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04-04-2011 BOS Regular MeetingRegular Meeting April 4, 201 I Pittsylvania County Board of Supervisors Monday, April 4, 2011 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, April 4, 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 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 E. Harville of the Westover 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. Ingram gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the agenda with the following changes: (1) Move to the Consent Agenda: (a) Item 14-Virginia Department of Transportation Speed Study Request on the Brosville Industrial Road. (b) Item 15-Virginia Association of Counties-Resolution on Committee Representation (2) Deletion of Item 18-Credit Card Policy Mr. Ecker disagreed with the removal of Item 18 from the agenda. Mr. Snead stated that the Board did not approve drafting a new credit card policy at the meetings last month. Mr. Ecker stated that this dratt policy was not the same policy presented at the previous meetings and should stay on the agenda for discussion. "I'he following vote was recorded: Mr. Snead, Mr. Pritchett, Mr. Ingram and Mr. Barber voting in approval of Mr. Snead's motion with Mr. Ecker and Mr. Davis opposing it. Mr. Snead's motion passed by a majority vote of 4 to 2, with Mr. I Iarville being absent. Hearing of the Citizens The following citizens spoke in support of Pittsylvania County keeping funding intake in the upcoming FY2011/12 budget for the Longwood Small Business Development Center (LSBDC): Mr. Sandra Giles who was representing SIPS of America, Inc., Mr. Steve Smith of ACL Mortgage Services and Mr. Ed Tillist, a volunteer for LSBUC. Mr. George Stanhope of the Callands-Gretna District stated that he was a supporter of Mr. Ingram and his efforts in bringing businesses to the Gretna area. Ms. Barbara Hudson, of the Callands-Gretna District, made comments opposing proposed changes in the Pittsylvania County Code, Chapter 35-Zoning Ordinance that would delete the following "An accessory building shall not dominate a principal building in the urea, extent or purpose ", in particular the changes in 35-40, 35-18, 35-21, 35-23, 35-25, 35-51-paragraph 5, 35-71, 35-74, 35-86 and noted that 35-89 was blank and reserved and was supposed to have been for the limitation of the nu[nber Regular Meeting April 4, 201 1 of trucks and/or recreational vehicles parked on a residential lot. Ms. Hudson felt this change would invite someone to develop lots with buildings of various sizes and that would create a deviation from what is traditionally known as a residential area. Furthermore, Ms. Hudson felt some real estate agents could warn potential buyers, and also believed this equal to no zoning restrictions at all in a residential section. Mr. Willie Fitzgerald, President of the Local Chapter of the National Association for the Advancement of Colored People (NAACP) stated the NAACP had sent a letter to the Board of Supervisors in support of staggered terms for the Board of Supervisors and had not received a response yet and would if the NAACP should expect a reply. Mr. Barber stated it was an item the Board has scheduled to discuss in their upcoming Work Session. Mr. Barber stated that he wanted to recognize that Board Scout Troup Pack 378 was present for the meeting. This concluded the Hearing ofthe Citizens Consent Agenda (a) Minutes: March 7, 2011-Regular Meeting March 15, 2011-Adjourned Meeting (b) Bill List -March 2011 (c) State Restricted Seizure Funds -Commonwealth Attorney (d) Project Lifesaver (e) Resolution 2011-04-OS for retiring Chief Frank J. Dolan of the Dry Fork Volunteer Fire Department (f) Ratification of Contract: Reynolds-Clark Development, [nc.: Grant Application Work (g) Virginia Department of Transportation Speed Study Request on the Brosville Industrial Road (Resolution moved from New Business to Consent Agenda) (h) Virginia Association ofCounties-Resolutions on Committee Representation (moved from New Business to Consent Agenda) Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the amended Consent Agenda, which was unanimously approved by the Board, with Mr. Harville being absent. Mr. Barber then presented Mr. Frank J. Dolan with Resolution 2011-04-05, reading it and publicly thanking Mr. Dolan for all he has done for his community and citizens of Pittsylvania County. P[TTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-04-02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, April 4, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Virginia Department of Transportation is charged with the responsibility of insuring that the speed limits established on secondary roads provide for both traffic flow and public safety and is responsible for posting of those speeds; and Regular Meeting April 4, 201 1 WHEREAS, Brosville Industrial Road, in the Brosville Industrial Park, is not designed or intended to convey through traffic and is intended to provide safe access for local commercial and industrial activities, and needs a reduction in speed to meet these design goals; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully request the Virginia Department of Transportation to review the speed limit on Brosville Industrial Road and consider reducing the speed limit from 55 miles per hour to 45 miles per hour. PITTSYLVAN[A COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-04-03 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, April 4, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, James Snead, representative for the Dan River Electoral District of Pittsylvania County, has been appointed by the Virginia Association of Counties to two committees, one being the Budget and Finance Committee and the second being the Administration of Government Committee for the calendar year 2011; no THEREFORE, BE IT HEREBY RESOLVEll, the Pittsylvania County Board of Supervisors endorses James Snead's participation on the Virginia Association of Counties' Finance Committee and Administration of Government Committee; and BE IT FURTHER RESOLOVED, the Board of Supervisors authorizes the County Administrator to approve required expenditures by James Snead arising from his attendance at the referenced committees of the Virginia Association of Counties. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-04-04 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, April 4, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, Kenneth L. Bowman, Director of Economic Development for Pittsylvania County, has been appointed by Robert R. Adkins, President of the Virginia Association of Counties, to the 2011 Virginia Association of Counties Finance Committee; then THEREFORE, BE IT HEREBY RESOLVED, the Pittsylvania County Board of Supervisors endorses the appointment of Kenneth L. Bowman to the Virginia Association of Counties' Finance Committee for calendar year 2011; and BE IT FURTHER RESOLOVED, the Board of Supervisors authorizes the County Administrator to approve necessary expenditures by Kenneth L. Bowman arising from his attendance at the referenced committees of the Virginia Association of Counties. Regular Meeting April 4, 2011 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-04-05 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, April 4, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, Mr. Frank J. Dolan was an original founding member and a member of the first board for the Dry Fork Volunteer Fire Department in Dry Fork, Virginia; and WHEREAS, Mr. Dolan started out as Assist Chief when the fire department first went into operation in 1996, completing his First Responder training in 1998 and completing EMT-B training in 2000; and WHEREAS, when Mr. Ronnie Harvey stepped down as chieF in 1997, Mr. Frank Dolan assumed the role as Chief of the Dry Fork Volunteer Fire Department, a position that Mr. Dolan has held until his recent retirement in 201 l; WHEREAS, after leading the fire department for a number of years in the most calls responded to, in September 2007 the Chatham Star Tribune bestowed the honor of "Everyday Hero" to Chief Dolan; and WHEREAS, Chief Dolan is also an associate member of the Danville Lifesaving Crew, a member of the Pittsylvania County Crimestoppers, the Dry Fork Ruritan Club, and the local chapter of the National Wild Turkey Foundation-a testament to his community involvement; and WHEREAS, Frank Dolan; is married to Earlene Stowe Dolan and together they have a son, Frankie, a daughter Amy and four grandchildren; is a member of the Emmanuel Pentecostal Holiness Church, and is very dedicated to his family, his church and his community; then THEREFORE, BE IT HEREBY RESOLVED, on the behalf of the citizens of Pittsylvania County, the Board of Supervisors would like to express their sincere gratitude to Mr. Frank J. Dolan for his years of selfless volunteerism, his dedication to help his community and neighbors, the countless people whose lives he as positively affected when responding to calls in their times of need, and the Board wishes Mr. Dolan the best in his retirement from the Dry Fork Volunteer Fire Department and is all his future endeavors; and BE IT FURTHER RESOLOVED, that a copy of this resolution be presented to Mr. Frank J. Dolan. Unfinished Business At the March 7, 2011 Regular Meeting of the Board of Supervisors, a motion was made by Mr. Harville, seconded by Mr. Snead, to appropriate $8,195.00 to the Electoral Board budget (100-4- 013100-6003) from Unappropriated Surplus in order to purchase needed batteries for voting machines. 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. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett- Regular Meeting April 4, 2011 Yes; Mr. Ingram-Yes; Mr. Harville-Absent and Mr. Barber-Yes. Mr. Harville's motion from March 7, 201 I was unanimously approved by the Board members present, with Mr. Harville being absent. At the March 7, 2011 Adjourned Meeting of the Board of Supervisors, a motion was made by Mr. Ingram, seconded by Mr. Snead, to appropriate a total of $5,833.33 for the April 2011 payment to Regional One that required a 10-day layover and then a roll call vote. The 10-day layover requirement had been met. Mr. Ecker asked Mr. Sleeper for an update concerning the contract with Med3000. Mr. Sleeper stated that contract had been reviewed by the County Attorney and then sent to Mr. Steve Finkner for the Fire & Rescue Association to review the County Attorney's comments on the contract. Mr. Ecker stated that he still had a problem with Regional One taking people to the Danvillc hospital when they wanted to be taken to Lynchburg hospital, which was also closer for those particular citizens. Mr. Ingram stated he had heard the same complaints from people in his district about Regional One. The Chairman instructed Mr. Sleeper to check Regional One's contract concerning a caller's request to be taken to hospitals other than the one in Danville. "I'he following Roll Call vote was recorded: Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Absent; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Ingram's motion from March 7, 2011 was unanimously approved by the Board members present with Mr. Harville being absent. At the March 7, 2011 Adjourned Meeting of the Board of Supervisors, a motion was made by Mr. Harville, and seconded by Mr. Ingram, to reappropriate Expenditure Refunds for the month of February as follows: $100.00 to Sheriff-Halloween-Contributions (100-4-031200-5878), $11,575.00 to Sheriff-Capital Outlay-Vehicles (100-4-031200-8105), $210.74 to Jail-Extradition (100-4-033100- 5550), $200.00 to Animal Control-Donations (100-4-035100-5883), $3,241.95 to Solid Waste Collections-Parts (100-4-042300-6030), $226.09 to Solid Waste Collections-Labor (100-4-042300- 6031), $20.00 to Library-Computer Supplies (1 00-4-073 1 00-602 1), $91.22 to State Library-Books & Subscriptions (250-4-073300-6012), $1,730.00 to WIA-Admin-Insurance (251-4-353160-5307), $22,065.63 to WIA-Rent (251-4-353160-5420), $637.48 to Fleet Management-Parts (310-4-094135- 6030), $383.00 to Fleet Management-Labor (310-4-094135-6031), $13,222.08 to Moses Building Repairs (310-4-094150-818127, which required a l0-day layover and then a roll call vote. The 10-day layover had been met and the following Roll Call vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Absent; Mr. L-'cker-Yes; Mr. Davis-Yes; and Mr. Barber-Yes. Mr. Harville's motion from March 7, 201 l was unanimously approved by the Board members present, with Mr. Harville being absent. New Business A motion came from the Finance Committee to authorize that the County Administrator begin working with Davenport & Company on the "early approach plan " presented by Davenport & Company at the Finance Committee meeting for the paying down of Bonds 2008 B with excess proceeds, which was unanimously approved by the Board members present, with Mr. Harville being absent. No other recommendations came from the finance Committee. Motion was made by Mr. Snead, seconded by Mr. Davis, to ratify Resolution 2011-04-O1, authorizing the submission of the FY 11 (Round 2) Tobacco Application for Pittsylvania County, Virginia for the Ringgold East Industrial Park Development Ready Sites, which was unanimously approved by the Board members present, with Mr. Harville being absent. Regular Meeting April 4, 201 l RESOLUTION AUTHORIZING SUBMISSION OF THE FY 11 (Round 2) TOBACCO APPLICATION FOR PITTSYLVANIA COUNTY, VIRGINIA 2011-04-01 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 agro-business community, then BE [T HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of this grant for the Ringgold East Industrial Park -Development Ready Sites, and authorizes the County Administrator to 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. Davis, seconded by Mr. Snead, to approve an amended contract with Dewberry of Danville for Phase I and Phase II Groundwater Monitoring Well Installations, totaling $25,700.00 and authorize the County Administrator to sign all necessary documentation, pending approval of Legal counsel, which was unanimously approved by the Board members present, with Mr. Harville being absent Motion was made by Mr. Davis, seconded by Mr. Pritchett to appropriate $5,833.33 from Unappropriated Surplus for the May 2011 payment to Regional One, which required a 10-day layover before holding a Roll Call Vote. Motion was made by Mr. Ecker, seconded by Mr. Ingram, for the following funds: $150.00 to Sheriff-Advertising (100-04-031200-3600), $2,2012.05 to Sheriff-Parts (100-4-031200-6030), $1,021.00 to Sheriff-Labor (100-4-031200-6031), $295.12 to Extradition (100-4-033100-5550), $12,500.00 to SW Collections -Repairs (100-4-042300-3310), $4,954.00 to SW Disposal-Packer Body Repairs (100-4-042300-6041), $2,360.00 to B&G-Historical Location Maint. (100-4-04300-60071), $38,840.56 to W1A-Rent (2451-4-353160-5420), $675.69 to Jail Inmate Management -Medical (311-4- 033400-6004). This motion required a 10-day layover before holding a Roll Call Vote. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to authorize the County Administrator to seek Request for Proposals (RFPs) for water infrastructure for the Berry Hill Mega Park in accordance with the Pittsylvania County Purchasing Ordinance and the State Procurement Laws. Mr. Snead's motion was unanimously approved by the Board members present, with Mr. Harville being absent. Regular Meeting April 4, 201 1 Motion was made by Mr. Snead, seconded by Mr. Davis, to hold a public hearing for citizen input on proposed amendments recommended by the Planning Commission to the Board for the Pittsylvania County Zoning Ordinance concerning accessory buildings, that would deleted '`An accessory building shall not dominate a principal building in urea, extent, or purpose ". Mr. Snead's motion was unanimously approved by the Board members present, with Mr. Harville being absent. Appointments Motion was made by Mr. Snead, seconded by Mr. Davis, to lay the appointment to the Danville Community College Board on the table, which was unanimously approved by the Board members present, with Mr. Harville being absent. Motion was made by Mr. Mr. Pritchett, seconded by Mr. Ecker, to re-appoint Mr. Willie Fitzgerald of the Banister District to the Pittsylvania County Service Authority Commission fora 4-year term beginning 04-OS-2011 until 04-04-2015, which was unanimously approved by the Board members present, with Mr. Harville being absent. Motion was made by Mr. Snead, seconded by Mr. Ecker, to re-appoint Mr. Larry Estes of the Tunstall District to the Pittsylvania County Service Authority Commission fora 4-year term beginning 04-05-2011 until 04-04-2015, which was unanimously approved by the Board members present, with Mr. Harville being absent. Motion was made by Mr. Davis, seconded by Mr. Pritchett, to re-appoint Mr. Carson Womack as the Chatham-Blairs District representative to the Pittsylvania County Social Services Board fora 4-year term, which was unanimously approved by the Board members present, with Mr. Harville being absent. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to appoint the Rev. Haywood Hodge to the Pittsylvania County Transportation Safety Commission Board as its Banister District representative, which was unanimously approved by the Board members present, with Mr. Harville being absent. Closed Session Motion was made by Mr. Davis, seconded by Mr. Snead, to enter into Closed Session for the following: Closed Meeting -Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultations or briefngs 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. {a) Authority.' X52.2-3711 (A)(7) oj'the Code of Virginias. 1950, as amended Subject Matter: Nancy Smith vs. Pittsylvania County Board of Supervisors and Regional Indtrstr•ial Facilities Authority Purpose: Briefrng on Petition for Appeal (b) Authority.• ,~2.2-3711 (A)(7) of the Code of Virginia, 1950,, as amended Subject Matter: Pittsylvania County c~C Others vs. Verizon Virginia, Inc. & Verizon Sotrth, Inc. Purpose: Briefrng on Litigation Status Update Regular Meeting April 4, 201 I Mr. Davis' motion was unanimously approved by the Board members present, with Mr. Harville being absent. The Board entered Closed Session at 7:47pm. Motion was made by Mr. Snead, seconded by Mr. Ecker, 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 Regular Meeting of the Pittsylvania County Board of Supervisors on Apri14, 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 lnforrnation 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 Absent Marshall A. Ecker Yes Tim R. Barber Yes James Snead Yes Williams 1--I. Pritchett Yes Fred M. Ingram Yes Henry A. Davis, Jr. Yes Certification was unanimous and Open Session reconvened at 8:07pm No action was taken from Closed Session Reports from Board Members Mr. Snead stated he had a meeting with the Virginia Association of Counties (VACo) on the upcoming Friday. Mr. Ingram asked everyone to keep Mr. F.A. Keatts and his family in their thoughts. He also thanked the Board and Mr. I Iunt for helping to get the Callands Cannery property cleaned up. Mr. Barber reminded everyone the Board would hold a Work Session at 5:30pm on March 14, 2011 and the meeting would be held at the Chatham Train Depot building. Reports from County Administrator Mr. Sleeper reminded everyone of the County-City Joint Meeting to be held at the Institute for Advanced Learning and Research on Tuesday, March 12, 2011, with dinner beginning at 6pm. An update briefing on Cane Creek Centre, the Cyber Park, and the Mega Park would be the agenda topics. Adjournment Motion was made by Mr. Ingram, seconded by Mr. Ecker, to adjourn the meeting, which was unanimously approved by the Board members present, with Mr. Harville being absent. The meeting adjourned at 8: l Opm.