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11-16-2010 BOS Adjourned MeetingAdjourned Meeting November 16, 2010 Pittsylvania County Board of Supervisors Monday, November 16, 2010 Adjourned Meeting VIRGINIA: The adjourned meeting of the Pittsylvania County Board of Supervisors was held on Monday, November 16, 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 7:03 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Coy E. Harville Fred M. Ingram Marshall Ecker Henry A. Davis, Jr. Tunstall District Dan River District Banister District Westover District Callands-Gretna District Staunton River District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. John P. Light, Legal Counsel, Mr. Greg Sides, Assistant County Administrator for Planning and Development, Mr. Ken Bowman, Director of Economic Development, Mr. Odie Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ecker, seconded by Mr. Barber, to approve the agenda with the following additions: (a) Lease-Purchase Agreement; Town of Chatham and Pittsylvania County (b) Grant Agreement -Danville Pittsylvania Regional Industrial Facilities Authority (RIFA) and Green Energy Corporation (c) Department of Motor Vehicles Animal Friendly License Plate Sterilization Fund (d) Dry Fork Waterline and the Dry Fork Fire Department Mr. Ecker's motion was unanimously approved by the Board. Hearing of the Citizens No one signed up to speak under Hearing of the Citizens Consent Agenda Motion was made by Mr. Ingram, seconded by Mr. Snead, to approve the Consent Agenda. Mr. Ingram's motion was unanimously approved by the Board. Consent Agenda: (a) Regional One-December payment Public Hearings Rezoning Cases Case 1: Climax Community Center, LLC; Callands-Gretna District; R-10-047; R-1, Residential Suburban Subdivision District to B-2, Business District, General (to make the zoning consistent with the adjoining parcel and for future commercial development) Mr. Davis opened the public hearing at 7:08pm. Mr. Shelton explained that Climax Community Center, LLC, has petitioned to rezone 0.52 of an acre, located on State Road 799/Climax Road in the Callands- Adjourned Meeting November 16, 2010 Gretna Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General (to make the zoning consistent with the adjoining parcel and for future commercial development). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Walter Crider was present to represent the case. No one signed up to speak and Mr. Davis closed the hearing at 7:lOpm. Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve rezoning Case R-10-047 from R-1, Residential Suburban Subdivision District to B-2, Business District, General. The following Roll Call vote was recorded: Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett- Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes, and Mr. Davis-Yes. The Board unanimously approved Mr. Ingram's motion to rezone Case R-10-047 from R-1 to B2. Case 2: Mark E. Keatts-Tunstall District; R-10-048; R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the surrounding farm) Mr. Davis opened the hearing at 7:12pm. Mr. Shelton explained that Mark E. Keatts has petitioned to rezone 1.00 acre, located off State Road 954/Plantation Drive, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (to make the zoning consistent with the surrounding farm). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Keatts was present to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:12pm. Motion was made by Mr. Barber, seconded by Mr. Snead, to approve rezoning Case R-1-048 from R-l, Residential Suburban Subdivision District to A-1, Agricultural District. The following Roll Call vote recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; and Mr. Davis-Yes. The Board unanimously approved Mr. Barber's motion to rezone Case R-10-048 from R-1 to A-1. Case 3: Gammon Investments, LLC; Banister District; R-10-049. M-1, Industrial District, Light Industry to A-1, Agricultural District (to make the property consistent with parcel # 2421-92-7844/139-12-B3 and to allow for future expansion with a Special Use Permit) Mr. Davis opened the public hearing at 7:13pm. Mr. Shelton explained that Gammon Investments, LLC, has petitioned to rezone 10.752 acres, located on Macken Lane, in the Banister Election District from M-1, Industrial District, Light Industry to A-1, Agricultural District (to make the property consistent with parcel # 2421-92-7844/139-12-B3 and to allow for future expansion with a Special Use Permit). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Carl Gammons was present to represent the petition. No one signed up to speak and Mr. Davis closed the hearing at 7:15pm. Mr. Pritchett made a motion, seconded by Mr. Harville, to approve rezoning Case R-10-049 from M-1, Industrial District, Light Industry to A-1, Agricultural District (to make the property consistent with parcel # 2421-92-7844/139-12-B3 and to allow for future expansion with a Special Use Permit. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram- Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; and Mr. Davis-Yes. Mr. Pritchett's motion to rezone Case R-10-049 from M-1 to A-1 was unanimously approved by the Board. Public Hearing Proposed amendment to the Pittsylvania County Code; Chapter 12-Moral Decency and Community Standards. Proposed Amendments are in relation to Internet service and to clarify the requirements for demonstration of age for juveniles. Mr. Davis opened the public hearing at 7:16pm. Mr. Sleeper explained that at the request of the Honorable Marshall Ecker, legal counsel had drafted proposed amendments to Section 12-15.15 - Adjourned Meeting November 16, 2010 Unlawful Sales or Loans to Juveniles Generally, to follow the similar provisions of the Code of Virginia § 18.2-391, exempting the Internet service provider or electronic mail service provider if a person should use those services in committing acts prohibited under this Subsection, and under Subsection (2) a new Subsection 12-15.15.1, a requirement to demonstrate age. In addition, this established the required civil penalties in accordance with the Virginia State Code § 18.2-391. No one signed up to speak and Mr. Davis closed the hearing at 7:16pm. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the proposed amendments as presented to Chapter 12 of the Pittsylvania County Code. The following Roll Call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead- Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes and Mr. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board. Proposed revision to Chapter 1 of the Pittsylvania County Code concerning an intergovernmental agreement with the Pittsylvania County Board of Supervisors, Town of Chatham and the Pittsylvania County Service Authority concerning the booster station and service area north of Chatham. Mr. Davis opened the hearing at 7:20pm. Mr. Sleeper explained the Board of Supervisors, the Pittsylvania County Service Authority and the Town of Chatham, as well as the Virginia Department of Health, has been working together to develop a required Service Area Agreement and Booster Station Agreement in order to provide water services to the Olde Dominion Agricultural Complex (ODAC) on RT 29 and to the service area in north Chatham. This intergovernmental agreement will be 1-8(g) Intergovernmental Agreement -Town of Chatham-Pittsylvania County for Booster Station and Service Area North of the Town of Chatham of the Pittsylvania County Code. No one signed up to speak and Mr. Davis closed the hearing at 7:20pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve the agreement and authorize the Chairman to sign on the behalf of Pittsylvania County and incorporate this agreement into Chapter 1-8(g) of the Pittsylvania County Code entitled Intergovernmental Agreement: Town of Chatham-Pittsylvania County for Booster Station and Service Area North of the Town of Chatham. The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; and Mr. Davis-Yes. Mr. Harville's motion was unanimously approved by the Board. This concluded the public hearings. Unfinished Business At the 11-01-2010 regular meeting of the Board of Supervisors, motion had been made under the Consent Agenda by Mr. Harville, and seconded by Mr. Barber, to approve the Expenditure Refunds for October 2010 and reappropriate the funds as follows: $896.49 to Sheriff-Parts (100-4-031200-6030), $1,384.00 to Sheriff-Labor (1 00-4-03 1 200-603 1), $2,935.20 to Fire &Rescue-United Way (100-4- 032200-5667), $1,951.99 to Fire & Rescue-Fuel (100-4-032200-6008), $2,808.49 to Jail-Extradition (100-4-033100-5550), $31.44 to Library-Employment Contract (100-4-073100-3171), $260.00 to Library-Postage (100-4-073100-5210), and $150.00 to Library-Fuel (100-4-073100-6008). The following Roll Call vote was recorded: Mr. Ecker-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Pritchett- Yes; Mr. Ingram-Yes; Mr. Harville-Yes; and Mr. Davis-Yes. The Board unanimously approved Mr. Harville's motion. New Business Motion was made by Mr. Harville, seconded by Mr. Ecker, to set a public hearing for Tuesday, December 21, 2010, to receive citizen input on the proposed changes to Chapter 35 of the Zoning Ordinance and Chapter 18, Subdivision Ordinance, of the Pittsylvania County Code. (The Planning Adjourned Meeting November 16, 2010 Commission will hold their public hearing on Tuesday, December 7, 2010.) The Board of Supervisors unanimously approved Mr. Harville's motion. Motion was made by Mr. Ingram, seconded by Mr. Barber, to approve an application for a Land Use Open Space Agreement submitted by Cedars County Club. Mr. Ecker stated that there were 2 parcels in the application that were less than 5 acres, and are titled as separate parcels and do not meet the requirements of the land use agreement, which requires a minimum of 5 acres. Mr. Light, Legal Counsel for the Board, asked if the structure at the country club was also going to be part of the open space agreement, and has Commissioner of Revenue made his recommendation, which was supposed to accompany the application to the Board. Mr. Harville then made a substitute motion to table this item until answers and a written recommendation from the Commissioner of Revenue concerning the less than 5 acres parcels and on whether the structure at the country club is including in the application are presented to the Board. The Board unanimously approved Mr. Harville's substitute motion. Mr. Harville asked that Item #13, Request to Extend Land Use Application Submittal Deadlines, be removed from the agenda, to which the Board agreed. Motion came from the Property and Buildings Committee to support on a temporary basis the Olde Dominion Agricultural Development Center (ODAC) with in-kind services identified in the ODAC request for an value of up to $46,000 from Economic Development funds for 1 year. This would include custodial supplies and services, building maintenance services, trash and refuse bins and pickup. Mr. Harville asked if any other counties have joined in with this facility. Mr. Jay Calhoun, with the Olde Dominion Agricultural Foundation (ODAF) was present and told Mr. Harville a funding request of $5,000 has been sent to the Board of Supervisors of Franklin County, and the ODAF was in the process of asking the other surrounding counties. Mr. Harville stated that while he supported the ODAC, he was in total opposition of giving it financial support, or any other complexes in the County for that matter since the County did not actually own it. Mr. Barber stated that he supported certain kinds of in-kind services but not anything else and supported Mr. Harville's comments. Mr. Ecker stated he did not want to see this venture fail as it has a great potential of being an economic asset to the County and that perhaps the services asked for could be done in quarterly increments, and that it's not coming out of General Funds, but from Economic Development funds that are already budgeted. Mr. Ingram agreed that financial things are very tight for the County, but the ODAC is in the heart of Pittsylvania County, everyone, including the County, already has a lot of money invested in this venture, and now at the last minute of completion, the County should not decide against helping the ODAF out this first start-up year. Mr. Calhoun stated that the ODAF felt once the complex was open and events held, after the 1St year the ODAC is projected to be self-supporting once it gets going. Mr. Snead stated he felt this was a temporary request and supported the temporary funding for the 1St year of the ODAC's opening. The following vote was recorded: Mr. Ecker-Yes; Mr. Ingram-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Davis-Yes. Mr. Harville-No and Mr. Barber-No. The Property and Buildings Committee motion passed by a majority 5-2 vote of the Board. Added Items Motion was made by Mr. Ingram, seconded by Mr. Snead, to approve the Lease Purchase Agreement between Pittsylvania County and the Town of Chatham authorizing the Chairman to sign on the behalf of the County, and to forward to the Town of Chatham for its signature, which was unanimously approved by the Board. Adjourned Meeting November 16, 2010 Mr. Sleeper explained that the Grant Agreement presented to the Board between the Danville- Pittsylvania Regional Industrial Facilities Authority (RIFA), the County of Pittsylvania, the City of Danville, and the United States Green Energy Corporation is a new Performance Agreement than the previous one presented to the Board, based on this is a different lot in the Cane Creek Centre (Lot 1) than the last performance agreement and still requires equal funding from both the City, this portion for the County is approximately $500,000, with no security from the company. Mr. Sleeper believes a letter be sent to the City of Danville so that something should be developed on the issue of the lack of security from the Company. Several questions arose concerning the difference in value of the previous location the company planned to develop on and one in this current agreement, on how long is the company going to be exempt for machinery and tool tax (4d of the agreement); how much of the land on this new lot is developable land as compared in value to the previous lot. Due to the amount of questions concerning the new agreement, motion came from Mr. Harville, seconded by Mr. Ecker, to table this issue until some of the questions brought forth, and including the issue of lack of security by the company, are addressed, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to authorize the County Administrator to sign all necessary to apply to the Department of Motor Vehicles (DMV) for Pittsylvania County's allocation of $855.00 from the Dog & Cat Sterilization Fund to be used for the purpose of sterilization of dogs and cats as stated in §46.2-749.2:7 of the Code of Virginia, 1950, as amended. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to continue the Dry Fork waterline project an additional 300 linear feet in order to reach the Dry Fork Fire Department, to appropriate the additional funds of approximately $20,000 from the remaining budgeted funds for the waterline project, and to request the Pittsylvania County Service Authority to extend the waterline the additional 300 linear feet to reach the Dry Fork Fire Department. Mr. Harville's motion was unanimously approved by the Board. Reports from Board Members Mr. Ecker thanks the Citizens for Jobs group for their meeting at the Ruritan Club. Mr. Ingram asked Mr. Sleeper to schedule and Fire and Rescue Committee meeting for Monday, November 22"d at 7pm. Mr. Snead stated there would be a Computer/Radio/Telecommunications Committee meeting at 4pm on December 6, 2010 (prior to the next Board meeting) and requests that the full board be present for the meeting since it concerns the required upgrades to the E911 System. Reports from County Administrator Mr. Sleeper reminded everyone that the County's Christmas party was at 6pm on December 11`n at the Armory in Chatham. Also, he told the Board that any members that had not already done so, it was very important they bring their laptops to the IT Department as soon as possible for necessary updates and that until the updates were completed, it was possible they may not receive any emails via their laptops. Closed Meeting Motion was made by Mr. Harville, seconded by Mr. Ecker, and unanimously approved by the Board, to enter into Closed Meeting for the purpose of: Adjourned Meeting November 16, 2010 Closed Meeting -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. Subject Matter: Industry 12010-08-16 Purpose: Discussion of Performance Agreement Closed Meeting -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. Subject Matter: Industry 12009-04-OS Purpose: Discussion of Performance Agreement Closed Meeting -Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultations or briefings in open meeting would adversely affect the negotiating or litigation posture of the Public Body; and consultation with Legal Counsel employed or retained by a Public Body regarding specific legal matters requiring provision of legal advice by such Counsel. Authority: §2.2-3711 (A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Comprehensive Services Act Purpose: Potential Legal Action for or against the County Closed Meeting began at 8:06pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to reconvene into Open Meeting and call for Certification of the Closed Meeting. The Board reconvened to Open Meeting at 9:31pm. 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 Adjourned Meeting of the Pittsylvania County Board of Supervisors on November 16, 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 Adjourned Meeting November 16, 2010 Williams H. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve a performance agreement for Unnamed Industry 12010-04-05, with a revised Exhibit A with no lien. The Board unanimously approved Mr. Harville's motion. Motion was made by Mr. Ecker, seconded by Mr. Ingram, approve performance agreement known as Redline Revision with Unnamed Industry # 12010-08-16, with the County's Attorney to make corrections to the revision, 70 acres to be deeded to the Town of Hurt, seconded by Mr. Ingram, which was unanimously approved by the Board. Adjournment Motion was made by Mr. Harville, seconded by Mr. Ecker, to adjourn. The meeting adjourned at 9:33pm.