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03-07-2011 BOS Regular MeetingRegular Meeting March 7, 2011 Pittsylvania County Board of Supervisors Monday, March 7, 2011 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, March 7, 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 Tunstall District Dan River District Banister District Westover District Callands-Gretna District Staunton River District Mr. Henry A. Davis, Jr., of the Chatham-Blairs District, was absent. Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, 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. Ecker, seconded by Mr. Ingram, to approve the agenda, which was unanimously approved by the Board, with the exception of Mr. Davis, who was absent. Hearing of the Citizens Mr. George Stanhope, of the Callands-Gretna District, addressed the Board with comments concerning economic problems the Board needs to address in the upcoming budget, his disapproval of the Board hiring for position when it has a hiring freeze in place, and does not feel the Board of Supervisors has done a very good job handling the County's budget. Mr. Willie Fitzgerald, President of the Pittsylvania County Chapter of the National Association for the Advancement of Colored People (NAACP) stated the Chapter had voted to ask the Pittsylvania County Board of Supervisors to consider going to staggered terms which the Chapter felt would be very beneficial to the County. Mr. Richard Shumate, of the Westover District, agreed with Mr. Stanhope's comments, adding that he did not see how the County could afford a recreation department. Mr. Sleeper, County Administrator, introduced Mr. Mark Moore as the County's first Director of Parks and Recreation, stating Mr. Moore would have a start date of April 1, 2011 as a Grade 17 on the County's Personnel Plan Pay Scale. Mr. Moore told the Board that he was originally from Pittsylvania County, attending schools here until graduating and going on to college. He said that he believed if it had not been for being involved in sports he would not have gone as far as he had in life and was very grateful and happy to be able to come back to work in the community that had been such a positive influence in his life as a youth growing up in Pittsylvania County. The Board welcomed Mr. Moore, saying they looked forward to working with him. This concluded the hearing of the citizens. Consent Agenda (a) Minutes: February 7, 2011-Regular Meeting February 15, 2011-Adjourned Meeting Regular Meeting March 7, 2011 (b) Bill List -February 2011 (c) National Agricultural Week -Proclamation (d) Rescue Squad Assistance Grant Appropriations -Required a Roll Call Vote (e) Work Force Investment Act -Rapid Response Appropriation - Required a Roll Call Vote (f) Redistricting Transfer (g) Out of State Travel Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve Consent Agenda items a through g with a roll call vote. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Absent; and Mr. Barber- Yes. Mr. Harville's motion was unanimously approved by the Board members present with Mr. Davis being absent. Unfinished Business At the February 7, 2011 Regular Meeting of the Board of Supervisors, a motion was made by Mr. Snead, seconded by Mr. Pritchett, to appropriate $5,833.33 for the March 2011 payment to Regional One. This motion required a 10-day layover that had now been met and now required a roll call vote. The following Roll Call Vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Absent; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Snead's motion from February 7, 2011 was unanimously approved by the Board members present, with Mr. Davis being absent. At the February 15, 2011 Adjourned Meeting of the Board of Supervisors, a motion was made by Mr. Ecker, seconded by Mr. Harville, to appropriate a total of $105,000 to line 325-4-081500-8222 that was grant monies returned from Donnachaidh, LLC for failure to meet performance measures set forth in the Tobacco Opportunity Fund Grant (TROF) agreement and needed to be appropriated so that the funds could be returned to the Tobacco Commission that required a 10-day layover and then a roll call vote. The 10-day layover requirement had been met and the following Roll Call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Absent; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Barber-Yes. Mr. Ecker's motion from February 15, 2011 was unanimously approved by the Board members present with Mr. Davis being absent. At the February 15, 2011 Adjourned Meeting of the Board of Supervisors, a motion was made by the Finance Committee to appropriate $12,544 to the Registrar's Budget which required a 10-day layer and then a roll call vote. The 10-day layover had been met and the following Roll Call vote was recorded: Mr. Davis-absent; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. The Finance Committee's motion from February 15, 2011 was unanimously approved by the Board members present, with Mr. Davis being absent. At their February 7, 2011 Regular Meeting the Board of Supervisors voted to send no comments to the Department of Environmental Quality concerning Nutri-Blend, Inc.'s application for Virginia Pollution Abatement (VPA) permit for Pittsylvania County for the Biosolids Land Application Program. At that time, staff had not received the list of possible biosolids application sites and once received from Nutri-Blend, Inc, that information would be given to the Board of Supervisors. Mr. Sleeper submitted the list to the Board, and no further action was taken. New Business A motion came from the Fire and Rescue Policy and Procedures Committee for the County to move forward on the Med3000 contract following the County Attorney's review and approval, and to authorize the County Administrator to sign on behalf of the County. The Board members present Regular Meeting March 7, 2011 unanimously approved the Fire & Rescue Policy and Procedures Committee's motion, with Mr. Davis being absent. The Finance Committee recommended sending a Letter of Certification to the Department of Environmental Quality (DEQ) concerning three underground storage tanks, one at Dan River High School, one at Greta Elementary School and one at Twin Springs Elementary School and authorize the County Administrator to sign on the behalf of the Board of Supervisors, which was unanimously approved by the Board members present, with Mr. Davis being absent. No other recommendations came from the Finance Committee. Motion was made by Mr. Harville, seconded by Mr. Pritchett, to authorize the County Administrator to set a public hearing to hear citizen input on a proposed cemetery for the New Chapel Church in Gretna, Virginia that would be adjacent to a current family cemetery (Parcel #2513-08-7174) owned by Acie and Keith Valentine off Summerset Road/SR 768, at the intersection of Rose Street/SR 758. Mr. Harville's motion was unanimously approved by the Board members present, with Mr. Davis being absent. Motion was made by Mr. Harville, seconded by Mr. Snead, to appropriate $8,195.00 to the Electoral Board budget (100-4-012100-6003) from Unappropriated Surplus, for replacement batteries for electronic voting machines. This motion required a 10-day layover before any further action could be taken. A motion was made by Mr. Ingram to submit Tobacco Applications for the Gretna Industrial Park and the Brosville Industrial Park to provide the necessary engineering and grading for pads at those two parks, and support the Town of Hurt's application for funding to modernize a water pump station for the Town of Hurt. Mr. Harville asked that the Town of Hurt's request be made in a separate motion. Mr. Ingram withdrew his motion. Then motion was made by Mr. Snead, seconded by Mr. Ingram, to submit Tobacco Applications for the Gretna Industrial Park and the Brosville Industrial Park to provide the necessary engineering and grading for pads at those two parks. Mr. Harville said that he could not support submitting an application to the Tobacco Commission for the Gretna Industrial Park since the County had already given that industrial park to the Town of Gretna and felt they should submit their own tobacco grant application. He further stated that when the Economic Committee meeting last met, the Committee had decided that the County should focus on one industrial park at a time, prioritize them by which they could most quickly complete and have business' interested in; that being the Ringgold East Industrial Park. When that one was finished, Mr. Harville said he had no problem supporting an application submittal for the Broville Industrial Park, nor did he have a problem with immediately sending a letter of support (but not financial support) to the Town of Hurt in their submittal of a tobacco grant application, but the Town of Gretna needed to apply for their own grants, not the County. Mr. Ecker agreed with Mr. Harville's comments. Mr. Ingram stated he did not feel the Town of Gretna should be handicapped for support just because it was a town. Mr. Snead called for the question and there was a 4-2 majority vote. Then Mr. Harville made a substitute motion to pull the application for the Ringgold East Industrial Park, which was seconded by Mr. Ecker. Mr. Snead stated he had talked to the Tobacco Commission and had been told there was enough grant money available for all three discussed industrial parks to receive funding for this particular work. Mr. Harville stated no one knew yet exactly what the work was going to cost. Mr. Sleeper was asked by Mr. Pritchett, and Mr. Sleeper agreed, that it was possible the multiple grant submittals could be in competition with one another to receive grant money. Mr. Harville then re-stated that the Board needed to stick with the Committee's plan to start with the park that had the most potential, which seemed to be the Ringgold East Industrial Park. Mr. Regular Meeting March 7, 2011 Barber stated that the Director of Economic Development for the County, Ken Bowman, had told him that he wanted to get a great site at all three parks so they would all be marketable, and that in this current discussion it appeared spending money on industrial parks was suddenly an expenditure instead of an investment. Mr. Barber then called for the question and the following vote was recorded for the Mr. Harville's substitute motion: Mr. Harville and Mr. Ecker-Yes; Mr. Snead, Mr. Pritchett, Mr. Ingram and Mr. Barber - No. Mr. Harville's substitute motion failed by a 2-4 majority vote, with Mr. Davis being absent. The following vote was then recorded for the main motion made by Mr. Snead to submit applications to the Tobacco Commission for Brosville Industrial Park and Gretna Industrial Parks: Mr. Harville and Mr. Ecker-opposed; Mr. Snead, Mr. Pritchett, Mr. Ingram and Mr. Barber-Yes. Mr. Snead's motion passed by a 4-2 majority vote, with Mr. Davis being absent. Motion was made by Mr. Ecker, seconded by Mr. Harville, to send a letter of support to the Town of Hurt in the town's applying for tobacco grant funds, with the Town paying the 10% grant fund match, which was unanimously approved by the Board members present, with Mr. Davis being absent. Motion was made by Mr. Ingram, seconded by Mr. Snead, to appropriated $5,833.33 for the April 2011 payment to Regional One. This motion required a 10-day layover so no further action took place. Motion was made by Mr. Harville, seconded by Mr. Ingram, to re-appropriate the following funds: $17.00 to Board of Supervisors-Travel (100-4-011010-5500), $5.15 to County Administrator- Postage (100-4-012100-5210), $2,944.50 to Sheriff-Police Supplies (100-4-031200-6010), $4,640.34 to Sheriff-Parts (100-4-031200-6030), $4,267.65 to Sheriff-Labor (1 00-4-03 1 200-603 1), $25.00 to Animal Control-Donations (100-4-035100-5883), $870.10 to the Veterinary Expense Fund (245-4-035200- 5849), $2,705.31 to WIA-Rent (251-4-353160-5420). This motion required a 10-day layover, so no further action was taken at this time. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve an amended Moral Obligation agreement between the City of Danville and Pittsylvania County, changing the percentage of the required interest rate the County would pay the City from 3.76% to 0.052% interest rate, and to authorize either the Chairman of the Board or the County Administrator to sign the agreement and forward it to the City of Danville for their review and approval to ensure there is a completed agreement. Mr. Harville's motion was unanimously approved by the Board members present, with Mr. Davis being absent. Regular Meeting March 7, 2011 THIS AGREEMENT, ("Agreement") made and entered as of the day of , 2011, by and between THE CITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), and THE COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"). W ITNESS ETH FOR and in consideration of the mutual promises and undertakings of the parties in this Agreement, the parties do hereby agree as follows: Section I . Recitals: The parties to this Agreement recite the following: A. Danville-Pittsylvania Regional Industrial Facility Authority, a political subdivision of the Commonwealth of Virginia ("RIFA") is in the process of acquiring real property for the purpose of establishing a Mega Pazk to be located in Pittsylvania County, Virginia. B. The City has advanced funds to RIFA for the purpose of purchasing such real property for the establishment of the Mega Park, with the understanding that upon a bond issue by RIFA, the City will be reimbursed. C. The County has agreed that in the event RIFA is unable to reimburse the City through a bond issue, the County shall reimburse the City for one-half of any amounts so advanced by the City, as more particularly set forth herein. Section 2. Agreement: The parties agree that, in the event RIFA is unable to reimburse the City through a bond issue, the County shall, upon notice from the City to the County Administrator or the Assistant County Administrator, reimburse the City for one-half of any amounts advanced by the City for the acquisition by RIFA of real property for the Mega Park, plus interest at the Local Government Investment Pool ("LGIP") rates on said sum not previously paid to the City by virtue of the money being absent from the account of the City. Section 3. Amendment and Modification: The parties to this Agreement may amend, modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties, provided such amendments, modifications and/or supplements are reduced to writing and signed by the parties to this Agreement or their successors in interest. Section 4. Non-Appropriation Provision: Notwithstanding any other provision in this Agreement to the contrary, if the County fails during any fiscal year to appropriate or allocate sufficient funds to pay the amounts to be paid by the County pursuant to the provisions of this Agreement which become due or payable during such fiscal yeaz, then this Agreement and all the obligations of the County hereunder shall automatically lof3 P118 Regular Meeting March 7, 2011 terminate at the end of the fiscal year in which such non-appropriation occurs. The County agrees to use its reasonable efforts to obtain any necessary funding contemplated by this Agreement, on an annual basis. Section 5. Severability: Any provision or provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect. Section 6. Govemin~ Law: This Agreement shall be governed by and conswed in accordance with the laws of the Commonwealth of Virginia. Section 7. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives. A. This Agreement is executed on behalf of the City by its duly authorized City Manager, he having been so authorized to act by resolution duly adopted by Danville City Council at its meeting on the dey of B. This Agreement is executed on behalf of the County by its duly authorized County Administrator, he having been so authorized to act by resolution adopted by the Board of Supervisors of the County at its meeting on the _ day of , WITNESS the following signatures and seals: THE CITY OF DANVILLE, VIRGINIA sy: Title: Attest: Title: 2of3 P119 THE COUNTY OF PITTSYLVANIA, VIRGMIA By: _ Title: Attest: Title: Regular Meeting March 7, 2011 Motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve the Renan Volunteer Fire Department's expand their service to including being a First Responder in Pittsylvania County, which was unanimously approved by the Board members present, with Mr. Davis being absent. Appointments Motion was made by Mr. Harville, seconded by Mr. Ecker, to appoint Mr. Allen Lanoue to serve as the Westover District Representative with the County Road Viewers. Mr. Harville's motion was unanimously approved by the Board members present, with Mr. Davis being absent. Mr. Barber asked that the appointment to the Dan River Alcohol Safety Action Program be held until the adjourned meeting. The Chairman called fora 10 minute recess at 7:58pm. The Board returned to session at 8:09pm. Closed Session Motion was then made by Mr. Ecker, seconded by Mr. Harville to enter Closed Session of the Board for the following reasons: 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: George Stanhope vs. Pittsylvania County Purpose: Legal Action for or against the County 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: Valerie Hairston vs. Pittsylvania County Board of Supervisors Purpose: Proposed Legal Action for or against the County Mr. Harville's motion was unanimously approved by the Board members present, with Mr. Davis being absent. The Board entered Closed Session at 8: l Opm. Motion was made by Mr. Harville, seconded by Mr. Ecker, for the Board to return to Open Session, which was unanimously approved by the present Board members, Mr. Davis being absent. The following certification was taken: Regular Meeting March 7, 2011 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on March 7, 2011, 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 Marshall A. Ecker Tim R. Barber James Snead Williams H. Pritchett Fred M. Ingram Henry A. Davis, Jr. Certification was unanimous with the Board members present, Session reconvened at 8:23pm. Yes Yes Yes Yes Yes Yes Absent with Mr. Davis being absent, and Open Reports from Board Members Mr. Ecker stated that approval had been made by the Virginia Department of Transportation for the guardrail on Brights Road. Mr. Harville asked Mr. Sleeper to follow up on district signs for fire departments and what legal issues could be involved. Adjournment Motion was made by Mr. Harville, seconded by Mr. Ingram to adjourn the meeting, which was approved by the Board members present, with Mr. Davis being absent. The meeting adjourned at 8:26pm.