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10-03-2011 Regular Meeting Pittsylvania County Board of Supervisors Monday, October 3, 2011 Regular Meeting VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, October 3, 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. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Davis led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Ingram, seconded by Mr. Harville, to approve the agenda with the following additions: Additions: (a) Memorandum of Agreement; Intake Diversion Specialist (b) Request for Use of County Property (c) Tobacco Grant Application - Agribusiness Mr. Ingram’s motion was unanimously approved by the Board. Hearing of the Citizens There were no sign ups to speak. Consent Agenda (a) Minutes: September 6, 2011 – Special Meeting September 6, 2011 – Regular Meeting September 20, 2011 – Adjourned Meeting (b) Presentation: Letters of Recognition for Future Farmers of America (FFA) Student Awards and the Center for Technology and Education Student Awards (CTE) 6(c) Regional One-October 6(d) Request by the Chatham Garden Club to showcase the historic Clerk’s Office/Gaol Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve the Consent Agenda, which was unanimously approved by the Board. At this time, Letters of Recognition were presented for Future Farmers of America (FFA) Student Awards and the Center for Technology and Education (CTE) Student Awards . Public Hearings Proposed Water Supply Plan & Drought Ordinance: Mr. Barber opened the public hearing at 7:10pm. Mr. Greg Sides, Assistant County Administrator, stated the State Water Control Board’s regulation 9 VAC 25-780 required that local governments conduct a comprehensive water supply planning process and develop a Water Supply Plan. Pittsylvania County notified the Virginia Regular Meeting October 3, 2011 Department of Environmental Quality in 2008 that the County would participate in a regional water supply plan coordinated by the West Piedmont Planning District Commission. The County’s partners in this plan are: Henry County, Patrick County, City of Danville, City of Martinsville, Town of Stuart, Town of Ridgeway, Town of Chatham, Town of Gretna, and Town of Hurt. There were a number of participant meetings and public meetings during the plan development process. There was now a draft plan available. All participating localities must hold a public hearing to adopt the water supply plan and to adopt a drought ordinance. The drought ordinance is a standardized document that implements the Drought Response and Contingency Plan, which is part of the overall water supply plan. The public hearing has been properly advertised and copies of the plan and drought ordinance have been available for public review. No one signed up to speak and Mr. Barber closed the public hearing at 7:13pm. Motion was made by Mr. Snead, seconded by Mr. Davis, to adopt the West Piedmont Planning District Commission Regional Water Supply Plan and the Pittsylvania County Drought Ordinance-Resolution 2011-10-02. 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. Snead’s motion to adopt the West Piedmont Planning District Commission Regional Water Supply Plan and the Pittsylvania County Drought Ordinance-Resolution 2011-10-02 was unanimously approved by the Board. Regular Meeting October 3, 2011 New Business Motion was made by Mr. Ecker, seconded by Mr. Ingram, for Staff to purchase the property of the Herman O. Shelton estate where the County has operated a green box site in the Staunton River District since 1974 for no more than $3,000.00, close on the necessary property and remove the older buildings to ensure environmental protection of the site, noting funds were available in the current budget. Mr. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Harville seconded by Mr. Ecker, to transfer existing Solid Waste revenues and expenditures to the Solid Waste Enterprise Fund as part of the criteria to ensure funds will be available to pay the necessary bond debt of the landfill expansion per the Lease Agreement with the Virginia Resources Authority. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Davis, to authorize Chairman Tim Barber to be the voting delegate for Pittsylvania County and the alternate be Vice-Chairman James Snead, on behalf of Pittsylvania County at the annual Virginia Association of Counties (VACo) meeting at The Homestead. Mr. Harville’s motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ingram, for the reappropriation of funds as follows: $250.00 to Sheriff-Towing Charges (100-4-031200-3170), $1,442.78 to Sheriff-Parts (100-4- 031200-6030), $2,878.85 to Sheriff-Labor (100-4-031200-6031), $317.09 to Fire & Rescue-United Way (100-4-032200-5667), $98.47 to Extradition (100-4-033100-5550), $30.00 to Animal Control-Donations (100-4-035100-5883), $250.00 to Ag Development-Office Supplies (100-4-082500-6001), $15,585.57 to WIA-Rent (251-4-353160-5420), $761.00 to WIA-Other Operating Supplies (251-4-353853-6014). This motion required a 10-Day Layover. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to set a public hearing for Tuesday, October 18, 2011 at the Board’s scheduled adjourned meeting for citizen input on a proposed amendment to Chapter 5-Cemeteries, of the Pittsylvania County Code, that would allow the New Chapel Church of Gretna, Virginia, to establish an approximately 1-acre cemetery on SR763/Weatherford Road, in the Staunton River District. Mr. Ecker’s motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Prtichett, to approve Resolution 2011-10-01, authorizing a Tobacco Commission application for Development Ready Sites in Brosville Industrial Park, and authorizing the County Administrator to sign necessary documents. Mr. Barber declared he would have to abstain from voting as he had a conflict of interest due to business dealings within the Brosville Industrial Park and could not vote on this issue. Mr. Snead’s motion carried with a approval vote of 6 by the Board, with Mr. Barber abstaining. Items Added Motion was made by Mr. Harville, seconded by Mr. Ingram, to authorize the County Administrator to sign a Memorandum of Understanding with the Department of Juvenile Justice that authorizes supervision by the 22nd Judicial Court Service Unit of an Intake Diversion Specialist funded by Pittsylvania County, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Ingram, to approve a request from James H. and Leslie McDole, Co-Race Directors of the annual Sartomer 5K Run, for the use of the Captain Martin Building lobby for the sole purpose of statistic compilation of the race results, which was unanimously approved by the Board. Regular Meeting October 3, 2011 Motion was made by Mr. Snead, seconded by Mr. Harville, to decline applying on behalf of an agribusiness for a Tobacco Commission grant application. Mr. Ingram declared he was abstaining from voting. Mr. Snead’s motion to decline carried with the 6 remain votes of the Board. Closed Session Motion was made by Mr. Snead, seconded by Mr. Davis, to enter Closed Session for the following reasons: (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 Purpose: Briefing on Litigation Status (B) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: Virginia Code § 2.2-3711(A)(7), 1950, as amended Subject Matter: Jane Doe vs. Pittsylvania County, Virginia and the Pittsylvania County Board of Supervisors Purpose: Briefing on Litigation Status Mr. Snead’s motion was unanimously approved by the Board and the Board entered Closed Session at 7:35pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, 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 Regular Meeting of the Pittsylvania County Board of Supervisors on October 3, 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 Regular Meeting October 3, 2011 The Board returned to Open Session at 8:15pm. Motion was made by Mr. Snead, seconded by Mr. Davis, to authorize Eric Reynolds, the attorney hired by the County in the Comprehensive Services Act (CSA) Audit, to file a Declaratory Judgment Action in the Circuit Court of Richmond on the complaints issued by the CSA, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker, to authorize the County Administrator and County Attorney to hire an associate attorney for the Jane Doe vs. Pittsylvania County case, which was unanimously approved by the Board. Reports from Board Members Mr. Ecker thanked everyone for recognizing the FFA and CTE students that received Letters of Recognition from the Board. Adjournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn which was unanimously approved by the Board. The meeting adjourned at 8:16pm.