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02-02-2009 BOS Regular MeetingRegular Meeting February 2, 2009 Pittsylvania County Board of Supervisors Monday, February 2, 2009 Regular Meeting VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, February 2, 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 7:01 p.m. The following members were present: Fred Ingram Callands-Gretna District Tim R. Barber Tunstall District James Snead Dan River District William H. Pritchett Banister District Henry A. Davis, Jr. Chatham-Blairs District Marshall Ecker Staunton River District Coy E. Harville Westover District Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel and Ms. Rebecca Flippen, Deputy Clerk were also present. Mr. Ingram gave the invocation and led the pledge of allegiance. Items to be added The following were items to be added: a) Award Contract -New Compactor Site on SR 839, W.I. Powell Road b) State Criminal Alien Assistance Program (SCRAP) Appropriation c) Comprehensive Economic Development Strategy (CEDS) Projects d) Resolution -Clara Stone Burch Tucker - 100 year old citizen e) Amendment to draft minutes f) Recommendations from Finance Committee Motion was made by Mr. Davis, seconded by Mr. Ecker, to approve the agenda, with the additional items, but to address amendment to the draft minutes separately. Mr. Snead made a substitute motion, seconded by Mr. Pritchett, approve the added items to the agenda and the current agenda with the removal of Item #10- Uranium Mining Study, from the agenda for lack of information. The substitute motion was voted on first and the following vote was recorded: Mr. Ingram-no; Mr. Barber -yes, Mr. Snead -yes; Mr. Pritchett- yes, Mr. Davis-no, Mr. Ecker - no, Mr. Harville- yes. The substitute motion passed by a 4 to 3 vote, with the exception that no items could be added since it was not a unanimous vote. Hearing of the Citizens Mr. Harville asked if there were any citizens present who wished to speak on an item not listed on the agenda. Mr. Frank Benson III, from the Callands-Gretna District, spoke to the Board in opposition of uranium mining. Mr. Steve Worley was signed up to Regular Meeting February 2, 2009 speak but chose to pass. Mr. Daron Lollis of the Westover District, stated he thought salary cuts should start at the top and work their way down and all new developments and projects should be put on hold. Mr. Greg Vickkery of the Chatham-Blairs District was the next speaker with comments in opposition of uranium mining. The last citizen to speak was Eloise Nenon of the Chatham-Blairs District with information concerning other areas of the world with larger uranium deposits than Pittsylvania County and ended her comments with potential health hazards in some areas of the world that had been mined for uranium and asked the Board to protect the citizens from those kinds of potential health hazards. This concluded the hearing of the citizens. Mr. Harville, Mr. Pritchett, and the Board presented Resolution 2009-02-03 to the grandson and niece of Ms. Melcie B. Jones, honoring her reaching 100 years of age. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-02-03 WHEREAS, Melcie B. Jones was born in Pittsylvania County, Virginia, on January 29, 1909; and WHEREAS, Mrs. Melcie B. Jones was born, raised and resided in the Sutherlin community until September 2, 2007 before moving to the Berry Hill Rehabilitation Center in South Boston, Virginia; and WHEREAS, Melcie B. Jones is retired from Lorillard and Dibrell Tobacco Company, drove until the age of 95 years, and for years served as a taxi for the Sutherlin community; and WHEREAS, being a devoted member of the Hackberry Baptist Church since the age of 19, where Mrs. Melcie B. Jones taught Sunday school, lead the church in the Sunny Side Baptist Union, served on the Usher Board and many other positions over the years, and having a mission to visit the sick no matter how far she had to travel; and WHEREAS, her husband, Wilmon, and son, Willie, preceded her in death and Melcie B. Jones is the lone survivor of her eight siblings, two of which lived past the age of 100 years; and. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere congratulations to Melcie B. Jones as she has reached her 100th year milestone on January 29, 2009; and BE IT FURTHER RESOLVED, that the Board of Supervisors directs that a copy of this resolution be presented to Melcie B. Jones on the behalf of the Board and the Citizens of Pittsylvania County. Given under my hand this 2nd day of February, 2009. Regular Meeting February 2, 2009 Mr. Harville, Mr. Ingram, Mr. Ecker and the Board presented Resolution 2009- 02-01 to Ms. Vickie Murphy, Principal of the John L. Hurt Elementary School in honor of the school receiving the Governor's Award for Education Excellence for the second straight year. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-02-01 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, February 2, 2009, the following resolution was presented and adopted congratulating John L. Hurt Elementary for receiving the Governor's Award for Education Excellence: WHEREAS, the Governor of the Commonwealth of Virginia, the Honorable Timothy M. Kane, challenged Virginia's public schools and school divisions to exceed the minimum requirements for learning and achievement of the Commonwealth's rigorous Standards of Learning program; and WHEREAS, the Virginia Index of Performance (VIP) program awards points to schools and divisions based on the percentage of students achieving at the advanced level on Standards of Learning assessments and progress made toward education goals advocated by Governor Kaine and adopted by the Board of Education as part of its comprehensive plan to further strengthening public education; and WHEREAS, the Governor's Award for Education Excellence is the highest honor under a new incentive program for schools and divisions created by the Board of Education to advance Governor Kaine's "competence to excellence" agenda and must meet all state and federal benchmarks for at least two years consecutive and meet Governor Kaine's goals for achievement in reading and other performance measures; and WHEREAS, John L. Hurt was one of 162 schools to meet the benchmarks to receive the Governor's Award of Education Excellence, demonstrating the commitment of educators and students at John L. Hurt Elementary School; and WHEREAS, this is the second year in a row that John L. Hurt Elementary School as received the Governor's Award for Educational Excellence; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration, and congratulations to John L. Hurt Elementary School for their dedication and achievement of academic excellence and of their attaining the Governor's Award for Educational Excellence; and Regular Meeting February 2, 2009 BE IT FURTHER RESOLVED, the copy of this Resolution be presented to John L. Hurt Elementary School. Given under my hand this 2nd day of February, 2009 Consent Agenda (a) Minutes: January 5, 2009, Regular Meeting January 20, 2009, Adjourned Meeting (b) Bill List: January 2009 (c) Resolution -John L. Hurt Elementary School (d) Resolution -Berkley Waller 100th Birthday (e) Resolution - Melcie B. Jones 100th Birthday (f) Ratify Resolution -Gerald Todt (g) Ratify Contract Amendment -Chatham Depot (h) Project Lifesaver (i) Fire & Rescue United Way (j) Proclamation -Black History Month Mr. Harville asked if there was anything that needed to be added to the consent agenda. Mr. Sleeper stated he had some corrections to the draft minutes on the Consent Agenda, which were: (a) January 5, 2009 Minutes-Page 13 of the Board Packet, included in the section "Set Day and Time of Regular Meeting" should include Mr. Snead's motion, seconded by Mr. Ingram, that the Board of Supervisors meetings would continue to be held on the first Monday and third Tuesday each month, at 7:OOpm, in the General District Courtroom and that Mr. Snead's motion was unanimously approved by the Board. (b) January 20, 2009 Minutes-Page 21 of the Board Packet, paragraph 3, sentence 4, under New Business, the word "rampage" should be "ampage". (c) January 20, 2009 Minutes-Page 22 of the Board Packet, paragraph 4; Mr. Pritchett's motion should read as: 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. (d) January 20, 2009 Minutes-Page 23, paragraph second paragraph following Resolution 2009-01-01, Mr. Snead's motion should read as: 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. (e) January 20, 2009 Minutes-Page 23, the last paragraph, should read as: 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. Regular Meeting February 2, 2009 (f) January 20, 2009 Minutes- Page 24-the Board's returning to Open Session at 10:25pm should be listed in the minutes prior to the Closed Meeting Certification. Added to these corrects were Mr. Harville's earlier mention of a correction the Case l: Richard Holbrook -R-09-001, from the January 20, 2009 Public Hearings that case R-09- 001 had been rezoned from R-1 to M-1. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the Consent agenda, with the corrections to the draft minutes. Unfinished Business At the adjourned meeting on January 20, 2009, motion was made by Mr. Davis, seconded by Mr. Snead, to approve a proposal to amend the Boards By-Laws by omitting the five day notice, making the By-Laws consistent with the Code of Virginia. Mr. Snead's motion required a 10-day layover prior to voting. 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, Mr. Harville- yes. The Board unanimously voted to amend Section 2.9 of their By-Laws and omit the 5 day notice for special meetings in order to be consistent with the Code of Virginia. New Business Mr. Sleeper explained the Pittsylvania County Department of Emergency Management applied for a Citizen's Alert System (Reverse 911) grant and that in October 2008, the Commonwealth of Virginia Department of Emergency Management had awarded the County's emergency management department with a $50,000 grant. The County's Emergency Management Department will utilize an emergency citizen notification that is a hosted off-site solution with 21st Century Communications. 21S` Century Communications System is astate-of--the art, comprehensive, notification system designed to deliver high speed, high-volume, targeted messages to select groups of geographic areas. The system is designed for public alerting applications as well as for internal uses such as staff notification, interdepartmental communications, continuity of operations, and responder mobilization. 21S` Century will provide apublic-facing website in order for the citizens to specify alternate calling preferences, such as a cell phone, VoIP, or Telecommunications Device for the Deaf (TDD), allowing Pittsylvania County to notify its audience in the preferred manner. Each Township will also be able to use the system to notify their citizens of town emergencies. Twenty First Century Communications, Inc is a Federal GSA Contractor #GS-35F-O110P. Pricing information is on the attached sheet. The grant will pay for two years of annual maintenance with additional years being budgeted accordingly. Mr. Sleeper stated the contract was in the amount of $48,564 and recommended to the Board that give approval for the County Administrator to issue the contract; however, with the advice of Legal Counsel, there are 2 items on page 186 of the Board, in the Indemnification Clause of the contract, under 7.c and 8.d that would change such that is says the Commonwealth of Virginia and Pittsylvania County General District Court, but the County is proposing to 21st Century Communications that the Indemnification be removed. At this time, Mr. Sleeper said, he is not sure if they will agree or not, but if the Board will approve with those Regular Meeting February 2, 2009 contingencies, the County can move forward with the contract. Mr. Snead made a motion, seconded by Mr. Barber, to award the contract, with the contingencies stated by Mr. Sleeper, to 21st Century Communications, in the amount of $48,564 and authorize the County Administrator to sign all necessary documents. The Board voted unanimously to approve Mr. Snead's motion. Motion was made by Mr. Davis, seconded by Mr. Ingram, to change the language in the Fire & Rescue Policy and Procedures to reflect the increase in funding for fire apparatus from $85,000 to $100,000 and to disburse the amount to Blairs, VFD, Gretna VFD, and Mt. Hermon VFD and that the language in the Policy and Procedures enable Fire agencies that provide EMS transport to use their combined capital funding at their discretion when purchasing fire to EMS equipment and that the capital funding may be used for debt service on station or squad construction loans. Mr. Sleeper stated the funding was already in this year's and next year's budgets. The Board unanimously approved Mr. Davis's motion. Mr. Sleeper stated that Item #11 was a list of expenditure refunds for the months of December, 2008 and January, 2009 for review of the Board. He further stated that in order to state in balance with the Treasurer, the Board need to re-appropriate refunds into the budget so the budget would increase with every expenditure refund. Mr. Pritchett made a motion, seconded by Mr. Barber, to re-appropriate the expenditure refunds for December 2008 and January 2009, that was a combined total of $13,695.67. The Board voted unanimously to approve Mr. Pritchett's motion. Motion was made by Mr. Barber, seconded by Mr. Snead, to award a contract to Dewberry of Danville in the amount of $3,500, to assist the County in the technical specifications needed to certify and assure the replacement of the cooling towers for the Courthouse Complex and authorize the County Administrator to sign all necessary documents. The Board of Supervisors voted unanimously to approve Mr. Barber's motion. Mr. Sleeper explained that the County has worked with over a year with legal counsel on the Hither Lane project. The problem has been there was approximately 186 feet of road that was not dedicated to the County for them to turn over to VDOT for improvement. The County has unsuccessfully gone through the process of trying to find title to the property and one owner has refused to sign. Legal counsel recommended that the Board has no alternative but condemnation and over the history of the last 20 years of the Board, they have never voted to condemn for rural additions because it would open up hundreds to be brought before the Board. Mr. Davis made a motion, seconded by Mr. Ingram, to condemn the property, because there were 8 to 10 homes on that road and the State would like to take over that road. The following vote was recorded: Mr. Ingram- no; Mr. Barber - no, Mr. Snead - no; Mr. Pritchett- no, Mr. Davis-yes, Mr. Ecker - no, Mr. Harville- no. Mr. Davis's motion failed by a 6 to 1 vote of the Board. Teresa Easley, Treasurer of Pittsylvania County, asked the Board to consider the following recommendations from her office: Regular Meeting February 2, 2009 1) Dog Tags: Ms. Easley asked the board to consider going to a 3 year tag for all dogs with the exception of kennel licenses. The rabies vaccination is good fora 3 year period and many pet owners have expressed much interest in having a three year tag which would relieve them from having to come to the treasurer's office or mail in for the tag each year. It would be a time saving factor for treasurer's staff as well. It would be up to the dog owner to make sure their pet's vaccination is always current and has not expired in order to keep the 3 year license valid. 2) Ordinance or Resolution: Currently the Treasurer's office charges an administrative fee of $30.00 on each parcel that is given to the law office of Sands, Anderson, Marks & Miller for collection or sale of property. Jim Cornwell, a partner with the law firm, says the Treasurer should have an ordinance or resolution by the board to charge this fee. The statute says, "the governing body of any county, city or town may impose'; it does not say that it must be by ordinance although that would be the preferable way. The best thing to do is have the Board of Supervisors amend the ordinance to specifically impose the admin fees. Second best would be to have the Board of Supervisors adopt a resolution. Mr. Light recommended an ordinance change on this particular item and to hold a public hearing for the proposed ordinance change. 3) Permit to Move Mobile Home: Right now the mortgage companies and/or financial institutes that hold liens on mobile homes/double-wider have the ability to come onto a property and physically remove the mobile home when it goes into foreclosure. Once the unit is moved it becomes almost impossible to get the mortgage company to pay delinquent taxes that may be due on the unit. The county did at one time require a permit in order to move mobile homes. The Treasurer's office would like to see an ordinance adopted whereby no mobile home or double-wide can be lawfully removed until all county taxes are paid and a permit to move is purchased. Furthermore, Ms. Easley said she would like to see a permit required not just on foreclosed mobile homes, but all mobile homes moved in Pittsylvania County. She felt that in working with VDOT that when a Special Permit comes in from VDOT to move a mobile home, that when VDOT sends the mover to Building Inspections to apply for the special permit, that Building Inspections send the mover to the Treasurer's office to get verification that all personal property taxes have been paid, then back to Building Inspections for the special permit, which was at one time in effect and cost $25. Ms. Easley stated then the County would be collecting any personal property tax that may be owed on that mobile home and the County would be collecting the $25 fee for the use of the County's highways for moving any mobile home through Pittsylvania County. Mr. Harville directed that Ms. Easley, Mr. Sleeper and Mr. Light to put together draft ordinances for the Board to review before any public hearings could be set. Mr. Harville also thanked Ms. Easley for her input and efforts on these issues. Regular Meeting February 2, 2009 Appointments Mr. Davis made a motion, seconded by Mr. Ingram, to appoint Mr. Marshall Ecker as the Staunton River District representative to the Pittsylvania County Service Authority. The Board unanimously approved Mr. Davis's motion. Mr. Ingram made a motion, seconded by Mr. Barber, to re-appoint Mr. John Lindsey to the Tri-County Lake Administrative Commission (TLAC). The Board unanimously approved Mr. Ingram's motion. Reports from Board Members Mr. Ecker stated he received an email from Delegate Don Merricks concerning House Bill 2583, restricting local government investment pool assets and that the bill would restrict the investment to 10% and Delegate Merricks recommended everyone to contact their representatives that they do not want this restriction. Mr. Sleeper reminded everyone that there was a Work Session scheduled at 3:OOpm on Tuesday, February 17, 2009. Motion was made by Mr. Davis, seconded by Mr. Ecker, to adjourn. The meeting adjourned at 8:05 p. m.