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01-20-2009 BOS Adjourned MeetingAdjourned Meeting January 20, 2009 VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January 20, 2009 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Coy E. Harville, Chairman, called the meeting to order at 7:00 p. m. The following members were present: Fred M. Ingram Tim R. Barber James H. Snead William H. Pritchett Henry A. Davis, Jr., Jr Marshall A. Ecker Coy E. Harville Callands-Gretna District Tunstall District Dan River District Banister District Chatham-Blairs District Staunton River District Westover District Mr. William D. Sleeper, County Administrator and Clerk of the Board, Mr. John P. Light, Legal Counsel, Mr. Odie H. Shelton, Jr., Director of Code Compliance, Greg Sides, Director of Planning and Ms. Rebecca Flippen, Deputy Clerk, were also present Mr. Ecker gave the invocation and led the pledge of allegiance. Approval of Agenda A motion was made by Mr. Snead, seconded by Mr. Barber, to approve the agenda with the addition the following items to the agenda: Closed Session: (a) §2.2-3711 (A) (5) of the Code of Virginia, 1950, as amended. (b) §2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended. §2.2-3711 (A) (6) of the Code of Virginia, 1950, as amended. §2.2-3711 (A) (7) of the Code of Virginia, 1950, as amended. (c) Resolution 2009-01-01 - Brosville Volunteer Fire Department (d) Resolution for John L. Hurt Elementary School (e) Outsourcing -Outdoor Sign (~ Tri-County AEP Re-licensing Committee (TCRC) Appointment Mr. Snead's motion to approve the agenda with the addition of items a-f was unanimously approved by the Board. Hearing of Citizens Ms. Deborah Lovelace, of the Gretna-Callands District, addressed the Board with the following items: 1. support of Mr. Ecker's motion to amend the By-laws to limit a board member from serving as chairman to 1 year out of the member's 4 year term; 2. after commending the County on it's improvements of the County website, Ms. Lovelace suggested the Public Hearing notices be listed on the Homepage under Public Hearings as well as how it is currently listed on the County's web calendar, the agenda be in more detail and that the online Board Packet be found under Board of Supervisors (where the Adjourned Meeting January 20, 2009 minutes of meetings are found) instead of on the County's web calendar (on the date of the Board meetings). Mr. Phillip Lovelace, of the Gretna-Callands District, also supported Mr. Ecker's motion concerning the amendment to the By-laws limiting the chairmanship term and made comments concerning item 16 on the agenda regarding a Consent Order from the Virginia Department of Environmental Quality (VA DEQ). Karen Maute, of the Westover, made comments concerning uranium and local ordinances. Eloise Nenom, of the Chatham-Blairs District, made comments supporting Mr. Ecker's motion concerning the amendment of the By-laws to limit chairmanship terms to 1 year per 4 year board terms. Richard Shumate, Jr., of the Westover District, made comments concerning local ordinances and uranium, and also supported Mr. Ecker's motion regarding the By-law amendment. Sue Poe, of the Staunton River District, made comments supporting Mr. Ecker's motion to limit how often a member could serve as chairman during the member's 4-year term. Tim Meadows, of the Staunton River District, also supported Mr. Ecker's By-law amendment motion. William Poe, of the Staunton River District, also supported Mr. Ecker's By-law amendment motion. Greg Vickkery, of the Chatham-Blairs District, made comments supporting Ms. Maute's comments on uranium and local ordinances and Mr. Ecker's motion on the amendment to the By-laws in regards to chairmanship term limitation. Mary Catherine Plaster, of the Chatham-Blairs District, made comments on the following items: 1. that the County list on the County's website all Board/Committees/Agencies to which the Board makes appointments and/or serve on; 2. that the Board more evenly distributes their members serving on committees/agencies; 3. her disapproval of the Board of Supervisors decision to dissolve Pittsylvania County Economic Development (PCED); and 4. also made comments about the County's website. This concluded the Hearing of the Citizens. Consent Agenda (a) Letter of Support for the Agricultural Center (to the U.S.D.A. for a grant application to assist the Agricultural Development Board in the building of the Regional Agricultural Development Center currently proposed for construction on U.S. RT 29, north of Chatham, Virginia. (b) DUI Selective Enforcement Grant (for the Board to appropriate $27,508 of the Virginia Department of Motor Vehicles DUI Selective Enforcement Grant). Motion was made by Mr. Snead, seconded by Mr. Ingram to approve the Consent Agenda. Mr. Snead's motion was unanimously approved by the Board. Public Hearings Rezoning Cases Adjourned Meeting January 20, 2009 Case 1: Richard Holbrook -Westover District - R-09-001. The public hearing on this case opened at 7:32pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone 4.12 acres, located on U. S. Highway 29 in the Westover Election District from R-1, Residential Suburban Subdivision District to M-1, Industrial District, Light Industry (to construct a shopping center). The Planning Commission, with opposition, recommended granting the petitioner's request. Richard Holbrook was there to represent the petition and handed out diagrams of his proposed plats for Phase I and Phase II of his building plans. No one signed up to speak. Mr. Harville closed the hearing at 7:36pm. Mr. Snead made a motion, seconded by Mr. Barber, to rezone the property from R-1 to M-1. The following roll call vote was recorded. Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote. Mr. Harville announced that case R-09-001 had been rezoned to M-1. Case 2: Nathaniel T Coles & Denny M. Coles -Banister District - R-09-002. The public hearing on this case opened at 7:37pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone the R-l, Residential Suburban Subdivision District portion of a total of 3.42 acres, located on East Gretna Road/Highway 40, in the Banister Election District, to A-1, Agricultural District (to add additional acreage to an existing parcel, make the parcel one zoning designation and allow the survey to be recorded). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mrs. Coles was there to represent the petition. No one signed up to speak. Mr. Harville closed the hearing at 7:38pm. Mr. Pritchett made a motion, seconded by Mr. Barber, to rezone the property from R-1 to A- 1. The following roll call vote was recorded. Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - Yes. Motion carried by unanimous vote. Mr. Harville announced that case R-09-002 had been rezoned to A-1. Public Hearings Proposed Moving of the Sandy Level Voting Precinct-The public hearing for this case opened at 7:40pm. Mr. Sleeper explained the Board of Supervisors of Pittsylvania County voted on December 16, 2008 at their adjourned meeting to hold a public hearing for citizen input on the proposal to move the Sandy Level voting precinct, with the intent to move the precinct from the Cool Branch Volunteer Rescue Squad, located at 3060 Smith Mountain Road, Penhook, Virginia to the Sandy Level Baptist Church located at 10845 W. Gretna Road, Sandy Level, Virginia, amending Section 8.-7 of the Pittsylvania County Code. Mr. Sleeper further explained the move was for the convenience of the voters of that precinct area, since the church would be more centrally located than the Cool Branch Volunteer Rescue Squad. The first person to speak was Brenda Arthur, of the local Electoral Board, who made the following comments for the Board's consideration: 1. It would cost the County over $700 in precinct change notifications and, 2. Any precinct change, according to the Code of Virginia, would have to be made prior to February 1, 2009 and no further precinct changes could be made until after 2011. The second person to speak was Jenny Lee Sanders, Registrar for the County of Pittsylvania. Adjourned Meeting January 20, 2009 Ms. Sanders opposed the move, stating that in the past, it had never worked out for very long having voting precincts held in churches and that as far as for driving distances that Pittsylvania County was a uniquely large county and everyone had to drive a distance to vote. Ms. DeAnna Owen, of the Callands-Gretna District spoke next, in support of the move. Last to speak was Mr. Tony Fox, of the Callands-Gretna District and a member of the Sandy Level Baptist Church. He stated that he was present in the church when the congregation voted to offer holding the Sandy Level Voting Precinct in their church. However, the church was not aware that once it became a precinct and for whatever reason, it did not work out being held there, that the church could not withdrawn its offer until after 2011. He asked if the Board could postpone voting until he could inform the church congregation. Ms. Arthur and Ms. Sanders both reminded the Board that because of the timing and the Board not meeting again until after February 1 that a decision would need to be reached that evening. No one else signed up to speak. Mr. Harville closed the public hearing at 8:01 pm. After discussion from Mr. Ingram that the church was handicapped accessible, the parking lot sufficient and that the church has been very receptive to having the voting precinct moved there, Mr. Ingram made a motion, seconded by Mr. Ecker, to move the Sandy Level Voting Precinct from the Cool Branch Volunteer Rescue Squad to the Sandy Level Baptist Church. The following roll call vote was recorded: Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett - Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote. Mr. Harville announced that the voting precinct for Sandy Level had been moved to the Sandy Level Baptist Church. Proposed Transfer of Property to the Town of Gretna- Mr. Sleeper stated the Board of Supervisors of Pittsylvania County voted on December 16, 2008 to hold a public hearing to receive citizen input on the proposed transfer of property; the Gretna Industrial Park, transferring Fee Simple Title Property, to the Town of Gretna. Mr. Sleeper then stated that since the Gretna Industrial Park is also tied to the boundary adjustment public hearing, he did not know if the Board needed to vote since the only criteria presently needed to be met was holding the public hearing. The Board will hold another public hearing for the boundary adjustment, that will identify the industrial park property as well and be a joint public hearing with the Town of Gretna and a joint public hearing notice. Mr. Harville opened the public hearing at 8:06 pm. The only person to speak was Tony Fox, of the Gretna-Callands District, who opposed the transfer. Mr. Harville closed the public hearing at 8:06pm. No action was taken by the Board. Unfinished Business Mr. Sleeper stated a motion was made by Mr. Ecker at the January 5, 2009 meeting of the Pittsylvania County Board of Supervisors and prior to the Board approving its by-laws, a proposal was made to change the by-laws to limit the terms of the Chairman of the Board to one 1-year term in every four years. In addition, due to changes under the Virginia State Code under Notification of Meeting, it is recommended the Board amend their by-laws to mirror the State Code requirements of meeting notification. Because the second proposal concerning notification is an item additional to the original proposal of January 5, 2009, it would require the Board to vote separately from the term of chairmanship limitation proposal and require a 10-day layover. Mr. Adjourned Meeting January 20, 2009 Ecker submitted a list of 57 names of citizens who were unable to attend the board meeting that were in support of the proposal to limit the chairmanship term and also noted that after asking them to stand, several members of the audience in the courtroom were also in support of the term limitation. The following roll call vote was recorded: Mr. Ingram -Yes, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett - No, Mr. Davis - Yes, Mr. Ecker -Yes and Mr. Harville- No. Mr. Ecker's motion failed by a 4 to 3 vote in opposition of amending the by-laws. Motion was made by Mr. Davis and seconded by Mr. Snead to approve omitting the current 5 day notice of meeting from Section 2.9 of the Board's by-laws. A 10-day layover was required before action could be taken. New Business Mr. Sleeper asked that item 13 under New Business, in which Teresa Easley was to address the Board on several topics related to her department, be struck from the agenda since Ms. Easley was unable to attend the meeting. Mr. Gerald Todt, Director for the Pittsylvania County Social Services, addressed the Board. He stated at as of January 31, 2009, he would be officially retired and then introduced Sherry Flanagan, who would be replacing him as director. Mr. Todt also spoke to the Board briefly concerning the FY2009-2010 Budget year. Ms. Flanagan told the Board she looked forward to serving the citizens of Pittsylvania County in her new role as director and working with the Board. Mr. Pritchett commended and congratulated Mr. Todt and asked that a resolution be made in honor of Mr. Todt's service to the community and the County. Mr. Sleeper explained to the Board that during an inspection of the Virginia Department of Environmental Quality (DEQ), an area was discovered that appeared to be wet and possibly be releasing leachate. County staff, working with Dewberry of Danville and the DEQ, determined that one of the leachate pumps, very similar to a submergible well pump, and is approximately 80 feet below the trash, was not properly working. Using meter equipment such as an amp probe, it was determined the pump was running but the propellers had deteriorated through corrosion and effectively rendered the pump useless. Since that time, the County had met with the DEQ on several occasions in Lynchburg, re-installed a new pump with sensory devices that will show not only ampage but flow in the system to assure that the leachate is being extracted and removed from the cell. Due to the fact that wetness was found on the ground during the initial inspection, the DEQ directed the County to enter into a Consent Order and amend its operation plan with the new requirements concerning leachate extraction and pay a fine of $1300 to the DEQ. The County has already implemented everything required in the Consent Order, save paying the fine, which required the Board's approval. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve entering into the Consent Order with the DEQ and paying the $1300 fine. The Board unanimously approved Mr. Snead's motion. Adjourned Meeting January 20, 2009 Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve a contract agreement for Internet access service cost, hosted by the City of Danville and authorize cost of $1,312.80 for the 2009-2010 year, and authorize the County Administrator or Scott Budd, Director of Information Technology to sign the access service agreement with the City of Danville. Mr. Snead's motion was unanimously approved by the Board of Supervisors. Motion was made by Mr. Ecker, seconded by Mr. Davis, to approve a resolution submitted by the Pittsylvania County Economic Development, Inc. (PLED) Board to hire the current executive director of PCED, Carol Motley, on a part-time, hourly bases in order to provide the necessary service for economic development during the interim that the County will be advertising, interviewing and selecting a new Director of Economic Development. Mr. Snead asked what would the hourly fee be and was told it would be $35 per hour. Mr. Harville was not in favor of this motion and asked Mr. Sleeper if he would be able to handle any economic development business that occurred during the interim of hiring a Director of Economic Development to the County's staff. Mr. Ecker stated that Mr. Sleeper already had many responsibilities that required his attention and that the transition of PCED closing and the County beginning its own economic development department would be much smoother if Ms. Motley was hired part-time as Interim Director, since she is familiar with all the present economic development projects. Both Mr. Harville and Mr. Snead asked Mr. Sleeper if he could handle any economic development business for a couple of months until the new director is hired. Mr. Sleeper acknowledged he could do it for a couple of months. The following vote was recorded: Mr. Ingram - No, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. Mr. Ecker's motion failed in a 3-4 vote opposing PCED's resolution to retain Ms. Motley as interim director of economic development. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to amend the contract with Warrco, Inc. Construction to install a waterline that will service the Woodbriar Land Subdivision off the Ringgold Waterline extension in the amount of $37,408.40 and authorize the County Administrator to sign all necessary documentation pending review by Legal Counsel. Funding was already available in the budget to pay for this amendment. Mr. Pritchett's motion was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to approve a contract in the amount of $179,984 to MCC Acquisition, LLC d/b/a Virginia Carolina Paving for the Lakeside Driver Sanitary Sewer project and authorizes the County Administrator to sign all necessary documents pending review by Legal Counsel. Mr. Pritchett's motion was unanimously approved by the Board. Added Items Motion was made by Mr. Barber, seconded by Mr. Snead, to approve Resolution 2009-01-01 for the Brosville Volunteer Fire Department to enter into a financial Adjourned Meeting January 20, 2009 agreement for financing on a tax exempt basis. Mr. Barber's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-01-01 WHEREAS, the Pittsylvania County Board of Supervisors under the United States Internal Revenue Code receives a $10-million dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the Board of Supervisors; and WHEREAS, the Brosville Community Volunteer Fire Department is an authorized Volunteer Fire Department identified in Section 31-2.1 of the Pittsylvania County Code 1950, as amended, authorizing them to participate in financing on tax exempt status for equipment utilized by the Volunteer Fire Department for public use; and WHEREAS, the Brosville Community Volunteer Fire Department has held a public hearing September 15, 2008 on the tax-exempt financing after publishing the required notice by code; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County hereby approve the Brosville Community Volunteer Fire Department entering into a financial agreement as required under the United States Internal Revenue Code for financing to be carried out on a tax exempt basis in the amount not to exceed $160,000 for a used 2002 - E-1 Fire Truck; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Brosville Community Volunteer Fire Department in order to supplement their financing requirements. Given under my hand this 20`h day of January 2009. Mr. Harville asked that a resolution be drafted for and ready to present John L. Hurt Elementary School for being selected to receive the 2009 Governor's Award for Educational Excellence at the February 2, 2009 Board of Supervisors meeting. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve an outsourcing contract with Fairway, who will pay the County $600 per year or 20% of proceeds over $600 guaranteed from being able to continue placing a large outdoor advertisement sign at the Blair's compactor site. Motion passed by unanimous vote. Mr. Davis pointed out that no one had been appointed to serve this year on the Tri-County AEP Re-licensing Committee (TCRC). Mr. Harville asked if Mr. Davis and Mr. Ingram would like to continue serving on that committee. Both responded that they would continue serving on the TCRC. Adjourned Meeting January 20, 2009 Motion was made by Mr. Barber, seconded by Mr. Pritchett, to enter into Closed Session on the following issues: (a) §2.2-3711 (A) (5) of the Code of Virginia, (b) §2.2-3711 (A) (3) of the Code of Virginia, §2.2-3711 (A) (6) of the Code of Virginia, §2.2-3711 (A) (7) of the Code of Virginia, The Board voted unanimously to enter Closed Session. The Board returned to Open Session at 10:25 pm. 1950, as amended. 1950, as amended. 1950, as amended. 1950, as amended Closed Session began at 8:40pm. The following certification resolution was read and approved by the following roll call vote: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the adjourned meeting of the Pittsylvania County Board of Supervisors on January 20, 2009, 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 Fred Ingram Yes Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Henry A. "Hank" Davis, Jr. Yes Marshall Ecker Yes Coy E. Harville Yes Motion was made by Mr. Snead, seconded by Mr. Barber to approve both performance agreements for Donnachaidh, LLC and to ratify the action of the Chairman and to execute those agreements. The Board unanimously approved Mr. Barber's motion. Motion was made by Mr. Barber, seconded by Mr. Pritchett, to authorize the County Administrator to prepare and submit a Tobacco Opportunity application for Adjourned Meeting January 20, 2009 $300,000 for the benefit of an unnamed industry, at this point coded name "Energy Storage". The Board unanimously approved Mr. Barber's motion. After the vote, Mr. Ingram went on record to say that he did not agree with the motion, but was standing by his vote approving Mr. Barber's motion. Reports from Board Members Mr. Ingram asked that a Fire & Rescue Committee meeting be set. Mr. Sleeper stated that he was asked to attend a meeting of the Fire & Rescue Association the following evening and that after that meeting, he would report to Mr. Ingram what was covered and set a committee meeting agreeable with the members. Mr. Barber asked Mr. Davis if he was still the Chairman of the Solid Waste Committee and Mr. Davis answered that he was. Mr. Barber then asked for a Solid Waste Committee meeting to be held and Mr. Davis said there would be one held sometime in February. Mr. Barber also asked everyone to keep the new President in the prayers as he has a hard task ahead of him. Mr. Snead offered to help Mr. Sleeper and Greg Sides, Director of Planning, in any way possible concerning any economic development matters that occurred during the interim until a director for economic development was hired. Mr. Pritchett inquired of a Liaison Committee needed to meet and was told it was not an immediate need. Mr. Ecker reminded everyone of the County Employees Service Ceremony on Thursday, January 22, 2009, at 3pm in the General District Courtroom. Mr. Harville read athank-you card from Deputy Clerk, Rebecca Flippen and family for the cards, phone calls, flowers and sympathy shown during the passing of her father-in-law, Frank M. Flippen, Sr. He also read athank-you card from Betty Bryant, of e911 Emergency Management, who also thanked the Board and staff for their support, flowers and call of inquiry during her illness. Mr. Harville then asked that the Board hold a Work Session on Tuesday, February 17, 2009, at 3pm on the stimulus package on priorities and the Board's input on those priorities. Mr. Harville also directed Mr. Sleeper to arrange a meeting between the Board of Supervisors and the Industrial Development Authority (IDA) in February. Mr. Barber asked for a copy of the IDA by-laws. Mr. Harville stated a report from the Virginia Department of Transportation (VDOT) said in 2008, VDOT pickup 1037 dead deer along the County's highways and that the report was broken down by districts if any of the other supervisors wished to view it. Motion was made by Mr. Snead, seconded by Mr. Barber, to adjourn the meeting. Mr. Snead's motion was passed unanimously by the Board. Adjourned Meeting January 20, 2009 The meeting adjourned at 10:40pm.