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05-15-2018 BOS Business Meeting Minutes - DRAFT May 15, 2018 Business Meeting Pittsylvania County Board of Supervisors Business Meeting May 15, 2018 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on May 15, 2018 in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Chairman - Chatham-Blairs District Robert "Bob" Warren, called the meeting to order at 7:00 PM. The following members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert "Bob" Warren Chairman - Chatham-Blairs District Present 6:57 PM Joe Davis Vice Chair - Dan River District Present 6:52 PM Tim R. Barber Supervisor - Tunstall District Present 6:50 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:55 PM Ronald Scearce Supervisor - Westover District Present 6:57 PM Charles Miller Supervisor - Banister District Present 6:53 PM Ben Farmer Supervisor - Callands-Gretna District Present 6:50 PM Mr. David M. Smitherman, County Administrator/Clerk of the Board; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard Hicks, Assistant County Administrator for Operations; Mrs. Kimberly Van Der Hyde, Director of Finance; Mrs. Kaylyn McCluster, Deputy Clerk; and Mrs. Hollye Keesee, Executive Assistant; were also present. AGENDA ITEMS TO BE ADDED School Resource Officer Grant Applications to New Business RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald Scearce, Supervisor - Westover District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer APPROVAL OF AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Charles Miller, Supervisor - Banister District SECONDER: Joe Davis, Vice Chair - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer CONSENT AGENDA Board of Supervisors May 15, 2018 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Joe Davis, Vice Chair - Dan River District SECONDER: Ronald Scearce, Supervisor - Westover District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer a. Minutes: April 17, 2018, Work Session and Business Meeting; May 8, 2018 Legislative Committee Meeting; May 10, 2018, Solid Waste Committee Meeting (Staff Contact: Kaylyn M. McCluster) b. Proclamation: Business Appreciation Week (June 4-8, 2018); (Staff Contact: Matthew D. Rowe); (Attending to accept will be: Paul Irwin, Chair, Danville Pittsylvania County Chamber of Commerce; Chatham First Representative, Alisa Davis; Gretna Merchants' Association Representative, Diana Burkholder; and Gary Poindexter, Mayor, Town of Hurt) c. Proclamation: National Dairy Month; June (Staff Contact: Kaylyn M. McCluster) d. Resolution 2018-05-02: Ringgold Industrial Parkway and Kentuck Road Intersection Improvement (Staff Contact: Matthew D. Rowe) e. Resolution 2018-05-03: County EMS License (Staff Contact: Chris C. Slemp) f. JT Minnie Maude Trust Application Authorization (Staff Contact: Chris C. Slemp) g. Proposed Memo of Understanding (PIO); (Staff Contact: Jim E. Davis) h. Contract for Medical Services for Jail (Staff Contact: Richard N. Hicks) i. Vehicle Maintenance and Repair Contract (Staff Contact: Richard N. Hicks) j. Bulldozer Purchase (Staff Contact: Richard N. Hicks) k. Fire and EMS Department Services MOA (Staff Contact: Chris C. Slemp) l. Amthor Revised Performance Agreement (Staff Contact: Matthew D. Rowe) BRIEF RECESS 1. Take a brief recess The Board entered into a brief recess at 7:13 PM and returned to open session at 7:18 PM. RESULT: APPROVED [6 TO 0] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben Farmer, Supervisor - Callands-Gretna District AYES: Warren, Davis, Barber, Blackstock, Scearce, Farmer AWAY: Miller MOTION TO RECONSIDER CONSENT AGENDA VOTE 1. Motion to reconsider consent agenda vote and move items 7i Courthouse Janitorial Services, and 7j Lawn Maintenance, to New Business Board of Supervisors May 15, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben Farmer, Supervisor - Callands-Gretna District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer PRESENTATIONS 1. Amthor Expansion Update (Staff Contact: Matthew D. Rowe); (Presenter: Brian Amthor) Mr. Matt Rowe addressed Amthor's Revised Performance Agreement that was on the Consent Agenda and Brian Amthor was present and explained that things happen, but they are still planning to implement new jobs. Amthor has contracted with Blair Construction to do some renovations to their office spaces and to the parking. Mr. Amthor stated that they had recently partnered with a company in Iraq and are excited to be bringing money back into the County. HEARING OF THE CITIZENS Mr. Warren opened the Hearing of the Citizens at 7:30 PM. The first signed up to speak was Mr. Michael Yates from the Tunstall District. Mr. Yates was there to represent the Tunstall Middle School Booster Club and voicing that they are having issues with Mr. Mark Moore from Parks and Recreation. Mr. Ryan Allen from the Tunstall District spoke about the Youth Sports Program in the Tunstall area and also voiced his issues with Mr. Mark Moore. Mr. Richard Shumate from the Westover District spoke next and started with prayer. He stated his concerns about the meetings being changed to twice a month and said that it cut the citizens speaking time in half going to once a month. Mr. Warren closed the Hearing of the Citizens at 7:39 PM. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-18-008; Richard Adam Gillespie; Dan River Election District; R-1, Residential Suburban Subdivision District to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:39 PM . No one signed up to speak and the Public Hearing was closed at 7:42 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Joe Davis, Vice Chair - Dan River District SECONDER: Charles Miller, Supervisor - Banister District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer Case 2: Public Hearing: Rezoning Case R-18-009; Jo Ann Pyles; Banister Election District R- 1, Residential Suburban Subdivision District to RMF, Residential Multi-Family District (Staff Contact: Gregory L. Sides) Board of Supervisors May 15, 2018 Business Meeting Mr. Warren opened the Public Hearing at 7:42 PM. Ms. Pyles was in attendance to represent the petition. No one signed up to speak and the Public Hearing was closed at 7:44 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Charles Miller, Supervisor - Banister District SECONDER: Joe Davis, Vice Chair - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer Other Public Hearings 1. Public Hearing: VDOT Secondary Six-Year Improvement Plan (Staff Contact: Gregory L. Sides); (Presenter: Joseph A. Craddock, VDOT) Mr. Warren opened the Public Hearing at 7:45 PM. Mr. Craddock spoke on the Secondary Six- Year Improvement Plan. Mr. Chris Shrewsbury from 199 Doe View Lane in the Tunstall District spoke on the horrible conditions of his road and voiced his wishes for this road to become part of the six year plan. Ms. Lisa Phelps from Whitetail Avenue in the Tunstall District also spoke on the same area and the 30 houses that are on that road and how terrible it is. She stated that she has to take her kids to top of road to catch bus due to the road conditions. Ms. Marilyn Matherly from Whitetail Avenue in the Tunstall District spoke on the same road and its conditions. Ms. Lois Tickle of Doe View Lane in the Tunstall District also stated that there were 30 houses with multiple families that live on this road and that you could lose your car in the potholes. She stated that they had been trying for 20 years to get on the list to get their road paved. Mr. David Vaden of Whitetail Avenue in the Tunstall District spoke on the same area and talked about how bad the pot holes are. Mr. Charles Easeman from the same community in the Tunstall District spoke about the potholes and stated that rescue responders would have trouble getting down the road if there were an emergency. Mr. Jerry Anderson of Whitetail Avenue in the Tunstall District voiced his concerns about the same area. Mr. Richard Shumate had signed up to speak but yielded his time. Ms. Donna Smith of Whitetail Avenue in the Tunstall District voiced her concerns for the same road. Ms. Kim Stallings of Whitetail Avenue in the Tunstall District stated that last year the people who live on that road wondered how their kids would get to school and how they would get to work. She asked for the road to at least be state maintained with gravel. Mr. Warren closed the Public Hearing at 8:03 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Joe Davis, Vice Chair - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer 2. Public Hearing: Revisions to Chapter 9 (Vehicle License) of the Pittsylvania County Code (Staff Contact: J. Vaden Hunt) Mr. Warren opened the Public Hearing at 8:12 PM. Mr. Richard Shumate from the Westover District stated his concerns about everything due at one time and taxes being "doubled." He also suggested monthly billing. Mr. Warren closed the Public Hearing at 8:16 PM. Board of Supervisors May 15, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ronald Scearce, Supervisor - Westover District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer 3. Public Hearing: Revisions to Chapter 17 (Solid Waste Disposal) of the Pittsylvania County Code (Staff Contact: J. Vaden Hunt) Mr. Warren opened the Public Hearing at 8:17 PM. Mr. Shumate from the Westover District expressed his concerns about the solid waste fee. Mr. Warren closed the Public Hearing at 8:22 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald Scearce, Supervisor - Westover District SECONDER: Ben Farmer, Supervisor - Callands-Gretna District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer 4. Public Hearing: Revisions to Chapter 25 (Procurement Policy) of the Pittsylvania County Code (Staff Contact: J. Vaden Hunt) Mr. Warren opened the Public Hearing at 8:23 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 8:25 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald Scearce, Supervisor - Westover District SECONDER: Joe Davis, Vice Chair - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer 5. Public Hearing: Revisions to Pittsylvania County Code Section 36-1 (Assessment for Courthouse Construction, Renovation, or Maintenance) (Staff Contact: J. Vaden Hunt) Mr. Warren opened the Public Hearing at 8:26 PM. Mr. Richard Shumate from the Westover District voiced his concerns about the security at the courthouse complex. Mr. Warren closed the Public Hearing at 8:31 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Joe Davis, Vice Chair - Dan River District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer 6. Public Hearing: Solid Waste Enterprise Fund Budget Amendment (Staff Contact: Kimberly G. Van Der Hyde) Mr. Warren opened the Public Hearing at 8:33 PM. Mr. Robert Gilbert from the Banister District expressed his concerns about the solid waste fee while still being in support of the Landfill, in addition to raising taxes and the license fee. He thinks that the timing is what is wrong. He also Board of Supervisors May 15, 2018 Business Meeting stated that he is concerned about what is considered to be the exemptions. Mr. Robert Neal from the Banister District stated his concerns on the fee. Mr. Lewis Dodson was signed up to speak but declined his time. Mr. Richard Shumate was signed up to speak but declined his time. Mr. Gary Poindexter, Town of Hurt Mayor, from the Staunton River District spoke in support of the fee because it is a necessity, but he also voiced his concerns in its implementation. He suggested doing the billing twice a year because the Town of Hurt will be looking into adding a collection fee as well and suggested the County collaborate with the Town to see if they can come up with something to help the citizens of the towns. Mr. Warren closed the Public Hearing at 8:42 PM. Mr. Blackstock stated that he is already hearing concerns from his constituents regarding the Solid Waste Fee, and foresees future conversation about this fee. He stated that he doesn't like it being due around Christmas and feels that it would be better to be billed in two stages. Mr. Barber stated that he did not like this either, but considering the adjustments that were made on the real estate, the fee was the closest they could get for the budget. Mr. Warren stated for the citizens that the reason the fee will be billed in December is because it was impossible, due to technology, for it to be billed in July and December. Mr. Scearce stated that they would be advertising as quickly as possible for citizens to start the exemption process, and they do not have to wait until December to file for the exemption. RESULT: APPROVED [6 TO 1] MOVER: Ronald Scearce, Supervisor - Westover District SECONDER: Ben Farmer, Supervisor - Callands-Gretna District AYES: Warren, Davis, Barber, Blackstock, Scearce, Farmer NAYS: Miller UNFINISHED BUSINESS NEW BUSINESS a. Letter of Agreement: Tobacco Grant; Cane Creek Centre Shell Building (Staff Contact: Gregory L. Sides) RESULT: APPROVED [UNANIMOUS] MOVER: Joe Davis, Vice Chair - Dan River District SECONDER: Ronald Scearce, Supervisor - Westover District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer b. Letter of Agreement: Tobacco Grant; Shell Building for Project Apple (Staff Contact: Gregory L. Sides) RESULT: APPROVED [UNANIMOUS] MOVER: Ronald Scearce, Supervisor - Westover District SECONDER: Joe Davis, Vice Chair - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer c. School Resource Officer Grant Applications Board of Supervisors May 15, 2018 Business Meeting Mr. Smitherman stated that he received a request to submit a grant to the State for four (4) school resource officers for Elementary Schools. This does require a local match of approximately $61,000 per year for the first four (4) years. The fifth year would become one hundred percent County cost at approximately $220,000. Mr. Blackstock stated that this was discussed in the Work Session and that it was asked that the school system and the County would look for ways to save this cost in the future. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald Scearce, Supervisor - Westover District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer d. Award of Bid on Courthouse Janitorial Services (Staff Contact: Richard N. Hicks) Mr. Blackstock asked that this item be removed from consent and wants the Board to understand the ramifications of going to private contracts, which could cause employees to lose their jobs. He wants more discussion about the matter. Mr. Warren stated that he wanted to make it clear that it is a very hard decision to make for the budget season, but from attending all of the citizen input meetings, they heard most of them echo the same things; which is to be held accountable for the spending. RESULT: APPROVED [6 TO 1] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Joe Davis, Vice Chair - Dan River District AYES: Warren, Davis, Barber, Scearce, Miller, Farmer NAYS: Blackstock e. Award of Bids for Lawn Maintenance (Staff Contact: Richard N. Hicks) Mr. Hicks stated that the County received bids to take care of all lawn maintenance of all the County facilities. The low bid came in from Crider Contracting LLC. There would be a savings of about $14,500 per year if these services were contracted out. Mr. Blackstock asked if this was a part time position, and Mr. Hicks said that it would affect one full time and one part time employee. Mr. Blackstock stated that before these items get to the Board packet, they need to be discussed first. He believes that in some cases they are warranted but wants there to be discussion before they are pushed through on the Consent Agenda. RESULT: APPROVED [5 TO 2] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald Scearce, Supervisor - Westover District AYES: Warren, Davis, Scearce, Miller, Farmer NAYS: Barber, Blackstock APPOINTMENTS a. 1137 : Appointment to CPMT; Richard Hicks Board of Supervisors May 15, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben Farmer, Supervisor - Callands-Gretna District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer b. 1148 : Appointment; IALR Board of Trustees; Joyce Wright RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Joe Davis, Vice Chair - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer MATTERS FROM WORK SESSION (IF ANY) a. Gunn Garland CDBG Application (Staff Contact: Gregory L. Sides) Mr. Sides stated that this topic was thoroughly discussed during the Work Session and i s requesting for the Board to authorize submission of the planning grant. RESULT: APPROVED [UNANIMOUS] MOVER: Joe Davis, Vice Chair - Dan River District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer BOARD MEMBER REPORTS Mr. Farmer stated that this Saturday the Town of Gretna will be hosting a cruise in. Mr. Warren congratulated Chatham Hall as being recognized for their beautiful campus and he also congratulated the career and technical students on the precision machine program at the local, state, and national level; and also congratulated Mr. Roy Byrd on his retirement. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman congratulated Mr. Jim Davis on his retirement. He also spoke on the dog park sign being installed at the Pet Center and stated that it was completely privately funded. CLOSED SESSION Motion made by Mr. Davis, Seconded Dr. Miller, to go into Closed Session, which was unanimously approved by the Board. The Board entered into Closed Session at 9:25 PM. 1. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. (Staff Contact: J. Vaden Hunt) Board of Supervisors May 15, 2018 Business Meeting 2. 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. (Staff Contact: Matthew D. Rowe) RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION 1. Closed Session Certification The Board returned to open session at 10:09 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on May 15, 2018, 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 Elton W. Blackstock Yes Joe B. Davis Yes Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes The following Board of Supervisors Statement was then read: On March 20, 2018, the Pittsylvania County Board of Supervisors (the "Board") conducted a legal Closed Session to discuss issues related to the Pittsylvania County Department of Social Services' employment environment situation (the "DSS situation"). At no time during that Closed Session, in full compliance with the Virginia Freedom of Information Act, did the Board vote on the DSS situation. In fact, to date, the Board has never voted, in Open or Closed Session, on the DSS situation. That being said, the Board and the County Administration take the DSS allegations very seriously and continue to closely monitor the DSS situation. The Board is awaiting the completion of the Virginia Department of Social Services' local assessment, Board of Supervisors May 15, 2018 Business Meeting anticipated to be completed in mid-June, before determining whether or not to take any appropriate related action. ADJOURNMENT Mr. Warren adjourned the meeting at 10:12 PM.