09-06-2011 Regular MeetingRegular Meeting
September 6, 2011
Pittsylvania County Board of Supervisors
Tuesday, September 6, 2011
Regular Meeting
VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was
held on Tuesday, September 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 7:00
p.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
Fred M. Ingram Callands-Gretna District
Marshall Ecker Staunton River District
Henry A. Davis, Jr. Chatham-Blairs District
Mr. William D. Sleeper, County Administrator, Mr. Otis S. Hawker, Assistant County
Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County
Attorney, Mr. Ken Bowman, Director of Economic Development, and Ms. Rebecca Flippen,
Deputy Clerk to the Board, were also present.
Mr. Harville led the Pledge of Allegiance.
Approval of Agenda
Motion was made by Mr. Ingram, seconded by Mr. Ecker, to approve the agenda with the
following additions/deletions:
Additions:
(a) Resolution on Gate Fees
(b) Amendment to Lease Agreement between Pittsylvania County and the Town of
Chatham
(c) Bid Award- Chatham Library Roof
(d) Requests For Proposals – Engineering Services for Berry Hill Mega Park
Connector Road
(e) Ineroperable Emergency Communications Grant Program Appropriation
(f) Out of State Travel
(g) Amended Resolution – No Thru Trucks – Ringgold Road
(h) Revenue Sharing Agreement- Virginia Department of Transportation (VDOT);
Mega Park
(i) Resolution 2011-09-05; Policy Regarding Opening Invocations Before Meetings
of the Board of Supervisors of Pittsylvania County, Virginia
Deletion:
Item #15-Closed Session was struck from the agenda
Furthermore, the addition item (i) would be discussed after Hearing of the Citizens as
well and the removal of Item 3, Invocation, which would also be discusses after Hearing
of the Citizens.
Mr. Ingram’s motion was unanimously approved by the Board.
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September 6, 2011
Hearing of the Citizens
The following citizens spoke in support of the Board of Supervisors stand on prayer at
their meetings:
Virginia Senator Bill Stanley, 19th District; Virginia Delegates Daniel W. “Danny”
Marshall, III-14th District and Donald W. Merricks-16th District; Dr. Doug Barber, Pastor of the
Westover Baptist Church; Rev. Daniel Lackey, Pastor of the Faith Memorial Baptist Church;
Louie Wyatt; Chris Carter; Janet Mease; Samuel J. Swason, Jr., Commissioner of Revenue for
Pittsylvania County; Rev. Brian Edwards, Pastor of Blessed Hope Church; Bill Sawyers, Leon
Griffin; Rev. Edward Pope, Pastor of the White Oak Grove Missionary Baptist Church; Willie
Fitzgerald, President of the local chapter of the National Association for the Advancement of
Colored People (NAACP); and Mark Wilson.
Mr. Mark McMinnis, questioned the removal of an attendee prior to the meeting starting,
and the Board’s choice of using sectarian prayers.
This concluded the Hearing of the Citizens
Motion was made by Mr. Davis, seconded by Mr. Ecker, to adopt Resolution 2011-09-05,
Policy Regarding Open Invocations Before Meetings of the Board of Supervisors of Pittsylvania
County, Virginia, which was unanimously approved by the Board.
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WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (“Board of
Supervisors”), is an elected legislative and deliberative public body, serving the citizens of
Pittsylvania County, Virginia; and
WHEREAS, legislative bodies in America have long maintained a tradition of
solemnizing proceedings by allowing for an opening prayer before each meeting, for the benefit
and blessing of the Board of Supervisors; and
WHEREAS, the Board of Supervisors now desires to adopt this formal, written policy to
clarify and codify its invocation practices; and
WHEREAS, such prayer before deliberative public bodies has been consistently upheld
as constitutional by American courts, including the United States Supreme Court; and
WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme
Court rejected a challenge to the Nebraska Legislature’s practice of opening each day of its
sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, “The
opening of sessions of legislative and other deliberative public bodies with prayer is deeply
embedded in the history and tradition of this country. From colonial times through the founding
of the Republic and ever since, the practice of legislative prayer has coexisted with the principles
of disestablishment and religious freedom.” Id., at 786; and
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WHEREAS, the Supreme Court further held, “To invoke divine guidance on a public
body. . . is not, in these circumstances, an ‘establishment’ of religion or a step toward
establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people
of this country.” Id., at 792; and
WHEREAS, the Supreme Court affirmed in Lynch v. Donnelly, 465 U.S. 668 (1984),
“Our history is replete with official references to the value and invocation of Divine guidance in
deliberations and pronouncements of the Founding Fathers and contemporary leaders.” Id., at
675; and
WHEREAS, the Supreme Court further stated, “Those government acknowledgments of
religion serve, in the only ways reasonably possible in our culture, the legitimate secular
purposes of solemnizing public occasions, expressing confidence in the future, and encouraging
the recognition of what is worthy of appreciation in society. For that reason, and because of their
history and ubiquity, those practices are not understood as conveying government approval of
particular religious beliefs.” Id., at 693 (O’Connor, J., concurring); and
WHEREAS, the Supreme Court also famously observed in Zorach v. Clauson, 343 U.S.
306, (1952), “We are a religious people whose institutions presuppose a Supreme Being.” Id., at
313-14; and
WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States,
143 U.S. 457 (1892), that the American people have long followed a “custom of opening
sessions of all deliberative bodies and most conventions with prayer...,” Id., at 471; and
WHEREAS, the Supreme Court has determined, “The content of [such] prayer is not of
concern to judges where . . . there is no indication that the prayer opportunity has been exploited
to proselytize or advance any one, or to disparage any other, faith or belief.” Marsh, 463 U.S. at
794-795; and
WHEREAS, the Supreme Court also proclaimed that it should not be the job of the
courts or deliberative public bodies “to embark on a sensitive evaluation or to parse the content
of a particular prayer” offered before a deliberative public body. Id.; and
WHEREAS, the Supreme Court has counseled against the efforts of government
officials to affirmatively screen, censor, prescribe and/or proscribe the specific content of public
prayers offered by private speakers, as such government efforts would violate the First
Amendment rights of those speakers. See, e.g., Lee v. Weisman, 505 U.S. 577, 588-589 (1992);
and
WHEREAS, the Board of Supervisors intends to adopt a policy that does not proselytize
or advance any particular faith, or show any purposeful preference of one religious view to the
exclusion of others; and
WHEREAS, the Board of Supervisors recognizes its constitutional duty to interpret,
construe, and amend its policies and ordinances to comply with constitutional requirements as
they are announced; and
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WHEREAS, the Board of Supervisors accepts as binding the applicability of general
principles of law and all the rights and obligations afforded under the United States and Virginia
statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Pittsylvania County, Virginia, that it hereby adopts the following written policy regarding
opening invocations before meetings of the Board of Supervisors to wit:
1. In order to solemnize proceedings of the Board of Supervisors it is the policy of
the Board of Supervisors to allow for an invocation or prayer to be offered before its meetings
for the benefit of the Board of Supervisors.
2. The prayer shall not be listed or recognized as an agenda item for the meeting or
as part of the public business.
3. No member or employee of Pittsylvania County or the Board of Supervisors or
any other person in attendance at the meeting shall be required to participate in any prayer that is
offered.
4. The prayer shall be voluntarily delivered by a single member of the Board of
Supervisors, scheduled on a rotating basis among all Board of Supervisors members who
voluntarily choose to participate in the rotational list.
5. The designated member of the Board of Supervisors shall deliver the prayer or
invocation in his or her capacity as a private citizen, and according to the dictates of his or her
own conscience.
6. No guidelines or limitations shall be issued regarding an invocation’s content,
except that the Board of Supervisors shall request by the language of this policy that no prayer
should proselytize or advance any faith, or disparage the religious faith or non-religious views of
others.
7. No member of the Board of Supervisors shall receive supplemental compensation
of any kind for providing the prayer or invocation.
8. No member of the Board of Supervisors shall be scheduled to offer a prayer at
consecutive meetings of the Board of Supervisors or at more than four (4) Board of Supervisors
meetings in any calendar year.
9. No other member(s) of the Board of Supervisors shall engage in any prior inquiry,
review of, or involvement in, the content of any prayer to be offered by the scheduled member of
the Board of Supervisors.
10. Shortly before the opening gavel that officially begins the meeting and the
agenda/business of the public, the Chairperson of the Board of Supervisors shall introduce the
invocational speaker, and invite only those who wish to do so to stand for those observances of
and for the Board of Supervisors.
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11. This policy in not intended, and shall not be implemented or construed in any
way, to affiliate the Board of Supervisors with, nor express the Board of Supervisors’ preference
for, any faith or religious denomination. Rather, this policy is intended to acknowledge and
express the Board of Supervisors’ respect for the diversity of religious denominations and faiths
represented and practiced among the citizens of Pittsylvania County, Virginia.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this policy shall become
effective immediately upon adoption by the Board of Supervisors.
THUS INTRODUCED at the regular meeting of the Board of Supervisors of
Pittsylvania County, Virginia, on September 6, 2011.
For: 7
Against: 0
THUS ADOPTED at the regular meeting of the Board of Supervisors of Pittsylvania
County, Virginia, on September 6, 2011.
Consent Agenda
(a) Minutes: August 1, 2011 – Regular Meeting
August 16, 2011 – Adjourned Meeting
(b) Request for Out of State Travel
(c) Request for the Virginia Department of Transportation (VDOT) for Speed
Study on Mt. Tabor Road/SR 729
(d) Local Emergency Planning Committee (LEPC) Carryover
(e) Sheriff’s Concession Fund Carryover
(f) Project Lifesaver
(g) No Wake Buoy
(h) Resolution of Restoration of State Funding for Aid to Localities
(i) Drought Declaration Resolution
Motion was made by Mr. Ingram, seconded by Mr. Snead, to approve the Consent
Agenda, which was unanimously approved by the Board.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2011-09-01
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the
General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia
on Tuesday September 6, 2011, the following resolution was presented and adopted:
WHEREAS, Pittsylvania County has experienced an intense early to mid season drought
that encompassed the entire geographical area of the County and has significantly affected many
annual crops and most perennial crops including hay and pasture; and
WHEREAS, livestock watering has been affected with creeks drying, wells drying up
and report of one well collapsing, producers are reducing herd numbers and feeding hay, and
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weight gain decreases due to the severe nature of this drought and there is an increased incidence
of pink eye; and
WHEREAS, the loss of revenue due to these environmental factors has caused a
significant financial burden on the agricultural community in Pittsylvania County; and
WHEREAS, conservative figures estimates the following crop losses due to the
environmental conditions experienced thus far this year: corn (non-irrigated)-60%, soybeans-
45%, pasture-40%, hay land-40%; irrigated Burley Tobacco-15%; irrigated Flue Tobacco-20%;
non-irrigated Flue Tobacco-30%; Dark Fire Tobacco-15%; and Wheat-15% ; then
BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors
declare a disaster area in Pittsylvania County due to the extreme drought and petition the
Honorable Robert F. McDonnell, Governor of the Commonwealth of Virginia, to declare
Pittsylvania County a disaster area due to the extreme drought conditions in order to provide the
means for those affected to qualify for any available relief assistance; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be forward to the
Honorable Robert F. McDonnell, Governor of the Commonwealth of Virginia, respectfully
requesting that he forward this resolution to the U.S. Department of Agriculture on the behalf of
Pittsylvania County.
Pittsylvania County Board of Supervisors
RESOLUTION
2011-09-04
IN SUPPORT OF RESTORATION OF STATE FUNDING FOR AID TO
LOCALITIES
WHEREAS, state financial assistance for mandated and high priority programs, including public
education, health and human services, public safety and constitutional officers, is $800 million less in
FY2012 than it was in FY2009; and
WHEREAS, cities and counties in the Commonwealth of Virginia are struggling to balance their budget
in a difficult economic time in which future state assistance in unreliable, federal stimulus dollars are
dwelling, and real estate assessment are declining; and
WHEREAS, the Virginia Appropriation Act contains $60 million in across-the-board cuts to cities and
counties for both FY2011 and FY2012, under which localities are required to either elect to take
reductions in particular State Aid Programs, or send the State a check for the amount determined by the
Department of Planning and Budget; and
WHEREAS, these reductions are applied to essential services, including law enforcement, jail
administration, foster care and child protective services, comprehensive services programs, election
services, and the administration of social service; and
WHEREAS, the state budget cuts are not accompanied by any reduction in the state imposed mandates,
standards and service requirements, nor do they provide any administrative flexibility for local agencies;
and
WHEREAS, the County of Pittsylvania remitted $505,161 in FY2011 and will be required to remit
another $542,536 in FY 2012; and
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WHEREAS, these reductions shift a State costs to local taxpayers and artificially increase the amount of
the State surplus revenues while reducing the ability of a locality’s to utilize local revenues for local
support; and
WHEREAS, the Commonwealth of Virginia has reported a surplus in excess of $544 million for
FY2011; then
BE IT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors in regular session on
Tuesday, September 6, 2011, that they respectfully request Governor Bob McDonnell to submit a budget
amendment for the 2012 Session of the General Assembly to reverse the $60 million a year reduction in
the current year for FY2012 and to eliminate the aid to locality reduction and the budget submitted for
FY2013 and FY2014; and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County respectfully
request the County Representatives to the General Assembly support a budget amendment for 2012
Session of the General Assembly to reverse the $60 million a year reduction for the current FY 2012, and
to eliminate the aid to locality reduction in the budget submitted for FY2013 and FY2014.
Public Hearings
Amendments to the Pittsylvania County Budget for Fiscal Year 2011-2012: This public
hearing had remained open from the previous meeting of August 16, 2011. No one had signed up
to speak and Mr. Barber closed the public hearing at 7:54pm. Recommendation came from the
Finance Committee, which had met at 5:00pm prior to this meeting of the Board, to remove the
$841,144.70 carryover funds listed under Pittsylvania County School until more specific
information about the this carryover’s use towards the high school renovations could be provided
by the School Board and approve the remainder of the amended budget. The following Roll Call
Vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr.
Pritchett-No; Mr. Ingram-Yes; and Mr. Barber-Yes. Mr. Harville’s motion passed by a 6-1
majority vote with Mr. Pritchett in opposition.
This concluded the public hearings
Added Items
Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Added Items a-h
as Consent Items recommended for approval, which was unanimously approved by the Board.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2011-09-02
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the
General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia
on Tuesday September 6, 2011, the following resolution was presented and adopted:
WHEREAS, Pittsylvania County operates a Parks and Recreation Department established to
provide recreational activities, games and contests within the jurisdiction of Pittsylvania County;
and
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WHEREAS, the operation of the Pittsylvania County Department of Parks and Recreation is
partially funded by recreational gate fees for the entrance and attendance to any and all the
County Parks and Recreation sponsored or affiliated games, contests and activities; and
WHEREAS, in accordance with Chapter 36 of the Pittsylvania County Code, a fee assessment
must be set by the Board of Supervisors via resolution; and
WHEREAS, no person shall be admitted to attend or gain entry to any recreational game or
contested by the County Department of Parks and Recreation for which a fee is charged without
first paying the fee; then
BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors establishes a
gate fee of TWO DOLLARS ($2.00) per person for the entrance and attendance to any of the
Pittsylvania County Parks and Recreation sponsored or affiliated recreational games, contests or
activities; and
BE IT FURTHER RESOLVED, that the Director of the Pittsylvania County Parks and
Recreation Department shall be responsible for the operation of a petty cash fund in the amount
of THREE HUNDRED DOLLARS ($300.00) to be utilized at various activities throughout the
County during the annual operation of Parks and Recreation sponsored or affiliated recreational
games, contests and activities. The Director of Parks and Recreation shall be responsible for the
annual audit, balance and receipt reporting to the Director of Finance of all gate fees received in
accordance with this resolution.
BE IT STILL FURTHER RESOLVED, that this resolution shall be a standing resolution until
such time as the Board of Supervisors expressly authorizes a corrected resolution establishing a
new or revised gate fee.
Pittsylvania County Board of Supervisors
RESOLUTION
2011-09-03
RESOLUTION REQUESTING NO THRU TRUCK ON
RINGGOLD ROAD (STATE ROUTE 734)
WHEREAS, the Pittsylvania County Board of Supervisors requested the Virginia
Department of Transportation and the Virginia Transportation Board to place a “No Thru Truck”
restriction on Ringgold Road (SR 734) from U.S. Route 58 to the new Cane Creek Parkway
intersection on Barker Road (SR 733); and
WHEREAS, the current restrictions still allow semi-tractor trailers to drive on U.S. RT
58 to SR 733 to the rear entrance of the existing Yorktowne Cabinetry division; and
WHEREAS, this additional semi-tractor trailer truck traffic is placing an unsafe
condition in a residential area on Ringgold Road (SR 734) where the alternate route of Cane
Creek Parkway provides a much better and safer route for these semi-tractor trailers to travel
without interfering with residential community local traffic; and
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WHEREAS, the County of Pittsylvania is receiving numerous complaints from citizens
on Ringgold Road (SR 734) concerning this continued traffic by industrial semi-tractor trailers;
then
BE IT RESOLVED, that the Pittsylvania County Board of Supervisors requests the
Virginia Department of Transportation and the Virginia Transportation Board to amend the
current “No Thru Truck” restriction from U.S. RT 58 to Cane Creek Parkway to a new location
between U.S. RT 58 and the intersection of Barker Road (SR 733); and
BE IT FURTHER RESOLVED, that this resolution be forwarded to the Virginia
Department of Transportation and the Virginia Transportation Board.
Unfinished Business
At the August 16, 2011 meeting of the Board of Supervisors, motion was made by Mr.
Ecker, seconded by Mr. Harville, for the reappropriation of funds as follows: $563.00 to Sheriff-
Parts (100-4-031200-6030), $147.32 to Sheriff-Labor (100-4-031200-6031), $4,954.00 to Solid
Waste Collections-Repairs (100-4-042300-3310), $100.00 to Animal Control-Donations (100-4-
035100-5883), $260.00 to Library-Postage (100-4-073100-5210), $13,318.91 to WIA-Rent (251-
4-353160-5420), $17,650.00 to Jail Inmate Management-Vehicles (311-4-033400-8105). This
motion required a 10-day layover that had now been met and the following Roll Call Vote was
recorded: Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes;
Mr. Harville-Yes and Mr. Barber-Yes. Mr. Ecker’s motion was unanimously approved by the
Board.
New Business
The Finance Committee, which met at 5:00pm prior to the Board meeting, a motion to
the Board to cancel Conservation Reserve Program (CRP) Contract #475 and to appropriate
$2,247.71 from General Funds and transfer to the 325-Gretna Industrial Parks account in order to
close out this contract. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. Davis-
Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes and Mr. Barber-Yes.
The Committee’s motion was unanimously approved by the Board.
Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve reappropriation of
funds as follows: $268.74 to Sheriff-Copier Lease (100-4-031200-6005), $4,369.15 to Sheriff-
Parts (100-4-031200-6030), $3,673.80 to Sheriff-Labor (100-4-031200-6031), $242.56 to Jail-
Professional Health Services (100-4-033100-3110), $1,037.19 to Extradition (100-4-033100-
5550), $10.44 to Jail-Medical Supplies (100-4-033100-6004), $35.00 to Animal Control-
Donations (100-4-035100-5883), $364.42 to Library-Books (100-4-073100-6012), $13,308.63 to
WIA-Rent (251-4-353160-5420). This motion required a 10-day layover.
Motion was made by Mr. Snead, seconded by Mr. Pritchett, to authorize emergency
repairs to the northwest corner of the Pittsylvania County Historic Courthouse, not to exceed
$25,000, due to damages caused by the recent earthquake, which was unanimously approved by
the Board.
Motion was made by Mr. Ecker, seconded by Mr. Harville, prepare for a public hearing
concerning proposed amendments to Chapter 5-Cemeteries, of the Pittsylvania County Code,
once property documentation for the proposed cemetery site of New Chapel Church had been
completed prior to the Board of Supervisors expending any additional costs for public hearings
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for this cemetery changes until the corrections have been verified, which was unanimously
approved by the Board.
Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Option 2-Lease
Option and approve the Landfill Resolution 2011-09-06 and authorize the County Administrator
to sign all necessary documents in order to move forward with the Virginia Resource Authority
to provide necessary funding for the Pittsylvania County Landfill expansion, which was
unanimously approved by the Board.
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Motion was made by Mr. Ecker, seconded by Mr. Harville, to add to the agenda: (a)
Amendment to the Board of Supervisor By-Laws and once added; (b) to remove “Invocation”
from Article II, Section 2.6 of the Pittsylvania County By-Laws. This motion required a 10-day
layover.
Reports from Board Members
The Board members thanked everyone who came to the meeting in support of the Board.
Mr. Snead reminded everyone of the NAACP Banquet to be held on Saturday, September
24, 2011 and of the grand opening of the Brosville Medical Center at 10:00am on Friday,
September 9, 2011.
Reports from the County Administrator
Mr. Sleeper reminded everyone of the Community Action Banquet to be held the
upcoming weekend.
Adjournment
Motion was made by Mr. Harville, seconded by Mr. Ecker, to adjourn which was
unanimously approved by the Board. The meeting adjourned at 8:16pm.