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11-18-2014 Adjourned MeetingAdjourned Meeting November 18, 2014 Pittsylvania County Board of Supervisors Monday, November 18, 2014 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Monday, November 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: Tim Barber Tunstall 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. Coy Harville, Supervisor Representative for the Westover District, was absent. Mr. Clarence C. Monday, County Administrator, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, 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 Alliance. Approval of Agenda Motion was made by Ms. Bowman, seconded by Mr. Hagerman, to approve the agenda, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Hearing of the Citizens Arthur Brunner of the Callands/Gretna District that resides on Climax Road thanked the Danville Register & Bee, and the Chatham Star Tribune, for their reports on the proposed Mountain Valley Pipeline Project; thanked Mr. Hagerman and Mr. Blackstock for their concerns with the project; and made comments on the letters sent to residents potentially impacted by the proposed project. Richard Shumate of the Westover District commented on the upcoming prayer case hearing and offered a word of prayer. Mary Catherine Plaster of the Chatham/Blairs District, and resident in the Town of Chatham, made comments on the poultry feasibility study, and did not feel such a facility would be beneficial to the County’s economic development or environment. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the Consent Agenda. Consent Agenda: (a) Retirement for Canine Partner (b) Medicare Enrollment Application for New Fire & Rescue Squad Adjourned Meeting November 18, 2014 (c) Financial Advisory Requests For Proposal Mr. Barber’s motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Public Hearings Rezoning Cases Case 1: Joel P. Sechrist & Helen E.Sechrist- Callands/Gretna Election District; R-14-040 Mr. Barksdale opened the public hearing at 7:15pm. Mr. Shelton explained that Joel and Helen Secrhist had petitioned to rezone 0.77 acre, located on SR 626/Museville 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 with the adjacent parcel zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioners request. Joel Sechrist was present to represent the request. No one signed up to speak and Mr. Barksdale closed the hearing at 7:16pm. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R-14-040 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Absent; 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 with the exception of Mr. Harville, who was absent. Case 2: Larry Wayne Pleasant – Chatham/Blairs Election District; R-14-041 Mr. Barksdale opened the public hearing at 7:18pm. Mr. Shelton explained that Larry Wayne Pleasant had petitioned to rezone a total of 2.02 acres, three parcels of land, located on U.S. Hwy 41/Franklin Turnpike, in the Chatham/Blairs Election District from R-1, Residential Suburban Subdivision to B-2, Business District, General (to allow for future commercial development). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Larry Pleasant was present to represent the case. No one signed up to speak and Mr. Barksdale closed the hearing at 7:19pm. Motion was made by Ms. Bowman, seconded by Mr. Blackstock, to approve rezoning Case R-14-041 from R-1 to B-2 and the following Roll Call Vote was recorded: Mr. Harville-Absent; 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 with the exception of Mr. Harville, who was absent. Case 3: Lawrence N. Francis, II & Lisa R. Francis – Banister Election District; R-14-042 Mr. Barksdale opened the public hearing at 7:20pm. Mr. Shelton explained that Lawrence and Lisa Francis had petitioned to rezone 0.88 acre, located on U.S. Hwy 29 North, in the Banister Election District from RC-1, Residential Combined Subdivision District to B-2, Business District, General (for an office building). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Wesley Francis was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:21pm. Motion was made by Mr. Hagerman, seconded by Mr. Snead, to approve rezoning Case R-14-042 from RC-1 to B-2 and the following Roll Call Vote was recorded: Mr. Harville-Absent; 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 with the exception of Mr. Harville, who was absent. Adjourned Meeting November 18, 2014 Case 4: William B. Gatewood, Jr. & Suzan G. Denune – Chatham/Blairs Election District: R-14-043 Mr. Barksdale opened the public hearing 7:22pm. Mr. Shelton explained that William Gatewood, Jr. and Suzan Gatewood Denune had petitioned to rezone 104.40 acres, located on U.S. Hwy 20 North, in the Chatham/Blairs Election District from M-2, Industrial District, Heavy Industry to A-1, Agricultural District (to allow for construction of a residence with attached garage). The Planning Commission, with no opposition, recommended granting the petitioners’ request. William Gatewood was present to represent the petition. No one signed up to speak and Mr. Barksdale closed the hearing at 7:23pm. Motion was made by Ms. Bowman, seconded by Mr. Barber, to approve rezoning Case R-14-043 from M-2 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Absent; 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 with the exception of Mr. Harville, who was absent. Case 5: Lucas Robert Owen - Banister Election District; R-14-044 Motion was made by Mr. Barksdale, seconded by Mr. Barber, to postpose Case R-14-044 until the Board’s Adjourned Meeting on December 16, 2014 and to authorize re-advertising the public hearing as per Code. Mr. Barksdale informed the Board that the petitioner, Lucas Owen had requested additional time for the case and after consultation with Mr. Shelton, Mr. Hunt, and Mr. Monday, Mr. Barksdale found this was an acceptable request. Mr. Barksdale told those citizens present who had signed up to speak they would still have the opportunity to do so, if they desired, at the December 16, 2014 hearing, and that the sign-up sheet from this meeting would be retained for the December 16th meeting. The following Roll Call Vote was recorded: Mr. Harville-Absent; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Ms. Bowman-Yes; Mr. Hagerman-Yes; and Mr. Barksdale-Yes. Mr. Barksdale’s motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Public Hearing Public hearing to receive citizen input on proposed amendments to Pittsylvania County Code (“PCC”) §9-87, Reimbursement of Expenses Incurred in Responding to DUI and Related Incidents. Pursuant to §15.2-1716 of the Code of Virginia, 1950, as amended, a locality may provide by ordinance that a person convicted of driving while intoxicated, at the time of sentencing or in a separate civil action, be liable to the locality for reasonable expenses of appropriate emergency response. Mr. Barksdale opened the public hearing at 7:32pm. The Honorable Bryan Haskins, Commonwealth’s Attorney for Pittsylvania County, explained that pursuant to §15.2-1716 of the Code of Virginia, 1950, as amended, a locality may provide by ordinance that a person convicted of driving while intoxicated, at the time of sentencing or in a separate civil action, be liable to the locality for reasonable expenses of “appropriate emergency response”. “Appropriate emergency response” includes costs incurred (by the locality) of providing law-enforcement, fire-fighting, rescue, and emergency medical services. Mr. Haskins further stated that imposing such a fine occurred during the court proceedings for the DUI incident itself, when the Judge passed sentencing and other court costs, all the parties involved were present, and only required the Commonwealth’s Attorney’s office to request the fine be imposed. Mr. Haskins stated this fine, which was a civil fine, would be given over to the County’s General Funds. Richard Shumate and James Dehart, both of the Westover District, were opposed to the proposed amendment, stating that while they did not condone drunk driving, they felt it was an undo financial burden on the defendant. No one else signed up to speak and Mr. Barksdale closed the Adjourned Meeting November 18, 2014 hearing at 7:39pm. Motion was Ms. Bowman, seconded by Mr. Blackstock, to approve the proposed amendment to §9-97 of the PCC as presented and the following Roll Call Vote was recorded; Mr. Harville-Absent; 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 with the exception of Mr. Harville, who was absent. This concluded the public hearings. New Business Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve Resolution 2014-11-01, acknowledging an EMS designation for Centra Transport Services that will have an ambulance based at its new facility 24/7, 365 days, for interfacility purposes, although during a disaster, the County could deploy the ambulance since the agency would be licensed by the Office of Emergency Medical Services. Mr. Hagerman’s motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Pittsylvania County Board of Supervisors RESOLUTION 2014-11-01 RESOLUTION CONFIRMING APPROVAL OF AN EMERGENY MEDICAL SERVICES (EMS) BASE At a regular meeting of the Board of Supervisors of the County of Pittsylvania, held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday, November 18, 2014 at 7:00pm, the following resolution was presented and adopted: WHEREAS, Section 12 VAC5-31-420, requires a resolution from the governing body of each locality where the agency maintains an office or stations an EMS vehicle; and WHEREAS, Centra Health plans to open a state-of-the art medical center in Gretna, Virginia by December 2014 and will base a licensed ALS ambulance on site primarily for interfacility transportation; and WHEREAS, primary EMS is provided by volunteer EMS agencies with backup by Regional One. Approval of this resolution does not change such protocol but instead fulfills the State requirement of local governing body approval when an ambulance is based in a locality; and WHEREAS, in disaster situations, the County may deploy such EMS vehicle from Centra Transport Services for emergency response anywhere in the County provided appropriate licensure by the Virginia Department of Health; then NOW, THEREFORE, BE IT RESOLVED, the Pittsylvania County Board of Supervisors confirms approval for Centra Transport Services to station an EMS vehicle at the Gretna Medical Center as specified in this Resolution and hereby authorizes the County Administrator to execute such required documentation. Adjourned Meeting November 18, 2014 The Honorable Kate Berger, Treasurer for Pittsylvania County, presented a negotiated contract between her office and Taxing Authority Consulting Services, PC (“TAC”) as her selection for legal services for the collection of delinquent real estate taxes, and the collection of such other accounts and fees as the County may need to assign TAC for collection. The Board has requested at their previous meeting that once negotiated, Ms. Berger bring the contract to the Board for their review. Ms. Berger told the Board she would be making an appropriation request at a future meeting for the upfront cost of the contract, which would be paid back once delinquent fees were recovered. Mr. Monday explained that Pittsylvania County Community Action (“PCCA”) provided services to the West Piedmont Workforce Investment Board (“WIB”) as a contracted service provider. During compliance monitoring by the WIB Staff, documentation deficiencies were noted and reported to the Virginia Community College System (VCCS). Subsequent corrective action required the local area to develop a plan to recapture the disallowed costs from PCCA. Pittsylvania County, Mr. Monday stated, is the representative jurisdiction acting on behalf of the WIB, as the fiscal agent of the program. The County has the responsibility for ensuring appropriate expenditure of such funds; furthermore, the County has the authority to obtain repayment of PCCA’s disallowed costs. Mr. Monday met with PCCA’s Executive Director, Chairman of the Board, and their Finance Director to establish a repayment plan to recover such payment as follows: (1) Authorize appropriation of $24,811.03 to the PCCA line item (100-4-081200-5641) from unappropriated surplus so that a total of $33,811.03 can be repaid to the VCCA on their behalf; (2) Deduct $3,000 per quarter from PCCA’s County contribution until the County has recovered the entire $33,811.03. A total of $9,000 will come from the FY2015 contribution, $12,000 from the FY2016 contribution, $12,000 from the FY2017 contribution, and the remaining $811.03 from the FY2018 contribution; (3) Direct the County Attorney to draft an Agreement with the terms contained above, and bring the Agreement back to the Board for final approval. A motion was made by Mr. Hagerman, seconded by Mr. Snead, to approve the repayment plan as presented by Mr. Monday. After discussion by the Board, an amended motion was made by Mr. Snead, seconded by Mr. Barber, to include with Mr. Hagerman’s motion, that interest on the repayment be included, the amount at the County Administrator’s discretion. After further discussion, a substitute motion was made by Mr. Snead, seconded by Mr. Blackstock, to table the issue until the Board’s next meeting on December 1, 2014, and have representatives from PCCA in attendance to explain how this problem occurred; what corrective measurements were put in place to insure it did not happen in the future; and how reductions were being implemented to make the repayments that did not adversely affect public services. Mr. Hagerman then withdrew his motion, and the Board unanimously approved Mr. Snead’s motion to postpone the matter until the Board’s next meeting, which was unanimously approved with the exception of Mr. Harville, who was absent. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to award a bid for inmate commissary services to Oasis Commissary for 3 years with possible 2 one-year extensions and authorize the County Administrator to sign all necessary documentation contingent on the approval by the County Attorney. Mr. Blackstock abstained from voting due to a conflict of interest from business dealings with the commissary vendors. Mr. Snead’s motion was unanimously approved by the Board, with the exceptions of Mr. Blackstock who abstained and Adjourned Meeting November 18, 2014 Mr. Harville who was absent. Mr. Hagerman then asked for a copy of all bid information concerning this matter by the Board’s next meeting on December 1, 2014. Motion was made by Mr. Blackstock, seconded by Mr. Snead, to advertise a public hearing for citizen input on proposed amendments to Section 6-6; Exemption on Real Estate of Certain Elderly and Disabled Persons, of the Pittsylvania County Code (“PCC”), which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Change Order No. 1 with Haymes Brothers, Inc. for installing a storm water control riser on the north pond for the Brosville Industrial Park Grading Project for Lots 7 & 9 in the amount of $12,500 and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Mr. Monday explained there are several Pepsi machines located throughout the County complex that are used by County employees. Pittsylvania County receives profit checks from Pepsi for the use of these drink machines. Concessions monies are typically used for the benefit of employees and have been used in the past to help offset the cost of the County’s annual Christmas party. Currently, the Sale of Concessions line item has a balance of $1,235.92 that has not been previously appropriated for a specific purpose. These funds need to be appropriated to the Awards and Certificates line item (100-4-091200-5840) to be used to offset the cost of the County’s 2014 Christmas party. Motion was then made by Mr. Barber, seconded by Mr. Snead, to approve an appropriation of $1,235.02 to the Awards and Certificates line item #100-4- 091200-5840, and the following Roll Call Vote was recorded: Mr. Harville-Absent; 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 with the exception of Mr. Harville, who was absent. Motion was made by Mr. Barber, seconded by Ms. Bowman, for the reappropriation of $89,137.10 as follows: 10.25 to County Attorney-Travel (100-4-012210-5500), $109.68 to County Attorney-Office Supplies (100-4-012210-6001), $301.50 to Fleet-Vehicle Supplies (100- 4-012520-6009), $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $5,457.00 to Sheriff-Halloween Contributions (100-4-031200-5878), $60.00 to Sheriff-Parts (100-4-031200- 6030), $11,395.92 to E911-Telephone (100-4-035500-5230), $35,888.16 to Library-Employment Contract (100-4-073100-3171), $260.00 to Library-Postage (100-4-073100-5210), $7,664.10 to Library-Telephone (100-4-073100-5230), $106.67 to Victim/Witness-Part-time Salaries (250-4- 021900-1300), $27,684.24 to WIA-Other Operating (251-4-353853-6014). This motion required a 10-Day Layover. Mr. Monday explained that the Virginia Retirement System (VRS) made changes to its benefits for employees starting work in VRS covered position, effective January 1, 2014. One such change is for employees covered under short and long term disability programs. Full-time employees hired/rehired on or after January 1, 2014, without prior VRS service credit or certain public safety employees, are automatically enrolled in the VRS Hybrid Retirement Plan. So that employees with short or long-term disabilities don’t receive both full sick leave benefits and disability benefits, it is necessary for local governments to develop their own Hybrid Leave Program. Localities have one year (from January 1, 2014) to implement such policies. The County’s Personnel Committee vetted this draft policy, and it has been reviewed by the County Adjourned Meeting November 18, 2014 Attorney and himself. Motion was made by Mr. Blackstock, seconded by Ms. Bowman, to approve the Hybrid Leave Policy as presented, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Mr. Monday explained that a total of $25,773.42 remained in the VPI Extension budget at 6-30-14. The final payment for salaries that should have been made by 6-30-14 totaled $15,338.95. Therefore, a total of $15,338.95 needs to be appropriated to line item 100-4- 083000-1100 in order to have adequate funds to cover this expenditure and the three remaining quarters of FY2015. Motion was made by Ms. Bowman, seconded by Mr. Snead, to approve an appropriation of $15,338.95 to the Salaries and Wages line item 100-4-083000-1100. This motion required a 10-Day Layover. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the Pittsylvania County Health Department’s request to retain the local portion of $50,483.93 from their FY2013/14 year-end balance. This motion required a 10-Day Layover. Board Announcements Mr. Hagerman reminded everyone of: (1) on November 29th, 2014 from 6-9pm, a public meeting will be held at the Gretna VFD concerning the Mountain Valley Pipeline Project; (2) the ribbon-cutting for Centra Health’s new facility in Gretna on December 14th at 2pm; and (3) the Gretna parade, also December 14th, that begins at 3pm. Ms. Bowman stated there would be a Legislative Committee meeting on Monday, December 1, 2014 at 5:30pm to discuss and vet the proposed amendments to Section 6-6; Exemption on Real Estate of Certain Elderly and Disabled Persons, of the Pittsylvania County Code (“PCC”). Also, she reminded everyone that the General Assembly would begin session January 14th and the prayer breakfast would also be that date. Lastly, Ms. Bowman encouraged everyone to visit The Institute for Advanced Learning and Research to view the Youth Commission’s sponsored Christmas tree. Anyone wishing can donate towards the sponsored trees located at The Institute. Mr. Barber asked Mr. Monday to check on whether County residents pay different Danville Utility rates than City residents. Mr. Barksdale asked everyone to remember Mr. Harville and will him a speedy recuperation. County Administrator’s Reports Mr. Monday updated the Board on the RFP for the Animal Shelter Study, stating that eight (8) responses had been received by the County and after thorough review, Staff had narrowed the responses to two (2) for further interviews. Once the #1 ranked firm is selected and contract negotiations were complete, staff would submit recommendations to the Board for their consideration. Mr. Monday asked that if Board members had any specific recommendations, such a geographical locations of the facility, that they contact him to insure their recommendations were included in the contract negotiations. Adjournment Motion was made by Mr. Barber, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting ended at 8:55 pm. Adjourned Meeting November 18, 2014 _______________________________________ Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors _______________________________________ Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors