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03-17-2009 BOS Adjourned MeetingAdjourned Meeting March 17, 2009 VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, March 17, 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 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, Ms. Kim Van Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk, were also present Mr. Barber gave the invocation and led the pledge of allegiance. Approval of Agenda A motion was made by Mr. Barber, seconded by Mr. Ingram, to approve the agenda with the addition of the following items to the agenda: (a) Amendments to the By-Laws of the Dan River Business Development Center Board (DRBDC); Appointment to the Board (b) Illegal Dump Site Clean Up (c) Hither Lane Highway Project (d) Reclassification of a Position in Circuit Court (e) Change Item 24- Closed Session: Change to Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advise by such counsel. Authority: Section 2.2-3711 - (A) (7) of the Code of Virginia, 1950, as amended, Jrom §2.2-3711 (A) (1) of the Code of Virginia, 1950, as amended (personnel}. Motion was made by Mr. Barber, seconded by Mr. Ingram, to approve the agenda with the additional items. Mr. Barber's motion was unanimously approved by the Board. Hearing of Citizens Ms. Deborah Lovelace, of the Callands-Gretna District, made comments of concern of potential water contamination from uranium test drilling. P26 Adjourned Meeting March 17, 2009 Mr. Allen Gross, Banister District, made comments against uranium mining and its potential contamination of water wells. Ms. Emily Watlington, Callands-Gretna District, comments against allowing uranium mining in Pittsylvania County. Mr. Phillip Lovelace, Callands-Gretna District, comments about not wanting to allow mining in Pittsylvania County, and how mining could affect the value of real estate property, which would also affect the amount of real estate tax revenues for the County and asked the Board to support Mr. Davis's resolution. Ms. Deborah Dix, Chatham-Blairs District, with comments in favor of Mr. Hank Davis's resolution concerning open-pit uranium mining and asked the Board to ban uranium mining in Pittsylvania County. Consent Agenda (a) Ratify Resolution for Declaration of Emergency -March 2, 2009 and Ratify Resolution to End Declaration of Emergency (b) Proclamation -National Agriculture Week (c) Proclamation -National Animal Control Week (d) Expenditure Refunds (e) Project Lifesaver (f) Federal Restricted Seizure Funds (g) State Restricted Seizure Funds (h) Approval Regional One - Apri12009 Mr. Harville asked that the following items be moved to the Consent Agenda: (1) Reclassification of Position in Circuit Court (2) Amendment to Bylaws of the Dan River Business Development Board Mr. Barber asked that the following item be pulled from the Consent Agenda to be voted on separately: (Item (h))-Approval of Regional One. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the Consent Agenda with the additions made by Mr. Harville and Mr. Barber's pulled item. 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. Ecker's motion was unanimously passed by the Board. Public Hearings Rezoning Cases Case 1: Lewis Callands -Banister District - R-09-007. The public hearing on this case opened at 7:35pm. Mr. Shelton, Director of Code Compliance, explained that the applicant had petitioned to rezone 0.169 of an acre, located on SR 640/Renan Road, in the Banister Election District, from A-1, Agriculture District to RC-1, Residential Combined Subdivision District (to combine with adjoining property to resolve an encroachment). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Callands was present to represent the petition. No one signed up to speak. Mr. Harville closed the hearing at 7:36pm. Mr. Pritchett made a motion, seconded by Mr. Ingram, to rezone the property from A-1 to RC-1. The following roll call vote was recorded: Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead - P27 Adjourned Meeting March 17, 2009 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-09-007 had been rezoned to RC-1. Case 2: Mary Johnson Moore for the Three Barns, Inc., and Hedrick Johnson Development Corporation and E. Wayne and Margie Johnson -Westover District - R-09-008. The public hearing on this case opened at 7:36pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to 5.229 acres, located on/off U.S. Highway 29 in the Westover Election District from B-2, Business District, General to R-1, Residential Suburban Subdivision District (to bring into compliance for residential use and to combine). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Moore and Mr. Wayne Johnson were there to represent the petition. No one signed up to speak. Mr. Harville closed the hearing at 7:37pm. Mr. Snead made a motion, seconded by Mr. Bazber, to rezone the property from B-2 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-09-008 had been rezoned to R-1. Case 3: James Farlow, Jr. -Westover District - R-09-009. The public hearing on this case opened at 7:38pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone a total of 8.13 acres, located off U.S. Highway 29, in the Tunstall Election District from M-1, Industrial District, Light Industry to M-2, Industrial District, Heavy Industry. (Nir. Fazlow plans to increase the permitted uses to lease out the existing warehouse, The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Farlow was there to represent the petition. No one signed up to speak. Mr. Harville closed the hearing at 7:39pm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to rezone the 8.13 acres of property from M-1 to M-2. 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-09-009 had been rezoned to M-2. Case 4: Withdrawn Prior to Board Meeting - R-09-010 Case 5: Jessie and Deborah Barksdale -Banister District - R-09-011. The public hearing for this case opened at 7:40pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone 0.154 of an acre (per plat), located off SR 706/Abbott Place, in the Banister Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with an adjoining pazcel of land, GPIN 2454-16-7113). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Barksdale was there to represent the petition. No one had signed up to speak. Mr. Harville closed the hearing at 7:41 pm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve the petitioner's request of rezoning the 0.154 of an acre of property from R-1 to A-1. The following roll call vote was recorded. Mr. Ingram -Yes, Mr. Bazber -Yes, Mr. Snead -Yes, Mr. P28 Adjourned Meeting March 17, 2009 Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote. Mr. Harville announced that case R-09-011 had been rezoned from R-1 to A-1. Case 6: Withdrawn Prior to Board Meeting- R-09-012. Unfinished Business (Carried over from Board of Supervisors Regular Meeting on March 2, 2009-Public Hearings. No action could be taken until 7 days after thu night, March 17, 2009). Mr. Harville explained there was a carry over of Public Hearings and asked Mr. Sleeper to outlay the rules of the Public Hearings before showing a presentation. Mr. Sleeper explained the first hearing opened would be for the school budget. After it was closed, then the next hearing would concern the County budget. The light system was in place as public comments would be limited to 3 minutes per person. At that point, it would be up to the Chairman on whether they could continue. Mr. Sleeper then presented a PowerPoint presentation to the audience, explaining the proposed County Budget FY2009-2010, revenue percentages, expense percentages, actual costs of schools out of local funds, additional funds required for schools, alternate revenues for schools 2009-2010, debt service for high school renovations, proposed tax increases-taxes and fees and local mandated costs. Afterwards, he told the audience and the board that the presentation he just gave would be on the County's website the following morning for everyone to view. The board then proceeded on with the public hearings. Public Hearing on Proposed Pittsylvania County School Budget for FY2009-2010, Totaling $84,968,733. Mr. Harville opened the hearing at 7:SOpm. No one signed up to speak. Mr. Harville closed the heazing at 7:51 pm. Public Hearing on Proposed Pittsylvania County Budget for FY2009-2010, Totaling $225,908,595. Mr. Harville opened the hearing at 7:51 pm. The following citizens spoke: Mike Turner, Tunstall District, made comments opposing tax increases for property owners in order to support the budget, voiced concerned on how lottery funds are spent. Cazlton Rakes voiced displeasure on the County's citizens' economic situations and displeasure on how County funds were spent. Hank Maxey, Callands-Gretna District, asked that the County be fiscally responsible and asked that real estate and personal property taxes be equally increased. Mary Catherine Plaster, Chatham-Blairs District, encouraged everyone, including the Boazd to go to the State's website and read the Virginia General Assembly Constitution of Virginia. She voiced concerns about her future, about the taxes-federal, state and local. Furthermore, she voiced concerns about developing a mega park during these economic times, and to keep the citizen's situations in mind when they considered tax increases. Tinker Burkhart, Staunton River District, thanked Mr. Ecker for his good work and asked the Boazd to live within the budget without going up on taxes. She did not feel increasing taxes at this time was in the best interest of the citizens or the County. P29 Adjourned Meeting March 17, 2009 Richard Shumate, Jr., Westover District, questioned how people on fixed incomes, like retirees, would find the money to pay increased taxes and asked the board to hold off on projects like the Mega Park until economic times were better. He felt the county needed to concentrate more on the poor and disadvantaged as opposed to building new industrial parks. John Dunn, Westover District, voiced displeasure about the current reassessment and stated the taxing the citizens needed to slowdown. Harry Booth, Tunstall, pointed out that a lot of citizens have to help support their parents as well as their own homes. He felt more emphasis should have been made on the tax consequences of the public voting on the school bond referendum. He further stated that before the Board vote for a big tax increase, they need to consider the elderly, disabled and disadvantaged on fixed incomes. Deborah Van Clef, Callands-Gretna District, stated the Board needed to find a way to get tax dollazs from people who don't own real estate. Larry Wells, Staunton River District, thanked Mr. Ecker on his efforts in the Staunton River District, and voiced concerns on tax increases. Carroll Blackstock, Staunton River, made comments in opposition of tax increases. James Robertson, Callands-Gretna District, made comments concerning real estate mazket value in conjunction with real estate taxes imposed and voiced opposition to developing any industrial parks at this time. Deborah Dix, Chatham-Blairs District, opposed a tax increase and opposed any county employees getting a raise. Jay Calhoun, Chairman of the Agriculture Development Boazd, asked that real estate and personal property taxes be equally increased. Tommy Motley, Callands-Gretna District, asked the Boazd to support the Agricultural Development Board's Resolution 2009-02-06 that asks for the Board's consideration to adjust personal property and real estate taxes by equal percentages, reduce the value of land taxed through land use by the same percentage as the personal and real estate tax adjustments, and that the implementation of the land use ordinance to go into effect 2010 to correct compliance therefore offsetting the decrease of land use value. Sylvia DeShazo stated she and her husband were laid off when Dan River Mills closed and had to take jobs of substantially less income and she felt there were others out there like her who, if taxes were increased anymore, would not have the money available to pay them. This concluded comments from the citizens and Mr. Harville closed this hearing at 8:35pm. Proposed Amendments to Chapter 6, of the Pittsylvania County Code, Section 6- 13.2 - 6-13.3, raising the Consumer Utility Tax from 15 % of the first $15 dollars on the Consumers' Utility Bill to 20% of the first $15. Mr. Harville opened the hearing at 8:36pm. The following citizens spoke: David Hutcherson encouraged the Chatham Star Tribune to better inform the people on what is going on in Chatham and Pittsylvania County. P30 Adjourned Meeting Mazch 17, 2009 Harry Booth, Tunstall District, asked the Board to think of the citizens before voting for a tax increase. This concluded citizen comments and Mr. Harville closed this hearing at 8:39pm. Proposed Amendments to Chapter 6, of the Pittsylvania County Code, Section 6, Establish a Discount for Early Payment of Biennial Taxes Due on Real Estate and Personal Property. This proposal would allow a 1% discount on the second half of the biennial taxes due if prepaid in June with a tax due date in December. Mr. Harville opened the hearing at 8:39pm. No one signed up to speak. Mr. Harville closed the hearing at 8:40pm. Proposed Amendments to Chapter 9, of the Pittsylvania County Code, to raise the Motor Vehicle Fee from $29.50 to $38.75, to match the State maximum, modifying Section 9-47, 9-49, and 9-55 of the Pittsylvania County Code. Mr. Harville opened the hearing at 8:40pm. The following citizens spoke: Mr. Carroll Blackstock, Staunton River District, opposed the Vehicle Fee increase. Mr. Richard Shumate, Westover District, opposed the Vehicle Fee increase, as well as the Utility Tax increase. This concluded the speakers for this hearing. Mr. Harville closed the hearing at 8:43pm. Proposed Amendments to Chapter 6, of the Pittsylvania County Code, Section 6.1-1 through 6-1.3 to raise the Personal Property Tax from $7.75 per $100 of value to $8.50 per $100 of value, 50% relief. Mr. Harville opened the hearing at 8:43pm. No one signed up to speak. Mr. Harville closed the hearing at 8:44pm. This concluded all the public hearings for the evening. Mr. Davis asked if the Board could take a short break. Mr. Harville stopped the meeting for a short recess at 8:45pm and the meeting resumed at 8:SSpm. New Business Mr. Davis made a motion, seconded by Mr. Ecker to adopt Resolution 2009-03- 03 that is directed to the Coal and Energy Commission Study Group and is a follow up resolution to the one he requested last month and expands on not wanting that commission to espouse experimental mining practices and to not permit unproven mining in Pittsylvania County, and to take a look at the evidences of mining practices in environmental, demographical, topographical, geographical and meteorological environmental conditions inconsistent with those at the proposed Pittsylvania County mine site. Mr. Snead asked didn't the Board send this resolution to the commission a month ago. Mr. Davis stated they were not the same resolution at all. Mr. Snead asked if there was a ban on uranium mining in Virginia and was answered by Mr. Davis that there was. Mr. Harville stated that he supported the last resolution and was not going to continue supporting sending more resolutions since one had already been sent. Mr. Pritchett stated that he didn't believe anyone there loved Pittsylvania County more than he did and he stated that whatever happened with the uranium issue, he was totally P31 Adjourned Meeting March 17, 2009 against it unless it could be proven to be mined safely. He supported Mr. Davis's earlier resolution but does believe in allowing the study in order to make an informed resolution. He respected Mr. Davis's motion and resolution but feels the study needs to be done. And, he wanted to state for the record, in board decisions being made, he makes his own decision and not someone else's. Mr. Ecker stated that he felt it doesn't help to be letting the commission know how we feel about mining in Pittsylvania County and we are trying to care about the citizens and what happens to them. The following vote in support of Mr. Davis's motion 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. Davis's motion failed by a 4 to 3 vote opposing the resolution. Mr. Ingram made a motion, seconded by Mr. Pritchett, to send Resolution 2009- 03-02 to Dominion Virginia Power stating that they upgrade their emergency service capabilities in Pittsylvania County and that they were ill-prepared for the winter storm in March 2009 causing power outages to a number of citizens in the Callands-Gretna area. The following 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. Ingram's motion was unanimously approved. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-03-02 VIRGINIA: In the General District Courtroom in the Edwin R. Shields Courthouse Addition on Tuesday, March 17, 2009, the following resolution was presented and adopted: WHEREAS, Pittsylvania County suffered severe weather on March 2, 2009, that left ice and snow up to ten (10) inches in various areas of the County; and WHEREAS, these winter storms caused significant interruptions for electric power service for citizens of Pittsylvania County; and WHEREAS, Dominion Virginia Power, along with Mecklenburg, APCO and the City of Danville provide power to the citizens of Pittsylvania County; and WHEREAS, with five (5) separate electric service companies providing service to the County, emergency response teams are critical during severe weather; and WHEREAS, Dominion Virginia Power is one of the largest electric service companies in the Commonwealth of Virginia was not prepared to adequately respond in Pittsylvania County for the outages in the Callands/Gretna area; then BE IT HEREBY RESOLVED, by the Board of Supervisors of Pittsylvania County that they respectfully request Dominion Virginia Power to upgrade its emergency service plan for severe weather in Pittsylvania County and submit a copy of that plan to Pittsylvania County Office of Emergency Service with the required contacts to ensure P32 Adjourned Meeting March 17, 2009 that the County can receive adequate response from Dominion Virginia Power for the service areas they have in Pittsylvania County. Given under my hand this 17th day of March, 2009 Motion was made by Mr. Barber, seconded for discussion by Mr. Snead, to request the Commonwealth of Virginia to move the reassessment cycle from every four years to every six years and to raise the minimum population to 65,000 or less. Mr. Sleeper stated that what the reassessment affects is the Composite Index and that relates to your ability to pay and goes back to the school system formula, which is a county's most costly things in local government. What the State wants localities to actually do is assess more often because the locality gets closer to its true value of ability to pay and the farther off the locality is, the harder it is to pay. When Pittsylvania County didn't complete its reassessment in 1975, the State withheld all of its state funding to the Pittsylvania County until the county completed its reassessment because the State wanted those numbers back up so that it could do the percentage formula for the composite index. Mr. Davis pointed out that by raising that population number, this would affect more than Pittsylvania County; asking the State to change this statute would affect every city and every county in the State. He didn't have any problem asking for it, but to remember what we would be asking would be to change every other area in the State as well. The following 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. Barber's motion was unanimously approved by the Board. Mr. Barber had requested Mr. Sleeper find a breakdown of the lottery funds for the Commonwealth of Virginia and how those funds are distributed throughout the Virginia and how much is involved in those distributions. Mr. Sleeper stated the most current audit of the lottery funds was the State's 20`" Anniversary accounting of the 2008 Lottery Funds. Per that audit, Pittsylvania County has received $14.6 million since 1999 from lottery funds from the Commonwealth of Virginia for the operation, construction and renovations of Pittyslvania County Schools. Furthermore, the audit reported that 32.5% of the funds raised from the lottery funds go to schools throughout Virginia; 5.3% of the funds are used as operating expense for the lottery program; 5.6% of the funds are given back to various retailers that help sell the lottery tickets; and roughly 57% of all funds raised are returned in prizes. It appeared from the audit that roughly $1.4 billion went through the lottery funds in 2008 and over $700 million was given back in prizes; slightly more than $455 million was given to the Commonwealth of Virginia schools for general operations of schools. Motion was made by Mr. Ecker proposing amendments to the County's Litter Ordinance, Chapter 33 of the Pittsylvania County Code, to mirror the Code of Virginia, reflecting the same impact and cost of fines on littering in Pittsylvania County as the State Code. Currently the Pittsylvania County Code of Chapter 33, Article II, Section 1 (b) states a person convicted in Pittsylvania County of littering shall be punished by a fine of not less than $25 nor more than $500 and by imprisonment for not more than 30 days in jail, either or both. By amending the County Code to mirror the Code of Virginia, P33 Adjourned Meeting March 17, 2009 §33.1-346 (C), the fine would become not less than $250 or more than $2,500 and jail confinement of not more than 12 months, either or both and that in lieu of penalty, the court may order the defendant to perform community service in litter abatement activities. Mr. Davis stated that if Mr. Ecker would modify his motion to hold a public hearing for his proposed changes, he would second that motion. Mr. Ecker modified is motion to ask for a public hearing for his proposed amendments to Chapter 33 of the County's Litter Ordinance. Mr. Snead stated that he whole heartedly agreed on this and had spoken to Sheriff Mike Taylor, who stated he wished he had the man power in the Sheriff's department to enforce the ordinance. Mr. Snead asked Sheriff Taylor how many cases does he remember and the Sheriff responded that unless someone called with a complaint at a dump site, that he didn't have any. Mr. Snead's question is that he doesn't mind bringing the County's code in compliance with the State's, and he has some problem areas in his district that need addressing, but how would the County be able to enforce the code? Mr. Harville stated he was not going to support it and that he had checked with what goes on in the localities and what goes on in District Court and they just don't have these things coming through; he feels the fines in place are sufficient for the citizens of this County. Mr. Harville further stated that he had checked with the City of Danville and the judge there has given people there community service. Judges have leeway of giving community service on this type of things. He then said that the county doesn't want to have cases of where a child throws something out and the county giving the pazents tickets. Mr. Ecker stated that part of the problem of nothing getting to the Sheriff's office is because it's not worth the effort of a citizen or the Sheriff's department to pursue something that only has a $25 fine; that as supervisors we should want to see the county cleaned up and the ordinance needs to have enough teeth in it to make it a pursuable offensive and that would make people think twice before littering. The following vote was recorded in favor of holding a public hearing: Mr. Ingram -Yes, Mr. Bazber - No, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. Mr. Ecker's motion to hold a public hearing on proposed amendments to Chapter 33 of the Pittsylvania County Code passed by a majority vote of 5 to 2 and a public hearing date of Apri16, 2009 at 7pm was set. Motion was made by Mr. Ecker, seconded by Mr. Davis, to send to Senator Robert Hurt a resolution from the Board in support concerning a 1% local sales tax increase, to help generate more revenue for the County aside from raising real estate and property taxes. Mr. Davis stated that he has made this motion several times over the years and was turned down by the State, but that he agreed with Mr. Ecker and therefore supported his motion. Mr. Harville stated he was going to oppose this because this was just another tax and he said that earlier tonight the people speaking during the public hearings asked where was taxing going to stop. Mr. Ingram stated that if the County could get taxes other than real estate and personal taxes, then the County should try to get that passed. There were a lot of people in the County who do not own taxable personal property and real estate, but they do eat out and they do buy items and this tax was be a more fair tax to everyone. He also wanted to let the people in the audience know that the Board did not like raising taxes but at least a sales tax was a fairer tax across the board than real estate and personal property. Mr. Snead said he had no problem in supporting sending the resolution. Mr. Davis stated that his constituents have said this is the one tax P34 Adjourned Meeting March 17, 2009 they would be willing to support because it was fair to everyone. Mr. Harville said he felt the board needed to concentrate on finding ways to cut increasing taxes instead of increasing them. The following 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. Mr. Ecker's motion passed by a majority vote of 5 to 2 by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-03-04 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, March 17, 2009, the following resolution was presented and adopted: WHEREAS, Pittsylvania County, along with a number of other Southside counties, have been suffering severe economic impacts due to significant changes in the Tobacco Allocation Program; and WHEREAS, Pittsylvania County is struggling to recover from significant job losses in textiles, furniture, and tobacco due to industries moving jobs overseas; and WHEREAS, these reductions in local economies have placed increased burden on real estate taxes; counties have little alternatives for additional taxing or additional incomes to offset changes in losses due to declining economies; and WHEREAS, Pittsylvania County, in order to expand its economic development profile, has made significant investments into the upgrades of the Pittsylvania County School System, including new construction and expansions of existing facilities; these changes require significant financial investments placing additional burdens on real estate; then BE IT HEREBY RESOLVED, that the Pittsylvania County Boazd of Supervisors requests the General Assembly of the Commonwealth of Virginia to approve legislation that will enable Pittsylvania County to enact a one (1%) percent local sales tax to assist in increasing the County's School System expansion and revenues for general operation; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwazded to all Delegates representing Pittsylvania County and required subcommittees to provide the legislation for the requested one (1%) percent sales tax. Given under my hand this 17`~ day of Mazch, 2009 Motion was made by Mr. Davis, seconded by Mr. Barber, to awazd Cavalier Equipment Corporation, who was the lowest responsive bidder to meet the County's minimum specifications for 2 compactors and 2 containers for Solid Waste in the amount of $38,534.54 on the compactor for the new compacter of W.I. Powell Road and $21,084 P35 Adjourned Meeting March 17, 2009 for the second compactor to be used as a spaze; the County will not purchase the spare; and that the Board transfer $41,122 from the Roll Off Truck line of the budget to the New Compactor Site line item to cover the $38,524.54 for the new compactor purchase. The following 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. Davis's motion passed by unanimous vote of the Board. Motion was made by Mr. Bazber, seconded by Mr. Snead, to award Virginia Truck Center of Roanoke who was the lowest responsive bidder at $126,513 for a new Roll-Off Truck and this money already being in the budget for the purchase. The following 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. Barber's motion passed by unanimous vote of the Boazd. Motion was made by Mr. Davis, seconded by Mr. Snead, to appropriate $3,430,736 to the Comprehensive Policy and Management Board Budget Pool Funds and appropriate $467,441.46 of unappropriated surplus as this is a mandated program from the State of Virginia. Of the $3,430,736, $2,963,294.55 is State money. This motion required a 10-day layover. Mr. Ingram asked Mr. Sleeper to explain to the audience what a mandate meant. Mr. Sleeper stated that a state mandate funding meant that if the County did not pay the state mandated amount of local funds to a program, the State would come in and pay it, and raise that locality's taxes to pay for it. Mr. Pritchett made a motion, seconded by Mr. Snead, to send a letter to the Tobacco Indemnification and Community Revitalization Commission (TICRC) in support of the Dan River Business Development Center's (DRBCD) grant application in the amount of $350,000 with the TICRC. Mr. Davis asked if there was a local match of this grant required and Mr. Sleeper stated that the local money we already budget. The County and the City of Danville budget $50,000 each annually for the DRBCD. Mr. Davis also pointed out this grant is in competition for Economic Development Funds and if it goes to the DRBCD, then the County won't get if for its Economic Development Funds. Mr. Ecker asked for clarification was this grant application in competition the Town of Gretna's application, the Mega Park and the Old Dominion Agriculture Center. Mr. Sleeper confirmed that it would. The following 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. Pritchett's motion passed by majority vote of 5-2 of the Board. Motion was made by Mr. Snead, seconded by Mr. Davis to table the agenda item, Contract between Pittsylvania County and the City of Danville to a later date, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve an agreement between Pittsylvania County, the City of Danville, and the Regional Industrial Facilities Authority (RIFA) concerning reimbursements from the Virginia Tobacco Indemnification and Community Revitalization Commission (TICRC) on grant P36 Adjourned Meeting March 17, 2009 applications made on the behalf of RIFA, which means regardless of who applies for the grants, both the City of Danville and Pittsylvania County would be equally responsible for paying back funds received 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. The following 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 passed by 5-2 majority vote of the Board. Added Items Mr. Sleeper stated there is currently a vacancy that represents Pittsylvania County Economic Development, Inc., which has basically dissolved, on the Dan River Business Development Center (DRBDC) Board but it is in their bylaws that a representative from that agency fill that seat. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to ask the DRBDC Board to amend their bylaws and incorporate an appointment by the Board of Supervisors for a representative for economic development. The following 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. Pritchett's motion passed by unanimous vote of the Board. Mr. Sleeper said there was a request by a citizen who wants to clean up his mother's property from trash that had been illegally dumped on her property by person(s) unknown. The citizen had asked if the County could provide a container on side for him to put the illegal trash in as he cleaned it up. Mr. Sleeper stated the County has not done that in the past; the County has waived tipping fees in the past, especially during clean up months. Mr. Sleeper pointed out that before the Board makes their decision, to keep in mind that if the container is moved onto the citizen's property, then there would be a considerable amount of requests from other citizens for the same service. Mr. Harville asked Mr. Light, legal counsel, if the Board did this for one citizen, in fairness, they would have to do it for any citizen asking. Mr. Light stated that it would be the fair thing to do. Mr. Davis stated that this citizen was in his district and he had to stand up for his district's constituents; therefore, he made a motion to allow the citizen use of a trash box, but if that motion failed, Mr. Davis has a second motion to make on this issue. Mr. Ecker seconded Mr. Davis's motion. The following vote was recorded: Mr. Ingram - No, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett - No, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville - No. Mr. Davis's motion failed by a 6-1 majority vote of the Board. Mr. Davis then made a second motion, seconded by Mr. Ingram, to waive the tipping fees at the landfill for this citizen during the cleanup of his mother's property. The following 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. Davis's second motion passed by unanimous vote of the Board. Mr. Mitch Quill, of Hither Lane, told the Board in the past there had been problems with 361 feet of the Hither Lane project. The land was owned by several P37 Adjourned Meeting March 17, 2009 individuals and not all could be found to sign easements. Since owners have changed of some properties, due to death and other circumstances, Mr. Quill has asked the Boazd not to condemn the property fora 90 days to extend the project so that he can get all the paperwork in order for the Virginia Department of Transportation (VDOT). One of the new owners needs VDOT to come show him where exactly the project will be running. Mr. Davis made a motion, seconded by Mr. Snead, for the County to contact VDOT and have them contact Mr. Quill and show him where they anticipate putting right-of--ways and have them continue with the project. Mr. Davis said he was told by VDOT that they needed something from the Board directing them to re-activate this project and to show Mr. Quill where anticipated right-of--ways will be. Mr. Ecker asked that after 90 days and agreements had not come together, what happened with the project? Mr. Sleeper said that it was on a 6-year plan, so he was not sure. Mr. Barber asked if the funding for that project and Mr. Sleeper stated that it was. The following vote was recorded: Mr. Ingram - Yes, Mr. Bazber - No, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. Mr. Davis's second motion passed by a majority 5 - 2 vote of the Board. Motion was made by Mr. Davis, seconded by Mr. Snead, to approve payment to Region One for the month of April. The following vote was recorded: Mr. Ingram - Yes, Mr. Bazber - No, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville -Yes. Mr. Davis's motion carried by a 6-2 vote of the Boazd. Reports from Board Members Mr. Ingram commended Mr. Harville on his handling of the Boazd meeting tonight, particularly with the public hearing. Mr. Barber wanted everyone to remember the family of Reuben Moore, who passed away this week. Mr. Snead wanted to congratulate the Dan River Wildcats Basketball Team and their coach, which would be attending the April 6, 2009 to receive a resolution from the Board on their outstanding basketball season and their first trip ever to a State Championship game. Mr. Ecker reminded everyone that National Beautification and Clean Up Week is April 5-11, 2009 and encouraged everyone to go out and pickup some piece of trash. This will be in conjunction with the Town of Hurt; the town's will begin on Apri14. Mr. Harville commended the Boazd on meeting with the Industrial Development Authority (IDA). The meeting was a good start and long overdue. Reports from Officers and Committees and County Administrator P38 Adjourned Meeting March 17, 2009 The Finance Committee recommended, because of the stimulus money received by the schools, which increased the proposed County Budget for FY2009-2010 to $220,489,516, two new public hearings would need to be held; one for the School Budget and one for the County Budget on Monday, March 30, 2009 at 7:OOpm and the Board could not vote until the April 6, 2009, meeting the 7-day layover requirement to vote. The Board voted unanimously to hold the public hearings at the recommended dates. Closed Session Motion was made by Mr. Snead, seconded by Mr. Barber, to go into Closed Session under the following authority: Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring the provision of legal advise by such Counsel. Authority: §2.2-3711 (A) (7) of the Code of Virginia, 1950, as amended. The Board entered Closed Session at 10:O5pm. The following certification resolution was read and approved by the following roll ~ t~ call vote: ~, r a' l,J~ PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY ~~t!'J C rr CLOSED MEETING BE IT RESOLVED that at the adjourned meeting of the Pittsylvania County Board of Supervisors on March 17, 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 P39 Adjourned Meeting March 17, 2009 Motion to go back into open session was made by Mr. Ingram, seconded by Mr. Davis and the Board approved the motion unanimously. The Board reconvened Open Session at 10:20pm. Motion was made by Mr. Davis, seconded by Mr. Ecker, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 10:20pm. P40