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10-05-2015 BOS regular meetingRegular Meeting October 5, 2015 Pittsylvania County Board of Supervisors Monday, October 5, 2015 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, October 5, 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: Brenda H. Bowman Chatham-Blairs District Elton W. Blackstock Staunton River District Tim Barber Tunstall District Coy E. Harville Westover District Jerry A. Hagerman Callands-Gretna District Jessie L. Barksdale Banister District James H. Snead Dan River District Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, 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. Blackstock, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens Gracie Mays of the Tunstall District presented the Annual Law Enforcement Charity Softball Tournament trophy to the tournament’s winner, the Pittsylvania County Sheriff’s Office. Barbara Hudson of the Callands/Gretna District encouraged everyone to attend the October 28, 2015 meeting the Department of Environmental Quality (DEQ) would be holding concerning the Town of Chatham’s application proposing the increase of water removal from Cherrystone and Roaring Fork lakes from 405,000 gallons per day to 1,405,000 gallons per day. The meeting would be held in the General District Courtroom in Chatham between 5:00 – 7:00pm. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda, which was approved by the Board of Supervisors. a) Minutes: September 8, 2015 – (i) Regular Meeting September 15, 2015 – (ii) Adjourned Meeting (b) Bill List – September 2015 (on line) (c) Mutual Aide Agreement – Mt. Herman VFD (d) Ratify Resolution 2015-09-03; Riceville Java VFD 50th Anniversary (e) Retirement of Canine Partner Regular Meeting October 5, 2015 Pittsylvania County Board of Supervisors Resolution 2015-09-03 Riceville Java Volunteer Fire Department 50th Anniversary WHEREAS, the Riceville Java Volunteer Fire Department was chartered in May 1965 and incorporated on August 20, 1965; and WHEREAS, the Riceville Volunteer Fire Department began with one fire truck, a 1947 Ford, and constructed a one bay station in Riceville behind Jennings Garage that was built by the community donating trees to the department that were traded to a saw mill for lumber; and WHEREAS, in 1966, the Riceville Volunteer Fire Department built a second bay onto the station as well as a meeting/kitchen area; and WHEREAS, in need of additional volunteers to operate, the Riceville Volunteer Fire Department joined with the Java Volunteer Fire department, becoming the Riceville Java Volunteer Fire Department; and WHEREAS, in 1977, the Riceville Java Volunteer Fire Department built a station in Java so trucks could be placed in Java; and WHEREAS, the Riceville Java Volunteer Fire Department ran out of both stations until building a new six bay station in 2000 located at 3105 Java Road in Java, Virginia, which is the only station the department operates from to this day; and WHEREAS, the department began with 22 members in 1965 and currently there are 23 members in the Riceville Java Volunteer Fire Department; and WHEREAS, Mr. Carroll Jennings played a major role in starting the department in 1965 and was Riceville Java Volunteer Fire Department’s first chief, serving from 1965-1966 and again as chief from 1969-1984. Other chiefs include Carroll Terry (1967-1968); Jerry Moser (1985- 1991), Glenn Hedrick (1992-1997), Rodney Shelton (1998-2005), and James Yeatts (2006- Present); and WHEREAS, Mr. Carroll Jennings has been a member of the Riceville Java Volunteer Fire Department for 50 years, and is still an active department member; and WHEREAS, the Riceville Java Volunteer Fire Department will be celebrating its 50th anniversary on Saturday, September 26, 2015; then BE IT HEREBY RESOLVED that the Board of Supervisors of Pittsylvania County, on behalf of the citizens of Pittsylvania County, congratulate and thank the Riceville Java Volunteer Fire Department and its members for providing 50 years of invaluable service to the citizens of Pittsylvania County and the Board of Supervisors wishes the Riceville Java Volunteer Fire Regular Meeting October 5, 2015 Department and its members a safe and successful future providing protection to the citizens of Pittsylvania County; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Riceville Java Volunteer Fire Department. Public Hearings The Pittsylvania County Board of Supervisors held a public hearing to receive citizen input on the proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code. The proposed amendment would establish a tax exempt status for real property owned by The First Baptist Church of Gretna and operating as “Blanche’s Closet”. Mr. Monday explained that The First Baptist Church of Gretna had converted a house it owned (Parcel ID# 2530-05-6245, Irby Property Lots 1, 2, & 3, located at 602 South Main Street in Gretna, Virginia), for the purpose of giving away clothing, food, and furniture to those in need and operating as “Blanche’s Closet”, and has requested from the Board of Supervisors a tax exempt status designation for said real property, and the refund of the property taxes paid in the amount of $295.59 in June 2015. As per the Commissioner of the Revenues Office, this property is assessed at $100,200 and the total loss of revenue if the Board granted the church’s request would be $591.18. Ms. Bowman opened the public hearing at 7:20pm. Mr. Charles Strauss was present to represent the church. No one signed up and Ms. Bowman closed the hearing a 7:21pm. Motion was made by Mr. Hagerman, seconded by Mr. Barber, to approve designating the property owned by The First Baptist Church of Gretna and operating as “Blanche’s Closet”, located at 602 South Main Street in Gretna, Virginia and further known as Lots 1,2, and 3 Irby Property, to be exempt by designation since said real property is used specifically for charitable purposes; further that the aforementioned property is designated as a 501(c)(3) non-profit corporation with ID# 54-0575803, effective January 1, 2015. 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. Hagerman’s motion was unanimously approved by the Board. The Pittsylvania County Board of Supervisors held a public hearing to receive citizen input on potentially removing Article III of Chapter 17 from the Pittsylvania County Code (better known as the “Solid Waste Disposal Fee Ordinance”). The proposed action would formally abolish the Solid Waste Disposal Fee in the County effective December 31, 2015. Mr. Monday explained the Landfill Fund was established in FY2012 as a requirement of the Virginia Resource Authority when borrowing funds to open a new cell and purchase a new solid waste compactor at the landfill. It was during this time the Board of Supervisors was investigating the possibility of establishing a solid waste disposal fee and obtaining the necessary authorization from the Virginia General Assembly to establish such fee. The Board felt this fee would more evenly distribute the cost to all citizens. Accordingly, the staff and the Board enlisted the legislative assistance of local state legislators to add Pittsylvania County to Virginia State Code §15.2-2159; thereby, authorizing collection of said Fee. The Virginia General Assembly approved HB 561 on April 18, 2012, which formally authorized Pittsylvania County to collect said Fee. Pittsylvania County’s Solid Waste Disposal Fee, PCC S ection 17-11, was formally established by the Board of Supervisors on March 7, 2012, following a duly advertised public hearing. The Fee became effective July 1, 2012. On March 22, 2013 the Virginia Regular Meeting October 5, 2015 General Assembly, via HB 223, added Pittsylvania County in 3 additional places to Virginia State Code §15.2-2159(A); thereby expanded the County’s use and authority related to the fee. The Code states the Fee shall be deposited in a special account to be expended only for the purpose of removing a disposing of solid waste. Mr. Monday concluded that in order to eliminate the said Fee, the Board is required to take the following action: 1) Adopt an ordinance to repeal the ordinance adopted May 7, 2012, establishing Article III, §17-11 through §17-22 of the Pittsylvania County Codes, the Solid Waste Disposal Fee Ordinance; 2) Adopt a Resolution, amending Resolution 2015-04-01 (presented April 6, 2015) entitled “Pittsylvania County Adopted Budget Fiscal Year 2016”, to remove the Solid Waste Fee from the schedule of fees contained therein on page 3 of said Resolution; and 3) Amend the County’s FY2015/2016 Adopted Budget to remove such Solid Waste Fee Revenue, and amend the County’s expenditures to re-balance the budget. Ms. Bowman opened the hearing at 7:25pm. The following citizens signed up to speak: Dickie Dill, of the Callands-Gretna District, owns a trailer park and approves of abolishing the fee. However, if the Board decided not to repeal the fee, then he would like to see the tenants and the property owner received the bills for the fee. Dean Fowler, President of the Fire & Rescue Association, stated he was not opposing or supporting the fee. He only wished the Board to keep in mind the support they have promised the fire and rescue squads when the Board has to amend County expenditures to re-balance the budget. Hugh Mitchell, Jr., Chatham-Blairs District stated the people living on the properties should be receiving the fee, not the property owners who then have to collect the fee from their tenants. The fee shouldn’t be collected just from the real estate owner. Furthermore, he questioned if the fee is eliminated, how with the revenue loss be absorbed into the County. Would it raise real estate taxes? Curtis Arthur, Staunton River District, owns 45 properties and supported repealing the fee. Elizabeth Jones, Banister District, submitted several questions she felt needed to be answered before a decision repealing the fee could be made. James Turpin, Westover District, supported repealing the fee if it could be done without raising taxes. Linda Hairfield, Dan River District, owns rental property and supported abolishing the fee for the same reason as mentioned by previous property owners. Ronald Scearce, Westover District, stated no one he knew in the Westover District supported the establishment of the fee and the County’s “slush fund” had grown from $15 million to $34 million in four (4) years. Deborah and Phillip Lovelace, Callands-Gretna District, felt the fee has brought undue hardship on those who can’t afford it. Property owners who rent out homes have a fee sent to them that other types of business owners don’t incur. Ms. Lovelace questioned if imposing the fee annually has been the requirements of its own ordinance since a specific public hearing solely on the fee wasn’t held annually. Mary Landrum, Westover District, did not feel the fee was necessary if the County has over $30 million. Nor did she feel it was fair to send the bills to the property owners (who lease or rent out properties to others) instead of the people who actually live in the houses. Richard Shumate, Westover District, supported repealing the fee, especially since he felt there has been a lack of enforcement at dumpster sites preventing non-county residents from Regular Meeting October 5, 2015 disposing of their trash there. Mr. Shumate further stated the elderly couldn’t afford all these fees the County imposed. Wayne Robertson, Chatham-Blairs District, who also rents/leases out properties, did not appreciate collecting the County’s fees for them. He felt the fees should have been mailed to the resident of the property and was in favor of repealing the fee. Mr. Barksdale entered into citizen comments a letter from C.D. Bryant, supporting the continuous of the fee and was opposed to repealing it. No one else signed up to speak and Ms. Bowman closed the hearing at 8:01pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to 1) Adopt an ordinance to repeal the ordinance adopted May 7, 2012, establishing Article III, §17-11 through §17-22 of the Pittsylvania County Codes, the Solid Waste Disposal Fee Ordinance; 2) Adopt a Resolution, amending Resolution 2015-04-01 (presented April 6, 2015) entitled “Pittsylvania County Adopted Budget Fiscal Year 2016”, to remove the Solid Waste Fee from the schedule of fees contained therein on page 3 of said Resolution, which would be brought back to the Board at their next meeting; and 3) Amend the County’s FY2015/2016 Adopted Budget to remove such Solid Waste Fee Revenue, and amend the County’s expenditures to re-balance the budget. After decision between the Board, the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-No; Mr. Hagerman-Yes; and Ms. Bowman-No. Mr. Harville’s motion passed by a 5-2 majority vote of the Board, with Mr. Barksdale and Ms. Bowman opposing. Mr. Blackstock, Chairman of the Finance Committee, stated there would be a Finance Committee meeting at 5:00 pm on Tuesday, November 17, 2015. AN ORDINANCE TO REPEAL THE ORDINANCE ADOPTED MAY 7, 2012, ESTABLISHING ARTICLE III, §§ 17-11 THROUGH 17-22 OF THE PITTSYLVANIA COUNTY CODE, THE SOLID WASTE DISPOSAL FEE ORDINANCE. BE IT ORDAINED BY THE BOARD OF SUPERVIORS OF PITTSYLVANIA COUNTY, VIRGINIA, AS FOLLOWS: That certain Ordinance entitled the “Solid Waste Disposal Fee Ordinance,” Article III, §§ 17-11 through 17-22 of the Pittsylvania County Code, adopted May 7, 2012, is hereby repealed effective December 31, 2015. Adopted, per Virginia Code § 15.2-1427(D) & (E), by the Board of Supervisors of Pittsylvania County, Virginia, on the 5th day of October, as follows: YES NO TIM R. BARBER X JESSIE L. BARKSDALE X ELTON W. BLACKSTOCK X BRENDA H. BOWMAN X JERRY A. HAGERMAN X Regular Meeting October 5, 2015 COY E. HARVILLE X JAMES SNEAD X This concluded the public hearings. Unfinished Business At the Board of Supervisors’ adjourned meeting on September 15, 2015, a motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Pittsylvania County Health Department’s carryover request of $35,000 to be used in the FY 2016 budget, which would be used to install more modern telecommunications systems in the Pittsylvania County Health Department to better service the County’s residents; and to approve the Pittsylvania County Health Department’s $30,000 returned funds to Pittsylvania County and appropriate the $30,000 returned funds to the Financial Advisory Services Line item (100-4-011010-56593). 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. At their Board of Supervisors’ adjourned meeting on September 15, 2015, a motion was made by Mr. Harville, seconded by Mr. Snead, for the reappropriation of $39,930.60 as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $65.00 to Treasurer-Travel (100-4-012410-5500), $1,739.49 to Fleet-Capital Outlay-Vehicle (100-4-012520-8105), $570.00 to Sheriff-Printing (100-4-031200-3500), $1,260.00 to Sheriff-Training (100-4-031200-5540), $2,967.49 to Sheriff-Parts (100-4-031200-6030), $2,485.30 to Sheriff-Labor (100-4-031200- 6031), $102.85 to Jail-Extradition (100-4-033100-5550), $88.00 to Jail-Food Supplies (100-4- 033100-6002), $48.75 to VFD-United Way Contributions (100-4-032200-5667), $1,385.00 to B&G-Building Supplies (100-4-043100-6007), $518.00 to Recreation-Recreation Supplies (100- 4-071100-6014), $250.00 to Ag Development-Farmer’s Market (100-4-082500-6014), $22.51 to WIA-Other Operating (251-4-353851-6014), $28,228.54 to WIA-Other Operating (251-4- 353853-6014). 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. Presentations David Hoback, Executive Director for the West Piedmont Planning District, and Bill Cashman, a representative from AECOMM, presented the draft 2040 Danville-Pittsylvania Area Long-Range Transportation Plan developed by the Danville Metropolitan Planning Organization. Laurie Moran, Executive Director for the Danville-Pittsylvania County Chamber of Commerce, presented a draft of the proposed Danville and Pittsylvania County Travel and Tourism Plan. Ms. Moran stated the presented proposal was still in draft form and a progress update from the Travel and Tourism Plan Committee, and she would return at a later date to give the Board more information. New Business Motion was made by Mr. Barksdale, seconded by Mr. Snead, for the reappropriation of $39,930.60 as follows: $199.67 to Clerk of Courts-Copier Lease (100-4-021600-60051), $65.00 Regular Meeting October 5, 2015 to Treasurer-Travel (100-4-012410-5500), $1,739.49 to Fleet-Capital Outlay-Vehicle (100-4- 012520-8105), $570.00 to Sheriff-Printing (100-4-031200-3500), $1,260.00 to Sheriff-Training (100-4-031200-5540), $2,967.49 to Sheriff-Parts (100-4-031200-6030), $2,485.30 to Sheriff- Labor (100-4-031200-6031), $102.85 to Jail-Extradition (100-4-033100-5550), $88.00 to Jail- Food Supplies (100-4-033100-6002), $48.75 to VFD-United Way Contributions (100-4-032200- 5667), $1,385.00 to B&G-Building Supplies (100-4-043100-6007), $518.00 to Recreation- Recreation Supplies (100-4-071100-6014), $250.00 to Ag Development-Farmer’s Market (100- 4-082500-6014), $22.51 to WIA-Other Operating (251-4-353851-6014), $28,228.54 to WIA- Other Operating (251-4-353853-6014). This motion required a 10-Day Layover. Motion was made by Mr. Barber, seconded by Mr. Snead, to appropriate a total of $1,238.25 to the Sheriff’s Office 2015-2016 budget in line item 100-4-031200-5880. It was noted the Sheriff’s Department had a balance remaining in the National Night Out budget of $1,238.25 at 6/30/15. This carryover was necessary since these funds had been d onated to the Sheriff’s Office to cover expenditures incurred by the Sheriff’s Night Out activities. Because this event would not take place until the spring 2016, a total of $1,238.25 needed to be carried over to the FY 2016 budget. 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. Barber’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to appoint Brenda Bowman as the authorized voting delegate for Pittsylvania County at the annual Virginia Association of Counties (VACo) Conference in November 2015. Mr. Harville’s motion was unanimously approved by the Board. Staff submitted for the Board of Supervisors’ review procedures and guidelines on procurement guidelines and procedures for Design/Build and the Public Private Educational Act of 2002 (PPEA) as two alternate procurement options the Board does not currently have. Mr. Vaden Hunt, County Attorney, states this item would be brought back for action at the Board’s adjourned meeting on October 20, 2015. No action was taken. Items Added Motion was made by Mr. Barber, seconded by Mr. Harville, to amend the agenda to include: (1) acceptance of a Letter of Resignation from Mr. Ed Hairston, who served on the West Piedmont Planning Commission as Pittsylvania County’s Citizen Representative; and (2) to appoint Wendy Bryant-Cook to fulfill the term left vacant by Mr. Hairston’s resignation. Mr. Barber’s motion to amend the agenda to include these two items was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Harville, to accept Ed Hairston’s Letter of Resignation from the West Piedmont Planning Commission, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve appointing Wendy Bryant-Cook to the West Piedmont Planning Commission as Pittsylvania County’s Citizen Representative to fulfill the term left vacant, beginning immediately until the term’s ending on February 28, 2017, which was unanimously approved by the Board. Board Announcements Mr. Snead reminded everyone it was Bully Awareness Week. Regular Meeting October 5, 2015 Mr. Hagerman stated there would be a program on Domestic Violence at the Olde Dominion Agricultural Complex on October 8, 2015; the Climax Sorghum Festival would be held on Saturday, October 10, 2015; the Gretna Old Timers Jubilee would be held Saturday, October 17, 2015; and due to the expected rains, the 35th annual Callands Fall Festival had been moved to October 24, 2015. Mr. Harville reminded everyone of the Pittsylvania County Animal Control AdoptionFest on Saturday, October 3, 2015. Ms. Bowman reminded everyone of the Candidate Forum to be held at 7:30am on October 7, 2015 at the Olde Dominion Agricultural Complex as part of the Danville-Pittsylvania County Chamber of Commerce Business at Breakfast. Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting ended at 9:45pm.