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06-16-2009 BOS Adjourned MeetingAdjourned Meeting June 16, 2009 Pittsylvania County Board of Supervisors Monday, June 16, 2009 Adjourned Meeting VIRGII~IIA: The adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, June 16, 2009 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Coy E. Harville, Chairman, called the meeting to order at 5:10 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Henry A. Davis, Jr. Marshall Ecker Coy E. Harville Tunstall District Dan River District Banister District Chatham-Blairs District Staunton River District Westover District Mr. Fred Ingram of the Callands-Gretna District was absent. Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel, Mr. Odie Shelton, Director of Zoning and Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber gave the invocation. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the agenda with the following amendment: To strike Item 19, Whispering Pines, from the agenda on the basis that it had already been addressed at the previous meeting with a unanimous vote from the board to move forward. Mr. Ecker opposed the removal of the item, stating he had re-thought about his vote of approval from the previous meeting and wanted to bring back the issue for further discussion. Furthermore, he did not believe that an item placed on the agenda by a board member could be legally removed by another board member's motion. Mr. Harville asked for an opinion on the matter from Mr. Light, Legal Counsel to the Board. Mr. Light stated before he made an opinion, he wanted to consult the Board's By-Laws, Robert's Rules of Order and the Code of Virginia, 1950, as amended. Mr. Harville asked Mr. Ecker if while the Board awaited Mr. Light's opinion, would he mind if Mr. Snead amended his motion to approve the agenda, excluding Item 19 until a discussion on that matter was made. Mr. Ecker conceded to the request. However, Mr. Ecker asked that the Hearing of the Citizens not take place until Mr. Light returned to the Board with an opinion on the matter as the opinion could an effect on who speaks. Mr. Snead then made an amended motion, to approve the Agenda, with the exclusion of Item 19 until Legal Counsel returned with an opinion, which was seconded by Mr. Pritchett. The Board unanimously approved the agenda, Mr. Ingram being absent, with the exclusion of a vote concerning Item 19. Consent Agenda (a) Resolution 2009-06-04 -Carol Motley Adjourned Meeting June 16, 2009 (b) Resolution 2009-06-OS -Chatham High School Baseball; 2009 State Championship (c) Resolution 2009-06-06 - Tunstall Lady Trojans; 2009 Region IV Softball Title (d) Resolution 2009-06-08 -Virginia Department of Transportation (VDOT); Warning Lights at State Road 726 and State Road 360 Intersection (e) Resolution 2009-06-07 - 125`h Anniversary of Hollywood Baptist Church (f) Citizen Corp Grant Application (g) Budget Adjustment (h) National Night Out (i) United Way -Fire & Rescue (j) Project Lifesaver (k) Sheriff s Memorial Fund (1) Request from the Town of Chatham-Use of County Parking Lot During the Town's Monthly Cruise In Event Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the Consent Agenda, except for Item (g)-Budget Adjustment, since that item would need a separate motion because a 10-day layover requirement. Mr. Barber's motion was unanimously approved with Mr. Ingram being absent. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to approve the following reappropriation of expenditure refunds for the month of May 2009 (Item (g) of the Consent Agenda): $130.00 to Treasurer-Training & Education $723.00 to Circuit Court -Service Contracts $148.80 to Sheriff-Subsistence and Lodging $250.00 to Sheriff-Capital Outlay-Veh $852.40 to Extradition $3,125.00 to Gretna Industrial Park-Construction This item required a 10-day layover. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-06-08 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held in the Edwin R. Shields Courthouse Addition on Tuesday, June 16, 2009, the following resolution was presented and adopted: WHEREAS, there have been a number of significant problems at the intersection of State Route 726 and State 360, incorporating several accidents resulting in serious injury and death; and WHEREAS, it appears that this intersection requires notification prior to the intersection of the stop necessary; and WHEREAS, safety warning strips, warning lights or both will be beneficial in improving the safety of this intersection; then Adjourned Meeting June 16, 2009 BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors request that the Virginia Department of Transportation place warning strips and/or warning lights or both prior to the intersection of State Route 726 and State Route 360 in Pittsylvania County; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Commonwealth Transportation Board on the behalf of the citizens of Pittsylvania County. Mr. Harville presented Carol Motley, former Executive Director for Pittsylvania County Economic Development, Inc, (PCED)with Resolution 2009-06-04, commending her work with Pittsylvania County and congratulation her on her retirement. Delegates Danny Marshall and Ron Merricks then presented Ms. Motley with a 2009 House Joint Resolution, HJ834, commending her hard work for Pittsylvania County. Former Senator Charles Hawkins, retired, also spoke on the great work Ms. Motley had done over the years for the County and that it took people like her to help make a community a great place to live and work. Ms. Motley thanked everyone. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-06-04 WHEREAS, Carol Motley began work with the Pittsylvania County Economic Development Organization on July 1, 1989 as a Marketing and Research Associate providing support, background information and marketing analysis to the Economic Development Office for over 20 years; and WHEREAS, on January 1, 1999, Carol E. Motley became Executive Director of the Pittsylvania County Economic Development Organization bringing energetic attitude and a new life to the Pittsylvania County Economic Development Organization; and WHEREAS, during her tenure as Executive Director of the Pittsylvania County Economic Development Organization, Carol Motley was directly involved with the location of 13 new industries, bringing 1700 new jobs and over $352 million worth of new investment to Pittsylvania County; and WHEREAS, during her tenure as Executive Director of the Pittsylvania County Economic Development Organization, Carol Motley worked with local industries to foster 12 expansions, totaling $44.58 million and bringing 348 new jobs to Pittsylvania County; and WHEREAS, Carol Motley, while serving as the Executive Director of the Pittsylvania County Economic Development, Incorporated, has served on the Board of Directors of the West Piedmont Workforce Investment Board, the Board of Directors of the Dan River Business Development Center, the Board of Directors of the Danville-Pittsylvania County Chamber of Commerce, the Board of Directors of the Pittsylvania County Community Action Agency Board, as well as being an active member of the Virginia Economic Development Association, the Southern Economic Development Council and the International Economic Development Council; and Adjourned Meeting June 16, 2009 WHEREAS, Carol Motley graduated from the prestigious Oklahoma University Certified Economic Developers course in 2003 and was President of the Chatham Rotary Club, as well as being a Paul Harris Fellow and serving as a Club Secretary in the Chatham Rotary Club Board of Directors. Carol also was active as a member of Oak Grove Christian Church and is the Church Organist and Sunday School Teacher; and WHEREAS, Carol E. Motley, has been a model citizen of Pittsylvania County and providing exemplary service in the field of Economic Development, bringing millions of dollars worth of new development to Pittsylvania County, thousands of jobs, as well as serving as an Ambassador for our community; then BE IT HEREBY RESOLVED, upon her retirement, the Pittsylvania County Board of Supervisors expresses their sincere appreciation for the outstanding service and exemplary leadership that Carol Motley provided during her tenure as the Economic Development Director of the Pittsylvania County Economic Development, Incorporated, and offers Best Wishes and Success for her in her retirement; and BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Carol E. Motley on the behalf of the Board of Supervisors and the citizens of Pittsylvania County. Mr. Harville and Mr. Barber presented, on behalf of the entire Board, Resolution 2009-06-06 to the Tunstall High School Lady Trojans for their 2009 Region IV Softball Title and congratulated the coach on their great season. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-06-06 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, June 16, 2009, the following resolution was presented and adopted congratulating the Tunstall Lady Trojans Softball Team on their 2009 Region IV Title: WHEREAS, the 2009 Tunstall Lady Trojans Softball team has had an undefeated regular season; and WHEREAS, the Tunstall Lady Trojans Softball Team has won the 2009 Piedmont District Title on May22, 2009; and WHEREAS, on May 30, 2009, the Tunstall Lady Trojans Softball Team defeated Patrick County to capture the Region IV Title for the third consecutive year; and WHEREAS, the Tunstall Lady Trojans Softball Team won both their quarterfinal and semifinal games in the Group AA State Tournament; and WHEREAS, the Tunstall Lady Trojans Softball Team has performed admirably and with exemplary sportsmanship this year, bringing recognition not only to themselves, but to their school and to the citizens of Pittsylvania County; then Adjourned Meeting June 16, 2009 BE TT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to the Tunstall Lady Trojans Softball Team for their winning season and bringing the 2009 Region IV Title home to Tunstall High School; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Coach and Members of the 2009 Tunstall Lady Trojans Softball Team. Mr. Harville and Mr. Davis, on behalf of the entire Board, presented Resolution 2009-06-OS to the Chatham High School Boys Baseball Team, congratulating them and their coach for capturing the 2009 Group A State Baseball Championship. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-06-OS VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, June 16, 2009, the following resolution was presented and adopted congratulating the Chatham High School Cavaliers 2009 Group A Baseball State Championship: WHEREAS, the 2009 Chatham Cavaliers Baseball Team has had a winning season; and WHEREAS, the Chatham Cavaliers High School Baseball Team has won the 2009 Dogwood District Title; and WHEREAS, on June 1, 2009, the Chatham Cavaliers Baseball team brought home the 2009 Region B Title to Chatham, Virginia; and WHEREAS, the Chatham Cavaliers Baseball Team has exhibited exemplary sportsmanship and talent as they defeated Randolph-Henry for the Region B Championship; and WHEREAS, on June 7, 2009, the Chatham Cavaliers Baseball Team defeated Gate City to capture the 2009 Group A Baseball State Championship; their first State Championship since 1987; and WHEREAS, the Chatham Cavaliers Baseball Team has performed above and beyond the normal expectations of this High School Baseball Team bringing recognition, not only to themselves, but to their school and their County and its citizens; then BE TT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to the Chatham Cavaliers Baseball Team for their winning season and bringing the 2009 Group A Baseball State Championship home to Chatham, Virginia; and Adjourned Meeting June 16, 2009 BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Coach and Members of the 2009 Chatham Cavaliers Baseball Team. Mr. Harville presented the Rev. Terry St. John and members of the Hollywood Baptist Church with Resolution 2009-06-07, congratulating the church on its 125" anniversary. The Rev. St. John thanked Mr. Harville and the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-06-07 WHEREAS, an offspring of the Baptist State Mission Program, the Hollywood Baptist Church of the Hollywood Community in Chatham, Virginia, was dedicated as a stand-alone church with an adopted constitution on June 29, 1884; and WHEREAS, the Reverend Marshall W. Read, the first pastor for Hollywood Baptist Church, led a congregation of 58 members, 25 male and 33 female in service at 8pm on the Saturday before the 4`'' Sunday of the month, followed by an 1 lam service on said Sunday; and WHEREAS, during the pastorate of Reverend Chas F. Leek between 1916-1918, land donated by Brother Silas C. Reynolds began the cemetery for Hollywood Baptist Church; and WHEREAS, in 1936 a dedication was held for a new sanctuary that was built, paid for and dedicated within a 12 month period, attesting to the faith, perseverance, and dedication of its members; and WHEREAS, on July 27, 1954, the Hollywood Baptist Church joined the ranks of the full-time churches; and WHEREAS, on January 8, 1989, under the pastorate of the Reverend J. Haywood Alcorn, dedication of a new sanctuary was held where services continue to this day; and WHEREAS, from 1884-2009, the Hollywood Baptist Church community saw roads go from rutted clay to paved hard surface, improvements to transportation, lighting, farming methods and programs, marketing and merchandising, heating, schools, water systems, homes, appliances, telephones, health conditions, newspapers and other media sources and other daily life improvements. During all of these changes Hollywood Baptist Church, led by a total of 19 pastors over the past 125 years, has been God's means in His transformation of enough persons into an effective wholesome leavening community; who, but for the grace of God, might have become costly liabilities in the community; and WHEREAS, June 28, 2009 commemorates 125 years of the location of Hollywood Baptist Church on State Highway 57 East in the Hollywood Community of Chatham, Virginia; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors congratulates Reverend Terry St. John and all of the membership of the Hollywood Baptist Church upon its 125h Anniversary of service to the citizens of Pittsylvania County and wishes the church well into the future for growth and prosperity; and BE IT FUTHER RESOLVED, that a copy of this Resolution be presented to Reverend Terry St. John and representatives of the Hollywood Baptist Church Adjourned Meeting June 16, 2009 Public Hearings Re-Zoning Cases Case 1: Russell & Julia Stone -Staunton River District ; R-09-021 The public hearing on this case opened at 7:33pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone 5.46 acres, located on State Road 640/Renan Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for placement of a 2008 single-wide mobile home and allow the 1985 single-wide mobile home to remain on the property to be used for storage). The Planning Commission, with calls of opposition, recommended denying the petitioners' request. Russell Stone was there to represent the petition. Mr. Stone stated that the old resident already existed. He purchased a permit for a new trailer, which passed inspection. He stated that he didn't understand why he couldn't have more than 1 building on the property. Mr. Shelton explained, as had the Planning Commission, that because the property was currently zoned as R-1, only one home was allowed per parcel. Mr. Ecker asked Mr. Stone if he planned on removing the old trailer from the property. Mr. Stone stated that he planned to keep it on the property. Mr. Harville closed the hearing at 7:4epm. Mr. Ecker made a motion, seconded by Mr. Davis, to deny re-zoning the property from R-1 to A-1 for the following reasons: 1) applicants in the past with the same circumstances as Mr. Stone (having potentially 2 homes on R-1 zoned property) has also been denied and that while Mr. Stone may not chose to use the older trailer as a home, if the Board re-zoned the property to A-1 and then Mr. Stone sold the property, the next owner could establish both trailers as homes and,2) the properties adjoining Mr. Stone's were zoned R-1. The following roll call vote was recorded. Mr. Ingram -Absent, 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. Ingram being absent. Mr. Harville announced that case R-09- 021 to rezone from R-1 to A-1 had been denied. Case 2: Cloverdale Lumber Company -Dan River District; R-09-022 The public hearing on this case opened at 7:46pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone 8.41 acres, located on State Road 970/Pounds Road in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to combine with the adjoining property and resubdivide into lots). The Planning Commission, with no opposition, recommended granting the petitioner's request. No one was there to represent the petition. No one signed up to speak. Mr. Harville closed the public hearing at 7:47pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve rezoning the property from R-1 to A-1. Mr. Davis stated that in this situation the property has little road frontage and the only way to utilize it was to create an A-1 zoning and make it possible to make better use of his property and is compatible with the surrounding properties. The following roll call vote was recorded. Mr. Ingram -Absent, 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. Ingram being absent. Mr. Harville announced that case R-09-022 to rezone from R-1 to A-1 had been approved. Case 3: Richard Cuppelman -Dan River District; R-09-023 The public hearing on this case opened at 7:48pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone 14.84acres, located off Adjourned Meeting June 16, 2009 State Road 759/Childress Road, in the Dan River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to place a 1999 single-wide mobile home on the property and to build a cabin in the future). The Planning Commission, with no opposition, recommended granting the petitioner's request. Richard Cuppelman was there to represent the petition. No one signed up to speak. Mr. Harville closed the public hearing at 7:49. Motion was made by Mr. Snead, seconded by Mr. Barber, to rezone the property from R-1 to A-1. Mr. Davis stated that without having road frontage, there was no way to use the property unless it was rezoned. The following roll call vote was recorded. Mr. Ingram -Absent, 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. Ingram being absent. Mr. Harville announced that case R-09-023 to rezone from R-1 to A-1 had been approved. Case 4: Mark D. Percario -Dan River District; R-09-024 The public hearing on this case opened at 7:Slpm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone a total of 8.556 acres, located on/off State Road 701/Slatesville Road, in the Dan River Election District from M-1, Industrial District, Light Industry to A-1, Agricultural District. (The applicant has sold Tract 3 (3.32acres) and will retain 5.236 acres (with his house). The 1.435 acres containing the business will remain zoned M-1.)The Planning Commission, with no opposition, recommended granting the petitioner's request. Valerie Virkler was there to represent the petition. No one signed up to speak. Mr. Harville closed the public hearing at 7:52pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to rezone the property from M-1 to A-1. The following roll call vote was recorded. Mr. Ingram - Absent, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Absent, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote; Mr. Ingram being absent. Mr. Harville announced that case R-09-024 to rezone from M-1 to A-1 had been approved. Case 5: B & F Co., Inc. -Chatham-Blairs District; R-09-025 The public hearing on this case opened at 7:54pm. Mr. Shelton, Director of Code Compliance, explained the applicant had petitioned to rezone a total of 6.65 acres, located on Junior Oaks Road, in the Chatham-Blairs Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District. (The applicant wishes to rezone to address the concerns of the neighbors.) The Planning Commission, with no opposition, recommended granting the petitioner's request. William Leggett couldn't be there to represent the petition. No one signed up to speak. Mr. Harville closed the hearing at 7:SSpm. Motion was made by Mr. Davis, seconded by Mr. Ecker, to re-zone the property from A-1 to R-1. Mr. Ingram -Absent, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Absent, Mr. Davis -Yes, Mr. Ecker -Yes and Mr. Harville -Yes. Motion carried by unanimous vote; Mr. Ingram being absent. Mr. Harville announced that case R-09-025 to rezone from A-1 to R-1 had been approved. Public Hearing to receive citizen input on an Edward Byrne Memorial Justice Assistant Grant application to the U.S. Department of Justice. This grant specifically funds training for the Pittsylvania County Sheriff s Rapid Deployment Team. Mr. Sleeper explained this was a grant from the U. S. Department of Justice to the Pittsylvania Adjourned Meeting June 16, 2009 County Sheriff s office for the Rapid Deployment training and implementation to provide necessary overtime for basic training course and fitness course for the Rapid Deployment Team of the Pittsylvania County Sheriff's office. Mr. Harville opened the hearing at 8:36pm. No one signed up to speak. Mr. Harville closed the public hearing at 8:36pm. Motion was made by Mr. Barber, seconded by Mr. Pritchett, to approve the application for the JAG Grant and authorize the Count Administrator to sign all necessary documentation. The board unanimously approved Mr. Barber's motion, with Mr. Ingram being absent. This concluded the Public Hearings. Hearing of the Citizens The first speaker was Mr. Allan Gross of the Banister District who thanked Mr. Sleeper for his letters to the EPA concerning his well water contamination, Mr. Ecker and Mr. Harville for going to Richmond and speaking up for the people. He felt the other board members should be going there to help protect the County. And, to stop bickering between each other and look out of the people. Mr. Phillip Lovelace, Gretna-Callands District, thanking him for sending a more thorough letter to the EPA. He made more comments concerning well water contaminations. Furthermore, he stated he has never seen as much bickering between board members as was going on with the current board and that it needed to stop. Mr. Ecker excused himself from his Board member seat and went to speak as a citizen. He stated he was disappointed in the Board. He wanted to discuss the Whispering Pines waterline. He'd originally been told there had been various water problems of the citizens there and so, he'd been supportive of the project. Mr. Ecker questioned how many residents in the Inman Road area would be using this waterline and if more people on Whispering Pines would benefit than Inman Road and that it was an impractical route. Mr. Barber then left his seat to speak under Hearing of the Citizens. He told Mr. Ecker is was entitled to his opinion and invited him to go through Inman Road. Then Mr. Ecker could see it was a very populated area in the Tunstall District and the waterline would serve not only those citizens, but as it continued on in the next phase, would serve the schools in that area as well. Mr. Harville then left his Chair and spoke under Hearing of the Citizens, stating that it saddened him to see the Board so divided. He then stated that if a Board member has reserves on an issue, to not vote in favor of it. While no one is always going to get their way, he wanted the Board to work together, respectively of each other, and to make the best decisions they know in the best interest of the people. There are too many important issues to not work together. The last person to speak was Mr. Nancy Smith, Tunstall District, questioning the underlying reasons on running the waterline down Inman Road at this time. This concluded the Hearing of the Citizens. Unfinished Business At the May 19, 2009 Adjourned meeting of the Pittsylvania County Board of Supervisors, motion was made by Mr. Davis, seconded by Mr. Pritchett, to appropriate $12,500 from unappropriated surplus to the Pittsylvania County Recreation Advisory Committee (RAB) in order to make a required match to a grant request from the Regional Adjourned Meeting June 16, 2009 Foundation, with use for these monies to be to develop a comprehensive recreational plan the Board of Supervisors has requested the RAB to develop. This motion requires a 10- day layover. The following roll call vote was recorded: Mr. Ingram-Absent, Mr. Barber - Yes, Mr. Snead -Yes, Mr. Pritchett- Yes, Mr. Davis -Yes, Mr. Ecker -Yes, Mr. Harville- Yes. Mr. Davis's motion was unanimously approved by the Board; Mr. Ingram being absent. New Business The Honorable David N. Grimes, Commonwealth Attornery for Pittsylvania County, presented information to the Board defining the options and availabilities of the Commonwealth Attorney to provide additional income for the collections of costs, unpaid fines and forfeitures. Mr. Grimes submitted 2 options, one of which for the Board of Supervisors to approve contracts between the Commonwealth Attorney and the courts- Alternative A, or for the Board of Supervisors to approve contracts to allow the State Department of Corrections to collect these fines and forfeitures and to retain a fee from portions of those fines, Alternative B. Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve Alternate A and allow the Commonwealth Attorney to enter into contracts with the Circuit Court, General District Court, Juvenile and Domestic Relations Court, and the Commonwealth Attorney's office for the collections of these fines and forfeitures and authorize the County Administrator to sign and execute all appropriate documents, and to avoid the 10-day layover, to appropriate $5,000 total and if other funds are needed the Commonwealth Attorney could return to the Board, although this should be a self supporting operation. Mr. Ecker's motion was unanimously approved, with Mr. Ingram being absent Mr. Bill Fox, spoke to the Board on behalf of the Animal Welfare League, who made the following requests to the Board concerning the County's Animal Shelter: 1) Allow transfers to State approved rescue organizations at no charge to the organization. 2) Have the shelter open on Saturdays for at least 2 hours to give the animals a better chance of adoption and owners to find and reclaim missing dogs. 3) Guarantee staffing of the facility during the posted hours and public access to the facility (the shelter is currently located within the County Landfill property) 4) Separate dangerous dogs from those available for adoption. 5) Provide safe, clean, comfortable housing for the animals kept at the facility. 6) Lower the high percentage of euthanasia 7) Create an Animal Shelter Advisory Board to meet monthly about issues pertaining to the County's facility. Mr. Sleeper stated that the County has been working on some of these issues already. The County is currently working moving the shelter from the landfill property to property adjacent to the landfill. Mr. Davis agreed that the County needs to improve on the kill rate, as well as work on many of the items mentioned by the League. He further stated the County needed to work on taking care of the cats picked up itself instead of taking them to the Humane Society in Danville and paying the Society over $48,000 annually to take care of the County's cats. Mr. Harville stated that the County did have some complications with addressing each and every item listed, but to begin action, he asked Adjourned Meeting June 16, 2009 the Mr. Davis and Mr. Snead, a member of the Animal Welfare League, Mr. Sleeper and whatever staff members he deemed appropriate to meet and begin address the 7 requests presented, not necessarily in the order presented, but to choose the ones the County can first approach and take action. Mr. Light stated the issue presented by Mr. Snead's motion to strike Item #19 from the agenda, the issue on whether or not to entertain a legitimate item on the agenda, was not addressed in the Board's By-Laws, but referred to Roberts Rules of Order. Mr. Light directed everyone to Section 15 of Roberts Rules of Order. Section 15 says "An objection can be made to the consideration of any principal motion, such a motion does not require a second, and shall be decided by a 2/3 's vote of the body". Mr. Light stated that if 2/3's of this body approves of an objection to hear a consideration of an item lawfully placed on the agenda, then Roberts Rules states that matter be not considered by the body. He did want to point out that it was various talks about wanting him (Mr. Light) to rule on this issue. It was important that he point out that Mr. Light does not rule on these issues; he merely gives advice to the Chair and to the members of the Board. If the Chairman rules on points of order, he further pointed out, a ruling of the Chair can be overridden by a 2/3's vote of the Board, by a motion, a second and a 2/3's majority vote of the Board. Mr. Harville stated there needed to be a vote on whether to discuss Item 19 or not. Motion was made by Mr. Snead that since the Board voted unanimously in May on Whispering Pines, to remove Item19 from the agenda, which was seconded by Mr. Pritchett. Mr. Davis stated that he served on the Board from 1992 - 1995 under what that Board felt was a better version of Roberts Rules and seconds weren't required, feeling that if one member was capable of making a motion, everyone was capable of discussing the motion. Now, the personal privilege of putting something on an agenda can be advocated by another who doesn't like it nor want it discussed. He felt that this was encourage public distrust of the board, and see the Board deteriorate to where it can't discuss an item. Mr. Ecker stated he felt the Board tried to silence him several times and felt he was denied his right to freedom of speech, He had a grievance concerning some of the things with the waterline. The following vote was recorded: Mr. Ingram-Absent, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett- Yes, Mr. Davis - No, Mr. Ecker - No, Mr. Harville- Yes. Mr. Snead's motion to remove Item 16, Whispering Pines, from the agenda passed by a 4 to 2 vote of the Board, Mr. Ingram being absent. Motion was made by Mr. Davis, seconded by Mr. Ecker, to, at the request of the Honorable Samuel Swanson, Commissioner of Revenue, authorize the County Administrator to seek a Request for Proposals of independent auditing firms for providing services to Pittsylvania County, in accordance with the Virginia Procurement Act. Mr. Davis's motion was unanimously approved by the Board; Mr. Ingram being absent. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve an amendment to Dewberry's contract on Phase II Groundwater Monitoring in the amount totaling $32,000 and authorizing the County Administrator to sign all necessary documentation, which was unanimously approved by the Board with Mr. Ingram being absent. Adjourned Meeting June 16, 2009 Motion was made by Mr. Barber, seconded by Mr. Snead, to approve a change order with Hurt and Proffitt, which will decrease their contract by $32,513.80 due to a service change and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board, Mr. Ingram being absent. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to hold a public hearing on July 6, 2009 at 7pm for citizen input on the Kentuck Water Tank Property Donation and further notifying the City of Danville to install a meter reader antenna on said tank ,which was unanimously approved by the Board, Mr. Ingram being absent. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to ratify the filing in the Circuit Court of Pittsylvania County of an Easement Agreement concerning the Grant Property, where the U.S. Rt 58 W Waterline passed through that property, and to ratify the actions of the County Administrator and legal counsel on filing of that agreement on behalf of the County. The following roll call vote was recorded: Mr. Ingram -Absent, Mr. Barber -Yes, Mr. Snead -Yes, Mr. Pritchett -Absent, Mr. Davis -Yes, Mr. Ecker - Yes and Mr. Harville -Yes. Motion carried by unanimous vote; Mr. Ingram being absent. Appointments Motion was made by Mr. Pritchett, seconded by Mr. Snead, to appoint Mr. Willie Thornton to the Southern Area Agency on Aging. Mr. Pritchett's motion was unanimously approved by the Board; Mr. Ingram being absent. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to appoint Nathaniel Jones as the Westover representative to the Transportation Safety Board, which was unanimously approved by the Board; Mr. Ingram being absent. Motion was made by Mr. Davis, seconded by Mr. Pritchett, to reappoint Mike Rominger as the Chatham-Blairs representative to the Transportation Safety Board, which was unanimously approved by the Board; Mr. Ingram being absent. Motion was made by Mr. Barber, seconded by Mr. Snead, to reappoint James Thornton as the Tunstall representative on the Transportation Safety Board, which the Board unanimously approved; Mr. Ingram being absent. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to reappoint Arlene Creasy to the Social Services Board, which was unanimously approved by the Board; Mr. Ingram being absent. Motion was made by Mr. Davis, seconded by Mr. Ecker, to reappoint the following: Donnie Duvall as the Tunstall representative on the Recreation Board, L.C.Moore as the Dan River representative on the Recreation Advisory Board, Jean Shields as the Chatham-Blairs representative on the Recreation Advisory Board and to appoint Mr. Nathaniel Coles as the Banister representative to the Recreation Advisory Board. Mr. Davis's motion was unanimously approved by the Board; Mr. Ingram being absent. Committee Motion was sent by the Legislative Committee a new Land Use Ordinance with a revalidation fee due every six years of $30 per parcel and $1.32 per acre and recommends the Board of Supervisors set a public hearing on this new ordinance. The Adjourned Meeting June 16, 2009 Commonwealth Attorney did write a letter for opinion for every member of the Board participating in the Land Use program, which states "In Mr. Grimes opinion, a Board member participating in the Land Use Program is not required by State and Local Government or Conflict of Interest Act, from participating in voting on matters related to the Land Use Ordinance. However, in abundance of caution, if you choose to participate in this decision and the voting, I advise that your disclose that you have a personal interest under VA Code X2.2-311 S (e) and/or under declaration under X2.2-311 S (g) . " Mr. Ecker, Mr. Davis, Mr. Harville, and Mr. Barber all concurred they are participants. The Board then unanimously approved setting a public hearing; Mr. Ingram being absent. Motion was made by Mr. Snead, seconded by Mr. Barber to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 9:27pm.