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10-20-2015 BOS adj meetingAdjourned Meeting October 20, 2015 Pittsylvania County Board of Supervisors Tuesday, October 20, 2015 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Monday, October 20, 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 Ms. Bowman announced that beginning with this meeting, the Board of Supervisors meetings would be videoed through the remainder of the fiscal year and that there would be a link on the County’s website to a YouTube site for citizens to view the meetings, or citizens could just subscribe at the YouTube site for a notification each time a new meeting was uploaded there. Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, Mr. Odie H. Shelton, Jr., Director for Code Compliance, 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. Barksdale, seconded by Mr. Harville, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens Pastor Matthew Speck, Staunton River District, offered a word of prayer, and then suggested that after the first of the year, the Board of Supervisors should consider a prayer policy regarding prayer offerings. Reverend Michael Hearp, Swansonville Pentecostal Holiness Church in the Tunstall District, thanked the Board for their stand in prayer, and presented donation of $2,000 to go towards the legal fees incurred during the ACLU vs Pittsylvania County prayer case and challenged other churches in the County to do the same. Barbara Hudson, Callands-Gretna District, reminded everyone of the October 28th meeting between 5-7:00 pm in the General District Courtroom being facilitated by the Department of Environmental Quality (DEQ) concerning the Town of Chatham’s request for an additional 1,000,000,000 gallons of water withdrawal from Cherrystone and Roaring Forks. Ms. Hudson encouraged everyone to attend this important meeting. Adjourned Meeting October 20, 2015 Will Pace, Chatham-Blairs District, gave a friendly reminder for candidates not to put their signs in right of ways, as it was a violation of the Virginia State Code §33.2-1024. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Snead, seconded by Mr. Barber, to approve the Consent Agenda, which was approved by the Board of Supervisors. (a) Section 125 Flexible Benefit Plan Adoption Agreement Public Hearings Rezoning Cases Case 1: Walter L. Maddy & Allison H. Maddy – Staunton River Election District: R-15- 030 R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District Ms. Bowman opened the public hearing at 7:14pm. Mr. Shelton explained that Walter and Allison Maddy had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 118.86 acres, (3.18 acres), located on SR 685/Telegraph Road, in the Staunton River Election District to A-1, Agricultural District (to make the parcel one zoning designation). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Mr. and Mrs. Maddy were present to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 7:15pm. Motion was made by Mr. Blackstock, seconded by Mr. Snead, to rezone the R-1 portion in Case R-15-030 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 2: Donald Richard Holley & Andrea M. Holley – Callands/Gretna Election District: R-15-031 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Ms. Bowman opened the public hearing at 7:15pm. Mr. Shelton explained that Donald and Andrea Holley had petitioned to rezone a total of 66.80 acres, three (3) parcels of land, located on SR 817/Maple Road, in the Callands-Gretna 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 petitioners’ request. Due to a death the family, the Holleys were not present to represent the petition and Mr. Shelton stated he would answer questions anyone might have. No one signed up to speak and Ms. Bowman closed the hearing at 7:15pm. Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to approve rezoning Case R-15-031 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. Hagerman’s motion was unanimously approved by the Board. This concluded the public hearings. Unfinished Business Adjourned Meeting October 20, 2015 At their meeting on October 5, 2015, a 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 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. Barksdale’s motion was unanimously approved by the Board. At their meeting on October 5, 2015, the Board of Supervisors was presented with information and resolution concerning the adoption of Design-Build and Public Private Educations Act (PPEA) of 2001 alternate procurement options. Mr. Monday and Mr. Hunt explained that in light of the potential upcoming Animal Shelter project, the Pittsylvania County Board of Supervisors expressed a desire to avail itself of all procurement options currently available under the Virginia Code. While emphasizing that the competitive sealed bid process is the preferred method of construction procurement in the Commonwealth, Virginia Code § 2.2 - 4308 authorizes local governments to enter into a contract for construction on a fixed price or not-to-exceed price design-build basis. Design-build contracts help minimize project risk for the project owner, and reduce the delivery schedule by providing an overlap of the project design and construction phases. Specific benefits of the design -build process, in comparison to traditional bid process, include, but are not limited to, the following: (1) faster project time completion; (2) single point responsibility; and (3) cost control. PPEA, per Virginia Code §§ 56 - 575.1 et seq., authorizes local governments to create public-private partnerships for the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, or installation of education facilities, technology infrastructure, and other public infrastructure and government facilities that serve a public need and purpose. By working with public-private partnerships, local governments and private entities have greater flexibility in contracting the development of “qualifying public projects,” so as to help promote the completion of such projects in a more timely and less costly fashion. Mr. Hunt stated that per Virginia Code, a locality cannot utilize either design-build or PPEA procurement, unless and until it has formally adopted and made public, via Resolution, specific design-build and PPEA procedures/guidelines. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve Resolution 2015-10-01 and to adopt the Design/Build Policy to be incorporated into Pittsylvania County’s Procurement Policy 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. RESOLUTION- 2015-10-01 Adjourned Meeting October 20, 2015 A RESOLUTION ADOPTING DESIGN-BUILD CONTRACT PROCEDURES/GUIDELINES TO BE USED AS AN ALTERNATIVE TO THE PROCEDURES GOVERNING THE TRADITIONAL COMPETITIVE SEALED BID PROCESS FOR PROCURING DEVELOPMENT OF CONSTRUCTION PROJECTS. ______________________________________________________________________________ BE IT RESOLVED BY THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS: That the Pittsylvania County Board of Supervisors hereby adopts design -build contract procedures/guidelines for use as an alternative to the procedures governing the competitive sealed bid process for procuring development of construction projects, as follows: WHEREAS, while emphasizing that the competitive sealed bid process is the preferred method of construction procurement in the Commonwealth, Virginia Code § 2.2-4308 authorizes local governments to enter into a contract for construction on a fixed price or not -to-exceed price design-build basis, so long as the local government complies with certain requirements, including adopting design-build procedures/guidelines consistent with those promu lgated by the Secretary of Administration; and WHEREAS, in doing so, the Virginia General Assembly recognized the need to provide alternatives in the procurement of public infrastructure and government facilities within the Commonwealth that serve a public need and purpose; and WHEREAS, the design-build contracting process helps minimize project risk for the project owner, and shortens the delivery schedule by providing for an overlap of the design phase and construction phase of a project; and WHEREAS, Pittsylvania County wishes to adopt design-build contract procedures to maximize its flexibility in procuring construction of public facilities in a manner consistent with Virginia law; and WHEREAS, the design-build contract procedures proposed for Pittsylvania County’s use are attached hereto as Exhibit “A;” and WHEREAS, Virginia law authorizes local governments to adopt the procedures by ordinance or resolution. NOW THEREFORE, BE IT RESOLVED BY THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS: That the Pittsylvania County Board of Supervisors hereby adopts, effectively immediately, the design-build contract procedures/guidelines, attached as Exhibit “A,” for use as an alternative to the procedures governing the competitive sealed bid process for pr ocuring development of construction projects. BE IT FUTHER RESOLVED: Adjourned Meeting October 20, 2015 That within the first business week following adoption of this Resolution, the County Administrator shall ensure that the design -build contract procedures/guidelines are posted on the County website, which posting shall state where a printed copy of the procedures may be examined. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve Resolution 2015 - 10-02 and to adopt the PPEA Policy to be incorporated into Pittsylvania County’s Procurement Policy 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. RESOLUTION- 2015-10-02 A RESOLUTION TO ADOPT THE PROCEDURES/GUIDELINES FOR IMPLEMENTATION OF PROCUREMENT VIA THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 _________________________________________________________________________________ WHEREAS, the Virginia General Assembly enacted Title 56, Chapter 22.1 of the Code of Virginia, the Public-Private Education Facilities and Infrastructure Act of 2002 (the “Act”) (Virginia Code §§ 56-575.1 et seq.); and WHEREAS, in doing so, the General Assembly recognized the need to provide alternatives in the procurement of public infrastructure and government facilities within the Commonwealth that serve a public need and purpose; and WHEREAS, the Act requires the local government to adopt implementing guidelines/procedures before it can consider proposals under the Act; and WHEREAS, the Pittsylvania County Board of Supervisors recognize proposals submitted in accordance with the Act may offer innovative proposals, enhanced delive ry, and cost effective alternatives. NOW THEREFORE, BE IT RESOLVED BY THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS, that the guidelines/procedures for implementation of the Public - Private Education Facilities and Infrastructure Act of 2002, attached here to as Exhibit “A,” and are hereby adopted, effective immediately. New Business Mr. Monday explained that Pittsylvania County received notification of a grant awarded to the West Piedmont Workforce Investment Board (WPWIB) and the Roanoke Valley-Allegany Regional Commission (RVARC) from the Virginia Department of Rail and Public Transportation. The total of the shared grant is $50,000. The portion related directly with the WIB totals $42,522 and did not require a local match from Pittsylvania County. M otion was made by Mr. Snead, seconded by Mr. Barber, to approve and appropriate a total of $42,522 as set forth in the grant budget. After some discussion between the Board members concerning the grant budget, a substitute motion was made by Mr. Harville, seconded by Mr. Barksdale, to table the issue until Lisa Fultz, Executive Director for the West Piedmont Workforce Investment Board, could be present to answer the Board’s questions. Mr. Harville’s motion was unanimously approved by the Board. Adjourned Meeting October 20, 2015 At their meeting on October 5, 2015, the Board of Supervisors, after holding a duly advertised public hearing for citizen input, repealed by ordinance the Solid Waste Disposal fee with an effective date of December 31, 2015. This action required staff to bring back an Amended FY 2015/2016 Budget Resolution since it removed a source of revenue from the budget. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve Resolution 2015-10-04 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-No. Mr. Haville’s motion was approved by a 6-1 majority vote of the Board, with Ms. Bowman opposing. RESOLUTION 2015-10-04 A RESOLUTION TO AMEND RESOLUTION 2015-04-01 ______________________________________________________________________________ WHEREAS, on April 6, 2015, the Pittsylvania County Board of Supervisors (the “Board”) approved Resolution 2015-04-01, adopting and appropriating a County budget for Fiscal Year 2016, that included revenue from the Solid Waste Disposal Fee; and WHEREAS, on October 5, 2015, the Board approved “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,” effective December 31, 2015; and NOW THEREFORE, BE IT RESOLVED BY THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS, that Resolution 2015-10-04 hereby amends Resolution 2015-04- 01 by removing the Solid Waste Disposal Fee revenue therefrom effective December 31, 2015. Mr. Blackstock, Chairman of the Finance Committee, stated there would be a Finance Committee meeting on Tuesday, November 17, 2015 at 5:00 pm. Motion was made by Ms. Bowman, seconded by Mr. Barber, to approve a Music Festival Permit Application submitted by J & R Productions, Inc., for an event to be held on Saturday, October 31, 2015 from 12:00 pm until 12: 00 am at the White Oak Mountain Amphitheater and Campground located at 599 Carson Lester Lane, Danville, Virginia, and authorized the County Administrator to sign all necessary documentation and issue the music festival permit, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to approved Change Order No. 1 from Concrete Foundations, Inc. in the amount of $54,255.76 for the following changes in the project to build a new compactor site at Medical Center Road and to expand the existing compactor site at Callahan Hill: (a) Remove additional existing pavement at the entrance to the Medical Center Road site to remove the steep slope towards the wall; (b) Add additional fill material, fencing and a gravel drive to allow for better access for trucks to pick up roll-offs; and Adjourned Meeting October 20, 2015 (c) Add concrete paving up the ramp at Callahan Hill compactor site to allow better access The Board unanimously approved Mr. Harville’s motion. Motion was then made by Mr. Harville, seconded by Mr. Snead, to appropriate the $54,255.76. This motion required a 10-Day Layover. Mr. Greg Sides, Assistant County Administrator for Planning and Development, explained to the Board that legislation signed by the Governor of Virginia in 2014 allowed local governments to either develop and administer their own stormwater management program or “opt out” and choose to have the Virginia Department of Environmental Quality administer a consistent, statewide stormwater management program. Mr. Sides said this legislative effort received broad support from DEQ, environmental groups, developers and local governments. Staff considered the time, staff, and expertise required to develop and administer a stormwater management program and made the decision, authorized by law, to choose to have DEQ continue to administer the statewide stormwater management program, as they have since the inception of stormwater management in Virginia. Throughout Virginia, 54 localities chose to “opt out” of developing their own program. Staff has become aware of a Stormwater Advisory Group that may be advocating for a change in policy that would remove the ability of local governments to have this choice. The County has been asked to consider a resolution of support for preserving the ability of local governments to have an option in how they choose to address stormwater management within their own jurisdiction. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve Resolution 2015-10-03 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 2015-10-03 WHEREAS, the Virginia Senate and House of Delegates, in response to local government concerns, both passed by wide margins amendments to the Virginia Stormwater Management Plan (“VSMP’) under House Bill 1173/Senate Bill 423, which amendme nts allow local governments to choose either to manage their own Stormwater Management Programs or to "Opt Out", leaving the administrat i on, implementation, and enforcement of the Program to the Virgini a Department of Environmental Quality (“DEQ”). These were both Omnibus Bills with broad and unequivocal support from DEQ, Envi ronmental Groups, and representa tives from the Con struction/Development community; and WHEREAS, the Governor of the Commonwea lth of Virginia signed House Bill 1173/Senate Bill 423 on March 24, 2014, and the bill was enacted immediately with an emergency clause contained therein; and WHEREAS, upon enactment, the Commonwealth of Virginia's lead environmenta l regulatory agency, the DEQ was established as the Commonwealth's VSMP Authority. The DEQ is the stormwater permitting authority and has the responsibility to implement, administer, and enforce the Commonwealth's environmental regulations in a uniform, consistent, efficient, and timely manner across the Commonwealth; and Adjourned Meeting October 20, 2015 WHEREAS, the Pittsylvania County Board of Supervisors, along with 54 other localities in Virginia, voted in 2014 to "Opt Out" of administering their own stormwater management program, leaving the administration of the Program to DEQ; and WHEREAS, following the 2014 legislation, a Stormwater Advisory Group was convened and charged with making recommendations regarding consolidation and implementation of the Virginia's Water Regulations, including Stormwater and Erosion and Sediment Control, to the 2016 General Assembly; and WHEREAS, the Stormwater Advisory Group is largely comprised of representatives from the environmental community, engineers, and DEQ staff, and lacks sufficient representation from Virginia's "Opt Out" localities and Chesapeake Bay Act localities; and WHEREAS, while the Stormwater Advisory Group should be commended for their months of hard work, and in particular for the work on consolidating various environmental programs into one program under DEQ administration, the Group has focused a significant amount of time recently and has become sidetracked of late with a discussion on the benefits to DEQ of repealing the statutory right to "Opt Out" provided by the 2014 legislative amendments to the VSMP, thereby, returning to localities the responsibility of plan implementation, administration, and enforcement; and WHEREAS, a recommendation to repeal the statutory "Opt Out" constitutes nothing less than nullification by committee of the legislative action clearly embodied in the 2014 Omnibus legislation, nullification of a right guaranteed by both houses of the General Assembly and the Governor, and would require that each and every locality in the Commonwealth administer a separate version of the VSMP, thus resulting in inconsistency, inefficacy and a cumulative burden that will increase both in size and cost each year, constituting nothing short of a significantly expensive and burdensome unfunded or underfunded mandate; and NOW, THEREFORE, BE IT RESOLVED THAT, the Pittsylvania County Board of Supervisors, strongly opposes any recommendation or effort to reverse or amend the action taken by the 2014 General Assembly in affording to Virginia’s counties and cities the statutory right to "Opt Out" of administering the VSMP, and further respectfully requests that the Stormwater Advisory Group support and seek implementation of the current law. Motion was made by Mr. Snead, seconded by Mr. Barber, to send a draft “Watch For Children Sign Program” to the Buildings and Property Committee for review, which was unanimously approved by the Board. Mr. Barksdale, Chairman of the Buildings and Property Committee, stated a committee meeting would be set for 4:00 pm on Tuesday, November 17, 2015. Appointments Motion was made by Mr. Barksdale, seconded by Mr. Harville, to re-appoint Dr. Charles Miller as the Banister District Representative on the Pittsylvania County Planning Commission for a four (4) year term, beginning December 1, 2015 until November 30, 2019, which was unanimously approved by the Board. Board Announcements Mr. Barber asked staff to compare Danville Utilities rates against other utility rates in the State. Mr. Harville reminded there were not supposed to be any political signs on County property. Adjourned Meeting October 20, 2015 Mr. Blackstock reminded everyone of the NAACP’s Candidate Forum on Thursday, October 19, 2015 at Chatham Middle School. 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 8:30pm.