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12-17-2013 Adjourned MeetingAdjourned Meeting December 17, 2013 Pittsylvania County Board of Supervisors Tuesday, December 17, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, December 17, 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 Elton W. Blackstock, Jr. Staunton River District Mr. Otis S. Hawker, Interim County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie H. 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, which was unanimously approved by the Board. Hearing of the Citizens Deborah Lovelace of the Callands-Gretna District made comments questioning the legality of imposing setback regulations on residential property that was adjacent to agricultural property spreading bio-solids and considered the idea of as removing property rights of residential property owners, felt an setback restrictions imposed on a residential property owner would devalue their property; and furthermore opposed even the forming of the setback study committee. Jason Andrew of the Callands-Gretna District offered a word of prayer. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Harville, to approve the Consent Agenda with the added items, which was unanimously approved by the Board. Consent Agenda: (a) Out of State Travel Mr. Barber’s motion was unanimously approved by the Board. Public Hearings Rezoning Cases Case 1: Danny Ray Miller & Ruthann Miller-Callands/Gretna Election District: R-13-063 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Snead opened the public hearing at 7:10pm. Mr. Shelton explained that David and Ruthann Miller had petitioned to rezone 3.90 acre s, located on U.S. Highway 57/Callands Road, in the Callands/Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for agricultural use-farming). The Planning Commission, with no opposition, recommended granting the petitioner’s request. No one signed up to speak. Mr. Miller was present to represent the petition. Mr. Snead closed the hearing at 7:10 pm. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve rezoning Case R-13-063 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber- Yes; Mr. Barksdale-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Hagerman’s motion to rezone Case R-13-063 from R-1 to A-1 was unanimously approved by the Board. Adjourned Meeting December 17, 2013 Case 2: Delbert L. Yoder & Miriam E. Yoder- Banister District: R-13-064 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Snead opened the public hearings at 7:12pm. Mr. Shelton explained that Delbert and Miriam Yoder had petitioned to rezone 27.20 acres, located of SR 802/Hodnetts Mill Road , in the Banister Election District, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent and to combine with the adjacent parcel of land zoned A-1. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Yoder was present to represent the petition. No one signed up to speak and Mr. Snead closed the public hearings at 7:13pm. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve rezoning Case R-13-064 from R-1 to A-1, and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Barksdale-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Barksdale’s motion to rezone Case R-13-064 from R-1 to A-1was unanimously approved by the Board. Case 3: Hyltons Investments, LLC – Westover Election District; R-13-065 R-1, Residential Suburban Subdivision District to B-2, Business District, General Mr. Snead opened the public hearing at 7:14pm. Mr. Shelton explained that Hyltons Investments, LLC, had petitioned to rezone 2.51 acres, located on U.S. Highway 58/Martinsville Highway, in the Westover Election District from Residential Suburban Subdivision District to B- 2, Business District, General (for future commercial development). The Planning Commission, with opposition, recommended granting the petitioners’ request. Donald and Roger Hylton were present to represent the case. The following residents living on Breezewood Drive spoke in opposition of rezoning the property: Nell Hylton and John Hylton opposed rezoning the property noting a concern for increased traffic. Steve Merricks opposed rezoning the property, also commenting on his concern of potential increased traffic, and mentioning 6 years earlier someone else had wanted to rezone property near that area and the Board had denied that request. Frank Klatt also opposed the rezoning - also over his concern for increased traffic. Peter Ferguson opposed and was concerned about a business being adjacent to his backyard, and asked for some kind of proffers to help protect the existing community. A petition with signatures from 13 residents of Breezewood Drive, 2 residents from R & L Smith Drive (who own property on Breezewood Drive) and 2 residents from Church Avenue (who own property on Breezewood Drive) that opposed the rezoning was submitted to the Board. Mark Moore, whose property adjoins the petitioners’, was in favor of rezoning the property. Donald Hylton, one of the petitioner’s, stated it was the intent of Hyltons Investment, LLC, to eventually open a restaurant/small grocery store on the property in question, and pointed out that the adjacent property was already zoned B-2. Mr. Hylton submitted a petition with 6 signatures of property owners on Martinsville Highway who supported the petitioners’ request to rezone the property, as well as a second petition that had 83 signatures from residents in that community who were in favor of rezoning the property, feeling the community would greatly benefit by having a restaurant/small grocery store/ family business, etc, local to them and help instill growth in their community. Their petition further noted that the rezoning of the property is in the county’s comprehensive plan. Snead closed the public hearing at 7:43pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve rezoning Case R-13-065 from R-1 to B-2 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Barksdale-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Harville’s motion to rezone Case R-13-065 from R-1 to B-2 was unanimously approved by the Board. Case 4: Joseph R. Burdette & Terri A. Powell – Dan River Election District; R-13-066 A-1, Agricultural District to B-2, Business District, General Mr. Snead opened the public hearing at 7:49pm. Mr. Shelton explained that Joseph & Terri Burdette had petitioned to rezone 0.763 acre, located off U.S. Highway 58 East/South Boston Highway, in the Dan River Election District, from A-1, Agricultural District to B-2, Business District, General (to allow for sales and service of used cars). The Planning Commission, with no opposition, recommended granting the property. Mr. Burdette was present to represent the case and no one signed up to speak. Mr. Snead closed the hearing at 7:50pm. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve rezoning Case R-13- 066 from A-1 to B-2 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Barksdale-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Barber’s motion to rezone Case R-13-066 from A-1 to B-2 was unanimously approved by the Board. Adjourned Meeting December 17, 2013 Case 5: Ronnie M. Holley & Linda C. Holley - Tunstall Election District; R-13-067 A-1, Agricultural District to R-1, Residential Suburban Subdivision District Mr. Snead opened the public hearing at 7:51pm. Mr. Shelton explained that Ronnie & Linda Holley had petitioned to rezone 2.01 acres, located on SR 750/Whitmell School Road , in the Tunstall Election District, from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with the adjacent parcel of land zoned R-1). The Planning Commission, with no opposition, recommended granting the property. Mr. Holley was present to represent the case and no one signed up to speak. Mr. Snead closed the hearing at 7:52pm. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve rezoning Case R-13-067 from A-1 to R-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber- Yes; Mr. Barksdale-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Hagerman’s motion to rezone Case R-13-067 from A-1 to A-1 was unanimously approved by the Board. This concluded the Rezoning Cases. Unfinished Business At the Board of Supervisors’ December 2, 2013 meeting, a motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to reappropriate the following funds: $40.00 to Interim County Administrator – Travel (100-4-012100-5500), $1,700.00 to Electoral Board – Furniture & Fixtures (100-4-013100-6003), $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $4,220.00 to Sheriff-DARE Supplies (100-4-031200-6002), $60.00 to Sheriff-Parts (100-4-031200- 6030), $30.00 to Sheriff-Labor (100-4-031200-6031), $2,808.53 to VFD-Communications Equipment (100-4-032200-6004), $435.00 to Recreation –Recreation Related Supplies (100-4- 071100-6014), $29,472.00 to Library-Employment Contract (100-4-073100-3171), $4,089.14 to Library-Telephone (100-4-073100-5230), $7,610.65 to WIA-Other Operating (251-4-353853-6014); for a total fund reappropriation of $50,664.99. Mr. Barksdale’s motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Barksdale-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Snead-Yes. Mr. Barksdale’s motion was unanimously approved by the Board. New Business Motion was made by Mr. Barksdale, seconded by Mr. Blackstock, to approve Resolution 2013-12-01, for the Honorable Marshall A. Ecker, which was unanimously approv ed by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2013-12-01 WHEREAS, after retiring from Verizon, Mr. Ecker and his wife, Ann, moved from Maryland to Pittsylvania County in 2000 to the Staunton River District. Mr. Ecker was quoted i nnumerable times in stating Pittsylvania County was his home that he loved; and WHEREAS, the Honorable Marshall Albert Ecker started his term on Pittsylvania County Board of Supervisors on January 1, 2008, providing representation to the Staunton River District citizens and Pittsylvania County; and WHEREAS, in the November 2007 General Election, Marshall Ecker was elected as the Staunton River District Representative for the Pittsylvania County Board of Supervisors and on January 1, 2008, Mr. Ecker began his first 4-year term as the Staunton River District Representative for the Board of Supervisors. In the November 2011 General Election, Mr. Ecker was re -elected to serve a second 4-year term to represent the Staunton River District on the Board of Supervisors for Pittsylvania County, and in January 2013, was elected by the Board to serve as Chairman for the Board of Supervisors; and WHEREAS, during his tenure on the Board of Supervisors, the Honorable Marshall A. Ecker was a very active representative who was appointed to the Pittsylvania County Service Authority Board of Commissioners, the Metropolitan Planning Organization, and numerous committees, including all of the Board of Supervisors’ Standing Committees; and WHEREAS, the Honorable Marshall A. Ecker, was a dedicated and loyal public servant who faithfully performed his duties diligently and in a dependable manner as the Staunton River District Representative on the Board of Supervisors for Pittsylvania County, giving support and guidance to his fellow Board members and County’s staff, as well as to the citizens of Pittsylvania; then Adjourned Meeting December 17, 2013 NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its sincere regret and grief over the loss of the Honorable Marshall A. E cker, an honored and respected citizen and member of the Pittsylvania County Board of Supervisors, and for the outstanding representation he provided for the citizens of Pittsylvania County and, the Board of Supervisors expresses its condolences to the family of the Honorable Marshall A. Ecker for their loss; and BE IT FURTHER RESOLVED that the Board of Supervisors directs that a copy of this resolution be given to the family of the Honorable Marshall A. Ecker. Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve Resolution 2013-12-02, asking the Virginia Department of Game and Inland Fisheries to consider amending either-sex deer hunting days in Pittsylvania County to be with no breaks from beginning (this year November 23, 2013) until the first Saturday in January, allowing for an extended number of doe to be removed, and to forward a copy of the resolution to the County’s local legislators, and to Mr. Ben Davenport. Mr. Blackstock made a substitute motion to table the issue unti l the adjourned meeting of the Board on January 21, 2014 so he would have time to discuss the matter with hunters in his district, which was seconded by Mr. Hagerman. The Board opposed tabling the issue by a majority vote of 5-2, with Mr. Blackstock and Mr. Barksdale voting in favor. The Board then passed Mr. Harville’s motion by a 5-2 majority vote, with Mr. Blackstock and Mr. Barksdale opposing. Pittsylvania County Board of Supervisors RESOLUTION 2013-12-02 VIRGINIA: At an adjourned meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, December 17, 2013, the following resolution was presented and adopted: WHEREAS, the Board of Supervisors of Pittsylvania County requests the Department of Game and Inland Fisheries to consider either-sex deer hunting days be amended to begin November 23 through January 4, with no break; and WHEREAS, it appears to be a significant increase in the deer population throughout Pittsylvania County, requiring the consideration of allowing an extended number of doe to be removed; then BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its strong recommendation to the Department of Game and Inland Fisheries to consider Pittsylvania County’s request to amend either-sex deer hunting days to begin November 23 through January 4, with no break; and BE IT STILL FURTHER RESOLVED that a copy of this resolution be forwarded to the Department of Game and Inland Fisheries and Pittsylvania County’s local representatives in the General Assembly to express the Board of Supervisors’ strong support of this issue. Motion came from the Solid Waste Committee to hold a public hearing for citizen input on Tuesday, January 21, 2014, on changes to the Solid Waste Ordinances, Chapters 17 and 29, of the Pittsylvania County Code, cleaning up wording on what may and may not be placed at collection sites for clarification purposes, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve the current 2013/14 Local Government Agreement between the Pittsylvania –Danville Health District and Pittsylvania County, and to authorize the Interim County Administrator to sign any necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to support the City of Danville’s proposed Enterprise Zone amendment and authorize the Interim County Administrator to sign the Joint Application Amendment Agreement, which was unanimously approved by the Board. Adjourned Meeting December 17, 2013 Adjourned Meeting December 17, 2013 Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the Regional Comprehensive Economic Development Strategy (CEDS) Priority Projects list from the West Piedmont Planning District and authorize the Interim County Administrator to sign any necessary documentation and send the list and required Economic Development Authority submittal letter to the West Piedmont Planning District Commission to be incorporated into their regional 2014/15 CEDS update, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to appropriate a total of $150,000.00 received from a Governor’s Agricultural & Forestry Industries Development Strategy (AFID) Grant for Dan River Plants, LLC, to the Industrial Development Authority (IDA) Fund and approve a payment of these funds to the IDA so that the IDA may send these funds to Dan River Plants, LLC. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber-Yes; Mr. Barksdale-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman- Yes; and Mr. Snead-Yes. Mr. Barksdale’s motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to set a public hearing for citizen input on January 21, 2014 for a proposed amendment to 2-22; Running At Large, of the Pittsylvania County Code that would allow Lakeside Drive to be included, which was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Ms. Bowman, to award a contract to Dewberry Engineers in the amount of $12,200.00 for engineering and design services for jail showers, and authorize the Interim County Administrator to sign any necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Ms. Bowman, to set a public hearing for citizen input on a proposed amendment to the Pittsylvania County Zoning Ordinance for the addition of Adult Uses under Industrial District (M-1) Light Industry, Section 35-384, Special Use Permits. Ms. Bowman then made a substitute motion, seconded by Mr. Barksdale, to amend from 2 to 3 miles of adult use within an existing adult us, and amend from 1,000 feet to 2,500 feet from any existing residential use or residentially zoned district, as well as places of workshop, and schools-private or public, including public playgrounds, community swimming pools, public parks and libraries, and day-care centers. After some discussion, Ms. Bowman and Mr. Barksdale withdrew their substitute motion, and Mr. Barber withdrew his motion as did Ms. Bowman on her second. Motion was then made by Ms. Bowman, seconded by Mr. Harville, Adjourned Meeting December 17, 2013 to send the proposed ordinance back to the Planning Commission with the Board’s recommended changes, which was unanimously approved by the Board. Appointments Motion was made by Mr. Barksdale, seconded by Mr. Harville, to appointment Roger Jefferson and George Winn to represent the agricultural community and appoint Tim Clark to represent the real estate/development community on the Subcommittee for Setback Study, which was approved by a 6-1 majority vote of the Board, with Mr. Hagerman opposing. Motion was made by Mr. Harville, seconded by Mr. Barber, to appoint Valeria Nozzi as the Dan River representation and re-appoint Diane Donnelly as the Staunton River representative to the Beautification Board, for one-year terms each beginning January 1, 2014 until December 31, 2014, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to appoint the Honorable Elton Blackstock as the Staunton River District representative to the Pittsylvania County Service Authority for a 4-year term beginning January 1, 2014 until December 31, 2017, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve and appoint the submitted proposed slate of Directors to the 2014/15 Pittsylvania County Agricultural Development Board, which was unanimously approved by the Board. Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:43pm. _______________________________________ Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors _______________________________________ Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors