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07-06-09 BOS Regular MeetingRegular Meeting July 6, 2009 Pittsylvania County Board of Supervisors Monday, July 6, 2009 Regular Meeting VIRGINIA: The regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, July 6, 2009 in the County Administration Conference Room of the Moses Building in Chatham, Virginia. Coy E. Harville, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Fred Ingram Tim Barber James Snead William H. Pritchett Henry A. Davis, Jr. Coy E. Harville Callands-Gretna District Tunstall District Dan River District Banister District Chatham-Blairs District Westover District Mr. Marshall Ecker, Staunton River District, was absent. Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel, Greg Sides, Director of Planning, Ken Bowman, Director of Economic Development and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Snead gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the agenda with the following deletion: Item 11-Donald Hart from the Virginia Association of Counties. Mr. Barber's motion was unanimously approved by the Board, with Mr. Ecker being absent. Hearing of the Citizens The first speaker was Mr. Allan Gross of the Banister District who apologized to Mr. Snead implying at an earlier meeting that Mr. Snead had not been to any sub- committee meetings in Richmond related to uranium mining. Mr. Gross made comments concerning how his well drinking water was safe before any uranium core samples were taken, unsafe while and immediately after core samples were taken and now, several months later his water was finally back to a safe level to drink. He encouraged the Board to ban uranium mining in Pittsylvania County. The second speaker was Mr. Phillip Lovelace, Callands-Gretna District, who made comments supporting Mr. Gross and then thanked the Board for having Mr. Gross's water further tested. Mr. Lovelace then described the impact of mining pits in other localities, submitted a list to the Board of other contaminates that should be looked at during drinking water monitoring checks and also encouraged no uranium mining in Pittsylvania County. Mr. George Stanhope, Callands-Gretna District, made comments on the ill-effects that are long term of dust from uranium mining. Ms. Eloise Nenom, Chatham-Blairs District, stated that radon levels also needed to be looked for during these types of water testings since radon contamination can be found in water. Regular Meeting July 6, 2009 Mr. L.C. Carter, Tunstall District, made comments on wanting SR 1068 needed to be finished. Corky Medaglia, Callands-Gretna, made comments supporting Mr. Ingram on wanting to put wine and beer sales the November ballot. Mr. Medaglia stated that while Tomahawk Mills Winery has been closed on Sunday for the last 13 years, now that the Southern Virginia Wine Trails Association was forming; 2 wineries from Pittsylvania County and 4 from Halifax County. Tomahawk Mills Winery would be the only winery in that Association not opened on Sunday, since presently they cannot sell their product on Sunday. Ms. Carolyn Pritchett, Callands-Gretna District, owner of C&E Restaurant, submitted a letter of questions to the Board of Supervisors concerning the RT 40 W Waterline. Because she had throat problems, Mr. Russ Johnson read her letter. Her letter closed in asking the Board to answer her in writing under the Freedom of Information Act. Ms. Nancy Smith, Tunstall District, asked to speak though she had not signed up, having arrived late. Ms. Smith stated that the Board packet was not online over the weekend nor did the board packet arrive at the libraries on time. Next she made comments questioning the Inman Road route of the waterline being taken to give advantage who Ms. Smith believes are Mr. Barber's business partners and are the developers/owners of Sugartree Manor and Tree Lake Subdivisions. She questioned the conflict of interest between Davenport & Company and Mr. Harville. Ms. Debbie Sparks, Callands-Gretna District, reminded the Board of the operation of the Pittsylvania County Citizens Site Blog and that she again offered to help any board member that wanted to set up their own biog. Mr. Ecker is the only member that has taken advantage of this thus far. She wanted to make sure her offer was fair to all board members. She also supported wine and beer sales on Sunday, as well as liquor by the drink throughout the County, feeling it would be an economic advantage to the County. Mr. Harville stated in the future meetings everyone needed to remember that those wishing to speak under Hearing of the Citizens needed to sign up prior to the start of the Board meeting. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: Junel, 2009-Regular Meeting June 16, 2009 -Adjourned Meeting (b) Bill Listing: June 2009 (c) Resolution 2009-07-01 -Virginia Department of Transportation (VDOT)- Evergreen Subdivision, Section II (d) Road Names: in Twin Springs Subdivisions-Twin Springs Drive, Neal Place, Vera Court, and True Court; in Ripley Estates Subdivision-Ripley Lane, Ripley Place, and Ripley Court (e) Community Action Indoor Plumbing Grant Motion was made by Mr. Ingram, seconded by Mr. Barber, to approve the Consent agenda. Mr. Ingram's motion was unanimously approved by the Board, with Mr. Ecker being absent. Regular Meeting July 6, 2009 The Board of Supervisors of Pittsylvania County, in the regular meeting on the 6th day of July, 2009, adopted the following: RESOLUTION 2009-07-O1 WHEREAS, the street(s) described on the attached Additions Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Pittsylvania County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Public Hearings Mr. Sleeper stated that in accordance with § 15.2-951 of the Code of Virginia, 1950, as amended, the public hearing concerning the Kentuck Water Tank had been advertised on May 24, 2009 in the Chatham Star Tribune as a gift from a government to another legal political subdivision of the Commonwealth of Virginia and meet the requirements of the seven day advertisement prior to a public hearing. The Pittsylvania County Board of Supervisors originally bought the Ringgold West Industrial Park. It was later turned over to the Pittsylvania County Industrial Development Authority (IDA). However, before that, several tracts of land was developed or sold, one of which contained a water tank for the industrial park. The water tank is on .52 of an acre site at the Ringgold West Industrial Park. The intent of the Board is to approve a Deed of Gift of the .52 of an acre site to the Pittsylvania County Service Authority. The purpose of the public hearing was to receive citizen input on this Deed of Gift agreement between the Pittsylvania County Board of Supervisors and the Pittsylvania County Service Authority. Regular Meeting July 6, 2009 Mr. Harville opened the public hearing at 7:34pm. No one signed up to speak. Mr. Harville closed the public hearing at 7:34pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the transfer of property known as Kentuck Water Tank at the Ringgold West Industrial Park and approve a Deed of Gift, Dated April 10, 2009 between the Pittsylvania County Board of Supervisors and the Pittsylvania County Service Authority and authorize the Chairman of the Board to signed the required deed and for John Light, Legal Counsel, to approve as to form and file with the Clerk of Court of Pittsylvania County and that be incorporated into Resolution 2009-07-03. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Snead's motion with Mr. Ecker being absent. Unfinished Business At the June 16, 2009 adjourned meeting, motion was made by Mr. Pritchett, seconded by Mr. Barber, to reappropriate the following refunds back and amend the May Budget: $130.00 to Treasurer-Training & Education, $723.00 to Circuit Court-Service Contract, $148.80 to Sheriff-Subsistence & Lodging, $250.00 to Sheriff-Capital Outlay- Veh, $852.40 to Extradition, $3,125.00 to Gretna Industrial Park-Construction; all totaling $5,229.20 and required a 10-day layover. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Pritchett's motion with Mr. Ecker being absent. New Business Motion was made by Mr. Ingram to place on the November ballot for referendum to allow the question for each district on whether the votes of each district should have wine and beer sales on Sunday. No one seconded the motion and this item could no longer be discussed. Motion was made by Mr. Snead, seconded by Mr. Barber, to go to bid on the Whispering Pines/Inman Road project with the any balance necessary for the project come from the General Surplus at the end of the year. It currently appeared that amount could be approximately $451,600 dollars but was not definite until bids came back. Mr. Harville stated that once the bids came in, it would have to be brought back before the Board for approval. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-No; Mr. Harville-Yes. The Board approved Mr. Snead's motion by a 5-1 majority vote, with Mr. Ecker being absent. The Honorable Sheriff Taylor presented to the Board a wellness program the Sheriff's office has been working to develop that would include afitness-agility course, a chaplain unit and financial planning. Mr. Pritchett made a motion, seconded by Mr. Barber, to appropriate an addition $23,837.43 from the balance of carryover 2008-2009 Budget funds from the Sheriff's Department for the wellness program. This appropriation amount required a 10-day layover. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to appropriate $245,789.45 from the balance of carryover 2008-2009 Budget funds from the Sheriff's Regular Meeting July 6, 2009 Department for the Camp 15 Jail Annex for retrofitting and immediate upkeep to the buildings and grounds now that this facility has been turned over from the State to the County. This appropriation amount required a 10-day layover. Motion was made by Mr. Ingram, seconded by Mr. Barber, to appropriate $13,588.57 from the balance of carryover 2008-2009 Budget funds from the Sheriff's Department to cover a shortfall in the Jail's budget line of Boarding of Prisoners- External. .This appropriation amount required a 10-day layover. Motion was made by Mr. Barber, seconded by Mr. Pritchett, to approve the annual contract between Pittsylvania County Community Action, Inc., the City of Danville, the County of Pittsylvania, the City of Danville Public Schools and the Pittsylvania County Schools for the Day Treatment Program. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Barber's motion with Mr. Ecker being absent. Motion was made by Mr. Ingram, seconded by Mr. Snead, to approve a new modified Moral Obligation Agreement, subject to any changes made by legal counsel for both parties, between the Pittsylvania County Board of Supervisors and the Virginia Community Capital Credit, Inc., in the amount of $1,270,897 for Intertape Polymer's expansion of manufacturing operations in Pittsylvania County, with the understanding if substantial changes are made by legal counsel, it would be brought back to the Board for approval of the amended contract and authorize the Chairman to sign on behalf of the Board. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead- Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Ingram's motion with Mr. Ecker being absent. Mr. Sleeper stated that The Gretna Child Care Center was issued a permit on June 10, 2008 for the operation of the waterworks at the child care center. The Virginia Department of Health proposes to revoke the existing permit because this child care center closed as of April 24, 2009. The Health Department requires the Board of Supervisors to agree and signed a required statement that they have no objections for the revocation of the Waterworks operating permit. Motion was made by Mr. Ingram, seconded by Mr. Barber, stating the Board has no objections to the revocation of the Waterworks operation permit issued to the Gretna Child Care Center and authorize the County Administrator to sign on behalf of the Board of Supervisors. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Ingram's motion with Mr. Ecker being absent. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve a contract amendment with Dewberry in the amount of approximately $8,000 for addition design work in the sanitary sewer for the Lakeside Drive Sanitary Sewer project and to authorize the County Administrator to sign all necessary documentation. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Pritchett's motion with Mr. Ecker being absent. Regular Meeting July 6, 2009 Motion was made by Mr. Snead, seconded by Mr. Barber, to set a public hearing for July 21, 2009 for a U.S. Department of Agriculture (USDA) Grant of $50,00 for funding proposed vehicles for the Sheriff's Fleet to be matched with $62,000 from the County's current line item and approve Resolution 2009-07-02, ratifying the action of the County Administrator's signing of all the USDA resolution requirements on June 26, 2009 in order to meet the timing of the application for this grant. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Snead's motion with Mr. Ecker being absent PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-07-02 WHEREAS, the governing body of Pittsylvania County, consisting of seven members, in a duly called meeting held on the 6`" day of July, 2009 at which a quorum was present RESOLVED as follows; and WHEREAS, the Board of Supervisors sees the need to improve and replace a Sheriff's vehicle; then BE IT HEREBY RESOLVED, that in order to facilitate obtaining financial assistance from the United States of America, acting by and through the Rural Housing Service, an agency of the United States Department of Agriculture, (the Government) in the development of a Sheriff's Vehicle fleet to serve the community, the governing body does hereby adopt and abide by the covenants contained in the agreements, documents, and forms required by the Government to be executed; and BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County ratify the actions of the County Administrator that he is authorized to execute on behalf of Pittsylvania County the above-referenced agreements and to execute such other documents including, but not limited to, debt instruments and security instruments as may be required in obtaining the said financial assistance; and BE IT STILL FURTHER RESOLVED, that this Resolution, along with a copy of the above-referenced documents, is hereby entered into the permanent minutes of the meetings of this Board. Motion was made by Mr. Ingram, seconded by Mr. Snead, to ratify the action of the County Administrator's signing a contract in the amount of $2,500 to Dewberry for completion of a new play for the deed necessary to transfer the Gretna Industrial Park property to the Town of Gretna and authorize the County Administrator to sign any necessary documentation. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Ingram's motion with Mr. Ecker being absent. Regular Meeting July 6, 2009 Motion was made by Mr. Barber, seconded by Mr. Pritchett, to appropriate an additional $6,916.64 shortfall in the Electoral Board's budget due to the democratic primary held in June 2009. This appropriation required a 10-day layover. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to set a public hearing to be held on July 21, 2009, for citizen input, on the Board's approval and appropriation of $10,348,312.86 to the School Bond Fund from existing bond proceeds. The following vote was recorded: Mr. Ingram-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Davis-Yes; Mr. Harville-Yes. The Board unanimously approved Mr. Pritchett's motion with Mr. Ecker being absent. Report from Board Members Mr. Harville stated that he would like a report from the Building and Zoning Department comparing building permits and inspections between the months of January through June of 2008 to those same months in 2009. Closed Session Motion was made by Mr. Snead, seconded by Mr. Barber, to enter into Closed Session under the following Authorities: Closed Session -Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Authority: §2.2- 3711(A) (5) of the Code of Virginia, 1950, as amended. The Board unanimously approved Mr. Snead's motion to enter Closed Session. Closed Session began at 8:17pm. with Mr. Ecker being absent Motion was made by Mr. Ingram, seconded by Mr. Barber to reconvene to Open Session, which was unanimously approved by the Board. Open Session reconvened at 8:30pm., Mr. Ecker being absent PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on July 6, 2009, the board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Regular Meeting July 6, 2009 Vote Fred Ingram Yes Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Henry A. "Hank" Davis, Jr. Yes Coy E. Harville Yes Appointments Motion was made by Mr. Ingram, seconded by Mr. Barber, to re-appoint Mr. Hayes McConnell as the Callands-Gretna District representative on the Transportation Safety Board, which was unanimously approved by the Board, with Mr. Ecker being absent. Motion was made by Mr. Ingram, seconded by Mr. Snead, to reappoint Mr. George Winn to the Recreation Advisory Board and was unanimously approved by the Board, Mr. Ecker being absent. Motion was made by Mr. Snead, seconded by Mr. Pritchett to adjourn the meeting, which was unanimously approved by the Board, Mr. Ecker being absent. The meeting adjourned at 8:40pm.