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09-18-2018 Business Meeting Minutes - DRAFT September 18, 2018 Business Meeting Pittsylvania County Board of Supervisors Business Meeting September 18, 2018 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on September 18, 2018, in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Chairman - Chatham-Blairs District, Robert W. "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 W. "Bob" Warren Chairman - Chatham-Blairs District Present 7:00 PM Ronald S. Scearce Vice Chair - Westover District Present 7:00 PM Tim R. Barber Supervisor - Tunstall District Present 7:00 PM Elton W. Blackstock Supervisor - Staunton River District Present 7:00 PM Joe B. Davis Supervisor – Dan River District Present 7:00 PM Charles H. Miller Supervisor - Banister District Present 7:00 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 7:00 PM Also in attendance were Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant County Administrator for Operations; Mrs. Kimberly G. Van Der Hyde, Director of Finance; Mr. Matthew D. Rowe, Director of Economic Development; Mrs. Lisa W. Tuite, Library Director; and Mrs. Kaylyn M. McCluster, Deputy Clerk. AGENDA ITEMS TO BE ADDED Motion to add Closed Sessions, Pittsylvania County Library, Project Calcium, Project AP, and Interviews with Potential Attorneys to Conduct DSS HR Investigation, to the Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer CONSENT AGENDA Board of Supervisors September 18, 2018 Business Meeting Motion to approve the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer a. Minutes: August 21, 2018, Work Session and Business Meeting, and September 10, 2018 Personnel Committee Meeting (Staff Contact: Kaylyn M. McCluster) b. Proclamation: National Fire Prevention Week, October 7- 13, 2018 (Staff Contact: Kaylyn M. McCluster) c. Resolution 2018-09-01: EMS Backup Appreciation (Staff Contact: Kaylyn M. McCluster) d. Resolution 2018-09-02: Comprehensive Roadside Management Program (Staff Contact: Richard N. Hicks) e. Lease Agreement; Blair Construction Green Box Site (Staff Contact: Richard N. Hicks) PRESENTATIONS HEARING OF THE CITIZENS Mr. Warren opened the Hearing of the Citizens at 7:12 PM. Dan Hayes, Chatham -Blairs District, represented Averett University and invited everyone to come to Averett’s homecoming on September 28 - 30. Michael Hughes, Tunstall District, voiced his concerns as he was a member of the Board of Equalization and felt that they were not given enough instruction as to what needed to be done throughout the process. He also expressed his thought that Wingate should be able to present their reasons behind the increases that were imposed. Willie Fitzgerald, Banister District, spoke on behalf of the Board of Equalization and the NAACP. Mr. Fitzgerald also stated his concerns about the instructions of the Board of Equalization and the increase on the current reassessment. Mr. Warren closed the Hearing of the Citizens at 7:24 PM. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-18-018; Mozella K. Reynolds, Life Tenant (Deceased), Nancy Reynolds Amos, Remainderman, Randall C. Amos, Remainderman, Janice Reynolds Spinella, Remainderman, and David G. Spinella, Remainderman; Callands-Gretna Election District A-1, Agricultural District, to R-1, Residential Suburban subdivision District R- 1, Residential Suburban Subdivision District to A-1, Agricultural District (Staff Contact: Karen N. Hayes) Mr. Warren opened the Public Hearing at 7:26 PM. Ms. Spinella represented the Petition. No one signed up to speak. Mr. Warren closed the Public Hearing at 7:28 PM. Motion to rezone Case R-18-018, .450 of an acre from A-1 to R-1, and also .679 of an acre from Board of Supervisors September 18, 2018 Business Meeting R-1 to A-1. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer Case 2: Public Hearing: Rezoning Case R-18-019; Roger C. Chriscoe & Kathy C. Chriscoe; Tunstall Election District A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Staff Contact: Karen N. Hayes) Mr. Warren opened the Public Hearing at 7:29 PM. Mr. Roger Chriscoe represented the petition. Barbara Hudson, Callands-Gretna District, signed up to speak but when called, she stated that she meant to sign up for Hearing of the Citizens. Mr. Warren closed the Public Hearing at 7:30 PM. Motion to rezone Case R-18-019 from A-1 to R-1. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer UNFINISHED BUSINESS NEW BUSINESS a. Danville-Pittsylvania Community Services Performance Contract (Staff Contact: David M. Smitherman) Mr. Jim Bebeau, DPCS Director, presented the FY2019 Performance Contract and stated that it is a formality that takes place every year. Motion to approve the FY2019 Performance Contract Renewal and Revision. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer b. FY2019 School Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated, since the schools now have confirmation of all the Federal and State revenues for the FY19 Budget Year, they are ready to appropriate those to the designated areas. Motion to approve the recommended changes to the Pittsylvania County School Board Budget in Board of Supervisors September 18, 2018 Business Meeting the amount of $404,400.04 as outlined in the Board Packet. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer c. Appropriation of Donations (Staff Contact: Kimberly G. Van Der Hyde) Mrs. Van Der Hyde stated that throughout the year the County would receive donations and reimbursements that have not been previously appropriated to the budget. She presented a list of various donations and/or reimbursements that have been received. Motion to appropriate a total of $12,506.58 to the FY2019 County Budget as outlined in the Board Packet. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer APPOINTMENTS MATTERS FROM WORK SESSION (IF ANY) BOARD MEMBER REPORTS Mr. Barber asked that everyone remember all those affected by Hurricane Florence. Mr. Farmer wanted to make the public aware of the Climax Festival on September 22 and the Callands Festival on September 6. Mr. Blackstock also asked everyone to remember those affected by the Hurricane and stated his appreciation for the invitation to NAACP banquet on Saturday, September 22 at 2:00 PM. Mr. Davis echoed the same sentiments from Mr. Fitzgerald and Mr. Hughes regarding the Board of Equalization and also thanked Staff, Mr. Bebeau, law enforcement, and media staff for their support. Dr. Miller voiced his concerns on uranium and stated the case will go before the Supreme Court on November 5th, and with the County being at the epicenter of the case, he is in the process of communicating with Governor Northam to have tickets to be able to attend the case. Mr. Warren gave some facts from the State of the Region that was recently held. He stated that the County had sixty-six (66) million in investments, the unemployment rate as of July 2018 was 3.9%, and we have the lowest crime rate in the region per one hundred thousand (100,000). The County has on-time graduation of 91.9%, which is higher than the State average, and several medal winners at different County Schools. Mr. Warren also thanked the Board and the Pittsylvania County School Board for turning the Armory over to the school system. He stated that Ms. Haymore presented amaz ing statistics of what is being done at the Victory Academy at the Work Session earlier in the day. He also congratulated PATHS on their new acquisition in Chatham and stated that there were approximately two Board of Supervisors September 18, 2018 Business Meeting hundred (200) people at the Kyocera ribbon cutting this morning. Mr. Warren congratulated Ben and Kate Farmer on their opening of Sweet Pea's Lighting in Gretna, and stated that he is looking forward to the NAACP banquet on Saturday. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman expressed his appreciation to the Board and citizens for their patience during the transition of the Solid Waste system. Three (3) new employees have been hired to assist with enforcement. Two (2) of the three (3) employees are authorized to write citations to those in non-compliance. There are three (3) things that are non-negotiable. The County cannot and will not accept tires, brush, and will not allow scavenging. Mr. Smitherman stated he is looking forward to educating citizens and making the system one to be proud of. CLOSED SESSION Motion to enter into Closed Session to include the amended items added to the agenda. The Board entered into Closed Session at 8:00 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer a. Pittsylvania County Library Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Lisa W. Tuite) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Pittsylvania County Library Purpose: Discussion of Potential Purchase of Real Estate for Branch Expansion b. Project Calcium 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) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Calcium Purpose: Consideration and Approval of a Performance Agreement for An Unannounced Industry Board of Supervisors September 18, 2018 Business Meeting c. Project AP 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) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project AP Purpose: Discussion of prospective unannounced business and/or industry d. DSS Human Resource ("HR") Investigation Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(29) Subject Matter: DSS Human Resource (“HR”) Investigation Purpose: Interviews with Potential Attorneys to Conduct DSS HR Investigation; Discussion of Terms and Scope of Legal Retainer Contract RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 9:35 PM, and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on September 18, 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 (the “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 Act, he shall so state prior to the vote indicating the substance of the departure. The St atement shall be recorded in the Board’s Minutes. Vote Tim R. Barber Yes Elton W. Blackstock Yes Joe B. Davis Yes Board of Supervisors September 18, 2018 Business Meeting Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes MATTERS FROM CLOSED SESSION 1. Project Calcium Motion to approve the project Performance Agreement for Project Calcium, which will be formally announced by the Secretary of Agriculture and Forestry on September 28, at 10 AM at the Olde Dominion Agricultural Center in Chatham. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer 2. Opioid Litigation Motion to authorize private counsel to file suit on behalf of the County to pursue damages and other relief related to the opioid epidemic. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Davis, Barber, Blackstock, Scearce, Miller, Farmer ADJOURNMENT Mr. Warren adjourned the Meeting at 9:37 PM.