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03-15-2011 BOS AdjournedAdjourned Meeting March 15, 2011 Pittsylvania County Board of Supervisors Tuesday, March 15, 2011 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, March 15, 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 7:10 p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District William H. Pritchett Banister District Coy E. Harville Westover District Fred M. Ingram Callands-Gretna District Marshall Ecker Staunton River District Henry A. "Hank" Davis, Jr. Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg Sides, Assist County Administrator for Planning and Development, Mr. Odie H. Shelton, Jr., Director of Code Compliance, Ken Bowman, Director of Economic Development 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. Harville, seconded by Mr. Davis, to approve the agenda with the following additions/deletions: Additions (a) Closed Meeting -Callands Cannery This issue requires the Board of Supervisors to review and discuss the disposition of publicly held property where the discussion in Open Meeting would adversely affect the bargaining position or negotiating strategy of the public body, the Board of Supervisors is authorized to go into Closed Session. Authority: §2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended Subject Matter: Callands Cannery Purpose: Negotiation for Sale Deletions: (a) Removal of Agenda Items 8- Recommendations from Finance Committee Meeting, 9-Recommendations from Recreation Committee 10- Resolution on Bond Financing and 16- Request for Public Hearing -Proposed Amendment to the Pittsylvania County Zoning Ordinance, Chapter 35 -Zoning, Section 35-40 PRINCIPAL DEFINITIONS OF THE ZONING ORDINANCE. Accessory Building to delete the following: An accessory building shall not dominate a principal building in area, extent or purpose. Mr. Harvilles's motion was unanimously approved by the Board. Hearing of the Citizens Mr. Kenneth Bowman, Director of Economic Development for Pittsylvania County, informed the Board that Lt. Governor Bill Bolling was coming the next day, at 3:OOpm, to present a check to the Southern Virginia Regional Alliance in the amount of $200,000. Pittsylvania County is a member of this alliance and the entire Board was invited to attend. Mr. Bowman also said that U.S. Green Energy Adjourned Meeting March 15, 2011 would be having a groundbreaking ceremony at the Cane Creek Centre at 2pm on March 24, 2011. Mr. Snead would be representing the County but the entire Board was invited to attend. Lastly, Mr. Bowman said that on March 25, 2011, Family Health Care, a part of Danville Regional, would be having a groundbreaking ceremony at 1:30pm in the Brosville Industrial Park and all Board members were invited to attend. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Consent Agenda. The Board unanimously approved Mr. Harville's motion. (a) National Animal Control Week 2011 -Proclamation (b) National Government Purchasing Month 2011 -Proclamation (c) National Public Safety Telecommunications Week 2011 -Proclamation (d) National Volunteer Week 2011 -Proclamation (e) 2011 Beautification and Clean Up Month-Proclamation (f) Road Name Change: Camp Shawnee Road-Dan River District PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL ANIMAL CONTROL APPRECIATION WEEK Aprit 10`" - Aprit 16`"' 2011 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 15, 2011, 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, thanJ~ 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 Officers for the many dedicated and long hours of service they perform in serving this community, and for fulfilling their commitment to providing the highest and most efftcient 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 Adjourned Meeting March 15, 2011 Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of Supervisors officially recognize and proclaim the week of April 10`" through 16`" , 2011 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. CERTIFICATE of RECOGNITION By virtue ojthe awhwiry vested by the Corurirution in the Governor oJrhe Commamveahh of Vbginia, there is hereby o~cia7fy recognized: GOVERNMENTAL PURCHASING MONTH WHEREAg, the Virgink AuociMion of Cioremmemal Porchasittg, Inc. (VAOP), established in I93p, is Iltc ~ Chaptcr O(IlK Nniaul hraiuu dQorerrettexal Pwehawq, Wllll approaltrNYly I,IOD prokwioml pttMk ptechnirtg aaeaabera enlpbyed by ,early 300 public ewdtka, eanpriaed of chin. cotuttics, towns. stale spsaeia, collagta, tswrenitks, ptAlk schools, htwpitala, auhorirka and conetnnity aenkc boards tlroue6otw Virginia; and wHeReAS, the Cttpital Area Iutchriag Aaaocialion (CAPA), also a draper of the Nariorol Irsittae of Gorenancnnl Purchring, wn ealabliahed in 1971, Rpesenb approaitrately 230 ptopeaiaul member in tltc Rich»nttd ntestopolitan ara; and wHLpt6AE, the pttrcltnntg sad awesib tnaaagentem prukaaion, with an aggrsple purcMsing power d billion ddolYn, hu a tremeadars impact on the «atony; and WHLR6A8, pardraiq and arateriaM aarrgemwn Atopeariat~b WoA ~ligtagl, a calablidt sad awitttain ethical al.tdrada in buying ad se~wg to incline tAtir boWktiK deplkiem procuremnrt trttNtods, to dinemirrata taaAW idarttrliaw a its nte+nbera and b parole profeniwta6sm M publik pun:Aning; an0 WHEREAS, hr adtfirion a pttretaatitrg psoda and serricsa. /re purehtaritrg and rrtaterials ttrtaRmaM prokaaiorta engage in. a have dnect resportabiSly pos. es;acuittg, irtpkmenlitq and adeaialsrhtg eatrrac4, deralopwg forccnls and pnscurmertl atrategin, supesrisin6 and taortitaing the Ibw and savage dautnils, sad developing Waking rehstionhipa wilt s.tpplim; and WNtpEAB, goreminertul ptrchaairtg profeaaicrtala emv{bete pnhircy a ow CotrtattweahU'a public agencin sad aerricir by iaspovhq p~~i ntealtoda sad praeticea and by tttiiaiag new IeeVobg4, b incewse etlicirncy and :nprove ptouaaea: NOW, THEREiORE, I, Robcn F Nclbnnell, do hereby teNgniae hlrc6I011 a GOV EWVMF.NTAI. PURCHASING MONTH in uur COMMWiWEALl71 OP VHiGR11A, and I caR thu obvcrvancc b the aaentRm of all uur ani~ens. ~~ U '_t, PS Adjourned Meeting March 15, 2011 PITTSYLVANIA COUNTY BOARD OFSUPERi~ISORS PROCLAMATION NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK Apri! 10`x' -16`", 2011 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 officers, firefighters and EMS personnel is critical to the protection of life and preservation of property; and Whereas, every day millions of people depend on the skill, expertise and commitment of the men and women who work in public safety telecommunications; 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 officers 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, these individuals save countless lives by responding to emergency calls, dispatching emergency personnel and equipment and providing moral support to citizens in distress; 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 10'h through 16`h, 2011 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. PITTSYLVANIA COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL VOLUNTEER WEEK April 10-16, 2011 "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 Adjourned Meeting March 15, 2011 Whereas, individuals and communities are at the center of social change, discovering their power to make a difference; 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 63 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 10`h - 19th, 2011 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. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION BEAUTIFICATION and CLEANUP MONTH APRIL 2011 Whereas, Pittsylvania County has won numerous State and National Awards for Beautification and Clean up of Pittsylvania County; and Whereas, the citizens of Pittsylvania County are proud of the appearance of their County; and Whereas, it is necessary that citizens continue to work to clean up Pittsylvania County providing a number volunteer hours for beautification and litter control; and Whereas, the Keep Virginia Beautiful organization asks all Virginians to be mindful of cigarette litter reduction, to reduce plastic shopping bag waste and litter, and to promote and support programs that beautify and clean including community gardens, restoring vacant lots, highway and shoreline enhancement, plantings, and graffiti abatement; therefore THEN, BE IT HEREBY PROCLAIMED, by the Pittsylvania County Board of Supervisors that the month of April 2011 be declared "Beautification and Cleanup Month" in Pittsylvania County and the Board of Supervisors requests all the citizens of Pittsylvania County to work for beautification and cleanup of the County during this month. Adjourned Meeting March 15, 2011 Public Hearings Rezoning Cases Case 1: Jerry Lee Heath -Tunstall District: R-11-007 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Barber opened the public hearing at 7:15pm. Mr. Shelton explained that Jerry Heath had petitioned to rezone a total of 27.15 acres, three parcels, located on SR 612/Banister Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, to make the zoning consistent with the adjoining farm and for future subdivision of properties for family members. The Planning Commission, with no opposition, recommended granting the petition. Mr. Heath was there 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 rezone Case R-11-007 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes;, Mr. Davis- Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; and Mr. Barber-Yes. Mr. Davis's motion was unanimously approved by the Board. Case 2: Donald R. Fritz & Linda W. Fritz -Callands/Gretna District: R-11-008 MHP, Residential Manufactured House Park District to A-1, Agricultural District Mr. Barber opened the hearing at 7:17pm. Mr. Shelton explained that Donald and Linda Fritz petitioned to rezone 0.40 acres, located off SR 978/Lakeside Road, in the Callands-Gretna Election District from MHP, Residential Manufactured Housing Park District to A-1, Agricultural District, for a single family dwelling for their permanent residence. The Planning Commission, with no opposition, recommended granting the petitioner's request. No one signed up to speak and Mr. Fritz was there to represent the petition. Mr. Barber closed the hearing at 7:18pm. Motion was made by Mr. Ingram, seconded by Mr. Harville, to grant the petitioners' request and rezone Case R-11-008 from MHP, Residential Manufactured Housing Park District to A-1, Agricultural District. 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. Ingram's motion was unanimously approved by the Board. Case 3: Coy E. Harville & Jean D. Harville -Westover District: R-11-009 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Harville abstained from voting on this case as he has interest in the property to be rezoned. Mr. Barber opened the hearing at 7:20. Mr. Shelton stated that Coy and Jean Harville had petitioned to rezone a total of 21.80 acres, three parcels, located of SR 870Nandola Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, for agricultural use (harvesting timber). The Planning Commission, with no opposition, recommended granting the petitioners' request with proffer. Mr. Shelton said he would represent the petition if there were any questions. No one signed up to speak. (Proffer Attached) Adjourned Meeting March 15, 2011 STATE OF VIRGINIA COUNTY OF PITTSYLVANIA BEFORE THE PrI'1"SYLVANIA COUNTY BOARD OF SUPERVISORS RE: CASE 3, R-11-009 -Coy E. Harville Rt Jean D. Harville Rezone the properties fsnm R-1, Residential SabHrbon Subdieasion Diutic< to A-1, figiic•H/lrim/ Distsict, for ugticn/twm! Hre (timber bunrstin~, located off Stale Raad 870/ I ~undola Road, namely Tax Map NHmbers 1386-974569/ 176-21-8, 1386-98-6549/ 176-21-11 C and 1386-98-4317/ 176-21-6A, c»ntaimng u tote/ of 21.80 arnu, three patrols. PROFFER OF CONDITIONS: We, Coy E. Harville and Jean D. Harville, hereby voluntarily proffer to the Pittsylvania County Board of Supervisors the following condition for the above referenced properties: 1. No single-wide mobile homes will be placed on the above-referenced properties. Respectfully subtnitted: Iwllr w. Mu~on/ MWwY IVbllc Cowrwwwr~olw, a vwpwro 71 Nit4 MY 1 fup11N AUQ ~1, 4012 Coy . Flarsiille Dare o City Public My c ion expires Swo and subscribed before me, in my presence chi day of A Virginia Nola Pu lic. In d Eor Mr. Barber closed the hearing at 7:23pm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to rezone Case R-11-009 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Abstained; and Mr. Barber-Yes. The Board unanimously approved Mr. Pritchett's motion with 6 votes; Mr. Harville abstaining. This concluded the public hearings. New Business Motion was made by Mr. Ingram, seconded by Mr. Ecker, to approve a lease agreement between Pittsylvania County and the Olde Dominion Agricultural Foundation (ODAF) in relation to placing the Virginia Cooperative Extension Service in the Olde Dominion Agricultural Complex (ODAC) in an area containing 2,974 square feet. This in lieu of cash agreement is for Pittsylvania County to provide services to the ODAC, including HVAC technical services, janitorial services, solid waste disposal, landscaping, lawn maintenance and a supply of necessary paper goods as agreed to in November 2010, and is for a one (1) year term, beginning March 1, 2011. These in-kind support services to the ODAF Adjourned Meeting March 15, 2011 are in the amount of $46,000.00 for the one (1) year period. Mr. Ingram's motion was unanimously approved by the Board. A motion was made by Mr. Ecker for the County Administrator to draw up a County credit card use policy concerning how they are issued and how they are to be used, which was seconded by Mr. Davis (for discussion purposes). Mr. Ecker felt Board members did not need to carry credit cards on a fulltime basis, but rather they could check them out from the Purchasing Department as needed. He felt that identity and credit card theft were too prevalent these days and the County should take precautions to help avoid this from happening. Mr. Sleeper was asked if there had been in problems in the past, and he stated he was only aware of one instance of a credit card problem and that came from a receipt not being turned in, and once it was asked for, it was turned in. The Board then voted 1-6, with the majority 6 votes opposing and Mr. Ecker's motion failed. Motion was made by Mr. Davis, seconded by Mr. Ingram, to approve a request from the Town of Chatham for a Letter of Support for an application that the Town is submitting to the Tobacco Commission that will request $600,000 from the Commission to upgrade the Town's water treatment plant. Mr. Davis's motion was unanimously approved by the Board. Motion was made by Mr. Ingram to postpone all County action with the Gretna Industrial Park, which was seconded by Mr. Pritchett, and unanimously approved by the Board. Appointments Motion was made by Mr. Ingram, seconded by Mr. Harville, to re-appoint Teresa Easley as the Pittsylvania County Representative to the Dan River Alcohol Safety Action program, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to appoint Mr. Barry Riddle as the Pittsylvania County Representative to the Danville Community College Board, which was unanimously approved by the Board of Supervisors. Items to be Added Mr. Sleeper stated he would like to have a point of order and ask the Board to reconsider the approval of the agenda in order to add a request from the American Civil War Commission's request to have Pittsylvania County on their tour. Mr. Davis made a motion, seconded by Mr. Snead, to amend the motion approving the agenda in order to include the addition of the American Civil War Commission's request, which was unanimously approved by the Board. Mr. Sleeper stated that he needed the Board's approval, and pending approval of legal counsel, to grant the American Civil War Commission's request to add Pittsylvania County to their tour route for the upcoming year. In approving this, the County would have to provide certain services, such as overnight security of the traveling unit (semi-tractor trailer) containing the historical presentation and volunteers to help while it is stationed at various libraries in the County. Motion was made by Mr. Davis, seconded by Mr. Harville, to send the letter back to America Civil War Commission, pending legal approval, stating that Pittsylvania County would like to be placed on the tour route, which was unanimously approved by the Board. Closed Session Motion was made by Mr. Harville, seconded by Mr. Pritchett, to enter Closed Meeting Session for the following reason: Adjourned Meeting March 15, 2011 Closed Meeting -Callands Cannery This issue requires the Board of Supervisors to review and discuss the disposition of publicly held property where the discussion in Open Meeting would adversely affect the bargaining position or negotiating strategy of the public body, the Board of Supervisors is authorized to go into Closed Session. Authority: §2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended Subject Matter: Callands Cannery Purpose: Negotiation for Sale Mr. Harville's motion was unanimously approved by the Board and the Board entered Closed Session, which began at 7:42pm. Motion was made by Mr. Harville, seconded by Mr. Davis, to return to Open Meeting Session and called for the Certification of Closed Meeting, which was unanimously approved by the Board. 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 March 15, 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 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 and Open Session reconvened at 7:51 pm. Motion was then made by Mr. Ingram seconded by Mr. Harville, to charge Mr. Jim Kendrick a price of $500.00 for the Callands Cannery under the condition that he clean it up within a ninety (90) day period. This clean up would include the dismantling and removal of the building and all associated debris. Mr. Ingram's motion was unanimously approved by the Board. Reports from Board Members Mr. Snead stated that he has been working with Connie Nyholm of the Virginia International Raceway (VIR) on a new program called the VIR Pace Setters Club. He stated he would be sending each Board member more detailed information concerning this program. Mr. Harville wanted to thank Jim Davis, Director of Emergency Management, for providing a list of all the County's road names and each road's State Route number. Adiournment Motion to adjourn was made by Mr. Harville, seconded by Mr. Ecker, and unanimously approved by the Board. The meeting adjourned at 8:18pm.