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07-19-2011 BOS Adjourned MeetingAdjourned Meeting July 19, 2011 Pittsylvania County Board of Supervisors Tuesday, July 19, 2011 Adjourned Meeting VIRGINIA: The adjourned meeting of the Pittsylvania County Board of Supervisors was held on "Tuesday, July 19, 2011 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Vice-Chairman, called the meeting to order at 7:05 p.m. The following members were present: fim Barber James Snead William H. Pritchett Coy E. I-[arville Fred M. Ingram Marshall Ecker I-Ienry A. 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. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odic Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Pritchett gave the invocation and led the Pledge of Allegiance. Motion was made by Mr. Davis, seconded by Mr. Snead, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens Ms. Karen Maute of the Westover District asked questions about hLmting leases at the Mega Park, questioned if the County's Zoning Ordinance was adhered to, if the Regional Industrial Facility Authority (RIFA) signs the leases, if a Special Use Permit would be necessary and questioned the leases complying with Virginia State Code. Ms. Barbara I-Iudson of the Callands-Gretna District made comments concerning the comments made at the last Board meeting. Lt. Col. Ronnie Simpson of the Pittsylvania County Sheriffs Department urged the Board to renew the inmate jail contract with the Blue Ridge Regional Jail. Ms. Nancy Smith of the Tunstall District made comments on the lack of respect shown by Board members at previous meetings and her displeasure at there not being support for asking to have new benchmark testing prior to any more drilling. Mr. George Stanhope of the Callands-Gretna District made comments concerning the comparison oP results from previous water reports from well water testing in the Coles Hill area and did not agree with the lack of support in asking to have new benchmark testing prior to any more drilling. Mr. Louie Wyatt of the Chatham-Blairs District also made comments concerning some comments made at previous board meetings. This concluded the Hearing of the Citizens Consent Agenda (a) Resolution 201 1-07-03-Tunstall High School Girls Soccer Team - Piedmont District Championship Adjourned Meeting July 19, 201 I (b) Request for Out of State Travel (c) Regional One -August 201 I (cO Music Festival Permit-Tomahawk Mills Winery (e) Jail Contract (/) Dental Renewal Motion was made by Mc Snead, seconded by Mr. ticker, to approve the Consent Agenda, which was unanimously approved by the Board. Mr. Barber, Mr. I-larville and Mr. Davis presented Resolution 201 1-07-03 to Coach Marc Parrish and the Tunstall High School Girls Soccer "Ceam, congratulating them on their exemplary season. PITTSYLVANIA COUNTY 130ARD OF SUPERVISORS RESOLU'CION 2011-07-03 VIRGINIA: A[ [hc adjourned meeting of the Pittsylvania County Board of Supervisors held on "fuesday, July 19, 2011, the following resolution was presented and adopted congratulating the "Tunstall Lady Trojans 201 I high School Soccer "Team on its winning season and the winning of the Piedmont District Soccer Championship. WHEREAS, [he 201 I "funstall Lady "Trojans I-Iigh School Soccer Team has had an undefeated regular season; and WHEREAS, the 'Tunstall Lady Trojans High School Soccer "Team, after completing a winning season, wan the regular season Piedmont District Championship and moved on to become the Piedmont District Tournament Finalist and then semi-tutalist in the Region IV Tournament; and WHF,REAS, the "funstall Lady Trojans I-Iigh School Soccer Team had 5 players selected For the All District 1" Team, 5 players selected for the All District 2"'' "team, 3 players selected for the All Region IV I"Team, 1 player selected for the All Region IV 2"~ Team, I player selected for All Region IV I Ionorable Mention and 3 players selected for All State Tlonurable Mention; and WHEREAS, the 'funstall Lady Trojmis Soccer "team had a team scoring record for the season with 66 goals, led the Piedmont District 201 l season with 18 goals and had only 2 goals allowed by all their opponents combined for the entire season; and WHEREAS, the "funstall Lady 'T'rojans Soccer "I'cam set Virginia high School League Records for the 2011 season in 4'h all time Team Defensive Record Shutouts, Goals Allowed in the 20-game season, and Goalkeeper Jordan Moorefield ranked 3"' all time in the State for Goal Shutouts; and WIIF.REAS,'funstall Lady 'T'rojans coach, Marc Parrish received the Coach of the Year award for the Piedmont District, and teammates Courtney Mustain and Lauren Dafin were named Piedmont District Co-Players for 201 I; and WHEREAS, the Tunstall Lady Trojans exhibited exemplary sportsmanship and talent throughout their season, bringing home to 'funstall High School the Piedmont District Girls Soccer Championship, performed admirably with their winning season not only to themselves, but to their school and [o their County and its citizens; [hen BE lT HEREBY RESOLVEll, that the Pittsylvania County Board of Supervisors, on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration and Adjourned Meeting July 19, 201 I congratulations to the Tunstall Lady "frojans Soccer Team of 20I I for their remarkable year and winning season, and for bringing Tunstall High School the Piedmont District Girls Soccer Championship title; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Coach and Members of the 201 I Tunstall L.ady'I'rojans High School Soccer Temn. Public Hcarines Rezoning Cases Case 7: Danville-Pittsylvania Regional Industrial Facility Authority -Tunstall & Westover Districts: R-11-027 (A-/, Agricu//nrn/ District, R-1, Resirlerrtin/ Snhurhnrr Strbr/ivision District & M-l, Inr/rrstrin! District, Light /nrlrrstry to M-2, brdnstritrl District, Herrvy /ndnslrv) Mr. 13arbcr opened the hearing at 7:28pm. Mr. Greg Sides represented the case and explained the Danville-Pittsylvania Regional Industrial Facility Authority had petitioned to rezone a total of 3,528.65 acres, twelve (12) parcels, located on State Road 863/Berry Hill Road, State Road 621/Ed Hardy Road, State Road 862/Oak hill Road, State Road 875/Horseshoe Road and State Road 880/Stateline Bridge Road in the "funstall and Westover Election Districts. "fhe applicant is requesting to rezone the 3,528.65 acres to M-2, Industrial District, Fleavy Industry for large economic development projects permitted in a heavy industrial district. The Planning Commission, with opposition, recommended granting the petitioner's request. Mr. Sides also stated that supplemental information was given that contained the following: 1. A letter from the Director of Code Compliance waiving the requirement of a Site Development Plan, for rezoning purposes only, as authorized by Sec. 35-773. 2. A Resolution from the Pittsylvania County Board of Supervisors requesting that the RIPA Board include in the Covenants for the Mega Park a restriction of "no mining or milling operations". The Restrictive Covenants cannot be developed until the overall project Master Plan is completed and accepted. 3. A letter from the Virginia Economic Development Partnership supporting the rezoning of the Mega Park to M-2, Industrial District; Heavy Industry. 4. A letter from R[FA's certification consultant, McCallum Sweeny Consulting, supporting the rezoning of the Mega Park to M-2, Industrial District, I [eavy Industry. 1'he first person signed up to speak was Ms. Karen Maute who requested postponing the public hearing until talking with State legislators concerning how this related to certain State codes and until the Restrictive Covenants could be presented at a public hearing, feeling that RIFA's application to rezone was incomplete at the current time. "Che last person to speak was Mr. Neal Morris who was in favor of rezoning the property at this meeting and commended the Board of Supervisors, Danville City Council and RIFA for making this park happen. Mr. Morris then asked the people in the audience who were in favor of the rezoning and the development of the Mega Park to stand, noting that several people were in favor. Mr. Barber closed the public hearing at 7:34pm. Motion was made by Mr. liarville, seconded by Mr. Snead, to rezoning Case R-11-027 from A-l, Agricultural District, R-l, Residential Suburban Subdivision District & M- I, Industrial District, Light Industry to M-2, Industrial District, Heavy Industry. Mr. Harville, Mr. Davis and Mr. Ingram then declared that they held no personal interest that would be affected by the rezoning of this property and that per the opinion of the Commonwealth Attorney's office; it was not a conflict of interest for them to vote on matters concerning the Mega Park while also serving on the RIFA Board. The following Roll Call Vote was recorded: Mc Ingram-Yes; Mc I-Iarvillc-Yes; Mr. Esker-Yes; Mc Davis-Yes; Mr. Snead-Yes; Mr. Adjourned Meeting July 19, 201 I Pritchett-Yes; and Mr. Barber-Yes. "fhe Board unanimously approved Mr. I[arville's motion to rezone Case R-11-027 to M-2. Case L H. Wayne Yeatts & Patricia ll. Yeatts -Banister District; R-11-028 (R-/, Res/rlential Suburhrrn Srrbdivis/on District to A-/, Agricultural District) Mr. Barber opened the hearing at 7:40pm. Mr. Shelton stated that H. Wayne Yeatts and Patricia D. Yeatts had petitioned to rezone 14.49 acres, located off State Road 685/ Chalk Level Road. in the Banister Election District from E2-I, Residential Suburban Subdivision District to A-I, Agricultural District (ro combine u~i[h GP/N #2136-03--1690 for crgric:chural :rse) The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Yeatts was present to represent the case. No one signed up to speak concerning this case. Mr. Barber closed the hearing at 7:40pm. Motion was made by Mr. Pritchett, seconded by Mc Snead, to rezone Case R-11-028 fi•om R-l, Residential Suburban Subdivision 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. l3arber stated the petition to rezone Case R-l 1-028 from R-1 to A-1 had been approved. Case 2: Walter ll. Osborne -Callands-Cretna District; R-11-029 (RI, Residential Suburhnn Subd/vlsior: District to A-l, Agr/cultural District) Mr. Barber opened the public hearing at 7:41 pm. Mr. Shelton stated that Walter Osborne had petitioned to rezone a total of 4.16 acres, two parcels of land, located on State Road 1080Belair Road, in the Callands-Gretna Election District from R-I, Residential Suburban Subdivision District to A-l, Agricultural District (irt order to combine wi[h par[ of GP/N # 2429-41-4522 (0.425 acre, per plat) zonec/A-/for cr righ[-of-u~qv [o [he creek). "I•he Planning Commission, with no opposition recommended granting the petitioner's request. Donna McBride was present to represent the case. No one signed up to speak and Mr. Barber closed the hearing at 7:42pm. Motion was made by Mr. Ingram, seconded by Mr. Harville to approve rezoning Casc R-11-029 from R-1, Residential Suburban Subdivision District to A-I, Agricultural District "fhe following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. L'cker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes and Mr. Barber-Yes. Mr. l3arber stated the petition to rezone Case R-11-029 from R-I to A-1 had been approved. Case 3: Shelton Living Trust, Stover C. Shelton- Callands-Gretna District; R-11-030 (fl-/, Agr/errlhaal District to K-/, Res/dentinl Srrburbnn Subdivision District) Mr. Barber opened the hearing at 7:44pm. Mr. Shelton stated Stover and Margaret Shelton had petitioned to rezone a portion of 126.12 acres from A-I, Agricultural District to R-l, Residential Suburban Subdivision District (to be combined with GPIN # 1497-49-2799) "fhe portion to be rezoned is 0.225 acre (per plat), located on State Road 799/Climax Road, in the Callands-Gretna Election District. "fhe Planning Commission, with no opposition, recommended granting the petitioners' request Mr. Shelton was present to represent the petition and no one had signed up to speak. Mr. Barber closed the public hearing at 7:45pm. Mr. Davis declared he had a conflict of interest in this case as he represented Mr. Shelton and would abstain from voting. Motion was made by Mr. Ingram, seconded by Mr. Harville, to rezone Case R-11-030 from A-1, Agricultural District to R-I, Residential Suburban Subdivision District. The following roll call vote was recorded: Mr. Ecker-Yes; Mr. Davis-Abstain; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram- Yes; Mr. Harville-Yes and Mr. l3arber-Yes. Mr. l3arber stated the petition to rezone Case 8-11- 030 from A-I to R-I had been approved. Adjourned Meeting July l9, 2011 This concluded the public hearings Unfinished Business At the July 5, 2011 Board meeting, motion was made by Mr. Ecker, seconded by Mr. I-Iarville, for a re-appropriation of funds as follows: $99.00 to Sheriff-Computer Supplies (100-4- 03 1 200-062 1), $969.00 to Sheriff-Parts (100-4-031200-6030), $671.20 to Sheriff-Labor(100-4- 03 1 200-063 1), $3,445.97 to Sheriff-Capital Outlay-Vehicle (100-4-031200-8105), $0,967.19 to Jail -Professional Health Services (1 00-4-03 3 1 00-3 1 1 0), $12.00 to Economic Development - Travel (100-4-082510-5500), $15,574.27 to WIA-Rent (25 1-4-033 1 60-5420) which required s 10-day layover that had been met and the following roll call vote was recorded: Mr. Ingram- Yes; Mr. Flarville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes and Mc Barber-Yes. Mr. Eckers motion was unanimously approved by the Board. At the July 5, 2011 Board meeting, motion was made by Mr. Davis, seconded by Mr. Ecker to amend the library's budget and appropriate $1,180.82 to the telephone line item (100-4- 073100-5230) and approve a transfer and appropriation of $5,167.78 to the Library Construction Fund (Fund 310), which required a 10-day layover that had been met. Mr. Davis amended his motion to change the appropriation oP the $5,167.78 from the Library Construction Fund to Books line item (100-4-073100-601200), which was seconded by Mr. F..cker. The following roll call vote was recorded: Mr. I-Iarville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes and Mr. Barber-Yes. Mr. Davis's motion was unanimously approved by the Board. Because he has a conflict of interest (due to owning a business in the Brosville Industrial Park), Mr. Barber relinquished the chair to Mr. Snead. Motion was made by Mr. Flarville, seconded by Mr. Ecker, to approve a Performance Agreement between Wilkins Realty, LLC and the Pittsylvania County Board of Supervisors, and authorize the County Administrator to sign all necessary documentation on behalf oP the Board of Supervisors, which was unanimously approved by the Board with the exception of Mr. Barber, who abstained from voting. Mr. Snead then relinquished the chair back to Mr. Barber New Business Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve to continue to fund 100% of the KeyCare 1000 insurance plan for all enrolled employees at an increased cost of $56,856.00 and to transfer the remaining fund balance towards the E911 upgrades. A substitute motion was made by Mr. Ecker, seconded by Mr. Davis, to approve to continue to fund 100% of the KeyCare 1000 insurance plan for all enrolled employees at an increased cost of $56,856.00 and to keep the remaining balance of funds in their current line item in the event additional employees join the insurance plan during the FY2012 year, insuring availability of funds to cover that potential cost. Mr. Ecker s motion was unanimously approved by the Board. Motion came from the Finance Committee to authorize Federal Engineering, the current consultants in the E911 upgrades to file with the Federal Communications Commission for a waiver of the January 1, 2013 deadline in accordance with the guidelines in Public Notice DA- 11-1189, which was unanimously approved by the Board. Motion came from the Finance Committee to leave the approved FY2012 budget as is and not appropriate any funding to the Southern Area Agency of Aging, which was unanimously approved by the Board. Adjourned Meeting July I9, 201 l Motion was made by Mr. Snead, seconded by Mr. Pritchett, to lift the hiring freeze and authorize the advertisement and hiring of an E9l I Dispatcher, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mc Harville, to lift the hiring Freeze to authorize the advertisement and hiring of a building inspector, which was unanimously approved by the Board. Motion was made by Mr. Farville, seconded by Mr. Ingram, to approve the Virginia Juvenile Community Crime Control Act Contract for Services with Wentz Enterprises, and following the approval of Legal Counsel, authorize the Cotmty Administrator to sign all necessary documentation on the behalf oP the Board of Supervisors, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve and appropriate $8,198.48 for fuel reimbursement to Altavista EMS and appropriate a total of $10,000 ($5,000 for FY 2011 and $5,000 for FY 2012) lar block funding for Altavista GMS, the appropriation total being $18,198.48. This motion required a l0-clay layover. Motion was made by Mr. Ingram, seconded by Mr. Snead, to set a public hearing for August 16, 2011 to receive citizen input on budget amendments for the FY 2010/2011 budget, which was unanimously approved by the Board. Motion was made by Mc Snead, seconded by Mr. Pritchett, to set a public hearing for August 16, 2011 to receive citizen input on budget amendments for the FY 2011/2012 budget, which was unanimously approved by the Board. Motion was made by Mr. Davis, seconded by Mr. [-Iarville, to set a public hearing for August 16, 2011 to receive citizen input on proposed amendments to Chapter 36 of the Pittsylvania County Code to allow for recreational gate lees for the Department of Parks and Recreation, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mc Pritchett, to send a proposed zoning ordinance change to the Pittsylvania Cotmty Planning Commission, requiring them to hold the necessary public hearings to recommend proposed Section 35-720, Condominium Conversion, recommended by legal counsel, to establish this special use permit, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Pritchett, to set a public hearing for August 16, 2011 to receive citizen input on proposed amendments to Section 6-6.3 of the Pittsylvania County Code that would grant a waiver of personal property tax on two vehicles owned by the White Oak Outreach Center, which was unanimously approved by the Board. Annointmcnts Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the re- appointment of Mr. Ronald E. Merricks to represent the Dan River District on the Danville- Adjourned Meeting July 19, 201 I Pittsylvania Community Services Board of Directors with a term date effective July 1, 201 l-June 30, 2014, which was unanimously approved by the Board. Motion was made by Mr. Ingram, seconded by Mc Flarville, to re-appoint Joyce "Derry as the representative for the Town of Gretna, to the Pittsylvania County Library Board of "trustees; her term becoming effective as of July 2, 2011 until June 30, 3015, which was unanimously approved by the Board. Closed Session Motion was made by Mr. Davis, seconded by Mr. Snead, to go into Closed Session for the purpose of: Discussion concerning a prospective business or industry or the expansion of the existing business or industry, where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Authority: §2.2-3711 (A) (5) of the Codc of Virginia, 1950, as amended Subject Matter: Industry 12010-01-03 Purpose: Discussion of industrial prospect Mc Davis's motion was unanimously approved by the Board and the Board entered Closed Session at 8:20pm. Motion was made by Mr. Davis, seconded by Mr. Snead, to re-enter Open Session, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVIS012S CERTIFY CLOSEll MEETING BF, 1'C RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on July 19, 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 [nformation Act and identified in the motion authorizing he 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 [-Icnry A. Davis, Jr. Yes James H. Snead Yes William H. Pritchett Yes Fred M. Ingram Yes "tim R. Barber Yes The Board re-entered open session at 9:OSpm. Reports from Board Members Mr. Snead reminded everyone of the State of the Region Breakfast. Mc Ecker asked that the Bill List be made available online For both the public and the Board and not included in the Board Packet, and that commendation be sent to E911 employees on helping with the Halifax tornado. Adjourned Meeting July 19, 201 I Reports from the County Administrator Mr. Sleeper reminded everyone there would be a Y2 day meeting on July 20, 2011 beginning lpm -Spm and a Rill day on July 21, 20] 1 from Sam - Spm of the Computer/Radio/Telecommunications Committee, which would be a closed meeting concerning interviews with vendors for equipment need for the upgrade project to the E911 tower and communication system Adjournment Motion was made by Mr. Davis, seconded by Mr. Ecker, to adjourn which was unanimously approved by the Board with the exception of Mr. Davis who was absent. The meeting adjourned at 9:16pm.