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05-04-2009 BOS Regular MeetingRegular Meeting May 4, 2009 Pittsylvania County Board of Supervisors Monday, May 4, 2009 Regular Meeting VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, May 4, 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 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. Davis gave the invocation and Pledge of Allegiance. Items to be added The following items were added: a) Out of State Travel for the Director of Emergency Management b) Closed Session -Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority §2.2-3711(A)(3) of the Code of Virginia, 1950, as amended. c) Closed Session -Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Authority: §2.2- 3711(A) (5) of the Code of Virginia, 1950, as amended. d) Closes Session -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 advice by such counsel. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended. e) Change Order 2 -Lakeside Drive Sanitary Sewer f) Virginia Sesquicentennial of the American Civil War Commission - Request for Local Input Regular Meeting May 4, 2009 g) Letter of Support to the Danville/Pittsylvania Community Services for a grant for a health clinic -Mr. Pritchett h) Re-appointment of Ms. Gayla Wood to the Danville/Pittsylvania Community Services Board.-Mr. Harville, who also asked this added item be placed on the Consent Agenda. - Mr. Davis, who agreed to move this item to the Consent Agenda. Motion was made by Mr. Davis, seconded by Mr. Ecker, to approve the agenda, with the added items and to place added Item h on the Consent Agenda. Mr. Davis's motion was unanimously approved by the Board of Supervisors. Hearing of the Citizens The first person to speak was Mr. Phillip Lovelace of the Callands-Gretna District with requests for additional metals to be tested for on drinking water wells, and that the group he is part is using ageo-chemist and geo-hydrologist to come behind the County and the Environmental Protection Agency (EPA) to test drinking water wells, and see if uranium contamination is involved in contamination. Next to speak was Ms. Debbie Sparks, also of the Callands-Gretna District. She informed the Board of a blog she managed on the Internet to help provide the public with an alternative way of communication about County issues. Ms. Sparks also told the Board she had helped Mr. Ecker develop his own blog and that it was linked to the blog she managed and, she would be willing to freely help any Board member that wished to develop their own blog, where the public could contact them directly. Ms. Barbara Hudson, of the Callands-Gretna District, addressed the Board with comments opposing the Board's bond re-financing plans and how it was presented by Mr. Barber at the board meeting and not to the Finance Committee, that she had issues with how the County issues bonds and refinances bonds, raised questions concerning conflict of interest towards Mr. Harville since he had investment ties in Davenport and Company, who was the financial counsel for the bond refinancing plan, and lastly made comments concerning contracts and Requests for Proposals (RFPs) to underwrite bonds. Mr. Allen Gross, of the Banister District, thanked all the Board members for their help in his well water contamination issue and his neighbors as well. He also made opposing comments to uranium mining in the County. He further mentioned the hazards and aftermath conditions from an area he visited in West Virginia where mountain top removal mining occurred and how the only people living there were miners; everything else was closed and/or boarded up. He asked the board consider this information before allowing uranium mining in Pittsylvania County. The last person to speak was Mr. Richard Shumate of the Westover District with opposing comments to the County's $500 donation for a beauty pageant contestant. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: April 6, 2009, Regular Meeting April 17, 2009, Adjourned Meeting (b) Bill List: Apri12009 Regular Meeting May 4, 2009 (c) Proclamation for Business Appreciation Week 2009 (d) Resolution 2009-OS-O1 -Virginia Department of Transportation (VDOT); Walnut Place and Azalea Lane of the Walnut Creek Subdivision into the Secondary Road Maintenance System (e) Resolution 2009-OS-02-Cobblestone Milk Cooperative (Added to Consent Agenda) (f) Re-appointment of Gayla Wood to the Danville/Pittsylvania Community Services Board Mr. Ecker asked the following corrections be made to the Apri16, 2009 minutes: 1. The vote concerning approving a one year extension of the annual lease by Pittsylvania County Youth Sports for the operation of the Blairs Community Center should be that the board approved this extension by 6 to 1 vote. 2. On the motion to appropriate $105,000 from the Tobacco Opportunity Funds for Donnachaidh Associations, the vote should be recorded as a unanimous approval of the Board. 3. On the motion to appropriate $1,353,718.76 to a new fund (Fund 210) for School Bus Leases, Mr. Harville's vote should be recorded as "Yes", and thus a unanimous approval by the Board. 4. It should be noted in the minutes that Mr. Ingram's motion 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 received a unanimous vote of approval by the Board. 5. One page 27 of the Board Packet, first paragraph, the last sentence to appropriate $36, 724.33 to the Legal Services line from line Shared Expense Sheriff should be eliminated as it is relevant to that item and that the word sing be corrected to say "sign". Mr. Ecker also questioned shouldn't there be a vote recorded in the minutes concerning a Memorandum of Understanding between the Virginia Cooperation Extension and the County since a motion was made. Review of the recorded tape of that board meeting noted that while initially a motion was made to for action on this item, the Chairman asked this item be referred to the Finance Committee to review on April 21, 2009 and not voted on at the Board's regular meeting on April 6, 2009. Thus the motion was withdrawn. This section of the minutes will be corrected for better clarification of what occurred on the April 6, 2009 meeting. Mr. John Light asked that Mr. Snead's motion concerning the Re-organization Plan for the County's Landfill include there was a net savings of approximately $40,000. Motion was made by Mr. Davis, seconded by Mr. Snead, to approve the Consent agenda, with the addition of Item f, and the addition of the previously noted corrections to the April 6, 2009 minutes made by Mr. Ecker and Mr. Light. Mr. Davis's motion was unanimously approved by the Board. The Board presented Resolution 2009-OS-02 to local members of the Cobblestone Milk Cooperation; Hammock Dairy, represented by Lindy Hammock; Motley Dairy, represented by Tommy Motley; Mountain View Farm, represented by Roger Jefferson; and Van Der Hyde Dairy, represented by Roy Van Der Hyde. Regular Meeting May 4, 2009 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-OS-02 WHEREAS, Cobblestone Milk Cooperative was formed in January 2007; and WHEREAS, the Cooperative consists of a small group of mostly large dairy producers which includes Hammock Dairy, Motley Dairy, Mountain View Farm and Van Der Hyde Dairy; and WHEREAS, last year, Cobblestone's producers, who average 1,000 cows per dairy, shipped just under 300 million pounds of milk, making it the 40`'' ranked dairy co-op in the United States in terms of volume; and WHEREAS, Cobblestone Milk Cooperative enforces amilk-quality program that is unprecedented in the country and was the driving force in creating the cooperative; and WHEREAS, the founding members believe high-quality milk will always be in higher demand than average-quality milk, giving them a marketing edge; and WHEREAS, during its two years in operation, none of its members have ever faltered in maintaining an exceptional quality grade of milk through constant vigilance, communicating with their producers weekly, their willingness to help each other and believing their own farms are no more than an extension of the entire cooperative; and WHEREAS, Cobblestone Milk Cooperative was recently recognized in a national dairy publication known as "Dairy Today ", in the April 2009 edition, under the heading America's Best?, and the editor's opinion that Cobblestone Milk Cooperative could possibly be producing the highest milk quality in the country; then THREFORE BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County commend and congratulate the local members of the Cobblestone Milk Cooperative, Hammock Dairy, Motley Dairy, Mountain View Farm, and Van Der Hyde Dairy, on their recent national recognition; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Hammock Dairy, Motley Dairy, Mountain View Farm and Van Der Hyde Dairy.Mr. Roger Jefferson thanked the Board for their support eight years ago, which gave the local dairy farmers the ability to grow and, for forming the Agriculture Board and hiring Fred Wydner as the Agriculture Director. Public Hearings Mr. Sleeper explained this was a public hearing to clarify the same issue the October 6, 2008 public hearing and that this amendment in the amount of $4,190,000 from unappropriated General Funds balance was for an expenditure to the Regional Industrial Facilities Authority for land purchase. Mr. Harville opened the hearing at 7:36pm. Mr. Phillip Lovelace was the only person signed up to speak. He stated he felt the County didn't need to be helping develop any more new industrial parks until the Regular Meeting May 4, 2009 current parks were filled. Mr. Harville closed the hearing at 7:37pm. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to approve the budget amendments, appropriate the funds and ratify the acts of the County Administrator. Mr. Davis stated he could not support this motion because of the revenue, which he would take up later. Mr. Ecker stated he was in agreement with Mr. Lovelace; if the County had their current industrial parks filled, then he would be happy to support the Mega Park, but not until the current ones were filled. Mr. Ingram asked would this amendment cause the County's balance drop below a 10% balance of the total annual budget. Mr. Sleeper stated that at that specific time, it would not. The following roll call vote was recorded: Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett - No, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville -Yes. Mr. Pritchett's motion passed by a majority vote of 4 to 3 of the Board. New Business Mr. Sleeper stated that in the Board's approval of the 2009-2010 annual budget, the Board of Supervisors authorized the solicitation of bids for sale of General Obligation Refunding Bonds Series 2009. Before the Board was a resolution by bond counsel, authorizing the issuance of the General Obligation Refunding Bonds Series 2009. Ronald Kooch of Davenport and Company, the County's bond counsel, made a presentation to the board, explaining the impact of the refinancing. Motion was made by Mr. Snead, seconded by Mr. Barber, to adopt the resolution and authorize the County Administrator as Clerk for the Board to sign all necessary documentation for the sale and closure of the General Obligation Refunding Bonds Series 2009. A substitute motion was made by Mr. Davis, seconded by Mr. Ecker, to take $900,000 out of the County's Surplus to balance the 2009-2010 budget instead of refinance the bonds. The substitute motion was voted on first and the following roll call vote recorded: Ingram -Yes, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett - No, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. Mr. Davis's substitute motion failed in a 4 to 3 vote of the Board, thus the Board voted on Mr. Snead's motion to adopt the resolution and authorize the County Administrator as Clerk for the Board to sign all necessary documentation for the sale and closure of the General Obligation Refunding Bonds Series 2009. The following roll call vote was recorded: Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett - Yes, Mr. Davis - No, Mr. Ecker - No and Mr. Harville -Yes. Mr. Snead's motion passed by a majority 4 to 3 vote of the Board. Residents of the Huckleberry Hill Subdivision in the Staunton River District submitted a petition signed by 81% of the subdivision's property owners to ask the board to hold a public hearing for citizen input regarding the subdivision, from Banley Street to where it intersects to Blue Ridge Drive be designated as a controlled area under Chapter 2, Section 2-22(b) of the Pittsylvania County Code. Mr. Robert Blair, Mr. J.R. Osbourne, Mr. William Wallace and Ms. Peggy Chaney, all of the Huckleberry Hill Subdivision made comments on dog nuisances in that subdivision and all asked the board to favorably consider holding a public hearing. Motion was made by Mr. Ecker, seconded by Mr. Barber, to hold public hearing for citizen input regarding the subdivision, from Banley Street to where it intersects to Blue Ridge Drive be designated as a controlled area under Chapter 2, Section 2-22(b) of the Pittsylvania County Code on May 19, 2009, at 7:OOpm. The Board unanimously approved Mr. Ecker's motion. Regular Meeting May 4, 2009 Item 12, Service Fee-Ambulance Transport, was tabled. Mr. Sleeper stated that the Board of Supervisors had reviewed and changed the Fire and Rescue policies and procedures during 2009. One of those changes incorporated the utilization of capital funds such that a department could utilize capital funds for equipment and/or payments on their buildings. The original statement of this change said fire and rescue and Mr. Ecker asked that the policy be sent back to the County Administrators office for clarification that eligibility be for volunteer fire departments, combined fire and rescue squads, and rescue squads, which was done and now back before the board. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve the Guidelines and Procedures for Fire and Rescue be approved with the additional wording of Section III-Capital Funding (A)'s subtitle to state Reimbursement Equipment for Volunteer Fire Departments, Combined Fire Departments and Rescue Squads, and Rescue Squads, and that Section IV reflecting $100,000 for trucks. The following roll call vote was recorded: 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 approved by the Board. Added Items Mr. Sleeper stated Mr. Jim Davis, Director of Emergency Management, has been asked to travel to Texas, where the National Emergency Association in Texas as a member of the panel, travel expenses paid for by Intrado, the contractor installing the Voice Over IP in the County's e911 Center that is the only one in the United States. However, registration is $475, which the County would need to pay and the amount is available the budget. Mr. Snead made a motion, seconded by Mr. Pritchett, to approve Mr. Jim Davis's Out of State Travel request, which was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to approve Change Order 2, submitted by Virginia Carolina Paving, in the amount of $1,000 for the placing of the State required sign at the entrance of the Lakeside Drive sanitary sewer project naming the project as a Southern Rivers Watershed Enhancement Grant project. Motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Ecker, for the County Administrator to set up a local sesquicentennial Civil War Committee, and to notify Mary Catherine Plaster, which was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to approve the County sending a letter of support to the Danville/Pittsylvania Community Services in their application for a grant that would extend their services and provide additional staff for citizens in need of mental health services. Mr. Pritchett's motion was unanimously approved by the Board. Regular Meeting May 4, 2009 Report from Board Members Mr. Ecker didn't have a report but asked how much money has Pittsylvania County received in Stimulus Money. Mr. Sleeper stated that while the County has listed $123 million worth of projects listed with the Governor's Office for stimulus money, but it has been very difficult to directly apply since there is no government office and representative that can tell anyone how to get an application done and where to send it. Mr. Sleeper stated that he and Mr. Harville had been closely working with Senator Webb and Congressman Pierrello's office to get the appropriate qualifying projects applications in for stimulus money. Mr. Harville stated the Virginia Resource Authority has holding a workshop on Community Investment on May 14, 2009 at the Danville Institute for Advanced Learning and Research for anyone wanting to go and is free to government officials. Mr. Harville read a Thank You letter for Congressman Tom Pierrello and his family for the County's condolences and flowers during the passing of his father. Mr. Sleeper reminded everyone about the Danville-Pittsylvania Chamber of Commerce Awards Dinner on May 11, 2009 and anyone wishing to go that had yet to receive their tickets to contact his office. Also, when the Board adjourns from this meeting, it will be to adjourn to a Closed Meeting scheduled for Friday, May 15, 2009 at 12:OOpm at the conference room in the Economic Development Office in Chatham, Virginia. Also on the 28`" of May is a Chamber dinner hosted a Buddy Mayhew's farm, and the next regular meeting would be on Monday, June 1, 2009. Mr. Davis stated he would be on vacation and unable to attend the meeting on May 15, 2009. Closed Session Motion was made by Mr. Ecker, seconded by Mr. Snead, to enter into Closed Session under the following Authorities: (a) Closed Session -Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority §2.2-3711(A)(3) of the Code of Virginia, 1950, as amended. (b) Closed Session -Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Authority: §2.2- 3711(A) (5) of the Code of Virginia, 1950, as amended. (c) Closes Session -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 Regular Meeting May 4, 2009 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 advice by such counsel. Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended. The Board unanimously approved Mr. Ecker's motion to enter Closed Session. Closed Session began at 8:36pm. Motion was made by Mr. Ecker, seconded by Mr. Ingram to reconvene to Open Session, which was unanimously approved by the Board. Open Session reconvened at 9:36pm. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on May 4, 2009, the board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Fred Ingram Yes Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Henry A. "Hank" Davis, Jr. Yes Marshall Ecker Yes Coy E. Harville Yes Motion was made by Mr. Snead, seconded by Mr. Barber, for Out of State Travel to Indiana during June 17-19, 2009, for Regional Development Trip, expenses have already been paid for, and which either Mr. Sleeper or Mr. Greg Sides to attend. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 9:40pm.