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01-21-2014 Adjourned MeetingAdjourned Meeting January 21, 2014 Pittsylvania County Board of Supervisors Tuesday, January 21, 2014 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January 21, 2014 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Jessie L. Barksdale, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Jessie L. Barksdale Banister District Tim Barber Tunstall District Coy E. Harville Westover District James Snead Dan River District Brenda H. Bowman Chatham-Blairs District Jerry A. Hagerman Callands-Gretna District Elton W. Blackstock Staunton River District Mr. Otis S. Hawker, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie 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, with the following addition: Addition: Closed Session - 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) Code of Virginia, 1950, as amended Subject: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel Purpose: Discussion and review of Tobacco Regional Opportunity Fund Performance Agreement between the Virginia Tobacco Commission, Pittsylvania County, and Zeyuan Flooring International, Corp. 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. Joyce Wright, Principal at Mt. Airy Elementary School, made comments supporting the Pittsylvania County Public Schools wanting to purchase and use the former Woodlawn/Carlisle Academy property for a STEM Academy in Pittsylvania County. Bob Harris, Chairman of the Board of Directors for Heritage Academy, made comments in favor of Heritage Academy’s wish to purchase that same property; pointed out the County’s current budget shortfalls and questioned the future cost to Pittsylvania County of running a STEM Academy. Tricia Siebert of the Chatham-Blairs District encouraged the Board to support the school’s wish for the STEM program; believed it could attract new business and residents to the County; and add educational value to the County. Lori Humston of the Callands-Gretna District and resident of Climax Road voiced complains on the number of and speed of trucks coming through the Climax Road and feared for the safety of citizens living there and other drivers using that road. Chris Payne of the Tunstall District and Twin Springs PTO President made comments supporting the school’s desire for a STEM Program and the school’s desire to purchase the former Woodlawn/Carlisle Academy. Ginger Patterson of the Callands-Gretna District and a PTO President made comments supporting the school’s desire for a STEM Program. Arlene Pilsar of the Callands-Gretna District and resident living on the Climax Road for the past 18 years made complaints about truck traffic; comments concerning safety issues; road damage from the trucks; and submitted photographs taken from her living room window of truck traffic that began at 4am and again after sunset. This concluded the Hearing of the Citizens. Adjourned Meeting January 21, 2014 Consent Agenda (a) Enterprise Zone Resolution – City of Danville Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the Consent Agenda, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors JOINT ENTERPRISE ZONE AMENDMENT – CITY OF DANVILLE PORTION OF ENTERPRISE ZONE #57 RESOLUTION 2014-01-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Tuesday, January 21, 2014, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, in Chatham Virginia, the following resolution was presented and adopted: WHEREAS, the City of Danville and Pittsylvania County jointly created an Enterprise Zone in 2001 (Enterprise Zone #57), through the Virginia Department of Housing and Community Development, which offers both state and local economic development incentives; and WHEREAS, each locality participating in a joint Enterprise Zone may amend their local Enterprise Zone boundaries within its portion of the Enterprise Zone; and WHEREAS, the City of Danville has determined that it is advantageous to amend its local Enterprise Zone boundary to ensure utilization by businesses and effectiveness in attracting and expanding targeted business sectors within the City’s portion of the zone; and WHEREAS, the City of Danville is authorized to submit all information needed to apply for an Enterprise Zone amendment and to carry out all program administrative and reporting requirements on its behalf, within its portion of the joint Enterprise Zone; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors acknowledges the City of Danville’s right to amend its portion of the joint Enterprise Zone and supports the City’s amendment application to the Virginia Department of Housing and Community Development; and BE IT FURTHER RESOLVED, that the Pittsylvania County Board of Supervisors authorizes the Interim County Administrator to sign the Joint Application Amendment Agreement, which is a requirement of the City of Danville’s Enterprise Zone Amendment Application. Public Hearings Rezoning Cases Case 1: Roger Edwards & Brenda B. Edwards – Callands/Gretna Election District: R-14-001 Mr. Barksdale opened the public hearing at 7:27pm. Mr. Shelton explained Roger & Brenda Edwards had petitioned to rezone 2.17 acres, located on SR 800/Rigney Circle, in the Callands/Gretna Election District from R-1, Residential Suburban Subdivision District to A- 1, Agricultural District (to combine with the adjacent parcel of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. Edwards was present to represent the case. No one signed up to speak and Mr. Barksdale closed the hearing at 7:28pm. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to approve rezoning Case R-14-001 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Hagerman’s motion to rezone Case R-14-001 from R-1 to A-1 was unanimously approved by the Board. Case 2: Melvin Richard Harlow & Others – Westover Election District: R-14-002 Mr. Barksdale opened the public hearing at 7:28pm. Mr. Shelton explained that Melvin Richard Harlow & Others had petitioned to rezone a total of 59.48 acres, three (3) parcels of Adjourned Meeting January 21, 2014 land, located on SR 863/Moorefield Bridge Road and on SR 872/Meadowview Drive, in the Westover Election District from R-1, Residential Suburban Subdivision District and RC-1, Residential Combined Subdivision to A-1, Agricultural District (for agricultural use- horse). The Planning Commission, with opposition, recommended granting the petitioners’ request. No one was present to represent the case, and no one signed up to speak. Mr. Barksdale closed the hearing at 7:30pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R-14-002 from R-1 and RC-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Harville’s motion to rezone Case R-14-002 from R-1 & RC-1 to A-1 was unanimously approved by the Board. Case 3: Maxey Properties, LLC – Chatham/Blairs Election District: R-14-003 Mr. Barksdale opened the public hearing at 7:31pm. Mr. Shelton explained that Maxey Properties, LLC, had petitioned to rezone a total of 1.47 acres, three parcels of land, located on U.S. Highway 57/Halifax Road, in the Chatham-Blairs Election District 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). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Maxey was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:32pm. Motion was made by Ms. Bowman, seconded by Mr. Barber, to approve rezoning Case R-14-003 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Ms. Bowman’s motion to rezone Case R-14-003 from R-1 to A-1 was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearings Public Hearing to receive citizen input on proposed amendments of definitions and other text found in Chapter 17, Solid Waste Disposal, and Chapter 29, Waste Ordinance, of the Pittsylvania County Code Mr. Hawker explained that upon that at the Board of Supervisors’ Adjourned Meeting on Tuesday, December 17, 2013 a 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, on proposed amendments of definitions and other text found in those chapters, which was unanimously approved by the Board. Mr. Hawker noted changes included that carpet would deemed household solid waste if disposed of by a Pittsylvania County resident who was the occupant/owner of the residential dwelling the carpet was removed from; that the word “rubbish” had been removed from the codes; that household “furniture” was now included to be accepted at compactor sites if the open top boxes located at the compactor sites were all full or would not fit into the compactor chamber. The first person to speak was Wayne Robertson of the Chatham-Blairs District who stated he just wanted to say that he still opposed the property owner who leased/rented property another of being the responsible party to ensure the Solid Waste Fee was paid to the County, instead of the renter. Don Scearce of the Chatham-Blairs District made comments concerning the proposed changes, stated he would like to have seen “brush” defined in the code; asked if new signs were going to be installed at the sites reflecting the new changes; asked of the officers writing tickets were going to be trained in what was acceptable and what was in violation; and stated that the penalty for violations should be reduced from a criminal charge and classified as a civil charge. No one else signed up to speak and Mr. Barksdale closed the hearing at 7:40pm. Motion was made by Ms. Bowman, seconded by Mr. Harville, to approve the proposed changes as presented and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-No; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Ms. Bowman’s motion passed by a 6-1 majority vote of the Board with Mr. Blackstock in opposition. Public Hearing to receive citizen input on the proposed amendment and ratification of the following animal control area to Chapter 2, Section 2-22; Running at Large Restrictions; of the Pittsylvania County Code to include Lakeside located in the Banister Electoral District. Mr. Barksdale opened the public hearing at 7:57pm. Mr. Hawker explained that at the Board of Supervisors’ Adjourned Meeting on Tuesday, December 17, 2013, the Board approved Adjourned Meeting January 21, 2014 holding a public hearing to receive citizen input on a proposed amendment Section 2 -22; Running at Large Restrictions, of the Pittsylvania County Code that would include Lakeside Drive located in the Banister Electoral District. The public hearing notices had been lawfully advertised. No one was present to represent the petition and no one signed up to speak. Mr. Barksdale closed the public hearing at 7:57pm. Motion was made by Ms. Bowman, seconded by Mr. Harville, to approve the proposed changes as presented and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-No; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Ms. Bowman’s motion passed by a 6-1 majority vote of the Board with Mr. Barber in opposition. This concluded the public hearings. New Business Mr. Barksdale announced that “pursuant to authority in Section 2.2-3712(B) of the Code of Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors hereby officially announces in a lawful open meeting that, within fifteen (15) days of this announcement, it will hold closed meetings at undisclosed locations for the purpose of interviewing candidates for the position of County Administrator, the Chief Administrative Officer of the County”. Motion was made by Mr. Snead, seconded by Mr. Barber, to adopt the budget calendar as presented, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Blackstock, to adopt Resolution 2014-01-01, Hub Zone Designation, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors HUB Zone Designation RESOLUTION 2014-01-01 VIRGINIA: At an adjourned meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, January 21, 2014, the following resolution was presented and adopted: WHEREAS, the Historically Underutilized Business (HUB) Zones program was enacted into federal law as part of the Small Business Reauthorization Act of 1997, under the management of the U.S. Small Business Administration; and WHEREAS, the HUB Zone program was designed to help small businesses in urban and rural communities gain preferential access to federal procurement opportunities; and WHEREAS, a County can be designated as a HUB Zone based on being classified as a qualified Non-Metropolitan County and meeting specified household income and unemployment criteria; and WHEREAS, Pittsylvania County has previously met the economic criteria, but has been ruled ineligible for HUB Zone designation due to its connection to the City of Danville, Virginia, Metropolitan Statistical Area (MSA); and WHEREAS, the 2010 U.S. Census reclassified the City of Danville, Virginia as a Micropolitan Statistical Area, as defined by the United States Office of Management and Budget; and WHEREAS, this federal reclassification removed the Metropolitan classification and made Pittsylvania County eligible for HUB Zone designation as a Non-Metropolitan County; and WHEREAS, Pittsylvania County is committed to securing designation as a HUB Zone to assist and support the County’s small businesses and recognizes that access to federal contracts can be critical to the survival of small businesses and the income and jobs they bring to our community; then BE IT RESOLVED, that the Board of Supervisors of Pittsylvania County respectfully requests that the U.S. Small Business Administration utilize the updated data from the U.S. Census Bureau, that classifies Pittsylvania County as a qualified Non-Metropolitan County, and designate the County as a Historically Underutilized Business Zone; and Adjourned Meeting January 21, 2014 BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the U.S. Small Business Administration, and to the offices of Congressman Robert Hurt and Senator Tim Kaine with our appreciation for their assistance in this matter. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve Resolution 2014-01-03, Support for Virginia Department of Transportation Revised Rural Addition Program, which was unanimously approved by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2014-01-03 SUPPORT FOR VIRGINIA DEPARTMENT OF TRANSPORTATION REVISED RURAL ADDITION PROGRAM VIRGINIA: At an adjourned meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, January 21, 2014, the following resolution was presented and adopted: WHEREAS, the Code of Virginia has provisions in §33.1-72.1 that require the Virginia Department of Transportation to take streets into the secondary road system, subject to available funding; and WHEREAS, the Virginia Department of Transportation has developed a Rural Addition Policy that establishes the policies and procedures for road additions to the secondary road system; and WHEREAS, under current policies, a new street or road must be accepted into the State road system before public funds can be used to improve and stabilize a road surface; and WHEREAS, the current guidelines of Minimum Standards for New Rural Additions to Secondary System includes roadway design standards that must be met for road improvements that can be more stringent than necessary for the road conditions and unnecessarily expensive for both the Virginia Department of Transportation and the County; and WHEREAS, the Code of Virginia has provisions in §33.1-70.1 for a Rural Rustic Road Program for low density development areas with average daily traffic volume of no more than 1,500 vehicles per day; and WHEREAS, roads or streets designated as a Rural Rustic Road may be paved and improved based on reduced and flexible design standards; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County supports a revision in the Code of Virginia or policies of the Virginia Department of Transportation to allow streets that qualify for Rural Rustic designation to be added to the secondary road system through the Rural Addition Program and then paved and improved in accordance with Rural Rustic design standards; and BE IT FURTHER RESOLVED that a copy of this resolution will be sent to the County’s legislative representatives. Motion was made by Mr. Harville, seconded by Mr. Bowman, to the reappropriate funds as follows: $283.60 to Board of Supervisors-Telephone (100-4-011010-5230), $662.00 to Circuit Court-Books (100-4-021100-6012), $179.50 to J&D Court-Dues (100-4- 021500-5810), $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $60.00 to Sheriff-Parts (100-4-031200-6030), $316.60 to Sheriff-Labor (100-4-031200-6031), $326.56 to VFD-United Way Contributions (100-4-032200-5667), $95.88 to Jail-Extradition (100-4- 033100-5550), $25.00 to Animal Control-Donations, $7,653.00 to E-911-Telephone (100-4- 035500-5230), $32.99 to VFIRS-Computer Capital Outlay (250-4-032402-8107), $11,280.10 to WIA-Other Operating (251-4-353853-6014), $4,416.65 to Industrial Incentives (325-4- 081500-8222). This motion required a 10-Day Layover. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve an appropriation of $28,177.25 from unappropriated surplus in the following manner: $7,577.25 for Fire Insurance (line item 100-4-035500-5302) and $20,600 for Electricity (line item 100-4-035500-5110). This motion required a 10-Day Layover. Adjourned Meeting January 21, 2014 Motion was made by Mr. Harville, seconded by Mr. Blackstock, to approve and appropriate a total of $50,000 to the WIA fund, as the County had received a notice of obligation from the Virginia Community College System, state fiscal agent for the Workforce Investment Act for Business Services Capacity Building Initiative Grant funds. The total of these additional funds equates to $50,000. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Harville’s motion was unanimously approved by the Board. Mr. Hawker explained that since January 2013, Pittsylvania County has collected funds from dangerous dog owners to streamline the process of their dog’s registration with the state. These funds are currently being held in the Veterinary Expense Fund in a separate line item called dangerous dog fees. To date, these fees have not been appropriated because we have never received a billing from the Commonwealth for the registration of these animals. A total of $50 needs to be appropriated to the Misc-Dangerous Dog Fee line item 245-4-035200-5899 so that this invoice may be paid. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve an appropriation of $50.00 from the Dangerous Dog Fee revenue line item (245-3-000000-130102) to the Misc-Dangerous Dog Fee expenditure line item (245-4-035200-5899). The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman- Yes; and Mr. Barksdale-Yes. Mr. Harville’s motion was unanimously approved by the Board. Mr. Hawker explained that the Sheriff’s Office recently received a check from the Office of the Attorney General of Virginia in the amount of $197,590. These funds were sent to the Sheriff as a one- time transfer from a settlement received by the State. These funds are to be used for law enforcement purposes only. The Sheriff intends to deposit these funds in the Federal Restricted Seizure Fund and purchase vehicles for his deputies. Therefore, a total of $197,590 needs to be appropriated to the Federal Restricted Seizure Fund so that these funds can be spent. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to appropriate and amend the Federal Restricted Seizure Fund-Sheriff in the amount of $197,590 (242-4-031710-8105). The following Roll Call Vote was recorded: Mr. Harville - Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Board Appointments Motion was made by Mr. Hagerman, seconded by Mr. Barber, to re-appointment John Lindsey as the Citizen Representative on the Tri-County Lake Administrative Commission to serve a one-year term, beginning January 1, 2014 through December 31, 2014, which was unanimously approved by the Board. Board Announcements Ms. Bowman announced there would be a Personnel Committee meeting on Monday, February 3, 2014 at 4pm. Mr. Snead announced there would be a Finance Committee meeting on Monday, February 3, 2014 at 5pm. Closed Session Motion was made by Mr. Harville, seconded by Mr. Barber, to enter into Closed Session for the purpose of: (a) Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held 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: Consideration of the acquisition of real property for a public purpose Purpose: Discussion of proposed acquisition (b) Closed Session – 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) Code of Virginia, 1950, as amended Adjourned Meeting January 21, 2014 Subject: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Purpose: Discussion and review of Tobacco Regional Opportunity Fund Performance Agreement between the Virginia Tobacco Commission, Pittsylvania County, and Zeyuan Flooring International Corp Mr. Harville’s motion was unanimously approved by the Board. The Board entered into Closed Session at 8:33pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to return to 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 Tuesday, January 21, 2014 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 Elton W. Blackstock Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session at 10:02pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to sign a Performance Agreement between the Industrial Development Authority of Danville, Virginia; the Danville-Pittsylvania County Regional Industrial Facility Authority; Zeyuan Flooring International Corporation and the County of Pittsylvania. Mr. Harville’s motion passed by a 6-1 majority vote of the Board with Mr. Hagerman in opposition. Adjourned Meeting January 21, 2014 Adjourned Meeting January 21, 2014 Adjourned Meeting January 21, 2014 Adjourned Meeting January 21, 2014 Adjourned Meeting January 21, 2014 Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 10:04pm. __________________________________________ Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors __________________________________________ Otis S. Hawker, Interim County Administrator Pittsylvania County Board of Supervisors