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05-16-2017 Business MeetingMay 16, 2017 Business Meeting Pittsylvania County Board of Supervisors Business Meeting May 16, 2017 VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was held on Monday, May 16, 2017 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Chair Robert W. “Bob” Warren, called the meeting to order at 7:00 p.m. The following members were present: Tim R. Barber Tunstall District Joe B. Davis Dan River District Ronald S. Scearce Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Elton W. Blackstock, Jr. Staunton River District Robert W. Warren Chatham-Blairs District Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt, County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Development;, Mr. Matt Rowe, Director of Economic Development, Ms. Cheryl Boswell, Director of the Comprehensive Services Act; local office, and Rebecca Flippen, Deputy Clerk were also present. Mr. Warren asked during the Moment of Silence, those present keep the family of Richard Wilson, step-father of Mr. Warren, and family of Gary Van Der Hyde, father-in-law of Ms. Van Der Hyde, in their thoughts. After the Moment of Silence, Mr. Warren led the Pledge of Allegiance. Items to be Added to the Agenda Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the agenda with the following additions: (a) Under Consent Agenda; Minutes for the April 3, 2017 Board of Supervisors' Special Meeting (b) 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. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Attorney Purpose: Performance Evaluation Mr. Blackstock’s motion was unanimously approved by the Board. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the agenda with the additional items, which was unanimously approved by the Board. Hearing of the Citizens Chuck Angier of the Callands-Gretna District stated he attended the Board's work session earlier that evening. Mr. Angier said he had moved to the area 13 years ago, and 11 years ago, purchased an old truck that became the cornerstone of his business. Because he had not planned Board of Supervisors Business Meeting May 16, 2017 on speaking this evening, he did not have all the exact historical data of the personal property taxes on the aforementioned truck. His latest tax bill for the truck was $8.75. Mr. Angier said to replace that truck new would cost at least $100,000, and used would be half that amount. During the work session, he listened to discussion that nearly 1/2 of the RVs in the County were only taxed that same $8.75. Mr. Angier felt the Board was leaving a lot of revenue on the table (due to that particular low tax assessment). No one else signed up to speak. Consent Agenda Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the Consent Agenda, which was unanimously approved by the Board. 2. (a) Minutes: April 3, 2017: BOS Special Meeting (Added Item) April 18, 2017: BOS Business Meeting (b) Bill List – April 2017 (Online) (c) Proclamation – National Dairy Month – June 2017 (d) Proclamation – Business Appreciation Week – June 5-9, 2017 (e) Resolution 2017-05-03; Potential Agricultural Development Board Dissolution (proclamations/resolutions to be inserted) Public Hearings Rezoning Cases Case 1: Arthur L. Craft – Dan River Election District: R-17-016 A-1, Agricultural District to B-2, Business District, General Mr. Warren opened the public hearing at 7:13pm. Mr. Sides explained that Arthur Craft had petitioned to rezone 1.27 acres, located on U.S. Highway 58/South Boston Road in the Dan River Election District from A-1, Agricultural District to B-2, Business District, General. Once the property is rezoned to B-2, all uses listed under Section 35-365 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner’s request Arthur Craft was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:14pm. Motion was made by Mr. Davis, seconded by Mr. Barber, to approve rezoning Case R-17-016 from A-1 to B-2 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Davis’ motion was unanimously approved by the Board. Case 2: James Donald Warren – Westover Election District: R-17-017 B-2, Business District, General to R-1, Residential Suburban Subdivision District Mr. Warren opened the public hearing at 7:15pm. Mr. Sides explained that James Donald Warren had petitioned to rezone 0.44 acre, located on State Road 1142/Ferry Road and on Beach Hollow Road in the Westover Election District from B-2, Business District, General to R-1, Residential Suburban Subdivision District. Once the property is rezoned to R -1, all uses listed under Section 35-222 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Don Warren was there to represent the petition. No one signed up to speak and Mr. Warren closed the public hearing at 7:16pm. Motion was made by Mr. Scearce, seconded by Mr. Barber, to approve rezoning Case R-17-017 from B-2 to R-1 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Scearce’s motion was unanimously approved by the Board. Board of Supervisors Business Meeting May 16, 2017 This concluded the Rezoning Cases Public Hearing Public Hearing to receive citizen input on the Board of Supervisors potential recommendation of the abandonment, subject to the Virginia Department of Transportation approval, of the following portion of Shula Drive/SR 642 in Pittsylvania County ("the County"); SR 642 (Shula Drive), from U.S. Highway 29, West to Highwayview Road/SR 988, a total of 0.06 miles. Mr. Hunt explained at the March 21, 2017, Pittsylvania County Board of Supervisors (“BOS”) Business Meeting, the BOS unanimously voted to commence the process to potentially legally abandon the following portion of the following road in Pittsylvania County, Virginia (the “County”), for, inter alia, public safety reasons: Rt. 642 (Shula Drive), from U.S. Highway 29, west to Rt. 988 (Highwayview Road), a total distance of 0.06 miles. Per Virginia Code § 33.2- 909, the aforesaid portion of Shula Drive was legally posted and said potential road abandonment was duly and lawfully advertised. Again, per Virginia Code § 33.2-909, since petitions/requests for a public hearing were received during said posting period, the BOS must hold a public hearing prior to any action related thereto. Mr. Hunt reviewed the public comment allowance for 3 minute per person; 10 minutes for speaking if representing a group. Mr. Warren opened the public hearing at 7:18pm. The following persons spoke with comments opposing closing the road: Rickey Haley (representing Mt. Moriah Baptist Church); Tine Dale Hedrick (who entered a petition with 400 signatures wanting to keep the road open); Harold Arthur; Dallas Moore; Jessica Towler; Brian Lamb; Sherwood Zimmerman; Abdul Naris; Jason Moser; Curtis Arthur; and Timothy Layne. Their reasons for opposing the closure were that the accidents that occurred there were related to driver errors or impairments, such as failure to stop; speeding; double parking in the medium; DUIs; and other such things. They all felt that intersection was no more dangerous than any other intersection from there to Lynchburg. Furthermore, they all felt that the closure and alternate route would affect their community long after the public hearing. They all felt it would greatly endanger people needing rescue and/or fire response time that could mean life or death for citizens needing those services. Many felt it would adversely affect businesses, and adversely affect farmers in the area having to go up to the overpass to turn and come back up to access Shula Drive. Also, that was one of only two accesses to Leesville Lake. The largest concern of the speakers was that by closing the road, you would be blocking emergency service calls, and response minutes often determine whether someone lives or dies. They feel that by closing the road, you’re punishing a lot of good people because of the mistakes of a few bad people Rusty Giles was on the community committee formed to review options given from VDOT on possible solutions to the accidents at the intersection and made the decision for this particular closure. Mr. Giles stated that of the approximately 7 options they reviewed, all pretty much involved closing the intersection except for one. He said that from all the information they were given, he, nor his family, would ever use that intersection again regardless of the outcome of the public hearing. Mr. Giles also stated he did not feel the committee anticipated the enormous amount of opposition to the closure. He said the committee was given options that ranged from $150,000 to $250,000. The committee chose what they thought was the best decision and he admired the people who fought so hard to be heard in their opposition to the closure Roger Clements was in favor of closing the intersection, and submitted a petition with approximately several hundred signatures in favor of the closure. Mr. Clements said he would Board of Supervisors Business Meeting May 16, 2017 like to commend the people who took part of the study. The crossing has had too many accidents and injuries in the past 30 years. It is a bad intersection that needs something done, the opportunity is there to have something done, and if just one life is saved, it would be well worth it. Two school buses cross this intersection, and if the intersection isn’t closed, it still needs to go up the proposed alternate route. Anyone pulling a trailer at the intersection, they need to be extra careful in the enter-medium when crossing. The decision needs to be about saving lives and not about it causing an inconvenience. Mr. Warren closed the public hearing at 8:03 pm. Mr. Blackstock stated when Mr. Marshall Ecker passed away nearly 4 years ago, and he was appointed and then elected via special election to the board, he has received more phone calls on this intersection than any other thing he has been involved with. Mr. Ecker had asked for a study, which Mr. Blackstock reviewed. Mr. Blackstock stated people in the community were not satisfied with the first study and asked VDOT to perform another study. He didn’t think the results were very thorough, so he asked for another study. He received that study results by email the same day Mrs. Goins was killed at that intersection. So, as the Staunton River District Supervisors, he felt it was his responsibility to do everything he could to bring attention to the issue with VDOT, and resolve the issue. VDOT found money to hire a consult to do an RSA and when the options were gone through in that study. Mr. Blackstock hated that something like this split the community, so he intends to ask the Board to continue this discussion with the Board at their next work session on June 16, 2017, and told Mr. Smitherman to contact Jay Craddock with VDOT to attend the work session as well, where they all could hopefully come to a decision that would bring the community together instead of divide it. He thanked everyone who spoke and he felt that something would be done this time around that will work for everybody. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to place this item on the June 16, 2017 work session, which was unanimously approved by the Board. News Business Financial Matters: Motion was made by Mr. Blackstock, seconded by Mr. Davis, for the reappropriation of $120,767.61 as follows: $66.64 to County Administration-Travel (100-4-012100-5500), $130.43 to Fleet-Fuel (100-4-012520-6008), $50.00 to Registrar-Salaries and Wages-Regular (100-4- 013200-1100), $1,208.33 to Clerk of Court-Office Supplies (100-4-021600-6001), $100.00 to Clerk of Court-Copier Lease (100-4-021600-60051), $3,026.34 to Commonwealth’s Attorney- Travel (100-4-022100-5500), $26.07 to Sheriff-Office Supplies (100-4-031200-6001), $735.46 to Sheriff-Undercover Account (100-4-031200-6024), $50.53 to VFD-United Way Contribution (100-4-032200-5667), $15,989.28 to E911-Telehpone (100-4-035500-5230), $18,717.95 to CSA-Pool Program (100-4-053500-7003), $97.13 to WIA-Other Operating (251-4-353851- 6014), $97.13 to WIA-Other Operating (251-4-353853-6014), $97.13 to WIA-Other Operating (251-4-353855-6014), $97.13 to WIA-Other Operating (251-4-353856-6014), $35,228.06 to WIA-Rent (251-4-353853-6014), $45,050.00 to Economic Development Fund-Industrial Prospects (325-4-081500-8222). This motion required a 10-Day Layover. Mr. Smitherman explained the library submitted request approve a transfer of $1,432.94 from the Memorial Gifts Fund (Fund 265) to the local Library budget (100-4-073100), noting the Library’s transfer request that was approved by the Library’s Board of Trustees at their April 10, 2017 meeting. Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve the transfer as presented, which was unanimously approved by the Board. Mr. Smitherman explained Pittsylvania County received a Memorandum of Understanding from the Workforce Investment Board concerning a Pathways to the American Board of Supervisors Business Meeting May 16, 2017 Dream Grant. The total of the grant was $78,575 and would be used to enhance workforce development capacity through an education and training system that adapts quickly to changing needs of businesses. The monies would be used to 1) build a pipeline of skilled workers to help businesses fill existing job openings and meet job needs for expansion; and 2) enable the region to capitalize on the development of more value-added industries. Motion was made by Mr. Davis , seconded by Mr. Barksdale , to approve and appropriate a total of $78,575 as set presented in the project budget to the WIA Fund, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Davis’ motion was unanimously approved by the Board. Mr. Smitherman explained the Fire Marshal’s Office had been given a grant through Norfolk Southern for the purpose of purchasing 2 hydrocarbon detectors for use in arson investigations. This grant totaled $2,000.00. Any additional funds needed to complete this purchase would come from the Fire Marshal’s operating budget. Motion was made by Mr. Barber, seconded by Mr. Davis, to appropriate $2,000 to the Norfolk Southern Foundation Grant (250-4-032416-8102) and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Barber’s motion was unanimously approved by the Board. Ms. Boswell presented the CPMT quarterly report, stated everyone on the Board was in compliance. Ms. Boswell stated that Jim Bebeau, Director for Danville-Pittsylvania Community Services, has new responsibilities and would be unable to attend the meetings and has asked Dany L. Irby to be appointed in his place, with Veronica Onsurez-Pannell as Ms. Irby’s alternate. Also, a new Health Director, Scott Spillman has been appointed to the district, but as his district region is so large, Dr. Spillman is unable to attend and asks Cynthia Robott i be appointed as his designee with Natalie Whitlow to service as Ms. Robotti’s alternate. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the designee and alternate appointments as presented by Ms. Boswell, which was unanimously approved by the Board. Mr. Smitherman stated each year the CPMT Coordinator estimates the number of children that will need comprehensive services for the budget year. The number of children requiring services has increased over the last few years. Additional monies are required for the CSA program that have been approved by the State. The total supplemental amount required and approved by the State is $4,469,759. This amount includes $3,730,872 of state money and a local match of $738,886. Based on estimates for budgeting purposes, an additional amount of $3,171,830 of state funds needs to be appropriated to cover anticipated expenditures before 06-30-17. The required local match difference of $628,170 needs to be appropriated from unassigned fund balance to cover the local share of these expenditures before year-end. Mr. Smitherman stated this is a mandated program from the State of Virginia. Mr. Blackstock stated that he was not blaming Ms. Boswell at all, but this was not money budgeted for; the program was snowballing and was a state mandated program; and hopes at the next work session it can be discussed how to get a control over the escalating costs. The Board understands this is not just a Pittsylvania County problem but a problem across the Nation. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, for the appropriation of $3,800,000 to the CPMT Budget Pool Funds, which includes local funds of $628,170 from unassigned fund balance (100 - 4-053500-7004) and $3,171,830 from State CSA Funds (100-4-053500-7003). Any unused local funds will be absorbed back into the unassigned fund balance. This motion required a 10-Day Layover. Board of Supervisors Business Meeting May 16, 2017 Mr. Smitherman explained after several months discussion between the Board of Supervisors, the County Attorney, and the Commonwealth of Virginia, Department of Military Affairs (“DMA”), final documents have been submitted from the DMA to the County concerning the Chatham Armory. Motion was made by Mr. Davis, seconded by Mr. Barksdale, to take ownership of the Armory, approve Resolution 2017-05-01, and authorize any additional signatures required to enter for record the deed to the Chatham Armory; and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman- Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Davis’ motion was unanimously approved by the Board. (Resolution/Deed to be inserted) Mr. Smitherman explained since the County has a Virginia Cooperative Extension Service, the Pittsylvania County Board of Supervisors (“BOS”) is legally responsible for providing it with local office space and that space is at the Olde Dominion Agricultural Complex. The County Attorney, in cooperation with the Olde Dominion Agricultural Foundation’s attorney, as submitted a lease agreement for said space for the Board’s consideration. Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve the Virginia Cooperation Extension Service Lease Agreement, which was unanimously approved by the Board. (MOU to be inserted) Board Announcements Mr. Barksdale stated that after 18 months of work and training sessions, he has completed his Supervisors’ Certification through VACo, will graduate during the November VACo Conference. Mr. Blackstock would like to thank the Board, staff, and citizens who should compassion during the death of his step-father. He also stated he looked forward to the information party about the new animal shelter on Wednesday, May 17th and looks forward to a large turnout for that. Mr. Hagerman stated Rev. Kell Stone has been in attendance during the entire meeting and has purchased the old Gretna School. Mr. Hagerman stated Rev. Stone was interested in purchasing the bleachers, basketball goals, and other items from the old Blairs School. Mr. Smitherman stated he would get with Rev. Stone following the meeting. Mr. Warren stated Averette University recently won their first national equestrian championship. Comments from County Administrator Mr. Smitherman reminded everyone of the groundbreaking ceremony on Friday, May 19th, for the broadband project. Comments from Legal Counsel Mr. Hunt reminded everyone of the FOIA Training on Thursday, May 18th, and that a Special Meeting of the IDA would follow that training. Closed Session Matters Motion was made by Mr. Scearce, seconded by Mr. Barber, to authorize staff to advertise a public hearing for citizen input on a proposed amendment to PCC 6.6 -3 to include Mid- Atlantic Broadband for tax exemption by designation, which was unanimously approved by the Board. Board of Supervisors Business Meeting May 16, 2017 Motion was made by Mr. Blackstock, seconded by Mr. Barber, to enter into Closed Session for the following: 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. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Attorney Purpose: Performance Evaluation The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to re-enter into Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on May 16, 2017, 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 Tim R. Barber Yes Jerry A. Hagerman Yes Elton W. Blackstock Yes Joe B. Davis Yes Ronald S. Scearce Yes Robert W. Warren Yes Jessie L. Barksdale Yes Mr. Blackstock’s motion was unanimously approved. Adjournment Mr. Warren adjourned the meeting at 8:55pm. __________________________________________ Robert W. “Bob” Warren, Chair Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors