Loading...
08-16-2011 Adjourned MeetingAdjourned Meeting August 16, 2011 Pittsylvania County Board of Supervisors Tuesday, August 16, 2011 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, August 16, 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 7:03p.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 Marshall Ecker Staunton River District Henry A. “Hank” Davis, Jr. Chatham-Blairs District Fred M. Ingram Callands-Gretna District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Greg L. Sides, Assistant County Administrator, Odie H. Shelton, Jr., Director of Code Compliance, Kim Van Der Hyde, Director of Finance, Ken Bowman, Director of Economic Development, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Pritchett gave invocation, which was followed by a short invocation by Mr. Davis, Mr. Snead, Mr. Ingram, Mr. Harville, Mr. Ecker and Mr. Barber. Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve the agenda, with the addition of three (3) additional Closed Meeting Items; (a) Closed Session: Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable 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: Comprehensive Services Act Audit Purpose: Briefing on Litigation Status (b) Closed Session: Discussion concerning a prospective business or industry or the expansion of an 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 Code of Virginia, 1950, as amended Subject Matter: Industry #i2010-01-03 Purpose: Discussion of incentives (c) Closed Session: Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable 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: Nancy B. Smith, et al. v. Pittsylvania County Board of Supervisors & Danville-Pittsylvania County Regional Industrial Facility Authority Purpose: Briefing on Litigation Status Adjourned Meeting August 16, 2011 Mr. Ingram’s motion was unanimously approved by the Board. Letters of Commendation were read by Mr. Sleeper for Mr. Jim Davis, Director of Emergency Management for Pittsylvania County, Devon Taylor of the Pittsylvania County Sheriff’s Office, and Mr. Eddie Walker, member of the Pittsylvania County CERT for their outstanding performance above and beyond the call of duty by performing support services to the County of Halifax during their tornado disaster of April 27, 2011. A motion was then made by Mr. Harville, seconded by Mr. Snead, approving the letter and requesting the original letters be mounted on a plaque and presented to Mr. Davis, Mr. Taylor and Mr. Walker. Hearing of the Citizens Mr. George Stanhope of the Callands-Gretna District made comments concerning his opinion of how the Board of Supervisors follow rules and regulations, comments on whether or not all guidelines had been following on citizens pledging to hook onto the Ferry Road Waterline and whether 51% of the people on the road had told the Service Authority they were going to hookup, and closed by making comments on Mr. Sleeper’s ability to guide the Board in law- abiding decision-making. This concluded the Hearing of the Citizens. Consent Agenda (a) Letters of Commendation (b) Regional One – September (c) National Night Out Appropriation c) National Night Out Appropriation (d) Work Force Investment Act Incentive Appropriation (e) Court Reporter Appropriation (f) Proclamation – 2011 National Preparedness Month Motion was made by Mr. Ingram seconded by Mr. Harville, to approve the Consent Agenda, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION by Virtue of the authority vested by the Constitution in the Governor of the Commonwealth of Virginia, there is hereby officially recognized: NATIONAL PREPAREDNESS MONTH WHEREAS, September is National Preparedness Month, a time set aside to encourage Americans to take simple steps to prepare for emergencies in their homes, businesses, and communities; and WHEREAS, this September mars the ten-year anniversary of the tragic terrorist attacks of 9/11, including a jet airplane crash into the Pentagon that killed 125 military and civilian public servants and 64 people on the plane; and WHEREAS, in observing this tenth anniversary of September 11, 2001, we honor the memory of those who were lost by doing all we can to ensure that our Virginia communities are prepared to respond and recover from all types of disasters and hazards; and Adjourned Meeting August 16, 2011 WHEREAS, those who are prepared for emergencies recover faster and can help others who also may be affected, demonstrating community spirit in the face of adversity; and WHEREAS, emergency preparedness is a shared responsibility, and every family that is able should prepare to be self-sufficient for the first 72 hours after disaster strikes; and WHEREAS, Virginia families can start their preparedness actions by making an emergency plan and stocking at least three days’ of essential supplies including water and food that won’t spoil and a hand-crank or battery-powered radio and extra batteries to hear emergency information; and NOW, THEREFORE, as designated by Governor Robert F. McDonnell, the Pittsylvania County Board of Supervisors do hereby recognize September 2011 as NATIONAL PREAPREDNESS MONTH in our COMMONWEALTH OF VIRGINIA, and they encourage all citizens to be ready by taking steps to prepare for emergencies at home, at work and in communities of Pittsylvania County. Public Hearing Rezoning Cases Case 1: Riceville Wildlife Management, Inc.-Banister District: R-11-031 Mr. Barber opened the public hearing at 7:16am. Mr. Shelton explained that the Riceville Wildlife Management, Inc., had petitioned to rezone 2.54 acres located off SR 702/McDaniel Road, in the Banister Election District from R-1, Residential Suburban Subdivision District to A- 1, Agricultural District (for construction of a 24x32 building to be used for a hunting clubhouse and a storage building). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Kenneth Eades was there to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:17pm. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve the petitioner’s request to rezone the property from R-1 to A- 1. 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. Pritchett’s motion to rezone Case R-11-031 was unanimously approved by the Board. Case 2: Ruth W. Yarbrough and Others – Chatham-Blairs; R-11-032 Mr. Barber opened the public hearing at 7:18pm. Mr. Shelton explained that Ruth W. Yarbrough and Others had petitioned to rezone a total of 25.17 acres, three parcels, located on SR 838/Waller Lane, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for future subdivision of the properties for family members). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. Russell Waller was present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:20pm. Motion was made by Mr. Davis, seconded by Mr. Pritchett, to approve rezoning Case R-11-032 from A-1 to R-1. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram; and Mr. Barber-Yes. Mr. Davis’ motion to rezone Case R-11- 032 was unanimously approved by the Board. This ended the rezoning cases. Year-end amendments to the Pittsylvania County budget for fiscal year 2010-2011. Mr. Barber opened the public hearing at 7:21pm. Mr. Sleeper explained Budget amendments for 2010-2011 exceeded the 1% threshold covered under Section 15.2-2507 of the Code of Virginia, 1950 as amended. Therefore, the County properly advertised for a public hearing for citizen input. No one signed up to speak and Mr. Barber closed the hearing at 7:21pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the following amendments necessary to adjust the FY 2010/11 budget: Adjourned Meeting August 16, 2011 REVENUES Current Budgeted Revenues $ 189,745,751.23 Local Funds: 452,590.44 Unappropriated Surplus 27,073.03 (Amount needed to Cover Fire and Rescue and Building & Grounds budget deficits) Jail Commissions 28,171.86 (Telephone Commissions received on Jail Pay Phones) CSA-Local Portion 394,504.35 (Amount needed to reimburse Schools (CSA)) (Comprehensive Services Act) WIA -Local Donation 2,841.20 (Lucy P. Sale Donations received by WIA) (Workforce Investment Act) State Funds: 1,905,456.35 WIA-State Funds 624,782.98 (State Grants not previously appropriated) (Workforce Investment Act) CSA-State Portion 1,280,673.37 (Amount needed to reimburse Schools (CSA)) (Comprehensive Services Act) Proposed Amended Revenues $ 192,103,798.02 EXPENDITURES Current Budgeted Expenditures $ 189,745,751.23 General Government Expense: 55,244.89 Fire/Rescue 17,215.46 (Needed to Cover Over-expended Items) Jail-Telephone 28,171.86 (Needed to Cover Over-expended Jail Budget) Building & Grounds 9,857.57 (Needed to Cover Over-expended B&G Budget) Education Expense: 1,675,177.72 CSA Reimbursement 1,675,177.72 (Amount Paid by the Schools for CSA expenses) (Comprehensive Services Act) Grants 627,624.18 WIA Programs 627,624.18 (Grants/Donations not previously appropriated) (Workforce Investment Act) Proposed Amended Expenditures $ 192,103,798.02 The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram; Mr. Harville-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. Amendments to the Pittsylvania County budget for fiscal year 2011-2012. Mr. Barber opened the public hearing at 7:22pm. Mr. Sleeper explained that Budget amendments for 2011-2012 exceed the 1% threshold covered under Section 15.2-2507 of the Code of Virginia, 1950 as amended. Therefore, the County has lawfully held the required public hearing notices for citizen input. No one signed up to speak. A motion was made by Mr. Davis to continue the public hearing until the next board meeting on September 6, 2011 and to refer the expenditures to the Finance Committee, which should be scheduled to meet prior to the Board meeting on September 6, 2011. Mr. Davis’ motion was seconded by Mr. Ecker and unanimously approved by the Board. Mr. Harville stated the Finance Committee would meet at 5:00pm on September 6, 2011. Adjourned Meeting August 16, 2011 Amendments to Chapter 36 of the Pittsylvania County Code, to allow for recreational gate fees for the Department of Parks and Recreation. Mr. Barber opened the public hearing at 7:32pm. Mr. Sleeper explained one of the main operations of the youth sports which pays for the officials, maintenance of the fields and necessary electricity and other items related to the actual field or basketball activities is the gate fees. Since the Pittsylvania County Department of Parks and Recreation is a County department, it requires an ordinance that authorizes the collection of gate fees for recreational activities in Pittsylvania County. A proposed amendment to Chapter 36 relating to the recreational gate fees authorizing gate fees for the entry and attendance of any County Parks and Recreation run or sponsored event. It is necessary for this to be established in order to have authority for gate fees and recreational activities. No one signed up to speak and Mr. Barber closed the public hearing at 7:32pm. Motion was made by Mr. Davis, seconded by Mr. Snead, to approve the following proposed amendment; SEC. 36-5. RECREATION GATE FEES. A. The Board of Supervisors shall be expressly authorized, via resolution, to establish recreation gate fees for entry and attendance of any and all County Parks and Recreation-run, sponsored, or affiliated recreation games and contests within the County’s jurisdiction. A copy of the adopted fee schedule shall be posted in or at the recreational facility at points where such fees are to be collected. B. No person shall be permitted to attend or gain entry into any recreational game or contest described above for which fees are charged without first paying the fee. C. Fees may be suspended by order of the Board of Supervisors and/or the County Administrator or his/her designee, for good cause. D. No fees paid under paragraph A shall be refunded, without the express approval of the Board of Supervisors, the County Administrator or his designee, or the Director of Parks and Recreation or his designee. State law reference: Va. Code § 15.2-1806. 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. Barber-Yes. Mr. Davis’ motion was unanimously approved by the Board. Proposed Amendment to Chapter 6-6.3 of the Pittsylvania County Code for a proposed tax exempt status on personal property owned by the White Oak Grove Outreach Center Mr. Barber opened the public hearing at 7:36pm. Mr. Sleeper explained the White Oak Grove Outreach Center has a 501(C) 3 tax exempt status and the center is exempt from tax per Sec. 6- 6.3 of the Pittsylvania County Code (Board of Supervisor Meeting 12-19-2006). Presently, the White Oak Grove Outreach Center is requesting exemption for personal property tax for a 2007 Ford van and a 2010 Ford van used to transport people to and from the center. The Office of the Commissioner of Revenue states this would be a total of $805.80 of personal property tax to be exempt. (See Attached). A public hearing would be required to amend Sec. 6-6.3 of the Pittsylvania County Code to include this tax exemption for the White Oak Grove Outreach Center. No one signed up to speak and Mr. Barber closed the public hearing at 7:39pm. Mr. Davis and Mr. Barber declared they had a conflict of interest in this case as they serve of the White Oak Grove Outreach Center Board. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to amend Chapter 6-6.3 of the Pittsylvania County Code to include a tax waiver on the vehicles brought before the Board for this public hearing. The following Roll Call Vote was Adjourned Meeting August 16, 2011 recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Davis- Abstained, and Mr. Barber-Abstained. The voting Board had a unanimous vote of 5, and Mr. Davis and Mr. Barber abstained from voting due to a conflict of interest. This concluded the public hearings. New Business Recommendation came from the Sub-Committee of the Computer/Radio/Telecommunications Committee and comes to the committee after deliberation and discussion with proposers to RFP 11-02-01 and 11-02-02 700 MKZ Project 25. The selection committee made up of six staff members and two members of the full Committee represented the County during the review and evaluation process. The selection committee ranked the vendors based on RFP criteria in closed meeting. The selection committee negotiated a proposed contract with a vendor ranked first. A number of questions and issues have arisen recently that require additional investigation. Therefore, the Computer/Radio/Telecommunications Committee recommends to the Board of Supervisors that they postpone indefinitely any action on RFP 11-02-01 and 11-02-02 until these questions can be fully clarified. The Board unanimously approved the Committee’s recommendation. Motion was made by Mr. Harville, seconded by Mr. Davis, to approve a hiring freeze waiver to replace a landfill operator and a landfill welder, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the following categorical transfers to the School Board’s 2010/11 budget. Instruction (690,185.35) Attendance/Health Services ( 77,505.75) Pupil Transportation ( 58,701.67) Operation & Maint 398,815.54 Non-Instruction 309,002.52 Technology 118,574.71 Net Change -0- This motion required a 10-day layover. Motion was made by Mr. Harville, seconded by Mr. Ecker, to hold a public hearing concerning a proposed Drought Ordinance, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to appoint Ms. Kim Van Der Hyde as the parent representative for FY 2011/12 on the Danville-Pittsylvania Community Policy and Management Board, which was unanimously approved by the Board Closed Session Motion was made by Mr. Harville, seconded by Mr. Davis, to enter into Closed Meeting for the following: (a) Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable 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: Comprehensive Services Act Audit Adjourned Meeting August 16, 2011 Purpose: Briefing on Litigation Status (b) Discussion concerning a prospective business or industry or the expansion of an 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 Code of Virginia, 1950, as amended Subject Matter: Industry #i2010-01-03 Purpose: Discussion of incentives (c) Consultation with Legal Counsel and Briefings by Staff Members or Consultants pertaining to actual or probable 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: Nancy B. Smith, et al. v. Pittsylvania County Board of Supervisors & Danville-Pittsylvania County Regional Industrial Facility Authority Purpose: Briefing on Litigation Status (d) Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) of the Code of Virginia, 1950, as amended Subject Matter: Purchase of Real Estate Purpose: Negotiation Mr. Harville’s motion was unanimously approved by the Board and they went into Closed Session at 8:48pm. Motion was made by Mr. Snead, seconded by Mr. Davis, to return to Open Session, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on August 16, 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 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 Henry 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 8:58pm. Adjourned Meeting August 16, 2011 Motion was made by Mr. Harville, seconded by Mr. Snead, to a motion to permit Moral Obligation for outfitting the building in the Ringgold East Park, subject to Legal Counsel in agreement to the IDA as a third party, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve Resolution 2011-08- 02, accepting the Tobacco Regional Opportunity Fund Grant for the Ringgold East Industrial Park Shell Building in the amount of $100,000.00 for property improvements, which was unanimously approved by the board. Adjournment Motion was made by Mr. Snead, seconded by Mr. Davis, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:05pm.