on September 8, 2013 until September 7, 2017, which was
unanimously approved by the Board.
Items Added
Motion was made by Mr. Barber, seconded by Ms. Bowman, to approve to sending a
letter to the Town of Greece, New York, demonstrating the Board’s support for the Town’s
historical stand for legislative prayer at government meetings and to amend the draft letter to said
it was sent from the Pittsylvania County Board of Supervisors, which was unanimously approved
by the Board.
Board Announcements
Mr. Barber announced there would be a Solid Waste Committee Work Session held at
6:00pm on September 26, 2013 in the Main Conference Room of the Captain Martin Building.
Closed Session
Motion was made by Mr. Snead, seconded by Ms. Bowman, to enter into Closed Session
for the following:
Consultation with legal counsel and briefings by staff members or consultants pertaining
to actual or probable litigation, where such consultation or briefing in an open meeting would
adversely affect the negotiation or litigating posture of the public body; and consultation with
legal counsel employed or retained by a public body regarding specific legal matters requiring
the provision of legal advice by such counsel.
Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended
Subject Matter: Barbara Hudson vs. Pittsylvania County Board of Supervisors
Purpose: Briefing by Legal Counsel
Mr. Barksdale’s motion was unanimously approved by the Board and they entered into Closed
Session as 7:58pm.
Regular Meeting
September 3, 2013
Motion was made by Mr. Harville, seconded by Mr. Snead, to re-enter into 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, September 3, 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
Mr. Snead’s motion was unanimously approved by the Board and they re-entered into Open
Session at 8:39pm.
Motion was made by Mr. Barber, seconded by Ms. Bowman, to direct William Stanley,
Legal Counsel for the Board in Barbara Hudson vs. Pittsylvania County Board of Supervisors,
file the notice of appeal and a request for a stay in the case proceedings asking the Fourth U.S.
Circuit Court of Appeals to hold off ruling in the case until the U.S. Supreme Court decides a
similar public-prayer case involving the town of Greece, N.Y., which was unanimously approved
by the Board.
Adjournment
Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn the meeting,
which was unanimously approved by the Board. The meeting adjourned at 8:41pm.
_______________________________________
James H. Snead, Chairman
Pittsylvania County Board of Supervisors
_______________________________________
Otis S. Hawker, Interim Clerk
Pittsylvania County Board of Supervisors