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04-05-2010 BOS Regular MeetingRegulaz Meeting Apri15, 2010 Pittsylvania County Board of Supervisors Monday, Apri15, 2010 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, April 5, 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 7:00 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Marshall Ecker Coy E. Harville Fred M. Ingram Henry A. Davis, Jr. Tunstall District Dan River District Banister District Staunton River District Westover District Callands-Gretna District Chatham-Blairs District Mr. William D. Sleeper, County Administrator and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. John P. Light, Legal Counsel, was absent. Mr. Ecker gave the invocation. Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve the agenda with the following additions/removals: Additions: (1) Land Use -Open Space Agreement (2) Request For Proposal (RFP) -Ambulance Billing Services (3) Letter of Support -Angel Search & Rescue (4) Appointment to the Southern Area Agency on Aging (5) Appointment to the Smith Mountain Lake Water Safety Council (6) Letter of Support -South Central School of Practical Nursing Mr. Ecker's motion to approve the agenda, with the additions, was unanimously approved by the Board. Citizen's Comment Period Ms. Nancy Smith addressed the Board with comments concerning resolutions that at the Tuesday, March 16, 2010 adjourned meeting after returning to Open Session following Closed Session, two resolutions were voted and approved by the Board. Ms. Smith stated those two resolutions were not on the agenda, had not been made available to the public prior to that meeting and were not available to the public during that meeting, their contents were not discussed in Open Session prior to the Board's vote and approval of them, and, that if the Board approved the March 16~' minutes that night (April 5, 2010), then she would hold each and every Board Member accountable. No one else had signed up to speak and this concluded the Citizen's Comment Period. Public Hearing Public Hearing to receive citizen input on the proposal to amend Section 2-22: Running at Large Restrictions in Designated Areas, of the Pittsylvania County Code. The proposed amendment would allow a town council to petition the Board of Supervisors on the behalf of the town's citizens for a designated running at large restricted area. Mr. Davis opened the public hearing at 7:08 pm. Mr. Sleeper explained the Town of Hurt's Council was requesting the County Board of Supervisors to allow Town Council to petition on behalf of its citizens for the Town of Hurt to be designated a running at large restricted area. Section 2-22: Running at Large Restrictions in Designated Areas, of the Pittsylvania County Code currently stated that more than 50% of the property owners of a specified area were needed to petition the Board to hold a public hearing for citizen input before making an amendment to Section 2-22 of the Code. The first person to speak the Honorable Lillian Gillespie, Mayor for the Town of Hurt, who made comments in favor of allowing Town Council to petition on behalf of its citizens, stating by act of the town's citizens electing the council members, council was thus empowered to petition as representatives of their constituents. Jason L. Colbert, Police Officer for the Town of Hurt Police Department, also supported the Town's request, stating his office constantly received numerous complaints for various incidents related to dog problems in the Town. Mr. Davis asked Mayor Gillespie and Officer Colbert who the Town planned on enforcing the animal at large restriction if the Regulaz Meeting Apri15, 2010 Board granted their request and Officer Colbert answered they expected Pittsylvania County's Animal Control to enforce it. The third and last person to speak was the Honorable. Lorraine Rainey Clay, one of the Town's Council members, who also was in favor of the proposed amendment. Mr. Davis closed the public hearing at 7:24pm. Mr. Ingram asked Mayor Gillespie if the Town Council would be willing to put this question of allowing the Town to act on the behalf of its citizens on the Town's November ballot. The Board then asked Mayor Gillespie if the Town had held a public hearing on whether the major of its citizens wanted a restricted area or not. It was indicated that the Town had not. Motion was then made by Mr. Ecker, seconded by Mr. Ingram to amend the language of Section 2-22 (e): Running at Large Restrictions on Designated Ares, of the Pittsylvania County Code, to add the words, " or a Town Council on the behalf of its constituents may petition the Board of Supervisors ". After discussion, a substitute motion was made by Mr. Harville, seconded by Mr. Snead, to table this hearing until the Town either/or both holds a public hearing for citizen input on the Council acting on behalf of the citizens to petition for the Section 2-22 amendment change and/or get a petition at that time from the Town's citizens for the Council to present to the Board of Supervisors. Mr. Hanville's substitute motion was voted on first and the following vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-No; Mr. Harville- Yes; Mr. Ecker-No; and Mr. Davis-Yes. Mr. Hanville's sub-motion to table was approved by 5-2 majority of the Board. Reports, Requests, and Recommendations of the County Administrator Mr. Sleeper stated that Mr. James Snead had been appointed to the Virginia Association of Counties' (VACo) Telecommunication and Utilities Sub-Committee and that Mr. James Davis, Director of Pittsylvania County's Department of Emergency Management had been appointed by Governor Robert McDonnell as President of Virginia Emergency Management Association. Matters Presented by the Board Motion was made by Mr. Harville, seconded by Mr. Snead, to change the Board's By- Laws and revert back to the old agenda format. This motion required a 10-day layover before action could be taken. Mr. Barber and Mr. Pritchett congratulated Mr. Snead on his appointment to the VACo Telecommunication Sub-committee. Mr. Ecker reminded everyone it was Beautification and Litter Control Week in Pittsylvania County, and that he would like to see the County take a stronger approach to cat vaccinations. Mr. Harville stated that he, along with some other supervisors, attended the VACo Region 10 meeting and that Region 10 was in agreement on issues to be covered in Richmond and they needed to keep lobbying for state mandates to be fully funded by the State. Mr. Snead congratulated Mr. Snead on his appointment and told everyone he received a Thank-you card from Morris Stowe, thanking the Board for the flowers and sympathy sent at the passing of his mother. Unfinished Business Mr. Sleeper stated that at their adjourned meeting on March 16, 2010, the Board voted to approve a taxi cab permit request by Darlene Doss pending a favorable character report from the Sheriffs office. The report from the Sheriff's office had been received since that meeting and was favorable, completing all the requirements of Ms. Doss's application and meeting the requirements of Chapter 19, Taxi Cabs, under the Pittsylvania County Code. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the applicant's request for a taxi permit, having meeting the requirements of Section 19-2 (8) B of the Pittsylvania County Code and authorize the County Administrator to sign any necessary documentation on the behalf of the Board. Mr. Ecker's motion was unanimously approved by the Board. A motion was made at the March 16, 2010 meeting by Mr. Harville and seconded by Mr. Barber, to approve the reappropriation of funds such as follows: $3.00 to Sheriff-Police Supplies (1 00-4-03 1 200-60 1 0), $15,462.98 to Sheriff-Undercover Account (100-4-031200- 6024), $900.00 to Sheriff-Petty Cash (100-4-031200-6028), $60.00 to Sheriff-Parts (100-4- 031200-6030), $384.39 to Jail-Extradition (100-4-033100-5550), $3,026.50 to CSA(Comprehensive Services Act)-Pool Funds (100-4-053500-7003), $13,857.00 to Building and Grounds-Capital (310-4-094130-8158). This motion required a 10-day layover that had now been met. The following roll call vote was recorded: Mr. Ingram-Yes, Mr. Harville - Yes; Mr. Ecker -Yes; Mr. Barber -Yes; Mr. Snead- yes; Mr. Pritchett- Yes; and Mr. Davis- Yes. Mr. Harville's motion was unanimously approved by the Board. Regular Meeting April 5, 2010 At their adjourned meeting held on March 16, 2010, Board tabled action on the Blairs Community Center annual contract due to the need for having to amend the lease agreement with the names of the current owners of the Ms. Roy N. Ford Estate, who own a portion of the playing field used at the community center. Mr. Sleeper stated the amendments to the lease concerning that estate had not been completed. A motion was made by Mr. Harville, seconded by Mr. Barber, to table action on the lease agreement and for the Board to agree to continue on a month to month basis with the current terms of the March 2005 lease. Mr. Harville's motion was approved with a 6-1 majority vote of the Board, with Mr. Ecker voting in opposition of the motion. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber, to added the following items to the Consent agenda: 1. Item #15 from the Agenda-Authorization to negotiate a contract for radio consultant. 2. Item #11 from the Agenda-Auction of Surplus County Property. 3. Item #Commonwealth Attorney Restricted Seizure Funds. 4. Item 5(a)(3) that had been added to the meeting agenda-Letter of Support -Angel Search and Rescue. Consent Agenda: (a) Mintues: March 1, 2010-Regular Meeting March 9, 2010-Work Session March 12, 2010-Special Call Meeting March 16, 2010-Adjourned Meeting March 29, 2010-Work Session (b) Bill Listing: March 2010 (c) Proclamation -National Animal Control Appreciation Week (d) Proclamation -National Public Safety Telecommunications Week (e) Proclamation -National Volunteer Week Mr. Ecker stated he did not want Item #11, Auction of County Surplus, from the Agenda moved to the Consent agenda. Mr. Harville amended his motion, excluded Item # 11 as an addition to the Consent Agenda, with Mr. Barber seconding Mr. Harville's amended motion and the Board unanimously approved Mr. Harville's amended motion for additions to the Consent Agenda. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the Consent Agenda including the approval of the minutes of the Consent Agenda and to ratify resolution 2010-03-08 and 2010-03-09 of the March 1, 2010 meeting. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL ANIMAL CONTROL APPRECL4TION WEEKApril Il`h -April 17th' 2010 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON MONDAY, APRIL 5, 2010, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, the National Animal Control Association has designated the second week in April each year as Animal Control Appreciation Week; and Whereas, the various Federal, State, and Local Government Officials throughout the Country takes this time to recognize, thank, and commend all Animal Control Officers for the dedicated service they provide to the Citizens, various Public Safety, Public Service Agencies and Departments throughout the Country; and Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks and appreciation for the outstanding service the Pittsylvania County Animal Control Department provides on a daily basis to the citizens of Pittsylvania County and to the various Public Safety, Public Services Agencies and Departments; and Whereas, the Pittsylvania County Board of Supervisors recognizes and commends the Animal Control Off cers for the many dedicated and long hours of service they perform in Regulaz Meeting April 5, 2010 serving this community, and for fulfilling their commitment to providing the highest and most of tcient level of service; and WHEREAS, the Pittsylvania County Board of Supervisors wishes to commend each and every Animal Control Officer for their service, which is in keeping with the long and distinguished tradition of the Animal Control Profession; and Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of Supervisors off cially recognize and proclaim the week of April 11 `h through 17`h , 2010 as National Animal Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare of all. Given under my hand this 5`h day of April, 2010. PITTSYLVANL4 COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK April 11 `h -17th, 2010 Whereas, emergencies can occur at anytime that require police, fire or emergency medical services; and Whereas, when an emergency occurs the prompt response of police off cers, firefighters and EMS personnel is critical to the protection of life and preservation of property; and Whereas, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Pittsylvania County 9-1- 1 Center; and Whereas, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and Whereas, Public Safety Telecommunicators are the single vital link for our police off cers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and Whereas, Public Safety Telecommunicators of the Pittsylvania County 9-1-1 Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and Whereas, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims the week of April 11 `h through 17`h, 2010 to be National Telecommunications Week in Pittsylvania County, Virginia, in honor of the men and women whose diligence and professionalism keep our County and citizens safe. Given under my hand this day 5`h day of April, 2010. PITTSYLVANIA COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL VOLUNTEER WEEK April 18`" - 24`h, 2010 "Celebrating People in Action" Whereas, the entire community can inspire, equip and mobilize people to take action that changes the word; and Whereas, volunteers can connect with local community service opportunities through hundreds of community service organizations and volunteer centers; and Whereas, individuals and communities are at the center of social change, discovering their power to make a difference; and Regular Meeting Apri15, 2010 Whereas, two significant national celebrations fall during National Volunteer Week: Earth Day and Global Youth Service Day; and Whereas, during this week all over Pittsylvania County and the Nation, service projects will be performed and volunteers recognized for the commitment to service; and Whereas, the giving of oneself in service to another empowers the giver and the recipient; and Whereas, experience teaches us that government by itself cannot solve all of our nation's social problems; and Whereas, our country's volunteer force of over 61 million is a great treasure; and Whereas, volunteers are vital to our future as a caring and productive nation; then Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims the week of April 18`h - 24th, 2010 to be National Volunteer Week in Pittsylvania County, Virginia, in honor of the citizens who volunteer in Pittsylvania County. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. Given under my hand this day Srh day of April, 2010. New Business Motion was made by Mr. Barber, seconded by Mr. Pritchett, to approve the County putting out for bid a Request For Proposal (RFP) to do preliminary engineering for the Tunstall High School waterline, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the acquisition of the Medical Center Road property negotiated for the purpose of placing a waste convenience center there, to authorize Legal Counsel to sign and accept this deed or such substantially similar document on the behalf of the Pittsylvania County Board of Supervisors and to prepare such other documents as necessary for the transaction and to close on the behalf of the County. Mr. Harville asked Mr. Barber if he would amend his motion to include "provided the money for the purchase was in the budget". Mr. Barber agreed to include that within his motion, and Mr. Snead agreed to second Mr. Barber's amended motion. The Board unanimously approved Mr. Barber's Motion was made by Mr. Ecker, seconded by Mr. Ingram, to sell County surplus equipment online, trying that fora 60-day trial period and if it did not appear the items were selling as they should, then go back to the normal public auction. Mr. Ecker's motion was approved by a 6-1 majority vote of the Board with Mr. Barber voting in opposition. Motion was made by Mr. Ingram, seconded Mr. Barber, to approve adopting Resolution 2010-04-01, endorsing participation in the Virginia Juvenile Community Crime Control Act (VJCCCA) Biennial Plan, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-04-01 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON MONDAY, APRIL 5, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED: WHEREAS, the Pittsylvania County Board of Supervisors will participate in the Virginia Juvenile Community Crime Control Act and accept funds appropriate for the purpose set forth in this Act until written notice to the contrary is provided to the Department of Justice; then NOW, THEREFORE BE IT RESOLVED, that the County Administrator is hereby authorized to execute a local plan on behalf of the County Administrator. Given under my hand this St" day of April, 2010. Regulaz Meeting April 5, 2010 Motion was made by Mr. Harville, seconded Mr. Ingram, to award a bid to Terra Compactor Wheels Corporation at a cost of $28,950 for trash compactor wheels and cleats for a 2003 model Caterpillar 836G Compactor located at the landfill, and transfer funds from 310- 4-094120-814500, Engineering, to 100-4-04240-604200, Solid Waste Disposal undercarriage to cover this award. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Snead, to award a bid to J.B. Heavy Equipment Repairs, Inc., at a cost of $23,425 for an engine replacement fora 1980 model Caterpillar 621-B scraper located at the County landfill and to transfer funds from 310-4- 094120-814600, Engineering, to Solid Waste Disposal -Engineer Accessories,100-4-042400- 603200 to cover this award. Mr. Ingram's motion was unanimously approved by the Board. There were no recommendations from the Legislative Committee or Solid Waste Committee before the Board. Motion was recommended by the Finance Committee to the Board was to advertise the proposed school budget without the $600,000 discussed a few weeks ago, for a public hearing on May 5, 2010 for the school budget, to be advertised at $82,047,285. The motion passed by a 6-1 majority vote of the Board with Mr. Pritchett opposing. Motion was made by Mr. Barber, seconded by Mr. Snead, to appropriate $6,202.73 to the State Forestry line, 100-4-071500-5666, from unappropriated surplus. This motion required a 10-day layover before action can be taken. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve amendment #5 to Dewberry for the Chatham Southern Railway Depot Phase IV in the amount of $6,900 and authorize the County Administrator to sign on behalf of Pittsylvania County, pending any changes by legal counsel. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Harville, to set a public hearing for Tuesday, April 20, 2010, to receive citizen input on the proposed closure of the County's unnamed cul-de-sac off Industrial Drive in Gretna, Virginia, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve a contract with Hurt & Proffitt for revised design plans on the waterline project on Berry Hill Road in the amount of $2600 and authorize the County Administrator to sign all necessary documentation pending any changes necessary by legal counsel. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve proposed surveying at Ringgold West Industrial Park with Dewberry for a lump sum of $1600 and authorize the County Administrator to sign all necessary documentation on the behalf of the County. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to table action on Business Audit Services to be used by the Commissioner of Revenue office until a more detailed cost could be provided by the lowest responsive bidder. The bid given by Johnson CPA, PLLC & Consulting was $4,800, plus out of pocket expenses and travel and the Board felt that amount could escalate the final cost to exceed with other bidders made in their proposals. Mr. Harville's motion was unanimously approved by the Board. Added Items Motion was made by Mr. Harville, seconded by Mr. Ingram to approve the Land Use Open Space Agreement and authorize the Commissioner of Revenue to forward copies to individuals interested in contracting with the Board of Supervisors, providing the Land Use rate be used by the Commissioner of Revenue. A substitute motion was made by Mr. Ecker, seconded by Mr. Ingram, to table the issue until there more discussion concerning Open Use and the criteria of what could be used in open space. Mr. Ecker, Mr. Harville, Mr. Barber and Mr. Davis made declarations that they owned land in the Land Use program, but did not have any land in the Open Space program: Each was 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 Regulaz Meeting April 5, 2010 declaration for a period of five years from the date of recording or receipt. Mr. Pritchett abstained from voting. The following vote was recorded: Mr. Barber-No: Mr. Snead-No; Mr. Ingram-Yes; Mr. Harville-No; Mr. Ecker-Yes and Mr. Davis-Yes. By a 3-3 vote of the Board, the substitute motion by Mr. Ecker failed. The Board then voted on Mr. Harville's motion, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Ingram, authorize the County Administrator to solicit a Request For Proposal for Ambulance Billing, which passed by a majority vote of 6-1 by the Board with Mr. Harville in opposition. Appointments to the Southern Area Agency on Aging and the Smith Mountain Lake Water Safety Council were tabled until the April 20, 2010 meeting. Motion was made by Mr. Harville, seconded by Mr. Barber to approve a letter of support of for the South Central School of Practical Nursing and authorized the County Administrator to sign on behalf of the Board, which was unanimously approved by the Board. Closed Session Motion was made by Mr. Harville, seconded by Mr. Snead, to enter into Closed Session under the following authority: 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 interesting in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended. Closed Session began at 8:25pm. Motion was made by Mr. Harville, seconded by Mr. Ingram to reconvene to Open Session, which was unanimously approved by the Board. The Board reconvened into Open Session at 8:48pm. The following certification resolution was read and approved by the following roll call vote: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the regular meeting of the Pittsylvania County Board of Supervisors on April 5, 2010, 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 Coy E. Harville Yes Marshall A. Ecker Yes Tim R. Barber Yes James Snead Yes Williams H. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous. Motion was made by Mr. Snead, seconded by Mr. Barber, to adjourn the meeting, which was unanimously approved by the Board. The meeting ended at 8:49pm Henry A. Davis, Jr., Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors