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04-06-2009 BOS Regular MeetingRegular Meeting April 6, 2009 Pittsylvania County Board of Supervisors Monday, Apri16, 2009 Regular Meeting VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, April 6, 2009 in the Pittsylvania County Cultural Center at 39 Bank Street in Chatham, Virginia. Coy E. Harville, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Fred Ingram Tim R. Barber James Snead William H. Pritchett Henry A. Davis, Jr. Marshall 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, Mr. John P. Light, Legal Counsel and Ms. Rebecca Flippen, Deputy Clerk, were also present. Mr. Pritchett gave the invocation and Pledge of Allegiance. Items to be added The following were items to be added: a) Memorandum of Understanding -Virginia Cooperation Extension and Pittsylvania County b) Dewberry Contract Amendment -Landfill c) Dewberry Contract Amendment -Gretna Industrial Park d) Re-organizational Plan -County Landfill e) Road Name Additions -River Way Drive and Rivertree Drive f) Recommendations from the Agricultural Development Committee on the Land Use Ordinance g) Recommendations from Finance Committee on the Annual Budget Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve the agenda, with the added items. Mr. Snead's motion was unanimously approved by the Board of Supervisors. Hearing of the Citizens The first person to speak was Kathy Buck, of the Callands-Gretna District and is president of the Pittsylvania Education Association asked the Board to support the Pittsylvania County School Budget as submitted and keep school programs in place. Deborah Dix of the Chatham-Blairs District, made comments opposing uranium mining and concerns of potential contaminated water if uranium mining occurred in Pittsylvania County. The third speaker was Richard Shumate, Jr., of the Westover District, who introduced his neighbor, John Fawn and commended Mr. Fawn for his personal efforts in cleaning up litter along the sides of his and Mr. Shumate's street while taking his daily walk. Mr. Fawn then spoke to the Board and audience on how litter along sides of the road, particularly aluminum drink cans, helped incubate mosquito larvae and increase their numbers. Mr. Fawn encouraged everyone work in their Regular Meeting Apri16, 2009 own areas in helping keep litter picked up. Mr. Harville also commended Mr. Fawn on his personal efforts for doing his part for the betterment of his community. Debbie Sparks, of the Callands-Gretna District, spoke next on the following items: she offered her support on Mr. Ecker's litter control ordinance efforts; asked if inmates could be used to help pick up litter along the roadsides; questioned on the number of county owned cars used on a fulltime basis by the County and School Board/employees; that all Pittsylvania County Board members needed to start using their laptops and rely less on printed materials; she didn't feel any of the current board members were responsible for the problems with the local economy-the ground basis for that was laid years ago but what this board needs is the ability to work together and build a future for the citizens to want to work and live in. Allen Gross, of the Banister District, was the fifth speaker. He thanked Mr. Ecker, Mr. Davis and Mr. Ingram for trying to protect the citizens in Pittsylvania County and opposed the remaining Board members not supporting Mr. Davis's second uranium resolution. Tim Carpenter of the Westover District made comments on the importance of not littering and how more important than the proposed fine increase under the County's Chapter 33 Ordinance is to build education and awareness within the community on how litter affects the quality of life. The last speaker was Lindsay Bowman of the Chatham-Blairs District and the current Miss Danville-Pittsylvania County. Ms. Bowman updated the Board on her year thus far in representing Danville and Pittsylvania County and asked for their support in her upcoming Miss Virginia Pageant in June of this year. This concluded the Hearing of the Citizens Consent Agenda (a) Minutes: March 2. 2009, Regular Meeting March 17, 2009, Adjourned Meeting March 30, 2009, Adjourned Meeting (b) Bill List: March 2009 (c) Proclamation for April 17th as "Averett Day" (d) Proclamation for National Public Safety Telecommunications Week; April 12-18, 2009 (e) Proclamation for National Volunteer Week; April 19-25, 2009 (f) Proclamation for National Volunteer Week; May 3-9, 2009 (g) Resolution 2009-04-02 for Dan River High School Basketball Team (h) Resolution 2009-04-03 for Children at Play sign for Greenfarm Road (i) Resolution 2009-04-01 Opposing Additional Withdrawal of Water from the Roanoke and Dan River Basin (j) Budget Amendment -Opportunity on Line Grant (k) Transfer Funds for Property Purchase -Landfill (i) Ratify Fairway Advertisement Lease Mr. Ingram made a motion to approve the Consent Agenda. Mr. Light asked that an amendment be made to the March 17, 2009 meeting, as follows: On page 37, first paragraph, should read applications made on the behalf of The RIFA, which means regardless of who applies for the grants, both the Ciry of Danville and Pittsylvania County would equally pay back funds received, subject to annual appropriations, when an industry defaults on its obligations under a Tobacco Region Opportunity Fund Performance Agreement (TROF Performance Agreement) and authorize the Chairman of the Board or the County Administrator to sign on behalf of Pittsylvania County. Mr. Harville asked Mr. Ingram if he wished to amend his motion to include Mr. Light's Regular Meeting Apri16, 2009 amendment to the March 17, 2009 minutes and Mr. Ingram stated that he did. Mr. Barber seconded Mr. Ingram's motion. The Board unanimously approved the Consent Agenda. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-04-01 WHEREAS, the citizens of Pittsylvania County want and deserve access to fresh water for good health and for recreational opportunities, and are lucky to live within the Dan/Roanoke River basin area which provides both; and WHEREAS, the natural and cultural resources of our basin include the entire river system and its drainage area, including surface and ground water supplies; and WHEREAS, the withdrawal of surface or ground water to supply out-of--basin uses permanently removes water from the Dan River as part of the Roanoke River basin; and WHEREAS, permanent removal of surface or ground water from the basin reduces water supplies available to serve existing and future residential, commercial, industrial, agricultural, and recreational uses within the basin; and WHEREAS, permanent loss of water from the river basin creates negative economic impacts, including negative environmental, recreational, cultural, and aesthetic impacts; and WHEREAS, the communities of the Dan/Roanoke River basin must preserve existing water resources of the basin to meet their current demands and to ensure availability to support future economic growth within the basin; then THEREFORE, BE IT HEREBY RESOLVED, on this 6`" day of April 2009, that the Pittsylvania County Board of Supervisors is opposed to the transfer of ground or surface water from the Dan/Roanoke River basin to support uses outside the watershed of the Dan/Roanoke River and any of its tributary streams and rivers. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-04-03 WHEREAS, the 1997 session of the General Assembly amended the Code of Virginia with the addition of Section 33.1-210.2 which allows the installation of "Watch for Children" signs; and WHEREAS, the Pittsylvania County Board of Supervisors has received a request from the residents of Greenfarm Road (State Road 719) in the Dan River District/Banister District, for the installation of these signs; and WHEREAS, a review of this area indicates that it meets the criteria set forth by the Virginia Department of Transportation, Regular Meeting Apri16, 2009 NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby request the Commissioner of the Virginia Department of Transportation to use funds from the Secondary Construction Budget to install "Watch for Children" signs at the above noted location. Mr. Harville, Mr. Snead and Mr. Pritchett presented, on behalf of the entire board and the citizens of Pittsylvania County, Resolution 2009-04-02, commending the Dan River High School Boys Basketball Team for their outstanding season. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-04-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, April 6, 2009, the following resolution was presented and adopted congratulating the Dan River Boys High School Basketball Team on their successful 2009 Season, winning the Dogwood District Title and Runner-Up to the Virginia State Championship for Group A Division 2 High School: WHEREAS, the 2009 Dan River Boys High School Basketball Team had a winning season; and WHEREAS, the Dan River Boys High School Basketball Team, after completing a winning season, went on to win the District Championship for the Dogwood District; and WHEREAS, the Dan River Boys High School Basketball Team exhibited exemplary sportsmanship and talent as they defeated their opponents in the Dogwood District; and WHEREAS, the Dan River Boys High School Basketball Team has performed admirably throughout their winning season of 2009, bringing recognition, not only to themselves but to their school and to their County and its citizens; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors on the behalf of all the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to the Dan River Boys High School Basketball Team 2009 for their winning season in bringing the Dogwood District Title to Pittsylvania County and for becoming the Runner-up in the Virginia State Championship for the Group A Division 2 High School Basketball Title; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Coach and the Members of the 2009 Dan River Boys High School Wildcats Basketball Team. Public Hearing Mr. Sleeper explained the proposed amendments to the Pittsylvania County Code, Chapter 33 -Litter Control Ordinance, Article II, Section 1(b) and Section 2 (b)-Littering Prohibited were to bring the County ordinance into compliance with §33.1-346 of the Code of Virginia, 1950, as amended, specifically increasing the fines for littering from $25-$500 and no more than 30 days in jail to $25-$2,500 and/or up to 12 months in jail. Mr. Harville opened the public hearing at Regular Meeting April 6, 2009 7:46pm. The following citizens spoke in favor of the proposed amendments to Chapter 33: Sandra Osbourne-Staunton River District, Gerry Capraris- Staunton River District, Morgan Allen- Staunton River District, Terry Marr-Staunton River District; Jacques Fuhrmann -Staunton River District, Richard Shumate, Jr.-Westover District Ross Johnson -Callands-Gretna District, Sue Poe- Staunton River District, Dickie Green-Dan River District and Willie Fitzgerald-Callands-Gretna District. Mr. Harville closed the public hearing at 8:09pm. Motion was made by Mr. Ecker, seconded by Mr. Davis to adopted the proposed amendment changes to the Pittsylvania County Code, Chapter 33-Litter Control Ordinance, Article II, Section 1(b)and Section 2 (b), bringing it into compliance with §33.1-346 of the Code of Virginia, 1950, as amended, specifically increasing the fines for littering from $25-$500 and no more than 30 days in jail to $25-$2,500 and/or up to 12 months in jail. Mr. Barber was concerned about enforcement of the ordinance, was in agreement that something needed to be done about the littering problem in the County, but was not necessarily in agreement with fining the person who accident had a piece of paper blow out of his vehicle. Mr. Davis said Sheriff Taylor had sent a letter indicating he is in favor of the fine increase and has instructed his deputies to make an extra effort in enforcing the littering fines if the proposed amendments pass. Mr. Harville stated that he has listened carefully to the comments made that night by the citizens on this subject and agreed with them that litter control starts from public awareness and involvement. He further stated that he had checked and the Sheriff's deputies and the State Police have always been able to fine a person littering by the County's current ordinance or by §33.1-346 of the Code of Virginia; the discretion of which to cite the offender has always been up to them. Mr. Harville said he believed the key to a change laid in citizen involvement. Some yards are treated like dumps by the landowners and the County's current ordinances needed to be enforced. The following roll call vote was recorded: Mr. Ingram - Yes, Mr. Barber - No, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. Motion carried by majority vote of 5-2 by the Board in favor of amending Chapter 33, Litter Control Ordinance, Article II, Section 1(b) and Section 2 (b), Littering Prohibited, bringing it into compliance with §33.1-346 of the Code of Virginia, 1950, as amended, specifically increasing the fines for littering from $25-$500 and no more than 30 days in jail to $25-$2,500 and/or up to 12 months in jail. Unfinished Business At the March 17, 2000 adjourned meeting, motion was made by Mr. Davis, seconded by Mr. Snead, to appropriate $467,441.46 from unappropropriated surplus from the Pittsylvania County General Fund to the Comprehensive Planning Management Board budget, which required a 10-day layover before voting. Mr. Sleeper stated this is a state mandated appropriation match. The following roll call vote was recorded: Mr. Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville -Yes. Mr. Davis's motion carried by majority vote of 5-2 by the Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve a Moral Obligation Reimbursement Agreement between Pittsylvania County and the City of Danville for reimbursements to the City for advancing funds for the Danville-Pittsylvania Regional Industrial Facilities Authority for purchases of property in the development of the Mega Park in Pittsylvania County, which would have a 3.78% interest rate and authorize the Chairman or the County Administrator to sign all necessary documentation. The following roll call vote was recorded: Mr. Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville -Yes. Mr. Snead's motion carried by majority vote of 5-2 by the Board. Regular Meeting April 6, 2009 New Business Motion was made by Mr. Snead, seconded by Mr. Ingram and Mr. Barber, to recognize and commend E911 Dispatch employees Joann Luck, Ronnie Fowler, Paulette Stone, Tonya Poindexter, Amanda Lumpkin, Ray McKinney, Pamela Holley, Mary Kitchens, Holly Boles, Kelly Peterson, Sarah Eastridge, Glenna Caldwell and Terry Kelly for their outstanding service during the snow storm of March 1, 2009. The Board voted unanimously to approve Mr. Snead's motion. Motion was made by Mr. Ingram, seconded by Mr. Davis, to approve a bid award for the Gretna Industrial Park Access Road to Guy P. Riddle, Inc. in the amount of $365,862 and authorize the County Administrator to sign all necessary documentation. The Board voted unanimously to approve Mr. Ingram's motion. Motion was made by Mr. Ecker, seconded by Mr. Davis, to hold a public hearing for citizen input at the April 21, 2009 meeting concerning a lease agreement between the County of Pittsylvania and the Hurt Volunteer Fire Department for Wayside Park. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve Change Orders 3 and 4 to the Ringgold/Tom Fork Waterline Contract. Change Order 3 results in an increase of approximately $20,000, due to additional value and waterline installations on Woodbriar Lane and Mr. Zion, picking them up on this new water system and Change Order 4 is a decrease of $3,316.98, which would result in a new contract total of $1,497,180.19. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to approve Change Orders 2 and 3 with Crews Constructions for the Witcher Road project. Change Order 2 is a decrease of $31,279.36 for changing the type of pipe and eliminating alternate 1 and Change Order 3 was additional requirements for storm water pipe that had to be added near a proposed pump station, resulting in an increase of $1,313.87. These change orders resulted in a new contract total of $511,412.87. Mr. Pritchett's motion was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Pritchett, to approve a one year extension of the annual lease by Pittsylvania County Youth Sports for the operation of the Blairs Community Center. Mr. Ecker stated that last year the board agreed to extend this lease for only one more year since it had no intention of putting any more money into this building unless it was determined the Board was going to fix the roof. Nothing has been decided about what to do with the building and Mr. Ecker did not agree with voting on extending the lease until resolution had been made about what to do about the building. The following vote was recorded: Mr. Ingram -Yes, Mr. Barber - Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville - Yes. Mr. Davis's motion carried by majority vote of 6-1 by the Board. Mr. Sleeper explained the Federal Agencies of the Farm Service Center, on occasion, solicit bids for new office space upon the completion of their existing leases. The existing lease with Pittsylvania County for the Farm Service Center in the Captain Martin Building is up, requiring a solicitation for a new space by the Federal Agencies located there. It would be necessary for the Board of Supervisors to approve a proposal to be submitted to the Farm Service Center for the lease on the Farm Service Building in Chatham. Currently they are leasing 5,222 square feet from the County and their new proposal is asking for 5,565 square feet. If the County Regular Meeting Apri16, 2009 planned to bid on the lease application, due May 1 in Washington, D.C., additional space would have to be added to the building. Motion was made by Mr. Davis, seconded by Mr. Ecker, to not submit a bid to the Farm Service Center for the lease. Mr. Harville stated he didn't understand the motive of the Agency of not communicating with the County prior to putting out the bid solicitation and asked that more information be brought back to the Board before making a decision. Mr. Snead made a substitute motion to table the issue and authorize the County Administrator to bring more information to the adjourned meeting on this issue, which was seconded by Mr. Barber. Mr. Ecker stated that as soon as the Olde Dominion Agriculture building is built, the Farm Center will probably move up there anyway, so it doesn't make sense to build additional square space and then the Farm Center move. Mr. Davis did make the point that if the Farm Service moves, it does allow the County the opportunity to move the Commissioner of Revenue and Treasurer offices over there. The following vote was recorded on the substitute motion: Mr. Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis - No, Mr. Ecker - No and Mr. Harville - No. Mr. Snead's substitute motion carried by majority vote of 4-3 by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to award a bid in the amount of $174,697 to Prillaman & Pace, Inc, as the apparent low bid on the Route 40 West Water Extension and authorize the County Administrator to sign all necessary documentation. Motion passed by unanimous approval of the Board. Motion was made by Mr. Snead, seconded by Mr. Ingram, to pay membership dues in the amount of $1,249 to the National Association of Counties. The following vote was recorded: Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis - No, Mr. Ecker - Yes and Mr. Harville -Yes. Mr. Snead's motion carried by majority vote of 6-1 by the Board. Motion was made by Mr. Snead, seconded by Mr. Ingram, to appropriate $105,000 from the Tobacco Opportunity Funds received to the Danville-Pittsylvania County Regional Industrial Facilities Authority that was applied to the Tobacco Indemnification and Revitalization Commission by the County for Donnachaidh Associates on February 12, 2009. 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. Mr. Snead's motion carried by unanimous vote of the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to appropriate $1,353,718.76 to a new fund (Fund 210) for School Bus Leases and have these funds maintained by the Treasurer's office. 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. Mr. Snead's motion carried by unanimous vote of the Board. Mr. Sleeper told the Board that an incident occurred in the jail with a Pittsylvania County Sheriffs Deputy that required the appointment of legal counsel for his defense. The State of Virginia had agreed to reimburse the County for the legal costs incurred by the Sheriff s department. To date, the County has received a total of $36,724.33 from the Compensation Board, which needed to be appropriated to the Legal Services line item from line item Shared Expense- Sheriff. Mr. Barber made a motion, seconded by Mr. Snead to appropriate $36,724.33 to the Legal Services line item from line item Shared Expense-Sheriff. This motion required a 10-day layover. Regular Meeting Apri16, 2009 A presentation was made by the Mr. Sleeper requesting $15,196 appropriation for a new centralized receivable module which will help alleviate questions and problems between the delinquent list and the actual delinquent tax notices in the Treasurer's office. Motion was made by Mr. Ingram, seconded by Mr. Davis to appropriate $15,196 from General Funds to Capital Improvements to cover the cost of the centralized receivable module. This motion required a 10- day layover. Finance Committee Recommendations The first motion from the Committee to the Board was to approve the proposed budget but rather than raise the real estate tax, the Finance Committee recommended the Supervisors take $2,305,677 of unappropriated surplus to balance the budget with no real estate tax increase. This will give a total budget of $228,860,000. Mr. Barber wanted to make a substitute motion to propose the same resolution as the proposed budget of revenues and expenditures from the Finance Committee with the exception of the advertised 9¢ increase in real estate tax to instead a 3¢ increase accomplished by refinancing a portion of the outstanding General Obligation school bonds and landfill bonds, which would be Resolution 2009-04-04 for the annual budget, and to make a second substitute motion to refinance Pittsylvania County School Bonds 2001 B and Pittsylvania County Landfill General Obligation Bond 2003B, which would be 2009-04-05. Mr. Snead seconded Mr. Barber's substitute motions. Mr. Davis asked if $2.3 million dollars would be saved this year by refinancing the bonds. Mr. Sleeper stated that it would be approximately $1.5 each year for 2 years and over a 2-year period it would roughly be $3.5 million. Mr. Davis said he was still advocating the original motion and refinance the bonds, if it could be done. Mr. Sleeper stated that it could be as he had been directed by a Board member to check with Davenport and Company, the County's financial counsel and it had been recommended by financial counsel and the County's auditors to maintain a 10% balance of the adopted budget in General Funds at all times since the County has to upfront so many expenditures, some unanticipated. The following substitute motion of Mr. Barber, seconded by Mr. Pritchett that the Board of Supervisors approve a resolution accepting the financing proposal and authorizing action to be taken to send out requests for the proposals for the refinancing of Pittsylvania County School Bonds 2001 B and Pittsylvania County Landfill General Obligation Bond 2003B and the resolution authorizes those proposals to come back to the Board with a proposed bond issue to refinance not to exceed $3.5 million had the following roll call vote recorded: Mr. Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis - No, Mr. Ecker - No and Mr. Harville -Yes. The first part of Mr. Barber's substitute motion passed by a 4-3 majority vote of the Board. The second part of Mr. Barber's substitute motion, which was seconded by Mr. Pritchett, was to pass Resolution 2009-04- 04, which adopted Pittsylvania County Budget for 2009-2010 of $227,189,176. The following roll call vote was recorded: Mr. Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis - No, Mr. Ecker - No and Mr. Harville -Yes. The second part of Mr. Barber's substitute motion passed by a 4-3 majority vote of the Board. RESOLUTION 2009-04-04 VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on Monday, April 6, 2009 in the General District Courtroom in the Edwin R. Shields Courthouse Addition in Chatham, Virginia, the following resolution on the annual budget for Fiscal Year 2010 was presented and adopted. Regular Meeting Apri16, 2009 WHEREAS, the laws of the Commonwealth of Virginia require the governing body to prepare and approve a budget for fiscal and planning purposes, not withstanding additional requirements for the schools, including revenues and expenditures for the ensuing year by May 1, 2009; and WHEREAS, the laws of the Commonwealth of Virginia control the distribution of funds by appropriations giving the Board of Supervisors authority to set such appropriations at such periodic basis as outlined in Section 15.2-2506 of the Code of Virginia, being further identified in this Resolution with Exhibit A and Exhibit B; and WHEREAS, a public hearing has been properly advertised and held on March 30, 2009, in accordance with state statute as shown by the affidavit of the publisher; then, BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of Pittsylvania, that there be hereby adopted and appropriated a budget for Fiscal Year 2010, the full and complete budget is contained in the document entitled: "PITTSYLVANIA COUNTY ADOPTED BUDGET" FISCAL YEAR 2010 JULY 1, 2009 -JUNE 30, 2010 TOTALING: $ 227,189,176 BE IT FURTHER RESOLVED, that the estimated budget total of $227,189,176 includes $13,263,385 total local effort for the Pittsylvania County Schools, and $786,916 in reallocated carryovers for Capital Improvements, $2,386,408 carryover for Industrial Development Local. Included in this budget is an approval of supplements for employees of the Sheriff's Department including the jail. In addition, it includes a continued supplement of $10,000 each for the Treasurer, Commissioner of Revenue and Clerk of Courts and $5,000 for the Commonwealth's Attorney for salary supplements. BE IT STILL FURTHER RESOLVED, that the funds of the School Budget, the Library Board, and the Welfare Board shall be expended only by order and approval of those respective boards and that no money shall be paid out for such contemplated expenditures unless and until there has first been made an appropriation for such contemplated expenditures by the Board of Supervisors; and, BE IT STILL FURTHER RESOLVED that the School Budget estimate for FY 2009-2010 be set at $89,286,948 with the local funds provided by the Board of Supervisors set at $13,263,385 to be funded by classification as allowed by the Code of Virginia, 1950 as amended, and the school board to report back in amounts requested to be funded in each classification if different than shown in the approved budget. The local funds include the following: General Fund Local $13,263,385 (Includes $45,000 Solid Waste) Regular Meeting April 6, 2009 BE IT STILL FURTHER RESOLVED, that the Board of Supervisors shall receive quarterly revenue and expenditure reports comparing receipts and expenditures to the approved budget from the Office of the County Administrator; and, BE IT STILL FURTHER RESOLVED, that the unit tax levy for the year commencing January 1, 2009 shall be as follows: Real Property: $.56 per $100 of assessed value, 100% market value Mobile Homes and Barns: $.56 per $100 of assessed value, 100% market value Machinery and Tools: $ 4.50 per $100 of assessed value at 10% of original cost Personal Property: $8.50 per $100 of assessed value, 30% of market value. In accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly any qualifying vehicle sitused within the county commencing January 1, 2009, shall receive personal property tax relief in the following manner: ^ Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; ^ Personal use vehicles valued at $1,001 to $20,000 will be eligible for 50% tax relief; ^ Personal use vehicles valued at $20,001 or more shall only receive 50% tax relief on the first $20,000 of value; and ^ All other vehicles which do not meet the definition of "qualifying" (business use vehicles, farm use vehicles, motor home, etc.) will not be eligible for any of tax relief under this program. Generating Equipment: $.56 per $100 of assessed value, 100% of market value Capital Merchant Tax: $2.75 per $100 of assessed value, 30% of inventory value Motor Vehicle Tax: $38.75 per vehicle, except as specified by ordinance Consumer Utility Tax: 20% of the first $15.00 monthly for residential users and 20% of the first $100.00 monthly for commercial or industrial users, except as required for Gas and Electricity, as defined by Chapter 6 Section 13 of the Pittsylvania County Code 1975 as amended Regular Meeting April 6, 2009 AND BE IT FURTHER RESOLVED by the Pittsylvania County Board of Supervisors that, for the fiscal year beginning on July 1, 2009, and ending on June 30, 2010, the following sections are hereby adopted. Section 1. The cost center shown on the attached table labeled Appropriations Resolution, Exhibit A, are hereby appropriated from the designated estimated revenues as shown on the attached table labeled Appropriations Resolution, Exhibit A. This appropriation does include the unappropriated surplus. Funds may be appropriated by the Board of Supervisors as needed during FY 2010 subject to the Board's by-laws for appropriations. Section 2. Appropriations, in addition to those contained in this general Appropriations Resolution, may be made by the Board of Supervisors only if there is available in the fund unencumbered or unappropriated sums sufficient to meet such appropriations. Section 3. All appropriations herein authorized shall be on the basis of cost centers for all departments and agencies excluding schools. The regular school fund is specifically appropriated by category as listed on Exhibit A. Section 4. The School Board and the Social Services Board are separately granted authority for implementation of the appropriated funds for their respective operations. By this resolution the School Board and the Social Services Board are authorized to approve the transfer of any unencumbered balance or portion thereof from one line item of expenditure to another within the same classification in their respective funds in any amount. Transfers between classification or funds require approval of the Board of Supervisors. Section 5. The County Administrator is expressly authorized to transfer any unencumbered balance or portion thereof from one line item of expenditure to another within the same cost center for the efficient operation of government. Section 6. All outstanding encumbrances, both operating and capital, at June 30, 2009 shall be reappropriated to the FY 2010 fiscal year to the same cost center and account for which they are encumbered in the previous year. A report of which shall be submitted to the Board. Section 7. At the close of the fiscal year, all unencumbered appropriations lapse for budget items other than the School Cafeteria Receipts Fund 209, the State Restricted Seizure Fund -Sheriff 241, the Federal Restricted Seizure Fund 242, the State Restricted Seizure Fund -Commonwealth's Attorney 243, the Animal Friendly Plates Fund 245, the Grants Fund 250, the Work Force Investment Act Fund 251, Law Library Fund 260, the Library Memorial Gift Fund 265, Cash Bonds Fund 305, the County Capital Improvements Fund 310, the Jail Inmate Management Fund 311, the Courthouse Maintenance Fund 312, the Jail Operating Fund 313, the Courthouse Security Fund 314, the Jail Processing Fund 315, the Rural Roads Fund 320, Regular Meeting April 6, 2009 the Industrial Development Local Fund 325, the Industrial Development Cyclical Fund 330, the School Bond Fund 410, the Landfill Bond Fund 415, the Social Services Bond Fund 420, the Debt Service Reserve Fund 425, the Bond Fund-Schools 435, the Special Welfare Fund 733 and the Pittsylvania County Employees Health Plan 734. Thus, all cancelled cash balances shall revert back to the General Fund. Section 8. Appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation. Upon completion of a capital project, the County Administrator is hereby authorized to close out the project and transfer to the funding source any remaining balances. This section applies to all existing appropriations for capital projects at June 30, 2009 and appropriations in the FY 2010 Budget. The County Administrator is hereby authorized to approve construction change orders to contracts up to an increase of $10,000.00 and approve all change order for reduction of contracts. Section 9. The approval of the Board of Supervisors of any grant of funds to the County shall constitute the appropriation of both the revenue to be received from the grant and the County's expenditure required by the terms of the grant, if any. The appropriation of grant funds will not lapse at the end of the fiscal year but shall remain appropriated until completion of the project or until the Board of Supervisors, by appropriate resolution, changes or eliminates the appropriation. The County Administrator may increase or reduce any grant appropriation to the level approved by the granting agency during the fiscal year. The County Administrator may approve necessary accounting transfers between cost centers and funds to enable the grant to be accounted for in the correct manner. Upon completion of a grant project, the County Administrator is authorized to close out the grant and transfer back to the funding source any remaining balance. This section applies to appropriations for grants outstanding at June 30, 2009 and appropriations in the FY 2010 Budget. Section 10. The County Administrator may reduce revenue and expenditure appropriations related to programs funded all or in part by the Commonwealth of Virginia and/or the Federal Government to the level approved by the responsible state or federal agency. Section 11. The County Administrator is authorized to make transfers to the various funds for which there are transfers budgeted. The County Administrator shall transfer funds only as needed up to amounts budgeted or in accordance with any existing bond resolutions that specify the matter in which transfers are to be made. Section 12. The Treasurer may advance monies to and from the various funds of the County to allow maximum cash flow efficiency. The advances must not Regular Meeting Apri16, 2009 violate County bond covenants or other legal restrictions that would prohibit an advance. Section 13. All purchases with funds appropriated herein shall be made in accordance with the County purchasing ordinance and applicable state statutes. Section 14. It is the intent of this resolution that funds be expended for the purposes indicated in the budget; therefore, budgeted funds may not be transferred from operating expenditures to capital projects or from capital projects to operating expenses without the prior approval from the Board of Supervisors. Also, funds may not be transferred from one capital project to another without the prior approval of the Board of Supervisors. Section 15. The County Administrator is authorized, pursuant to state statute, to issue orders and warrants for payments where funds have been budgeted, appropriated, and where sufficient funds are available. A warrant register shall be presented to the Board of Supervisors not less frequently than monthly. Section 16. Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum, conditional and proportionate appropriations - the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all the appropriations in full. Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Section 17. All revenue received by any agency under the control of the Board of Supervisors or by the School Board or by the Social Services Board not included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by said agency under the control of the Board of Supervisors or by the School Board or by the Social Services Board without the consent of the Board of Supervisors being first obtained. Nor may any of these agencies or boards make expenditures, which will exceed a specific item of an appropriation. Section 18. Allowances out of any of the appropriations made in this resolution by any or all county departments, bureaus or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the Internal Revenue Service and shall be subject to change from time to time to maintain like rates. Section 19. The County Administrator is directed to establish four (4) petty-cash accounts under non-departmental from funds in this budget for central Regular Meeting Apri16, 2009 purchasing, the landfill, building inspections, and zoning, in accordance with Section 15.2-1229 of the Code of Virginia as amended, 1950 with management plans as directed by the County Auditor. Section 20. All previous appropriation ordinances or resolutions to the extent that they are inconsistent with the provisions of this resolution shall be and the same are hereby repealed. Section 21. This resolution shall be effective on July 1, 2009. Given under my hand this day April 6, 2009 Motion was made by Mr. Davis, seconded by Mr. Barber, to approve the School Budget as by Classification, totaling $84,968,733. The following roll call vote was recorded: Mr. Ingram - Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville -Yes. Mr. Davis's motion passed by a 6-1 majority vote of the Board. Mr. Barber asked Mr. Sleeper to get from the School Board a copy of the School Board's Take Home Policy concerning Fleet Use and a cost breakdown. Added Items Motion was made by Mr. Ecker, seconded by Mr. Ingram, to refer to Finance Committee for discussion a Memorandum of Understanding between the Virginia Cooperation Extension and Pittsylvania County and for the committee to meet on Tuesday, April 21, 2009 at Spm in the Conference Room of the County Administration office. Motion was made by Mr. Barber, seconded by Mr. Ingram, to approve a contract amendment in the amount of $17,300 with Dewberry to prepare a case study to prove the effectiveness of the Corrective Action Plan for a groundwater monitoring program at the landfill that is required by the Virginia Department of Environmental Quality and authorize the County Administrator to sign all necessary documents.. Mr. Barber's motion carried by unanimous approval of the Board. Motion was made by Mr. Ingram, seconded by Mr. Pritchett, to approve a contract amendment with Dewberry, with the exception of items F & G in the amendment, in the amount of $66,400 for the design of onsite and offsite utilities in order to move forward with construction of the industrial access road. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve a Re-organization Plan for the County's Landfill that would include the following: Elimination of the position of the Director of Solid Waste; Re-classification an operator that has a State license to a Lead Operator. This would meet the State requirements for keeping the landfill open. This re-classification will cost approximately $6,000; Change the Chief Mechanic to the Chief Mechanic for Operations with the additional responsibility of overseeing and dispatching the solid waste collection vehicles. This is estimated at $4,500; Advertise immediately to replace a Truck Driver. Some reduction in cost will be realized due to the replacement of a retiring employee; Advertise for the replacement of the Landfill Foreman with a new title, Landfill Operations Manager. This employee should have the expanded duties from the present Landfill Foreman and the responsibilities for the entire Regular Meeting April 6, 2009 solid waste division, including but not limited to the day to day operations and representing the County at the State level when required. This individual will have to have a strong environmental background with a vast knowledge of contract administration and construction discipline. Also with the ability to clearly comprehend analytical reports and communicate regularly with other Boards, Agencies and Commissions. This is an estimated cost of $10,500. The net savings for the Re-organization Plan for the County's Landfill includes there would be a net savings of approximately $40,000. Mr. Snead's motion passed by a majority vote of 6-1 of the Board, with Mr. Ecker voting in opposition of the motion. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve road name additions of River Way Drive and Rivertree Drive into the E-911 System. Motion passed by unanimous approval of the Board. The Land Use Proposal from the Agricultural Development Board was referred to the Legislative Committee to meet with the Agriculture Board. Motion was made by Mr. Barber, seconded by Mr. Snead, to enter Closed Session under §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended, which was unanimously approved by the Board. The Board entered Closed Session at 9:40pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett to re-enter Open Session, which was unanimously approved by the Board. The Board reconvened to Open Session at 10:15pm. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on April 6, 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. Pritchett, to accept the correction of minutes of the public hearing from the October 6, 2008, which was unanimously approved by the Board. Regular Meeting April 6, 2009 Motion was made by Mr. Davis, seconded by Mr. Barber, to hold a public hearing for a budget amendment to create a new line item with income from the General Fund and the line item for expenditure will be Regional Industrial Facilities Authority Land Acquisition, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead to adjourn, which was unanimously approved by the Board. The meeting adjourned at 10:25pm.