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07-22-2014 Adjourned MeetingAdjourned Meeting July 22, 2014 Pittsylvania County Board of Supervisors Tuesday, July 22, 2014 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, July 22, 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 R. Barber Tunstall District Coy E. Harville Westover District James H. Snead Dan River District Jerry A. Hagerman Callands-Gretna District Elton W. Blackstock Staunton River District Ms. Brenda H. Bowman, Representative for the Chatham/Blairs Election District, was absent from the meeting. Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, 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. Mr. Harville’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Hearing of the Citizens Dr. Robert Elliot, a physician with Central Virginia Family Physicians in Hurt, Virginia, presented the Board of Supervisors with a resolution from the physicians and staff of that facility, thanking the Board for their funds to the Staunton River Medical Center, Inc. in 2013. Dr. Elliot stated that after the July 2012 fire that destroyed their facility, the $50,000 the Board gave in 2013 to Staunton River Medical Center, Inc. in turn were given to Central Virginia Family Physicians which paid a portion of the cost for digital radiologic machine for the newly constructed facility on the original office site at 527 Pocket Road. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Consent Agenda, which was unanimously approved by the Board, with the exception of Ms. Bowman who was absent. (a) Resolution – Elton Pruitt Adjourned Meeting July 22, 2014 Pittsylvania County Board of Supervisors RESOLUTION 2014-07-03 WHEREAS, Lester Elton Pruitt loved the Town of Chatham and believed in serving the community and church; and WHEREAS, Mr. Pruitt and Betty Pruitt, his wife of nearly 54 years, were affiliated with the Western Auto store on Main Street in Chatham from 1953 until 1997, including 22 years as co-owners and operators, where Mr. Pruitt exhibited his exemplary customer service skills; and WHEREAS, after being first elected in 1992, Elton Pruitt served eight years as a Councilman for the Town of Chatham, including two terms as Mayor of Chatham; and WHEREAS, Elton Pruitt helped implement a number of improvements for the Town, including the construction of a new fire station, a website, and was involved with many upgrades to the Town’s infrastructure; and WHEREAS, during his long-time membership with the Chatham Presbyterian Church, Mr. Pruitt served as Ruling Elder and a Sunday school teacher; and WHEREAS, Mr. Pruitt served in the National Guard, and was a member of many organizations, including Chatham First, the Board of Directors for both Oak Grove Residential Care and Faith Home, and served over thirty years with and was president of the Chatham Lions Club; then NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its sincere regret and grief over the loss of the Lester Elton Pruitt, an honored and respected citizen in the Town of Chatham and in Pittsylvania County, and for the outstanding example he provided for the citizens of Town of Chatham and Pittsylvania County through his dedication to helping make Chatham a better place to live and do business. The Board of Supervisors expresses its heartfelt condolences to the family of the Lester Elton Pruitt 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 Lester Elton Pruitt. Public Hearings Rezoning Cases Case 1: Joseph B. Hairston & Mona H. Hairston – Tunstall Election District: R-14-024 Mr. Barksdale opened the public hearing at 7:07pm. Mr. Shelton explained that Joseph & Mona Hairston had petitioned to rezone 1.01 acre, located on U.S. Highway 58 West/Martinsville Highway, in the Tunstall Election District from RMF, Residential Multi-Family District to RC-1, Residential Combined Subdivision District to allow for placement of a single-wide mobile home for rental purposes. The Planning Commission, with no opposition, recommended granting the Adjourned Meeting July 22, 2014 petitioners’ request. Joseph Hairston was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:08pm. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve rezoning Case R-14-024 from RMF to RC-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Barber’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 2: Wayne R. & Lisa Schandelmeier – Dan River Election District: R-14-025 Mr. Barksdale opened the public hearing at 7:10pm. Mr. Shelton explained that Wayne & Lisa Schandelmeier had petitioned to rezone 9.12 acres of land, located on Highway 360/Old Richmond Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for agricultural use – alpacas, chickens and a gourmet popcorn shop. The Planning Commission, with no opposition, recommended granting the petitioners’ request. The Schandelmeiers were present to represent their petition and no one signed up to speak. Mr. Barksdale closed the public hearing at 7:11pm. Motion was made by Mr. Snead, seconded by Mr. Harville to approve rezoning Case R-14-025 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-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Snead’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 3: Julio Diaz Cabrales – Tunstall Election District: R-14-026 Mr. Barksdale opened the public hearing at 7:12pm. Mr. Shelton explained that Julio Diaz Cabrales had petitioned to rezone 3.40 acres, located on SR 845/Hinesville Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to allow for placement of a second dwelling for his personal residence. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Cabrales was present to represent his petition and no one signed up to speak. Mr. Barksdale closed the hearing at 7:14pm. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve rezoning Case R-14-026 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-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Barber’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 4: Fred D. Curl & Sylvia C. Curl – Callands-Gretna Election District: R-14-027 Mr. Barksdale opened the public hearing at 7:15pm. Mr. Shelton explained that Fred & Sylvia Curl had petitioned to rezone 2.34 acres, located on SR 751/Grassland Drive, in the Callands- Gretna Election District from A-1, Agricultural District to B-2, Business District, General for a dance hall. The Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. Curl was present to represent his petition and no one signed up to speak. Mr. Barksdale closed the hearing at 7:17pm. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R-14-027 from A-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-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Hagerman’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Adjourned Meeting July 22, 2014 Case 5: Mark T. & Melissa T. Hagood – Staunton River Election District: R-14-028 Mr. Barksdale opened the hearing at 7:17pm. Mr. Shelton explained that Mark & Melissa Hagood had petitioned to rezone 0.71 acre, located on SR 924/Pocket Road, in the Staunton River 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. Gordon Kent with Kent & Kent, P.C., was present to represent the petitioners’ request. No one signed up to speak and Mr. Barksdale closed the hearing at 7:17pm. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve rezoning Case R-14-028 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-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Blackstock’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 6: Michael Leblanc, Jr. – Banister District: R-14-029 Mr. Barksdale opened the public hearing at 7:19pm. Mr. Shelton explained that Michael Leblanc, Jr. had petitioned to rezone 10.00 acres, located on SR 686/Markham Road, in the Banister 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. Aaron Vesterfelt was present to represent the petitioner’s request. No one signed up to speak and Mr. Barksdale closed the hearing at 7:20pm. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R- 14-029 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-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Hagerman’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 7: JRayl/Rayl Properties – Westover Election District: R-14-030 Mr. Barksdale opened the public hearing at 7:21pm. Mr. Shelton explained that JRayl/Rayl Properties had petitioned to rezone a total of 9.34 acres, three parcels of land, located on State Road 1140/Princeton Road, in the Westover Election District, from R-1, Residential Suburban Subdivision District and B-2, Business District, General to M-2, Industrial District, Heavy Industry(for a trucking terminal).The petitioner had submitted a proffer stating the 9.34 acres would not be used for any permitted uses, listed by right, under Section 35-402 that are not solely related to the trucking business. The petitioner had proffered any other uses, other than the uses permitted in M-2, Industrial District, Heavy Industry use, would require a new petition with a Public Hearing and approval by the Board of Supervisors. The petitioner had also proffered should the trucking terminal cease operation, the petitioner would petition the Pittsylvania County Board of Supervisors to rezone the properties back to B-2, Business District, General. JRayl trucking business is a pre-existing, grandfathered nonconforming business. Mr. Shelton further explained that should the Board of Supervisors deny this rezoning request, JRayl trucking would be allowed to continue its operation in accordance with Nonconformities Section 35-161 Continuation. The business would have to discontinue its operation for a period of two (2) years to lose its grandfather clause to continue operation. The Planning Commission, with opposition, recommended granting the petitioner’s request. Matt Selby was present to represent the petition. Ms. Patricia White, resident on Old Mayfield Road, was in opposition of granting the rezoning, commenting that her house shook when the trucks were going down the road and the noise was deafening. Ms. White submitted a petition from residents living in the surrounding area who were also in opposition of granting the rezoning request. Pastor Demetrius Crews was in opposition of rezoning the property, citing noise and environmental pollution from the trucks Adjourned Meeting July 22, 2014 and safety concerns from the truck traffic as his reasons for opposing. Furthermore, Ms. White stated that JRayl should postpone the rezoning case until VDOT decided what they planned to do with that road. Pastor Crews believed that JRayl should be required to construct a new ingress and egress to the property. James Price supported Pastor Crews’ reason for opposing rezoning the property and believed JRayl should make more improvements to the property. James Adams stated it seems more like an interstate route with trucks coming in and out 24 hours a day and wanted the company to find an alternate truck route and did not want the Board of Supervisors to rezone the property until that time. No one else signed up to speak. Matt Selby from JRayl stated the company needed 4 of the 9.35 acres rezoned for a safe maneuverable space for the company’s trucks. Mr. Selby stated that 17 loads of millet had been put down from the road to the building to help eliminate the dust from the trucks and JRayl had also planted cypress trees as a barrier and the following proffer was presented for recordation in the minutes: Adjourned Meeting July 22, 2014 Mr. Barksdale closed the public hearing at 7:37pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to rezone Case R-14-030 from R-1 and B-2 to M-2. Mr. Harville stated he had met with JRayl and the citizens of the area to try and work out some of the citizens’ concerns, and that JRayl had made a great deal of improvements to the property, plus had filed a proffer that also helped eliminate some of the major concerns. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Harville’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. This concluded the Rezoning Cases. Public Hearing to receive citizen input on a proposed lease agreement between Centra Health and Pittsylvania County that would allow Centra Health the use of two Pittsylvania County towers; one located at White Oak Mountain and the second located in Gretna. The proposed lease agreement would enable Centra to operate their radio system between radios of rescue squads and Centra’s new facility opening in Gretna. Mr. Barksdale opened the public hearing at 7:45pm. Mr. Monday explained that the County has been in negotiations concerning a lease between Centra Health/BREMS and Pittsylvania County for the use of two (2) County-owned towers: one (1) tower is located at White Oak Mountain, and one (1) tower is located in Gretna. Said lease will enable Centra Health/BREMS to operate its radio system allowing communications between its emergency vehicle radios and its new Gretna facility. Per §15.2-1800(B) of the Code of Virginia, 1950, as amended, the County is holding a public hearing, since the lease conveys a property interest in County-owned public towers. No one signed up to speak and Mr. Barksdale closed the hearing at 7:45pm. Motion was made by Mr. Blackstock, seconded by Mr. Hagerman, to approve the attached lease, pending approval by Legal Counsel for finalization of some minor negotiated details. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock- Yes; Ms. Bowman-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Blackstock’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. This concluded the Public Hearings. Unfinished Business At the Board of Supervisors meeting on July 7, 2014, a motion was made by Mr. Snead, seconded by Mr. Barber, to reappropriate funds as follows: $123.97 to County Attorney-Office Supplies (100-4-012210-6001), $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $125.00 to Sheriff-Wrecker Service (100-4-031200-3170), $2,281.99 to Sheriff-Project Lifesaver (100-4-031200-5882), $1,350.00 to Sheriff-Sheriff’s Night Out (100-4-031200-5880), $60.00 to Sheriff-Parts (100-4-031200-6030), $29.84 to VFD-United Way Contribution (100-4-032200- 5667), $483.69 to Jail-Extradition (100-4-033100-5550), $1,930.00 to E911-Emergency Contingencies (100-4-035500-583999), $2,033.01 to E911-Tower Rental (100-4-035500-8108), $105.00 to B&G-Building Maintenance Supplies (100-4-043100-6007, $20,521.24 to WIA- Other Operating (251-4-353853-6014). Mr. Snead’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. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Snead’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Adjourned Meeting July 22, 2014 New Business Motion was made by Mr. Barber, seconded by Mr. Snead, to approve Resolution 2014- 07-02. Drought Disaster Relief for Pittsylvania County and authorize the County Administrator to forward it to Governor McAuliffe’s office, noting that while some northern areas of the County had received some rainfall, the southern area of the County had not. Mr. Barber’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve a carryover of funds request to the 2014/15 budget from the Pittsylvania County School Board in the amount of $924,850.58 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Snead’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the following 2014 budget adjustments as follows, including 2014 categorical changes requested by James McDaniel, Division Superintendent of Schools: These departments included the Board of Supervisors (011010) in the amount of $2,924.04, Central Accounting (012430) in the amount of $183.52, Information Technology (012510) in the amount of $116.33 and the Court Services Adjourned Meeting July 22, 2014 Unit (033300) in the amount of $24,397.72. The Court Services Unit was over because two invoices for detention charges from 2013 were paid in the 2014 budget year, which resulted in paying 14 months of detention charges out of a 12 month allowance. The total of these deficits is $27,621.61. This amount can be covered by using funds located in the following line items, which remained unspent at year-end: 100-4-081200-5644 Soil & Water Conservation $ 9,000.00 100-4-081200-5649 Smith Mtn Lake Assoc-TLAC $15,397.72 100-4-091200-2300 Blue Cross Blue Shield $ 3,223.89 In addition to these General Fund corrections, the Jail Inmate Management Fund was in the red by $5,117.93. This fund receives housing fees from inmates and in turn, these funds can only be used for the benefit of the inmates. This amount should be appropriated from funds located in the Jail Inmate Management Fund that have not been previously appropriated. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Absent; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Harville’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Out of State Travel for staff members of the E-911 Center to Greensboro, NC for training conference, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Out of State Travel for the Director of Agricultural Development to Maryland during September 10-12, 2014 as part of a joint meeting between officials in Maryland and the Virginia Agricultural Development Officers (VADO), which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Harville, to set a public hearing for citizen input to a proposed amendment to Chapter 5; Cemeteries, of the Pittsylvania County Code that would include 0.90 acre of land on Telegraph Road for the purpose of forming a cemetery for the Mr. Zion Baptist Church located in Gretna, Virginia and authorize the County Administrator to place the required public hearing notice. Mr. Barber’s motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Board Announcements Mr. Snead reminded everyone of the State of the Region Breakfast to be held at the Institute for Advanced Learning and Research on Tuesday, August 29, 2014 at 7:30am. Adjourned Meeting July 22, 2014 Mr. Blackstock questioned why Out of State Travel was placed on Board agendas for their approval when that was something he felt was within the scope of the directors’ and County Administrator’s authority to approve. Adjournment Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. The meeting adjourned at 8:23pm. __________________________________________ Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors __________________________________________ Otis S. Hawker, Interim County Administrator Pittsylvania County Board of Supervisors