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02-02-2015 Regular MeetingRegular Meeting February 2, 2015 Pittsylvania County Board of Supervisors Monday, February 2, 2015 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, February 2, 2015 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Brenda H. Bowman, Chair, called the meeting to order at 7:00 p.m. The following members were present: Tim Barber Tunstall District Coy E. Harville Westover District James Snead Dan River District Jerry A. Hagerman Callands-Gretna District Elton W. Blackstock Staunton River District Jessie L. Barksdale Banister District Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board were also present. Ms. Bowman led the Pledge of Alliance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the agenda with the addition of discussing Duke Energy’s coal ash spill into the Dan River, which was unanimously approved by the Board. Hearing of the Citizens Jordan Dalton, student from the Faith Christian Academy, offered a word of prayer. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barksdale to approve the Consent Agenda. Consent Agenda: (a) Minutes: January 5, 2015-Special Call Meeting January 5, 2015-Regular Meeting January 20, 2015-Adjourned Meeting (b) Bill List – January 2015 (Online) (c) Proclamation – National Black History Month – February 2015 Mr. Harvilles’s motion was unanimously approved by the Board. The Board of Supervisors presented the Proclamation on National Black History Month to Mr. Willie Fitzgerald, President of the Pittsylvania County Chapter of the NAACP. Pittsylvania County Board of Supervisors Proclamation BLACK HISTORY MONTH “A Century of Black Life, History and Culture” Whereas, the Board of Supervisors of Pittsylvania County takes pride in joining Americans throughout the country in recognizing February 2015 as National Black History Month; and Whereas, Black History Month pays tribute to the contributions that African Americans have made to America in their struggles for freedom and equality to enhance our awareness and understanding of our Nation’s history; and Whereas, the theme for 2015, “A Century of Black Life, History and Culture,” acknowledges the origins of the celebration in 1915 when historian and author Dr. Carter G. Woodson founded the organization known as the Association for the Study of African American Life and History; and Regular Meeting February 2, 2015 Whereas, we commend the many achievements of African Americans in every field from science and the arts to politics and religion; and Whereas, we acknowledge that these achievements have enriched our country’s culture, traditions, and success; then Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors do hereby proclaim the month of February, 2015, as Black History Month, and encourage the citizens of Pittsylvania County to be actively involved in this observance with appropriate programs, activities, and ceremonies. Unfinished Business At their adjourned meeting on January 20, 2015, a motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve the reappropriation of $50,738.19 as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $485.12 to Sheriff-Training & Education (100-4-031200-5540), $1,162.96 to Sheriff-Parts (100-4-031200-6030), $2,295.73 to Sheriff- Labor (100-4-031200-6031), $8,352.53 to Sheriff-Capital Outlay Vehicle (100-4-031200-8105), $72.05 to Extradition (100-4-033100-5550), $7,597.28 to E911-Telephone (100-4-035500- 5230), $2,686.25 to Recreation-Capital Outlay-Equip. (100-4-071100-8102), $10.00 to Awards & Certificates (100-4-091200-5840), $22,568.60 to WIA-Other Operating (251-4-353853-6014), $850.00 to Capital Outlay-Financial Management System (310-4-094100-8118), $4,458.00 to Landfill-Repairs & Maintenance (520-4-042300-3310). 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; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. The Board unanimously approved Mr. Snead’s motion. New Business The Finance Committee met at 5:00pm on Monday, February 2, 2015. The committee did not forward any recommendations from that meeting to the full Board of Supervisors. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve a request from the Pittsylvania County Service Authority (PCSA) to waive a Pittsylvania County Landfill tipping fee in the amount of $289.87 incurred on January 5, 2015 by the PCSA. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. The Board unanimously approved Mr. Blackstocks’s motion. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve waiving all future tipping fees that would be incurred by the PCSA since their trips to the landfill are infrequent and the materials the PCSA brings to the landfill are typically limited to cleared brush and/or soil from repairs and installations. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. The Board unanimously approved Mr. Blackstocks’s motion. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve an appropriation of the remaining FY2013 funds in the legal services line item, which was a balance of $57,058.71, to the current legal services line item, which will be used to pay legal fees incurred with the ongoing prayer case. This motion required a 10-Day Layover. Motion was made by Mr. Barber, seconded by Mr. Snead, for the reappropriation of $34,749.48 as follows: $120.00 to Indigent Court Cost (100-4-012210-3152), $15.48 to County Attorney-Office Supplies (100-4-012210-6001), $38.56 to Finance-Office Supplies (100-4- 012430-6001), $29.98 to Purchasing-Office Supplies (100-4-012530-6001), $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $4,000.00 to Sheriff-DARE Supplies (100-4- 031200-6002), $60.00 to Sheriff-Parts (100-4-031200-6030), $500.00 to B&G-Building Supplies (100-4-043100-6007), $1,349.00 to Recreation-Capital Outlay-Equip. (100-4-071100-8102), $371.93 to Library-Postage (100-4-073100-5210), $.34 to Library-Telephone (100-4-073100- 5230), $652.74 to Library-Building Supplies (100-4-073100-6007), $125.85 to Youth Commission (100-4-081200-5696), $27,215.93 to WIA-Other Operating (251-4-353853-6014), $70.00 to WIA-Other Operating (251-4-353855-6014). This motion required a 10-Day Layover. Regular Meeting February 2, 2015 Items Added Mr. Harville stated the Board needed to discuss the negative effect on the County and its citizens of Duke Energy’s coal ash spill into the Dan River. Mr. Harville said the citizens of the County were deprived of the river’s use for the past year; and the image of the coal ash spill painted in the public’s mind has made them afraid to fish in the river, to get in the river, has damaged the tourism of the Scenic River Designation the County worked so hard to get, and has created a negative impact on marketing and economic development for Pittsylvania County. A motion was then made by Mr. Harville, seconded by Mr. Barber, to have the County’s Attorney, Mr. Hunt, to pursue outside legal counseling with expertise in environmental law for the purpose of civil remedy for the harm done to Pittsylvania County by Duke Energy’s coal ash spill, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Blackstock, to authorize the County Administrator to work with the Director of Parks and Recreation in applying for an application with the River Bank Fund for grant funds that would be issued to promote the Dan River in Pittsylvania County for recreation purposes, which was unanimously approved by the Board. Board Announcements Mr. Snead asked Mr. Barksdale to call a meeting of the Building & Ground Property Committee to discuss putting a sign in the General District Courtroom stating “In God We Trust”. Ms. Bowman stated there would be a Special Call Meeting of the Board of Supervisors at 3:00pm on Thursday, February 19, 2015 at the Olde Dominion Agricultural Complex for the Board to receive the findings of the Poultry Feasibility Study. Closed Session Motion was made by Mr. Harville, seconded by Mr. Barber to enter into Closed Session for the following: Legal Authority: §2.2-2711(A)(3) of the Code of Virginia, 1950, as amended Subject: Animal Shelter Propose: Discussion or consideration of acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Mr. Harville’s motion was unanimously approved by the Board and they entered into Closed Session at 7:35pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to re-enter into Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at a Regular Meeting of the Pittsylvania County Board of Supervisors on Monday, February 2, 2015, 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 Coy E. Harville Yes Tim R. Barber Yes James H. Snead Yes Jessie L. Barksdale Yes Elton W. Blackstock Yes Jerry A. Hagerman Yes Brenda Bowman Yes The Board returned to Open Session at 7:55pm. No action was taken Regular Meeting February 2, 2015 Adjournment Motion was made by Mr. Harville seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting ended at 7:55 pm. _______________________________________ Brenda H. Bowman, Chair Pittsylvania County Board of Supervisors _______________________________________ Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors