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02-15-2011 BOS Adjourned MeetingAdjourned Meeting February I5, 201 I Pittsylvania County Board of Supervisors Tuesday, February 15, 2011 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, February 15, 2011 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. 'fim R. Barber, Chairman, called the meeting to order at 7:02 p.m. The following members were present: "I'im Barber James Snead William H. Pritchett Coy E. I-[arville Fred M. Ingram Marshall ticker Henry A. "[-[ank" Davis, Jr Tttnstall District Dan River District Bauistcr District Westover District Callands-Gretna District Staunton River District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Htmt, County Attorney, Mr. Greg Sides, Assist County Administrator for Planning and Development, Mr. Odie h[. Shelton, Jr., Director of Code Compliance and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Harville gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the agenda with the following additions: (a) Appropriation of lbbacco Opportunity Fund Reimbursement (b) Olde Dominion Agricultural Complex -Sanitary Sewer- Mr. Ecker, Mr. Ingram (c) Out of Town Travel (d) Bond Restructuring Resolution (e) Change Order- Courthouse Bricks (t) Recreation Director for 2010/1 L and Director's Salary for 2011/12 Budget Mr. Ftarvilles's motion was unanimously approved by the Board. Hearing of the Citizens Mr. George 1-[enderson, Commissioner of the Pittsylvania County Youth Sports League, made comments concerning recreation in Pittsylvania County, stated the Board of Supervisors Recreation Advisory Committee has never consulted Youth Sports League for any input to the Committee's plan for recreation in the County; stated that instead of using County funds to pay hire and pay a Director of Parks and Recreation for the County, to instead use those funds to pay the recreational facility user fees to the school system for the Youth Sports League and allow the League to manage recreation for Pittsylvania County. The League was willing to allow the Board of Supervisors to appoint a Board of Directors at the Blairs facility attd have them report to the Board of Supervisors. Mc Henderson encouraged the Board to not hire a Directors of Parks and Recreation and to allow the Youth Sports League to run recreation in the County. This concluded the Hearing of the Citizens. Consent Agenda (a) April 2011 -National County Government Month Proclamation (b) Appropriation of Sheriff Concession Punds (c) Appropriation of Tobacco Opportunity Funds Adjourned Meeting February I5, 201 I Mr. Ecker made a motion, seconded by Mr. Harvillc, to approve the Consent Agenda. [terns b & c required a roll call vote and 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. Davis-Yes. Mr. Ecker's motion was unanimously approved by the Board. PI'CTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL COUNTY GOVERNMF,NT MONTH -APRIL 2011 "Serving Our Veterans, Armed Forces and Tkeir Frrnrilies" Whereas, the nation's 3,068 counties provide a variety of essential public services to communities serving more than 300 million Americans; and Whereas, Pittsylvania County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and Whereas, Pittsylvania County honors and thanks our residents who have served this country through military service; and Whereas, county government delivers many important services to America's veterans, military service members and their families, including physical and mental health, housing, employment, and justice; and Whereas, the National Association of Counties has encouraged counties across the country to actively promote their own programs and services; and Whereas, Pittsylvania County and the National Association of Counties are working together to Restore the Partnership among all levels of government to better serve American communities; Now, Therefore, Be it Hereby Resolved, that the Pittsylvania County Board of Supervisors do hereby proclaim April 2011 as National County Government Month and encourage all Pittsylvania County officials, employees, schools and residents to participate in county government celebration activities. Public Hearines 12ezoning Cases Case 1; Withdrawn: R-11-OOd Case 2; Transcontinental Gas Pipeline-Banister District: 12-11-005 (A-1, Agriculturnl District to iY/-I, Lrdnstrinl District, Light Industry) Mr. Barber opened the public hearing at 7:09pm. Mr. Shelton explained that "transcontinental Gas Pipeline had petitioned to rezone 1 1.80 acres, located off State Road 692/Transco Road, in the Banister Election District from The Planning Commission, with no opposition, recommended grating the petitioner's request. Mr. James Hutchens was there to represent the petition. No signed up to speak and Mr. Barber closed the public hearing at 7:lOpm. Motion was made by Mr. Snead, seconded by Mr. Pritchett to rezone Case R-11-005 from A-1, Agricultural District, Adjourned Meeting February I5, 201 I to M-1, Industrial District, Light Indusfry (to make it consistent with the adjoining parcel of land). 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. Snead's motion passed by a unanimous vote of the Board. Case 3: Heritage Farms, Inc. -Dan River District: R-11-006 (R-1, Residents! Sttburbnn Subd/visiar District portion to A-/, Agricultural District) Mr. Barber opened this public hearing at 7:12pm. Mr. Shelton stated that [-[eritage Farms, Inc. had petitioned to rezone the R-1, Residential Suburban Subdivisions portion of 241.64 acres to A-1, Agricultural District (to make the zoning consistent with the remaining 207.10 acres and for future subdivision of the property). The R-1 portion was 34.54 acres, located on State Road 899/Cardwell Lane, in the Dan River District. The Planning Commission, with opposition, recommended granting the petitioner's request if the applicant submitted a proffer to deed restrict placement of single-wide mobile homes on the properties to be subdivided. Mr. Pete Ramsey with The Counts Reality & Auction Group was there to represent the case. Mr. Shelton provided the Board with a copy of the proffer restricting the placement of single-wide mobile homes on the property. No one signed up to speak and Mr. Barber closed the public hearing at 7:14pm. ti"1-4-1-F:OF VIKGTN I.\ I ;C>UN"1l' c-f 1~' pPl'11S'L\C.1Nlrl 1i13PORL] TI-IE PT"I'-!'Sl'I:\'AN1A GOL: K'll' >•x~4KlJ OF ~LIPLK\'ItiU1Zc lit3: (-::\SL-: i-K-11-14.6 Hcntagc 1-am>e. lne. lZ.rorar r/.r )2-1, IZr>iJrnriu/SaJ roY+m. .S-r./rfrr~.ion pi..rrr..r /..,m..r. .,fir/xp ~„rrr (. PPrv.~r.,v..r,ly 3J._+-F rsrrJ r.. _4_>- _-fG,: v/n.rv/ /JLrr,irr ro mubr U r G .Tt m rr?,.r .. ir/ 9/ c ,. nq 20 °. >O . .. /... c A r .Srm, FZnu / HJl/G"..ar dn-,U l~,r:,, orr. ,./,' Tyr+-~\1.~. \w~.f,rr 2365-O Z_9g0 S/ lA' /-~H-R/ate 1. „r.nruini.~ 211./.1 .nrnr. PK(71=T-'E?K ~'>P C=ONUI-1'IC~N V: Hari rage I-"'ms, Inc.- hereby a olar<>raril5- pro FEe rs ro ahe P.ro.vl.-ar.rs. C_ounr}- Board ..f supera-ise,rs dne Fnllr+avirrhr erindirion for rFaa above retere Head Ivmpc-rp-~ t. lJccd licncc+ ~ d+a r:.Lloa-u+t,~: No I>laccmcnr of ~ vglc~-.vide na.bilc homas ..n chr :.boa-e--ro Fcran e..-d proparn~. /K/c/s~p/fa/c r~fully- -. ul>a aiclcd: `T ~~!!~ ~ Z - / /- // John L. Fiayr/cffa for J7ar¢ y¢ri9uXr Far9ycy, lirc_ ~" c ^~/;~° nd subscribe-d fx fo{ me n -pre encc rbisrr~ day .+f ~rir-G! W , Z Or! 1'+ `-\ VirKi nla Nofary Public Ina d fcr Co c 4mm"=~ _._ .~ v: fa Orf s V /aw.w ~~ ~¢ ~ ~ Norary Pal+lrc 1\fy . as. n cxpa. Tim - 3I-> 3 6COTT DOUGLI.S HI.R PER NO.a.y Pub11C commonw..nn o. v~.wm. 929938'1 My Cbmmisaon EaPI... Oct 31, 2013 Motion was made by Mr. Snead, seconded by Mr. Davis, to grant the petitioner's request in Case R-I1-006 to rezone the R-l, Residential Suburban Subdivisions portion of 24L64 acres to A-1, Agricultural District (to make the zoning consistent with the remaining 207.10 acres and for future subdivision of the property). The R-1 portion was 34.54 acres, located on State Road 899/Cardwell Lane, in the Dan River District, and to include the submitted proffer that will make a deed restriction of single-wide mobile homes being placed on the properties to be subdivided. The following Roll Call Vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mc Harville- Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by unanimous vote of the Board. This concluded the Public Hearing Rezoning Cases Adjourned Meeting February I5, 2011 New Business Motion was made by Mc Snead, seconded by Mr. Davis, to remove the question from the [able to discuss, Motion Concerning Industrial Parks, which was unanimously approved by the Board. Motion was then made by Mr. Ingram, seconded by Mr. Snead, to authorize the County Administrator to issue Requests For Proposals (RFPs) (or Preliminary Engineering Reports (PER) to evaluate the most feasible and cost-effective design for development of buildable pad sites, which are fully served by water, sewer and power, in each oP the following existing industrial parks: Ringgold East, Brosville and Gretna. Funding for each PER shall not exceed $25,000.00 and the funding shall come from the unencumbered Economic Development budget. Mr. Ecker and Mr. Harville stated they thought the Economic Development Committee had decided one park at a time should be clone and would not support this motion. Mr. Ingram stated all three industrial park sites needed to be cleared and the PERs enables the development of plans for each. Mr. Harville then made a substitute motion to focus only on the Ringgold East Industrial Park with the 67,000 square foot building that would include a preliminary engineering report with a tobacco application, which was seconded by Mr. Ecker. The following vote on the substitute motion: Mr. Davis-Yes, Mr. Snead-Yes, Mr. Pritchett-Yes; Mr. Ingram-No; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Barber-No. Mr. [-larville's substitute motion passed by a majority vote of 5-2. The Finance Committee made a motion to appropriate $12,544.00 from unappropriated surplus funds. "['his motion requires a 10-day layover. Motion was made by Mr. Snead, seconded by Mr. (larville, determined in accordance with §2.2430(c) of the Codc of Virginia, 1950, as amended, that competitive sealed bids arc not practical or fiscally advantageous and authorizes the issuance oP the Request For Proposals (RFP) by the County's Purchasing Department, as prepared by Federal Engineering, Inc, for 200 MHz Project 25 Radio Communications System and the Towers, Shelters, and Generators for the Radio Communications System and authorize the County Administrator to advertise the RI' P and have Donna Meeks, Purchasing Manager, to solicit potential vendors to respond. Mr. Snead's motion was unanimously approved by the Board. Addrrl itPmc Motion was made by Mr. Ecker, seconded by Mr. I~arville, to appropriate $105,000 to 325-4-081500-8222, from funds returned from Doonnachaidh Associates, L,L,C they received as a TROP incentive that were returned to Pittsylvania County as the tobacco grant applicant. "Chis motion required a 10-day layover. Motion was by Mc Ecker, seconded by Mr. Snead, to allow the County Administrator to work out an agreement with the "town of Chatham, the Pittsylvania County Service Authority (PSCA), the Olde Dominion Agricultural Foundation (OUAP) to solve the problem of the electric service and service road to the Olde Dominion Agricultural Center (ODAC) and to authorize the County Administrator to apply for any funds possible to help pay the costs in order to finish up the project A substitute motion was made by Mr. Harville, seconded by Mr. Davis, to authorize the County Administrator to find the funds in the budget to continue the pump and haul of sanitary sewer for the holding tanks in order to keep the facility open, for the County Administrator to work with engineering and all the aforementioned parties involved to complete the project and seek any funding available. Mr. Flarville's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve Ou[ of State Travel for the Economic Director's day trip to Atlanta, Georgia, traveling with the State Office of Economic Development, to meet with a prospective industry. Mr. Bowman would be returning Adjourned Meeting February I5, 201 I the same day and the cost would be approximately $200.00. The motion also includes a second Out of State "Trip to Florida at the end of the month, to also meet with potential businesses for the County, with an approximate cost of $900.00. All monies would come from unencumbered funds in Economic Development "fhe Board unanimously approved Mr. Sncad's motion. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Bonds Restructuring Resolution 201 1-02-03, authorizing the taking of actions with respect to the issuance of bonds for Pittsylvania County. "fhe following roll call vote was recorded: Mr. Ingram-Yes; Mr. I-[arville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett- Yes; and Mr. Barber-Yes. Mr. Harvillc's motion was unanimously approved by the Board. w RESOLUTION AUTHORIZING THE TAKING OF ACTIONS WITH RESPF,CT TO THE ISSUANCE OF DONDS 6Y PITTSYLVANIA COUNTY, VIRGINIA 201 I-02-0J WHF,REAS, the board of Supervisors of Pittsylvania County, Virginia (the "Board") wishes to undertake the refunding of all or a portion of its outstanding Geneml Obligation Refunding Bonds, Scrics of 1998 and Geneml Obligation School Refunding Donds, Series 2005 (collectively, the "Prior Donds") issued by Pittsylvania County, Virginia (the "County"), in order to restructure certain upcoming principal payments; and WHEREAS, to refund the Prior Bonds, the County will need to issue bonds in an aggregate principal amount not to exceed $8,500,000, such bonds to be issued pursuant to the Public Finanee Act of 1991, Chapter 26, 'Title 15.2, Code of Virginia of 1950, as amended (the "Act"), and to be secured by a pledge of the full faith and credit of the County; and WHEREAS, the Board, pursuant to the Act, now desires to issue and sell the bonds either through a private placement with a financial institution or similar entity or through n public offering, the manner of sale being determined based upon market conditions and upon the recommendation of Davenport & Company LLC ("Davenport"); and WHEREAS, the County Administrator and staff of the County will need to take certain actions prior to the final authoriwtion of the bonds to facilitnte the sale and issuance thereof in a timely and orderly manner; NOW, THEREFORE, BF. IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA: I. It is hereby determined to be necessary and expedient for the County to refund [he Prior Bonds by issuing its refunding bonds in a maximum aggregate principal amount not to exceed Eight Million Five Ilundrcd Thousand Dollars ($8,500,000) (the "Bonds'. Adjourned Meeting February 15, 201 I 2. The Board hereby authorizes the County Administrator and County staff, upon the advice and recommendation of Davenport, to (i) prepare and disseminate, or cause to be prepared and disseminated, a request for proposals (the "RFP") to financial institutions and other entities specified by the County and/or (ii) work with Davenport to prepare a Preliminary Official Statement of the County describing the Bonds and their terms and manner of purchase, the purposes for which the Bonds are being issued and the security for and other information relating to such Bonds, and setting forth certain information with respect to the County. The form of the Preliminary Official Statement and its distribution are subject to approval by the Board by resolution adopted at a subsequent meeting prior to its distribution.. 3. [n the event that a private placement is determined to be in the best interests of the County, the County Administrator and his staff' aze hereby authorized to (i) select the RFP response that the County Administrator feels best satisfies the interests of the County (the "Winning Proposal") and (ii) take any other actions that he may feel necessary or expedient in connection with the RPP and the selection of the Winning Proposal for the purchase of the Bonds. The County Administrator is authorized to negotiate the terms of the Winning Proposal, and the Chairman and Vice Chairman of the Board and the County Administrator, any of whom may act, are each authorized to accept the Winning Proposal on behalf of the County and, if required, to execute and deliver the Winning Proposal. 4. In the event that a public ofFering and sale of the Bonds is determined to be in [he best interests of the County, the County Administrator and his staff are hereby authorized to take such actions as shall be necessary or appropriate to obtain a credit rating or ratings for the Bonds from Fitch, Inc., Moody's Investors Service, Inc. and/or Standazd & Poor's Ratings Services, if the County Administrator, in consultation with Davenport, determines that the receipt of such ratings would be beneficial to the County. In addition, the County -2- Adjourned Meeting February 15,2011 Administmtor and his staff are authorized to take such actions as shall be necessary or appropriate to obtain a commitment or commitments for municipal bond insumnce or other credit enhancement to secure the Bonds, if the County Administrator, in consultation with the Davenport, determines that the receipt of such municipal bond insurance or other credit enhancement would be beneficial to the County. Any determination of the security to be offered for the Bonds such as bond insurance or other credit enhancement will be subject to approval by the Board by resolution adopted at a subsequent meeting prior to the time that the County enters into a contract to sell or place any Bonds. 5. The County hereby appoints Troutman Sanders LLP to serve as Bond Counsel to the County in connection with the issuance of the Bonds and to supervise all proceedings in connection therewith. 6. "fhe County Administmtor and other officials of the County are hereby authorized to execute and deliver all other certificates, instruments and documents in the name and on behalf of the County and to take all such further action as they may consider necessary or desirable to carry out [he intent and purpose of this Resolution or the issuance of the Bonds, including without limitation the filing of any applications for State and Local Government Series ("BEGS") securities. 7. The actions of the County Administmtor and his stafT in undertaking preliminary arrangements for the financing contemplated hereby are in all respects mtitied, approved and confirmed. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, regardless of whether such actions occurred before or occur after the enactment of [his Resolution, are hereby ratified, approved and confirmed. The final terms of the Bonds shall be fixed by the Boazd by resolution adopted at a meeting prior to [he date that any Bonds are sold. -3- Motion was made by Mr. Davis, seconded by Mr. Snead, to approve a Change Order with Strickland Weatherproofing in the amount of $9,649.00, which in within the project funds, and Adjourned Mee[ing February I5, 201 I use the old paver bricks, to complete the renovation of the area beneath the Courthouse stairway. Mr. Davis's motion was unanimously approved by the Board. Motion was made by Mr. Flarville, seconded by Mr. Pritchett, to interview and hire a Director of Recreation and Development with funds all ready available in the 2010/l l budget. and to incorporate that positions' salary into the 2011/2012 budget. Mr. Harville's motion passed by a 5-2 majority vote of the Board, with Mr. Ecker and Mr. Davis opposed. ~tpointments Motion was made by Mr. I-[arville, seconded by Mr. Ecker, to approve and nominate the recommendations from the Nominating Committee of the Agriculture Development Board to serve the new one (1) year terms that will begin as of January I, 201 l (Nominations follow). Mc Harvillc's motion was unanimously approved by the Board. VOIinQ Menthers Mr. Buddy Shelton Board Chairman Mr. Chad Shelton Vice Chairman Mr. Lanier Easley Representing Crop producers - no change Mr. Dean Jennings Representing Cattle Producers from non-voting Mrs . Maggie Gardner Representing Equine Producers - no change Mr. Mark Osborne Representing "Cusp Producers from non-voting Mr. Roger Jcflcrson Representing Dairy Producers Mr. Robert Mills Representing Poultry Producers - no change Mr. Roy Swanson Representing Swine Producers Mr. Kevin Owen Representing Farm Bureau - no change Mr. Joe Williams Representing Viticulture Mc Bobby Wilkerso n Representing At-Large Producers Mr. Donnie Moore Representing the Ex-Officio position Non-Vo/inp tYlerabers Mr. Ricky Luck Ms. Jessica Jones Mr. James Snead Mr. Ken Moss Mc Charles Adkinson Mr. George Winn Mr. Ken Bowman Mr. W. P. Johnson Mr. Jim Shields Mr. Dan Sleeper Mc Stephen Barts Mr. Drew Arnn Representing "tobacco - no change Representing Ag Education Representing BOS appointment Representing I-lorticulture -from voting Representing Fertiliser- no change Representing Feed Representing Economic Development - no change Representing FSA - no change Representing Farm Equipment - no change Representing County Administration - no change Representing Cooperative Extension Representing VA Dept. of Forestry - no change Reports from Board Members Mr. Harville requested the Mr. Sleeper contact Joe King, Danville City Manager, concerning a DEQ notice received this same day and he also received an email from David Adjourned Meeting February I5, 201 I Whitehurst concerning Roxoboro, North Carolina's request to withdraw water from water in Pittsylvania County out of the Dan River. I-Ie instructed Mr. Sleeper to find out if the County needs to get with the City in support of opposing this. "this withdrawal could affect several areas and aspects of the citizens of Pittsylvania County. Mr. Snead reminded everyone of the ribbon cutting on Saturday, February 19, 201 l at 2pm at the Olde Dominion Agricultural Center. Governor Robert McDonnell would also be attending. Mr. Barber reminded everyone that as of this day, I~cbruary 15, 2011, the State was beginning its annual burn restriction; no burning until afrcr 4pm through April 30, 2011. He also asked Mr. Sleeper to coordinate with the City of Danville to coordinate aCity/County Joint meeting. Closed Session Motion was made by Mr. Snead, seconded by Mr. Flarville, to enter Closed Meeting Session for the following reason: Discussion oP performance and salaries of employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: § 2.2-371 I(A) (1) Code oP Virginia, I I50, as amended Subject County Administration Purpose: Discussion of performance and salaries of employees of any public body Mr. Snead's motion was unanimously approved by the Board. (7:58pm) Motion was made by Mr. Davis, seconded by Mr. Ingram, to return to Open Meeting Session and called for the Certification of Closed Mccting, which was unanimously approved by the Board. The following certification resolution was read and approved by the following roll call vote: 1'ITTSYLVANIA COUNTY BOARD OF SUPEKVISORS CER'1'lFY CLOSED MEETING BE 1T RESOLVED that at the Adjourned Mccting of the Pittsylvania County Board of Supervisors on February I5, 2011, the board hereby certifies by a recorded vote that to the best of each board members 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. [f 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 deparhu~e. The statement shall be recorded in the minutes of the Board. Vote Coy I. 1 [arvillc Ycs Marshall A. Bckcr Yes "I~im R. Barber Ycs James Snead Ycs Williams H. Pritchett Yes Pred M. Ingram Ycs Henry A. Davis, Jr. Ycs Certification was unanimous and Open Session reconvened at 8:1 lpm. Motion was then made by Mc Snead, seconded by Mc Pritchett, [o re-new the County Administrator's contract as approved by the County Attorney and authorize the Chairman of the Adjourned Meeting February I5, 201 I Board of Supervisors and the Chairman of the Personnel CommiUee to sign. Mc Snead's motion was unanimously approved by the Board. Adjournment Motion was made by Mr. ticker, seconded by Mr. Ingram, to adjourn. "I'he meeting adjourned at 8:18pm. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William U. Sleeper, Clerk Pittsylvania County Board of Supervisors