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06-06-2011 BOS Regular MeetingRegular Meeting June 6, 2011 Pittsylvania County Board of Supervisors Monday, June 6, 2011 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, June 6, 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 7:04p.m. The following members were present: Tim Barber James Snead William H. Pritchett Coy E. Flarvillc Fred M. Ingram Marshal I I~ckcr Henry A. "Hank" Davis, Jr Tunstall District Dan River District Banister District Westover District Callands-Gretna District Staunton River District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden I[unt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker gave the invocation and led the Pledge of Allegiance. The following items were requested to be placed on the agenda (a) Appointment to the Southern Area Agency on Aging (b) Appointment to the Library Board -Chatham-Blairs District (c) Closed Meeting-Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probably 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), Code of Virginia, 1950, as amended; Subject Matter: Draft Memorandum of Understanding-Appalachian Power Company and "fri-County Lake Administrative Commission; Purpose: Briefing on Petition and Negotiation by Legal Counsel. The following items were requested to be removed from the agenda: (a) Item IS- Request for Public I-tearing to propose an amendment to Chapter 2 of the Pittsylvania County Code-Animals at Large; Controlled Area- Petition from Residents in the Town of Chatham. Reyuested thcu this item he removed until the Board of Supervisors hear from lire Totvn Council of Chnthcrm concerning this ropic•. (b) Item 7(c) -Merger of Pittsylvania County and the City of Danville Emergency Planning Committee. Requested that this diem be removed until the July S, 2011 Bocn•d of Supervisor meeting. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve the agenda, to include the stated addition and removal of items, which was unanimously approved by the Board. Hearing of the Citizens Mr. Allen Gross of the Banister District addressed the Board with concerns on wanting his well drinking water tested again prior to proposed sample drilling being discussed by Virginia Uranium, Inc. Mr. Richard Shumate of the Westover District made comments concerning the alleged dumping of trash by non-County residents at the Old Mayfield collection site. "this concluded the Hearing of the Citizens Regular Meeting June 6, 201 1 Consent Agenda (a) Minutes: May Z, 2011 -Regular Meeting May 17, 201 1-Adjourned Meeting (b) Bill List -May 2011 (c) Merger of Pittsylvania County and City of Danville F..mergency Planning Committee-This item was removed at the beginning of the meeting. (d) Resolution-Joan Hullett (e) [.ibrary Transfers (f) Project Lifesaver (g) Regional One hily 201 1 (h) Soil and Water Conservation Appropriation Motion was made by Mr. I-Iarville, seconded by Mr. Ecker, to approve the Consent Agenda, noting that Item 7(c) had already been removed at the beginning of the meeting. Mr. Harville's motion was unanimously approved by the Board. YITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-06-O1 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, June 6, 2011, in the Grnieral District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, Joan Hullett began her career with the West Piedront Planning District Commission, in August 1971 and has announced her retirement from the position of Deputy Director in 2011; and WHEREAS, Joan Hullett has been a leader in promoting regional planning through her key role in developing a Regional Water Supply Plan and a Regional Hazard Mitigation Plan and assisting with the Regional Rural "Cransportation Plan and the Danville-Pittsylvania Long Range Transportation Plan; and WHEREAS, Joan tlullett has been the regional contact person with the Economic Development Administration (EDA) since the inception of the West Piedmont Planning District Commission as an Economic Development District in 1992; and WHEREAS, Joan Hullett has been the leader in developing the Planning District Commission's annual Comprehensive Economic Development Strategy that is essential for localities to be able to receive EDA grants and has been responsible for developing pre-applications and applications on behalf of localities applying for EDA grants with professionalism and a high degree of success; and WHEREAS, Joan Hullett has developed successful funding applications for a number of very important local projects including the Mid-Atlantic Broadband fiber optic network, the Dan River Business Development Center, the Danville-Pittsylvania County Cyber Park and Cane Creek Centre, and other economic development projects throughout Pittsylvania County and the region; and WHEREAS, Joan Mullett has performed admirably as the Deputy Director of the West Piedmont Planning District Commission by supporting the Executive Director, the Board of Commissioners, and the staff with wisdom, hard work, steadfastness and caring throughout her years of service; and has served as a model of effective public service to all the people she worked with and inspired others through her f ine example of cotnpe[ence and compassion and improved the quality of life in Pittsylvania County and surrounding localities; then Regular Meeting June 6, 201 I THEREFORE, BE IT HEREBY RESOLVED, on the behalf of the citizens of Pittsylvania County, the [3oard of Supervisors would like to express their sincere gratitude to Joan Hullett for her distinguished service as Deputy Director of the West Piedmont Planning District Commission and wish her the best in her retirement and BE IT FURTHER RESOLOVED that a copy of this resolution be presented to Joan Hullen. Public Hearings Proposed Amendment to the Pittsylvania County Code, Chapter 21-Water & Sewer Mr. Barber opened the public hearing at 7:lOpm. Mr. Sleeper stated that Chapter 21 establishes the Pittsylvania County Service Authority and their guidelines, service area and tees. Mr. Sleeper explained that the Pittsylvania County Service Authority has gone through a number of changes over the years since Chapter 2l was established in February 1973, along with various agreements executed between the City of Danville and Pittsylvania County as well as a number of activities with the Towns of Chatham, Gretna and Hurt concerning utility services from those Towns. Because of these collective activities, a number of items in the original ordinance were out dated and out of place. No one signed up to speak and Mr. Barber closed the public hearing at 7:1 lpm. Motion was made by Mr. F."cker to approve changes to Chapter 21 of the Pittsylvania County Code as advertised and to note that both he and Mr. I-[arville were members of the Pittsylvania County Service Authority and had no interests one way or the other concerning the recodifcation of Chapter 21. Mr. Davis seconded Mr. Ecker's motion on approving the revisions to Chapter 21. "fhe following roll call vote was recorded: Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett- Yes; Mc Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. Amendment to the Pittsylvania County Code, Chapter 6-3, 'l'ax Exemption -Gretna Little Theatre, Inc. of Gretna, Virginia Mr. Barber opened the public hearing at 7:14pm. Mr. Sleeper explained that the Gretna Little Theatre, Inc. of Gretna, Virginia is a 501(c)(3) non-profit organization and that the theatre has an opinion from the Internal Revenue Service of the U.S. Department of Treasury designating them as an organization exempt tinder 501(c)(3) of the Internal Revenue Code. The Gretna Little Theatre, Inc has requested to be exempt from property taxes that currently total $133.00 annually, which would amend §6-6.3 of the Pittsylvania County Code, thus listing them exempt from future taxes on property located at l Ol North Main Street, Gretna, Virginia. No one signed up to speak and Mr. Barber closed the public hearing at 7:14pm. Motion was made by Mr. Ingram, seconded by Mr. Ecker, to appmve amending $6-6.3 of the Pittsylvania County Code, and approve Gretna Little Theatre, Inc.'s request for tax exemption of property located at 101 North Main Street, Gretna, Virginia. 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. Ingram's motion was unanimously approved by the Board. Unfinished Business At the May 17, 2011 regular meeting of the Board of Supervisors, motion was made by Mr. Snead, seconded by Mr. Harville, to approve an appropriation of $8,000.00 to Central Accounting to insure a positive year-end balance. This motion required a 10-day layover which had now been met. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram- Yes, Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Sncad's motion was unanimously approved by the Board. Regular Meeting June 6, 2011 At the May 17, 2011 regular meeting of the Board of Supervisors, motion was made by Mr. Snead, seconded by Mr. Ingram, to approve a supplement of $94,000.00 from unappropriated surplus to the Olde Dominion Agricultural Complex Water & Sanitary Sewer Project to complete this project, which required a l0-day layover that had now been met. The following roll call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yea; and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by the Board. New Business Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve Resolution 201 1- 06-02 from the Virginia Department of Transportation concerning portions of old roads, abandonments and additions of those roads required for Project No. 6058-071-E]5, C-501; the U.S. 58 Bypass in Pittsylvania County, authorize the Chairman to sign on behalf of the County, and for the County Administrator to submit all necessary documentation concerning this Resolution for Additions and Abandonments to the Virginia Department of "transportation. Mr. Harville's motion was unanimously approved by the Board. The Board of Supervisors of Pittsylvania County. in [hc regular meeting on the (ih day of June. 201 I adopted the tiillotving: RGSOLU"PION 2011-06-02 \'.'HEREAS, the Virginia Department of'Franspnrtation has provided this Board with a sketch dated September 27, 21107 depicting the additions and abandonments required in the secondary system of state highways as a result of Project 605R-071-E i 5. C-SU 1 which sketch is hereby incorporated hu~ein by relcrencr. WHEREAS. the new road sen•es the same citizens as those portions of old road identified to be abandoned and those segments no longer serve a public need. and NOW, THEREFORE. BE IT RESOLVED, this Board abandons as pmt of the swondary system ot'state highways those potions of road identified by the sketch to be abandoned, pursuant in X33.1-I55. Code of Virginia, and BE IT FURTHER RESOLVED, this Beard requests the Virginia Department of Transportation to add to [he secondary system o(state highways those portions of road identified by the sketch to be added, pursuant to X33.1-'29, Cade of Virginia, and BF IT EUR"hHER RESOLVED, that a certified copy of this resolution be ibrtvarded to the Area Land Use Engineer fbr the Virginia Department of Tr:msportatio Recorded Vote A Copy Tesic Moved By: Coy E. Harville Signed: ! ~/f Fred M. Lngram , i William D. Slee er Seconded Bv: I rioted Name: P Peas: 7 Title: County Adm ni c Nays: 0 Motion came from the Solid Waste Committee to appropriate frotn unappropriated funds from the next year 2011/2012 budget $40,000.00 for necessary repairs to the Callahan's I-Iill compactor site. This motion required a 10-day layover. Regular Meeting June 6, 201 I Motion came from the Computer/Radio/Telecommunications Committee to approve the Virginia Master Service Agreement VA040801-VERV and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to have the County Administrator meet with the City Manager of Danville to discuss the draft Proposal to Manage the Dan River Small Business Development Center, including a proposed Service Agreement between the City of Danville and Pittsylvania County for the Dan River Small Business Development Center, and then; refer developments from that joint meeting to the Finance Committee for review, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mc I-larville, to reappropriate the following funds: $135 to Sheriff-Wrecker Service (100-4-031200-3170), $816.23 to Sheriff-Parts (100-4- 031200-6030), $233.25 to the Fire &Rescue-United Way Contribution (100-4-032200-5667), $392.31 to Extradition (1 00-4-03 3 1 00-5 5 5 0), $125 to BBcG-Training & Education (100-4- 043 1 00-5 5401, $21,098.03 to W[A-Rent (25 1-4-3 5 3 1 60-5420). This motion required a 10-day layover. Motion was made by Mr. Harville, seconded by Mr. Snead, to appropriate $40,000 to the "T'reasurer's Office that the DMV Stop Fees can be paid to the Division of Motor Vehicles (DMV) for F'Y2010-2011. This motion required a 10-day layover. Motion was made by Mr. Harville, seconded by Mr. Snead to approve an engineering contract with Dewberry of Danville in the amount of $1,296,770.00 for engineering services for a water master plan for the mega park on Berry 1-fill Road, appropriate the payment from appropriated funds in the 2011-2012 budget beginning July 1, 2011, and to authorize the County Administrator to sign all necessary correspondence and documentation to carry out this grant from the "Tobacco Commission. The following roll call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. Added items/Appointments Motion was made by Mr. Davis, seconded by Mr. Harville, to re-appoint Cathy Liles to the Danville Community College Board of Directors, which was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mr. Ecker, to appoint the Honorable Coy I-larville to the Fire/Rescue Medical Service Advisory Committee (EMAC) as the Board of Supervisor representative, which was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Snead, to appoint Ms. Eloise Nenon to the Southern Area on Aging Board as representative from Pittsylvania County, which was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. Snead, to appoint Ms. Eloise Nenon to the Yittsylvauia County Library Board as representative for the Chatham-Blairs District, which was unanimously approved by the Board. Closed Meetin¢ Motion was made by Mr. Davis, seconded by Mr. Snead to enter into Closed Meeting for the following reason: Regular Meeting June 6, 201 I Closed Mccting-Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probably 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: §2.2-371 I (A) (7), Code of Virginia, 1950, as amended; Subject Matter. Draft Memorandum of Understanding-Appalachian Power Company and Tri-County Lake Administrative Commission; Purpose: Briefing on Petition and Negotiation by Legal Counsel. Mr. Davis's motion was unanimously approved by the Board. Closed Meeting began at 7:43pm. Motion was made by Mr. Snead, seconded by Mr. Davis, to reconvene into Open Meeting which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUYERV[SORS CERTIFY CLOSED MEETING BE IT RESOLVF,D that at the Adjourned Meeting of the PiUSylvania County Board of Supervisors on June 6, 201 I, 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 requirctnents of the Code, he shall so state prior to the vote indicating the substance of the departure. "fhe statement shalt be recorded in the minutes of the Board. Vote Coy E. I-larville Ycs Marshall A. Eckcr Ycs "fim R. Barber Ycs James Snead Yes Williams H. Pritchett Ycs Fred M. Ingram Ycs Eienry A. Davis, Jr. Yes Certification was unanimous and Open Session reconvened at 7:54pm Adiournmcnt Motion was made by Mr. Snead, seconded by Mr. Davis, to adjourn, which was unanimously approved by the Board. 'fhe meeting adjourned at 7:SSpm.