Loading...
04-21-2009 BOS Adjourned MeetintgAdjourned Meeting Apri121,2009 VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, April 21, 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. 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, and Ms. Rebecca Flippen, Deputy Clerk, were also present. Mr. Harville 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 of the following items to the agenda: (a) Appropriation to the Registrar's Office (b) Out of State Travel (c) Justice Assistance Grant (JAG) (d) Legislative Committee Report (e) Finance Committee Report Mr. Harville said if no one had any objections, he would like to add Item (a) to the Consent Agenda. The Board unanimously approved Mr. Snead's motion and Mr. Harville's request add item (a)-appropriation to the registrar's office (for a new computer) to the Consent Agenda. Hearing of Citizens Ms. Phillip Lovelace, of the Callands-Gretna District, made comments about water test issues and concerns about a citizen's contaminated water and lack of use of it for the last couple of months and to please consider this man's problem of lack of water. He also made comments opposing uranium mining. Ms. Nancy Smith made comments to the Board on her opinion of instances that the Board had not followed Roberts Rules of Order while conducting meetings. Ms. Deborah Dix made comments on water contamination and comments opposing uranium mining and milling in Pittsylvania County. Mr. Allen Gross made comments in favor of the Board raising the litter ordinance violation fines; and asked the Board to vote in favor of Mr. Davis's proposed resolution concerning well water testing. Ms. Karen Maute made comments urging the Board to consider regulating mineral mining in their ordinances. Adjourned Meeting Apri121,2009 7. Consent Agenda: (a) Proclamation -Law Day, May 1, 2009 (b) Road Names -Chatham Industrial Park Road (c) Resolution to VDOT -Review Speed Limit on Gallows Road - to Reduce from 45 Miles per Hour to 35 Miles per Hour (d) Ratify Resolution #2009-04-06 -Tax Exempt Status for Climax Volunteer Fire Department (e) Renewal of Justice Benefits Contract (f) Memorandum of Agreement with Department of Corrections (g) Approve Regional One -May 2009 (h) Project Lifesaver (i) United Way -Fire & Rescue (j) Resolution -Hargrave Military Academy 100-year Anniversary (k) Homeland Security Grant -Sheriff's Office (1) Memorandum of Understanding - Intrado (m) Workforce Investment Act (WIA) Grant (n) Circuit Court Appropriation Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve the Consent Agenda addition of Mr. Harville's request to add an appropriation to the Registrar's office for a computer purchase, and the removal of Items (f) and (g). Mr. Ecker's motion passed unanimously by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION2009-04-06 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 Climax Volunteer Fire Department, Inc. 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 Climax Volunteer Fire Department, Inc. has held a public hearing March 25, 2009 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 Climax Volunteer Fire Department, Inc. 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 $35,000 to finance one (1) 2009 Pierce DX Tanker; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Climax Volunteer Fire Department, Inc. in order to supplement their financing requirements. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Adjourned Meeting April 21,2009 RESOLUTION 2009-04-07 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, April 21, 2009, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Virginia Department of Transportation is charged with the responsibility of insuring that the speed limits established on these secondary roads provide both the protection, consideration of the public and posting of those speeds; and WHEREAS, Gallows Road in the Staunton River District appears to have a need for reduction in speed due to safety factors, heavy traffic use and congestion in a residential area; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully request the Virginia Department of Transportation to review the speed limit on Gallows Road and consider reducing the speed limit from 45 miles per hour to 35 miles per hour. Given under my hand this 215` day of April, 2009 Motion was made by Mr. Snead, seconded by Mr. Barber, to authorize Mr. Harville to sign a Memorandum of Agreement on behalf of Pittsylvania County with the Department of Corrections to allow Pittsylvania County to utilize the Chatham Diversionary Center and exempt the Department of Corrections from any injury to Commonwealth employees and County employees on that property while Pittsylvania County is utilizing the property until the deed of transfer has occurred. Mr. Snead's motion was carried by a 5-2 majority vote of the Board, with Mr. Ingram and Mr. Davis in opposition. Motion was made by Mr. Davis, seconded by Mr. Ingram, to approve May 2009 payment to Regional One, which was approved by a 6-1 majority vote of the Board, with Mr. Ecker opposing. Mr. Harville, Mr. Barber and Mr. Davis presented, on behalf of the Board and the citizens of Pittsylvania, a resolution to Hargrave Military Academy in commemoration of their 100`'' anniversary. Mr. Wheeler Baker and Mr. Frank Martin, of Hargrave Military Academy were there accept the resolution on behalf of the Academy. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-04-08 WHEREAS, Hargrave Military Academy, a college preparatory and secondary boys military boarding school, is celebrating its 100t'' anniversary; and WHEREAS, Hargrave Military Academy began as Chatham Training School when Jesse Hargrave, a local mercantilist, and his son, J. Hunt Hargrave, worked with the pastor of Chatham Baptist Church, the Reverend T. Ryland Sanford, to begin a new school in the fall of 1909; and WHEREAS, Jesse and J. Hunt Hargrave purchased 36 acres of land for the school and modified a home on the property to provide classrooms and dormitory space for 17 boarders and 18 day students; and Adjourned Meeting April 21,2009 WHEREAS, on July 18, 1911, Chatham Training School received a formal charter from the Commonwealth of Virginia and received accreditation from the State Board of Education in 1917 and from the Southern Association of Colleges and Schools in 1920; and WHEREAS, in 1925, Chatham Training School changed its name to Hargrave Military Academy to honor its founder and clarify the type of training it provided; and WHEREAS, Hargrave Military Academy has continued to grow and flourish over the past century, expanding its facilities to include computers, an aquatic center, and more classrooms; and WHEREAS, Hargrave Military Academy has helped cadets grow academically, athletically, and spiritually into principled leaders; and WHEREAS, Hargrave Military Academy has boasted a 99 percent college acceptance rate over the last eight years and its cadets have received millions of dollars in scholarship money to continue their educations, attesting to the commitment of academic excellence of the Academy; and WHEREAS, their dedication and commitment to excellence will certainly be instrumental in leading Hargrave Military Academy forward into a new century of service; then THREFORE BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County commend and congratulate Hargrave Military Academy on their 100~h anniversary; and BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Hargrave Military Academy. Given under my hand this 21st day of April 2009. Public Hearings Rezoning Cases Case 1: Jewel Carter Ramsey-Callands/Gretna District-R-09-013. The public hearing on this case opened at 7:43pm. Mr. Shelton, Director of Code Compliance, explained that had petitioned to rezone .47 of an acre, located off State Road 605/Toshes Road, in the Callands-Gretna Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with the adjoining property). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Carter was present to represent the petition. No one signed up to speak. Mr. Harville closed the hearing at 7:44pm. Mr. Ingram made a motion, seconded by Mr. Barber, to rezone the property from A-1 to R-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-09-013 had been rezoned to R-1. Case 2: Russell & Brenda Eades -Staunton River District - R-09-014. The public hearing on this case opened at 7:45pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned rezone .864 of an acre, located off State Road Adjourned Meeting April 21,2009 668/Grit Road, in the Staunton River Election District from MHP, Residential Manufactured Housing Park District to R-l, Residential Suburban Subdivision District (to combine with adjoining property to construct a personal garage). The Planning Commission, with no opposition, recommended granting the petitioners' request. No one signed up to speak. Mr. Eades was present to represent the petition. Mr. Harville closed the hearing at 7:46pm. Mr. Ecker made a motion, seconded by Mr. Davis, to rezone the property from MHP to R-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-09-014 had been rezoned to R-1. Case 3: Roy Younger -Westover District - R-09-015. The public hearing on this case opened at 7:47pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone a total of 26.99 acres, located on/off State Road 855/Cascade Mill Road, in theTunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to add a second dwelling to one of the tracts for a family member and future subdivision of properties for family). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Younger was there to represent the petition. No one signed up to speak. Mr. Harville closed the hearing at 7:47pm. Motion was made by Mr. Barber, seconded by Mr. Snead, 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-09-015 had been rezoned to A-1. Case 4: Deborah & David Wade - Tunstall District - R-09-016. The public hearing for this case opened at 7:49pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone a total of 26.99 acres, located on/off State Road 855/Cascade Mill Road, in theTunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to add a second dwelling to one of the tracts for a family member and future subdivision of properties for family). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. & Ms. Wade were there to represent the petition. No one had signed up to speak. Mr. Harville closed the hearing at 7:SOpm. Motion was made by Mr. Barber, seconded by Mr. Pritchett, to approve the petitioner's request of rezoning 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-09-016 had been rezoned from R-1 to A-1. Case 5: NAP Coleman Marketplace, LLC -Westover District - R-09-017. The public hearing for this case opened at 7:51 pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone 53.45 acres, located on State Road 1519/Sweetgum Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to RMF, Residential Multi-Family District. The petitioner plans to construct 132 apartment units in the First Phase. The Future Phase or Second Phase of the Development will be 420 units and will trigger House Bill #527, requiring a Traffic Impact Study. A Site Development Plan showing Phase I and Phase 2 is in the Board packet along with correspondence letters and Staff Report. NAP has gone a step beyond the zoning requirements, notifying property owners in the general area and has talked to all the residents on Sweetgum Lane (city and county), and they are Adjourned Meeting April 21,2009 not opposed to the Development. NAP has also proffered that there will be no subsidized housing to address concerns of the neighborhood and has also proffered a Traffic Impact Analysis per Chapter 527 of the Virginia Department of Transportation for the Second Phase of the Development. The Planning Commission, with opposition, recommended granting the petitioner's request. Mr. Scott Hundley there to represent the petition. Ms. Shirley Howell, an adjacent property owner, had no opposition in the property being rezoned. Mr. Harville closed the hearing at 7:SSpm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the petitioner's request of rezoning the property from R-1 to RMF. 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-09-017 had been rezoned from R-1 to RMF. Case 6: Darrell Riddle -Banister District - R-09-018. The public hearing for this case opened at 7:56pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone 8.80 acres, located on State Road 718/Snakepath Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for placement of a second dwelling to be used for his mother-in- law's residence).The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Riddle were there to represent the petition. No one had signed up to speak. Mr. Harville closed the hearing at 7:57pm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve the petitioner's request of rezoning 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-09-018 had been rezoned from R-1 to A-1. Public Hearin Mr. Harville opened the public hearing at 8:OOpm. Mr. Sleeper explained the hearing was to receive citizen input on a proposed lease between Pittsylvania County and the Hurt Volunteer Fire Department for Wayside Park, pursuant to §15.2-1800 of the Code of Virginia, 1950, as amended. Negotiations had been underway with the Hurt Volunteer Fire Department to be the agent for Pittsylvania County by leasing the Wayside Park and providing it open to the public as well as being able to provide for fund raisers for the Volunteer Fire Department. In return, the department will maintain the park and provide the support the County needs to ensure Wayside Park is open to the public and presentable at all times. No one signed up to speak. Mr. Harville closed the public hearing at 8:OOpm. Mr. Ecker made a motion, seconded by Mr. Davis, to authorize the County Administrator to sing the lease agreement once all parties agreed. to appropriate $36,724.33 to the Legal Services line item from line item Shared Expense- Sheriff. Unfinished Business At the April 6, 2009 meeting of the Board of Supervisors, motion had been made by Mr. Barber, seconded by Mr. Snead to appropriate $36,724.33 to the Legal Services line item from line item Shared Expense-Sheriff, which required a 10-day layover. 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. Adjourned Meeting April 21,2009 At the April 6, 2009 meeting of the Board of Supervisors, motion had been 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. 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. At the April 6, 2009 meeting of the Board of Supervisors, the County Administrator presented a request to the Board of Supervisors to determine whether they wanted to place a bid in for leasing of the Farm Service Center to the Federal agencies of the Agricultural Stabilization and Conservation Service (ASCS) and the Soil Conservation Service (SCS) offices. The Chairman requested additional information be provided to the Board of Supervisors before consideration of this lease proposal. The following is the information the County has concerning our lease agreement. The County has leased the property since 1979 through the federal agencies based on the square footage that they utilize and we have provided office space as required by our contract with the Virginia Extension Service. This provides the occupancy of the Farm Service Center. The County receives approximately $52,000 in revenue per year from that facility. A motion came from the Finance Committee to not submit a bid and to continue leasing on a month to month basis, and to send a letter for support from the Board to the Agriculture Development Board on Support of the Olde Dominion Agriculture Center for the lease for these federal agencies. The Finance Committee's motion was unanimously approved by the Board. New Business Mr. Davis made a motion, seconded by Mr. Ecker to adopt a resolution for support of the Environmental Protection Agency and the Virginia Department of Health to investigate well problems in the Coles Hill area of Pittsylvania County. A substitute motion was made by Mr. Barber, seconded by Mr. Snead, to approve Mr. Davis's resolution, but to amend it to include all other areas of concern in the County once the Cole's Hill area had been investigated. The following roll call vote was recorded on Mr. Barber's substitute motion: Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. The substitute motion carried by unanimous vote. Motion was made by Mr. Davis, seconded by Mr. Ecker, for the County to donate $500 to Lindsay Bowman, Miss Danville-Pittsylvania County. Mr. Snead said he did not agree with the motion-that it was not right to use taxpayer funds; and that he had already personally donated to Ms. Lindsay. The following vote was recorded: Mr. Ingram - Yes, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker - Yes and Mr. Harville - No. Mr. Davis's motion passed by a majority 4-3 vote of the Board. Motion was made by Mr. Barber, seconded by Mr. Snead, to hold a public hearing on May 19, 2009 for citizen input on the transfer of the old Chatham Elementary School to the Town of Chatham. Motion passed by a majority vote of 5-2, with Mr. Davis and Mr. Ingram opposing. Adjourned Meeting April 21,2009 Motion was made by Mr. Ingram, seconded by Mr. Snead, to approve the March 2009 expenditure refund list. Motion carried by unanimous vote. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve Change Order 1 for the Lakeside Drive Sanitary Sewer Project in the amount of $600 for additional heights to manhole covers. Motion carried by unanimous vote of the Board. Motion was made by Mr. Ingram, seconded by Mr. Barber, to approve a contract award in the amount of $3,500 to Robinson, Farmer, Cox and Associates for a Cost Allocation Plan. Motion carried by unanimous approval of the Board. Added Items Motion was made by Mr. Barber, seconded by Mr. Pritchett to approve Out of State Travel for the County Administrator and some staff to attend a day seminar in Greensboro, North Carolina. Motion carried by unanimous approval of the Board. Motion was made by Mr. Snead, seconded by Mr. Ingram, to submit a Justice Assistance Grant application and authorize the County Administrator to sign all necessary documents. This would be a direct award for $45,407 in federal funds for FY 2009. Motion carried by unanimous vote of the Board. The Legislative Committee stated it submitted the Land Use proposal back to the Agriculture Committee for further work. The Finance Committee made a motion to approve the Memorandum of Understanding between the Virginia Cooperative Extension Office and Pittsylvania County and authorize the County Administrator to sign all necessary documents. Motion was unanimously approved by the Board. Closed Session Motion was made by Mr. Snead, seconded by Mr. Ingram, to enter Closed Session under §2.2-3711 (A) (5) and (A) (7) of the Code of Virginia, 1950, as amended. Motion carried by unanimous vote. The Board entered Closed Session at 8:37pm. Mr. Barber made a motion, seconded by Mr. Snead, to reconvene to Open Session, which was unanimously approved by the Board. The Board reconvened in Open Session at 8:50. 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 Apri121, 2009, the board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully Adjourned Meeting Apri121,2009 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 Mr. Sleeper and his staff to make an application to the Tobacco Region Opportunity Fund in the amount of $75,000 for the expansion of an unnamed industry in Pittsylvania County, that industry being known at this time as Project 2009-04-01. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve Mr. Sleeper and his staff to make an application to the Tobacco Region Opportunity Fund in the amount up to $100,000 for a new industry in Pittsylvania County, unnamed at this time and being known as Project 2009-04-02. Mr. Barber's motion was unanimously approved by the board. Motion was made by Mr. Davis, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:OOpm.