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05-19-2009 BOS Adjourned MeetingAdjourned Meeting May 19, 2009 VIRGIMA: The adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, May 19, 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, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker gave the invocation and led the pledge of allegiance. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the agenda with the following additional items: (a) Dewberry Contract Amendment - Phase I Groundwater Monitor (b) Funding Request from Recreation Advisory Board of Supervisors (c) Old voting machines - Mr. Harville (d) Re-advertise a Public Hearing on Budget Amendment (e) Closed Session -Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: § 2.2-3711 (A) (1) of the Code of Virginia, 1950, as amended. (f) 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. (g) Request to set a public hearing for Resource Recover Act on a Local Assistance Grant from the U.S. Department of Justice (JAG) Grant (h) Contracts for Utilities Relocation at the Gretna Industrial Park Mr. Barber's motion was unanimously approved by the Board. Hearing of Citizens Mr. Phillip Lovelace of the Callands-Gretna District told the Board he was upset that only letters had been written to the Environmental Protection Agency and no phones calls made concerning the contamination of another citizen's drinking water well. Adjourned Meeting May 19, 2009 Mr. George Stanhope, of the Callands-Gretna District, made comments concerning uranium dust, which gives off low level radioactivity and the Board needed to consider all the uranium dust that would cover Pittsylvania County should mining occur and how it would also travel downstream several hundreds of miles from Pittsylvania County. Mr. Allen Gross, of the Banister District, asked the Board to consider what uranium mining would do to the local farmers, like the dairy farmers they honored with a resolution at the last board meeting, and shouldn't the Board be studying the economic impact of farm contamination do to the County. The last speaker was Mr. Richard Shumate of the Westover District who made comments opposing the development of a new industrial park and for the Board to stop borrowing money. This concluded speakers at the Hearing of the Citizens. Consent Agenda (a) Resolution for Child at Play signs -High Street/SR 1097 and Oak Street/SR 1092 (b) Resolution to Virginia Department of Transportation (VDOT) on Rural Rustic Roads (c) Resolution to VDOT to review the speed limit on Blue Ridge Drive and reduce it from 55 miles per hour to 45 miles per hour (d) Ratify Resolution 2009-OS-OS -National Association for the Advancement of Colored People (NAACP) 100th Anniversary (e) Request from Keeling Volunteer Fire Department to waive the Landfill Tipping Fee (f) Workforce Investment Act (WIA) -Stimulus Appropriation (g) Project Lifesaver (h) Regional One -June payment (i) Audit Appropriation Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve the Consent Agenda with item b, which Mr. Ingram asked to be pulled & item h that Mr. Ecker asked to be pulled, for separate consideration by the Board. The Board unanimously approved Mr. Ecker's motion. Mr. Ingram stated that the Board had received a letter from VDOT stating there would be no new road construction from 2009-2015 and he had people living on road that had dangerous intersections and couldn't vote on the Resolution to VDOT on the Rural Rustic Roads. Mr. Harville agreed, stating he couldn't either. Mr. Snead made a motion, seconded by Mr. Davis, to approve Resolution 2009-OS-04 and authorize the County Administration to sign on behalf of the Board of Supervisors. The following vote was recorded: Mr. Ingram - No, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. Mr. Snead's motion passed by a majority 5-2 vote of the Board. Mr. Ecker made a motion, seconded by Mr. Barber to not pay the June appropriation in the amount of $8,334.34. Mr. Snead asked Mr. Ecker why he didn't want to pay the appropriation and didn't he want ambulance service in the northern part of the County, one that also covers the rest of the County. Mr. Ecker stated that he disagreed with paying a For Profit company in Pittsylvania County when there were other Adjourned Meeting May 19, 2009 services to provide ambulance service. Mr. Snead stated he didn't think they really had any ambulance service provided in the northern end of the County and asked Mr. Sleeper about that. Mr. Sleeper stated there were volunteer services in the northern portion of the County, but the response rate to calls was very low. Mr. Snead stated then if the County didn't pay this bill, then there was no back up service for northern end of the County, or the entire County for that matter and until there was a back up system in place, he could not support not paying the June payment to Regional One and the County needed to continue paying them. Mr. Ingram then made a substitute motion, seconded by Mr. Pritchett, to continue paying Regional One on a month to month basis until an alternative solution for back up ambulance services to the entire County, that was reliable, was in place, because if there was not back up services, then someone was going to die. The following vote was recorded for the substitute motion: Mr. Ingram -Yes, Mr. Barber - No, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis -Yes, Mr. Ecker - No and Mr. Harville -Yes. Mr. Ingram's substitute motion to pay the June payment of $8,334.34 to Regional One passed by the Board 5-2 majority vote. Public Hearings Rezoning Cases Case 1: James and Janie Cabiness; Dan River District ; R-09-019 Mr. Harville opened the public hearing at 7:21pm. Mr. Sleeper explained James and Janie Cabiness had petitioned to rezone 21.15 acres, located on Brumfield Road/SR 714 in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for placement of a second dwelling in the future to be used as their residence and future division of property for family members). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Cabiness was present to represent the petition. No one signed up to speak. Mr. Harville closed the public hearing at 7:22pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to rezone case R-09-019 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. Mr. Snead's motion was unanimously approved by the Board. Mr. Harville stated case R-09-019 had been rezoned from R-1 to A-1. Case 2: Gladys Myers Yeatts; Callands-Gretna District; R-09-020 Mr. Harville opened the public hearing at 7:24. Mr. Sleeper explained that Gladys Myers Yeatts had petitioned to rezone a total of 15.20 acres, (per plat), located on Sandy Road/SR 765, in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to survey off the house and retain the rear portion for family). Roger and Pat Dalton were present to represent the petition. No one signed up to speak. Mr. Harville closed the public hearing at 7:25. Motion was made by Mr. Ingram, seconded by Mr. Snead, to rezone case R-09-020 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. Mr. Ingram's motion was unanimously approved by the Board. Mr. Harville stated case R-09-020 was rezoned from R-1 to A- l . Public Hearing: old Chatham Elementary School: to receive public input on the disposal of County property in accordance with §15.2-1800 of the Code of Virginia, 1950, as Adjourned Meeting May 19, 2009 amended. The intent of the hearing is to transfer a portion of property of the old Chatham Elementary School to the Town of Chatham. Mr. Harville opened the public hearing at 7:27pm. Mr. Sleeper explained the Board of Supervisors had been working on a variety of programs concerning the old Chatham Elementary School since 2001. One of the options from those various proposals was simply to transfer the ownership of the old Chatham Elementary School to the Town of Chatham. The first person to speak was Mary Catherine Plaster, of the Chatham-Blairs District, with comments encouraging who ever ended up with the property to deeply consider taking step in preserving the school. Ms. Plaster offered to help find preservation grants to apply for, as well as any other services she could provide in helping keep the building preserved and a viable part of the community. Next, Mr. Bill Black, president of First Chatham, made comments suggesting the County retain possession of the school and use the space for County offices. Ms. Eloise Nenom, Chatham-Blairs District, was in favor of giving the school over to the Town of Chatham with the hopes that the Town of Chatham would preserve the school. Mr. Mike Jones, Manager for the Town of Chatham, stated there were several things the Town could possibly do with the building should the County transfer the property to the Town. He had visions of restoration and possibly relocating the Town's offices there, but asked if the County did transfer the property to the Town, it do so without restrictions on the property. When asked by Board members if the Town was accepting the property, Mr. Jones stated he was not in a position at that time to speak for the Town Council, since the Council had as of yet to know exactly what was being offered. For instance, was the property being offered with or without restrictions? Prior to the public hearing, the Council was not clear on how much property was being offered with the school Until those questions were resolved, the Council could not state if they would accept the property if it was given. Mr. Jim McDowell, of the Town Council but appearing before the board as a citizen, stated he felt the property could be best served as offices for the County. The last person to speak was Mr. Richard Shumate of the Westover District who made comments in favor of the County moving its offices into the school. Mr. Harville closed the hearing at 7:40. Mr. Ecker made a motion, seconded by Mr. Davis, to keep the building and if the County didn't wish to retain possession, then the County could sell the property itself rather the Town, as it was Mr. Ecker's and Mr. Davis's understanding that that some of the several alternatives the Town considered if it should take possession of the school was to sell it. Mr. Barber made a substitute motion, seconded by Mr. Snead, to give the Town of Chatham the property unrestricted. A second substitute motion was made by Mr. Ecker, seconded by Mr. Davis, to table the issue until the Town decided whether they wanted to accept possession of the property, and if so, submit a formal plan of intent for the property to the Board. Mr. Jones stated that until the Board was clear on how they would give the property to Town Council (as in restricted or unrestricted) then Town Council could not answer on whether they would or would not accept the property if given to them. The following roll call vote was recorded for Mr. Ecker's substitute motion : Mr. Ingram -Yes, Mr. Barber - No, Mr. Snead - No, Mr. Pritchett - No, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville - No. Mr. Ecker's substitute motion to table the issue failed by a majority 4 to 3 vote of the Board. The following roll call vote was recorded for Mr. Barber's substitute motion to give the property to the Chatham Town Council, unrestricted: Mr. Ingram -Yes, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Yes, Mr. Davis - No, Mr. Ecker - No and Mr. Harville -Yes. Mr. Barber's substitute motion to give the old Chatham Elementary School to the Town of Chatham passed by a 5 to 2 majority vote of the Board. Adjourned Meeting May 19, 2009 Public HearinE :Request for Controlled Area under Chapter 2, Section 2-22(b) of the Pittsylvania County Code for the Huckleberry Hills Subdivision, to begin on Banley Road and continue until Banley Road intersections Blue Ride Drive. Mr. Harville opened the public hearing at 8:02. Mr. Sleeper explained that 8I% of the property owners in the Huckleberry Hills Subdivision had signed a petition in favor of a controlled area, had turned that petition into the County Administrator's office; the petitioners' names had been verified as to whether or not they were property owners and at the Board's May 4, 2009 meeting, the Board had unanimously approved to hold the public hearing for citizen input concerning this matter. The first person to speak was Peggy Chaney, property owner and resident of Huckleberry Hills Subdivision. Ms. Chaney stated that she was in favor of approving a controlled area. Next, Mr. Jimmie Osbourne, also a property owner and resident of the subdivision, spoke in favor of it becoming a controlled area. Last, Mr. Robert Blair, property owner and resident of Huckleberry Hills Subdivision, spoke in favor of the subdivision becoming a controlled area. Motion was made by Mr. Ecker, seconded by Mr. Snead, to amend Chapter 2, Section 2-22 (b) of the Pittsylvania County Code to include Huckleberry Hills Subdivision as a controlled area. Mr. Barber stated that he was concerned about the large farm property at the far end of Banley Road and how difficult it would be for Animal Control to enforce such a large amount of property. After discussion and agreement by Mr. Blair, Mr. Osbourne and Ms. Chaney, Mr. Ecker amended his motion, which was seconded by Mr. Snead, to make Huckleberry Hills Subdivision a controlled area that would encompass all the houses in the subdivision and 250 feet around the houses. 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 amended motion was unanimously approved by the Board. Mr. Harville stated that Huckleberry Hills Subdivision was now a controlled area and directed the County Administrator to advise the Chief Animal Control Officer so that he made have signs prepared and posted at the subdivision declaring it to the public as an animal controlled area. New Business Motion was made by Mr. Pritchett, seconded by Mr. Ingram, to name the solarium addition to the Social Services Building the Gerald F. Todt, Sr. Solarium. Mr. Ecker asked why was the nomination after someone who was still living. Mr. Sleeper stated the recommendation for the name came from the Social Services Board. Mr. Ecker stated that he did not agree with naming a building after a person still living. 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. Pritchett's motion passed by a 6-1 majority vote. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve an application for an Emergency Medical Services (EMS) grantfor TOUGHBOOK COMPUTERS for the use in completing Pre-Hospital Patient Care Reporting (PPCR) and receipts of the approved equipment would be volunteer officially recognized rescue squads based within Pittsylvania County if the grant be approved. Since Pittsylvania County has 28 approved transporting unites based within the county and each TOUGHBOOK COMPUTER costs $3,650 each, the total grant application is in the amount of $102,200. The Board unanimously approved Mr. Snead's motion and authorized the County administrator to apply for this grant. Adjourned Meeting May 19, 2009 Upon a motion by Mr. Ingram, seconded by Mr. Pritchett, the Board unanimously approved expenditure refunds for the month of April 2009 totaling $10,000.26. Upon a motion by Mr. Snead, seconded by Mr. Pritchett, the Board unanimously approved authorizing the County Administrator to advertise a vacant technician position in the Information Technology Department. Upon motion by Mr. Ingram, seconded by Mr. Pritchett, the Board unanimously approved holding a joint public hearing with the Town of Gretna to receive citizen input on the proposed boundary adjustment for the Town of Gretna at 7:OOpm on July 1, 2009 or as soon as legally possible when all board meetings would be present, in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, which was unanimously approved by the Board Added Items Motion was made by Mr. Barber, seconded by Mr. Snead, to amend a contract with Dewberry in the amount of $51,750; $30,300 for a comprehensive groundwater modeling report and laboratory fees of $21,450 needed to complete the report, all of which are required by the Department of Environmental Quality (DEQ) to remain in accordance with the Landfill's Permit #571 issued by the DEQ. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Snead, to fund a $12,500 request by the Recreation Advisory Board (RAB), to be used as a local match for a $12,500 grant from the Danville Regional Foundation, to be used for developing a recreation plan the Board of Supervisors asked the RAB to develop. This motion requires a 10-day layover. Motion was made by Mr. Davis, seconded by Mr. Ecker, to authorize the County Administrator to surplus the approximately 41 outdated voting machines currently being stored. Mr. Davis's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, to re-advertise the October 6, 2009 public hearing for a budget amendment; the last advertisement ran not properly done. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Ecker, to set a public hearing for June 16, 2009 for citizen input regarding the application of a Recovery Act grant in the amount of $45,407 for the Sheriff's Department, one of the requires of the grant being that a public hearing for citizen input be held. Mr. Davis's motion was unanimously approved by the Board. Mr. Ingram made a motion, seconded by Mr. Pritchett, to approve contracts for utility relocations at the Gretna Industrial Park total $191,432.96, which is in the current budget for this industrial park project. Mr. Ingram's motion was unanimously approved by the Board. There was no information from the Legislative Committee at this time. Adjourned Meeting May 19, 2009 Reports from Board Members Mr. Snead reminded everyone of the joint Chamber event at Buddy Mayhew's. Mr. Ecker asked if the EPA had reported back to Mr. Sleeper's letters sent concerning the contamination of drinking water wells of some County citizens. Mr. Sleeper stated that he has not yet received any contact from the EPA and further stated, to answer Mr. Lovelace's previous questions on why the County Administrator had not called, that he, Mr. Sleeper, had called the EPA offices, both regional and national office, but had not yet been given a response from either office. The Virginia Health Department has responded and has promised to review the situation to see what they can do to about his problem. Mr. Harville asked for a county (which was unanimous) on who was attending the Chamber event being held at Buddy Mayhew's. Closed Session Motion was made by Mr. Davis, seconded by Mr. Snead, to enter Closed Session for the purpose of: (a) Closed Session -Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: § 2.2-3711 (A) (1) 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. The Board unanimously approved Mr. Davis's motion. Closed Session began at 8:40pm. Upon motion by Mr. Barber, seconded by Mr. Snead, the Board unanimously approved reconvening to Open Session at 9:22pm. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE TT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on May 19, 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. Adjourned Meeting May 19, 2009 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. Pritchett, seconded by Mr. Snead, to authorize Staff to draft a performance agreement to evidence incentive for the location for an unnamed, unannounced industry, tentatively identified as Project 2009-OS-06; incentives to consist of $250 per job for up to 23 jobs and a rebate of $202 conditioned and payable upon the location of taxable machinery and tools by that industry in Pittsylvania County under $90,000 and the County will also install an appropriate sign at the location of the industry. Mr. Pritchett's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber to authorize the Staff to make an application for Tobacco Region Opportunity Funds (TROF) in the amount of $120,000 for the expansion of an as of yet unnamed industry, tentatively identified as Project 2009-OS-OS. The Board unanimously approved Mr. Snead's motion. Motion was made by Mr. Ingram, seconded by Mr. Davis, for Staff to submit a special project application and authorize the County Administrator to sign the application, in the amount of up to $1.5 million dollars, for benefit of an unnamed, unidentified industry tentatively identified as Project 2009-OS-07. Mr. Ingram's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Davis, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 9:30pm.