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06-01-2015 BOS reg meetingRegular Meeting June 1, 2015 Pittsylvania County Board of Supervisors Monday, June 1, 2015 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday , June 1, 2015 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Brenda H. Bowman , Chair, cal led the meeting to order at 7:0 3 p.m. The following members were present: Tim Barber Tunstall District Coy E. Harville Westover District Jerry A. Hagerman Callands-Gretna District Elton W. Blackstock Staunton River District Jessie L. Barksdale Banister District James H. Snead Dan River 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. Blackstock , seconded by Mr. Harville , to approve the agenda with the following addition: (a)Discussion of setbacks Mr. Blackstock’s motion was unanimously approved by the Board. Hearing of the Citizens Gerald Milliman of the Staunton River District offered a word of prayer. Willie Fitzgerald of the Banister District and president of the Pittsylvania County Chapter of the NAACP stated that during Memorial Day weekend his neighborhood on Mill Creek Road has an unbearable odor of cow manure (that had been spread on fields by a local dairy). The odor, Mr. Fitzgerald said, made it impossible to go outside, could be smelled inside the neighborhood’s home, and had ruined any plans families had for celebrating the holiday weekend outside. Mr. Fitzgerald also voiced concerns for his 90-year old neighbor (Nannie Berger) who couldn’t necessarily up and leave her home while the odor was an issue. Geneva Davis, also of the Banister District and resident in Mr. Fitzgerald’s neighborhood on Mill Creek Road , said the odor also was inside her home, and due to her asthma and CoPD issues, she had to leave her home for the weekend until the odor subsided. Karen Maute of the Westover District stated she had noted counties near where the Board of Supervisors plan to go on their poultry tour June 3 rd had high levels of phosphorous and Ms. Maute wanted the Board to ask why that was. Nancy and James Berger of the Banister District and also residents of the Mill Creek Road neighborhood with the odor issue, made complaints that mirrored Mr. Fitzgerald’s and Ms. Davis. Alphonzo Jackson, also of the Banister District and Mill Creek Road neighborhood being discussed, stated he was Nannie Berger’s son-in-law and the father of an autistic child. The odor during the entire weekend, Mr. Jackson said, was unbearable and he was concerned about everyone’s health after breathing it for so long. Regular Meeting June 1, 2015 Gerald Berger, Banister District, eldest son of Nannie Berger and living in the same neighborhood on Mill Creek Road , said he could still smell the odor thru the C-pack he had to sleep with at night. Mr. Berger stated it was unfair for a community to be forced to put up with that scent several times a year, and that he is thinking of leaving the area because of it. Mr. Roger Jefferson, a local dairyman not associated with the dairy and odor issue at hand, told the speakers he would do everything he could and work with that particular dairy to alleviate the odor issues that were occurring in their neighborhood. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Snead , seconded by Mr. Harville, to approve the Consent Agenda, which was unanimously approved by the Board Consent Agenda: (a)Minutes:May 4, 2015 – Regular Meeting May 19, 2015 – Adjourned Meeting (b)Bill List – May 2015 (Online) (c)Congratulatory Letter – Bethel Baptist Church’s 150th Anniversary Presentations Motion was made by Mr. Harville, seconded by Mr. Blackstock, to approve a Proclamation declaring June as National Dairy Month in Pittsylvania County. Ms. Kathleen Van Der Hyde of Van Der Hyde Dairy and Mr. Roger Jefferson of Mountain View Farms Dairy were present to accept the Proclamation on behalf of all the local dairies, and also gave a brief presentation on how the local dairies greatly contribute to the overall dairy industry and its positive economic impact. Pittsylvania County Board of Supervisors PROCLAMATION NATIONAL DAIRY MONTH JUNE 2015 VIRGINIA : At a regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Monday, June 1, 2015, the following proclamation was presented and adopted to recognize June 2015 as National Dairy Month in Pittsylvania County, Virginia. WHEREAS , the Virginia Department of Agriculture and Consumer Services (VDACS) states the Virginia dairy industry has contributed to the development of the state’s economy and the well-being of its citizens since dairy cows arrived in Jamestown in 1611, and more than 400 years later, Virginia’s dairy industry consistently ranks near the top when compared to the state’s other principle crops, livestock and livestock products; and WHEREAS, Pittsylvania County has the following seven (7) dairies in operation: Mountain View Dairy, Van Der Hyde Dairy, Hammock Dairy, Motley Dairy, Grandview Holsteins, Inc., Waller Farms and Moore Dairy. Combined, these 7 dairies produce nearly 1.5 million gallons of milk annually within Pittsylvania County; and WHEREAS, the dairy industry is a major industry in Pittsylvania County and makes a significant contribution to the economy of the County; and Regular Meeting June 1, 2015 WHEREAS , real milk and dairy foods are superior to their imitations in quality, value and taste; and WHEREAS, besides the great taste, dairy products are nutrient-dense, providing 72% of the calcium available in the American diet, along with nine essential vitamins and minerals, including potassium, riboflavin, phosphorus, vitamins A, D, and B-12, as well as protein, and studies indicate that eating three to four servings of dairy per day could help lower the risk of high blood pressure, osteoporosis and some forms of cancer, as well as assist with weight management, supporting the catch phrase, “Milk-it does a body good!”; and WHEREAS , the 79 th celebration of June Dairy Month, highlighting the dairy industry, will occur during June 2015; then THEREFORE, BE IT PROCLAIMED by the Board of Supervisors that the month of June 2015 is designated the celebration of June Dairy Month , and calls upon all the agencies and citizens of Pittsylvania County to observe the month with appropriate programs and activities ; and BE IT FURTHER PROCLAIMED, that a copy of this Proclamation be forwarded to local media sources. Unfinished Business At their adjourned meeting on May 19, 2015 a motion was made by Mr. Harville, seconded by Mr. Snead, to approve Resolution 2015-06-01 that confirms the County agrees to provide the 20% matching funds required by the Virginia Department of Transportation (VDOT) by appropriating $30,000 from unappropriated General Funds for the completion of the Chatham Train Depot Restoration Project , and to authorize the County Administrator to sign all necessary documentation. 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. Mr. Harville’s motion was unanimously approved by the Board. Pittsylvania County Board of Supervisors RESOLUTION 2015-06-01 WHEREAS , in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Board resolution be received in order that the Virginia Department of Transportation establish a transportation enhancement project in Pittsylvania County, Virginia; and, WHEREAS , also in accordance with Virginia Department of Transportation construction allocation procedures, the Board approved 20 percent matching funds, meeting in regular session on Monday, June 1, 2015, on the Transportation Alternatives/Enhancement project; and, WHEREAS , also in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary for Pittsylvania County, Virginia and the Virginia Department of Transportation to enter into an agreement to effect the execution of the locally administered Transportation Enhancement project; and, Regular Meeting June 1, 2015 WHEREAS , it is necessary for an official of Pittsylvania County, Virginia to be authorized by the Board for Pittsylvania County, Virginia to execute the agreement on behalf of the County; then NOW, THEREFORE BE IT RESOLVED , that the Board of Supervisors of Pittsylvania County, Virginia requests that the Virginia Department of Transportation establish an enhancement project for the continued improvements to the Chatham Train Depot for paving and to expand parking on site and a means for buses to enter and exit the lot for the Chatham Depot; and, BE IT FURTHER RESOLVED , that Pittsylvania County, Virginia requests that the Virginia Department of Transportation reallocate previously awarded but unspent project funds to complete the stated site improvements; and, BE IT FUTHER RESOLVED , that Pittsylvania County, Virginia agrees to pay a minimum twenty (20) percent of the total cost for planning and design, rehabilitation, and construction of this project, and that, if the Pittsylvania County Board of Supervisors subsequently elects to cancel this project, the Pittsylvania County Board of Supervisors and Pittsylvania Historical Society hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation; and, BE IT FURTHER REOLVED , that the County Administrator for Pittsylvania County, Virginia is hereby authorized to execute the agreement between the Virginia Department of Transportation and Pittsylvania County, Virginia for the continued site improvements for the project hereinabove requested. New Business Motion was made by Mr. Barber, seconded by Mr. Harville, for the reappropriation of $28,479.97 as follows: $97.88 to County Attorney-Office Supplies (100-4-012210-6001), $14.19 to IT-Office Supplies (100-4-012510-6001), $832.50 to Registrar-Repairs (100-4- 013200-3310), $1,069.49 to Registrar-Furniture & Fixtures (100-4-013200-6003), $1,623.00 to Clerk of Court-Part-time Salaries (100-4-021600-1300), $199.67 to Clerk of Court-Copier Lease (100-4-021600-60051), $158.62 to Sheriff-Training & Education (100-4-031200-5540), $2,085.00 to Sheriff-National Night Out (100-4-031200-5880), $1,828.72 to Sheriff-Project Lifesaver (100-4-031200-5882), $1,493.00 to Sheriff-Police Supplies (100-4-031200-6010), $360.00 to Sheriff-Parts (100-4-031200-6030), $205.60 to Sheriff-Labor (100-4-031200-6031), $250.00 to Sheriff-Capital Outlay-Vehicle (100-4-031200-8105), $980.35 to Extradition (100-4- 033100-5550), $104.00 to Jail-Food Supplies (100-4-033100-6002), $20.00 to Animal Control- Donations (100-4-035100-5883), $300.00 to B&G-Building Supplies (100-4-043100-6007, $790.00 to Ag Development-Farmer’s Market (100-4-082500-6014), $16,067.95 to WIA-Other Operating (251-4-353853-6014). This motion required a 10-Day Layover. Mr. Monday explained that Lisa Fultz, the Director of the Workfo rce Investment Board program had notified Pittsylvania County of a grant opportunity available through the Virginia Department of Housing and Community Development for the Workforce Investment Board. This is a grant for building collaborative communities in Virginia. The grant totals $25,000 and was to be used to complete work as outlined in WIB’s Entrepreneur Development Plan and Young Entrepreneurs Development Plan that was developed under the DHCD Community Development Block Planning Grant. The local match totals $50,000. A total of $12,500 of this match w ould come from the Danville Regional Collaborative. The remaining match amount of $37,500 would come from in-kind contributions. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve an appropriation of $25,000 for the Virginia Housing and Community Development-Virginia Building Collaborative Communities Grant (Line Item #251-4-353877-6014). The following Roll Call Vote was recorded: Regular Meeting June 1, 2015 Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve amending the library’s budget and appropriating $10,289.30 the library collected in fax machine receipts from July 2014 through May 2015 to the library’s telephone line item #100-4-073100-5230. This motion required a 10-Day Layover. Items Added Motion was made by Mr. Barksdale, seconded by Mr. Harville, that actions by the Board of Supervisors regarding setbacks be tabled indefinitely, which was unanimously approved by the Board. Appointments Motion was made by Mr. Barber, seconded by Mr. Harville to re-appoint Phillip Stanley Adams as one of the Pittsylvania County representatives on the Southern Area Agency on Aging Board , This term would begin June 6, 2015 through June 5, 2018. Mr. Barber’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber to re-appoint Chris Eastwood for a 2 nd 4-year term as a Pittsylvania County representative on the Danville Community College Board of Trustees . This term would begin July 1, 2015 through June 30, 2019. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Harville, to re-appoint Robert Warren for a 2 nd 3-year term as the Chatham/Blairs representative on the Danville-Pittsylvania Community Services Board. This term would begin July 1, 2015 through June 30, 2018. Ms. Bowman’s motion was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve re- appointing Lucy Johnson as the Staunton River representative on the Pittsylvania County Public Library Board of Trustees for a 4-year term beginning July 1, 2015 until June 30, 2019, which was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve the re- Public Library Board of Trustees for a 4-year term beginning July 1, 2015 until June 30, 2019, which was unanimously approved by the Board. Closed Session Motion was made by Mr. Harville, seconded by Mr. Barber, to enter into Closed Session for the following: Consultation with legal counsel and briefings by staff members or consultations pertaining to actual or probable litigation where such consultation or briefi ng in open meeting would adversely affect the negotiation and litigating posture of the public board. Authority:§2-2.3711(A) of the Code of Virginia 1950, as amended Subject matter: Barbara Hudson v. Pittsylvania County, Virginia and the Board of Supervisors of Pittsylvania County, Virginia Purpose:Case Briefing by Legal Counsel The Board entered into closed session at 7:50pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to return to Open Session. Regular Meeting June 1, 2015 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, June 1, 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 Mr. Harville’s motion was unanimously approved by the Board and the returned to Open Session at 8:35pm. No Action was taken Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville , to adjourn, which was unanimously approved by the Board. The meeting ended at 8:36 pm. _______________________________________ Brenda H. Bowman, Chair Pittsylvania County Board of Supervisors _______________________________________ Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors