02-01-2010 BOS Regular MeetingRegular Meeting
February 1, 2010
Pittsylvania County Board of Supervisors
Monday, February 1, 2010
Regular Meeting
VIRGINIA: The Regular meeting of the Pittsylvania County Board of
Supervisors was held on Monday, February 1, 2010 in the General District Courtroom of
the Edwin R. Shields Addition in Chatham, Virginia. Henry A. Davis, Chairman, called
the meeting to order at 7:01 p.m. The following members were present:
Tim Barber
James Snead
William H. Pritchett
Henry A. Davis, Jr.
Marshall Ecker
Fred M. Ingram
Tunstall District
Dan River District
Banister District
Chatham-Blairs District
Staunton River District
Callands-Gretna District
Mr. Coy E. Harville, Westover District, was absent.
Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel,
and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present.
Mr. Ingram gave the invocation.
Motion was made by Mr. Barber, seconded by Mr. Ecker, to approve the agenda.
Hearing of the Citizens
Mr. James McDaniel, Superintendent of the Pittsylvania County Schools, was the
first to speak, and asked the Board the following questions: 1) Since it was unlikely the
Board was going to use any portion of the remaining balance of funds in school bonds
construction for revitalization projects at the high schools, would they commit to use the
$1.2 million in interest accrued from the school bonds to free up local dollars in the
School budget to maintain quality education programs for the student and preserve jobs
in the community? 2) Would they commit to use the nearly $1 million in contingency
funds included in the bond funds to free up local dollars in the School Board budget to
support these projects? Mr. McDaniel gave each board member and Mr. Sleeper a copy
of the school board's 2010-2011 budget workbook option #1 and option #2, and thanked
the board for his opportunity to address them.
The next person to speak was Ms. Sonja Ingram, Field Representative of
Preservation Virginia and addressed the Board on behalf of Preservation Virginia and the
Pittsylvania County Historical Society concerning their desire to be part of and to assist
with the development plans at the Berry Hill Mega Park industrial site. Both
Preservation Virginia and the Pittsylvania County Historical Society request that they be
able to work with the County and with the Danville-Pittsylvania Regional Industrial
Facilities Authority (RIFA) to create a community heritage park that would coexist and
blend with the proposed development at the Mega Park. They believe the area to be one
of the most historical in the County due to the Berry Hill plantation
house/grounds/cemetery proximities.
Next, Mr. Allen Gross of the Banister District, making comments on the
following issues: 1) disappointment that Mr. Ingram did not take a stand on the uranium
mining issues; 2) disappointment in Mr. Barber, Mr. Snead and Mr. Barber's vote against
the ban on mining and milling resolution in the Mega Park, and how the ban to prohibit
mining and a moratorium on mining were two different things. 3) his displeasure at Mr.
Barber and Mr. Harville voting against wine and beer sales on Sunday in the Callands-
Gretna District.
Mr. Willie Fitzgerald of the Callands-Gretna District and representing the local
chapter of the NAACP, spoke next, thanking the Board on their resolution to the State
and to the Department of Corrections which asked the State to not relocate any inmates at
the Green Rock facility who had local home addresses when the State transfers 1000
inmates from the State of Pennsylvania to the Green Rock facility. Mr. Fitzgerald invited
Board members to attend a meeting the NAACP has scheduled with representatives from
the Virginia Department of Corrections on Wednesday, February 3, 2010 at 3pm and held
in the Economic Development conference room in Chatham.
This concluded the Hearing of the Citizens.
Regular Meeting
February 1, 2010
Consent Agenda
(a) Draft Minutes: January 4 Reorganizational Meeting
January 19, Adjourned Meeting
(b) Bill List: January 2010
(c) Proclamation: Black History Month
(d) Regional Foundation Grant -Fire Marshall
(e) Courthouse Security -Transfer
Mr. Ingram made a motion, seconded by Mr. Ecker, to pull item (c) Proclamation
for Black History Month, from the Consent Agenda and the amendments to the draft
minutes of January 2010
The following typing corrections are to be noted to the draft minutes for:
January 4, 2010
(a) P. 8; Under "Appointments of Committees by Chairman: "Mr. Davis "appointed
the following Board members, not "Mr. Harville".
(b) P. 9; Line 8; "Mr. Davis "made appointments, not Mr. Harville.
(c) P. 9; Appointment #12 -Danville Regional Facilities Authority; "(Alternate)"
should be added after Fred M. Ingram.
(d) P. 11; 2"d Paragraph; Line 5; the resolution supported "Todd Haymore ", not
"Greg Haymore".
January 19, 2010
(a) P. 16, Public Hearing- Proposed Amendments to Chapter 31-3.1 of Pittsylvania
County Code; Line 8; 5th word should be "would "and not "was".
(b) P. 15, Case 3-Charles D. Eanes & Nancy O. Eanes; Line 7, 10th & l lth words
should "the re-zoning" instead of "all deeds" .
(c) P. 16, Continuation of Case 3-(Eanes); Line 22; 9th & 10`h words should be "the
re-zoning" instead of "referenced parcels".
(d) P. 17, 1St Paragraph; Line 6; 9th word should be "draft" instead of "dart" and last
word in that same line should be "on "instead of an.
(e) P. 18, under New Business; 2°d Paragraph; the declaration by Board members in
sentence 5 should read as follows: "Before voting on the resolution, the following Board
members declared they had land in the Land Use program, were a member of a group of
3 or more who were affected by the transaction, that he is able to participate in the
transaction fairly, objectively, and in the public interest, and made his declaration orally
to be recorded in written minutes of his agency or filed a signed written declaration with
the clerk or administrative head of this governmental agency, and retained and will make
available for public inspection such declaration for a period of five years from the date of
recording or receipt. "; Mr. Ecker, Mr. Davis, Mr. Harville and Mr. Barber.
(f) P. 19; 6th Paragraph (next to last Paragraph); Line 6; 7th word should be "dam ".
(g) P. 20, 3`d Paragraph (Added Items)-All references to the "Food Bank Center"
should be corrected to the "Food Center ". This correction should continue for every
mention of this organization. and approve the Consent Agenda. The following roll call
vote, required because of the budget transfer, was recorded: Mr. Ingram-Yes, Mr. Barber
- Yes, Mr. Snead -Yes, Mr. Pritchett- Yes, Mr. Harville -Absent, Mr. Ecker -Yes, Mr.
Davis- Yes. Mr. Ingram's motion was unanimously passed by the Board with the
exception of Mr. Harville, who was absent.
Motion was made by Mr. Pritchett, seconded by Mr. Ecker, to approve the
Proclamation on February as Black History Month in Pittsylvania County, which was
Regulaz Meeting
February 1, 2010
unanimously approved by the Board with the exception of Mr. Harville, who was absent.
Mr. Pritchett then read the proclamation.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
PROCLAMATION
BLACK HISTORY MONTH
Whereas, the month of February has been designated as Black History Month by
the U. S. Congress; and
Whereas, Black Heritage is a distinct factor in the history and the evolution of
our government brought to national attention in 1926 by the work of the late historian,
Dr. Carter G. Woodson, a native of Southside Virginia; and
Whereas, the Board of Supervisors wishes to encourage all the Citizens of
Pittsylvania County to better understand the role of Black Citizens in the formation and
growth of our Nation, State and County.
Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of
Supervisors that the month of February is hereby proclaimed Black History Month in
Pittsylvania County and that the Pittsylvania County Schools, County Libraries and all of
the Citizens of Pittsylvania County are encouraged to make a special effort to research
and acknowledge the historical contributions made by Black Americans to the Nation,
State and County.
Given under my hand this 1st day of February 2010.
Unfinished Business
The board unanimously approved, with the exception of Mr. Harville who was
absent, the amended By-Laws presented at the January 4, 2010 meeting and which are to
include to those amendments the change in Section 2.8 concerning Hearing of the
Citizens to read "district" and not address.
New Business
Mr. Sleeper stated that as Land Use has become an issue in subdivided properties
the Commissioner of Revenue will not approve Land Use in a subdivision and therefore a
number of individuals have approached him for vacating portions or lots in a subdivision.
Mr. Light stated he had told the Commissioner that people seeking these requests needed
to be referred to private counsel of their choice, not to the County Administrator. He
stated they could be routed to the regular agenda of the Planning Commission and didn't
see why the vacations couldn't be handled the same as a rezoning case. Mr. Light has
been working on forms for vacation of subdivision requests. Mr. Sleeper stated no action
needed to be taken; he just wanted the Board to be aware of the issues involving this
topic.
Motion was made by Mr. Barber, seconded by Mr. Snead, to approve a settlement
agreement and resolution (2010-02-01) between the Pittsylvania County Board of
Supervisors, Pittsylvania County Schools and the Moseley Group Architects, who did
design work on the four middle schools. This agreement and resolution are the final
documents concerning this matter. Mr. Ecker asked if all the problems in the schools had
been corrected. Mr. Light stated that the schools are content with the results and ready to
finalize this agreement. Mr. Barber's motion was unanimously approved by the Board,
with the exception of Mr. Harville, who was absent.
Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Amendment
Regulaz Meeting
Februazy 1, 2010
No. 4 to the Chatham Southern Railway Depot in the amount of $4,860 and authorize the
County Administrator to sign on behalf of the County.
Motion came from the Legislative Committee (made by Mr. Barber, seconded by
Mr. Ecker) recommending the Board of Supervisors approve the proposed changes to
Section 6-12 of the Pittsylvania County Code to incorporate revalidations and withdrawal
from the Land Use Program, with continuation of qualifications, as well as updating all
statutory citations of the State Code in the current ordinance and set a required public
hearing. The proposed changes are:
Section 6-12.1 (b) A separate application shall be filed for each parcel on the land book.
The owner of any property accepted into the land use classification ,as provided for in
this Chapter shall annually recertify to the Commissioner of the Revenue on forms
provided by the Commissioner of the Revenue and mailed to the owner of said real estate
with the tax statement for real estate taxes due and payable on December S`h of each
year. The annual recertification shall be completed and returned to the Off ce of the
Treasurer on or before the date that the December tax payment is due.
Section 6-12.7.1 VOLUNTARY WITHDRAWAL WITH CONTINUATION OF
QUALIFICATION (a) Any person wishing to voluntarily remove their land from land use
taxation is hereby permitted to do so without assessment of roll-back taxes as long as the
use or acreage does not change to such to preclude qualification for land use taxation, or
the zoning of the real estate is not changed to a more intensive use at the request of the
owner or his agent, for the next five (S) years following the withdrawal of the property
and the initiation of fair market taxation, if said parcel of land is altered to nonqualifying
use of the acreage is reduced to such to make the property nonqualifying or the property
rezoned to a more intensive use at the request of the owner or his agent, the property
shall then be assessed the appropriate roll-back taxes from the date of nonqualfication.
If the property is voluntarily withdrawn from land use taxation is subjected to an acreage
change by the owner, then only that portion which no longer would qualify had the
property remained in land use taxation be subject to roll-back taxes and interest as
provided in the Chapter. The taking of real estate which be being valued, assessed and
taxed under this ordinance by right of eminent domain shall not be subject to real estate
so taken to the roll-back taxes herein opposed. (b) Any person who wishes to voluntarily
revert to fair market taxation shall, for the next five (S) years following the withdrawal of
the real property from land use taxation, file the annual recertification provided for in
Section 6.12-1. (b). The owner of any property accepted into land use classification as
provided for in this Chapter shall annually recertify to the Commissioner of the Revenue
on forms provided by the Commissioner of the Revenue and mailed to the owner of said
real estate with the tax statement for real estate taxes due and payable on December S:h
of each year. The annual recertification shall be completed and returned to the Office of
the Treasurer on or before the dated that the December tax is due.
Mr. Ecker, Mr. Barber and Mr. Davis then made the following declaration: that they
"were a member of a group of 3 or more who were affected by the transaction, that they
are able to participate in the transaction fairly, objectively, and in the public interest,
and made their declarations orally to be recorded in written minutes of their agency or
filed a signed written declaration with the clerk or administrative head of this
governmental agency, and retained and will make available for public inspection such
declaration for a period of five years from the date of recording or receipt. "The
committee's motion to hold a public hearing on the proposed amendments to Section 6.12
of the Pittsylvania County Code and hold a public hearing on February 16, 2010 was
unanimously approved by the Board with the exception of Mr. Harville, who was absent.
Mr. Sleeper asked that the Board declare an emergency due leaking roof of the
Moses Building that was causing significant damage to desks, paperwork, ceiling tiles,
and other areas of the offices. Motion was made by Mr. Ecker, seconded by Mr. Snead,
to authorize the County Administrator to contact design work and specification, as well
as air quality testing in the Moses Building, in an amount not to exceed $35,000 and to
Regular Meeting
February 1, 2010
authorize the transfer of such funds from the 310 Account under 891333 to transfer to
310 Account 911002 -Moses Building, which was unanimously approved by the Board,
with the exception of Mr. Harville, who was absent.
Motion was made by Mr. Ingram, seconded by Mr. Ecker, to authorize the County
Administrator to negotiate a contract with Pay-Tel Communications for Jail Inmate
Phone Services, which was unanimously approved by the Board with the exception of
Mr. Harville, who was absent.
Motion was made by Mr. Barber, seconded by Mr. Ecker, to approve the
Comprehensive Economic Development Strategies (CEDS) for the Federal Economic
Development Administration Program through West Piedmont Planning District and
authorize the County Administrator to submit them to the West Piedmont Planning
District for 2010, which was unanimously approved by the Board with the exception of
Mr. Harville, who was absent.
Committees
Mr. Ecker stated the Legislative Committee met at 4:30pm on February 1, 2010
and referred to the County Administrator for a spreadsheet to be prepared and brought to
the Board with the Committee's recommendation at the February 1, 2010 Regular
meeting of the Board.
Motion was made by Mr. Ecker, seconded by Mr. Snead to adjourn the meeting,
which was unanimously approved by the Board.
The meeting adjourned at 7:42pm.
Henry A. Davis, Jr., Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors