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09-20-2011 Adj MeetingAdjourned Meeting September 20, 2011 Pittsylvania County Board of Supervisors Tuesday, September 20, 2011 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, September 20, 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 7:02 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. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie L. Shelton, Jr. Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the agenda with the following additions/deletions: Additions: (a) Purchase of Property- Callahan’s Hill Compactor Site (b) Request for Public Hearing; Proposed Amendment to Chapter 31 of the Pittsylvania County Code (c) Out of State Travel Deletion (d) Removal of Item 13-Request from Town of Chatham to participate in the Pittsylvania County and Pittsylvania County School Insurance Group Policy And, to move Item 12 up to be heard after the Board votes on the Consent Agenda. Mr. Harville’s motion was unanimously approved by the Board. Hearing of the Citizens Ms. Deborah Lovelace of the Callands-Gretna District was glad to see on the agenda that students would be recognized by the Board for their scholastic achievements and thanked the Board for doing so. Ms. Karen Maute of the Westover District made comments on the difficulty of finding the Pittsylvania County Service Authority (PCSA) agendas online, comments on the PCSA’s ordinance requiring 51% of homeowners to connect to service lines and yet this did not appear to be happening; and was disappointed to see the Board had taken prayer off its agenda and wished they would consider putting invocation back on the agenda. Mr. Richard Shumate of the Westover District made comments in favor of the citizen attendance at the last Board meeting. This concluded the Hearing of the Citizens Adjourned Meeting September 20, 2011 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. Consent Agenda (a) Proclamation – National Fire Prevention Week (b) Out of State Travel (c) Commonwealth Attorney – State Restricted Seizure Fund Appropriation (d) Southern Rivers Watershed Grant Appropriation (e) Tobacco Regional Opportunity Fund Appropriation (f) Letters of Recognition for Future Farmers of America (FFA) Student Awards and the Center for Technology and Education Student Awards (CTE) Motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the Consent Agenda as present, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION FIRE PREVENTION WEEK OCTOBER 9-15, 2011 WHEREAS, the County of Pittsylvania is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,500 people in the United States in 2009, according to the latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in the United States responded to more than 360,000 home fires; and WHEREAS, cooking equipment is the leading cause of home structure fires and associated injuries, and the third leading cause of home fire deaths; and WHEREAS, heating and electrical equipment and smoking materials are among the leading causes of all reported home fires; and WHEREAS, home candle fires are reported to a US fire department every 30 minutes, on average; and WHEREAS, the risk of dying in a home structure fire caused by smoking materials rises with age; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, automatic fire sprinkler systems cut the risk of dying in a home fire by about 80%; and Adjourned Meeting September 20, 2011 WHEREAS, Virginia’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Pittsylvania County’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2011 Fire Prevention Week theme, “It’s Fire Prevention Week. Protect your Family from Fire!” effectively serves to remind us all of the simple actions we can take to keep our homes and families safe from fire during Fire Prevention Week and year-round. THEREFORE, We, the Board of Supervisors of Pittsylvania County, do hereby proclaim October 9-15, 2011 as Fire Prevention Week throughout the County of Pittsylvania, and we urge all the residents of Pittsylvania County to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2011, and to support the many public safety activities and efforts of Pittsylvania County’s fire and emergency services. Item 12 – Nursing Home Emergency Response Policy Mark Moss, Captain of the Altavista EMS, addressed the Board with issues that had arisen since the priority dispatch protocol, particularly in the problem of lack of rapid response time noted by Dr. Elliot of the Staunton River Medical Center by having to wait on Regional One due to the priority dispatch change, when other squads were already in the area of the center. Motion was made by Mr. Ecker, seconded by Mr. Ingram, for the E911 Director to propose changes in protocol of priority dispatch to Dr. Delera at Danville Regional Medical Center for a change more advantageous to the Staunton River Medical Center and/or other rescue squads that may be able to respond faster to medical centers in their respective areas, which was unanimously approved by the Board. Public Hearings Case 1: Paul D. Walker & Kelly W. Walker – Tunstall District; R-11-033 Mr. Barber opened the public hearing at 7:30pm. Mr. Shelton explained that Paul and Kelly Walker have petitioned to rezone the RC-1, Residential Combined Subdivision District portion of 11.44 acres to A-1, Agricultural District, to make the zoning consistent with the remaining 10.35 acres and to install a swimming pool. The RC-1 portion was approximately 1.09 acres, located on SR 845/Hill Creek Road, in the Tunstall District. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Paul Walker was there to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:31pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R-11-033 from RC-1 to A-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 -Yes; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. Case 2: Bobby R. Pickral, Sr. & Patsy W. Pickral – Callands-Gretna District; R-11-034 Mr. Barber opened the public hearing at 7:32pm. Mr. Shelton explained that Bobby and Patsy Pickral had petitioned to rezone the R-1, Residential Suburban Subdivision District portion of 4.49 acres to A-1, Agricultural District to make the zoning consistent with the remaining 3.96 acres and to allow for construction of an addition to their dwelling. The R-1 portion is Adjourned Meeting September 20, 2011 approximately 0.53 of an acre, located on SR 790/Piney Road, in the Callands-Gretna Election District. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Mr. and Mrs. Pickral were present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:33pm. Motion was made by Mr. Ingram, seconded by Mr. Ecker, to rezone Case R-11-034 from R-1 to A-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-Yes; and Mr. Barber-Yes. Mr. Ingram’s motion was unanimously approved by the Board. Case 3: Shelby O. Martin – Westover District; R-11-035 Mr. Barber opened the public hearing at 7:34pm. Mr. Shelton explained that Shelby Martin had petitioned to rezone 1.10 acres, located on SR743/Orphanage Road, in the Westover Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for placement of a second dwelling, a single-wide mobile home, for rental. The Planning Commission, with no opposition, recommended granting the petitioner’s request. Ms. Martin was present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:35pm. Mr. Harville made a motion, seconded by Mr. Ingram, to approve rezoning Case R-11-035 from R-1 to A-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-Yes; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. Case 4: Archer A. Hyler – Tunstall District; R-11-036 Mr. Barber opened the public hearing at 7:36pm. Mr. Shelton explained that Archer Hyler had petitioned to rezone 5.92 acres, located on SR 876/Magrums Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District for future subdivision of the property for family members. The Planning Commission, with no opposition, recommended granting the petitioner’s request with proffer. Mr. Shelton read the following proffer given by Mr. Hyler: “I, Archer A. Hyler, would like to apply to the Planning Commission/Board of Supervisors to rezone 5.92 acres, located on State Road 876/Mangrums Road, in the Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The property is shown on the records as GPIN #1268-85-5348/160C-1-16A. I would like to rezone for future subdivision of the property for family members.” Mr. Hyler was present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:37pm. . Mr. Harville made a motion, seconded by Mr. Ingram, to approve rezoning Case R-11-036 from R-1 to A-1 with the proffer. 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. Harville’s motion was unanimously approved by the Board. This concluded the public hearings. Unfinished Business At the 09-06-2011 meeting of the Board of Supevisors, Mr. Davis made a motion, seconded by Mr. Ecker to amend the Pittsylvania County By-Laws under Article II; Section 2.6 to remove the word invocation from that section. This has met the 10-day layover requirements of notice and the Board may vote to remove this item under Section 2.6. This will required a Roll Call vote that had now been met. Mr. Ecker stated he would like to see Resolution 2011- 09-06, Policy Regarding Open Invocations Before Meetings of the Board of Supervisors of Pittsylvania County, Virginia, be incorporated into the Board’s bylaws to ensure future boards would follow the policy. Mr. Davis stated that the adopted resolution was as much a policy as Adjourned Meeting September 20, 2011 the bylaws were and he was not amending his motion resolution made at the previous meeting to include incorporating the resolution it into the bylaws. 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. Davis’ motion was unanimously approved by the Board. At the 09-06-2011 meeting of the Board of Supervisors, motion was made by Mr. Snead, seconded by Mr. Davis, for the 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), that required a 10-day layover that had now been met. 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. Snead’s motion was unanimously approved by the Board. New Business Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve an amendment to the Pittsylvania County Engineering Services Agreement dated January 1999 with Dewberry in the amount of $2,500 for the Operations Manual revisions and certifications and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Snead, to approve the Joint Use Agreement between the Pittsylvania County Board of Supervisors and the Pittsylvania County Schools placing a date on this agreement of September 20, 2011 and note that this agreement is for fiscal year 2011 and 2012 only. Without revisions, the agreement should be automatically renewed annually, and authorize the Chairman to sign on the behalf of Pittsylvania County. Mr. Pritchett’s motion was unanimously approved by the Board. Added Items Motion was made by Mr. Harville, seconded by Mr. Ingram, to authorize the County Administrator to negotiate, close and purchase a one acre site adjacent to the Callahan’s Hill Compactor site for $10,000 and authorize the Chairman of the Board to sign to receive this property following final approval of legal counsel. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to authorize the County Administrator to set a public hearing concerning a proposed change in the Pittsylvania County ordinance for Chapter 31 in reference to Section 31-3.1; Subsection 1b-8; Change in Definition, which was unanimously approved by the Board. Motion was made by Mr. Pritchett, seconded by Mr. Davis, to approve Out of State Travel for a trip to Washington, DC where Mr. Barber, Mr. Snead and Mr. Sleeper will be meeting with Congressman Robert Hurt and Senator Mark Warner. Mr. Pritchett’s motion was unanimously approved by the Board. Adjourned Meeting September 20, 2011 Reports from Board Members Mr. Snead reminded everyone of the NAACP Banquet on September 24, 2011. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:11pm.