Loading...
02-18-2014_Adjourned_MeetingAdjourned Meeting February 18, 2014 Pittsylvania County Board of Supervisors Tuesday, February 18, 2014 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, February 18, 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. Snead, seconded by Ms. Bowman, to approve the agenda, with the following additions/deletion: Additions: (a) Request for Public Hearing – proposed amendment to the Pittsylvania County Zoning Ordinance, Chapter 35, for the addition of Adult Uses under Industrial District (M-1) Light Industry, Section 35-384, Special Use Permits. (b) Ratify Resolution for Declaration of Emergency and Ratify Resolution to End Declaration of Emergency Deletion: Item 10 under New Business-Surplus Property – old White Oak Tower Site Equipment Mr. Snead’s motion was unanimously approved by the Board. Hearing of the Citizens Gerald Milliman of the Staunton River District offered a word of prayer. Karen Maute of the Westover District commented on the coal ash spill in the Dan River and stated disasters like that was why it was so important to keep the uranium mining ban in place. Ms. Maute stated she has asked the Department of Mines, Minerals, and Energy (DMME) if mining activities were going on in the river while contamination tests were going on. Ms. Maute suggested anyone economically affected by not milling during the process file a claim against Duke Energy for compensation. Ms. Maute also asked that the Board of Supervisors ask local representatives to get groundwater monitoring stations set up in this area of the State. Lastly, Ms. Maute made comments concerning the Joint Setback Study and asked who had submitted a bio-solids application. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda, which was unanimously approved by the Board. (a) Proclamation – National Red Cross Month – March 2014 (b) Road Name Change (from Swedwood Drive to IKEA Drive) (c) Ratify 100th Birthday Letter for Ms. Mattie Luck Pittsylvania County Board of Supervisors Proclamation AMERICAN RED CROSS MONTH March 2014 Whereas, March is American Red Cross Month, a time to recognize and thank our everyday heroes who reach out to help their neighbors in times of need; and Adjourned Meeting February 18, 2014 Whereas, American Red Cross heroes are on the front lines every day. They volunteer their time, give blood, take life-saving courses or provide financial donations to help those in need; and Whereas, the Board of Supervisors would like to honor our local heroes, here in Pittsylvania County, who give to those in need. They work tirelessly when disasters strike, provide life-saving blood, or simply offer comfort. They provide round-the-clock support to members of the military, veterans and their families, and teach lifesaving classes in CPR, aquatics safety and first aid; and Whereas, across the country and around the world, the American Red Cross responded to hurricanes, tornadoes, floods and wildfires, the tragedy at the Boston Marathon, and typhoon Haiyan in the Philippines; and Whereas, when an injured service member is in a hospital, far from home, the American Red Cross responds with help and hope. When a hospital patient needs blood the American Red Cross blood donors help. When a lifeguard jumps in to save a drowning child or someone steps up to help a heart attack victim, the American Red Cross is there; then Now, Therefore, We, the Pittsylvania County Board of Supervisors, proclaim March as American Red Cross Month in Pittsylvania County as a dedication to all those who support the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission; and Be it Furthermore Proclaimed that a copy of this proclamation is forwarded to local media. Public Hearings Rezoning Cases Case 1: Hershel M. Stone & Lauren B. Stone – Chatham/Blairs Election District: R-14-004 Mr. Barksdale opened the public hearing at 7:14pm. Mr. Shelton explained Hershel and Laure n Stone had petitioned to rezone 5.80 acres, located off State Road 835/Pleasant Gap Drive, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision 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. Stone was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:15pm. Motion was made by Ms. Bowman, seconded by Mr. Harville, to approve rezoning Case R-14-004 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 was unanimously approved by the Board. Case 2: Boyd E. Motley & Carol B. Motley – Callands/Gretna District: R-14-005 Mr. Barksdale opened the public hearing at 7:16pm. Mr. Shelton explained Boyd & Carol Motley had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 44.52 acres to A-1, Agricultural District and 72.48 acres, six parcels of land, from M-1, Industrial District, Light Industry to A-1, Agricultural District (for agricultural use-farming). The parcels of land are located off U.S. Highway 29, in the Callands-Gretna Election District. The Planning Commission, with no opposition, recommended grating the petitioners’ request. Mr. Richard Armstrong, Jr. was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:17pm. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R-14-005 from R-1 and M-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 was unanimously approved by the Board. Case 3: Darren C. Moore & Amy Hodnett Moore – Dan River Election District: R-14-006 Mr. Barksdale opened the public hearing at 7:18pm. Mr. Shelton explained that Darren and Amy Moore had petitioned to rezone 1.80 acres on State Road 360/Old Richmond Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to allow for placement of a second dwelling, a modular home, for their personal Adjourned Meeting February 18, 2014 residence). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Darren and Amy Moore were present to represent the petition. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:20pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve rezoning Case R-14-006 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. Snead’s motion was unanimously approved by the Board. Case 4: Robert Clinton Nuckles, Jr. – Dan River Election District: R-14-007 Mr. Barksdale opened the public hearing at 7:20pm. Mr. Shelton explained that Robert Nuckles, Jr. had petitioned to rezone 0.358 acre (per plat), located on State Road 729/Kentuck Road, in the Dan River Election District from RC-1, Residential Combined Subdivision District to A-1, Agricultural District (to make the zoning consistent with and to combine with the adjacent parcel of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Robert Nuckles, Jr. was present to represent the case. No on signed up to speak and Mr. Barksdale closed the public hearing at 7:21pm. Motion was made by Mr. Snead, seconded by Mr. Blackstock, to approve rezoning Case R-14-007 from 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. Snead’s motion was unanimously approved by the Board. Case 5: Brosville Business Center, LLP – Tunstall Election District: R-14-008 Mr. Barksdale opened the public hearing at 7:22pm. Mr. Shelton explained that Brosville Business Center, LLP, had petitioned to rezone 1.40 acre, located on U.S. Highway 58/Martinsville Highway, in the Tunstall Election District from B-1, Business District, Limited to B-2, Business District, General (for future commercial development). The Planning Commission, with no opposition, recommended granting the petitioner’s request. David Long, Jr. was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:23pm. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve rezoning Case R-14-008 from B-1 to B-2 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. Barber’s motion was unanimously approved by the Board. Case 6: Kenric D. Dews & Connie L. Dews – Staunton River Election District: R-14-009 Mr. Barksdale opened the public hearing at 7:26pm. Mr. Shelton explained that Kenric and Connie Dews had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 2.95 acres to A-1, Agricultural District and 1.31. acre, two parcels of land, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the parcels one zoning designation and to make the zoning consistent with the surrounding parcels of land). The parcels of land are located on State Road 640/Wards Road, in the Staunton River Election District. The Planning Commission, with no opposition, recommended granting the petitioners’ request. Kenric and Connie Dews were present to represent the petition. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:27pm. Motion was made by Mr. Blackstock, seconded by Ms. Bowman, to approve rezoning Case R-14-009 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. Blackstock’s motion was unanimously approved by the Board. Case 7: Garrett Trust Dated 05-09-07 – Callands/Gretna Election District: R-14-010 Mr. Barksdale opened the public hearing at 7:28pm. Mr. Shelton explained that Charles and Irene Garrett had petitioned to rezone a total of 50.94 acres, three parcels of land, located on State Road 612/Banister Road, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent and to combine the parcels of land). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Charles Garrett was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the public hearing at 7:29pm. Motion was made by Mr. Hagerman, seconded by Mr. Snead, to approve rezoning Case R -14-010 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 was unanimously approved by the Board. Adjourned Meeting February 18, 2014 Case 9: Jefferson L. Smith – Westover Election District: R-14-012 Mr. Barksdale opening the public hearing at 7:30pm. Mr. Shelton explained that Jefferson L. Smith had petitioned to rezone 39.16 acres, located on State Road 743/Orphanage Road, in the Westover District from R-1, Residential Suburban District to B-2, Business District, General (for a veterinary hospital and commercial kennel). The Planning Commission, with opposition, recommended granting the petitioner’s request. Robert T. Vaughan, Jr., attorney representing Jefferson Smith, was present to represent the petition. Jefferson Smith was also present. Mr. Smith told the Board it was his intent to move his practice, the Mt. Hermon Animal Clinic, located at 3620 Franklin Turnpike, into a state-of-the art veterinary hospital and upscale dog care facility he proposed to build on the parcel site of this case being considered. Mr. Smith submitted concept diagrams of what the facility would look like and said there would be no odor or noise coming from the facility to bother the surrounding neighborhoods. He planned to invest $3.5 million dollars in this project. Mr. Smith also submitted a petition and letters of support from 192 citizens. Mr. Vaughan and Mr. Smith both pointed out there were other parcels zoned B-2 in the area and felt the parcel was large enough to place the facility in a spot that would be buffered both visually and audibly from any adjacent landowners. Mr. Smith stated that once the new facility was built, the staff would at least double, (from approximately 9, not counting the doctors, to approximately 25 staff members). The following persons signed up to speak opposing the rezoning of the property, citing potential noise, odor, increased traffic, questioned the need for the entire 39.16 acres to be rezoned if the facility was only going to take up 5 acres or so and what would the rest of the acreage be used for, and lastly, felt it would devalue their own properties: Wayne Dishman, Sammy Saunders, Roy McKinnis, Rodney Reynolds, Lavada Dishman, Vance Kieser, Gayle Breakley, Barry Breakley, Jeff Davis, and Louie Wyatt. Glenn Pulley, attorney, also made comments against rezoning. The following citizens made comments in favor of rezoning the property, citing good economic development, need for such a facility, that there was a misconception of noise and odor levels that in fact would not be an issue, noting cattle in the area already there would make more noise that the proposed facility Mr. Smith wanted to build, that the proposed facility would not devalue the surrounding properties, and lastly stated that if the 39.16 acres were to be developed into a subdivision capable of having 75 - 80 residential lots, that size subdivision would create much more noise and traffic than the proposed facility Mr. Smith wanted to build: Patty Rigney, Jimmy Rigney (who also read a letter of support on behalf of Jay Rigney who could not attend the hearing), Lillian Farling, Amy Lee, Ken Ferrell (who also spoke on behalf of the Frank Lumpkin Trust-owner of the property in question Mr. Smith intended to purchase to place the proposed facility on), Eric Doering (designer of the concept drawings for the facility that has been submitted), Randee Brown (part of the Lumpkin family but had no vested interest in the sale of the property to Mr. Smith), Will Rohrig, Kate Rohrig, and Ernest Stillworth. After the conclusion of persons commenting who had signed up to speak, Mr. Vaughan, attorney for Mr. Smith, asked the Board if would accept a proffer from Mr. Smith on intent of development, willingness for a buffer zone around the area, willingness to submit the property to a Special Use process for any future development of property not developed for the proposed veterinary hospital/kennel, and they were willing to write and submit the proffer at that moment. Mr. Ha rville asked Mr. Hunt, the County’s Attorney, if it was legal for Mr. Smith to submit a proffer at this point. Mr. Hunt stated that it was. Mr. Vaughan then wrote out a proffer, signed by himself and by Mr. Smith , the read allow the submitted proffer that stated the following: (1) The zoning will be subject to obtaining a Special Use Permit for the proposed use as a veterinary hospital and boarding facility. (2) The zoning will be conditioned upon a bugger of vegetation with the exception of frontage on Orphanage Road. (3) The zoning will be conditioned upon any future case hearing subject to the Special Use review process for any future development. Mr. Barksdale then closed the public hearing. Motion was made by Mr. Harville, seconded by Mr. Blackstock, to deny rezoning Case R-14-012 from R-1 to B-2, giving the following reasons: (1) Referencing the precepts read before the rezoning cases started, and that never before has a submission of a proffer been allowed after the public hearing of a rezoning case started ; (2) Referenced the Zoning Precepts…” are responsible for promoting the health, safety, and general welfare of the citizens of Pittsylvania County” and submitted crash data reports from the Virginia Department of Transportation that began January 1, 2010 th rough December 31, 2012 of SR 743/Orphanage Road and SR740/Irish Road, to Route 41/Franklin Turnpike and that voting to rezone that property would certainly increase traffic to an area already experiencing traffic problems. Mr. Harville did say he thought Mr. Smith’s proposed facility was a great idea and certainly hoped Mr. Smith would build the facility, but he needed to look for a different Adjourned Meeting February 18, 2014 property site. The following Roll Call Vote to deny the petitioner’s request to rezone 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 deny rezoning Case R-14-012 from R-1 to B2 was unanimously approved by the Board. This concluded the Rezoning Cases. Unfinished Business At the Board of Supervisors meeting held on February 3, 2014, a Motion was made by Mr. Barber, seconded by Mr. Snead, for the reappropriation of funds as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $1,789.93 to Sheriff-Parts (100-4-031200- 6030), $1,473.20 to Sheriff-Labor (100-4-031200-6031), $100.00 to Recreation-Recreation Supplies (100-4-071100-6014), $13,283.74 to WIA-Other Operating (251-4-353853-6014). This 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. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Barber’s motion was unanimously approved by the Board. New Business There were no recommendations to the full Board of Supervisors from the Personnel Committee or from the Finance Committee. Motion was made by Mr. Barber, seconded by Mr. Harville, to (1) reject all bids received in response to a Request For Proposals for fuels (gasoline, diesel fuel and propane) that was issued October 2013 on the recommendation of the County Attorney based on the following: two different types of unleaded fuel were bid on, one bidder was non -responsive, discrepancies concerning terminals used, and an issue concerning vendor owned tanks that would have to be replaced, and (2) authorization to re-bid the fuels, which was unanimously approved by the Board. Items Added Motion was made by Ms. Bowman, seconded by Mr. Harville, to set a public hearing on Tuesday, March 18, 2014 at 7p.m. to receive citizen input on a proposed amendment to the Pittsylvania County Zoning Ordinance, Chapter 35, for the addition of Adult Uses under Industrial District (M-1) Light Industry, Section 35-384, Special Use Permits, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville to ratify the following: (1) Declaration of Emergency for the February 12, 2014 winter storm that brought severe heavy snowfall for Pittsylvania County that resulted in numerous auto accidents, power outage and other weather related emergencies within the County, resulting in the Interim County Administrator, acting as the Deputy Director of Emergency Services, issuing a Local Emergency on February 12, 2014: and (2) Declaration to End Declaration of Emergency, effective February 18, 2014, which was unanimously approved by the Board. Board Appointments Motion was made by Mr. Barber, seconded by Mr. Snead, to re-appoint George Henderson as the Tunstall District Representative on the Beautification Committee for a one- year term beginning January 1, 2014 through December 31, 2014, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to re-appoint Maurrica Doss as the Callands-Gretna District Representative on the Beautification Committee for a one- year term beginning January 1, 2014 through December 31, 2014, which was unanimously approved by the Board. Board Announcements Mr. Hagerman inquired of Danville Community College (DCC) was still renting part of the Gretna Public Library for $1 per year as the library needs to utilize that space if wasn’t using it. Adjourned Meeting February 18, 2014 Mr. Barber asked Mr. Hawker to check with the Virginia Department of Transportation concerning 3 roads: SR 855 leading to A.C. Furniture, the Brosville Industrial Park Road, and Gemstone Road for FedEx, which are supposed to be on the Priority Roads list for snow removal once the main corridor roads are cleared and were not for two days. Closed Session Motion was made by Mr. Harville, seconded by Mr. Snead, to enter into Closed Session for the following: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended Subject: Review of Potential TROF Agreement Purpose: Discussion concerning the expansion of an existing business where no previous announcement has been made of the business’ interest in expanding its facilities in the community. Mr. Harville’s motion was unanimously approved by the Board and they entered into Closed Session at 9:46pm. 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 Regular Meeting of the Pittsylvania County Board of Supervisors on Tuesday, February 18, 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 Mr. Harville’s motion was unanimously approved by the Board and the Board returned to Open Session at 10:02pm. Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, 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