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08-18-2015 BOS adj meetingAdjourned Meeting August 18, 2015 Pittsylvania County Board of Supervisors Tuesday, August 18, 2015 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, August 18, 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 7:00p.m. The following members were present: Brenda H. Bowman Chatham-Blairs District Elton W. Blackstock Staunton River District Tim R. Barber Tunstall District Coy E. Harville Westover District James H. Snead Dan River District Jerry A. Hagerman Callands-Gretna District Jessie L. Barksdale Banister District Mr. Clarence C. Monday, County Administrator, 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. The 2015/16 Youth Commission nominees led the Pledge of Alliance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Blackstock, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens Richard Shields offered a word of prayer. Mr. Shields then thanked the Board for all their work; however he felt it was time for them to work together and conduct themselves as examples for others to follow. Mr. Shields also stated that little has been improved with the issue of paving condition and the commercial trucks traveling on the Green Pond and Climax Roads. In closing, Mr. Shields also stated there needed to be more cell phone towers on the corridor of U.S. Highway 57 from Chatham to Martinsville, as that entire area seemed to be a dead zone for cell phone use. Gracie Mays of the Tunstall District reminded the Board of the upcoming annual softball tournament for charitable causes between the Pittsylvania County Sheriff’s Department and the Danville City Sheriff’s Department on September 12, 2015. Ms. Mays also complimented Ms. Bowman on her speech at the August 11, 2015 State of the Region Business at Breakfast meeting. George Winn of the Callands/Gretna District addressed Mr. Hagerman with 2 questions: one concerning Mr. Winn stating there had been conversations in April 2015 between members of the Agricultural Development Board and Mr. Hagerman about proposed setback recommendations and why did Mr. Hagerman state at the Board of Supervisors-Planning Commission Joint meeting did he say that was the first he’d heard the recommendations; and secondly Mr. Winn questioned who were his campaign supporters. Mr. Winn then said funds from the County’s budget were paying for the attorney representing the Pittsylvania County Agricultural Development Board. Lastly, Mr. Winn commented that it was Mr. Hagerman who came out during Closed Session and said what was being discussed during the meeting. Stanley Shelton of the Chatham/Blairs District stated that he was an animal shelter supported but he did not support spending $5 million to build one. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Blackstock, to approve the Consent Agenda, which was unanimously approved by the Board. (a) Appointment of the 2015/16 Pittsylvania County Youth Commission and Advisory Board Adjourned Meeting August 18, 2015 (b) Racecourse Approval – 2015 Healing Race Foundation “Live It Well” 5k Race/1 Mile Fun Walk (c) Resolution 2015-08-02; Henry & Hank Maxey, Maxey Farms, Inc.: Recipients of the 2015 Virginia Cattlemen of the Year Award (d) Library Memorandum of Understanding (e) Representation Agreement Pittsylvania County Board of Supervisors RESOLUTION 2015-08-02 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, August 18, 2015, the following resolution was presented and adop ted congratulating the Henry and Hank Maxey of Maxey Farms, Inc. on their selection as 2015 Virginia Cattlemen of the Year Award from the Virginia Cattlemen Association. WHEREAS, Maxey Farms, Inc. consists of over 600 fall calving cow calf pairs, owning and/or leasing over 3,000 acres of land based in Chatham, Virginia; and WHEREAS, Henry and Hank Maxey of Maxey Farms, Inc. are true leaders on and off the farm for Virginia Cattlemen with the reputation of providing high quality feeder calves and breeding stock from an Angus based herd that sets the standard for cow calf operations in Virginia; and WHEREAS, using tobacco as a cash crop to help generate revenue to expand their cattle operation, over the past two and a half decades, Henry and Hank Maxey have set the standard of how to build a high quality commercial herd that is always thriving to add value to all cattle sold off the operation; and WHEREAS, Maxey Farms, Inc.’s former state and national win of the Beef Cattle Improvement Association (BCIA) award is supported by an excellent reputation of managing conservation practices on land they farm for a complete operation that is grass based, utilizes advanced breeding practices, preconditions all calves before marketing, and markets cattle in trailer load lots. Henry and Hank Maxey’s breeding and marketing practices have consistently produced high quality Angus cattle that are sought after from buyers across the nation; and WHEREAS, while impressive as their accomplishments on the farm are, Henry and Hank Maxey have just as many accomplishments off the farm representing their fellow cattlemen and agriculture interest on the local, state and federal level; and WHEREAS, Maxey Farms, Inc., receipt of the 2015 Virginia Cattlemen of the Year Award; is the result of Henry and Hank Maxey’s dedication to their vocation in producing superior feeder calves and breeding stock; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to Henry and Hank Maxey of Maxey Farms, Inc. as recipients of the 2015 Virginia Cattlemen of the Year Award; and BE IT FURTHER RESOLVED that a copy of this Resolution be presented to the Henry and Hank Maxey. Public Hearings Rezoning Cases Case 1: Steven Grant Epps – Staunton River Election District: R-15-023 Ms. Bowman opened the hearing at 7:30pm. Mr. Shelton explained that Steven Epps had petitioned to rezone 14.71 acres, located on State Road 665/Rockford School Road, in the Staunton River Election 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. Steve Epps was present to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:21pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve rezoning Case R15 -023 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber- Adjourned Meeting August 18, 2015 Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Case 2: English Holding Company, Inc. – Staunton River Election District: R-15-024 Ms. Bowman opened the hearing at 7:22 pm. Mr. Shelton explained that English Holding Company, Inc., had petitioned to rezone 1.50 acres, located on State Road 609/Brights Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjacent parcels of land zoned A-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. James Kent with Kent & Kent, P.C., was present to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:23 pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve rezoning Case R-15-024 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; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Case 3: Robert Allen Shrewsberry – Dan River Election District: R-15-025 Ms. Bowman opened the hearing at 7:26pm. Mr. Shelton explained that Robert Allen Shrewsberry had petitioned to rezone 3.59 acres, located on State Road 1016/Neal Davis Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for subdivision of the property to allow for placement of a second home). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Lena Crihfield was present to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:27pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve rezoning Case R-15-025 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; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Snead’s motion was unanimously approved by the Board. Case 4: Tony L. Lundy – Westover Election District: R-15-026 Ms. Bowman opened the hearing at 7:28 pm. Mr. Shelton explained that Tony Lundy had petitioned to rezone approximately 1.00 acre of land, located on State Road 750/Mount Cross Road, in the Westover Election District from A-1, Agricultural District to M-1, Industrial District, Light Industry (to combine with the adjacent parcel of land zoned M-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Tony Lundy was present to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:29 pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve rezoning Case R-15-026 from A-1 to M-1 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. Case 5: Brandon Scott Cassidy – Dan River Election District: R-15-027 Ms. Bowman opened the public hearing at 7:31 pm. Mr. Shelton explained that Brandon Scott Cassidy had petitioned to rezone 9.56 acres, located on State Road 693/Chaneys Store Road, in the Dan River Election District from B-2, Business District, General to RC-1, Residential Combined Subdivision District (to allow for a second dwelling, a 2014 single-wide mobile home, on the property). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Joann Moser, Brandon Cassidy’s gr andmother, was present to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:32pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve rezoning Case R - 15-027 from B-2 to RC-1 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. Snead’s motion was unanimously approved by the Board. This concluded the Public Hearings. Unfinished Business At the Board’s meeting on August 3, 2015, a motion was made by Mr. Harville, seconded by Mr. Barber, for the reappropriation of $51,380.88 as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $201.68 to Sheriff-Subsistence & Lodging (100-4- 031200-5530), $120.00 to Sheriff-Training & Education (100-4-031200-5540), $60.00 to Adjourned Meeting August 18, 2015 Sheriff-Parts (100-4-031200-6030), $250.00 to Sheriff-Vehicle (100-4-031200-8105), $50.00 to Jail-Food Supplies (100-4-033100-6002), $11,395.92 to E911-Telephone (100-4-035500-5230), $2,400.00 to B&G-Building Supplies (100-4-043100-6007), $131.98 to VFIRS Computer Grant (250-4-032402-8107), $3,900.00 to SOVA AMP Tour Grant (250-4-094227-5899), $31,121.39 to WIA-Other Operating (251-4-353853-6014), $1,250.00 to WIA-Other Operating Expense (251-4-353878-6014), 300.24 to WIA-Lease Rental-Building (251-4-353160-5420). This motion required a 10-Day Layover that had now been met and the following Roll Call Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Harville’s motion was unanimously approved. New Business Motion was made by Mr. Barksdale, seconded by Mr. Harville, to agree (1) to terminate a Lease Agreement with Danville Community College for the use of a portion of the Riddle Center located at Gretna, Virginia, noting the both Danville Community College and the Pittsylvania County Public Library mutually expressed a desire to terminate the existing Agreement; and (2) the effective termination date for the Agreement will be September 30, 2015; and (3) authorize staff to notify Danville Community College of the Agreement’s termination. Mr. Barksdale’s motion was unanimously approved by the Board. Mr. Monday explained that the Town of Gretna had requested the Pittsylvania County Board of Supervisors consider waiving the $41 per ton landfill tipping for approximately 375 tons of mud from the Waste Water Treatment Plant ($15,375 in tipping fees). Mr. Monday said if the Board approved this request, the sludge would have to pass a Toxicity Leachate Characteristic Procedure (TLCP) test. The deliver would be coordinated with the Director of Solid Waste in order to meet the ratio between solid waste and sludge to be integrated into the cell. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve the Town’s request. During discussion, a substitute motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve the request and waive the tipping free, and that all costs incurred for testing be charged to the Town of Gretna. After further discussion, the substitute motion was withdrawn and restated by Mr. Blackstock, seconded by Mr. Harville, to approve the Town’s request to waive the tipping fee, accept the sludge on the condition it passed any testing; costs incurred due to testing would be paid by the Town of Gretna; and County staff would determine the best methods and place the testing would be performed. The following Roll Call Vote was recorded on the restated substitute motion: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s restated substitute motion was unanimously approved by the Board. Mr. Monday explained that County Waste is requesting to operate two trucks in Pittsylvania County. They are working with the Town of Hurt for its waste removal and have submitted their formal request with pictures of the trucks to be operated. Chapter 17-5(A) of the Pittsylvania County Code requires the Board of Supervisors approval to haul solid waste in Pittsylvania County. The vendor has to obtain a license for $50 per vehicle per year from the Commissioner of Revenue. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve a hauling permit to County Waste to haul solid waste in Pittsylvania County, which was unanimously approved by the Board. Mr. Monday explained the Board of Supervisors had instructed staff to develop a job description for a new Shelter Manager and establish the pay range for this position. The Human Resources Department, working with the County Staff, has developed a job description for the Board’s consideration. The Human Resources Department has determined that the salary plus fringe benefits for this position will be $68,127.09. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the job description, salary and fringe benefits for the new position of Animal Shelter Manager, and appropriate $68,127.09 from the Unassigned General Funds. This motion required a 10-Day Layover. At the Board of Supervisors’ August 3, 2015 meeting a motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to start the required 10-Day Layover for appropriation of $594,000 from the Unassigned General Fund, for the purchase of property located at 11880 U.S. Highway 29 in Chatham, Virginia. The 10-Day Layover 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. Blackstock’s motion was unanimously approved by the Board. Adjourned Meeting August 18, 2015 Mr. Monday explained the County has made tremendous progress since the fall of last year when this discussion started on building a new animal shelter. The County has a site it is nearly ready to purchase. Preliminary cost estimates have been provided, and a conceptual rendering is on display in the foyer of the County Administration Building. Much work is still required so the Board of Supervisors can decide if they want to build a new shelter, of which the Board is aware. All members of the Board have taken this seriously and requested an Interim Strategy that will build on work done by the County’s Animal Control Officers. The following detailed strategy and next steps are submitted for consideration: 1. Hire a temporary, part-time Animal Shelter Attendant who will perform Shelter housekeeping duties, supplementing current work done by the Animal Control Officers. The County will work to fill this position immediately. 2. Hire an Animal Shelter Manager (ASM) who will perform numerous duties, including housekeeping, adoption coordination, public education, and shelter management. Furthermore, the ASM can offer design input and coordinate fundraising for a new shelter. It is expected someone can be in place within sixty (60) days, and the part-time, temporary position may be eliminated at the appropriate time. 3. Continue and build on programs such as spay/neuter, rabies clinics, and public education sessions. 4. Work towards finding a balance between need and affordability for a new shelter. Staff suggests starting with the conceptual design completed by Dominion 7 and amending it to achieve the County’s goals. A revised Scope of Work would be brought back to the Board at a public meeting, and if the Board approves, distributed for bid. At that time, the Board will know exactly how much a new shelter will cost. If the Board feels balance has been achieved, the Board will be positioned to proceed accordingly Motion was made by Mr. Harville, seconded by Mr. Snead, and unanimously approved by the Board, to implement an Interim Strategy consisting of: (1) Hiring a part-time, temporary Animal Shelter Attendant to start immediately (2) Hiring an Animal Shelter Manager (3) Continuing and building on programs such as spay/neuter, rabies clinics, and public education sessions; and (4) Bringing back an amended Scope of Work for a new animal shelter. Kim Van Der Hyde, Director of Finance, presented the 2015 4th Quarter Financial Report for Pittsylvania County. In summary, the report shows the conservative nature of the County’s budgeting practices. Staff is in the process of collecting data to perform its annual audit. Robinson, Farmer, Cox and Associates will be at the County on September 28 th to complete final fieldwork. Since the County reports its annual financial statements on a modified accrual basis, figures contained in this report will definitely change to properly account for revenues and expenses in the correct period. This report is simply a snap shot of the County’s finances, on a cash basis, on the last day of our fiscal year. Pittsylvania County continues to maintain a stable financial position. This was confirmed when the County recently had its credit re-evaluated by 3 reputable credit agencies: Standard and Poor’s (S&P), Moody’s and Fitch. S&P and Moody’s reconfirmed our credit ratings with them at AA- and Aa3, respectively. Fitch, a new agency to the County, gave the County a rating of AA. Staff is very pleased with these ratings, which allowed the County to receive favorable interest rates when we refunded bonds on August 12th. Motion was made by Mr. Harville, seconded by Mr. Barber, to accept the 2015 4th Quarter Financial Report for Pittsylvania County, which was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to appropriate a total of $124,718.89 and approve transfers of $476,184.92 for a grand total adjustment of $600,903.81 to be adjusted in the FY 2014/2015 budget. This motion required a 10-Day Layover. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to a public hearing be set for the regular meeting of the Board of Supervisors, September 8, 2015 to hear citizen input on budget amendments to the FY 2016 budget, which would include an additional $6000 for communicates, for the purpose of video recording board meetings. Mr. Snead’s motion passed by a 6-1 majority vote, with Mr. Harville opposing. Adjourned Meeting August 18, 2015 Appointments Motion was made by Mr. Blackstock, seconded by Mr. Barber, to re-appoint James McLaughlin as one of the Pittsylvania County representatives on the Dan River Alcohol Safety Action Board for a three (3) year term beginning August 19, 2015 until August 18, 2018. The Board unanimously approved Mr. Blackstock’s motion. Board Announcements Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, for the right to reconsider his vote on Item 5(e); Representation Agreement. Mr. Hagerman said he did not see it there and wanted to amend his vote. Mr. Hagerman’s motion failed b y a 3-4 vote of the Board, with Mr. Blackstock, Mr. Harville, Mr. Barber, and Mr. Snead opposing. Mr. Blackstock made comments on a Letter to the Editor that appeared in the Chatham Star Tribune concerning events that occurred at the July 21, 2015 Board meeting. After some discussion, the consensus of the Board was for staff to draft a record of facts on what happened before and after the Closed Session of the July 21, 2015 Board meeting and present this to the Board prior to their next meeting. Mr. Barber stated he felt the Board of Supervisors always has a moral obligation to provide legal representation for members of the Board’s committees if they are sued. Adjournment Motion was made by Mr. Snead, seconded by Mr. Barber, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:58 pm. _______________________________________ Brenda H. Bowman, Chair Pittsylvania County Board of Supervisors _______________________________________ Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors