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01-18-2011 BOS Adjourned MeetingAdjourned Meeting January 18, 2011 Pittsylvania County Board of Supervisors Tuesday, January 18, 2011 Adjourned Meeting VIRGINIA: The adjourned meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January 18, 2011 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:01 p.m. The following members were present: Tim Barber James Snead William H. Pritchett Coy E. Harville Fred M. Ingram Marshall Ecker Henry A. "Hank" 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. J. Vaden Hunt, County Attorney, Mr. Odie Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ingram gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the agenda with the following additions: (a) Mr. Randy Hamilton and Mr. Kenneth Martin from the Virginia Department of Transportation (VDOT) (b) Courthouse paver bricks - Mr. Davis Mr. Ecker's motion was unanimously approved by the Board. Hearing of the Citizens Mr. Ken Moss of the Callands-Gretna District and on behalf of the Piedmont BioProducts, LLC, opposed the intent of Growing VA to introduce feed stocks into the market which Mr. Moss stated he has rights to and asked the Board to consider this before supporting a resolution for Growing VA. Mr. Allen Gross of the Banister District made comments on Halifax County hosting the location of the district Virginia Department of Transportation Residency Maintenance. This concluded the Hearing of the Citizens At this time, Mr. Randy Hamilton, Director of Programming and Investment Management for VDOT, introduced Mr. Kenneth Martin, the new Residency Maintenance Manager in the Halifax office for District 3, of which Pittsylvania County is a part. Mr. Martin told the Board how much he looked forward to working with them, and gave Mr. Sleeper his direct contact information for the Board to have access to if they needed to call him. Consent Agenda (a) State Restricted Seizure Funds -Commonwealth Attorney-Requires a Roll Call Vote (b) Project Lifesaver - Requires a Roll Call Vote (c) Resolution to VDOT -Request for Guard Rail on Brights Road Adjourned Meeting January 18, 2011 Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve the Consent Agenda. The following roll call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by the Board. Public Hearings Rezoning Cases Case 1: Phillip W. Hutson & Susan H. Hutson -Chatham-Blairs District; R-11-001 (R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District) Mr. Barber opened the hearing at 7:15pm. Mr. Shelton explained that Phillip and Susan Hutson had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 99.35 acres to A-1, Agricultural District, to make the zoning consistent with the remaining 99.08 acres. The R-1 portion is approximately 0.27 of an acre, located on SR 865/Hutson Road, in the Chatham-Blairs Election District. The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Hutson was present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:16pm. Motion was made by Mr. Davis, seconded by Mr. Snead, to re-zone Case R-11-001, from the R-1, Residential Suburban Subdivision District portion of 99.35 acres to A-1, Agricultural District, to make the zoning consistent with the remaining 99.08 acres. The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Barber stated that the petition to rezone from R-1 to A-1 in Case R-11-001 had been approved. Case 2: John S. Lemons, Et Als -Tunstall District; R-11-002 (R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District) Mr. Barber opened the hearing at 7:17pm. Mr. Shelton stated that John Lemons, Brenda Seay and Robert Seay had petitioned to rezone 1.55 acres, located on SR 902/Sharon Lane, in the Tunstall Election District, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District to allow for placement of a single-wide mobile home for the brother's residence. The Planning Commission, with opposition, recommended denying the petitioners' request. No one was there to represent the petition. The following persons signed up to speak concerning this case: Ms. Jackie Mize, of Sharon Lane, submitted a petition to the Board with 22 signatures of residents on Sharon Lane who were in opposition of the rezoning petition. Ms. Mize said that she, along with these residents, feel that the rezoning, along with the placement of a single-wide mobile home, would de-value their properties and asked the Board not to rezone the property. Mr. Jeff Collins, an adjoining neighbor of the Lemons' property spoke, supporting Ms. Mize comments. No one else signed up to speak and Mr. Barber closed the hearing at 7:24pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, opposing the re- zoning of R-11-002 from R-1 to A-1, stating that this would be spot zoning in a residential community. The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes and Mr. Barber-Yes. Mr. Barber stated upon the unanimous decision of the Board, the petition to rezone Case R-11-002 from R-1 to A-1 had been denied. Case 3: Samuel Tarpley Adams, Jr.; Trustee -Tunstall District; R-11-003 (A-1, Agricultural District to M-2, Industrial District, Heavy Industry) Mr. Barber opened the public hearing at 7:26pm. Mr. Shelton explained that Samuel Tarpley Adams, Jr. had petitioned to rezone a portion of 98.26 acres from A-1, Agricultural District to M-2, Industrial District, Heavy Industry for the purpose of a salvage yard. The portion to be rezoned is 3.284 acres, located on SR 1044/Beechnut Road, in the Tunstall Election District. The Planning Commission, with Adjourned Meeting January 18, 2011 no opposition, recommended granting the petitioner's request. No one signed up to speak and Mr. Baber closed the hearing at 7:28pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to grant the Mr. Adams' request to re-zone from A-1 to M-2, since the property has a buffer, the area he intends to use as a salvage yard is not visible to neighbors, and that the business would be inside, but did note that Mr. Adams would need to seek a Special Use Permit once Board approved his rezoning request. The following Roll Call vote was recorded: Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Barber announced Case R-11-003 had been rezoned to M-2. This concluded the Public Hearings for Re-Zoning Cases. Unfinished Business At the January 3, 2011 meeting of the Board, motion had been made by Mr. Harville, seconded by Mr. Snead to approve the following Expenditure Refunds that were on the December 21, 2010 agenda, but an action motion was not made at that meeting: $50.00 to Sheriff-Telephone (100-4- 031200-5230), $1,850.01 to Sheriff-Parts (100-4-031200-6030), $3,039.60 to Sheriff-Labor (100-4- 031200-6031), $100.00 to Jail-Telephone (100-4-033100-5230), $406.19 to Jail-Extradition (100-4- 033100-5550), $100.00 to Animal Control-Donations (100-4-035100-5883), $25.00 to Landfill Disposal-Training (100-4-042400-5540), $164.40 to B&G-Telephone (100-4-043100-5230), $6,000.00 to Library-Computer Supplies (100-4-073100-6021), $9,108.98 to WIA-Rent (251-4-353160-5420). This motion has met the required a10-Day Layover and the following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved. At the January 3, 2011 meeting of the Board, motion had been made by Mr. Ecker, seconded by Mr. Snead, to approve and appropriate $5,833.33 for payment to Regional One for January 2011. That motion has met the 10-Day Layover requirement and the following Roll Call Vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. Mr. Barber rescinded his January 3, 2011 appointment of Mr. Snead to the Dan River Small Business Development Center (DRBDC) as Mr. William Pritchett's two-year appointment with DRBDC had not yet expired in accordance with DRBDC By-Laws. New Business The Honorable Samuel Swanson, Jr., Commissioner of Revenue for Pittsylvania County, appeared at the Board's request, along with his Chief Deputy, Ms. Shirley Hammock, to answer questions the Board had about Land Use and Revalidation, and clarifications on withdrawing from Land Use. Item 12, Animal Welfare League agreement, was withdrawn to be discussed at a later date. Motion was made by Mr. Ecker, seconded by Mr. Ingram, for the reappropriation of funds as follows: $12.98 to Central Accounting-Printing (100-4-012430-3500), $3,000.00 to Sheriff-DARE (100-4-031200-6002), $935.28 to Sheriff-Parts (100-4-031200-6030), $1,051.55 to Sheriff-Labor (100- 4-031200-6031), $3.00 to Jail-Training & Education (100-4-033100-5540), $275.50 to Jail-Extradition (100-4-033100-5550), $150.00 to Animal Control-Donations (100-4-035100-5883), $260.00 to Library- Postage (100-4-073100-5210), $13,353.12 to WIA-Rent (251-4-353160-5420). This motion required a 10-Day Layover. Adjourned Meeting January 18, 2011 Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve and consider an appropriation of $5,833.33 for payment to Regional One for February 201 1. This motion required a 10- Day Layover. Motion was made by Mr. Davis, seconded by Mr. Harville, to approve the Waiver of Notice with the Honorable John P. Light, terminating his contract of January 6, 1992 and approving the Letter of Agreement of January 7, 2011 from John Light which will service as a Memorandum of Understanding re-establishing fees for service and how those services will be applied effective January 20, 2011, and to have Mr. Sleeper sign on behalf of the County, and that Mr. Sleeper notify the Board of the circumstance and reason Mr. Light would have to represent the Board. The Board unanimously approved Mr. Davis's motion. RONALU W WILLIAMS MARK T. WILLIAMS RORERTL MORRISON,_(R..P.C JOFfN P LIGHT WILLIAMS, MORRISON, LIGHT AND MOIIBAU ATTORNEYS AT LAW )17 PATTON S'IRE[`r D.ANVIILE,VIRGINIA 2454112ll CHARLES A. MOREAU (19622005) TELEPHONE (4 N) 79)-4911 FAx 11)4) 792~G110 f.MAll.. wmlm®gamewaxl.nn www. wtllnm~mor nsnnhght. nct January 7, 2011 Dan Sleeper, County Administrator for Pittsylvania County, Virginia Post Office Box 426 Chatham, Virginia 24531 Re: County Attorney Dear Mr. Sleeper: It has been an honor and a privilege for me to serve the citizens of Pittsylvania County for the last nineteen years as County Attorney for Pittsylvania County. 1 have truly enjoyed working with you, other County Administrators, County Staff and the various members of the Board and Constitutional Otticers that I have had the privilege to work with as County Attorney over the course of my service. I have reviewed the terms of my original contract entered into January 6, 1992. You may consider this written notice of acknowledgment of the County's desire to restructure my existing contract, and all though no written notice has previously been received prior to this time and our relationship will change January 10'", 1 do hereby waive any inadequate notice of the changing of our relationship. I ackrawledge that the County will hire afull-time County Attorney effective January 10, 201 I, and my duties will be significantly altered. It is also my understanding based upon my conversations with you, the Chairman of the Board, several other Board members and the incoming County Attorney that it is the desire of Pittsylvania County to modify my pmfessional relationship with the County such that I remain as Special Counsel to the Board of Supervisors, such that I complete the various projects that 1 have undertaken as County Attorney, and that I remain available to provide advice and guidance to the incoming County Attorney during his period of transition, provide advice to the County Administrator or Chairman of the Board should the occasion arise, and be available to the Boerd of Supervisors, County Attorney or County Administrator to provide litigation or other legal services to the County upon request. I would ask that the Board of Supervisors consider approval of this letter as our Memorandum of Understanding regarding my professional relationship with the County, effective January 10, 201 I . Adjourned Meeting January 18, 2011 My hourly rate for service to the County is S 150.00 per hour for services rendered, including but trot limited to interviews, telephone calls, research, drafting of documents outside of Court, tribunal or administrative board appearances and 5200.00 per hour for -ime spent appearing before courts, administrative boards or other tribunals, reported in minimum quarter hour incrimenta. The hourly rate would rat be charged for travel time, but expenses incurred including mileage will be billed a1 the standard rate paid to County employees. 1 will send my bills to the County on a monthly basis, unless there has been minimal activity on the account during the month, in which case the billable activity may be carried over to a subsequent billing. My primary contact with the County will be through the County Attorney and the County Administrator, end 1 will forward copies of all pleadings, orders and substantive correspondertces to the County for your file. After any case or upon termination of all representation, in the event that the County request the files, those tiles will be copied at a local printing company and billed as an expense against the County. Of course, the County has the right to terminate any representation at any time. Similarly, I reserve the right to periodically notify the County of any inereasea in hourly rete, which will rtot be effective until after notice is received by the County (it should be noted, however, that I have not modified my rate over the course of my preceding nineteen years of service). My billings will continue in the same format, with the same degree of spxitkity that you lave found to be most satisfactory in the past. All other femur of the existing Employment AgtYemet-t dated January 6, 1992 inconsistent with the provisions of this Memorandum of Understanding shall terminate effective January 10, 201 I . Please forward to me written acknowledgment of the Board's review and approval of this letter. Very truly yours, WILLIAMS, LIC¢d7 AND Jo( P.I~Ight, JPL/bw tplll.lAMS, MORIUeON, IaGHT AND MOREAU ATTORNEYS AT laW DANVU.LF.,VIRGINIA 21S~LI2U V32 Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve Management Directive 2011-01-01, re-classifying the Secretary III, Administrative Assistant for Economic Development to include Legal Secretary due to the additional job description changes and duties, changing the job grade fro Grade 11-D to Grade 11-H, and the funds necessary from the County Attorney's budget to Economic Development Administrative Assistant/Legal Secretary. Mr. Harville's motion was unanimously approved by the Board. There were no recommendations from the Finance Committee. A motion was made by Mr. Ecker, seconded by Mr. Ingram, to send a resolution to the General Assembly to consider a law to place a deposit on containers (glass, aluminum and plastic). Mr. Ecker's Adjourned Meeting January 18, 2011 motion failed by an opposing 6-1 majority vote of the Board, with Mr. Ecker's vote in support of his motion. Added Items Motion was made by Mr. Davis, seconded by Mr. Ingram, to have the contractor quote a price of what it would cost as a change order to the Moses Building Remediation contract to (1) preserve the original brick back beneath the Courthouse stairway, which was unanimously approved by the Board. Board Annoucements Mr. Barber reminded the Board about the Work Session to be held 6pm-8pm on Thursday, February 20, 2011 in the conference room of the Economic Development Office. Adjournment Motion was made by Mr. Ecker, seconded by Mr. Davis, to adjourn. The meeting adjourned at 8:04pm.