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10-19-2010 BOS Adjourned MeetingAdjourned Meeting October 19, 2010 Pittsylvania County Board of Supervisors Tuesday, October 19, 2010 Adjourned Meeting VIRGINIA: The Adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, October 19, 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 7:02 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Fred M. Ingram Marshall Ecker Henry A. Davis, Jr. Tunstall District Dan River District Banister District Callands-Gretna District Staunton River District Chatham-Blairs District Mr. Coy Harville, Supervisor for the 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. Snead gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve the agenda with the removal of the Closed Session, which was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Hearing of the Citizens Mr. George Henderson, of the Pittsylvania Youth Sports League (PYSL), made comments concerning the Board's motion to pay for the Community Use of School Facilities Fees in the amount totaling $40,000 (less the $4,000 already paid) and comments that were made in the Finance Committee concerning the PYSL reimbursing the County for a portion of the $40,000 that the County paid on their behalf to be able to use the schools' facilities for the PYSL's sports programs. Mr. Henderson stated that he did not feel it was fair that his portion of the PYSL's sports programs (he oversees 3) should contribute funds when there are 5 other sports programs that have no monies at all to contribute. The last speaker was Mr. George Stanhope, of the Callands-Gretna District, made comments concerning the billions of dollars Babcock and Wilcox has spent on health issues related to uranium mining exposure. This concluded the Hearing of the Citizens Consent Agenda Motion was made by Mr. Snead, seconded by Mr. Barber, to approve the Consent Agenda which would require a roll call vote. Consent Agenda: (a) Proclamation - GED & Career Pathways Awareness Week (b) Resolution 2010-10-04: Support for Enhancement to US29, Charlottesville Bypass Adjourned Meeting October 19, 2010 (c) Expenditure Refunds - Requires a 10-Day Layover (d) Project Lifesaver (e) Sheriff-Telephone Trace Appropriation (f) Regional One-November 2010 The following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Absent, Mr. Ecker-Yes and Mr. Davis-Yes. Mr. Barber's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. P R O C L A M A T I O N IN RECOGNITION OF VIRGINIA GED AND CAREER PATHWAYS AWARENESS WEEK WHEREAS, awell-educated, highly skilled workforce is essential to the economic growth of the West Piedmont Workforce Investment Board region, which represents the cities of Danville and Martinsville and the counties of Henry, Patrick and Pittsylvania; and WHEREAS, nearly 20 percent of working adults in the West Piedmont Workforce Investment Board region, lack a high school diploma or GED certificate, drastically reducing their chance to earn a living wage and support their families; and WHEREAS, the emerging 21S` century economy will be driven by jobs that will require lifelong learning from employees and require a higher skill set; and WHEREAS, the GED certificate is recognized throughout the country as a high school equivalency credential that can open the door for Virginians to embark on a lifetime of learning and career training leading to higher levels of employment; and WHEREAS, new career pathway programs, like Middle College and PIugGED In, and innovative projects such as adult education transition specialists and adult career coaches, are offering new learning options and support systems for low-skilled, low wage Virginia workers; and WHEREAS, the Virginia Workforce Network, a collaboration of partners working to build a sustainable career pathway system in Virginia by connecting and aligning the state's adult education, higher education, and employment programs, has identified awareness of and access to GEG preparation programs as a priority in moving more Virginians into postsecondary education and career pathways; and WHEREAS, local Workforce Investment Boards, One-Stop Comprehensive Workforce Centers, the Virginia Department of Education, and the Virginia Workforce Network's other program partners throughout the Commonwealth have joined efforts to increase GED attainment and subsequent enrollment in postsecondary education and training programs; and NOW, THEREFORE, the Pittsylvania County Board of Supervisors hereby recognizes October 18-23, 2010, as GED and Career Pathways Awareness Week in the West Piedmont Workforce Investment Board region, and I call this observation to the attention of all our citizens. Adjourned Meeting October 19, 2010 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 2010-10-03 VIRGINIA: AT AN ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS !N THE CONFERENCE ROOM IN THE PITTYYLVANIA COUNTY SCHOOL BOARD BUILDING IN CHATHAM, VIRGINIA ON THURSDAY, OCTOBER 7, 2010, THE FOLLOWING RESOLUTION WAS PRESENTED AND ADOPTED: WHEREAS, the Federal Communication Commission has made regulatory changes that affect the frequencies of Emergency 911 Dispatch centers throughout the country; and WHEREAS, this change by the Federal Communication Commission requires most emergency service centers and emergency service providers to change radio systems in order to meet these new regulations by 2013; and WHEREAS, Pittsylvania County operates an Emergency 911 system that covers approximately 1000 square miles, dispatching 21 volunteer fire departments and 14 rescue squads as well as over 100 County deputies; and WHEREAS, this regulation change by the Federal Communication Commission has passed on a significant financial burden to the citizens of Pittsylvania County; and WHEREAS, this is a requirement of the Federal government in order to operate an Emergency 91 1 center with the required license; then BE IT THEREFORE RESOLVED by the Pittsylvania County Board of Supervisors that they request the Honorable Tom Perriello, Congressman for the 5`h Congressional District covering Pittsylvania County, to earmark at least $l2 million of available stimulus or federal funds in order to meet this federal mandate Given under my hand this 7`h day of October 2010 ~.E: '~ Henry A. D vis, Jr., Chairman T. Pittsylvania County Board of Supervisors - ~,, ~ - I -~ ,~ _ i,. _ ~~~~o~~ ~~~ ~~ William D. Sleepe ,Clerk Pittsylvania County Board of Supervisors r Adjourned Meeting October 19, 2010 Public >FIearings Rezoning Cases Case 1: Eric Wayne Faris: Staunton River District; R-10-041. Mr. Davis opened the hearing at 7:08pm. Mr. Sleeper explained that Mr. Faris has petitioned to rezone 1.15 acres, located on SR 665/Rockford School Road, n the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, for a storage building for tractors. The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Faris was there to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:1 Opm. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve rezoning Case R-10-041 from R-1 to A-1. The following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Absent, Mr. Ecker-Yes and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Case 2: Franklin L. & Louise B. Weatherford: Chatham-Blairs District; R-10-042. Mr. Davis opened the public hearing at 7:12pm. Mr. Sleeper explained that Franklin & Louise Weatherford had petitioned to rezone 0.83 of an acre located on SR 863/R & L Smith Drive, in the Chatham-Blairs District from M-l, Industrial District, Light Industry to A-1, Agricultural District, for storage of farm equipment. The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Weatherford was present to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:13pm. Motion was made by Mr. Ingram, seconded by Mr. Snead, to approve rezoning Case R-10-042 from M-1 to A-1. The following roll call vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Absent, Mr. Ecker-Yes; Mr. Barber-Yes; and Mr. Davis-Yes. Mr. Ingram's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Case 3: Dry Creek Properties, LLC: Westover District; R-10-043. Mr. Davis opened the hearing at 7:14pm. Mr. Sleeper explained that Dry Creek Properties, LLC, had petitioned to rezone 0.124 of an acre, located off SR 1501/Woodlake Drive in the Westover Election District from B-2, Business District, General to R-1, Residential Suburban Subdivision, to combine with the adjoining parcel that is zoned R-1. The Planning Commission, with no opposition, recommended granting the petitioner's request. Sandra Adams was there to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:15pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to rezone Case R-10-043 from B-2 to R-l. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Absent, Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; and Mr. Davis-Yes. Mr. Snead's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Case 4: Francis M. & Lillian R. Martin: Chatham-Blairs District; R-10-044. Mr. Davis opened the public hearing at 7:17pm. Mr. Sleeper explained that Francis and Lillian Martin had petitioned to rezone a portion of a 2.71 acre parcel of land, (0.427 of an acre) located on SR 1071/Tobacco Road, in the Chatham-Blairs Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District, to combine with GP1N #2402-11-4064. The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Martin was present to represent the petition and no one signed up to speak. Mr. Davis closed the hearing at 7:18pm. Mr. Davis stated that he would be abstaining from voting since he would likely be doing the attorney work for this transaction. Motion was made by Mr. Ingram, seconded by Mr. Barber, to rezone Case R-10-044 from Adjourned Meeting October 19, 2010 A-1 to R-1. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Absent, Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Abstaining Mr. Ingram's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent and Mr. Davis who abstained from voting. Case 5: James A. & Angela M. Chalmers: Banister District; R-10-045. Mr. Davis opened the public hearing at 7:19pm. Mr. Sleeper explained that James & Angela Chalmers had petitioned to rezone 23.03 acres, located off SR 1431/Neighborhood Road, in the Banister Election District from R-1, Residential Suburban Subdivision to A-1, Agricultural District for future subdivision of property for family members. The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Chalmers was there to represent the petition and no one signed up to speak.. Mr. Davis closed the hearing at 7:20pm. Mr. Davis then stated that he would be abstaining from voting since he would likely be doing the attorney work for the Chalmers concerning this case. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to rezone Case R-10-045 from R-1 to A-1. The following roll call vote was recorded: Mr. Harville-Absent, Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; and Mr. Davis-Abstaining Mr. Pritchett's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent and Mr. Davis who abstained from voting. Case 6: Bird, LLC: Callands-Gretna District; R-10-046. Mr. Davis opened the public hearing at 7:22pm. Mr. Sleeper explained that Bird, LLC had petitioned to rezone a portion of a 46.54 acre parcel of land, (0.063 of an acre) located on SR 605/Marion Road, in the Callands-Gretna Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision to combine with GPIN 2404- 19-3298. The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Ramsey Yeatts was there to represent the petition. No one signed up to speak and Mr. Davis closed the public hearing at 7:24pm. Mr. Davis announced that he would be abstaining from voting since he would likely be doing the attorney work for this case. Motion was made by Mr. Ingram, seconded by Mr. Ecker, to approve rezoning case R-10-046 from A-1 to R-1. The following roll call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville- Absent, Mr. Ecker-Yes; and Mr. Davis-Abstaining Mr. Ingram's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent and Mr. Davis who abstained from voting. This concluded the public hearings. Unfinished Business A motion was on the floor from Mr. Ecker, seconded by Mr. Harville, from the October 4, 2010 meeting to appropriate $7,059.18 from unappropriated surplus to Halifax/Pittsylvania Court Services Division for Pittsylvania County's portion for pre-trial and diversionary services and had required a 10-day layover, which had now been met. However, the motion needed to be amended to reduce the appropriation from $7,059.18 to $2,159.18 from unappropriated surplus. Mr. Ecker amended his motion to reduce the appropriation to the Halifax/Pittsylvania Court Services Division from $7,059.18 to $2,159.18, which Mr. Barber seconded. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Absent, Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; and Mr. Davis- Yes. Mr. Eckers's motion was unanimously approved by the Board with the exception of Mr. Harville, who was absent. Adjourned Meeting October 19, 2010 New Business There were no recommendations from the Finance Committee Motion was made by Mr. Barber, seconded by Mr. Ecker, to accept the Camp 15 State Property with the restriction that the knowledge that the Board will have to move forward within the next 3 years with a County Jail on this site, and authorized the County Administrator and County Attorney to accept the property with the restrictions, noting that it will not cost the County anything during this holding period. The Board voted unanimously to approve Mr. Barber's motion, with the exception of Mr. Harville, who was absent. Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve Change Order No. 1, totaling $2,500 of the water and sewer extension for the Olde Dominion Agricultural Complex and authorize the County Administrator to sign all necessary documentation, 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. Snead, to approve an amendment for Phase II Nature and Extent Study & Assessment of Corrective Measures Amendment to Engineering Services Agreement dated January 1999 with Dewberry for the Pittsylvania County Landfill Permit No. 571, in the amount of $60,380.00 and authorize the County Administrator to sign all necessary documents. The Board voted unanimously to approve Mr. Ingram's motion, with the exception of Mr. Harville, who was absent. Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve an EMS mutual aid agreement between Franklin County and Pittsylvania County and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board, with the exception of Mr. Harville, who was absent. A motion was on the floor, carried over by 10-day layover from the Joint meeting held on October 7, 2010, made by Mr. Ingram and seconded by Mr. Pritchett, to appropriate $36,000 for Pittsylvania Youth Sports Recreation fees to pay the Pittsylvania County Schools for the use of school facilities from unappropriated surplus. The 10-day motion had been met. Mr. Barber made a substitute motion for the Board to pay '/2 of this cost and the Pittsylvania County Youth Sports League (PYSL) to pay the remaining '/2 of the $36,000. Mr. Snead stated that he did not feel the PYSL should be further burdened with this cost and the board should go ahead and pay the full $36,000 for this year and work towards a solution for next year's fees. Both Mr. Pritchett and Mr. Ingram agreed with Mr. Snead, with Mr. Ingram further adding that the Board had negotiated in good faith with the School Board in agreeing on the Board of Supervisors paying the $36,000. The following roll call vote was recorded for Mr. Barber's substitute motion: Mr. Ingram-No; Mr. Harville-Absent; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-No; Mr. Pritchett-No; and Mr. Davis-No. Mr. Barber's substitute motion failed by a 4-2 vote of the board opposing the motion with Mr. Harville being absent. Mr. Ecker then made a substitute motion to have the County Administrator send a letter to the School Board, asking if they would consider moving the $36,000 from instructional since the Board had given them $600,000 earlier for than line, and then bring back the transfer request from the school, appropriating the $36,000 from that, which was seconded by Mr. Barber. The following roll call vote was recorded on the substitute motion by Mr. Ecker: Mr. Ingram-No; Mr. Harville-Absent; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-No; Mr. Pritchett-No; and Mr. Davis-No. Mr. Ecker's motion failed by a 4-2 vote of the Board opposing the Adjourned Meeting October 19, 2010 motion with Mr. Harville being absent. The following roll call vote was recorded for Mr. Ingram's motion, the main motion: Mr. Barber-No; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-absent; Mr. Ecker-No; and Mr. Davis-Yes. Mr. Ingram's motion, the main motion, passed by a 4-2 vote of the board, with Mr. Harville being absent. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve a resolution for application to the Virginia Tobacco Commission's Agribusiness Committee for funding to work with the development of agribusiness prospects in the Ringgold East Industrial Park; the grant request is for $100,000.00, and to authorize the County Administrator to file with the Agribusiness Committee of the Tobacco Commission. Mr. Snead's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARDOF SUPERVISORS RESOLUTION 2010-10-06 WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County; and WHEREAS, the Tobacco Indemnification and Community Revitalization Commission has developed an economic development program to help tobacco related localities to change and revitalize their economy; and WHEREAS, grants from the Tobacco Indemnification and Community Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agri-business community; then BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application for an agribusiness to be located in Ringgold East Industrial Park and authorizes the County Administrator to review, approve, and file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant and to be responsible for the accuracy of the application and for the appropriate use of funds, should they be granted. Motion was made by Mr. Pritchett, seconded by Mr. Barber, to approve an amendment to a lease agreement dated November 2001 between Pittsylvania County, the Commonwealth of Virginia, and the Pittsylvania County Social Services Board to allow the Lessee (the Department of Social Services for Pittsylvania County) to manage janitorial services and supplies, and authorize the County Administrator to sign all necessary documentation, which 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 accept a deed and resolution from the Pittsylvania County Schools transferring 0.095 of an acre of Pittsylvania County School property as surplus property to the Board of Supervisors in order to construct the necessary booster station north of the Town of Chatham, and authorize the County's Legal Counsel and the County Administrator to sign all necessary documentation. Mr. Snead's motion was unanimously approved by the Board, with Mr. Harville being absent. Adjourned Meeting October 19, 2010 Reports from the Board Mr. Ecker asked if the Internet gambling in Brosville was legal, and Mr. Sleeper stated that yes, at this time it was legal, and that the Attorney General of Virginia had stated it was a legal business. Mr. Ecker then asked if the County could tax the owner and Mr. Sleeper stated he would have to check into that. He then asked that he be informed with the next Fire & Rescue Association meeting was held. Reports from the County Attorney Mr. Light stated that the George Stanhope case against the Board had been appealed and would be heard December 14, 2010 in the Pittsylvania County Circuit Court. Reports from County Administrator Mr. Sleeper stated that if the Board intends to have a Christmas party on Decemberl 1, it will probably be held at the Armory. Mr. Ecker asked if the ODAC would be ready by then and if so, could the County hold it there. Mr. Sleeper stated that he would check on it and that notices would be sent out soon concerning the party. Motion was made by Mr. Snead, seconded by Mr. Ingram, to adjourn. The meeting adjourned at 7:59pm.